S 1673 IS
107th CONGRESS
1st Session
S. 1673
To provide for the continuation of agricultural programs through
fiscal year 2011.
IN THE SENATE OF THE UNITED STATES
November 9, 2001
Mrs. LINCOLN (for herself, Mr. HUTCHINSON, Mr. HELMS, Mr. MILLER, Ms.
LANDRIEU, and Mr. BREAUX) introduced the following bill; which was read twice
and referred to the Committee on Agriculture, Nutrition, and Forestry
A BILL
To provide for the continuation of agricultural programs through
fiscal year 2011.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE- This Act may be cited as the `Farm Security Act of
2001'.
(b) TABLE OF CONTENTS- The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--COMMODITY PROGRAMS
Subtitle A--Fixed Decoupled Payments and Counter-Cyclical
Payments
Sec. 101. Payments to eligible producers.
Sec. 102. Establishment of payment yield.
Sec. 103. Establishment of base acres and payment acres for a
farm.
Sec. 104. Availability of fixed, decoupled payments.
Sec. 105. Availability of counter-cyclical payments.
Sec. 106. Producer agreement required as condition on provision of
fixed, decoupled payments and counter-cyclical payments.
Sec. 107. Planting flexibility.
Sec. 108. Relation to remaining payment authority under production
flexibility contracts.
Sec. 109. Payment limitations.
Sec. 110. Period of effectiveness.
Subtitle B--Marketing Assistance Loans and Loan Deficiency
Payments
Sec. 121. Availability of nonrecourse marketing assistance loans for
covered commodities.
Sec. 122. Loan rates for nonrecourse marketing assistance loans.
Sec. 124. Repayment of loans.
Sec. 125. Loan deficiency payments.
Sec. 126. Payments in lieu of loan deficiency payments for grazed
acreage.
Sec. 127. Special marketing loan provisions for upland cotton.
Sec. 128. Special competitive provisions for extra long staple
cotton.
Sec. 129. Availability of recourse loans for high moisture feed grains
and seed cotton and other fibers.
Sec. 130. Availability of nonrecourse marketing assistance loans for
wool and mohair.
Sec. 131. Availability of nonrecourse marketing assistance loans for
honey.
Sec. 132. Producer retention of erroneously paid loan deficiency
payments and marketing loan gains.
Subtitle C--Other Commodities
Chapter 1--Dairy
Sec. 141. Milk price support program.
Sec. 142. Repeal of recourse loan program for processors.
Sec. 143. Extension of dairy export incentive and dairy indemnity
programs.
Sec. 144. Fluid milk promotion.
Sec. 145. Dairy product mandatory reporting.
Sec. 146. Study of national dairy policy.
Chapter 2--Sugar
Sec. 152. Reauthorize provisions of Agricultural Adjustment Act of 1938
regarding sugar.
Sec. 153. Storage facility loans.
Chapter 3--Peanuts
Sec. 162. Establishment of payment yield, peanut acres, and payment
acres for a farm.
Sec. 163. Availability of fixed, decoupled payments for peanuts.
Sec. 164. Availability of counter-cyclical payments for peanuts.
Sec. 165. Producer agreement required as condition on provision of
fixed, decoupled payments and counter-cyclical payments.
Sec. 166. Planting flexibility.
Sec. 167. Marketing assistance loans and loan deficiency payments for
peanuts.
Sec. 168. Quality improvement.
Sec. 169. Payment limitations.
Sec. 170. Termination of marketing quota programs for peanuts and
compensation to peanut quota holders for loss of quota asset value.
Subtitle D--Administration
Sec. 181. Administration generally.
Sec. 182. Extension of suspension of permanent price support
authority.
Sec. 184. Adjustments of loans.
Sec. 185. Personal liability of producers for deficiencies.
Sec. 186. Extension of existing administrative authority regarding
loans.
Sec. 187. Assignment of payments.
Sec. 188. Report on effect of certain farm program payments on economic
viability of producers and farming infrastructure.
TITLE II--CONSERVATION
Subtitle A--Environmental Conservation Acreage Reserve Program
Sec. 201. General provisions.
Subtitle B--Conservation Reserve Program
Sec. 211. Reauthorization.
Sec. 213. Duties of owners and operators.
Sec. 214. Reference to conservation reserve payments.
Sec. 215. Expansion of pilot program to all States.
Subtitle C--Wetlands Reserve Program
Sec. 222. Easements and agreements.
Sec. 223. Duties of the Secretary.
Sec. 224. Changes in ownership; agreement modification;
termination.
Subtitle D--Environmental Quality Incentives Program
Sec. 233. Establishment and administration.
Sec. 234. Evaluation of offers and payments.
Sec. 235. Environmental Quality Incentives Program plan.
Sec. 236. Duties of the Secretary.
Sec. 237. Limitation on payments.
Sec. 238. Ground and surface water conservation.
Subtitle E--Funding and Administration
Sec. 241. Reauthorization.
Sec. 243. Allocation for livestock production.
Sec. 244. Administration and technical assistance.
Subtitle F--Other Programs
Sec. 251. Private grazing land and conservation assistance.
Sec. 252. Wildlife Habitat Incentives Program.
Sec. 253. Farmland Protection Program.
Sec. 254. Resource Conservation and Development Program.
Sec. 255. Grassland Reserve Program.
Sec. 256. Farmland Stewardship Program.
Sec. 257. Small Watershed Rehabilitation Program.
Sec. 258. Provision of assistance for Repaupo Creek Tide Gate and Dike
Restoration Project, New Jersey.
Sec. 259. Grassroots source water protection program.
Subtitle G--Repeals
Sec. 261. Provisions of the Food Security Act of 1985.
Sec. 262. National Natural Resources Conservation Foundation Act.
TITLE III--TRADE
Sec. 301. Market Access Program.
Sec. 302. Food for Progress.
Sec. 303. Surplus commodities for developing or friendly
countries.
Sec. 304. Export Enhancement Program.
Sec. 305. Foreign Market Development Cooperator Program.
Sec. 306. Export Credit Guarantee Program.
Sec. 307. Food for Peace (Public Law 480).
Sec. 308. Emerging markets.
Sec. 309. Bill Emerson Humanitarian Trust.
Sec. 310. Technical assistance for specialty crops.
Sec. 311. Farmers to Africa and the Caribbean Basin.
Sec. 312. George McGovern-Robert Dole International Food for Education
and Child Nutrition Program.
Sec. 313. Study on fee for services.
Sec. 314. National export strategy report.
TITLE IV--NUTRITION PROGRAMS
Subtitle A--Food Stamp Program
Sec. 401. Simplified definition of income.
Sec. 402. Standard deduction.
Sec. 403. Transitional food stamps for families moving from
welfare.
Sec. 404. Quality control systems.
Sec. 405. Simplified application and eligibility determination
systems.
Sec. 406. Authorization of appropriations.
Subtitle B--Commodity Distribution
Sec. 441. Distribution of surplus commodities to special nutrition
projects.
Sec. 442. Commodity supplemental food program.
Sec. 443. Emergency food assistance.
Subtitle C--Miscellaneous Provisions
Sec. 461. Hunger fellowship program.
Sec. 462. General effective date.
TITLE V--CREDIT
Subtitle A--Farm Ownership Loans
Sec. 502. Financing of bridge loans.
Sec. 503. Limitations on amount of farm ownership loans.
Sec. 504. Joint financing arrangements.
Sec. 505. Guarantee percentage for beginning farmers and ranchers.
Sec. 506. Guarantee of loans made under State beginning farmer or
rancher programs.
Sec. 507. Down payment loan program.
Sec. 508. Beginning farmer and rancher contract land sales
program.
Subtitle B--Operating Loans
Sec. 512. Amount of guarantee of loans for tribal farm operations;
waiver of limitations for tribal farm operations and other farm
operations.
Subtitle C--Administrative Provisions
Sec. 521. Eligibility of limited liability companies for farm ownership
loans, farm operating loans, and emergency loans.
Sec. 522. Debt settlement.
Sec. 523. Temporary authority to enter into contracts; private
collection agencies.
Sec. 524. Interest rate options for loans in servicing.
Sec. 525. Annual review of borrowers.
Sec. 526. Simplified loan applications.
Sec. 527. Inventory property.
Sec. 529. Loan authorization levels.
Sec. 530. Interest rate reduction program.
Sec. 531. Options for satisfaction of obligation to pay recapture amount
for shared appreciation agreements.
Sec. 532. Waiver of borrower training certification requirement.
Sec. 533. Annual review of borrowers.
Subtitle D--Farm Credit
Sec. 541. Repeal of burdensome approval requirements.
Sec. 542. Banks for cooperatives.
Sec. 543. Insurance Corporation premiums.
Sec. 544. Board of Directors of the Federal Agricultural Mortgage
Corporation.
Subtitle E--General Provisions
Sec. 551. Inapplicability of finality rule.
Sec. 552. Technical amendments.
Sec. 553. Effect of amendments.
Sec. 554. Effective date.
TITLE VI--RURAL DEVELOPMENT
Sec. 601. Funding for rural local television broadcast signal loan
guarantees.
Sec. 602. Expanded eligibility for value-added agricultural product
market development grants.
Sec. 603. Agriculture innovation center demonstration program.
Sec. 604. Funding of community water assistance grant program.
Sec. 605. Loan guarantees for the financing of the purchase of renewable
energy systems.
Sec. 606. Loans and loan guarantees for renewable energy systems.
Sec. 607. Rural business opportunity grants.
Sec. 608. Grants for water systems for rural and native villages in
Alaska.
Sec. 609. Rural cooperative development grants.
Sec. 610. National reserve account of Rural Development Trust
Fund.
Sec. 611. Rural venture capital demonstration program.
Sec. 612. Increase in limit on certain loans for rural
development.
Sec. 613. Pilot program for development and implementation of strategic
regional development plans.
Sec. 614. 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. 615. National Rural Development Partnership.
Sec. 616. Eligibility of rural empowerment zones, rural enterprise
communities, and champion communities for direct and guaranteed loans for
essential community facilities.
Sec. 617. Grants to train farm workers in new technologies and to train
farm workers in specialized skills necessary for higher value crops.
Sec. 618. Loan guarantees for the purchase of stock in a farmer
cooperative seeking to modernize or expand.
Sec. 619. Intangible assets and subordinated unsecured debt required to
be considered in determining eligibility of farmer-owned cooperative for
business and industry guaranteed loan.
Sec. 620. Ban on limiting eligibility of farmer cooperative for business
and industry loan guarantee based on population of area in which cooperative
is located; refinancing.
Sec. 621. Rural water and waste facility grants.
Sec. 622. Rural water circuit rider program.
Sec. 623. Rural water grassroots source water protection program.
Sec. 624. Delta regional authority.
Sec. 625. Predevelopment and small capitalization loan fund.
Sec. 626. Rural economic development loan and grant program.
TITLE VII--RESEARCH AND RELATED MATTERS
Subtitle A--Extensions
Sec. 700. Market expansion research.
Sec. 701. National Rural Information Center Clearinghouse.
Sec. 702. Grants and fellowships for food and agricultural sciences
education.
Sec. 703. Policy research centers.
Sec. 704. Human nutrition intervention and health promotion research
program.
Sec. 705. Pilot research program to combine medical and agricultural
research.
Sec. 706. Nutrition education program.
Sec. 707. Continuing animal health and disease research programs.
Sec. 708. Appropriations for research on national or regional
problems.
Sec. 709. Grants to upgrade agricultural and food sciences facilities at
1890 land-grant colleges, including Tuskegee University.
Sec. 710. National research and training centennial centers at 1890
land-grant institutions.
Sec. 711. Hispanic-serving institutions.
Sec. 712. Competitive grants for international agricultural science and
education programs.
Sec. 713. University research.
Sec. 714. Extension service.
Sec. 715. Supplemental and alternative crops.
Sec. 716. Aquaculture research facilities.
Sec. 717. Rangeland research.
Sec. 718. National genetics resources program.
Sec. 719. High-priority research and extension initiatives.
Sec. 720. Nutrient management research and extension initiative.
Sec. 721. Agricultural telecommunications program.
Sec. 722. Alternative agricultural research and commercialization
revolving fund.
Sec. 723. Assistive technology program for farmers with
disabilities.
Sec. 724. Partnerships for high-value agricultural product quality
research.
Sec. 725. Biobased products.
Sec. 726. Integrated research, education, and extension competitive
grants program.
Sec. 727. Institutional capacity building grants.
Sec. 728. 1994 Institution research grants.
Sec. 729. Endowment for 1994 Institutions.
Sec. 730. Precision agriculture.
Sec. 731. Thomas Jefferson initiative for crop diversification.
Sec. 732. Support for research regarding diseases of wheat, triticale,
and barley caused by Fusarium Graminearum or by Tilletia Indica.
Sec. 733. Office of Pest Management Policy.
Sec. 734. National Agricultural Research, Extension, Education, and
Economics Advisory Board.
Sec. 735. Grants for research on production and marketing of alcohols
and industrial hydrocarbons from agricultural commodities and forest
products.
Sec. 736. Biomass research and development.
Sec. 737. Agricultural experiment stations research facilities.
Sec. 738. Competitive, special, and facilities research grants national
research initiative.
Sec. 739. Federal agricultural research facilities authorization of
appropriations.
Sec. 740. Cotton classification services.
Sec. 740A. Critical agricultural materials research.
Sec. 740B. Private nonindustrial hardwood research program.
Subtitle B--Modifications
Sec. 741. Equity in Educational Land-Grant Status Act of 1994.
Sec. 742. National Agricultural Research, Extension, and Teaching Policy
Act of 1977.
Sec. 743. Agricultural Research, Extension, and Education Reform Act of
1998.
Sec. 744. Food, Agriculture, Conservation, and Trade Act of 1990.
Sec. 745. National Agricultural Research, Extension, and Teaching Policy
Act of 1977.
Sec. 746. Biomass research and development.
Sec. 747. Biotechnology risk assessment research.
Sec. 748. Competitive, special, and facilities research grants.
Sec. 749. Matching funds requirement for research and extension
activities of 1890 institutions.
Sec. 749A. Matching funds requirement for research and extension
activities for the United States territories.
Sec. 750. Initiative for future agriculture and food systems.
Sec. 751. Carbon cycle research.
Sec. 752. Definition of food and agricultural sciences.
Sec. 753. Federal extension service.
Sec. 754. Policy research centers.
Subtitle C--Related Matters
Sec. 761. Resident instruction at land-grant colleges in United States
territories.
Sec. 762. Declaration of extraordinary emergency and resulting
authorities.
Sec. 763. Agricultural biotechnology research and development for the
developing world.
Subtitle D--Repeal of Certain Activities and Authorities
Sec. 771. Food Safety Research Information Office and National
Conference.
Sec. 772. Reimbursement of expenses under Sheep Promotion, Research, and
Information Act of 1994.
Sec. 773. National genetic resources program.
Sec. 774. National Advisory Board on Agricultural Weather.
Sec. 775. Agricultural information exchange with Ireland.
Sec. 776. Pesticide resistance study.
Sec. 777. Expansion of education study.
Sec. 778. Support for advisory board.
Sec. 779. Task force on 10-year strategic plan for agricultural research
facilities.
Subtitle E--Agriculture Facility Protection
Sec. 790. Additional protections for animal or agricultural enterprises,
research facilities, and other entities.
TITLE VIII--FORESTRY INITIATIVES
Sec. 801. Repeal of forestry incentives program and Stewardship
Incentive Program.
Sec. 802. Establishment of Forest Land Enhancement Program.
Sec. 803. Renewable resources extension activities.
Sec. 804. Enhanced community fire protection.
Sec. 805. International forestry program.
Sec. 806. Wildfire prevention and hazardous fuel purchase program.
Sec. 807. McIntire-Stennis cooperative forestry research program.
TITLE IX--MISCELLANEOUS PROVISIONS
Subtitle A--Tree Assistance Program
Sec. 903. Limitation on assistance.
Subtitle B--Other Matters
Sec. 921. Bioenergy program.
Sec. 922. Availability of section 32 funds.
Sec. 923. Seniors farmers' market nutrition program.
Sec. 924. Department of Agriculture authorities regarding
caneberries.
Sec. 925. National Appeals Division.
Sec. 926. Outreach and assistance for socially disadvantaged farmers and
ranchers.
Sec. 927. Equal treatment of potatoes and sweet potatoes.
Sec. 928. Reference to sea grass and sea oats as crops covered by
noninsured crop disaster assistance program.
Sec. 929. Operation of Graduate School of Department of
Agriculture.
Sec. 930. Assistance for livestock producers.
Sec. 931. Compliance with Buy American Act and sense of Congress
regarding purchase of American-made equipment, products, and services using
funds provided under this Act.
Sec. 932. Report regarding genetically engineered foods.
Sec. 933. Market name for pangasius fish species.
Sec. 934. Program of public education regarding use of biotechnology in
producing food for human consumption.
Sec. 936. Interagency Task Force on Agricultural Competition.
Sec. 937. Authorization for additional staff and funding for the Grain
Inspection, Packers and Stockyards Administration.
Sec. 938. Enforcement of the humane methods of Slaughter Act of
1958.
Sec. 939. Penalties and foreign commerce provisions of the Animal
Welfare Act.
Sec. 940. Improve administration of Animal and Plant Health Inspection
Service.
Sec. 941. Renewable energy resources.
Sec. 942. Use of amounts provided for fixed, decoupled payments to
provide necessary funds for rural development programs.
Sec. 943. Unlawful stockyard practices involving nonambulatory
livestock.
Sec. 944. Annual report on imports of beef and pork.
TITLE I--COMMODITY PROGRAMS
SEC. 100. DEFINITIONS.
In this title (other than chapter 3 of subtitle C):
(1) AGRICULTURAL ACT OF 1949- The term `Agricultural Act of 1949' means
the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.), as in effect prior to
the suspensions under section 171 of the Federal Agriculture Improvement and
Reform Act of 1996 (7 U.S.C. 7301).
(2) BASE ACRES- The term `base acres', with respect to a covered
commodity on a farm, means the number of acres established under section 103
with respect to the commodity upon the election made by the producers on the
farm under subsection (a) of such section.
(3) COUNTER-CYCLICAL PAYMENT- The term `counter-cyclical payment' means
a payment made to producers under section 105.
(4) COVERED COMMODITY- The term `covered commodity' means wheat, corn,
grain sorghum, barley, oats, upland cotton, rice, soybeans, and other
oilseeds.
(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 105 to determine whether counter-cyclical payments
are required to be made for that crop year.
(6) ELIGIBLE PRODUCER- The term `eligible producer' means a producer
described in section 101(a).
(7) FIXED, DECOUPLED PAYMENT- The term `fixed, decoupled payment' means
a payment made to producers under section 104.
(8) OTHER OILSEED- The term `other oilseed' means a crop of sunflower
seed, rapeseed, canola, safflower, flaxseed, mustard seed, or, if designated
by the Secretary, another oilseed.
(9) PAYMENT ACRES- The term `payment acres' means 85 percent of the base
acres of a covered commodity on a farm, as established under section 103,
upon which fixed, decoupled payments and counter-cyclical payments are to be
made.
(10) PAYMENT YIELD- The term `payment yield' means the yield established
under section 102 for a farm for a covered commodity.
(11) PRODUCER- The term `producer' means an owner, operator, landlord,
tenant, or sharecropper who shares in the risk of producing a crop and who
is entitled to share in the crop available for marketing from the farm, or
would have shared had the crop been produced. In determining whether a
grower of hybrid seed is a producer, the Secretary shall not take into
consideration the existence of a hybrid seed contract and shall ensure that
program requirements do not adversely affect the ability of the grower to
receive a payment under this title.
(12) SECRETARY- The term `Secretary' means the Secretary of
Agriculture.
(13) STATE- The term `State' means each of the several States of the
United States, the District of Columbia, the Commonwealth of Puerto Rico,
and any other territory or possession of the United States.
(14) TARGET PRICE- The term `target price' means the price per bushel
(or other appropriate unit in the case of upland cotton, rice, and other
oilseeds) of a covered commodity used to determine the payment rate for
counter-cyclical payments.
(15) UNITED STATES- The term `United States', when used in a
geographical sense, means all of the States.
Subtitle A--Fixed Decoupled Payments and Counter-Cyclical
Payments
SEC. 101. PAYMENTS TO ELIGIBLE PRODUCERS.
(a) PAYMENTS REQUIRED- Beginning with the 2002 crop of covered
commodities, the Secretary shall make fixed decoupled payments and
counter-cyclical payments under this subtitle--
(1) to producers on a farm that were parties to a production flexibility
contract under section 111 of the Federal Agriculture Improvement and Reform
Act of 1996 (7 U.S.C. 7211) for fiscal year 2002; and
(2) to other producers on farms in the United States as described in
section 103(a).
(b) TENANTS AND SHARECROPPERS- In carrying out this title, the Secretary
shall provide adequate safeguards to protect the interests of tenants and
sharecroppers.
(c) SHARING OF PAYMENTS- The Secretary shall provide for the sharing of
fixed, decoupled payments and counter-cyclical payments among the eligible
producers on a farm on a fair and equitable basis.
SEC. 102. ESTABLISHMENT OF PAYMENT YIELD.
(a) ESTABLISHMENT AND PURPOSE- For the purpose of making fixed decoupled
payments and counter-cyclical payments under this subtitle, the Secretary
shall provide for the establishment of a payment yield for each farm for each
covered commodity in accordance with this section.
(b) USE OF FARM PROGRAM PAYMENT YIELD- Except as otherwise provided in
this section, the payment yield for each of the 2002 through 2011 crops of a
covered commodity for a farm shall be the farm program payment yield in effect
for the 2002 crop of the covered commodity under section 505 of the
Agricultural Act of 1949 (7 U.S.C. 1465).
(c) FARMS WITHOUT FARM PROGRAM PAYMENT YIELD- In the case of a farm for
which a farm program payment yield is unavailable for a covered commodity
(other than soybeans or other oilseeds), the Secretary shall establish an
appropriate payment yield for the covered commodity on the farm taking in
consideration the farm program payment yields applicable to the commodity
under subsection (b) for similar farms in the area.
(d) PAYMENT YIELDS FOR OILSEEDS-
(1) DETERMINATION OF AVERAGE YIELD- In the case of soybeans and each
other oilseed, the Secretary shall determine the average yield for the
oilseed on a farm for the 1998 through 2001 crop years, excluding any crop
year in which the acreage planted to the oilseed was zero. If, for any of
these four crop years in which the oilseed was planted, the farm would have
satisfied the eligibility criteria established to carry out section 1102 of
the Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 1999 (Public Law 105-277; 7 U.S.C. 1421
note), the Secretary shall assign a yield for that year equal to 65 percent
of the county yield.
(2) ADJUSTMENT FOR PAYMENT YIELD- The payment yield for a farm for an
oilseed shall be equal to the product of the following:
(A) The average yield for the oilseed determined under paragraph
(1).
(B) The ratio resulting from dividing the national average yield for
the oilseed for the 1981 through 1985 crops by the national average yield
for the oilseed for the 1998 through 2001 crops.
SEC. 103. ESTABLISHMENT OF BASE ACRES AND PAYMENT ACRES FOR A FARM.
(a) ELECTION BY PRODUCERS OF BASE ACRE CALCULATION METHOD- For the purpose
of making fixed decoupled payments and counter-cyclical payments with respect
to a farm, the Secretary shall give producers on the farm an opportunity to
elect one of the following as the method by which the base acres of all
covered commodities on the farm are to be determined:
(1) The four-year average of acreage actually planted on the farm to a
covered commodity for harvest, grazing, haying, silage, or other similar
purposes during crop years 1998, 1999, 2000, and 2001 and any acreage on the
farm that the producers were prevented from planting during such crop years
to the covered commodity because of drought, flood, or other natural
disaster, or other condition beyond the control of the producer, as
determined by the Secretary.
(2) The sum of contract acreage (as defined in section 102 of the
Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7202)) used
by the Secretary to calculate the fiscal year 2002 payment that, subject to
section 109, would be made under section 114 of such Act (7 U.S.C. 7214) for
the covered commodity on the farm and the four-year average determined under
paragraph (1) for soybeans and each other oilseed produced on the
farm.
(b) SINGLE ELECTION; TIME FOR ELECTION- The opportunity to make the
election described in subsection (a) shall be available to producers on a farm
only once. The producers shall notify the Secretary of the election made by
the producers under such subsection not later than 180 days after the date of
the enactment of this Act.
(c) EFFECT OF FAILURE TO MAKE ELECTION- If the producers on a farm fail to
make the election under subsection (a), or fail to timely notify the Secretary
of the selected option as required by subsection (b), the producers shall be
deemed to have made the election described in subsection (a)(2) to determine
base acres for all covered commodities on the farm.
(d) APPLICATION OF ELECTION TO ALL COVERED COMMODITIES- The election made
under subsection (a) or deemed to be made under subsection (c) with respect to
a farm shall apply to all of the covered commodities on the farm. Producers
may not make the election described in subsection (a)(1) for one covered
commodity and the election described in subsection (a)(2) for other covered
commodities on the farm.
(e) TREATMENT OF CONSERVATION RESERVE CONTRACT ACREAGE-
(1) IN GENERAL- In the case of producers on a farm that make the
election described in subsection (a)(2), the Secretary shall provide for an
adjustment in the base acres for the farm whenever either of the following
circumstances occur:
(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.
(2) SPECIAL PAYMENT RULES- For the fiscal year and crop year in which a
base acre adjustment under paragraph (1) is first made, the producers on the
farm shall elect to receive either fixed decoupled payments and
counter-cyclical payments with respect to the acreage added to the farm
under this subsection or a prorated payment under the conservation reserve
contract, but not both.
(f) PAYMENT ACRES- The payment acres for a covered commodity on a farm
shall be equal to 85 percent of the base acres for the commodity.
(g) 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 quantity of
base acres for one or more covered commodities for the farm or peanut acres
for the farm as necessary so that the sum of the base acres and acreage
described in paragraph (2) does not exceed the actual cropland acreage of
the farm. The Secretary shall give the producers on the farm the opportunity
to select the base acres or peanut acres against which the reduction will be
made.
(2) OTHER ACREAGE- For purposes of paragraph (1), the Secretary shall
include the following:
(A) Any peanut acres for the farm under chapter 3 of subtitle
C.
(B) Any acreage on the farm enrolled in the conservation reserve
program or wetlands reserve program under chapter 1 of subtitle D of title
XII of the Food Security Act of 1985 (16 U.S.C. 3830 et seq.).
(C) Any other acreage on the farm enrolled in a conservation program
for which payments are made in exchange for not producing an agricultural
commodity on the acreage.
(3) 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.
SEC. 104. AVAILABILITY OF FIXED, DECOUPLED PAYMENTS.
(a) PAYMENT REQUIRED- For each of the 2002 through 2011 crop years of each
covered commodity, the Secretary shall make fixed, decoupled payments to
eligible producers.
(b) PAYMENT RATE- The payment rates used to make fixed, decoupled payments
with respect to covered commodities for a crop year are as follows:
(1) Wheat, $0.53 per bushel.
(2) Corn, $0.30 per bushel.
(3) Grain sorghum, $0.36 per bushel.
(4) Barley, $0.25 per bushel.
(5) Oats, $0.025 per bushel.
(6) Upland cotton, $0.0667 per pound.
(7) Rice, $2.35 per hundredweight.
(8) Soybeans, $0.42 per bushel.
(9) Other oilseeds, $0.0074 per pound.
(c) PAYMENT AMOUNT- The amount of the fixed, decoupled payment to be paid
to the eligible 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.
(1) GENERAL RULE- Fixed, decoupled payments shall be paid not later than
September 30 of each of fiscal years 2002 through 2011. In the case of the
2002 crop, payments may begin to be made on or after December 1, 2001.
(2) ADVANCE PAYMENTS- At the option of an eligible producer, 50 percent
of the fixed, decoupled payment for a fiscal year shall be paid on a date
selected by the producer. The selected date shall be on or after December 1
of that fiscal year, and the producer may change the selected date for a
subsequent fiscal year by providing advance notice to the Secretary.
(3) REPAYMENT OF ADVANCE PAYMENTS- If a producer that receives an
advance fixed, decoupled payment for a fiscal year ceases to be an eligible
producer before the date the fixed, decoupled payment would otherwise have
been made by the Secretary under paragraph (1), the producer shall be
responsible for repaying the Secretary the full amount of the advance
payment.
SEC. 105. AVAILABILITY OF COUNTER-CYCLICAL PAYMENTS.
(a) PAYMENT REQUIRED- The Secretary shall make counter-cyclical payments
with respect to a covered commodity whenever the Secretary determines that the
effective price for the commodity is less than the target price for the
commodity.
(b) EFFECTIVE PRICE- For purposes of subsection (a), the effective price
for a covered commodity is equal to the sum of the following:
(1) The higher of the following:
(A) The national average market price received by producers during the
12-month marketing year for the commodity, as determined by the
Secretary.
(B) The national average loan rate for a marketing assistance loan for
the covered commodity in effect for the same period under subtitle
B.
(2) The payment rate in effect for the covered commodity under section
104 for the purpose of making fixed, decoupled payments with respect to the
commodity.
(c) TARGET PRICE- For purposes of subsection (a), the target prices for
covered commodities are as follows:
(1) Wheat, $4.04 per bushel.
(2) Corn, $2.78 per bushel.
(3) Grain sorghum, $2.64 per bushel.
(4) Barley, $2.39 per bushel.
(5) Oats, $1.47 per bushel.
(6) Upland cotton, $0.736 per pound.
(7) Rice, $10.82 per hundredweight.
(8) Soybeans, $5.86 per bushel.
(9) Other oilseeds, $0.1036 per pound.
(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 commodity; and
(2) the effective price determined under subsection (b) for the
commodity.
(e) PAYMENT AMOUNT- The amount of the counter-cyclical payment to be paid
to the eligible 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 (d).
(2) The payment acres of the covered commodity on the farm.
(3) The payment yield for the covered commodity for the farm.
(1) GENERAL RULE- The Secretary shall make counter-cyclical payments
under this section for a crop of a covered commodity as soon as possible
after determining under subsection (a) that such payments are required for
that crop year.
(2) PARTIAL PAYMENT- The Secretary may permit, and, if so permitted, an
eligible producer may elect to receive, up to 40 percent of the projected
counter-cyclical payment, as determined by the Secretary, to be made under
this section for a crop of a covered commodity upon completion of the first
six months of the marketing year for that crop. The producer shall repay to
the Secretary the amount, if any, by which the partial payment exceeds the
actual counter-cyclical payment to be made for that marketing year.
(g) SPECIAL RULE FOR CURRENTLY UNDESIGNATED OILSEED- If the Secretary uses
the authority under section 100(8) to designate another oilseed as an oilseed
for which counter-cyclical payments may be made, the Secretary may modify the
target price specified in subsection (c)(9) that would otherwise apply to that
oilseed as the Secretary considers appropriate.
(h) SPECIAL RULE FOR BARLEY USED ONLY FOR FEED PURPOSES- For purposes of
calculating the effective price for barley under subsection (b), the Secretary
shall use the loan rate in effect for barley under section 122(b)(3), except,
in the case of producers who received the higher loan rate provided under such
section for barley used only for feed purposes, the Secretary shall use that
higher loan rate.
SEC. 106. PRODUCER AGREEMENT REQUIRED AS CONDITION ON PROVISION OF FIXED,
DECOUPLED PAYMENTS AND COUNTER-CYCLICAL PAYMENTS.
(a) COMPLIANCE WITH CERTAIN REQUIREMENTS-
(1) REQUIREMENTS- Before the producers on a farm may receive fixed,
decoupled payments or counter-cyclical payments with respect to the farm,
the producers shall agree, 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 the Act (16 U.S.C. 3821 et seq.);
(C) to comply with the planting flexibility requirements of section
107; and
(D) to use the land on the farm, in an amount equal to the base acres,
for an agricultural or conserving use, and not for a nonagricultural
commercial or industrial use, 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).
(b) EFFECT OF FORECLOSURE- A producer may not be required to make
repayments to the Secretary of fixed, decoupled payments and counter-cyclical
payments if the farm has been foreclosed on and the Secretary determines that
forgiving the repayments is appropriate to provide fair and equitable
treatment. This subsection shall not void the responsibilities of the producer
under subsection (a) if the producer continues or resumes operation, or
control, of the farm. On the resumption of operation or control over the farm
by the producer, the requirements of subsection (a) in effect on the date of
the foreclosure shall apply.
(c) TRANSFER OR CHANGE OF INTEREST IN FARM-
(1) TERMINATION- Except as provided in paragraph (4), a transfer of (or
change in) the interest of a producer in base acres for which fixed,
decoupled payments or counter-cyclical payments are made shall result in the
termination of the payments with respect to the base acres, unless the
transferee or owner of the acreage agrees to assume all obligations under
subsection (a). The termination shall be effective on the date of the
transfer or change.
(2) TRANSFER OF PAYMENT BASE- There is no restriction on the transfer of
a farm's base acres or payment yield as part of a change in the producers on
the farm.
(3) MODIFICATION- At the request of the transferee or owner, the
Secretary may modify the requirements of subsection (a) if the modifications
are consistent with the objectives of such subsection, as determined by the
Secretary.
(4) EXCEPTION- If a producer entitled to a fixed, decoupled payment or
counter-cyclical payment dies, becomes incompetent, or is otherwise unable
to receive the payment, the Secretary shall make the payment, in accordance
with regulations prescribed by the Secretary.
(1) IN GENERAL- As a condition on the receipt of any benefits under this
subtitle or subtitle B, the Secretary shall require producers to submit to
the Secretary acreage reports.
(2) CONFORMING AMENDMENT- Section 15 of the Agricultural Marketing Act
(12 U.S.C. 1141j) is amended by striking subsection (d).
(e) REVIEW- A determination of the Secretary under this section shall be
considered to be an adverse decision for purposes of the availability of
administrative review of the determination.
SEC. 107. PLANTING FLEXIBILITY.
(a) PERMITTED CROPS- Subject to subsection (b), any commodity or crop may
be planted on base acres on a farm.
(b) LIMITATIONS AND EXCEPTIONS REGARDING CERTAIN COMMODITIES-
(1) LIMITATIONS- The planting of the following agricultural commodities
shall be prohibited on base acres:
(B) Vegetables (other than lentils, mung beans, and dry
peas).
(2) EXCEPTIONS- Paragraph (1) shall not limit the planting of an
agricultural commodity specified in such paragraph--
(A) in any region in which there is a history of double-cropping of
covered commodities with agricultural commodities specified in paragraph
(1), as determined by the Secretary, in which case the double-cropping
shall be permitted;
(B) on a farm that the Secretary determines has a history of planting
agricultural commodities specified in paragraph (1) on base acres, except
that fixed, decoupled payments and counter-cyclical payments shall be
reduced by an acre for each acre planted to such an agricultural
commodity; or
(C) by a producer who the Secretary determines has an established
planting history of a specific agricultural commodity specified in
paragraph (1), except that--
(i) the quantity planted may not exceed the producer's average
annual planting history of such agricultural commodity in the 1991
through 1995 crop years (excluding any crop year in which no plantings
were made), as determined by the Secretary; and
(ii) fixed, decoupled payments and counter-cyclical payments shall
be reduced by an acre for each acre planted to such agricultural
commodity.
SEC. 108. RELATION TO REMAINING PAYMENT AUTHORITY UNDER PRODUCTION
FLEXIBILITY CONTRACTS.
(a) TERMINATION OF SUPERSEDED PAYMENT AUTHORITY- Notwithstanding section
113(a)(7) of the Federal Agriculture Improvement and Reform Act of 1996 (7
U.S.C. 7213(a)(7)) or any other provision of law, the Secretary shall not make
payments for fiscal year 2002 after the date of the enactment of this Act
under production flexibility contracts entered into under section 111 of such
Act (7 U.S.C. 7211).
(b) CONTRACT PAYMENTS MADE BEFORE ENACTMENT- If, on or before the date of
the enactment of this Act, a producer receives all or any portion of the
payment authorized for fiscal year 2002 under a production flexibility
contract, the Secretary shall reduce the amount of the fixed, decoupled
payment otherwise due the producer for that same fiscal year by the amount of
the fiscal year 2002 payment previously received by the producer.
SEC. 109. PAYMENT LIMITATIONS.
Sections 1001 through 1001C of the Food Security Act of 1985 (7 U.S.C.
1308 through 1308-3) shall apply to fixed, decoupled payments and
counter-cyclical payments.
SEC. 110. PERIOD OF EFFECTIVENESS.
This subtitle shall be effective beginning with the 2002 crop year of each
covered commodity through the 2011 crop year.
Subtitle B--Marketing Assistance Loans and Loan Deficiency
Payments
SEC. 121. AVAILABILITY OF NONRECOURSE MARKETING ASSISTANCE LOANS FOR COVERED
COMMODITIES.
(a) NONRECOURSE LOANS AVAILABLE-
(1) AVAILABILITY- For each of the 2002 through 2011 crops of each
covered commodity, the Secretary shall make available to producers on a farm
nonrecourse marketing assistance loans for covered commodities produced on
the farm. The loans shall be made under terms and conditions that are
prescribed by the Secretary and at the loan rate established under section
122 for the covered commodity.
(2) INCLUSION OF EXTRA LONG STAPLE COTTON- In this subtitle, the term
`covered commodity' includes extra long staple cotton.
(b) ELIGIBLE PRODUCTION- Any production of a covered commodity on a farm
shall be eligible for a marketing assistance loan under subsection (a).
(c) TREATMENT OF CERTAIN COMMINGLED COMMODITIES- In carrying out this
subtitle, the Secretary shall make loans to a producer that is otherwise
eligible to obtain a marketing assistance loan, but for the fact the covered
commodity owned by the producer is commingled with covered commodities of
other producers in facilities unlicensed for the storage of agricultural
commodities by the Secretary or a State licensing authority, if the producer
obtaining the loan agrees to immediately redeem the loan collateral in
accordance with section 166 of the Federal Agriculture Improvement and Reform
Act of 1996 (7 U.S.C. 7286).
(d) COMPLIANCE WITH CONSERVATION AND WETLANDS REQUIREMENTS- As a condition
of the receipt of a marketing assistance loan under subsection (a), 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
the Act (16 U.S.C. 3821 et seq.) during the term of the loan.
(e) DEFINITION OF EXTRA LONG STAPLE COTTON- In this subtitle, the term
`extra long staple cotton' means cotton that--
(1) is produced from pure strain varieties of the Barbadense species or
any hybrid thereof, 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
(2) is ginned on a roller-type gin or, if authorized by the Secretary,
ginned on another type gin for experimental purposes.
(f) TERMINATION OF SUPERSEDED LOAN AUTHORITY- Notwithstanding section 131
of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7231),
nonrecourse marketing assistance loans shall not be made for the 2002 crop of
covered commodities under subtitle C of title I of such Act.
SEC. 122. LOAN RATES FOR NONRECOURSE MARKETING ASSISTANCE LOANS.
(1) LOAN RATE- Subject to paragraph (2), the loan rate for a marketing
assistance loan under section 121 for wheat shall be--
(A) not less than 85 percent of the simple average price received by
producers of wheat, as determined by the Secretary, during the marketing
years for the immediately preceding five crops of wheat, excluding the
year in which the average price was the highest and the year in which the
average price was the lowest in the period; but
(B) not more than $2.58 per bushel.
(2) STOCKS TO USE RATIO ADJUSTMENT- If the Secretary estimates for any
marketing year that the ratio of ending stocks of wheat to total use for the
marketing year will be--
(A) equal to or greater than 30 percent, the Secretary may reduce the
loan rate for wheat for the corresponding crop by an amount not to exceed
10 percent in any year;
(B) less than 30 percent but not less than 15 percent, the Secretary
may reduce the loan rate for wheat for the corresponding crop by an amount
not to exceed 5 percent in any year; or
(C) less than 15 percent, the Secretary may not reduce the loan rate
for wheat for the corresponding crop.
(1) LOAN RATE FOR CORN AND GRAIN SORGHUM- Subject to paragraph (2), the
loan rate for a marketing assistance loan under section 121 for corn and
grain sorghum shall be--
(A) not less than 85 percent of the simple average price received by
producers of corn or grain sorghum, respectively, as determined by the
Secretary, during the marketing years for the immediately preceding five
crops of the covered commodity, excluding the year in which the average
price was the highest and the year in which the average price was the
lowest in the period; but
(B) not more than $1.89 per bushel.
(2) STOCKS TO USE RATIO ADJUSTMENT- If the Secretary estimates for any
marketing year that the ratio of ending stocks of corn or grain sorghum to
total use for the marketing year will be--
(A) equal to or greater than 25 percent, the Secretary may reduce the
loan rate for the covered commodity for the corresponding crop by an
amount not to exceed 10 percent in any year;
(B) less than 25 percent but not less than 12.5 percent, the Secretary
may reduce the loan rate for the covered commodity for the corresponding
crop by an amount not to exceed 5 percent in any year; or
(C) less than 12.5 percent, the Secretary may not reduce the loan rate
for the covered commodity for the corresponding crop.
(3) OTHER FEED GRAINS- The loan rate for a marketing assistance loan
under section 121 for barley and oats shall be--
(A) established at such level as the Secretary determines is fair and
reasonable in relation to the rate that loans are made available for corn,
taking into consideration the feeding value of the commodity in relation
to corn; but
(i) $1.65 per bushel for barley, except not more than $1.70 per
bushel for barley used only for feed purposes, as determined by the
Secretary; and
(ii) $1.21 per bushel for oats.
(1) LOAN RATE- Subject to paragraph (2), the loan rate for a marketing
assistance loan under section 121 for upland cotton shall be established by
the Secretary at such loan rate, per pound, as will reflect for the base
quality of upland cotton, as determined by the Secretary, at average
locations in the United States a rate that is not less than the smaller
of--
(A) 85 percent of the average price (weighted by market and month) of
the base quality of cotton as quoted in the designated United States spot
markets during 3 years of the 5-year period ending July 31 of the year
preceding the year in which the crop is planted, excluding the year in
which the average price was the highest and the year in which the average
price was the lowest in the period; or
(B) 90 percent of the average, for the 15-week period beginning July 1
of the year preceding the year in which the crop is planted, of the five
lowest-priced growths of the growths quoted for Middling 1 3/32 -inch
cotton C.I.F. Northern Europe (adjusted downward by the average difference
during the period April 15 through October 15 of the year preceding the
year in which the crop is planted between the average Northern European
price quotation of such quality of cotton and the market quotations in the
designated United States spot markets for the base quality of upland
cotton), as determined by the Secretary.
(2) LIMITATIONS- The loan rate for a marketing assistance loan for
upland cotton shall not be less than $0.50 per pound or more than $0.5192
per pound.
(d) EXTRA LONG STAPLE COTTON- The loan rate for a marketing assistance
loan under section 121 for extra long staple cotton shall be $0.7965 per
pound.
(e) RICE- The loan rate for a marketing assistance loan under section 121
for rice shall be $6.50 per hundredweight.
(1) SOYBEANS- The loan rate for a marketing assistance loan under
section 121 for soybeans shall be--
(A) not less than 85 percent of the simple average price received by
producers of soybeans, as determined by the Secretary, during the
marketing years for the immediately preceding five crops of soybeans,
excluding the year in which the average price was the highest and the year
in which the average price was the lowest in the period; but
(B) not more than $4.92 per bushel.
(2) OTHER OILSEEDS- The loan rate for a marketing assistance loan under
section 121 for other oilseeds shall be--
(A) not less than 85 percent of the simple average price received by
producers of the other oilseed, as determined by the Secretary, during the
marketing years for the immediately preceding five crops of the other
oilseed, excluding the year in which the average price was the highest and
the year in which the average price was the lowest in the period;
but
(B) not more than $0.087 per pound.
SEC. 123. TERM OF LOANS.
(a) TERM OF LOAN- In the case of each covered commodity (other than upland
cotton or extra long staple cotton), a marketing assistance loan under section
121 shall have a term of nine months beginning on the first day of the first
month after the month in which the loan is made.
(b) SPECIAL RULE FOR COTTON- A marketing assistance loan for upland cotton
or extra long staple cotton shall have a term of 10 months beginning on the
first day of the month in which the loan is made.
(c) EXTENSIONS PROHIBITED- The Secretary may not extend the term of a
marketing assistance loan for any covered commodity.
SEC. 124. REPAYMENT OF LOANS.
(a) REPAYMENT RATES FOR WHEAT, FEED GRAINS, AND OILSEEDS- The Secretary
shall permit a producer to repay a marketing assistance loan under section 121
for wheat, corn, grain sorghum, barley, oats, and oilseeds at a rate that is
the lesser of--
(1) the loan rate established for the commodity under section 122, plus
interest (as determined by the Secretary); or
(2) a rate 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; and
(D) allow the commodity produced in the United States to be marketed
freely and competitively, both domestically and internationally.
(b) REPAYMENT RATES FOR UPLAND COTTON AND RICE- The Secretary shall permit
producers to repay a marketing assistance loan under section 121 for upland
cotton and rice at a rate that is the lesser of--
(1) the loan rate established for the commodity under section 122, plus
interest (as determined by the Secretary); or
(2) the prevailing world market price for the commodity (adjusted to
United States quality and location), as determined by the Secretary.
(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 122, plus interest (as determined
by the Secretary).
(d) PREVAILING WORLD MARKET PRICE- For purposes of this section and
section 127, the Secretary shall prescribe by regulation--
(1) a formula to determine the prevailing world market price for each
covered commodity, adjusted to United States quality and location; and
(2) a mechanism by which the Secretary shall announce periodically the
prevailing world market price for each covered commodity.
(e) ADJUSTMENT OF PREVAILING WORLD MARKET PRICE FOR UPLAND COTTON-
(1) IN GENERAL- During the period beginning on the date of the enactment
of this Act and ending July 31, 2012, the prevailing world market price for
upland cotton (adjusted to United States quality and location) established
under subsection (d) shall be further adjusted if--
(A) the adjusted prevailing world market price is less than 115
percent of the loan rate for upland cotton established under section 122,
as determined by the Secretary; and
(B) 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 C.I.F. Northern Europe is greater than the Friday through
Thursday average price of the 5 lowest-priced growths of upland cotton, as
quoted for Middling (M) 1 3/32 -inch cotton, delivered C.I.F. Northern
Europe (referred to in this section as the `Northern Europe
price').
(2) FURTHER ADJUSTMENT- Except as provided in paragraph (3), the
adjusted prevailing world market price for upland cotton shall be further
adjusted on the basis of some or all of the following data, as
available:
(A) The United States share of world exports.
(B) The current level of cotton export sales and cotton export
shipments.
(C) Other data determined by the Secretary to be relevant in
establishing an accurate prevailing world market price for upland cotton
(adjusted to United States quality and location).
(3) LIMITATION ON FURTHER ADJUSTMENT- The adjustment under paragraph (2)
may not exceed the difference between--
(A) the Friday through Thursday average price for the lowest-priced
United States growth as quoted for Middling 1 3/32 -inch cotton delivered
C.I.F. Northern Europe; and
(B) the Northern Europe price.
(f) TIME FOR FIXING REPAYMENT RATE- In the case of a producer that
marketed or otherwise lost beneficial interest in a covered commodity before
repaying the marketing assistance loan made under section 121 with respect to
the commodity, the Secretary shall permit the producer to repay the loan at
the lowest repayment rate that was in effect for that covered commodity under
this section as of the date that the producer lost beneficial interest, as
determined by the Secretary.
SEC. 125. LOAN DEFICIENCY PAYMENTS.
(a) AVAILABILITY OF LOAN DEFICIENCY PAYMENTS- Except as provided in
subsection (d), the Secretary may make loan deficiency payments available to
producers who, although eligible to obtain a marketing assistance loan under
section 121 with respect to a covered commodity, agree to forgo obtaining the
loan for the commodity in return for payments under this section.
(b) COMPUTATION- A loan deficiency payment under this section shall be
computed by multiplying--
(1) the loan payment rate determined under subsection (c) for the
covered commodity; by
(2) the quantity of the covered commodity produced by the eligible
producers, excluding any quantity for which the producers obtain a loan
under section 121.
(c) LOAN PAYMENT RATE- For purposes of this section, the loan payment rate
shall be the amount by which--
(1) the loan rate established under section 122 for the covered
commodity; exceeds
(2) the rate at which a loan for the commodity may be repaid under
section 124.
(d) EXCEPTION FOR EXTRA LONG STAPLE COTTON- This section shall not apply
with respect to extra long staple cotton.
(e) TIME FOR PAYMENT- The Secretary shall make a payment under this
section to a producer with respect to a quantity of a covered commodity as of
the earlier of the following:
(1) The date on which the producer marketed or otherwise lost beneficial
interest in the commodity, as determined by the Secretary.
(2) The date the producer requests the payment.
(f) CONTINUATION OF SPECIAL LDP RULE FOR 2001 CROP YEAR- Section 135(a)(2)
of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
7235(a)(2)) is amended by striking `2000 crop year' and inserting `2000 and
2001 crop years'.
SEC. 126. PAYMENTS IN LIEU OF LOAN DEFICIENCY PAYMENTS FOR GRAZED
ACREAGE.
(a) ELIGIBLE PRODUCERS- Effective for the 2002 through 2011 crop years, in
the case of a producer that would be eligible for a loan deficiency payment
under section 125 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.
(b) PAYMENT AMOUNT- The amount of a payment made to a producer on a farm
under this section shall be equal to the amount determined by multiplying--
(1) the loan deficiency payment rate determined under section 125(c) in
effect, as of the date of the agreement, for the county in which the farm is
located; by
(2) the payment quantity determined by multiplying--
(A) 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
(B) the payment yield for that covered commodity on the farm.
(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 125.
(2) AVAILABILITY- The Secretary shall establish an availability period
for the payment authorized by this section that is consistent with the
availability period for wheat, barley, and oats established by the Secretary
for marketing assistance loans authorized by this subtitle.
(d) PROHIBITION ON CROP INSURANCE OR NONINSURED CROP ASSISTANCE- A 2002
through 2011 crop of wheat, barley, or oats 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 insurance 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. 127. SPECIAL MARKETING LOAN PROVISIONS FOR UPLAND COTTON.
(a) Cotton User Marketing Certificates-
(1) ISSUANCE- During the period beginning on the date of the enactment
of this Act and ending July 31, 2012, the Secretary shall issue marketing
certificates or cash payments, at the option of the recipient, to domestic
users and exporters for documented purchases by domestic users and sales for
export by exporters made in the week following a consecutive four-week
period in which--
(A) 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 C.I.F. Northern Europe exceeds the Northern Europe
price; and
(B) the prevailing world market price for upland cotton (adjusted to
United States quality and location) does not exceed 134 percent of the
loan rate for upland cotton established under section 122.
(2) VALUE OF CERTIFICATES OR PAYMENTS- The value of the marketing
certificates or cash payments shall be based on the amount of the difference
in the prices during the fourth week of the consecutive four-week period
multiplied by the quantity of upland cotton included in the documented
sales.
(3) ADMINISTRATION OF MARKETING CERTIFICATES-
(A) REDEMPTION, MARKETING, OR EXCHANGE- The Secretary shall establish
procedures for redeeming marketing certificates for cash or marketing or
exchange of the certificates for agricultural commodities owned by the
Commodity Credit Corporation or pledged to the Commodity Credit
Corporation as collateral for a loan in such manner, and at such price
levels, as the Secretary determines will best effectuate the purposes of
cotton user marketing certificates, including enhancing the
competitiveness and marketability of United States cotton. Any price
restrictions that would otherwise apply to the disposition of agricultural
commodities by the Commodity Credit Corporation shall not apply to the
redemption of certificates under this subsection.
(B) DESIGNATION OF COMMODITIES AND PRODUCTS- To the extent
practicable, the Secretary shall permit owners of certificates to
designate the commodities and products, including storage sites, the
owners would prefer to receive in exchange for certificates.
(C) TRANSFERS- Marketing certificates issued to domestic users and
exporters of upland cotton may be transferred to other persons in
accordance with regulations issued by the Secretary.
(b) Special Import Quota-
(A) IN GENERAL- The President shall carry out an import quota program
during the period beginning on the date of the enactment of this Act and
ending July 31, 2012, as provided in this subsection.
(B) PROGRAM REQUIREMENTS- Except as provided in subparagraph (C),
whenever the Secretary determines and announces that for any consecutive
four-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 C.I.F. Northern Europe, adjusted for the value of any
certificate issued under subsection (a), exceeds the Northern Europe price there
shall immediately be in effect a special import quota.
(C) TIGHT DOMESTIC SUPPLY- During any month for which the Secretary
estimates the season-ending United States upland cotton stocks-to-use
ratio, as determined under subparagraph (D), to be below 16 percent, the
Secretary, in making the determination under subparagraph (B), shall not
adjust 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 C.I.F. Northern Europe, for the value of any
certificates issued under subsection (a).
(D) SEASON-ENDING UNITED STATES STOCKS-TO-USE RATIO- For the purposes
of making estimates under subparagraph (C), the Secretary shall, on a
monthly basis, estimate and report the season-ending United States upland
cotton stocks-to-use ratio, excluding projected raw cotton imports but
including the quantity of raw cotton that has been imported into the
United States during the marketing year.
(2) QUANTITY- The quota shall be equal to one week's consumption of
upland cotton by domestic mills at the seasonally adjusted average rate of
the most recent three months for which data are available.
(3) APPLICATION- The quota shall apply to upland cotton purchased not
later than 90 days after the date of the Secretary's announcement under
paragraph (1) and entered into the United States not later than 180 days
after the date.
(4) OVERLAP- A special quota period may be established that overlaps any
existing quota period if required by paragraph (1), except that a special
quota period may not be established under this subsection if a quota period
has been established under subsection (c).
(5) 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.
(6) DEFINITION- 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.
(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 five week's consumption of
upland cotton by domestic mills at the seasonally adjusted average rate of
the three months immediately preceding the first special import quota
established in any marketing year.
(c) LIMITED GLOBAL IMPORT QUOTA FOR UPLAND COTTON-
(1) IN GENERAL- 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 such 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 three months for which data are
available.
(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) DEFINITIONS- In this subsection:
(i) SUPPLY- The term `supply' means, using the latest official data
of the Bureau of the Census, the Department of Agriculture, and the
Department of the Treasury--
(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.
(ii) DEMAND- The term `demand' means--
(I) the average seasonally adjusted annual rate of domestic mill
consumption during the most recent three months for which data are
available; and
(aa) average exports of upland cotton during the preceding six
marketing years; or
(bb) cumulative exports of upland cotton plus outstanding export
sales for the marketing year in which the quota is established.
(iii) 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.
(E) 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.
(2) NO OVERLAP- Notwithstanding paragraph (1), a quota period may not be
established that overlaps an existing quota period or a special quota period
established under subsection (b).
SEC. 128. 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 the enactment of this Act and
ending on July 31, 2012, the Secretary shall carry out a program to maintain
and expand the domestic use of extra long staple cotton produced in the United
States, to increase exports of extra long staple cotton produced in the United
States, and 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 four-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 who 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 four-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 four-week period.
(e) FORM OF PAYMENT- Payments under this section shall be made through the
issuance of cash or marketing certificates, at the option of eligible
recipients of the payments.
SEC. 129. AVAILABILITY OF RECOURSE LOANS FOR HIGH MOISTURE FEED GRAINS AND
SEED COTTON AND OTHER FIBERS.
(a) HIGH MOISTURE FEED GRAINS-
(1) RECOURSE LOANS AVAILABLE- For each of the 2002 through 2011 crops of
corn and grain sorghum, the Secretary shall make available recourse loans,
as determined by the Secretary, to producers on a farm who--
(A) normally harvest all or a portion of their crop of corn or grain
sorghum in a high moisture state;
(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 they 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.
(2) 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 producer's farm; by
(B) the lower of the farm program payment yield 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.
(3) HIGH MOISTURE STATE DEFINED- 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 121.
(b) RECOURSE LOANS AVAILABLE FOR SEED COTTON- For each of the 2002 through
2011 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 (as determined by the Secretary).
(d) TERMINATION OF SUPERSEDED LOAN AUTHORITY- Notwithstanding section 137
of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7237),
recourse loans shall not be made for the 2002 crop of corn, grain sorghum, and
seed cotton under such section.
SEC. 130. AVAILABILITY OF NONRECOURSE MARKETING ASSISTANCE LOANS FOR WOOL
AND MOHAIR.
(a) NONRECOURSE LOANS AVAILABLE- During the 2002 through 2011 marketing
years for wool and mohair, the Secretary shall make available to producers on
a farm nonrecourse marketing assistance loans for wool and mohair produced on
the farm during that marketing year.
(b) LOAN RATE- The loan rate for a loan under subsection (a) shall be not
more than--
(1) $1.00 per pound for graded wool;
(2) $0.40 per pound for nongraded wool; and
(3) $4.20 per pound for mohair.
(c) TERM OF LOAN- A loan under subsection (a) shall have a term of 1 year
beginning on the first day of the first month after the month in which the
loan is made.
(d) REPAYMENT RATES- The Secretary shall permit a producer to repay a
marketing assistance loan under subsection (a) for wool or mohair at a rate
that is the lesser of--
(1) the loan rate established for the commodity under subsection (b),
plus interest (as determined by the Secretary); or
(2) a rate 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; and
(D) allow the commodity produced in the United States to be marketed
freely and competitively, both domestically and internationally.
(e) LOAN DEFICIENCY PAYMENTS-
(1) AVAILABILITY- The Secretary may make loan deficiency payments
available to producers that, although eligible to obtain a marketing
assistance loan under this section, agree to
forgo obtaining the loan in return for payments under this subsection.
(2) COMPUTATION- A loan deficiency payment under this subsection shall
be computed by multiplying--
(A) the loan payment rate in effect under paragraph (3) for the
commodity; by
(B) the quantity of the commodity produced by the eligible producers,
excluding any quantity for which the producers obtain a loan under this
subsection.
(3) LOAN PAYMENT RATE- For purposes of this subsection, the loan payment
rate for wool or mohair shall be the amount by which--
(A) the loan rate in effect for the commodity under subsection (b);
exceeds
(B) the rate at which a loan for the commodity may be repaid under
subsection (d).
(4) TIME FOR PAYMENT- The Secretary shall make a payment under this
subsection to a producer with respect to a quantity of a wool or mohair as
of the earlier of the following:
(A) The date on which the producer marketed or otherwise lost
beneficial interest in the wool or mohair, as determined by the
Secretary.
(B) The date the producer requests the payment.
(f) LIMITATIONS- The marketing assistance loan gains and loan deficiency
payments that a person may receive for wool and mohair under this section
shall be subject to a separate payment limitation, but in the same dollar
amount, as the payment limitation that applies to marketing assistance loans
and loan deficiency payments received by producers of other agricultural
commodities in the same marketing year.
SEC. 131. AVAILABILITY OF NONRECOURSE MARKETING ASSISTANCE LOANS FOR
HONEY.
(a) NONRECOURSE LOANS AVAILABLE- During the 2002 through 2011 crop years
for honey, the Secretary shall make available to producers on a farm
nonrecourse marketing assistance loans for honey produced on the farm during
that crop year.
(b) LOAN RATE- The loan rate for a marketing assistance loan for honey
under subsection (a) shall be equal to $0.60 cents per pound.
(c) TERM OF LOAN- A marketing assistance loan under subsection (a) shall
have a term of 1 year beginning on the first day of the first month after the
month in which the loan is made.
(d) REPAYMENT RATES- The Secretary shall permit a producer to repay a
marketing assistance loan for honey under subsection (a) at a rate that is the
lesser of--
(1) the loan rate for honey, plus interest (as determined by the
Secretary); or
(2) the prevailing domestic market price for honey, as determined by the
Secretary.
(e) LOAN DEFICIENCY PAYMENTS-
(1) AVAILABILITY- The Secretary may make loan deficiency payments
available to any producer of honey that, although eligible to obtain a
marketing assistance loan under subsection (a), agrees to forgo obtaining
the loan in return for a payment under this subsection.
(2) COMPUTATION- A loan deficiency payment under this subsection shall
be determined by multiplying--
(A) the loan payment rate determined under paragraph (3); by
(B) the quantity of honey that the producer is eligible to place under
loan, but for which the producer forgoes obtaining the loan in return for
a payment under this subsection.
(3) LOAN PAYMENT RATE- For the purposes of this subsection, the loan
payment rate shall be the amount by which--
(A) the loan rate established under subsection (b); exceeds
(B) the rate at which a loan may be repaid under subsection
(d).
(4) TIME FOR PAYMENT- The Secretary shall make a payment under this
subsection to a producer with respect to a quantity of a honey as of the
earlier of the following:
(A) The date on which the producer marketed or otherwise lost
beneficial interest in the honey, as determined by the Secretary.
(B) The date the producer requests the payment.
(f) LIMITATIONS- The marketing assistance loan gains and loan deficiency
payments that a person may receive for a crop of honey under this section
shall be subject to a separate payment limitation, but in the same dollar
amount, as the payment limitation that applies to marketing assistance loans
and loan deficiency payments received by producers of other agricultural
commodities in the same crop year.
(g) PREVENTION OF FORFEITURES- The Secretary shall carry out this section
in such a manner as to minimize forfeitures of honey marketing assistance
loans.
SEC. 132. PRODUCER RETENTION OF ERRONEOUSLY PAID LOAN DEFICIENCY PAYMENTS
AND MARKETING LOAN GAINS.
Notwithstanding any other provision of law, the Secretary of Agriculture
and the Commodity Credit Corporation shall not require producers in Erie
County, Pennsylvania, to repay loan deficiency payments and marketing loan
gains erroneously paid or determined to have been earned by the Commodity
Credit Corporation for certain 1998 and 1999 crops under subtitle C of title I
of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7231
et seq.). In the case of a producer who has already made the repayment on or
before the date of the enactment of this Act, the Commodity Credit Corporation
shall reimburse the producer for the full amount of the repayment.
Subtitle C--Other Commodities
CHAPTER 1--DAIRY
SEC. 141. MILK PRICE SUPPORT PROGRAM.
(a) SUPPORT ACTIVITIES- During the period beginning on January 1, 2002,
and ending on December 31, 2011, the Secretary of Agriculture shall support
the price of milk produced in the 48 contiguous States through the purchase of
cheese, butter, and nonfat dry milk produced from the milk.
(b) RATE- During the period specified in subsection (a), the price of milk
shall be supported at a rate equal to $9.90 per hundredweight for milk
containing 3.67 percent butterfat.
(c) PURCHASE PRICES- The support purchase prices under this section for
each of the products of milk (butter, cheese, and nonfat dry milk) announced
by the Secretary shall be the same for all of that product sold by persons
offering to sell the product to the Secretary. The purchase prices shall be
sufficient to enable plants of average efficiency to pay producers, on
average, a price that is not less than the rate of price support for milk in
effect under subsection (b).
(d) SPECIAL RULE FOR BUTTER AND NONFAT DRY MILK PURCHASE PRICES-
(1) ALLOCATION OF PURCHASE PRICES- The Secretary may allocate the rate
of price support between the purchase prices for nonfat dry milk and butter
in a manner that will result in the lowest level of expenditures by the
Commodity Credit Corporation or achieve such other objectives as the
Secretary considers appropriate. Not later than 10 days after making or
changing an allocation, 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 allocation.
Section 553 of title 5, United States Code, shall not apply with respect to
the implementation of this section.
(2) TIMING OF PURCHASE PRICE ADJUSTMENTS- The Secretary may make any
such adjustments in the purchase prices for nonfat dry milk and butter the
Secretary considers to be necessary not more than twice in each calendar
year.
(e) COMMODITY CREDIT CORPORATION- The Secretary shall carry out the
program authorized by this section through the Commodity Credit
Corporation.
SEC. 142. REPEAL OF RECOURSE LOAN PROGRAM FOR PROCESSORS.
Section 142 of the Federal Agriculture Improvement and Reform Act of 1996
(7 U.S.C. 7252) is repealed.
SEC. 143. EXTENSION OF DAIRY EXPORT INCENTIVE AND DAIRY INDEMNITY
PROGRAMS.
(a) DAIRY EXPORT INCENTIVE PROGRAM- Section 153(a) of the Food Security
Act of 1985 (15 U.S.C. 713a-14(a)) is amended by striking `2002' and inserting
`2011'.
(b) DAIRY INDEMNITY PROGRAM- Section 3 of Public Law 90-484 (7 U.S.C.
450l) is amended by striking `1995' and inserting `2011'.
SEC. 144. FLUID MILK PROMOTION.
(a) DEFINITION OF FLUID MILK PRODUCT- Section 1999C of the Fluid Milk
Promotion Act of 1990 (7 U.S.C. 6402) is amended by striking paragraph (3) and
inserting the following new paragraph:
`(3) FLUID MILK PRODUCT- The term `fluid milk product' has the meaning
given such term--
`(A) in section 1000.15 of title 7, Code of Federal Regulations,
subject to such amendments as may be made from time to time; or
`(B) in any successor regulation providing a definition of such term
that is promulgated pursuant to the Agricultural Adjustment Act (7 U.S.C.
601 et seq.), reenacted with amendments by the Agricultural Marketing
Agreement Act of 1937.'.
(b) DEFINITION OF FLUID MILK PROCESSOR- Section 1999C(4) of the Fluid Milk
Promotion Act of 1990 (7 U.S.C. 6402(4)) is amended by striking `500,000' and
inserting `3,000,000'.
(c) ELIMINATION OF ORDER TERMINATION DATE- Section 1999O of the Fluid Milk
Promotion Act of 1990 (7 U.S.C. 6414) is amended--
(1) by striking subsection (a); and
(2) by redesignating subsections (b) and (c) as subsections (a) and (b),
respectively.
SEC. 145. DAIRY PRODUCT MANDATORY REPORTING.
Section 273(b)(1)(B) of the Agricultural Marketing Act of 1946 (7 U.S.C.
1637b(b)(1)(B)) is amended--
(1) by inserting `and substantially identical products designated by the
Secretary' after `dairy products' the first place it appears; and
(2) by inserting `and such substantially identical products' after
`dairy products' the second place it appears.
SEC. 146. STUDY OF NATIONAL DAIRY POLICY.
(a) STUDY REQUIRED- Not later than April 30, 2002, the Secretary of
Agriculture shall submit to Congress a comprehensive economic evaluation of
the potential direct and indirect effects of the various elements of the
national dairy policy, including an examination of the effect of the national
dairy policy on--
(1) farm price stability, farm profitability and viability, and local
rural economies in the United States;
(2) child, senior, and low-income nutrition programs, including impacts
on schools and institutions participating in the programs, on program
recipients, and other factors; and
(3) the wholesale and retail cost of fluid milk, dairy farms, and milk
utilization.
(b) NATIONAL DAIRY POLICY DEFINED- In this section, the term `national
dairy policy' means the dairy policy of the United States as evidenced by the
following policies and programs:
(1) Federal Milk Marketing Orders.
(2) Interstate dairy compacts (including proposed compacts described in
H.R. 1827 and S. 1157, as introduced in the 107th Congress).
(3) Over-order premiums and State pricing programs.
(4) Direct payments to milk producers.
(5) Federal milk price support program.
(6) Export programs regarding milk and dairy products, such as the Dairy
Export Incentive Program.
CHAPTER 2--SUGAR
SEC. 151. SUGAR PROGRAM.
(a) CONTINUATION OF PROGRAM- Subsection (i) of section 156 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7251) is amended--
(1) by striking `(other than subsection (f))'; and
(2) by striking `2002 crops' and inserting `2011 crops'.
(b) TERMINATION OF MARKETING ASSESSMENT AND FORFEITURE PENALTY- Effective
as of October 1, 2001, subsections (f) and (g) of such section are
repealed.
(c) LOAN RATE ADJUSTMENTS- Subsection (c) of such section is amended--
(1) by striking `REDUCTION IN LOAN RATES' and inserting `LOAN RATE
ADJUSTMENTS'; and
(A) by striking `REDUCTION REQUIRED' and inserting `POSSIBLE
REDUCTION'; and
(B) by striking `shall' and inserting `may'.
(d) NOTIFICATION- Subsection (e) of such section is amended by adding at
the end the following new paragraph:
`(3) PREVENTION OF ONEROUS NOTIFICATION REQUIREMENTS- The Secretary may
not impose or enforce any prenotification or similar administrative
requirement that has the effect of preventing a processor from choosing to
forfeit the loan collateral upon the maturity of the loan.'.
(e) IN PROCESS SUGAR- Such section is further amended by inserting after
subsection (e) the following new subsection (f):
`(f) LOANS FOR IN-PROCESS SUGAR-
`(1) AVAILABILITY; RATE- The Secretary shall make nonrecourse loans
available to processors of domestically grown sugarcane and sugar beets for
in-process sugars and syrups derived from such crops. The loan rate shall be
equal to 80 percent of the loan rate applicable to raw cane sugar or refined
beet sugar, depending on the source material for the in-process sugars and
syrups.
`(2) FURTHER PROCESSING UPON FORFEITURE- As a condition on the
forfeiture of in-process sugars and syrups serving as collateral for a loan
under paragraph (1), the processor shall, within such reasonable time period
as the Secretary may prescribe and at no cost to the Commodity Credit
Corporation, convert the in-process sugars and syrups into raw cane sugar or
refined beet sugar of acceptable grade and quality for sugars eligible for
loans under subsection (a) or (b). Once the in-process sugars and syrups are
fully processed into raw cane sugar or refined beet sugar, the processor
shall transfer the sugar to the Corporation, which shall make a payment to
the processor in an amount equal to the difference between the loan rate for
raw cane sugar or refined beet sugar, whichever applies, and the loan rate
the processor received under paragraph (1).
`(3) LOAN CONVERSION- If the processor does not forfeit the collateral
as described in paragraph (2), but instead further processes the in-process
sugars and syrups into raw cane sugar or refined beet
sugar and repays the loan on the in-process sugars and syrups, the processor
may then obtain a loan under subsection (a) or (b) on the raw cane sugar or
refined beet sugar, as appropriate.
`(4) DEFINITION- In this subsection the term `in-process sugars and
syrups' does not include raw sugar, liquid sugar, invert sugar, invert
syrup, or other finished products that are otherwise eligible for loans
under subsection (a) or (b).'.
(f) ADMINISTRATION OF PROGRAM- Such section is further amended by adding
at the end the following new subsection:
`(j) AVOIDING FORFEITURES; CORPORATION INVENTORY DISPOSITION-
`(1) NO COST- To the maximum extent practicable, the Secretary shall
operate the sugar program established under this section at no cost to the
Federal Government by avoiding the forfeiture of sugar to the Commodity
Credit Corporation.
`(2) INVENTORY DISPOSITION- In support of the objective specified in
paragraph (1), the Commodity Credit Corporation may accept bids for
commodities in the inventory of the Corporation from (or otherwise make
available such commodities, on appropriate terms and conditions, to)
processors of sugarcane and processors of sugar beets (when the processors
are acting in conjunction with the producers of the sugarcane or sugar beets
processed by such processors) in return for the reduction of production of
raw cane sugar or refined beet sugar, as appropriate. The authority provided
under this paragraph is in addition to any authority of the Corporation
under any other law.'.
(g) INFORMATION REPORTING- Subsection (h) of such section is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs (4) and (5),
respectively;
(2) by inserting after paragraph (1) the following new paragraphs:
`(2) DUTY OF PRODUCERS TO REPORT-
`(A) PROPORTIONATE SHARE STATES- The Secretary shall require a
producer of sugarcane located in a State (other than Puerto Rico) in which
there are in excess of 250 sugarcane producers to report, in the manner
prescribed by the Secretary, the producer's sugarcane yields and acres
planted to sugarcane.
`(B) OTHER STATES- The Secretary may require producers of sugarcane or
sugar beets not covered by paragraph (1) to report, in the manner
prescribed by the Secretary, each producer's sugarcane or sugar beet
yields and acres planted to sugarcane or sugar beets,
respectively.
`(3) DUTY OF IMPORTERS TO REPORT- The Secretary shall require an
importer of sugars, syrups or molasses to be used for human consumption or
to be used for the extraction of sugar for human consumption, except such
sugars, syrups, or molasses that are within the quantities of tariff-rate
quotas that are at the lower rate of duties, to report, in the manner
prescribed by the Secretary, the quantities of such products imported and
the sugar content or equivalent of such products.'; and
(3) in paragraph (5), as so redesignated, by striking `paragraph (1)'
and inserting `this subsection'.
(h) INTEREST RATE- Section 163 of the Federal Agriculture Improvement and
Reform Act of 1996 (7 U.S.C. 7283) is amended by adding at the end the
following new sentence: `For purposes of this section, raw cane sugar, refined
beet sugar, and in process sugar eligible for a loan under section 156 shall
not be considered an agricultural commodity.'.
SEC. 152. REAUTHORIZE PROVISIONS OF AGRICULTURAL ADJUSTMENT ACT OF 1938
REGARDING SUGAR.
(a) INFORMATION REPORTING- Section 359a of the Agricultural Adjustment Act
of 1938 (7 U.S.C. 1359aa) is repealed.
(b) ESTIMATES- Section 359b of the Agricultural Adjustment Act of 1938 (7
U.S.C. 1359bb) is amended:
(1) in the section heading--
(A) by inserting `flexible' before `marketing'; and
(B) by striking `and crystalline fructose';
(i) by striking `Before' and inserting `Not later than August 1
before';
(ii) by striking `1992 through 1998' and inserting `2002 through
2011';
(iii) in subparagraph (A), by striking `(other than sugar' and all
that follows through `stocks';
(iv) by redesignating subparagraphs (B) and (C) as subparagraphs (C)
and (E), respectively;
(v) by inserting after subparagraph (A) the following:
`(B) the quantity of sugar that would provide for reasonable carryover
stocks;';
(vi) in subparagraph (C), as so redesignated--
(I) by striking `or' and all that follows through `beets';
and
(II) by striking the `and' following the semicolon;
(vii) by inserting after subparagraph (C), as so redesignated, the
following:
`(D) the quantity of sugar that will be available from the domestic
processing of sugarcane and sugar beets; and'; and
(viii) in subparagraph (E), as so redesignated--
(I) by striking `quantity of sugar' and inserting `quantity of
sugars, syrups, and molasses';
(II) by inserting `human' after `imported for' the first place it
appears;
(III) by inserting after `consumption' the first place it
appears
the following: `or to be used for the extraction of sugar for human
consumption';
(IV) by striking `year' and inserting `year, whether such articles
are under a tariff-rate quota or are in excess or outside of a tariff
rate quota'; and
(V) by striking `(other than sugar' and all that follows through
`carry-in stocks';
(B) by redesignating paragraph (2) as paragraph (3);
(C) by inserting after paragraph (1) the following new
paragraph:
`(2) EXCLUSION- The estimates in this section shall not include sugar
imported for the production of polyhydric alcohol or to be refined and
re-exported in refined form or in sugar containing products.';
(D) in paragraph (3), as so redesignated--
(i) by striking `QUARTERLY REESTIMATES' and inserting `REESTIMATES';
and
(ii) by inserting `as necessary, but' after `a fiscal
year';
(A) by striking paragraph (1) and inserting the following new
paragraph:
`(1) IN GENERAL- By the beginning of each fiscal year, the Secretary
shall establish for that fiscal year appropriate allotments under section
359c for the marketing by processors of sugar processed from sugar beets and
from domestically-produced sugarcane at a level that the Secretary estimates
will result in no forfeitures of sugar to the Commodity Credit Corporation
under the loan program for sugar.'; and
(B) in paragraph (2), by striking `or crystalline fructose';
(4) by striking subsection (c);
(5) by redesignating subsection (d) as subsection (c); and
(6) in subsection (c), as so redesignated--
(A) by striking paragraph (2);
(B) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3),
respectively; and
(C) in paragraph (2), as so redesignated--
(i) by striking `or manufacturer' and all that follows through
`(2)'; and
(ii) by striking `or crystalline fructose'.
(c) ESTABLISHMENT- Section 359c of the Agricultural Adjustment Act of 1938
(7 U.S.C. 1359cc) is amended--
(1) in the section heading by inserting `flexible' after `of';
(2) in subsection (a), by inserting `flexible' after `establish';
(A) in paragraph (1)(A), by striking `1,250,000' and inserting
`1,532,000'; and
(B) in paragraph (2), by striking `to the maximum extent
practicable';
(4) by striking subsection (c) and inserting the following new
subsection:
`(c) MARKETING ALLOTMENT FOR SUGAR DERIVED FROM SUGAR BEETS AND MARKETING
ALLOTMENT FOR SUGAR DERIVED FROM SUGARCANE- The overall allotment quantity for
the fiscal year shall be allotted among--
`(1) sugar derived from sugar beets by establishing a marketing
allotment for a fiscal year at a quantity equal to the product of
multiplying the overall allotment quantity for the fiscal year by the
percentage of 54.35; and
`(2) sugar derived from sugarcane by establishing a marketing allotment
for a fiscal year at a quantity equal to the product of multiplying the
overall allotment quantity for the fiscal year by the percentage of
45.65.';
(5) by amending subsection (d) to read as follows:
`(d) FILLING CANE SUGAR AND BEET SUGAR ALLOTMENTS- Each marketing
allotment for cane sugar established under this section may only be filled
with sugar processed from domestically grown sugarcane, and each marketing
allotment for beet sugar established under this section may only be filled
with sugar domestically processed from sugar beets.';
(6) by striking subsection (e);
(7) by redesignating subsection (f) as subsection (e);
(8) in subsection (e), as so redesignated--
(A) by inserting `(1) IN GENERAL- ' before `The allotment for sugar'
and indenting such paragraph appropriately;
(B) in such paragraph (1)--
(i) by striking `the 5' and inserting `the';
(ii) by inserting after `sugarcane is produced,' the following:
`after a hearing, if requested by the affected sugar cane processors and
growers, and on such notice as the Secretary by regulation may
prescribe,';
(iii) by striking `on the basis of past marketings' and all that
follows through `allotments', and inserting `as provided in this
subsection and section 359d(a)(2)(A)(iv)'; and
(C) by inserting after paragraph (1) the following new
paragraphs:
`(A) COLLECTIVELY- Prior to the allotment of sugar derived from
sugarcane to any other State, 325,000 short tons, raw value shall be
allotted to the offshore States.
`(B) INDIVIDUALLY- The collective offshore State allotment provided
for under subparagraph (A) shall be further allotted among the offshore
States in which sugarcane is produced, after a hearing if requested by the
affected sugar cane processors and growers, and on such notice as the
Secretary by regulation may prescribe, in a fair and equitable manner on
the basis of--
`(i) past marketings of sugar, based on the average of the 2 highest
years of production of raw cane sugar from the 1996 through 2000
crops;
`(ii) the ability of processors to market the sugar covered under
the allotments for the crop year; and
`(iii) past processings of sugar from sugarcane based on the 3 year
average of the crop years 1998 through 2000.
`(3) MAINLAND ALLOTMENT- The allotment for sugar derived from sugarcane,
less the amount provided for under paragraph (2), shall be allotted among
the mainland States in the United States in which sugarcane is produced,
after a hearing if requested by the affected sugar cane processors and
growers, and on such notice as the Secretary by regulation may prescribe, in
a fair and equitable manner on the basis of--
`(A) past marketings of sugar, based on the average of the 2 highest
years of production
of raw cane sugar from the 1996 through 2000 crops;
`(B) the ability of processors to market the sugar covered under the
allotments for the crop year; and
`(C) past processings of sugar from sugarcane, based on the 3 crop
years with the greatest processings (in the mainland States collectively)
during the 1991 through 2000 crop years.';
(9) by inserting after subsection (e), as so redesignated, the following
new subsection (f):
`(f) FILLING CANE SUGAR ALLOTMENTS- Except as otherwise provided in
section 359e, a State cane sugar allotment established under subsection (e)
for a fiscal year may be filled only with sugar processed from sugarcane grown
in the State covered by the allotment.';
(A) in paragraph (1), by striking `359b(a)(2)--' and all that follows
through the comma at the end of subparagraph (C) and inserting
`359b(a)(3), adjust upward or downward marketing allotments in a fair and
equitable manner';
(B) in paragraph (2) by striking `359f(b)' and inserting `359f(c)';
and
(i) by striking `REDUCTIONS' and inserting `CARRY-OVER OF
REDUCTIONS';
(ii) by inserting after `this subsection, if' the following: `at the
time of the reduction';
(iii) by striking `price support' and inserting
`nonrecourse';
(iv) by striking `206' and all that follows through `the allotment'
and inserting `156 of the Agricultural Market Transition Act (7 U.S.C.
7272),'; and
(v) by striking `, if any,'; and
(11) by amending subsection (h) to read as follows:
`(h) SUSPENSION OF ALLOTMENTS- Whenever the Secretary estimates, or
reestimates, under section 359b(a), or has reason to believe that imports of
sugars, syrups or molasses for human consumption or to be used for the
extraction of sugar for human consumption, whether under a tariff-rate quota
or in excess or outside of a tariff-rate quota, will exceed 1.532 million
short tons, raw value equivalent, and that such imports would lead to a
reduction of the overall allotment quantity, the Secretary shall suspend the
marketing allotments until such time as such imports have been restricted,
eliminated, or otherwise reduced to or below the level of 1.532 million
tons.'.
(d) ALLOCATION- Section 359d of the Agricultural Adjustment Act of 1938 (7
U.S.C. 1359dd) is amended--
(1) in subsection (a)(2)(A)--
(A) by inserting `(i) IN GENERAL- ' before `The Secretary shall' and
indenting such clause appropriately;
(B) in clause (i), as so designated--
(i) by striking `interested parties' and inserting `the affected
sugar cane processors and growers';
(ii) by striking `by taking' and all that follows through `allotment
allocated.' and inserting `with this subparagraph.'; and
(iii) by inserting at the end the following new sentence: `Each such
allocation shall be subject to adjustment under section
359c(g).';
(C) by inserting after clause (i) the following new clauses:
`(ii) MULTIPLE PROCESSOR STATES- Except as provided in clause (iii),
the Secretary shall allocate the allotment for cane sugar among multiple
cane sugar processors in a single State based upon--
`(I) past marketings of sugar, based on the average of the 2
highest years of production of raw cane sugar from among the 1996
through 2000 crops;
`(II) the ability of processors to market sugar covered by that
portion of the allotment allocated for the crop year;
`(III) past processings of sugar from sugarcane, based on the
average of the 3 highest years from among crop years 1996 through
2000; and
`(IV) however, only with respect to allotments under subclauses
(I), (II), and (III) attributable to the former operations of the
Talisman processing facility, shall be allocated among processors in
the State coincident with the provisions of the agreements of March 25
and March 26, 1999, between the affected processors and the Department
of the Interior.
`(iii) PROPORTIONATE SHARE STATES- In the case of States subject to
section 359f(c), the Secretary shall allocate the allotment for cane
sugar among multiple cane sugar processors in a single state based
upon--
`(I) past marketings of sugar, based on the average of the two
highest years of production of raw cane sugar from among the 1997
through 2001 crop years;
`(II) the ability of processors to market sugar covered by that
portion of the allotments allocated for the crop year;
and
`(III) past processings of sugar from sugarcane, based on the
average of the two highest crop years from the five crop years 1997
through 2001.
`(iv) NEW ENTRANTS- Notwithstanding clauses (ii) and (iii), the
Secretary, on application of any processor that begins processing
sugarcane on or after the date of enactment of this clause, and after a
hearing if requested by the affected sugarcane processors and growers,
and on such notice as the Secretary by regulation may prescribe, may
provide such processor with an allocation which provides a fair,
efficient and equitable distribution of the allocations from the
allotment for the State in which the processor is located and, in the
case of proportionate share States, shall establish proportionate shares
in an amount sufficient to produce the sugarcane required to satisfy
such allocations. However, the allotment for a new processor under this
clause shall not exceed 50,000 short tons, raw value.
`(v) TRANSFER OF OWNERSHIP- Except as otherwise provided in section
359f(c)(8), in the event that a sugarcane processor is sold or otherwise
transferred to another owner, or closed as part of an affiliated
corporate group processing consolidation, the Secretary shall transfer
the
allotment allocation for the processor to the purchaser, new owner, or
successor in interest, as applicable, of the processor.'; and
(2) in subsection (a)(2)(B)--
(A) by striking `interested parties' and inserting `the affected sugar
beet processors and growers'; and
(B) by striking `processing capacity' and all that follows through
`allotment allocated' and inserting the following: `the marketings of
sugar processed from sugar beets of any or all of the 1996 through 2000
crops, and such other factors as the Secretary may deem appropriate after
consultation with the affected sugar beet processors and growers. However,
in the case of any processor which has started processing sugar beets
after January 1, 1996, the Secretary shall provide such processor with an
allocation which provides a fair, efficient and equitable distribution of
the allocations'.
(e) REASSIGNMENT- Section 359e(b) of the Agricultural Adjustment Act of
1938 (7 U.S.C. 1359ee(b)) is amended--
(A) in subparagraph (B) by striking the `and' after the
semicolon;
(B) by redesignating subparagraph (C) as subparagraph (D);
(C) by inserting after subparagraph (B) the following new
subparagraph:
`(C) if after the reassignments, the deficit cannot be completely
eliminated, the Secretary shall reassign the estimated quantity of the
deficit to the sale of any inventories of sugar held by the Commodity
Credit Corporation; and'; and
(D) in subparagraph (D), as so redesignated, by inserting `and sales'
after `reassignments'; and
(A) in subparagraph (A) by striking the `and' after the
semicolon;
(B) in subparagraph (B), by striking `reassign the remainder to
imports.' and inserting `use the estimated quantity of the deficit for the
sale of any inventories of sugar held by the Commodity Credit Corporation;
and'; and
(C) by inserting after subparagraph (B) the following new
subparagraph:
`(C) if after such reassignments and sales, the deficit cannot be
completely eliminated, the Secretary shall reassign the remainder to
imports.'.
(f) PRODUCER PROVISIONS- Section 359f of the Agricultural Adjustment Act
of 1938 (7 U.S.C. 1359ff) is amended--
(A) by striking `processor's allocation' in the second sentence and
inserting `allocation to the processor'; and
(B) by inserting after `request of either party' the following: `, and
such arbitration should be completed within 45 days, but not more than 60
days, of the request';
(2) by redesignating subsection (b) as subsection (c);
(3) by inserting after subsection (a) the following new
subsection:
`(b) SUGAR BEET PROCESSING FACILITY CLOSURES- In the event that a sugar
beet processing facility is closed and the sugar beet growers who previously
delivered beets to such facility desire to deliver their beets to another
processing company:
`(1) Such growers may petition the Secretary to modify existing
allocations to accommodate such a transition; and
`(2) The Secretary may increase the allocation to the processing company
to which the growers desire to deliver their sugar beets, and which the
processing company agrees to accept, not to exceed its processing capacity,
to accommodate the change in deliveries.
`(3) Such increased allocation shall be deducted from the allocation to
the company that owned the processing facility that has been closed and the
remaining allocation will be unaffected.
`(4) The Secretary's determination on the issues raised by the petition
shall be made within 60 days of the filing of the petition.';
(4) in subsection (c), as so redesignated--
(A) in paragraph (3)(A), by striking `the preceding five years' and
inserting `the two highest years from among the years 1999, 2000, and
2001';
(B) in paragraph (4)(A), by striking `each' and all that follows
through `in effect' and inserting `the two highest of the three (3) crop
years 1999, 2000, and 2001'; and
(C) by inserting after paragraph (7) the following new
paragraph:
`(8) PROCESSING FACILITY CLOSURES- In the event that a sugarcane
processing facility subject to this subsection is closed and the sugarcane
growers who previously delivered sugarcane to such facility desire to
deliver their sugarcane to another processing company--
`(A) such growers may petition the Secretary to modify existing
allocations to accommodate such a transition;
`(B) the Secretary may increase the allocation to the processing
company to which the growers desire to deliver the sugarcane, and which
the processing company agrees to accept, not to exceed its processing
capacity, to accommodate the change in deliveries;
`(C) such increased allocation shall be deducted from the allocation
to the company that owned the processing facility that has been closed and
the remaining allocation will be unaffected; and
`(D) the Secretary's determination on the issues raised by the
petition shall be made within 60 days of the filing of the
petition.'.
(g) CONFORMING AMENDMENTS- (1) The heading of part VII of subtitle B of
Title III of the Agricultural Adjustment Act of 1938 (7 U.S.C. 359aa et seq.)
is amended to read as follows:
`PART VII--FLEXIBLE MARKETING ALLOTMENTS FOR SUGAR'.
(2) Section 359g of the Agricultural Adjustment Act of 1938 (7 U.S.C.
1359gg) is amended--
(A) by striking `359f' each place it appears and inserting
`359f(c)';
(B) in subsection (b), by striking `3 consecutive' and inserting `5
consecutive'; and
(C) in subsection (c), by inserting `or adjusted' after `share
established'.
(3) Section 359j(c) of the Agricultural Adjustment Act of 1938 (7 U.S.C.
1359jj) is amended--
(A) by amending the subsection heading to read as follows: `DEFINITIONS-
';
(B) by striking `Notwithstanding' and inserting the following:
`(1) UNITED STATES AND STATE- Notwithstanding'; and
(C) by inserting after such paragraph (1) the following new
paragraph:
`(2) OFFSHORE STATES- For purposes of this part, the term `offshore
States' means the sugarcane producing States located outside of the
continental United States.'.
(h) LIFTING OF SUSPENSION- Section 171(a)(1)(E) of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7301(a)(1)(E)) is amended by
inserting before the period at the end the following: `, but only with respect
to sugar marketings through fiscal year 2002'.
SEC. 153. STORAGE FACILITY LOANS.
(a) STORAGE FACILITY LOAN PROGRAM- Notwithstanding any other provision of
law and as soon as practicable after the date of the enactment of this
section, the Commodity Credit Corporation shall amend part 1436 of title 7,
Code of Federal Regulations, to establish a sugar storage facility loan
program to provide financing for processors of domestically-produced sugarcane
and sugar beets to build or upgrade storage and handling facilities for raw
sugars and refined sugars.
(b) ELIGIBLE PROCESSORS- Storage facility loans shall be made available to
any processor of domestically produced sugarcane or sugar beets that has a
satisfactory credit history, determines a need for increased storage capacity
(taking into account the effects of marketing allotments), and demonstrates an
ability to repay the loan.
(c) TERM OF LOANS- Storage facility loans shall be for a minimum of seven
years, and shall be in such amounts and on such terms and conditions
(including down payment, security requirements, and eligible equipment) as are
normal, customary, and appropriate for the size and commercial nature of the
borrower.
(d) ADMINISTRATION- The sugar storage facility loan program shall be
administered using the services, facilities, funds, and authorities of the
Commodity Credit Corporation.
CHAPTER 3--PEANUTS
SEC. 161. DEFINITIONS.
(1) COUNTER-CYCLICAL PAYMENT- The term `counter-cyclical payment' means
a payment made to peanut producers under section 164.
(2) EFFECTIVE PRICE- The term `effective price' means the price
calculated by the Secretary under section 164 for peanuts to determine
whether counter-cyclical payments are required to be made under such section
for a crop year.
(3) HISTORIC PEANUT PRODUCER- The term `historic peanut producer' means
a peanut producer on a farm in the United States that produced or attempted
to produce peanuts during any or all of crop years 1998, 1999, 2000, and
2001.
(4) FIXED, DECOUPLED PAYMENT- The term `fixed, decoupled payment' means
a payment made to peanut producers under section 163.
(5) PAYMENT ACRES- The term `payment acres' means 85 percent of the
peanut acres on a farm, as established under section 162, upon which fixed,
decoupled payments and counter-cyclical payments are to be made.
(6) PEANUT ACRES- The term `peanut acres' means the number of acres
assigned to a particular farm by historic peanut producers pursuant to
section 162(b).
(7) PAYMENT YIELD- The term `payment yield' means the yield assigned to
a particular farm by historic peanut producers pursuant to section
162(b).
(8) PEANUT PRODUCER- The term `peanut producer' means an owner,
operator, landlord, tenant, or sharecropper who shares in the risk of
producing a crop of peanuts in the United States and who is entitled to
share in the crop available for marketing from the farm, or would have
shared had the crop been produced.
(9) SECRETARY- The term `Secretary' means the Secretary of
Agriculture.
(10) STATE- The term `State' means each of the several States of the
United States, the District of Columbia, the Commonwealth of Puerto Rico,
and any other territory or possession of the United States.
(11) TARGET PRICE- The term `target price' means the price per ton of
peanuts used to determine the payment rate for counter-cyclical
payments.
(12) UNITED STATES- The term `United States', when used in a
geographical sense, means all of the States.
SEC. 162. ESTABLISHMENT OF PAYMENT YIELD, PEANUT ACRES, AND PAYMENT ACRES
FOR A FARM.
(a) ESTABLISHMENT OF PAYMENT YIELD AND PAYMENT ACRES-
(1) DETERMINATION OF AVERAGE YIELD- The Secretary shall determine, for
each historic peanut producer, the average yield for peanuts on each farm on
which the historic peanut producer produced peanuts for the 1998 through
2001 crop years, excluding any crop year in which the producer did not
produce peanuts. If, for any of these four crop years
in which peanuts were planted on a farm by the producer, the farm would have
satisfied the eligibility criteria established to carry out section 1102 of the
Agriculture, Rural Development, Food and Drug Administration, and Related
Agencies Appropriations Act, 1999 (7 U.S.C. 1421 note; Public Law 105-277), the
Secretary shall assign a yield for the producer for that year equal to 65
percent of the county yield, as determined by the Secretary.
(2) DETERMINATION OF ACREAGE AVERAGE-
(A) IN GENERAL- Except as provided in subparagraph (B), the Secretary
shall determine, for each historic peanut producer, the four-year average
of acreage actually planted in peanuts by the historic peanut producer for
harvest on one or more farms during crop years 1998, 1999, 2000, and 2001
and any acreage that the producer was prevented from planting to peanuts
during such crop years because of drought, flood, or other natural
disaster, or other condition beyond the control of the producer, as
determined by the Secretary. If more than one historic peanut producer
shared in the risk of producing the crop on the farm, the historic peanut
producers shall receive their proportional share of the number of acres
planted (or prevented from being planted) to peanuts for harvest on the
farm based on the sharing arrangement that was in effect among the
producers for the crop.
(B) SELECTION BY PRODUCER- If a county in which a historic peanut
producer described in subparagraph (A) is located is declared a disaster
area during 1 or more of the 4 crop years described in that subparagraph,
for purposes of determining the 4-year average acreage for the historic
peanut producer, the historic peanut producer may elect to substitute, for
not more than 1 of the crop years during which a disaster is
declared--
(i) the State average of acreage actually planted in peanuts;
for
(ii) the average of acreage for the historic peanut producer
determined by the Secretary under subparagraph (A).
(3) TIME FOR DETERMINATIONS; CONSIDERATIONS- The Secretary shall make
the determinations required by this subsection not later than 90 days after
the date of the enactment of this Act. In making such determinations, the
Secretary shall take into account changes in the number and identity of
persons sharing in the risk of producing a peanut crop since the 1998 crop
year, including providing a method for the assignment of average acres and
average yield to a farm when the historic peanut producer is no longer
living or an entity composed of historic peanut producers has been
dissolved.
(b) ASSIGNMENT OF PAYMENT YIELD AND PEANUT ACRES TO FARMS-
(1) ASSIGNMENT BY HISTORIC PEANUT PRODUCERS- The Secretary shall give
each historic peanut producer an opportunity to assign the average peanut
yield and average acreage determined under subsection (a) for the producer
to cropland on a farm.
(2) PAYMENT YIELD- The average of all of the yields assigned by historic
peanut producers to a farm shall be deemed to be the payment yield for that
farm for the purpose of making fixed decoupled payments and counter-cyclical
payments under this chapter.
(3) PEANUT ACRES- Subject to subsection (e), the total number of acres
assigned by historic peanut producers to a farm shall be deemed to be the
peanut acres for a farm for the purpose of making fixed decoupled payments
and counter-cyclical payments under this chapter.
(c) TIME FOR ASSIGNMENT- The opportunity to make the assignments described
in subsection (b) shall be available to historic peanut producers only once.
The historic peanut producers shall notify the Secretary of the assignments
made by such producers under such subsections not later than 180 days after
the date of the enactment of this Act.
(d) PAYMENT ACRES- The payment acres for peanuts on a farm shall be equal
to 85 percent of the peanut acres assigned to the farm.
(e) PREVENTION OF EXCESS PEANUT ACRES-
(1) REQUIRED REDUCTION- If the sum of the peanut 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 quantity of
peanut acres for the farm or base acres for one or more covered commodities
for the farm as necessary so that the sum of the peanut acres and acreage
described in paragraph (2) does not exceed the actual cropland acreage of
the farm. The Secretary shall give the peanut producers on the farm the
opportunity to select the peanut acres or base acres against which the
reduction will be made.
(2) OTHER ACREAGE- For purposes of paragraph (1), the Secretary shall
include the following:
(A) Any base acres for the farm under subtitle A.
(B) Any acreage on the farm enrolled in the conservation reserve
program or wetlands reserve program under chapter 1 of subtitle D of title
XII of the Food Security Act of 1985 (16 U.S.C. 3830 et seq.).
(C) Any other acreage on the farm enrolled in a conservation program
for which payments are made in exchange for not producing an agricultural
commodity on the acreage.
(3) 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.
SEC. 163. AVAILABILITY OF FIXED, DECOUPLED PAYMENTS FOR PEANUTS.
(a) PAYMENT REQUIRED- For each of the 2002 through 2011 crop years, the
Secretary shall make fixed, decoupled payments to peanut producers on a
farm.
(b) PAYMENT RATE- The payment rate used to make fixed, decoupled payments
with respect to peanuts for a crop year shall be equal to $0.018 per pound.
(c) PAYMENT AMOUNT- The amount of the fixed, decoupled payment to be paid
to the peanut 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 on the farm.
(3) The payment yield for the farm.
(1) GENERAL RULE- Fixed, decoupled payments shall be paid not later than
September 30 of each of fiscal years 2002 through 2011. In the case of the
2002 crop, payments may begin to be made on or after December 1, 2001.
(2) ADVANCE PAYMENTS- At the option of a peanut producer, 50 percent of
the fixed, decoupled payment for a fiscal year shall be paid on a date
selected by the peanut producer. The selected date shall be on or after
December 1 of that fiscal year, and the peanut producer may change the
selected date for a subsequent fiscal year by providing advance notice to
the Secretary.
(3) REPAYMENT OF ADVANCE PAYMENTS- If a peanut producer that receives an
advance fixed, decoupled payment for a fiscal year ceases to be a peanut
producer before the date the fixed, decoupled payment would otherwise have
been made by the Secretary under paragraph (1), the peanut producer shall be
responsible for repaying the Secretary the full amount of the advance
payment.
SEC. 164. AVAILABILITY OF COUNTER-CYCLICAL PAYMENTS FOR PEANUTS.
(a) PAYMENT REQUIRED- During the 2002 through 2011 crop years for peanuts,
the Secretary shall make counter-cyclical payments with respect to peanuts
whenever the Secretary determines that the effective price for peanuts is less
than the target price.
(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 received by peanut 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 same period under this chapter.
(2) The payment rate in effect under section 163 for the purpose of
making fixed, decoupled payments.
(c) TARGET PRICE- For purposes of subsection (a), the target price for
peanuts shall be equal to $520 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; and
(2) the effective price determined under subsection (b).
(e) PAYMENT AMOUNT- The amount of the counter-cyclical payment to be paid
to the peanut producers on a farm for a 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.
(1) GENERAL RULE- The Secretary shall make counter-cyclical payments
under this section for a peanut crop as soon as possible after determining
under subsection (a) that such payments are required for that crop
year.
(2) PARTIAL PAYMENT- The Secretary may permit, and, if so permitted, a
peanut producer may elect to receive, up to 40 percent of the projected
counter-cyclical payment, as determined by the Secretary, to be made under
this section for a peanut crop upon completion of the first six months of
the marketing year for that crop. The peanut producer shall repay to the
Secretary the amount, if any, by which the partial payment exceeds the
actual counter-cyclical payment to be made for that crop.
SEC. 165. PRODUCER AGREEMENT REQUIRED AS CONDITION ON PROVISION OF FIXED,
DECOUPLED PAYMENTS AND COUNTER-CYCLICAL PAYMENTS.
(a) COMPLIANCE WITH CERTAIN REQUIREMENTS-
(1) REQUIREMENTS- Before the peanut producers on a farm may receive
fixed, decoupled payments or counter-cyclical payments with respect to the
farm, the peanut producers shall agree, 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 the Act (16 U.S.C. 3821 et seq.);
(C) to comply with the planting flexibility requirements of section
166; and
(D) to use the land on the farm, in an amount equal to the peanut
acres, for an agricultural or conserving use, and not for a
nonagricultural commercial or industrial use, as determined by the
Secretary.
(2) COMPLIANCE- The Secretary may issue such rules as the Secretary
considers necessary to ensure peanut producer compliance with the
requirements of paragraph (1).
(b) EFFECT OF FORECLOSURE- A peanut producer may not be required to make
repayments to the Secretary of fixed, decoupled payments and counter-cyclical
payments if the farm has been foreclosed on and the Secretary determines that
forgiving the repayments is appropriate to provide fair and equitable
treatment. This subsection shall not void the responsibilities of the peanut
producer under subsection (a) if the peanut producer continues or resumes
operation, or control, of the farm. On the resumption of operation or control
over the farm by the producer, the requirements of subsection (a) in effect on
the date of the foreclosure shall apply.
(c) TRANSFER OR CHANGE OF INTEREST IN FARM-
(1) TERMINATION- Except as provided in paragraph (4), a transfer of (or
change in) the interest of a peanut producer in peanut acres for which
fixed, decoupled payments or counter-cyclical payments are made shall result
in the termination of the payments with respect to the peanut acres, unless
the transferee or owner of the acreage agrees to assume all obligations
under subsection (a). The termination shall be effective on the date of the
transfer or change.
(2) TRANSFER OF PAYMENT BASE- There is no restriction on the transfer of
a farm's peanut acres or payment yield as part of a change in the peanut
producers on the farm.
(3) MODIFICATION- At the request of the transferee or owner, the
Secretary may modify the requirements of subsection (a) if the modifications
are consistent with the objectives of such subsection, as determined by the
Secretary.
(4) EXCEPTION- If a peanut producer entitled to a fixed, decoupled
payment or counter-cyclical
payment dies, becomes incompetent, or is otherwise unable to receive the
payment, the Secretary shall make the payment, in accordance with regulations
prescribed by the Secretary.
(d) ACREAGE REPORTS- As a condition on the receipt of any benefits under
this chapter, the Secretary shall require peanut producers to submit to the
Secretary acreage reports.
(e) TENANTS AND SHARECROPPERS- In carrying out this chapter, the Secretary
shall provide adequate safeguards to protect the interests of tenants and
sharecroppers.
(f) SHARING OF PAYMENTS- The Secretary shall provide for the sharing of
fixed, decoupled payments and counter-cyclical payments among the peanut
producers on a farm on a fair and equitable basis.
SEC. 166. PLANTING FLEXIBILITY.
(a) PERMITTED CROPS- Subject to subsection (b), any commodity or crop may
be planted on peanut acres on a farm.
(b) LIMITATIONS AND EXCEPTIONS REGARDING CERTAIN COMMODITIES-
(1) LIMITATIONS- The planting of the following agricultural commodities
shall be prohibited on peanut acres:
(B) Vegetables (other than lentils, mung beans, and dry
peas).
(2) EXCEPTIONS- Paragraph (1) shall not limit the planting of an
agricultural commodity specified in such paragraph--
(A) in any region in which there is a history of double-cropping of
peanuts with agricultural commodities specified in paragraph (1), as
determined by the Secretary, in which case the double-cropping shall be
permitted;
(B) on a farm that the Secretary determines has a history of planting
agricultural commodities specified in paragraph (1) on peanut acres,
except that fixed, decoupled payments and counter-cyclical payments shall
be reduced by an acre for each acre planted to such an agricultural
commodity; or
(C) by a peanut producer who the Secretary determines has an
established planting history of a specific agricultural commodity
specified in paragraph (1), except that--
(i) the quantity planted may not exceed the peanut producer's
average annual planting history of such agricultural commodity in the
1991 through 1995 crop years (excluding any crop year in which no
plantings were made), as determined by the Secretary; and
(ii) fixed, decoupled payments and counter-cyclical payments shall
be reduced by an acre for each acre planted to such agricultural
commodity.
SEC. 167. MARKETING ASSISTANCE LOANS AND LOAN DEFICIENCY PAYMENTS FOR
PEANUTS.
(a) NONRECOURSE LOANS AVAILABLE-
(1) AVAILABILITY- For each of the 2002 through 2011 crops of peanuts,
the Secretary shall make available to peanut producers on a farm nonrecourse
marketing assistance loans for peanuts produced on the farm. The loans shall
be made under terms and conditions that are prescribed by the Secretary and
at the loan rate established under subsection (b).
(2) ELIGIBLE PRODUCTION- Any production of peanuts on a farm shall be
eligible for a marketing assistance loan under this subsection.
(3) TREATMENT OF CERTAIN COMMINGLED COMMODITIES- In carrying out this
subsection, the Secretary shall make loans to a peanut producer that is
otherwise eligible to obtain a marketing assistance loan, but for the fact
the peanuts owned by the peanut producer are commingled with other peanuts
in facilities unlicensed for the storage of agricultural commodities by the
Secretary or a State licensing authority, if the peanut producer obtaining
the loan agrees to immediately redeem the loan collateral in accordance with
section 166 of the Federal Agriculture Improvement and Reform Act of 1996 (7
U.S.C. 7286).
(4) OPTIONS FOR OBTAINING LOAN- A marketing assistance loan under this
subsection, and loan deficiency payments under subsection (e), may be
obtained at the option of the peanut producer through--
(A) a designated marketing association of peanut producers that is
approved by the Secretary;
(B) the Farm Service Agency; or
(C) a loan servicing agent approved by the Secretary.
(b) LOAN RATE- The loan rate for a marketing assistance loan under for
peanuts subsection (a) shall be equal to $400 per ton.
(1) IN GENERAL- A marketing assistance loan for peanuts under subsection
(a) shall have a term of nine months beginning on the first day of the first
month after the month in which the loan is made.
(2) EXTENSIONS PROHIBITED- The Secretary may not extend the term of a
marketing assistance loan under subsection (a).
(d) REPAYMENT RATE- The Secretary shall permit peanut producers 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 the commodity under subsection (b),
plus interest (as determined by the Secretary); 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.
(e) LOAN DEFICIENCY PAYMENTS-
(1) AVAILABILITY- The Secretary may make loan deficiency payments
available to peanut producers who, although eligible to obtain a marketing
assistance loan for peanuts under subsection (a), agree to forgo obtaining
the loan for the peanuts in return for payments under this subsection.
(2) COMPUTATION- A loan deficiency payment under this subsection shall
be computed by multiplying--
(A) the loan payment rate determined under paragraph (3) for peanuts;
by
(B) the quantity of the peanuts produced by the peanut producers,
excluding any quantity for which the producers obtain a loan under
subsection (a).
(3) LOAN PAYMENT RATE- For purposes of this subsection, the loan payment
rate shall be the amount by which--
(A) the loan rate established under subsection (b); exceeds
(B) the rate at which a loan may be repaid under subsection
(d).
(4) TIME FOR PAYMENT- The Secretary shall make a payment under this
subsection to a peanut producer with respect to a quantity of peanuts as of
the earlier of the following:
(A) The date on which the peanut producer marketed or otherwise lost
beneficial interest in the peanuts, as determined by the
Secretary.
(B) The date the peanut producer requests the payment.
(f) COMPLIANCE WITH CONSERVATION AND WETLANDS REQUIREMENTS- As a condition
of the receipt of a marketing assistance loan under subsection (a), the peanut
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
the Act (16 U.S.C. 3821 et seq.) during the term of the loan.
(g) REIMBURSABLE AGREEMENTS AND PAYMENT OF EXPENSES- To the extent
practicable, the Secretary shall implement any reimbursable agreements or
provide for the payment of expenses under this chapter in a manner that is
consistent with such activities in regard to other commodities.
(h) TERMINATION OF SUPERSEDED PRICE SUPPORT AUTHORITY-
(1) REPEAL- Section 155 of the Federal Agriculture Improvement and
Reform Act of 1996 (7 U.S.C. 7271) is repealed.
(2) CONFORMING AMENDMENTS- The Agricultural Act of 1949 (7 U.S.C. 1441
et seq.) is amended--
(A) in section 101(b) (7 U.S.C. 1441(b)), by striking `and peanuts';
and
(B) in section 408(c) (7 U.S.C. 1428(c)), by striking
`peanuts,'.
SEC. 168. QUALITY IMPROVEMENT.
(1) MANDATORY INSPECTION- All peanuts placed under a marketing
assistance loan under section 167 shall be officially inspected and graded
by Federal or State inspectors.
(2) OPTIONAL INSPECTION- Peanuts not placed under a marketing assistance
loan may be graded at the option of the peanut producer.
(b) TERMINATION OF PEANUT ADMINISTRATIVE COMMITTEE- The Peanut
Administrative Committee established under Marketing Agreement No. 1436, which
regulates the quality of domestically produced peanuts under the Agricultural
Adjustment Act (7 U.S.C. 601 et seq.), reenacted with amendments by the
Agricultural Marketing Agreement Act of 1937, is terminated.
(c) ESTABLISHMENT OF PEANUT STANDARDS BOARD- The Secretary shall establish
a Peanut Standards Board for the purpose of assisting in the establishment of
quality standards with respect to peanuts. The authority of the Board is
limited to assisting in the establishment of quality standards for peanuts.
The members of the Board should fairly reflect all regions and segments of the
peanut industry.
(d) EFFECTIVE DATE- This section shall take effect with the 2002 crop of
peanuts.
SEC. 169. PAYMENT LIMITATIONS.
For purposes of sections 1001 through 1001C of the Food Security Act of
1985 (7 U.S.C. 1308 through 1308-3), separate payment limitations shall apply
to peanuts with respect to--
(1) fixed, decoupled payments;
(2) counter-cyclical payments, and
(3) limitations on marketing loan gains and loan deficiency
payments.
SEC. 170. TERMINATION OF MARKETING QUOTA PROGRAMS FOR PEANUTS AND
COMPENSATION TO PEANUT QUOTA HOLDERS FOR LOSS OF QUOTA ASSET VALUE.
(a) REPEAL OF MARKETING QUOTA-
(1) REPEAL- Part VI of subtitle B of title III of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1357-1359a), relating to peanuts, is
repealed.
(2) TREATMENT OF 2001 CROP- Part VI of subtitle B of title III of the
Agricultural Adjustment Act of 1938 (7 U.S.C. 1357-1359a), as in effect on
the day before the date of the enactment of this Act, shall continue to
apply with respect to the 2001 crop of peanuts notwithstanding the amendment
made by paragraph (1).
(b) COMPENSATION CONTRACT REQUIRED- The Secretary shall offer to enter
into a contract with eligible peanut quota holders for the purpose of
providing compensation for the lost value of the quota on account of the
repeal of the marketing quota program for peanuts under subsection (a). Under
the contracts, the Secretary shall make payments to eligible peanut quota
holders during fiscal years 2002 through 2006.
(c) TIME FOR PAYMENT- The payments required under the contracts shall be
provided in five equal installments not later than September 30 of each of
fiscal years 2002 through 2006.
(d) PAYMENT AMOUNT- The amount of the payment for a fiscal year to a
peanut quota holder under a contract shall be equal to the product obtained by
multiplying--
(2) the actual farm poundage quota (excluding seed and experimental
peanuts) established for the peanut quota holder's farm under section
358-1(b) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1358-1(b)) for
the 2001 marketing year.
(e) ASSIGNMENT OF PAYMENTS- 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 the payments made to peanut quota
holders under the contracts. The peanut quota holder 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 subsection.
(f) PEANUT QUOTA HOLDER DEFINED- In this section, the term `peanut quota
holder' means a person or enterprise that owns a farm that--
(1) was eligible, immediately before the date of the enactment of this
Act, to have a peanut quota established upon it;
(2) if there are not quotas currently established, would be eligible to
have a quota established upon it for the succeeding crop year, in the
absence of the amendment made by subsection (a); or
(3) is otherwise a farm that was eligible for such a quota at the time
the general quota establishment authority was repealed.
The Secretary shall apply this definition without regard to temporary
leases or transfers or quotas for seed or experimental purposes.
Subtitle D--Administration
SEC. 181. ADMINISTRATION GENERALLY.
(a) USE OF COMMODITY CREDIT CORPORATION- The Secretary shall carry out
this title through the Commodity Credit Corporation.
(b) DETERMINATIONS BY SECRETARY- A determination made by the Secretary
under this title shall be final and conclusive.
(c) REGULATIONS- Not later than 90 days after the date of the enactment of
this Act, the Secretary and the Commodity Credit Corporation, as appropriate,
shall issue such regulations as are necessary to implement this title. The
issuance of the regulations shall be made without regard to--
(1) the notice and comment provisions of section 553 of title 5, United
States Code;
(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) chapter 35 of title 44, United States Code (commonly know as the
`Paperwork Reduction Act').
(d) PROTECTION OF PRODUCERS- The protection afforded producers that elect
the option to accelerate the receipt of any payment under a production
flexibility contract payable under the Federal Agriculture Improvement and
Reform Act of 1996 (7 U.S.C. 7212 note) shall also apply to the advance
payment of fixed, decoupled payments and counter-cyclical payments.
(e) ADJUSTMENT AUTHORITY RELATED TO URUGUAY ROUND COMPLIANCE- If the
Secretary determines that expenditures under subtitles A, B, and C that are
subject to the total allowable domestic support levels under the Uruguay Round
Agreements (as defined in section 2(7) of the Uruguay Round Agreements Act (19
U.S.C. 3501(7))), as in effect on the date of the enactment of this Act, will
exceed such allowable levels for any applicable reporting period, the
Secretary may make adjustments in the amount of such expenditures during that
period to ensure that such expenditures do not exceed, but in no case are less
than, such allowable levels.
SEC. 182. EXTENSION OF SUSPENSION OF PERMANENT PRICE SUPPORT AUTHORITY.
(a) AGRICULTURAL ADJUSTMENT ACT OF 1938- Section 171(a)(1) of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7301(a)(1)) is
amended by striking `2002' both places it appears and inserting `2011'.
(b) AGRICULTURAL ACT OF 1949- Section 171(b)(1) of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7301(b)(1)) is amended by
striking `2002' both places it appears and inserting `2011'.
(c) SUSPENSION OF CERTAIN QUOTA PROVISIONS- Section 171(c) of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7301(c)) is amended
by striking `2002' and inserting `2011'.
SEC. 183. LIMITATIONS.
(a) LIMITATION ON AMOUNTS RECEIVED- Section 1001 of the Food Security Act
of 1985 (7 U.S.C. 1308) is amended--
(A) by striking `PAYMENTS UNDER PRODUCTION FLEXIBILITY CONTRACTS' and
inserting `FIXED, DECOUPLED PAYMENTS';
(B) by striking `contract payments made under the Agricultural Market
Transition Act to a person under 1 or more production flexibility
contracts' and inserting `fixed, decoupled payments made to a person';
and
(C) by striking `4' and inserting `5';
(2) in paragraphs (2) and (3)--
(A) by striking `payments specified' and all that follows through `and
oilseeds' and inserting `following payments that a person shall be
entitled to receive';
(B) by striking `75' and inserting `150';
(C) by striking the period at the end of paragraph (2) and all that
follows through `the following' in paragraph (3);
(D) by striking `section 131' and all that follows through `section
132' and inserting `section 121 of the Farm Security Act of 2001 for a
crop of any covered commodity at a lower level than the original loan rate
established for the commodity under section 122'; and
(E) by striking `section 135' and inserting `section 125';
and
(3) by inserting after paragraph (2) the following new paragraph
(3):
`(3) LIMITATION ON COUNTER-CYCLICAL PAYMENTS- The total amount of
counter-cyclical payments that a person may receive during any crop year
shall not exceed the amount specified in paragraph (2), as in effect on the
day before the date of the enactment of the Farm Security Act of
2001.'.
(b) DEFINITIONS- Paragraph (4) of section 1001 of the Food Security Act of
1985 (7 U.S.C. 1308) is amended to read as follows:
`(4) DEFINITIONS- In this title, the terms `covered commodity',
`counter-cyclical payment', and `fixed, decoupled payment' have the meaning
given those terms in section 100 of the Farm Security Act of 2001.'.
(c) TRANSITION- Section 1001 of the Food Security Act of 1985 (7 U.S.C.
1308), as in effect on the day before the date of the enactment of this Act,
shall continue to apply with respect to fiscal year 2001 and the 2001 crop of
any covered commodity.
SEC. 184. ADJUSTMENTS OF LOANS.
Section 162(b) of the Federal Agriculture Improvement and Reform Act of
1996 (7 U.S.C. 7282(b)) is amended by striking `this title' and inserting
`this title and title I of the Farm Security Act of 2001'.
SEC. 185. 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 `this title' each places it appears and
inserting `this title and title I of the Farm Security Act of 2001'.
SEC. 186. EXTENSION OF EXISTING ADMINISTRATIVE AUTHORITY REGARDING
LOANS.
Section 166 of the Federal Agriculture Improvement and Reform Act of 1996
(7 U.S.C. 7286) is amended--
(A) by striking `IN GENERAL- ' and inserting `SPECIFIC PAYMENTS- ';
and
(B) by striking `subtitle C' and inserting `subtitle C of this title
and title I of the Farm Security Act of 2001'; and
(2) in subsection (c)(1)--
(A) by striking `producer' the first two places it appears and
inserting `person'; and
(B) by striking `to producers under subtitle C' and inserting `by the
Commodity Credit Corporation'.
SEC. 187. ASSIGNMENT OF PAYMENTS.
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 the authority of this Act. 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. 188. REPORT ON EFFECT OF CERTAIN FARM PROGRAM PAYMENTS ON ECONOMIC
VIABILITY OF PRODUCERS AND FARMING INFRASTRUCTURE.
(a) REVIEW REQUIRED- The Secretary of Agriculture shall conduct a review
of the effects that payments under production flexibility contracts and market
loss assistance payments have had, and that fixed, decoupled payments and
counter-cyclical payments are likely to have, on the economic viability of
producers and the farming infrastructure, particularly in areas where climate,
soil types, and other agronomic conditions severely limit the covered crops
that producers can choose to successfully and profitably produce.
(b) CASE STUDY RELATED TO RICE PRODUCTION- The review shall include a case
study of the effects that the payments described in subsection (a), and the
forecast effects of increasing these or other decoupled payments, are likely
to have on rice producers (including tenant rice producers), the rice milling
industry, and the economies of rice farming areas in Texas, where harvested
rice acreage has fallen from 320,000 acres in 1995 to only 211,000 acres in
2001.
(c) REPORT AND RECOMMENDATIONS- Not later than 90 days 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 report describing the information
collected for the review and the case study and any findings made on the basis
of such information. The report shall include recommendations for minimizing
the adverse effects on producers, with a special focus on producers who are
tenants, on the agricultural economies in farming areas generally, on those
particular areas described in subsection (a), and on the area that is the
subject of the case study in subsection (b).
TITLE II--CONSERVATION
Subtitle A--Environmental Conservation Acreage Reserve
Program
SEC. 201. GENERAL PROVISIONS.
Title XII of the Food Security Act of 1985 is amended--
(1) in section 1230(a), by striking `1996 through 2002' and inserting
`2002 through 2011';
(2) by striking subsection (c) of section 1230; and
(3) in section 1230A (16 U.S.C. 3830a), by striking `chapter' each place
it appears and inserting `title'.
Subtitle B--Conservation Reserve Program
SEC. 211. REAUTHORIZATION.
(a) IN GENERAL- Section 1231 of the Food Security Act of 1985 (16 U.S.C.
3831) is amended in each of subsections (a) and (d) by striking `2002' and
inserting `2011'.
(b) SCOPE OF PROGRAM- Section 1231(a) of such Act (16 U.S.C. 3831(a)) is
amended by striking `and water' and inserting `, water, and wildlife'.
SEC. 212. ENROLLMENT.
(a) ELIGIBILITY- Section 1231(b) of the Food Security Act of 1985 (16
U.S.C. 3831(b)) is amended--
(1) by striking paragraph (3) and inserting the following:
`(3) marginal pasturelands to be devoted to natural vegetation in or
near riparian areas or for similar water quality purposes, including
marginal pasturelands converted to wetlands or established as wildlife
habitat;';
(A) by striking subparagraph (A) and inserting the following:
`(A) if the Secretary determines that--
`(i) the lands contribute to the degradation of soil, water, or air
quality, or would pose an on-site or off-site environmental threat to
soil, water, or air quality if permitted to remain in agricultural
production; and
`(ii) soil, water, and air quality objectives with respect to the
land cannot be achieved under the environmental quality incentives
program established under chapter 4;';
(B) by striking `or' at the end of subparagraph (C);
(C) by striking the period at the end of subparagraph (D) and
inserting `; or'; and
(D) by adding at the end the following:
`(E) if the Secretary determines that enrollment of such lands would
contribute to conservation of ground or surface water.'; and
(3) by adding after and below the end the following flush
sentence:
`Notwithstanding the preceding sentence (but subject to subsection (c)),
the Secretary may not include in the program established under this subchapter
any land that has not been in production for at least 4 years, unless the land
is in the program as of the effective date of this sentence.'.
(b) INCREASE IN MAXIMUM ENROLLMENT- Section 1231(d) of such Act (16 U.S.C.
3831(d)) is amended by striking `36,400,000' and inserting `39,200,000'.
(c) ELIGIBILITY ON CONTRACT EXPIRATION- Section 1231(f) of such Act (16
U.S.C. 3831(f)) is amended to read as follows:
`(f) ELIGIBILITY ON CONTRACT EXPIRATION- On the expiration of a contract
entered into under this subchapter, the land subject to the contract shall be
eligible to be considered for re-enrollment in the conservation reserve.'.
(d) BALANCE OF NATURAL RESOURCE PURPOSES-
(1) IN GENERAL- Section 1231 of such Act (16 U.S.C. 3831) is amended by
adding at the end the following:
`(i) BALANCE OF NATURAL RESOURCE PURPOSES- In determining the
acceptability of contract offers under this subchapter, the Secretary shall
ensure an equitable balance among the conservation purposes of soil erosion,
water quality and wildlife habitat.'.
(2) REGULATIONS- Not later than 180 days after the date of the enactment
of this Act, the Secretary of Agriculture shall issue final regulations
implementing section 1231(i) of the Food Security Act of 1985, as added by
paragraph (1) of this subsection.
SEC. 213. DUTIES OF OWNERS AND OPERATORS.
Section 1232 of the Food Security Act of 1985 (16 U.S.C. 3832) is
amended--
(A) in paragraph (3), by inserting `as described in section 1232(a)(7)
or for other purposes' before `as permitted';
(B) in paragraph (4), by inserting `where practicable, or maintain
existing cover' before `on such land'; and
(C) in paragraph (7), by striking `Secretary--' and all that follows
and inserting `Secretary may permit, consistent with the conservation of
soil, water quality, and wildlife habitat--
`(A) managed grazing and limited haying, in which case the Secretary
shall reduce the conservation reserve payment otherwise payable under the
contract by an amount commensurate with the economic value of the
activity;
`(B) wind turbines for the provision of wind energy, whether or not
commercial in nature; and
`(C) land subject to the contract to be harvested for recovery of
biomass used in energy production, in which case the Secretary shall
reduce the conservation reserve payment otherwise payable under the
contract by an amount commensurate with the economic value of such
activity;'; and
(2) by striking subsections (c) and (d) and redesignating subsection (e)
as subsection (c).
SEC. 214. REFERENCE TO CONSERVATION RESERVE PAYMENTS.
Subchapter B of chapter 1 of subtitle D of title XII of such Act (16
U.S.C. 3831-3836) is amended--
(1) by striking `rental payment' each place it appears and inserting
`conservation reserve payment';
(2) by striking `rental payments' each place it appears and inserting
`conservation reserve payments'; and
(3) in the paragraph heading for section 1235(e)(4), by striking `RENTAL
PAYMENT' and inserting `CONSERVATION RESERVE PAYMENT'.
SEC. 215. EXPANSION OF PILOT PROGRAM TO ALL STATES.
Section 1231(h) of the Food Security Act of 1985 (16 U.S.C. 3831(h)) is
amended--
(1) in paragraph (1), by striking `and 2002' and all that follows
through `South Dakota' and inserting `through 2011 calendar years, the
Secretary shall carry out a program in each State';
(2) in paragraph (3)(C), by striking `--' and all that follows and
inserting `not more than 150,000 acres in any 1 State.'; and
(3) by striking paragraph (2) and redesignating paragraphs (3) through
(5) as paragraphs (2) through (4), respectively.
Subtitle C--Wetlands Reserve Program
SEC. 221. ENROLLMENT.
(a) MAXIMUM- Section 1237(b) of the Food Security Act of 1985 (16 U.S.C.
3837(b)) is amended by striking paragraph (1) and inserting the following:
`(1) ANNUAL ENROLLMENT- In addition to any acres enrolled in the
wetlands reserve program as of the end of a calendar year, the Secretary may
in the succeeding calendar year enroll in the program a number of additional
acres equal to--
`(A) if the succeeding calendar year is calendar year 2002, 150,000;
or
`(B) if the succeeding calendar year is a calendar year after calendar
year 2002--
`(ii) the amount (if any) by which 150,000, multiplied by the number
of calendar years in the period that begins with calendar year 2002 and
ends with the calendar year preceding such succeeding calendar year,
exceeds the total number of acres added to the reserve during the
period.'.
(b) METHODS- Section 1237 of such Act (16 U.S.C. 3837(b)(2)) is
amended--
(1) in subsection (b), by striking paragraph (2) and inserting the
following:
`(2) METHODS OF ENROLLMENT- The Secretary shall enroll acreage into the
wetlands reserve program through the use of easements, restoration cost
share agreements, or both.'; and
(2) by striking subsection (g).
(c) EXTENSION- Section 1237(c) of such Act (16 U.S.C. 3837(c)) is amended
by striking `2002' and inserting `2011'.
SEC. 222. EASEMENTS AND AGREEMENTS.
Section 1237A of the Food Security Act of 1985 (16 U.S.C. 3837a) is
amended--
(1) in subsection (b), by striking paragraph (2) and inserting the
following:
`(2) prohibits the alteration of wildlife habitat and other natural
features of such land, unless specifically permitted by the plan;';
(2) in subsection (e), by striking paragraph (2) and inserting the
following:
`(2) shall be consistent with applicable State law.';
(3) by striking subsection (h).
SEC. 223. DUTIES OF THE SECRETARY.
Section 1237C of the Food Security Act of 1985 (16 U.S.C. 3837c) is
amended by striking subsection (d).
SEC. 224. CHANGES IN OWNERSHIP; AGREEMENT MODIFICATION; TERMINATION.
Section 1237E(a)(2) of the Food Security Act of 1985 (16 U.S.C.
3837e(a)(2)) is amended to read as follows:
`(2) the ownership change occurred due to foreclosure on the land and
the owner of the land immediately before the foreclosure exercises a right
of redemption from the mortgage holder in accordance with State law;
or'.
Subtitle D--Environmental Quality Incentives Program
SEC. 231. PURPOSES.
Section 1240 of the Food Security Act of 1985 (16 U.S.C. 3839aa) is
amended--
(1) by striking `to--' and all that follows through `provides--' and
inserting `to provide--';
(2) by striking `that face the most serious threats to' and inserting
`to address environmental needs and provide benefits to air,';
(3) by redesignating the subparagraphs (A) through (D) that follow the
matter amended by paragraph (2) of this section as paragraphs (1) through
(4), respectively;
(4) by moving each of such redesignated provisions 2 ems to the left;
and
(5) by striking `farmers and ranchers' each place it appears and
inserting `producers'.
SEC. 232. DEFINITIONS.
Section 1240A of the Food Security Act of 1985 (16 U.S.C. 3839aa-1) is
amended--
(A) by inserting `non-industrial private forest land,' before `and
other land'; and
(B) by striking `poses a serious threat' and all that follows and
inserting `provides increased environmental benefits to air, soil, water,
or related resources.'; and
(2) in paragraph (4), by inserting `, including non-industrial private
forestry' before the period.
SEC. 233. ESTABLISHMENT AND ADMINISTRATION.
(a) REAUTHORIZATION- Section 1240B(a)(1) of the Food Security Act of 1985
(16 U.S.C. 3839aa-2(a)(1)) is amended by striking `2002' and inserting
`2011'.
(b) TERM OF CONTRACTS- Section 1240B(b)(2) of such Act (16 U.S.C.
3839aa-2(b)(2)) is amended by striking `not less than 5, nor more than 10,
years' and inserting `not less than 1 year, nor more than 10 years'.
(c) STRUCTURAL PRACTICES- Section 1240B(c)(1)(B) of such Act (16 U.S.C.
3839aa-2(c)(1)(B)) is amended to read as follows:
`(B) achieving the purposes established under this
subtitle.'.
(d) ELIMINATION OF CERTAIN LIMITATIONS ON ELIGIBILITY FOR COST-SHARE
PAYMENTS- Section 1240B(e)(1) of such Act (16 U.S.C. 3839aa-2(e)(1)) is
amended--
(1) by striking subparagraph (B) and redesignating subparagraph (C) as
subparagraph (B); and
(2) in subparagraph (B) (as so redesignated), by striking `or 3'.
(e) INCENTIVE PAYMENTS- Section 1240B of such Act (16 U.S.C. 3839aa-2) is
amended--
(A) in the subsection heading, by striking `, INCENTIVE PAYMENTS,';
and
(B) by striking paragraph (2); and
(2) by redesignating subsections (f) and (g) as subsections (g) and (h),
respectively, and inserting after subsection (e) the following:
`(f) CONSERVATION INCENTIVE PAYMENTS-
`(1) IN GENERAL- The Secretary may make incentive payments in an amount
and at a rate determined by the Secretary to be necessary to encourage a
producer to perform multiple land management practices and to promote the
enhancement of soil, water, wildlife habitat, air, and related
resources.
`(2) SPECIAL RULE- In determining the amount and rate of incentive
payments, the Secretary may accord great weight to those practices that
include residue, nutrient, pest, invasive species, and air quality
management.'.
SEC. 234. EVALUATION OF OFFERS AND PAYMENTS.
Section 1240C of the Food Security Act of 1985 (16 U.S.C. 3839aa-3) is
amended by striking paragraphs (1) through (3) and inserting the following:
`(1) aid producers in complying with this title and Federal and State
environmental laws, and encourage environmental enhancement and
conservation;
`(2) maximize the beneficial usage of animal manure and other similar
soil amendments which improve soil health, tilth, and water-holding
capacity; and
`(3) encourage the utilization of sustainable grazing systems, such as
year-round, rotational, or managed grazing.'.
SEC. 235. ENVIRONMENTAL QUALITY INCENTIVES PROGRAM PLAN.
Section 1240E(a) of the Food Security Act of 1985 (16 U.S.C. 3839aa-5(a))
is amended by striking `that incorporates such conservation practices' and all
that follows and inserting `that provides or will continue to provide
increased environmental benefits to air, soil, water, or related
resources.'.
SEC. 236. DUTIES OF THE SECRETARY.
Section 1240F(3) of the Food Security Act of 1985 (16 U.S.C. 3839aa-6(3))
is amended to read as follows:
`(3) providing technical assistance or cost-share payments for
developing and implementing 1 or more structural practices or 1 or more land
management practices, as appropriate;'.
SEC. 237. LIMITATION ON PAYMENTS.
Section 1240G of the Food Security Act of 1985 (16 U.S.C. 3839aa-7) is
amended--
(A) in paragraph (1), by striking `$10,000' and inserting `$50,000';
and
(B) in paragraph (2), by striking `$50,000' and inserting
`$200,000';
(2) in subsection (b)(2), by striking `the maximization of environmental
benefits per dollar expended and'; and
(3) by striking subsection (c).
SEC. 238. GROUND AND SURFACE WATER CONSERVATION.
Section 1240H of the Food Security Act of 1985 (16 U.S.C. 3839aa-8) is
amended to read as follows:
`SEC. 1240H. GROUND AND SURFACE WATER CONSERVATION.
`(a) SUPPORT FOR CONSERVATION MEASURES- The Secretary shall provide
cost-share payments and low-interest loans to encourage ground and surface
water conservation, including irrigation system improvement, and provide
incentive payments for capping wells, reducing use of water for irrigation,
and switching from irrigation to dryland farming.
`(b) FUNDING- Of the funds of the Commodity Credit Corporation, the
Secretary shall make available the following amounts to carry out this
section:
`(1) $30,000,000 for fiscal year 2002.
`(2) $45,000,000 for fiscal year 2003.
`(3) $60,000,000 for each of fiscal years 2004 through 2011.'.
Subtitle E--Funding and Administration
SEC. 241. REAUTHORIZATION.
Section 1241(a) of the Food Security Act of 1985 (16 U.S.C. 3841(a)) is
amended by striking `2002' and inserting `2011'.
SEC. 242. FUNDING.
Section 1241(b)(1) of the Food Security Act of 1985 (16 U.S.C. 3841(b)(1))
is amended--
(1) by striking `$130,000,000' and all that follows through `2002, for'
and inserting `the following amounts for purposes of';
(2) by striking `subtitle D.' and inserting `subtitle D:'; and
(3) by adding at the end the following:
`(A) $200,000,000 for fiscal year 2001.
`(B) $1,025,000,000 for each of fiscal years 2002 and 2003.
`(C) $1,200,000,000 for each of fiscal years 2004, 2005, and
2006.
`(D) $1,400,000,000 for each of fiscal years 2007, 2008, and
2009.
`(E) $1,500,000,000 for each of fiscal years 2010 and 2011.'.
SEC. 243. ALLOCATION FOR LIVESTOCK PRODUCTION.
Section 1241(b)(2) of the Food Security Act of 1985 (16 U.S.C. 3841(b)(2))
is amended by striking `2002' and inserting `2011'.
SEC. 244. ADMINISTRATION AND TECHNICAL ASSISTANCE.
(a) BROADENING OF EXCEPTION TO ACREAGE LIMITATION- Section 1243(b)(2) of
the Food Security Act of 1985 (16 U.S.C. 3843(b)(2)) is amended by striking
`that--' and all that follows and inserting `that the action would not
adversely affect the local economy of the county.'.
(b) RULES GOVERNING PROVISION OF TECHNICAL ASSISTANCE- Section 1243(d) of
such Act (16 U.S.C. 3843(d)) is amended to read as follows:
`(d) RULES GOVERNING PROVISION OF TECHNICAL ASSISTANCE-
`(1) IN GENERAL- The Secretary shall provide technical assistance under
this title to a producer eligible for such assistance, by providing the
assistance directly or, at the option of the producer, through an approved
third party if available.
`(2) REEVALUATION- The Secretary shall reevaluate the provision of, and
the amount of, technical assistance made available under subchapters B and C
of chapter 1 and chapter 4 of subtitle D.
`(3) CERTIFICATION OF THIRD-PARTY PROVIDERS-
`(A) IN GENERAL- Not later than 6 months after the date of the
enactment of this subsection, the Secretary of Agriculture shall, by
regulation, establish a system for approving persons to provide technical
assistance pursuant to chapter 4 of subtitle D. For purposes of this
paragraph, a person shall be considered approved if they have a memorandum
of understanding regarding the provision of technical assistance in place
with the Secretary.
`(B) EXPERTISE REQUIRED- In prescribing such regulations, the
Secretary shall ensure that persons with expertise in the technical
aspects of conservation planning, watershed planning, environmental
engineering, including commercial entities, nonprofit entities, State or
local governments or agencies, and other Federal agencies, are eligible to
become approved providers of such technical assistance.'.
(1) IN GENERAL- Section 1770(d) of such Act (7 U.S.C. 2276(d)) is
amended--
(A) by striking `or' at the end of paragraph (9);
(B) by striking the period at the end of paragraph (11) and inserting
`; or'; and
(C) by adding at the end the following:
`(12) title XII of this Act.'.
(2) CONFORMING AMENDMENTS- Section 1770(e) of such Act (7 U.S.C.
2276(e)) is amended--
(A) by striking the subsection heading and inserting `EXCEPTIONS';
and
(B) by inserting `, or as necessary to carry out a program under title
XII of this Act as determined by the Secretary' before the
period.
Subtitle F--Other Programs
SEC. 251. PRIVATE GRAZING LAND CONSERVATION ASSISTANCE.
Section 386(d)(1) of the Federal Agriculture Improvement and Reform Act of
1996 (16 U.S.C. 2005b(d)(1)) is amended--
(1) by striking `and' at the end of subparagraph (G);
(2) by striking the period at the end of subparagraph (H) and inserting
`; and'; and
(3) by adding at the end the following new subparagraph:
`(I) encouraging the utilization of sustainable grazing systems, such
as year-round, rotational, or managed grazing.'.
SEC. 252. WILDLIFE HABITAT INCENTIVES PROGRAM.
Subsection (c) of section 387 of the Federal Agriculture Improvement and
Reform Act of 1996 (16 U.S.C. 3836a) is amended to read as follows:
`(c) FUNDING- Of the funds of the Commodity Credit Corporation, the
Secretary of Agriculture shall make available $25,000,000 for each of fiscal
years 2002 through 2011 to carry out this section.'.
SEC. 253. FARMLAND PROTECTION PROGRAM.
(a) REMOVAL OF ACREAGE LIMITATION; EXPANSION OF PURPOSES- Subsection (a)
of section 388 of the Federal Agriculture Improvement and Reform Act of 1996
(16 U.S.C. 3830 note) is amended--
(1) by striking `not less than 170,000, nor more than 340,000 acres of';
and
(2) by inserting `, or agricultural land that contains historic or
archaeological resources,' after `other productive soil'.
(b) FUNDING- Subsection (c) of such section is amended to read as
follows:
`(c) FUNDING- The Secretary shall use not more than $25,000,000 of the
funds of the Commodity Credit Corporation in each of fiscal years 2002 through
2011 to carry out this section.'.
(c) ELIGIBLE ENTITIES- Such section is further amended--
(1) in subsection (a), by striking `a State or local government' and
inserting `an eligible entity'; and
(2) by adding at the end the following:
`(d) DEFINITION OF ELIGIBLE ENTITY- In this section, the term `eligible
entity' means--
`(1) any agency of any State or local government, or federally
recognized Indian tribe, including farmland protection boards and land
resource councils established under State law; and
`(2) any 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), or (iii) 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;
`(C) is described in section 509(a)(2) of that Code; or
`(D) is described in section 509(a)(3) of that Code and is controlled
by an organization described in section 509(a)(2) of that Code.'.
SEC. 254. RESOURCE CONSERVATION AND DEVELOPMENT PROGRAM.
(a) PURPOSE- Section 1528 of the Agriculture and Food Act of 1981 (16
U.S.C. 3451) is amended--
(1) by striking the section heading and all that follows through `SEC.
1528. It is the purpose' and inserting the following:
`SEC. 1528. STATEMENT OF PURPOSE.
(2) by inserting `through designated RC&D councils' before `in rural
areas'.
(b) DEFINITIONS- Section 1529 of such Act (16 U.S.C. 3452) is amended--
(1) by striking the section heading and all that follows through `SEC.
1529. As used in this subtitle--' and inserting the following:
`SEC. 1529. DEFINITIONS.
(A) in the matter preceding subparagraph (A), by inserting `RC&D
council' before `area plan';
(B) in subparagraph (B), by striking `through control of nonpoint
sources of pollution';
(C) in subparagraph (C)--
(i) by striking `natural resources based' and inserting
`resource-based';
(ii) by striking `development of aquaculture,';
(iii) by striking `and satisfaction' and inserting `satisfaction';
and
(iv) by inserting `, food security, economic development, and
education' before the semicolon; and
(D) in subparagraph (D), by striking `other' the 1st place it appears
and inserting `land management';
(3) in paragraph (3), by striking `any State, local unit of government,
or local nonprofit organization' and inserting `the designated RC&D
council';
(4) by striking paragraphs (4) through (6) and inserting the
following:
`(4)(A) The term `financial assistance' means the Secretary may--
`(i) provide funds directly to RC&D councils or associations of
RC&D councils through grants, cooperative agreements, and interagency
agreements that directly implement RC&D area plans; and
`(ii) may join with other federal agencies through interagency
agreements and other arrangements as needed to carry out the program's
purpose.
`(B) Funds may be used for such things as--
`(i) technical assistance;
`(ii) financial assistance in the form of grants for planning,
analysis and feasibility studies, and business plans;
`(iii) training and education; and
`(iv) all costs associated with making such services available to
RC&D councils or RC&D associations.
`(5) The term `RC&D council' means the responsible leadership of the
RC&D area. RC&D councils and associations are non-profit entities
whose members are volunteers and include local civic and elected officials.
Affiliations of RC&D councils are formed in states and regions.';
(5) in paragraph (8), by inserting `and federally recognized Indian
tribes' before the period;
(6) in paragraph (9), by striking `works of improvement' and inserting
`projects';
(7) by redesignating paragraphs (7) through (9) as paragraphs (6)
through (8), respectively; and
(8) by striking paragraph (10) and inserting the following:
`(9) The term `project' means any action taken by a designated RC&D
council that achieves any of the elements identified under paragraph
(1).'.
(c) ESTABLISHMENT AND SCOPE- Section 1530 of such Act (16 U.S.C. 3453) is
amended--
(1) by striking the section heading and all that follows through `SEC.
1530. The Secretary' and inserting the following:
`SEC. 1530. ESTABLISHMENT AND SCOPE.
(2) by striking `the technical and financial assistance necessary to
permit such States, local units of government, and local nonprofit
organizations' and inserting `through designated RC&D councils the
technical and financial assistance necessary to permit such RC&D
Councils'.
(d) SELECTION OF DESIGNATED AREAS- Section 1531 of such Act (16 U.S.C.
3454) is amended by striking the section heading and all that follows through
`SEC. 1531. The Secretary' and inserting the following:
`SEC. 1531. SELECTION OF DESIGNATED AREAS.
(e) AUTHORITY OF SECRETARY- Section 1532 of such Act (16 U.S.C. 3455) is
amended--
(1) by striking the section heading and all that follows through `SEC.
1532. In carrying' and inserting the following:
`SEC. 1532. AUTHORITY OF SECRETARY.
(2) in each of paragraphs (1) and (3)--
(A) by striking `State, local unit of government, or local nonprofit
organization' and inserting `RC&D council'; and
(B) by inserting `RC&D council' before `area plan';
(3) in paragraph (2), by inserting `RC&D council' before `area
plans'; and
(4) in paragraph (4), by striking `States, local units of government,
and local nonprofit organizations' and inserting `RC&D councils or
affiliations of RC&D councils'.
(f) TECHNICAL AND FINANCIAL ASSISTANCE- Section 1533 of such Act (16
U.S.C. 3456) is amended--
(1) by striking the section heading and all that follows through `SEC.
1533. (a) Technical' and inserting the following:
`SEC. 1533. TECHNICAL AND FINANCIAL ASSISTANCE.
(A) by striking `State, local unit of government, or local nonprofit
organization to assist in carrying out works of improvement specified in
an' and inserting `RC&D councils or affiliations of RC&D councils
to assist in carrying out a project specified in a RC&D
council';
(i) by striking `State, local unit of government, or local nonprofit
organization' and inserting `RC&D council or affiliate';
and
(ii) by striking `works of improvement' each place it appears and
inserting `project';
(i) by striking `works of improvement' and inserting `project';
and
(ii) by striking `State, local unit of government, or local
nonprofit organization' and inserting `RC&D council';
(D) in paragraph (3), by striking `works of improvement' and all that
follows and inserting `project concerned is necessary to accomplish and
RC&D council area plan objective;';
(E) in paragraph (4), by striking `the works of improvement provided
for in the' and inserting `the project provided for in the RC&D
council';
(F) in paragraph (5), by inserting `federally recognized Indian tribe'
before `or local' each place it appears; and
(G) in paragraph (6), by inserting `RC&D council' before `area
plan';
(3) in subsection (b), by striking `work of improvement' and inserting
`project'; and
(4) in subsection (c), by striking `any State, local unit of government,
or local nonprofit organization to carry out any' and inserting `RC&D
council to carry out any RC&D council'.
(g) RESOURCE CONSERVATION AND DEVELOPMENT POLICY BOARD- Section 1534 of
such Act (16 U.S.C. 3457) is amended--
(1) by striking the section heading and all that follows through `SEC.
1534. (a) The Secretary' and inserting the following:
`SEC. 1534. RESOURCE CONSERVATION AND DEVELOPMENT POLICY BOARD.
(2) in subsection (b), by striking `seven'.
(h) PROGRAM EVALUATION- Section 1535 of such Act (16 U.S.C. 3458) is
amended--
(1) by striking the section heading and all that follows through `SEC.
1535. The Secretary' and inserting the following:
`SEC. 1535. PROGRAM EVALUATION.
(2) by inserting `with assistance from RC&D councils' before
`provided';
(3) by inserting `federally recognized Indian tribes,' before `local
units'; and
(4) by striking `1986' and inserting `2007'.
(i) LIMITATION ON ASSISTANCE- Section 1536 of such Act (16 U.S.C. 3458) is
amended by striking the section heading and all that follows through `SEC.
1536. The program' and inserting the following:
`SEC. 1536. LIMITATION ON ASSISTANCE.
(j) SUPPLEMENTAL AUTHORITY OF THE SECRETARY- Section 1537 of such Act (16
U.S.C. 3460) is amended--
(1) by striking the section heading and all that follows through `SEC.
1537. The authority' and inserting the following:
`SEC. 1537. SUPPLEMENTAL AUTHORITY OF SECRETARY.
(2) by striking `States, local units of government, and local nonprofit
organizations' and inserting `RC&D councils'.
(i) AUTHORIZATION OF APPROPRIATIONS- Section 1538 of such Act (16 U.S.C.
3461) is amended--
(1) by striking the section heading and all that follows through `SEC.
1538. There are' and inserting the following:
`SEC. 1538. AUTHORIZATION OF APPROPRIATIONS.
(2) by striking `for each of the fiscal years 1996 through 2002'.
SEC. 255. GRASSLAND RESERVE PROGRAM.
(a) IN GENERAL- Chapter 1 of subtitle D of title XII of the Food Security
Act of 1985 (16 U.S.C. 3830-3837f) is amended by adding at the end the
following:
`Subchapter D--Grassland Reserve Program
`SEC. 1238. GRASSLAND RESERVE PROGRAM.
`(a) ESTABLISHMENT- The Secretary, acting through the Natural Resource
Conservation Service, shall establish a grassland reserve program (referred to
in this subchapter as `the program') to assist owners in restoring and
protecting eligible land described in subsection (c).
`(b) ENROLLMENT CONDITIONS-
`(1) IN GENERAL- The Secretary shall enroll in the program, from willing
owners, not less than--
`(A) 100 contiguous acres of land west of the 90th meridian;
or
`(B) 50 contiguous acres of land east of the 90th meridian.
`(2) MAXIMUM ENROLLMENT- The total number of acres enrolled in the
program shall not exceed 1,000,000 acres.
`(3) METHODS OF ENROLLMENT- The Secretary shall enroll land in the
program through--
`(A) permanent easements or 30-year easements;
`(B) in a State that imposes a maximum duration for such an easement,
an easement for the maximum duration allowed under State law; or
`(C) a 30-year rental agreement.
`(c) ELIGIBLE LAND- Land shall be eligible to be enrolled in the program
if the Secretary determines that the land is--
`(1) natural grassland or shrubland;
`(A) is located in an area that has been historically dominated by
natural grassland or shrubland; and
`(B) has potential to serve as habitat for animal or plant populations
of significant ecological value if the land is restored to natural
grassland or shrubland; or
`(3) land that 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 the easement.
`SEC. 1238A. EASEMENTS AND AGREEMENTS.
`(a) IN GENERAL- To be eligible to enroll land in the program, the owner
of the land shall enter into an agreement with the Secretary--
`(1) to grant an easement that runs with the land to the
Secretary;
`(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; and
`(5) to comply with the terms of the easement and restoration
agreement.
`(b) TERMS OF EASEMENT- An easement under subsection (a) shall--
`(A) grazing on the land in a manner that is consistent with
maintaining the viability of natural grass and shrub species indigenous to
that locality;
`(B) haying (including haying for seed production) or mowing, except
during the nesting season for birds in the area that are in significant
decline, as determined by the Natural Resources Conservation Service State
conservationist, or are protected Federal or State law; and
`(C) fire rehabilitation, construction of fire breaks, and fences
(including placement of the posts necessary for fences);
`(A) the production of row crops, fruit trees, vineyards, or any other
agricultural commodity that requires breaking the soil surface;
and
`(B) except as permitted under paragraph (1)(C), the conduct of any
other activities that would disturb the surface of the land covered by the
easement, including--
`(3) include such additional provisions as the Secretary determines are
appropriate to carry out this subchapter or to facilitate the administration
of this subchapter.
`(c) EVALUATION AND RANKING OF EASEMENT APPLICATIONS-
`(1) IN GENERAL- The Secretary, in conjunction with State technical
committees, shall establish criteria to evaluate and rank applications for
easements under this subchapter.
`(2) CRITERIA- In establishing the criteria, the Secretary shall
emphasize support for grazing operations, plant and animal biodiversity, and
grassland and shrubland under the greatest threat of conversion.
`(d) RESTORATION AGREEMENTS-
`(1) IN GENERAL- The Secretary shall prescribe the terms by which
grassland and shrubland subject to an easement under an agreement entered
into under the program shall be restored.
`(2) REQUIREMENTS- The restoration agreement shall describe the
respective duties of the owner and the Secretary (including paying the
Federal share of the cost of restoration and the provision of technical
assistance).
`(1) IN GENERAL- On the violation of the terms or conditions of an
easement or restoration agreement entered into under this section--
`(A) the easement shall remain in force; and
`(B) the Secretary may require the owner to refund all or part of any
payments received by the owner under this subchapter, with interest on the
payments as determined appropriate by the Secretary.
`(2) PERIODIC INSPECTIONS-
`(A) IN GENERAL- After providing notice to the owner, the Secretary
shall conduct periodic inspections of land subject to easements under this
subchapter to ensure that the terms of the easement and restoration
agreement are being met.
`(B) LIMITATION- The Secretary may not prohibit the owner, or a
representative of the owner, from being present during a periodic
inspection.
`SEC. 1238B. DUTIES OF SECRETARY.
`(a) IN GENERAL- In return for the granting of an easement by an owner
under this subchapter, the Secretary shall, in accordance with this
section--
`(1) make easement payments;
`(2) pay the Federal share of the cost of restoration; and
`(3) provide technical assistance to the owner.
`(A) AMOUNT- In return for the granting of an easement by an owner
under this subchapter, the Secretary shall make easement payments to the
owner in an amount equal to--
`(i) in the case of a permanent easement, the fair market value of
the land less the grazing value of the land encumbered by the easement;
and
`(ii) in the case of a 30-year easement or an easement for the
maximum duration allowed under applicable State law, 30 percent of the
fair market value of the land less the grazing value of the land for the
period during which the land is encumbered by the easement.
`(B) SCHEDULE- Easement payments may be provided in not less than 1
payment nor more than 10 annual payments of equal or unequal amount, as
agreed to by the Secretary and the owner.
`(2) RENTAL AGREEMENT PAYMENTS-
`(A) AMOUNT- If an owner enters into a 30-year rental agreement
authorized under section 1238(b)(3)(C), the Secretary shall make
30
annual rental payments to the owner in an amount that equals, to the maximum
extent practicable, the 30-year easement payment amount under paragraph
(1)(A)(ii).
`(B) ASSESSMENT- Not less than once every 5 years throughout the
30-year rental period, the Secretary shall assess whether the value of the
rental payments under subparagraph (A) equals, to the maximum extent
practicable, the 30-year easement payments as of the date of the
assessment.
`(C) ADJUSTMENT- If on completion of the assessment under subparagraph
(B), the Secretary determines that the rental payments do not equal, to
the maximum extent practicable, the value of payments under a 30-year
easement, the Secretary shall adjust the amount of the remaining payments
to equal, to the maximum extent practicable, the value of a 30-year
easement over the entire 30-year rental period.
`(c) FEDERAL SHARE OF COST OF RESTORATION- The Secretary shall make
payments to the owner of not more than 75 percent of the cost of carrying out
measures and practices necessary to restore grassland and shrubland functions
and values.
`(d) TECHNICAL ASSISTANCE-
`(1) IN GENERAL- The Secretary shall provide owners with technical
assistance to execute easement documents and restore the grassland and
shrubland.
`(2) REIMBURSEMENT BY COMMODITY CREDIT CORPORATION- The Commodity Credit
Corporation shall reimburse the Secretary, acting through the Natural
Resources Conservation Service, for not more than 10 percent of the cost of
acquisition of the easement and the Federal share of the cost of restoration
obligated for that fiscal year.
`(e) PAYMENTS TO OTHERS- If an owner that is entitled to a payment under
this subchapter dies, becomes incompetent, is otherwise unable to receive the
payment, or is succeeded by another person who renders or completes the
required performance, the Secretary shall make the payment, in accordance with
regulations promulgated by the Secretary and without regard to any other
provision of law, in such manner as the Secretary determines is fair and
reasonable in light of all the circumstances.
`(f) OTHER PAYMENTS- Easement payments received by an owner under this
subchapter shall be in addition to, and not affect, the total amount of
payments that the owner is otherwise eligible to receive under other Federal
laws.
`SEC. 1238C. ADMINISTRATION.
`(a) DELEGATION TO PRIVATE ORGANIZATIONS-
`(1) IN GENERAL- The Secretary shall permit a private conservation or
land trust organization or a State agency to hold and enforce an easement
under this subchapter, in lieu of the Secretary, if--
`(A) the Secretary determines that granting such permission is likely
to promote grassland and shrubland protection; and
`(B) the owner authorizes the private conservation or land trust or a
State agency to hold and enforce the easement.
`(2) APPLICATION- An organization that desires to hold an easement under
this subchapter shall apply to the Secretary for approval.
`(3) APPROVAL BY SECRETARY- The Secretary shall approve an organization
under this subchapter that is constituted for conservation or ranching
purposes and is competent to administer grassland and shrubland
easements.
`(4) REASSIGNMENT- If an organization holding an easement on land under
this subchapter terminates--
`(A) the owner of the land shall reassign the easement to another
organization described in paragraph (1) or to the Secretary; and
`(B) the owner and the new organization shall notify the Secretary in
writing that a reassignment for termination has been made.
`(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.'.
(b) FUNDING- Section 1241(a)(2) of the Food Security Act of 1985 (16
U.S.C. 3841(a)(2)) is amended by striking `subchapter C' and inserting
`subchapters C and D'.
SEC. 256. FARMLAND STEWARDSHIP PROGRAM.
Subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C.
3830-3839bb) is amended by inserting after chapter 1 (and the matter added by
section 255 of this Act) the following:
`CHAPTER 2--FARMLAND STEWARDSHIP PROGRAM
`SEC. 1238. DEFINITIONS.
`(1) AGREEMENT- The term `agreement' means a service contract authorized
by this chapter.
`(A) IN GENERAL- The term `biofuel' means an energy source derived
from living organisms.
`(B) INCLUSIONS- The term `biofuel' includes--
`(i) plant residue that is harvested, dried, and burned, or further
processed into a solid, liquid, or gaseous fuel;
`(ii) agricultural waste (such as cereal straw, seed hulls, corn
stalks and cobs);
`(iii) native shrubs and herbaceous plants (such as some varieties
of willows and prairie switchgrass); and
`(iv) animal waste (including methane gas that is produced as a
byproduct of animal waste).
`(3) BIOPRODUCT- The term `bioproduct' means a product that is
manufactured or produced--
`(A) by using plant material and plant byproduct (such as glucose,
starch, and protein); and
`(B) to replace a petroleum-based product, additive, or activator used
in the production of
a solvent, paint, adhesive, chemical, or other product (such as tires or
Styrofoam cups).
`(4) CARBON SEQUESTRATION- The term `carbon sequestration' means the
process of providing plant cover to avoid contributing to the greenhouse
effect by--
`(A) removing carbon dioxide from the air; and
`(B) developing a `carbon sink' to retain that carbon
dioxide.
`(5) CONTRACTING AGENCY- The term `contracting agency' means a local
conservation district, resource conservation and development council,
extension service office, state-chartered stewardship entity, nonprofit
organization, local office of the Department, or other participating
government agency that is authorized by the Secretary to enter into farmland
stewardship agreements on behalf of the Secretary.
`(6) ELIGIBLE AGRICULTURAL LAND- The term `eligible agricultural land'
means private land that is in primarily native or natural condition, or that
is classified by the Secretary as cropland, pastureland, grazing land,
timberland, or another similar type of land, that--
`(A) contains wildlife habitat, wetland, or other natural resources;
or
`(B) provides 1 or more benefits to the public, such as--
`(i) conservation of soil, water, and related resources;
`(ii) water quality protection or improvement;
`(iii) control of invasive and exotic species;
`(iv) wetland restoration, development, and protection;
`(v) wildlife habitat development and protection;
`(vi) survival and recovery of listed species or candidate
species;
`(vii) preservation of open spaces or prime, unique, or other
productive farm land;
`(viii) increased participation in Federal agricultural or forestry
programs in an area or region that has traditional under-representation
in those programs;
`(ix) provision of a structure for interstate cooperation to address
ecosystem challenges that affect an area involving 1 or more
States;
`(x) improvements in the ecological integrity of the area, region or
corridor;
`(xi) carbon sequestration;
`(xiii) improvements in the economic viability of
agriculture;
`(xiv) production of biofuels and bioproducts;
`(xv) establishment of experimental or innovative crops;
`(xvi) use of existing crops or crop byproducts in experimental or
innovative ways;
`(xvii) installation of equipment to produce materials that may be
used for biofuels or other bioproducts;
`(xviii) maintenance of experimental or innovative crops until the
earlier of the date on which--
`(I) a viable market is established for those crops;
or
`(II) an agreement terminates; and
`(xix) other similar conservation purposes identified by the
Secretary.
`(7) GERMPLASM- The term `germplasm' means the genetic material of a
germ cell of any life form that is important for food or agricultural
production.
`(8) 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).
`(9) PROGRAM- The term `program' means the farmland stewardship program
established by this chapter.
`(10) PYTOREMEDIATION- The term `pytoremediation' means the use of green
living plant material (including plants that may be harvested and used to
produce biofuel or other bioproduces) to remove contaminants from water and
soil.
`(11) SECRETARY- The term `Secretary' means the Secretary of
Agriculture, acting--
`(A) through the Natural Resources Conservation Service; and
`(B) in cooperation with any applicable agricultural or other agencies
of a State.
`(12) SERVICE CONTRACT- The term `service contract' means a legally
binding agreement between 2 parties under which--
`(A) 1 party agrees to render 1 or more services in accordance with
the terms of the contract; and
`(B) the second party agrees to pay the first party for the each
service rendered.
`SEC. 1238A. ESTABLISHMENT AND PURPOSE OF PROGRAM.
`(1) IN GENERAL- The Secretary shall establish within the Department a
program to be known as the `farmland stewardship program'.
`(2) PURPOSE- The purpose of the program shall be to modify and more
effectively target conservation programs administered by the Secretary to
the specific conservation needs of, and opportunities presented by,
individual parcels of eligible agricultural land.
`(b) RELATION TO OTHER CONSERVATION PROGRAMS- Under the program, the
Secretary may implement, alone or in combination, the features of--
`(1) any conservation program administered by the Secretary; or
`(2) any conservation program administered by another Federal agency or
a State or local government, if implementation by the Secretary--
`(B) is carried out with the consent of the applicable administering
agency or government.
`(3) CONSERVATION ENHANCEMENT PROGRAMS-
`(A) IN GENERAL- States, local governments, Indian tribes, or any
combination of those entities may submit, and the Secretary may approve, a
conservation enhancement program that integrates 1 or more Federal
agriculture and forestry conservation programs and 1 or more State, local,
or private efforts to address, in critical areas and corridors, in a
manner that enhances the conservation benefits of the individual programs
and modifies programs to more effectively address State and local
needs--
`(iii) farm preservation; and
`(iv) any other conservation need.
`(i) IN GENERAL- A conservation enhancement program submitted under
subparagraph (A) shall be designed to provide benefits greater than
benefits that, by reason of any factor described in clause (ii), would
be provided through the individual application of a conservation program
administered by the Secretary.
`(ii) FACTORS- Factors referred to in clause (i)
include--
`(I) conservation commitments of greater duration;
`(II) more intensive conservation benefits;
`(III) integrated treatment of special natural resource problems
(such as preservation and enhancement of natural resource corridors);
and
`(IV) improved economic viability for agriculture.
`(i) DEFINITION OF RESOURCES- In this subparagraph, the term
`resources' means, with respect to any conservation program administered
by the Secretary--
`(I) acreage enrolled under the conservation program;
and
`(II) funding made available to the Secretary to carry out the
conservation program with respect to acreage described in subclause
(I).
`(ii) DETERMINATION- If the Secretary determines that a plan
submitted under subparagraph (A) meets the requirements of subparagraph
(B), the Secretary, in accordance with an agreement, may use not more
than 20 percent of the resources of any conservation program
administered by the Secretary to implement the plan.
`(D) CRP ACREAGE- Acreage enrolled under an approved conservation
reserve enhancement program shall be considered acreage of conservation
reserve program that is committed to conservation reserve enhancement
program.
`(1) IN GENERAL- The program and agreements shall be funded by the
Secretary using--
`(A) the funding authorities of the conservation programs that are
implemented through the use of Farmland Stewardship Agreements for the
conservation purposes listed in Sec. 1238(4)(A) and (B)(i through
x);
`(B) technical assistance in accordance with Sec. 1243(d);
and
`(C) such other funds as are appropriated to carry out the Farmland
Stewardship Program.
`(2) COST SHARING- It shall be a requirement of the Farmland Stewardship
Program that the majority of the funds to carry out the Program must come
from existing conservation programs, which may be Federal, State, regional,
local, or private, that are combined into and made a part of an agreement,
with the balance made up from matching funding contributions made by State,
regional, or local agencies and divisions of government or from private
funding sources. Funds from existing programs may be used only to carry out
the purposes and intents of those programs to the degree that those programs
are made a part of a Farmland Stewardship Agreement. Funding for other
purposes or intents must come from the funds provided under paragraphs
(1)(B) and (1)(C) of subsection (c) or from the matching funding
contributions made by State, regional, or local agencies and divisions of
government or from private funding sources.
`(d) PERSONNEL COSTS- The Secretary shall use the Natural Resources
Conservation Service to carry out the Farmland Stewardship Program in
cooperation with the state department of agriculture or other designated
agency within the state. The role of the Natural Resources Conservation
Services shall be limited to federal oversight of the program. The Natural
Resources Conservation Service shall perform its normal functions with respect
to the conservation programs that it administers. However, it shall play no
role in the assembly of programs administered by other federal agencies into
Farmland Stewardship Agreements.
`(e) STATE LEVEL ADMINISTRATION- The state departments of agriculture
shall have primary responsibility for operating the Farmland Stewardship
Program. A state department of agriculture may choose to operate the program
on its own, may collaborate with another local, state or federal agency,
conservation district or tribe in operating the program, or may delegate
responsibility to another state agency, such as the state department of
natural resources or the state conservation district agency.
The state department of agriculture or designated state agency shall consult
with the agencies with management authority and responsibility for the resources
affected on properties on which Farmland Stewardship Agreements are negotiated
and assembled.
`(1) A state department of agriculture shall submit an application to
the Secretary requesting designation as the `designated state agency' to
operate the Farmland Stewardship Program. If the state department of
agriculture chooses to delegate responsibility to another state agency, the
department of agriculture shall ask the governor to designate another agency
for this purpose and that agency shall submit application to the
Secretary.
`(2) The Secretary shall approve the request for designation as the
`designated state agency' if the agency demonstrates that it has the
capability to implement the Farmland Stewardship Program and attests that it
shall conform with the confidentiality requirements in Sec. 1238B(g). Upon
approval of the request, the Secretary shall enter into a memorandum of
understanding with the designated state agency specifying the state's
responsibilities in carrying out the program and the amount of technical
assistance funds that shall be provided to the state on an annual basis to
operate the program, in accordance with paragraphs (1)(C), (1)(E) and (1)(F)
of subsection (g).
`(f) ANNUAL REPORTS- The designated state agency shall annually submit to
the Secretary and make publicly available a report that describes--
`(1) The progress achieved, the funds expended, the purposes for which
funds were expended and monitoring and evaluating results obtained by local
contracting agencies, and
`(2) The plans and objectives of the State for future activities under
the program.
`(g) TECHNICAL ASSISTANCE-
`(1) Of the funds used from other programs and of funds made available
to carry out the Farmland Stewardship Program for a fiscal year, the
Secretary shall reserve not more than twenty-five percent for the provision
of technical assistance under the Program. Of the funds made
available--
`(A) not more than 1.5% shall be reserved for administration,
coordination and oversight through the Natural Resources Conservation
Service headquarters office;
`(B) not more than 1.5% shall be reserved for the Farmland Stewardship
Council to carry out its duties in cooperation with the State Technical
Committees, as provided under section 1238E;
`(C) not more than 2.0% shall be reserved for administration and
coordination through the designated state agency in the state where the
property is located;
`(D) not more than 1.0% shall be reserved for administration and
coordination through the Natural Resources Conservation Service state
office, in the state where property is located;
`(E) not more than 1.0% shall be reserved for administration and
coordination through the state conservation district agency, unless such
agency is the designated state agency for administering this program, in
which case these funds shall be added to the funds in the next paragraph;
and
`(F) not less than 18% shall be reserved for local technical
assistance, carried out through a designated `contracting agency' and
subcontractors chosen by and working with the contracting agency for
preparing and executing agreements and monitoring, evaluating and
administering agreements for their full term.
`(2) An owner or operator who is receiving a benefit under this chapter
shall be eligible to receive technical assistance in accordance with section
1243(d) to assist the owner or operator in carrying out a contract entered
into under this chapter.
`(h) ENSURING AVAILABILITY OF FUNDS- All amounts required for preparing,
executing, carrying out, monitoring, evaluating and administering an agreement
for its entire term shall be made available by the Federal, State, and local
agencies and private sector entities involved in funding the agreement upon
execution of the agreement.
`SEC. 1238B. USE OF FARMLAND STEWARDSHIP AGREEMENTS.
`(a) AGREEMENTS AUTHORIZED- The Secretary shall carry out the Farmland
Stewardship Program by entering into service contracts as determined by the
Secretary, to be known as farmland stewardship agreements, with the owners or
operators of eligible agricultural land to maintain and protect the natural
and agricultural resources on the land.
`(b) LEGAL BASIS- An agreement shall operate in all respects as a service
contract and, as such, provides the Secretary with the opportunity to hire the
owner or operator of eligible agricultural land as a vendor to perform one or
more specific services for an equitable fee for each service rendered. Any
agency participating in the Farmland Stewardship Program that has the
authority to enter into service contracts and to expend public funds under
such contracts may enter into or participate in the funding of an
agreement.
`(c) BASIC PURPOSES- An agreement with the owner or operator of eligible
agricultural land shall be used--
`(1) to negotiate a mutually agreeable set of guidelines, practices, and
procedures under which conservation practices will be provided by the owner
or operator to protect, maintain, and, where possible, improve, the natural
resources on the land covered by the agreement in return for annual payments
to the owner or operator;
`(2) to enable an owner or operator to participate in one or more of the
conservation programs offered through agencies at all levels of government
and the private sector and, where possible and feasible, comply with permit
requirements and regulations, through a one-stop, one-application
process.
`(3) to implement a conservation program or series of programs where
there is no such program
or to implement conservation management activities where there is no such
activity;
`(4) to expand or maintain conservation practices and resource
management activities to a property where it is not possible at the present
time to negotiate or reach agreement on a public purchase of a fee-simple or
less-than-fee interest in the property for conservation purposes; and
`(5) to negotiate and develop agreements with private owners and
operators to expand or maintain their participation in conservation
activities and programs; to enable them to install or maintain best
management practices (BMPs) and other recommended practices to improve the
compatibility of agriculture, horticulture, silviculture, aquaculture and
equine activities with the environment; and improve compliance with public
health, safety and environmental regulations.
`(d) MODIFICATION OF OTHER CONSERVATION PROGRAM ELEMENTS- If most, but not
all, of the limitations, conditions, policies and requirements of a
conservation program that is implemented in whole, or in part, through the
Farmland Stewardship Program are met with respect to a parcel of eligible
agricultural land, and the purposes to be achieved by the agreement to be
entered into for such land are consistent with the purposes of the
conservation program, then the Secretary may waive any remaining limitations,
conditions, policies or requirements of the conservation program that would
otherwise prohibit or limit the agreement. The Secretary may also grant
requests to--
`(1) establish different or automatic enrollment criteria than otherwise
established by regulation or policy;
`(2) establish different compensation rates to the extent the parties to
the agreement consider justified;
`(3) establish different conservation practice criteria if doing so will
achieve greater conservation benefits;
`(4) provide more streamlined and integrated paperwork
requirements;
`(5) provide for the transfer of conservation program funds to states
with flexible incentives accounts; and
`(6) provide funds for an adaptive management process to monitor the
effectiveness of the Program for wildlife, the protection of natural
resources, economic effectiveness and sustaining the agricultural
economy.
`(7) For a waiver or exception to be considered, a contracting agency or
the designated state agency must--
`(A) Submit a request for a waiver to the Secretary or Administrator
who has responsibility for the program for which a waiver or exception is
being requested. Requests for waivers or exceptions in programs
administered by the United States Department of Agriculture shall be
submitted to the Secretary of Agriculture, while requests for waivers or
exceptions in programs administered by the United States Department of
Interior shall be submitted to the Secretary of Interior and requests for
waivers or exceptions in programs administered by the United States
Environmental Protection Agency shall be submitted to the Administrator of
that Agency, and so forth.
`(i) explain why the property qualifies for participation in the
program;
`(ii) explain why it is necessary or desirable to make an exception
to or waive one or more program limitations, conditions, policies or
requirements;
`(iii) if possible, suggest alternative methods or approaches to
satisfying these limitations, conditions, policies or requirements that
are appropriate for the property in question;
`(iv) request that the Secretary or Administrator grant the
exception or waiver, based on the documentation submitted.
`(C) The Secretary or Administrator may request additional
documentation, or may suggest alternative methods of overcoming program
limitations or obstacles on the property in question, prior to deciding
whether or not to grant a request for an exception or waiver.
`(D) Waivers and exceptions may be granted by a Secretary or
Administrator to allow additional flexibility in tailoring conservation
programs to the specific needs, opportunities and challenges offered by
individual parcels of land, and to remove administrative and regulatory
obstacles that previously may have limited the use of these programs on
eligible agricultural land, or would prevent these programs from being
combined together through a Farmland Stewardship Agreement. Waivers and
exceptions may be granted only if the purposes to be achieved by the
program after the waiver or exception is granted remain consistent with
the purposes for which the program was established.
`(E) The Secretaries and Administrators who receive requests for
waivers or exceptions under this chapter shall respond to these requests
within sixty (60) days of receipt. Decisions on whether to grant a request
shall be rendered within one hundred eighty (180) days of
receipt.
`(e) PROVISIONAL CONTRACTS- Provisional contracts shall be used to provide
payments to private landowners or operators, and to the organization or agency
that will oversee the agreement, while baseline data is gathered, documents
are prepared and the formal agreement is being negotiated. Provisional
contracts shall pay for all technical services required to establish an
agreement. Provisional contracts may be used to establish a Farmland
Stewardship Agreement, or any other type of conservation program, permit or
agreement on private land. Provisional contracts shall be used during a
two-year planning period, which may be extended for up to two additional
periods of six months each by mutual agreement
between the Secretary, the contracting agency and the owner or operator.
`(f) PAYMENTS- Payments to owners and operators shall be made as provided
in the programs that are combined as part of a Farmland Stewardship Agreement.
At the election of the owner or operator, payments may be collected and
combined together by the designated state agency and issued to the owner or
operator in equal annual payments over the term of the agreement. Payments for
other services rendered by the owner or operator shall be made as follows--
`(1) IN GENERAL- Programs that contain term or permanent easements may
be combined into a Farmland Stewardship Agreement. Except for portions of a
property affected by easements, Farmland Stewardship Agreements shall
provide no interest in property and shall be solely contracts for specific
services. The fees paid shall be based on the services provided.
Compensation shall include--
`(A) ANNUAL BASE PAYMENT- All owners or operators enrolled in a
Farmland Stewardship Agreement shall receive an annual base payment, at a
rate to be determined by the Secretary. The annual base payment shall be
considered by the Secretary to be satisfied if the owner or operator
receives annual payments from another conservation program that has been
incorporated into the Farmland Stewardship Agreement. In addition, owners
and operators shall receive--
`(B) DIRECT FEES FOR SERVICES- These fees shall be based on the cost
of providing each service. These fees may be set by adopting private
sector market prices for the performance of similar services or by
competitive bidding. Or, alternatively--
`(C) ANNUAL PER-ACRE STEWARDSHIP FEES- These fees shall be based on
the services provided, or the quantity of benefits provided, with higher
fees for greater benefits that can be quantified. Such values shall be
determined and set by the Secretary. Or, alternatively--
`(D) OTHER INCENTIVES- Other forms of compensation acceptable to an
owner or operator also may be considered. These other forms of
compensation may include federal, state or local tax waivers, credits,
reductions or exclusions; priority processing of permits from state and
local agencies; consolidation of permits from state and local agencies
into a single operating plan; extended-duration permits from state and
local agencies; enhanced eligibility and priority listing for
participation in cost-share programs, loan programs, conservation programs
and permanent conservation easement or public purchase programs; and
priority access to technical assistance services provided by federal and,
where possible, local, regional and state agencies.
`(g) CONFIDENTIALITY OF DATA- All information or data provided to,
obtained by or developed by the Secretary, or any contractor to the Secretary
or the designated state agency, for the purpose of providing technical or
financial assistance to owners or operators in connection with the United
States Department of Agriculture's conservation programs, or in connection
with the Farmland Stewardship Program, shall be--
`(1) Kept confidential by all officers and employees of the Department
and the designated state agency;
`(2) Not released, disclosed, made public or in any manner communicated
to any agency, state or person outside the Department and the designated
state agency; and
`(3) Not subject to any other law that would require the information or
data to be released, disclosed, made public or in any way communicated to
any agency, state or person outside the Department and designated state
agency.
`(4) Any information or data related to an individual farm owner or
operator may be reported only in an anonymous, aggregated form as currently
provided under the Department's National Agricultural Statistic
Services.
`(h) STATE AND LOCAL CONSERVATION PRIORITIES- To the maximum extent
practicable, agreements shall address the conservation priorities established
by the State and locality in which the eligible agricultural land are located.
The Secretary may adopt for this purpose a pre-existing state or regional
conservation plan or strategy that maps economically and ecologically
important land, including a plan developed pursuant to planning requirements
under Title VIII of the 2001 Interior Appropriations Act and Title IX of the
2001 Commerce, Justice, State Appropriations Act.
`(i) WATERSHED ENHANCEMENT- To the extent practicable, the Secretary shall
encourage the development of Farmland Stewardship Program applications on a
watershed basis.
`SEC. 1238C. PARTNERSHIP APPROACH TO PROGRAM.
`(a) AUTHORITY OF SECRETARY EXERCISED THROUGH PARTNERSHIPS- The Secretary
may administer agreements under the Farmland Stewardship Program in
partnership with other Federal, State, and local agencies whose programs are
incorporated into the Program under section 1238A, and in partnership with
state departments of agriculture or other designated state agencies.
`(b) DESIGNATION AND USE OF CONTRACTING AGENCIES- Subject to subsection
(c), the Secretary may authorize a local conservation district, resource
conservation and development council, extension service office,
state-chartered stewardship entity, nonprofit organization, local office of
the Department of Agriculture, or other participating government agency to
enter into and administer agreements under the Program as a contracting agency
on behalf of the Secretary.
`(c) CONDITIONS OF DESIGNATION- The Secretary may designate an eligible
district or office as a contracting agency under subsection (b) only if the
district or office--
`(1) submits a written request for such designation to the
Secretary;
`(2) affirms that it is willing to follow all guidelines for executing
and administering an agreement, as promulgated by the Secretary;
`(3) demonstrates to the satisfaction of the Secretary that it has
established working relationships with owners and operators of eligible
agricultural land, and based on the history of these working relationships,
demonstrates that it has the ability to work with owners and operators of
eligible agricultural land in a cooperative manner;
`(4) affirms its responsibility for preparing all documentation for the
agreement, negotiating its terms with an owner or operator, monitoring
compliance, making annual reports to the Secretary, and administering the
agreement throughout its full term; and
`(5) demonstrates to the satisfaction of the Secretary that it has or
will have the necessary staff resources and expertise to carry out its
responsibilities under paragraphs (3) and (4).
`(d) DELEGATION OF RESPONSIBILITY- The Secretary may delegate
responsibility for reviewing and approving applications from local contracting
agencies to the state department of agriculture or other designated state
agency in the state in which the property is located, provided that the
designated agency follows the criteria for reviewing and approving
applications as established by the Secretary and consults with the agencies
with management authority and responsibility for the resources affected on
properties on which Farmland Stewardship Agreements are negotiated and
assembled.
`SEC. 1238D. PARTICIPATION OF OWNERS AND OPERATORS OF ELIGIBLE AGRICULTURAL
LAND.
`(a) APPLICATION AND APPROVAL PROCESS- To participate in the Farmland
Stewardship Program, an owner or operator of eligible agricultural land
shall--
`(1) submit to the Secretary an application indicating interest in the
Program and describing the owner's or operator's property, its resources,
and their ecological and agricultural values;
`(2) submit to the Secretary the purpose and objectives of the proposed
agreement and a list of services to be provided, or a management plan to be
implemented, or both, under the proposed agreement;
`(3) if the application and list are accepted by the Secretary, enter
into an agreement that details the purpose and objectives of the agreement
and the services to be provided, or management plan to be implemented, or
both, and requires compliance with the other terms of the agreement.
`(b) APPLICATION ON BEHALF OF AN OWNER OR OPERATOR- A designated
contracting agency may submit the application required by subsection (a) on
behalf of an owner or operator if the contracting agency has secured the
consent of the owner or operator to enter into an agreement.
`(c) DELEGATION OF RESPONSIBILITY- The Secretary may delegate
responsibility for reviewing and approving applications from or on behalf of
an owner or operator to the state department of agriculture or other
designated agency in the state in which the property is located, provided that
the designated agency follows the criteria for reviewing and approving
applications as established by the Secretary and consults with the agencies
with management authority and responsibility for the resources affected on
properties on which Farmland Stewardship Agreements are negotiated and
assembled.
`SEC. 1238E. CREATION OF A FARMLAND STEWARDSHIP COUNCIL REGARDING
PROGRAM.
`(a) APPOINTMENT- The Secretary shall appoint an advisory committee to
assist the Secretary in carrying out the Farmland Stewardship Program.
`(b) IN GENERAL- The Committee shall be known as the Farmland Stewardship
Council and shall operate on the federal level in the same manner, with the
same roles and responsibilities and the same membership requirements as
provided in the policies and guidelines governing State Technical Committees
in Subpart B of Part 501 of the United States Department of Agriculture's
directives to the Natural Resources Conservation Service regarding
Conservation Program Delivery.
`(c) DUTIES- The Farmland Stewardship Council shall cooperate in all
respects with the State Technical Committees and Resource Advisory Committees
in each state. In addition to the roles and responsibilities set forth for
these committees, the Farmland Stewardship Council shall assist the Secretary
in--
`(1) drafting such regulations as are necessary to carry out the
Program;
`(2) developing the documents necessary for executing farmland
stewardship agreements;
`(3) developing procedures and guidelines to facilitate partnerships
with other levels of government and nonprofit organizations and assist
contracting agencies in gathering data and negotiating agreements;
`(4) designing criteria to consider applications submitted under
sections 1238C and 1238D;
`(5) providing assistance and training to designated state agencies,
project partners and contracting agencies;
`(6) assisting designated state agencies, project partners and
contracting agencies in combining together other conservation programs into
agreements;
`(7) tailoring the agreements to each individual property;
`(8) developing agreements that are highly flexible and can be used to
respond to and fit in with the conservation needs and opportunities on any
property in the United States;
`(9) developing a methodology for determining a fair market price in
each state for each service rendered by a private owner or operator under a
Farmland Stewardship Agreement;
`(10) developing guidelines for administering the Farmland Stewardship
Program on a national basis that respond to the conservation needs and
opportunities in each state and in each rural community in which Farmland
Stewardship Agreements may be implemented;
`(11) monitoring progress under the agreements; and
`(12) reviewing and recommending possible modifications, additions,
adaptations, improvements, enhancements, or other changes to the Program to
improve the way in which the program operates.
`(d) MEMBERSHIP- The Farmland Stewardship Council shall have the same
membership requirements as the State Technical Committees, except that C
`(1) All participating members must have offices located in the
Washington, D.C. metropolitan area;
`(2) The list of members representing `Federal Agencies and Other Groups
Required by Law' shall be expanded to include all federal agencies whose
programs might be included in Farmland Stewardship Program;
`(3) State agency representation shall be provided by the organizations
located in the Washington, D.C. metropolitan area representing state
agencies and shall include individuals from organizations representing
wetland managers, environmental councils, fish and wildlife agencies,
counties, resource and conservation development councils, state conservation
agencies, state departments of agriculture, state foresters, and governors;
and
`(4) Private Interest Membership shall be comprised of 21 members
representing the principal agricultural commodity groups, farm
organizations, national forestry associations, woodland owners, conservation
districts, rural stewardship organizations, and up to a maximum of six (6)
conservation and environment organizations, including organizations with an
emphasis on wildlife, rangeland management and soil and water
conservation.
`(5) The Secretary shall appoint one of the Private Interest Members to
serve as chair. The Private Interest Members shall appoint another member to
serve as co-chair.
`(6) The Secretary shall follow equal opportunity practices in making
appointments to the Farmland Stewardship Council. To ensure that
recommendations of the Council take into account the needs of the diverse
groups served by the United States Department of Agriculture, membership
will include, to the extent practicable, individuals with demonstrated
ability to represent minorities, women, and persons with disabilities.
`(e) PERSONNEL COSTS- The technical assistance funds designated in Sec.
1238A(g)(1)(B) may be used to provide staff positions and support for the
Farmland Stewardship Council to--
`(1) carry out its duties as provided in subsection (c);
`(2) ensure communication and coordination with all federal agencies,
state organizations and Private Interest Members on the council, and the
constituencies represented by these agencies, organizations and
members;
`(3) ensure communication and coordination with the State Technical
Committees and Resource Advisory Committees in each state;
`(4) solicit input from agricultural producers and owners and operators
of private forestry operations and woodland through the organizations
represented on the council and other organizations, as necessary; and
`(5) take into consideration the needs and interests of producers of
different agricultural commodities and forest products in different regions
of the nation.
`(6) Representatives of federal agencies and state organizations shall
serve without additional compensation, except for reimbursement of travel
expenses and per diem costs which are incurred as a result of their Council
responsibilities and service.
`(7) Payments may be made to the organizations serving as Private
Interest Members for the purposes of providing staff and support to carry
out paragraphs (1) through (5). The amounts and duration of these payments
and the number of staff positions to be created within Private Interest
Member organizations to carry out these duties shall be determined by the
Secretary.
`(f) REPORTS- The Farmland Stewardship Council shall annually submit to
the Secretary and make publicly available a report that describes--
`(1) The progress achieved, the funds expended, the purposes for which
funds were expended and results obtained by the council; and
`(2) The plans and objectives for future activities.
`(g) TERMINATION- The Farmland Stewardship Council shall remain in force
for as long as the Secretary administers the Farmland Stewardship Program,
except that the council will terminate in 2011 unless renewed by Congress in
the next Farm Bill.
`SEC. 1238F. STATE BLOCK GRANT PROGRAM.
`(a) IN GENERAL- The Secretary of Agriculture may provide agricultural
stewardship block grants on an annual basis to state departments of
agriculture as a means of providing assistance and support, cost-share
payments, incentive payments, technical assistance or education to
agricultural producers and owners and operators of agriculture, silviculture,
aquaculture, horticulture or equine operations for environmental enhancements,
best management practices, or air and water quality improvements addressing
resource concerns. Under the block grant program, states shall have maximum
flexibility to--
`(1) Address threats to soil, air, water and related natural resources
including grazing land, wetland and wildlife habitats;
`(2) Comply with state and federal environmental laws;
`(3) Make beneficial, cost-effective changes to cropping systems;
grazing management; nutrient, pest, or irrigation management; land uses; or
other measures needed to conserve and improve soil, water, and related
natural resources; and
`(4) Implement other practices or obtain other services to benefit the
public through Farmland Stewardship Agreements.
`(b) PROGRAM APPLICATION- A state department of agriculture, in
collaboration with other state and local agencies, conservation districts,
tribes, partners or organizations, may submit an application to the Secretary
requesting approval for an agricultural stewardship block grant program. The
Secretary shall approve the grant request if the program proposed by the state
maintains or improves the state's natural resources, and the state has the
capability to implement the agricultural stewardship
program. Upon approval of a stewardship program submitted by a state
department of agriculture, the Secretary shall--
`(1) Allocate funds to the state for administration of the program,
and
`(2) Enter into a memorandum of understanding with the state department
of agriculture specifying the state's responsibilities in carrying out the
program and the amount of the block grant that shall be provided to the
state on an annual basis.
`(c) PARTICIPATION- A state department of agriculture may choose to
operate the block grant program, may collaborate with another local, state or
federal agency, conservation district or tribe in operating the program, or
may delegate responsibility for the program to another local, state or federal
agency, such as the state office of the United States Department of
Agriculture, Natural Resources Conservation Service, or the state conservation
district agency.
`(d) COORDINATION- A state department of agriculture may establish an
agricultural stewardship planning committee, or other advisory body, or expand
the authority of an existing body, to design, develop and implement the
state's agricultural stewardship block grant program. Such planning committee
or advisory committee shall cooperate fully with the Farmland Stewardship
Council established in Sec. 1238E and the State Technical Committee and
Resource Advisory Committee in the state.
`(e) DELIVERY- The state department of agriculture, or other designated
agency, shall administer the stewardship block grants through existing
delivery systems, infrastructure or processes, including contracts,
cooperative agreements, and grants with local, state and federal agencies that
address resource concerns and were prioritized and developed in cooperation
with locally-led advisory groups.
`(f) STRATEGIC PLANS- The state department of agriculture may collaborate
with a local advisory or planning committee to develop a state strategic plan
for the enhancement and protection of land, air, water and wildlife through
resource planning. The state strategic plan shall be submitted to the
Secretary annually in a report on the implementation of projects, activities,
and other measures under the block grant program. In general, state strategic
plans shall include--
`(1) A description of goals and objectives, including outcome-related
goals for designated program activities;
`(2) A description of how the goals and objectives are to be achieved,
including a description of the operational processes, skills and
technologies, and the human capital, information and other resources
required to meet the goals and objectives;
`(3) A description of performance indicators to be used in measuring or
assessing the relevant output service levels and outcomes of the program
activities; and
`(4) A description of the program evaluation to be used in comparing
actual results with established goals and objectives.
`(g) ANNUAL REPORTS- The state department of agriculture shall annually
submit to the Secretary and make publicly available a report that
describes--
`(1) The progress achieved, the funds expended, the purposes for which
funds were expended and monitoring results obtained by the agricultural
stewardship planning committee or local advisory group, where applicable;
and
`(2) The plans and objectives of the State for future activities under
the program.
`(h) COORDINATION WITH FEDERAL AGENCIES- To the maximum extent possible,
the Secretary shall coordinate with other federal departments and agencies to
acknowledge and ensure that the block grant program is consistent with and is
meeting the needs and desired public benefits of other federal programs on a
state-by-state basis.
`(i) PAYMENTS- The agricultural stewardship program may be used as a means
of providing compensation to owners and operators for implementing on-farm
practices that enhance environmental goals. The type of financial assistance
may be in the form of cost-share payments, incentive payments or Farmland
Stewardship Agreements, as determined by guidelines established by the state
department of agriculture and the agricultural stewardship planning
committee.
`(j) PROGRAM EXPENDITURES- States shall have flexibility to target
resources where needed, including the ability to allocate dollars between
payments to owners and operators or technical assistance based upon needs and
priorities.
`(k) METHOD OF PAYMENT- A state department of agriculture may collaborate
with the agricultural stewardship planning committee or other local advisory
group to determine payment levels and methods for individual program
activities and projects, including any conditions, limitations or
restrictions. Payments may be made--
`(1) To compensate for a verifiable or measurable loss;
`(2) Under a binding agreement providing for payments to carry out
specific activities, measures, practices or services prioritized by the
state department of agriculture, the agricultural stewardship planning
committee or a local advisory board; or
`(3) To fund portions of projects and measures to complement other
federal programs, including the Conservation Reserve Program, the
Environmental Quality Incentives Program, the Wetlands Reserve Program, the
Forestry Incentives Program, the Farmland Protection Program, and the
Wildlife Habitat Incentives Program.'.
SEC. 257. SMALL WATERSHED REHABILITATION PROGRAM.
Section 14(h) of the Watershed Protection and Flood Prevention Act (16
U.S.C. 1012(h)) is amended--
(1) by adding `and' at the end of paragraph (1); and
(2) by striking all that follows paragraph (1) and inserting the
following:
`(2) $15,000,000 for fiscal year 2002 and each succeeding fiscal
year.'.
SEC. 258. PROVISION OF ASSISTANCE FOR REPAUPO CREEK TIDE GATE AND DIKE
RESTORATION PROJECT, NEW JERSEY.
Notwithstanding section 403 of the Agricultural Credit Act of 1978 (16
U.S.C. 2203), the Secretary of Agriculture, acting through the Natural
Resources Conservation Service, shall provide assistance for planning and
implementation of the Repaupo Creek Tide Gate and Dike Restoration Project in
the State of New Jersey.
SEC. 259. GRASSROOTS SOURCE WATER PROTECTION PROGRAM.
Section 1256 of the Food Security Act of 1985 (16 U.S.C. 2101 note) is
amended to read as follows:
`SEC. 1256. GRASSROOTS SOURCE WATER PROTECTION PROGRAM.
`(a) IN GENERAL- The Secretary shall establish a national grassroots water
protection program to more effectively use onsite technical assistance
capabilities of each State rural water association that, as of the date of
enactment of the Farm Security Act of 2001, operates a wellhead or groundwater
protection program in the State.
`(b) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated to carry out this section $5,000,000 for each fiscal year.'.
Subtitle G--Repeals
SEC. 261. PROVISIONS OF THE FOOD SECURITY ACT OF 1985.
(a) WETLANDS MITIGATION BANKING PROGRAM- Section 1222 of the Food Security
Act of 1985 (16 U.S.C. 3822) is amended by striking subsection (k).
(b) CONSERVATION RESERVE PROGRAM-
(1) REPEALS- (A) Section 1234(f) of such Act (16 U.S.C. 3834(f)) is
amended by striking paragraph (3) and by redesignating paragraph (4) as
paragraph (3).
(B) Section 1236 of such Act (16 U.S.C. 3836) is repealed.
(2) CONFORMING AMENDMENTS- (A) Section 1232(a)(5) of such Act (16 U.S.C.
3832(a)(5)) is amended by striking `in addition to the remedies provided
under section 1236(d),'.
(B) Section 1234(d)(4) of such Act (16 U.S.C. 3834(d)(4)) is amended by
striking `subsection (f)(4)' and inserting `subsection (f)(3)'.
(c) WETLANDS RESERVE PROGRAM- Section 1237D(c) of such Act (16 U.S.C.
3837d(c)) is amended by striking paragraph (3).
(d) ENVIRONMENTAL EASEMENT PROGRAM-
(1) REPEAL- Chapter 3 of subtitle D of title XII of such Act (16 U.S.C.
3839-3839d) is repealed.
(2) CONFORMING AMENDMENT- Section 1243(b)(3) of such Act (16 U.S.C.
3843(b)(3)) is amended by striking `or 3'.
(e) CONSERVATION FARM OPTION- Chapter 5 of subtitle D of title XII of such
Act (16 U.S.C. 3839bb) is repealed.
SEC. 262. NATIONAL NATURAL RESOURCES CONSERVATION FOUNDATION ACT.
Subtitle F of title III of the Federal Agriculture Improvement and Reform
Act of 1996 (16 U.S.C. 5801-5809) is repealed.
TITLE III--TRADE
SEC. 301. MARKET ACCESS PROGRAM.
Section 211(c)(1) of the Agricultural Trade Act of 1978 (7 U.S.C.
5641(c)(1)) is amended--
(1) by striking `and not more' and inserting `not more';
(2) by inserting `and not more than $180,000,000 for each of fiscal
years 2002 through 2011,' after `2002,'; and
(3) by striking `2002' and inserting `2001'.
SEC. 302. FOOD FOR PROGRESS.
(a) IN GENERAL- Subsections (f)(3), (g), (k), and (l)(1) of section 1110
of the Food Security Act of 1985 (7 U.S.C. 1736o) are each amended by striking
`2002' and inserting `2011'.
(b) INCREASE IN FUNDING- Section 1110(l)(1) of the Food Security Act of
1985 (7 U.S.C. 1736o(l)(1)) is amended--
(1) by striking `2002' and inserting `2011'; and
(2) by striking `$10,000,000' and inserting `$15,000,000.
(c) EXCLUSION FROM LIMITATION- Section 1110(e)(2) of the Food Security Act
of 1985 (7 U.S.C. 1736o(e)(2)) is amended by inserting `, and subsection (g)
does not apply to such commodities furnished on a grant basis or on credit
terms under title I of the Agricultural Trade Development Act of 1954' before
the final period.
(d) TRANSPORTATION COSTS- Section 1110(f)(3) of the Food Security Act of
1985 (7 U.S.C. 1736o(f)(3)) is amended by striking `$30,000,000' and inserting
`$100,000,000'.
(e) AMOUNTS OF COMMODITIES- Section 1110(g) of the Food Security Act of
1985 (7 U.S.C. 1736o(g)) is amended by striking `500,000' and inserting
`1,000,000'.
(f) MULTIYEAR BASIS- Section 1110(j) of the Food Security Act of 1985 (7
U.S.C. 1736o(j)) is amended--
(1) by striking `may' and inserting `is encouraged'; and
(2) by inserting `to' before `approve'.
(g) MONETIZATION- Section 1110(l)(3) of the Food Security Act of 1985 (7
U.S.C. 1736o(l)(3)) is amended by striking `local currencies' and inserting
`proceeds'.
(h) NEW PROVISIONS- Section 1110 of the Food Security Act of 1985 (7
U.S.C. 1736o) is amended by adding at the end the following:
`(p) The Secretary is encouraged to finalize program agreements and
resource requests for programs under this section before the beginning of the
relevant fiscal year. By November 1 of the relevant fiscal year, the Secretary
shall provide to the Committee on Agriculture and the Committee on
International Relations of the House of Representatives, and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a list of approved
programs, countries, and commodities, and the total amounts of funds approved
for transportation and administrative costs, under this section.'.
SEC. 303. SURPLUS COMMODITIES FOR DEVELOPING OR FRIENDLY COUNTRIES.
(a) USE OF CURRENCIES- Section 416(b)(7)(D) of the Agricultural Act of
1949 (7 U.S.C. 1431(b)(7)(D)) is amended--
(1) in clauses (i) and (iii), by striking `foreign currency' each place
it appears;
(A) by striking `Foreign currencies' and inserting `Proceeds';
and
(B) by striking `foreign currency'; and
(A) by striking `Foreign currency proceeds' and inserting
`Proceeds';
(B) by striking `country of origin' the second place it appears and
all that follows through `as necessary to expedite' and inserting `country
of origin as necessary to expedite';
(C) by striking `; or' and inserting a period; and
(D) by striking subclause (II).
(b) IMPLEMENTATION OF AGREEMENTS- Section 416(b)(8)(A) of the Agricultural
Act of 1949 (7 U.S.C. 1431(b)(8)(A)) is amended--
(1) by inserting `(i)' after `(A)'; and
(2) by adding at the end the following new clauses:
`(ii) The Secretary shall publish in the Federal Register, not later than
October 31 of each fiscal year, an estimate of the commodities that shall be
available under this section for that fiscal year.
`(iii) The Secretary is encouraged to finalize program agreements under
this section not later than December 31 of each fiscal year.'.
SEC. 304. EXPORT ENHANCEMENT PROGRAM.
Section 301(e)(1)(G) of the Agricultural Trade Act of 1978 (7 U.S.C.
5651(e)(1)(G)) is amended by inserting `and for each fiscal year thereafter
through fiscal year 2011' after `2002'.
SEC. 305. FOREIGN MARKET DEVELOPMENT COOPERATOR PROGRAM.
(a) IN GENERAL- Section 703 of the Agricultural Trade Act of 1978 (7
U.S.C. 5723) is amended--
(1) by inserting `(a) PRIOR YEARS- ' before `There';
(2) by striking `2002' and inserting `2001'; and
(3) by adding at the end the following new subsection:
`(b) FISCAL 2002 AND LATER- For each of fiscal years 2002 through 2011
there are authorized to be appropriated such sums as may be necessary to carry
out this title, and, in addition to any sums so appropriated, the Secretary
shall use $37,000,000 of the funds of, or an equal value of the commodities
of, the Commodity Credit Corporation to carry out this title.'.
(b) VALUE ADDED PRODUCTS-
(1) IN GENERAL- Section 702(a) of the Agricultural Trade Act of 1978 (7
U.S.C. 5721 et seq.) is amended by inserting `, with a significant emphasis
on the importance of the export of value-added United States agricultural
products into emerging markets' after `products'.
(2) REPORT TO CONGRESS- Section 702 of the Agricultural Trade Act of
1978 (7 U.S.C. 5722) is amended by adding at the end the following:
`(1) IN GENERAL- The Secretary shall report annually to appropriate
congressional committees the amount of funding provided, types of programs
funded, the value added products that have been targeted, and the foreign
markets for those products that have been developed.
`(2) DEFINITION- In this subsection, the term `appropriate congressional
committees' means--
`(A) the Committee on Agriculture and the Committee on International
Relations of the House of Representatives; and
`(B) the Committee on Agriculture, Nutrition, and Forestry and the
Committee on Foreign Relations of the Senate.'.
SEC. 306. EXPORT CREDIT GUARANTEE PROGRAM.
(a) REAUTHORIZATION- Section 211(b)(1) of the Agricultural Trade Act of
1978 (7 U.S.C. 5641(b)(1)) is amended by striking `2002' and inserting
`2011'.
(b) PROCESSED AND HIGH VALUE PRODUCTS- Section 202(k)(1) of the
Agricultural Trade Act of 1978 (7 U.S.C. 5622(k)(1)) is amended by striking `,
2001, and 2002' and inserting `through 2011'.
SEC. 307. FOOD FOR PEACE (PUBLIC LAW 480).
The Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C.
1691 et seq.) is amended--
(1) in section 2 (7 U.S.C. 1691), by striking paragraph (2) and
inserting the following:
`(2) promote broad-based, equitable, and sustainable development,
including agricultural development as well as conflict prevention;';
(2) in section 202(e)(1) (7 U.S.C. 1722(e)(1)), by striking `not less
than $10,000,000, and not more than $28,000,000' and inserting `not less
than 5 percent and not more than 10 percent of such funds';
(3) in section 203(a) (7 U.S.C. 1723(a)), by striking `the recipient
country, or in a country' and inserting `one or more recipient countries, or
one or more countries';
(4) in section 203(c) (7 U.S.C. 1723(c))--
(A) by striking `foreign currency'; and
(B) by striking `the recipient country, or in a country' and inserting
`one or more recipient countries, or one or more countries';
(5) in section 203(d) (7 U.S.C. 1723(d))--
(A) by striking `Foreign currencies' and inserting
`Proceeds';
(i) by striking `income generating' and inserting
`income-generating'; and
(ii) by striking `the recipient country or within a country' and
inserting `one or more recipient countries, or one or more countries';
and
(C) in paragraph (3), by inserting a comma after `invested' and
`used';
(6) in section 204(a) (7 U.S.C. 1724(a))--
(A) by striking `1996 through 2002' and inserting `2002 through 2011';
and
(B) by striking `2,025,000' and inserting `2,250,000';
(7) in section 205(f) (7 U.S.C. 1725(f)), by striking `2002' and
inserting `2011';
(8) by striking section 206 (7 U.S.C. 1726);
(9) in section 207(a) (7 U.S.C. 1726a(a))--
(A) by redesignating paragraph (2) as paragraph (3); and
(B) by striking paragraph (1) and inserting the following:
`(1) RECIPIENT COUNTRIES- A proposal to enter into a non-emergency food
assistance agreement under this title shall identify the recipient country
or countries subject to the agreement.
`(2) TIME FOR DECISION- Not later than 120 days after receipt by the
Administrator of a proposal submitted by an eligible organization under this
title, the Administrator shall make a decision concerning such
proposal.';
(10) in section 208(f), by striking `2002' and inserting `2011';
(11) in section 403 (7 U.S.C. 1733), by inserting after subsection (k)
the following:
`(l) SALES PROCEDURES- Subsections (b) and (h) shall apply to sales of
commodities to generate proceeds for titles II and III of this Act, section
416(b) of the Agricultural Act of 1949, and section 1110 of the Food and
Security Act of 1985. Such sales transactions may be in United States dollars
and other currencies.
`(m) REGULATIONS AND GUIDANCE- As soon as practicable after the date of
enactment of this subsection, the Administrator of the Agency for
International Development and the Secretary shall jointly modify regulations
and guidance of the Administrator and Secretary relating to private voluntary
organizations and cooperatives to--
`(1) reflect performance-based standards;
`(2) eliminate micromanagement; and
`(3) recognize institutional capabilities and best practices.';
(12) in section 407(c)(4), by striking `2001 and 2002' and inserting
`2001 through 2011';
(13) in section 407(c)(1) (7 U.S.C. 1736a(c)(1))--
(A) by striking `The Administrator' and inserting `(A) The
Administrator'; and
(B) by adding at the end the following:
`(B) In the case of commodities made available for nonemergency
assistance under title II for least developed countries that meet the
poverty and other eligibility criteria established by the International Bank
for Reconstruction and Development for financing under the International
Development Association, the Administrator may pay the transportation costs
incurred in moving the commodities from designated points of entry or ports
of entry abroad to storage and distribution sites and associated storage and
distribution costs.'.
(14) in section 408, by striking `2002' and inserting `2011'; and
(15) in section 501(c), by striking `2002' and inserting `2011'.
SEC. 308. EMERGING MARKETS.
Section 1542 of the Food, Agriculture, Conservation, and Trade Act of 1990
(7 U.S.C. 5622 note) is amended--
(1) in subsections (a) and (d)(1)(A)(i), by striking `2002' and
inserting `2011'; and
(2) in subsection (d)(1)(H), by striking `$10,000,000 in any fiscal
year' and inserting `$13,000,000 for each of fiscal years 2002 through
2011'.
SEC. 309. BILL EMERSON HUMANITARIAN TRUST.
Subsections (b)(2)(B)(i), (h)(1), and (h)(2) of section 302 of the Bill
Emerson Humanitarian Trust Act (7 U.S.C. 1736f-1) are each amended by striking
`2002' and inserting `2011'.
SEC. 310. TECHNICAL ASSISTANCE FOR SPECIALTY CROPS.
(a) ESTABLISHMENT- The Secretary of Agriculture shall establish an export
assistance program (referred to in this section as the `program') to address
unique barriers that prohibit or threaten the export of United States
specialty crops.
(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.
(c) PRIORITY- The program shall address time sensitive and strategic
market access projects based on--
(1) trade effect on market retention, market access, and market
expansion; and
(d) FUNDING- The Secretary shall make available $3,000,000 for each of
fiscal years 2002 through 2011 of the funds of, or an equal value of
commodities owned by, the Commodity Credit Corporation.
SEC. 311. FARMERS FOR AFRICA AND CARIBBEAN BASIN PROGRAM.
(a) FINDINGS- Congress finds the following:
(1) Many African farmers and farmers in Caribbean Basin countries use
antiquated techniques to produce their crops, which result in poor crop
quality and low crop yields.
(2) Many of these farmers are losing business to farmers in European and
Asian countries who use advanced planting and production techniques and are
supplying agricultural produce to restaurants, resorts, tourists, grocery
stores, and other consumers in Africa and Caribbean Basin countries.
(3) A need exists for the training of African farmers and farmers in
Caribbean Basin countries and other developing countries in farming
techniques that are appropriate for the majority of eligible farmers in
African or Caribbean countries, including standard growing practices,
insecticide and sanitation procedures, and other farming methods that
will
produce increased yields of more nutritious and healthful crops.
(4) African-American and other American farmers, as well as banking and
insurance professionals, are a ready source of agribusiness expertise that
would be invaluable for African farmers and farmers in Caribbean Basin
countries.
(5) A United States commitment is appropriate to support the development
of a comprehensive agricultural skills training program for these farmers
that focuses on--
(A) improving knowledge of insecticide and sanitation procedures to
prevent crop destruction;
(B) teaching modern farming techniques, including the identification
and development of standard growing practices and the establishment of
systems for recordkeeping, that would facilitate a continual analysis of
crop production;
(C) the use and maintenance of farming equipment that is appropriate
for the majority of eligible farmers in African or Caribbean Basin
countries;
(D) expansion of small farming operations into agribusiness
enterprises through the development and use of village banking systems and
the use of agricultural risk insurance pilot products, resulting in
increased access to credit for these farmers; and
(E) marketing crop yields to prospective purchasers (businesses and
individuals) for local needs and export.
(6) The participation of African-American and other American farmers and
American agricultural farming specialists in such a training program
promises the added benefit of improving access to African and Caribbean
Basin markets for American farmers and United States farm equipment and
products and business linkages for United States insurance providers
offering technical assistance on, among other things, agricultural risk
insurance products.
(7) Existing programs that promote the exchange of agricultural
knowledge and expertise through the exchange of American and foreign farmers
have been effective in promoting improved agricultural techniques and food
security, and, thus, the extension of additional resources to such
farmer-to- farmer exchanges is warranted.
(b) DEFINITIONS- In this section:
(1) AGRICULTURAL FARMING SPECIALIST- The term `agricultural farming
specialist' means an individual trained to transfer information and
technical support relating to agribusiness, food security, the mitigation
and alleviation of hunger, the mitigation of agricultural and farm risk,
maximization of crop yields, agricultural trade, and other needs specific to
a geographical location as determined by the President.
(2) CARIBBEAN BASIN COUNTRY- The term `Caribbean Basin country' means a
country eligible for designation as a beneficiary country under section 212
of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2702).
(3) ELIGIBLE FARMER- The term `eligible farmer' means an individual
owning or working on farm land (as defined by a particular country's laws
relating to property) in the sub-Saharan region of the continent of Africa,
in a Caribbean Basin country, or in any other developing country in which
the President determines there is a need for farming expertise or for
information or technical support described in paragraph (1).
(4) PROGRAM- The term `Program' means the Farmers for Africa and
Caribbean Basin Program established under this section.
(c) ESTABLISHMENT OF PROGRAM- The President shall establish a grant
program, to be known as the `Farmers for Africa and Caribbean Basin Program',
to assist eligible organizations in carrying out bilateral exchange programs
whereby African-American and other American farmers and American agricultural
farming specialists share technical knowledge with eligible farmers
regarding--
(1) maximization of crop yields;
(2) use of agricultural risk insurance as financial tools and a means of
risk management (as allowed by Annex II of the World Trade Organization
rules);
(3) expansion of trade in agricultural products;
(4) enhancement of local food security;
(5) the mitigation and alleviation of hunger;
(6) marketing agricultural products in local, regional, and
international markets; and
(7) other ways to improve farming in countries in which there are
eligible farmers.
(d) ELIGIBLE GRANTEES- The President may make a grant under the Program
to--
(1) a college or university, including a historically black college or
university, or a foundation maintained by a college or university; and
(2) a private organization or corporation, including grassroots
organizations, with an established and demonstrated capacity to carry out
such a bilateral exchange program.
(e) TERMS OF PROGRAM- (1) It is the goal of the Program that at least
1,000 farmers participate in the training program by December 31, 2005, of
which 80 percent of the total number of participating farmers will be African
farmers or farmers in Caribbean Basin countries and 20 percent of the total
number of participating farmers will be American farmers.
(2) Training under the Program will be provided to eligible farmers in
groups to ensure that information is shared and passed on to other eligible
farmers. Eligible farmers will be trained to be specialists in their home
communities and will be encouraged not to retain enhanced farming technology
for their own personal enrichment.
(3) Through partnerships with American businesses, the Program will
utilize the commercial industrial capability of businesses dealing in
agriculture to train eligible farmers on farming equipment that is appropriate
for the majority of eligible farmers in African or Caribbean Basin
countries and to introduce eligible farmers to the use of insurance as a risk
management tool.
(f) SELECTION OF PARTICIPANTS- (1) The selection of eligible farmers, as
well as African-American and other American farmers and agricultural farming
specialists, to participate in the Program shall be made by grant recipients
using an application process approved by the President.
(2) Participating farmers must have sufficient farm or agribusiness
experience and have obtained certain targets regarding the productivity of
their farm or agribusiness.
(g) GRANT PERIOD- The President may make grants under the Program during a
period of 5 years beginning on October 1 of the first fiscal year for which
funds are made available to carry out the Program.
(h) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated to carry out this section $25,000,000 for each of fiscal years
2002 through 2011.
SEC. 312. GEORGE MCGOVERN-ROBERT DOLE INTERNATIONAL FOOD FOR EDUCATION AND
CHILD NUTRITION PROGRAM.
(a) IN GENERAL- The President may, subject to subsection (j), direct the
procurement of commodities and the provision of financial and technical
assistance to carry out--
(1) preschool and school feeding programs in foreign countries to
improve food security, reduce the incidence of hunger, and improve literacy
and primary education, particularly with respect to girls; and
(2) maternal, infant, and child nutrition programs for pregnant women,
nursing mothers, infants, and children who are 5 years of age or
younger.
(b) ELIGIBLE COMMODITIES AND COST ITEMS- Notwithstanding any other
provision of law--
(1) any agricultural commodity is eligible for distribution under this
section;
(2) as necessary to achieve the purposes of this section--
(A) funds may be used to pay the transportation costs incurred in
moving commodities (including prepositioned commodities) provided under
this section from the designated points of entry or ports of entry of one
or more recipient countries to storage and distribution sites in these
countries, and associated storage and distribution costs;
(B) funds may be used to pay the costs of activities conducted in the
recipient countries by a nonprofit voluntary organization, cooperative, or
intergovernmental agency or organization that would enhance the
effectiveness of the activities implemented by such entities under this
section; and
(C) funds may be provided to meet the allowable administrative
expenses of private voluntary organizations, cooperatives, or
intergovernmental organizations which are implementing activities under
this section; and
(3) for the purposes of this section, the term `agricultural
commodities' includes any agricultural commodity, or the products thereof,
produced in the United States.
(c) GENERAL AUTHORITIES- The President shall designate one or more Federal
agencies to--
(1) implement the program established under this section;
(2) ensure that the program established under this section is consistent
with the foreign policy and development assistance objectives of the United
States; and
(3) consider, in determining whether a country should receive assistance
under this section, whether the government of the country is taking concrete
steps to improve the preschool and school systems in its country.
(d) ELIGIBLE RECIPIENTS- Assistance may be provided under this section to
private voluntary organizations, cooperatives, intergovernmental
organizations, governments and their agencies, and other organizations.
(1) IN GENERAL- In carrying out subsection (a) the President shall
assure that procedures are established that--
(A) provide for the submission of proposals by eligible recipients,
each of which may include one or more recipient countries, for commodities
and other assistance under this section;
(B) provide for eligible commodities and assistance on a multi-year
basis;
(C) ensure eligible recipients demonstrate the organizational capacity
and the ability to develop, implement, monitor, report on, and provide
accountability for activities conducted under this section;
(D) provide for the expedited development, review, and approval of
proposals submitted in accordance with this section;
(E) ensure monitoring and reporting by eligible recipients on the use
of commodities and other assistance provided under this section;
and
(F) allow for the sale or barter of commodities by eligible recipients
to acquire funds to implement activities that improve the food security of
women and children or otherwise enhance the effectiveness of programs and
activities authorized under this section.
(2) PRIORITIES FOR PROGRAM FUNDING- In carrying out paragraph (1) with
respect to criteria for determining the use of commodities and other
assistance provided for programs and activities authorized under this
section, the implementing agency may consider the ability of eligible
recipients to--
(A) identify and assess the needs of beneficiaries, especially
malnourished or undernourished mothers and their children who are 5 years
of age or younger, and school-age children who are malnourished,
undernourished, or do not regularly attend school;
(B)(i) in the case of preschool and school-age children, target
low-income areas where children's enrollment and attendance in school is
low or girls' enrollment and participation in preschool or school is low,
and incorporate developmental objectives for improving literacy and
primary education, particularly with respect to girls; and
(ii) in the case of programs to benefit mothers and children who are 5
years of age or younger, coordinate supplementary feeding and nutrition
programs with existing or newly-established maternal, infant, and children
programs that provide health-needs interventions, and which may include
maternal, prenatal, and postnatal and newborn care;
(C) involve indigenous institutions as well as local communities and
governments in the development and implementation to foster local capacity
building and leadership; and
(D) carry out multiyear programs that foster local self-sufficiency
and ensure the longevity of recipient country programs.
(f) USE OF FOOD AND NUTRITION SERVICE- The Food and Nutrition Service of
the Department of Agriculture may provide technical advice on the
establishment of programs under subsection (a)(1) and on their implementation
in the field in recipient countries.
(g) MULTILATERAL INVOLVEMENT- The President is urged to engage existing
international food aid coordinating mechanisms to ensure multilateral
commitments to, and participation in, programs like those supported under this
section. The President shall report annually to the Committee on International
Relations and the Committee on Agriculture of the United States House of
Representatives and the Committee on Foreign Relations and the Committee on
Agriculture, Nutrition, and Forestry of the United States Senate on the
commitments and activities of governments, including the United States
government, in the global effort to reduce child hunger and increase school
attendance.
(h) PRIVATE SECTOR INVOLVEMENT- The President is urged to encourage the
support and active involvement of the private sector, foundations, and other
individuals and organizations in programs assisted under this section.
(i) REQUIREMENT TO SAFEGUARD LOCAL PRODUCTION AND USUAL MARKETING- The
requirement of section 403(a) of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1733(a) and 1733(h)) applies with respect to
the availability of commodities under this section.
(1) IN GENERAL- There are authorized to be appropriated such sums as may
be necessary to carry out this section for each of fiscal years 2002 through
2011. Nothing in this section shall be interpreted to preclude the use of
authorities in effect before the date of the enactment of this Act to carry
out the ongoing Global Food for Education Initiative.
(2) ADMINISTRATIVE EXPENSES- Funds made available to carry out the
purposes of this section may be used to pay the administrative expenses of
any agency of the Federal Government implementing or assisting in the
implementation of this section.
SEC. 313. STUDY ON FEE FOR SERVICES.
(a) STUDY- Not later than 1 year after the date of the enactment of this
Act, the Secretary shall provide a report to the designated congressional
committees on the feasibility of instituting a program which would charge and
retain a fee to cover the costs for providing persons with commercial services
performed abroad on matters within the authority of the Department of
Agriculture administered through the Foreign Agriculture Service or any
successor agency.
(b) DEFINITION- In this section, the term `designated congressional
committees' means the Committee on Agriculture and the Committee on
International Relations of the House of Representatives and the Committee on
Agriculture, Nutrition and Forestry of the Senate.
SEC. 314. NATIONAL EXPORT STRATEGY REPORT.
(a) REPORT- Not later than 1 year after the date of the enactment of this
Act, the Secretary of Agriculture shall provide to the designated
congressional committees a report on the policies and programs that the
Department of Agriculture has undertaken to implement the National Export
Strategy Report. The report shall contain a description of the effective
coordination of these policies and programs through all other appropriate
Federal agencies participating in the Trade Promotion Coordinating Committee
and the steps the Department of Agriculture is taking to reduce the level of
protectionism in agricultural trade, to foster market growth, and to improve
the commercial potential of markets in both developed and developing countries
for United States agricultural commodities.
(b) DEFINITION- In this section, the term `designated congressional
committees' means the Committee on Agriculture and the Committee on
International Relations of the House of Representatives and the Committee on
Agriculture, Nutrition and Forestry of the Senate.
TITLE IV--NUTRITION PROGRAMS
Subtitle A--Food Stamp Program
SEC. 401. SIMPLIFIED DEFINITION OF INCOME.
Section 5(d) of the Food Stamp Act of 1977 (7 U.S.C. 2014(d)) is
amended--
(A) by striking `and (C)' and inserting `(C)'; and
(B) by inserting after `premiums,' the following:
`and (D) to the extent that any other educational loans on which payment
is deferred, grants, scholarships, fellowships, veterans' educational
benefits, and the like, are required to be excluded under title XIX of the
Social Security Act, the state agency may exclude it under this
subsection,';
(2) by striking `and (15)' and inserting `(15)';
(3) by inserting before the period at the end the following:
`, (16) any state complementary assistance program payments that are
excluded pursuant to subsections (a) and (b) of section 1931 of title XIX of
the Social Security Act, and (17) at the option of the State agency, any types
of income that the State agency does not consider when determining eligibility
for cash assistance under a program funded under part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.) or medical assistance under
section 1931 of the Social Security Act (42 U.S.C. 1396u-1), except that this
paragraph shall not authorize a State agency to exclude earned income,
payments under title I, II, IV, X, XIV, or XVI of the Social Security Act, or
such other types of income whose consideration the Secretary determines
essential to equitable determinations of eligibility and benefit levels except
to the extent that those types of income may be excluded under other
paragraphs of this subsection'.
SEC. 402. STANDARD DEDUCTION.
Section 5(e)(1) of the Food Stamp Act of 1977 (7 U.S.C. 2014(e)(1)) is
amended--
(1) by striking `of $134, $229, $189, $269, and $118' and inserting
`equal to 9.7 percent of the eligibility limit established under section
5(c)(1) for fiscal year 2002 but not more than 9.7 percent of the
eligibility limit established under section 5(c)(1) for a household of six
for fiscal year 2002 nor less than $134, $229, $189, $269, and $118';
and
(2) by inserting before the period at the end the following:
`, except that the standard deduction for Guam shall be determined with
reference to 2 times the eligibility limits under section 5(c)(1) for fiscal
year 2002 for the 48 contiguous states and the District of Columbia'.
SEC. 403. TRANSITIONAL FOOD STAMPS FOR FAMILIES MOVING FROM WELFARE.
(a) IN GENERAL- Section 11 of the Food Stamp Act of 1977 (7 U.S.C. 2020)
is amended by adding at the end the following:
`(s) TRANSITIONAL BENEFITS OPTION-
`(1) IN GENERAL- A State may provide transitional food stamp benefits to
a household that is no longer eligible to receive cash assistance under a
State program funded under part A of title IV of the Social Security Act (42
U.S.C. 601 et seq.).
`(2) TRANSITIONAL BENEFITS PERIOD- Under paragraph (1), a household may
continue to receive food stamp benefits for a period of not more than 6
months after the date on which cash assistance is terminated.
`(3) AMOUNT- During the transitional benefits period under paragraph
(2), a household shall receive an amount equal to the allotment received in
the month immediately preceding the date on which cash assistance is
terminated. A household receiving benefits under this subsection may apply
for recertification at any time during the transitional benefit period. If a
household reapplies, its allotment shall be determined without regard to
this subsection for all subsequent months.
`(4) DETERMINATION OF FUTURE ELIGIBILITY- In the final month of the
transitional benefits period under paragraph (2), the State agency
may--
`(A) require a household to cooperate in a redetermination of
eligibility to receive an authorization card; and
`(B) renew eligibility for a new certification period for the
household without regard to whether the previous certification period has
expired.
`(5) LIMITATION- A household sanctioned under section 6, or for a
failure to perform an action required by Federal, State, or local law
relating to such cash assistance program, shall not be eligible for
transitional benefits under this subsection.'.
(b) CONFORMING AMENDMENTS- (1) Section 3(c) of the Food Stamp Act of 1977
(7 U.S.C. 2012(c)) is amended by adding at the end the following: `The limits
in this section may be extended until the end of any transitional benefit
period established under section 11(s).'.
(2) Section 6(c) of the Food Stamp Act of 1977 (7 U.S.C. 2015(c)) is
amended by striking `No household' and inserting `Except in a case in which a
household is receiving transitional benefits during the transitional benefits
period under section 11(s), no household'.
SEC. 404. QUALITY CONTROL SYSTEMS.
(a) TARGETED QUALITY CONTROL SYSTEM- Section 16(c) of the Food Stamp Act
of 1977 (7 U.S.C. 2025(c)) is amended--
(1) in paragraph (1)(C)--
(A) in the matter preceding clause (i), by inserting `the Secretary
determines that a 95 percent statistical probability exists that for the
3d consecutive year' after `year in which'; and
(B) in clause (i)(II)(aa)(bbb) by striking `the national performance
measure for the fiscal year' and inserting `10 percent';
(2) in the 1st sentence of paragraph (4)--
(A) by striking `or claim' and inserting `claim'; and
(B) by inserting `or performance under the measures established under
paragraph (10),' after `for payment error,';
(3) in paragraph (5), by inserting `to comply with paragraph (10) and'
before `to establish';
(4) in the 1st sentence of paragraph (6), by inserting `one percentage
point more than' after `measure that shall be'; and
(5) by inserting at the end the following:
`(10)(A) In addition to the measures established under paragraph (1), the
Secretary shall measure the performance of State agencies in each of the
following regards--
`(i) compliance with the deadlines established under paragraphs (3) and
(9) of section 11(e); and
`(ii) the percentage of negative eligibility decisions that are made
correctly.
`(B) For each fiscal year, the Secretary shall make excellence bonus
payments of $1,000,000 each to the 5 States with the highest combined
performance in the 2 measures in subparagraph (A) and to the 5 States whose
combined performance under the 2 measures in subparagraph (A) most improved
in such fiscal year.
`(C) For any fiscal year in which the Secretary determines that a 95
percent statistical probability exists that a State agency's performance with
respect to any of the 2 performance measures established in subparagraph (A)
is substantially worse than a level the Secretary deems reasonable, other than
for good cause shown, the Secretary shall investigate that State agency's
administration of the food stamp program. If this investigation determines
that the State's administration has been deficient, the Secretary shall
require the State agency to take prompt corrective action.'.
(b) IMPLEMENTATION- The amendment made by subsection (a)(5) shall apply to
all fiscal years beginning on or after October 1, 2001, and ending before
October 1, 2007. All other amendments made by this section shall apply to all
fiscal years beginning on or after October 1, 1999.
SEC. 405. SIMPLIFIED APPLICATION AND ELIGIBILITY DETERMINATION SYSTEMS.
Section 16 of the Food Stamp Act of 1977 (7 U.S.C. 2025) is amended by
inserting at the end the following:
`(l) SIMPLIFICATION OF SYSTEMS- The Secretary shall expend up to
$9,500,000 million in each fiscal year to pay 100 percent of the costs of
State agencies to develop and implement simple application and eligibility
determination systems.'.
SEC. 406. AUTHORIZATION OF APPROPRIATIONS.
(a) EMPLOYMENT AND TRAINING PROGRAMS- Section 16(h)(1) of the Food Stamp
Act of 1977 (7 U.S.C. 2025(h)(1)) is amended--
(1) in subparagraph (A)(vii) by striking `fiscal year 2002' and
inserting `each of the fiscal years 2003 through 2011'; and
(2) in subparagraph (B) by striking `2002' and inserting `2011'.
(b) COST ALLOCATION- Section 16(k)(3) of the Food Stamp Act of 1977 (7
U.S.C. 2025(k)(3)) is amended--
(1) in subparagraph (A) by striking `2002' and inserting `2011';
and
(2) in subparagraph (B)(ii) by striking `2002' and inserting
`2011'.
(c) CASH PAYMENT PILOT PROJECTS- Section 17(b)(1)(B)(vi) of the Food Stamp
Act of 1977 (7 U.S.C. 2026(b)(1)(B)(vi)) is amended by striking `2002' and
inserting `2011'.
(d) OUTREACH DEMONSTRATION PROJECTS- Section 17(i)(1)(A) of the Food Stamp
Act of 1977 (7 U.S.C. 2026(i)(1)(A)) is amended by striking `1992 through
2002' and inserting `2003 through 2011'.
(e) AUTHORIZATION OF APPROPRIATIONS- Section 18(a)(1) of the Food Stamp
Act of 1977 (7 U.S.C. 2027(a)(1)) is amended by striking `1996 through 2002'
and inserting `2003 through 2011'.
(f) PUERTO RICO- Section 19(a)(1) of the Food Stamp Act of 1977 (7 U.S.C.
2028(a)(1)) is amended--
(1) in subparagraph (A)--
(A) in clause (ii) by striking `and' at the end;
(B) in clause (iii) by adding `and' at the end; and
(C) by inserting after clause (iii) the following:
`(iv) for each of fiscal years 2003 through 2011, the amount equal to
the amount required to be paid under this subparagraph for the preceding
fiscal year, as adjusted by the percentage by which the thrifty food plan is
adjusted under section 3(o)(4) for the current fiscal year for which the
amount is determined under this clause;'; and
(2) in subparagraph (B)--
(A) by inserting `(i)' after `(B)'; and
(B) by adding at the end the following:
`(ii) Notwithstanding subparagraph (A) and clause (i), the Commonwealth
may spend up to $6,000,000 of the amount required under subparagraph (A) to be
paid for fiscal year 2002 to pay 100 percent of the cost to upgrade and
modernize the electronic data processing system used to provide such food
assistance and to implement systems to simplify the determination of
eligibility to receive such assistance.'.
(g) TERRITORY OF AMERICAN SAMOA- Section 24 of the Food Stamp Act of 1977
(7 U.S.C. 2033) is amended--
(1) by striking `Effective October 1, 1995, from' and inserting `From';
and
(2) by striking `$5,300,000 for each of fiscal years 1996 through 2002'
and inserting `$5,750,000 for fiscal year 2002 and $5,800,000 for each of
fiscal years 2003 though 2011'.
(h) ASSISTANCE FOR COMMUNITY FOOD PROJECTS- Section 25(b)(2) of the Food
Stamp Act of 1977 (7 U.S.C. 2034(b)(2)) is amended--
(1) in subparagraph (A) by striking `and' at the end;
(2) in subparagraph (B)--
(A) by striking `2002' and inserting `2001'; and
(B) by striking the period at the end and inserting `; and';
and
(3) by inserting after subparagraph (B) the following:
`(C) $7,500,000 for each of the fiscal years 2002 through
2011.'.
(i) AVAILABILITY OF COMMODITIES FOR THE EMERGENCY FOOD ASSISTANCE PROGRAM-
Section 27 of the Food Stamp Act of 1977 (7 U.S.C. 2036) is amended--
(A) by striking `1997 through 2002' and inserting `2002 through 2011';
and
(B) by striking `$100,000,000' and inserting `$140,000,000';
and
(2) by adding at the end the following:
`(c) USE OF FUNDS FOR RELATED COSTS- For each of the fiscal years 2002
through 2011, the Secretary shall use $10,000,000 of the funds made available
under subsection (a) to pay for the direct and indirect costs of the States
related to the processing, storing, transporting, and distributing to eligible
recipient agencies of commodities purchased by the Secretary under such
subsection and commodities secured from other sources, including commodities
secured by gleaning (as defined in section
111 of the Hunger Prevention Act of 1988 (7 U.S.C. 612c note)).'.
(j) SPECIAL EFFECTIVE DATE- The amendments made by subsections (g), (h),
and (i) shall take effect on October 1, 2001.
Subtitle B--Commodity Distribution
SEC. 441. DISTRIBUTION OF SURPLUS COMMODITIES TO SPECIAL NUTRITION
PROJECTS.
Section 1114(a) of the Agriculture and Food Act of 1981 (7 U.S.C. 1431e)
is amended by striking `2002' and inserting `2011'.
SEC. 442. COMMODITY SUPPLEMENTAL FOOD PROGRAM.
The Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note)
is amended--
(1) in section 4(a) by striking `1991 through 2002' and inserting `2003
through 2011'; and
(2) in subsections (a)(2) and (d)(2) of section 5 by striking `1991
through 2002' and inserting `2003 through 2011'.
SEC. 443. EMERGENCY FOOD ASSISTANCE.
The 1st sentence of section 204(a)(1) of the Emergency Food Assistance Act
of 1983 (7 U.S.C. 7508(a)(1)) is amended--
(1) by striking `1991 through 2002' and inserting `2003 through
2011';
(2) by striking `administrative'; and
(3) by inserting `storage,' after `processing,'.
Subtitle C--Miscellaneous Provisions
SEC. 461. HUNGER FELLOWSHIP PROGRAM.
(a) SHORT TITLE; FINDINGS-
(1) SHORT TITLE- This section may be cited as the `Congressional Hunger
Fellows Act of 2001'.
(2) FINDINGS- The Congress finds as follows:
(A) There is a critical need for compassionate individuals who are
committed to assisting people who suffer from hunger as well as a need for
such individuals to initiate and administer solutions to the hunger
problem.
(B) Bill Emerson, the distinguished late Representative from the 8th
District of Missouri, demonstrated his commitment to solving the problem
of hunger in a bipartisan manner, his commitment to public service, and
his great affection for the institution and the ideals of the United
States Congress.
(C) George T. (Mickey) Leland, the distinguished late Representative
from the 18th District of Texas, demonstrated his compassion for those in
need, his high regard for public service, and his lively exercise of
political talents.
(D) The special concern that Mr. Emerson and Mr. Leland demonstrated
during their lives for the hungry and poor was an inspiration for others
to work toward the goals of equality and justice for all.
(E) These two outstanding leaders maintained a special bond of
friendship regardless of political affiliation and worked together to
encourage future leaders to recognize and provide service to others, and
therefore it is especially appropriate to honor the memory of Mr. Emerson
and Mr. Leland by creating a fellowship program to develop and train the
future leaders of the United States to pursue careers in humanitarian
service.
(b) ESTABLISHMENT- There is established as an independent entity of the
legislative branch of the United States Government the Congressional Hunger
Fellows Program (hereinafter in this section referred to as the `Program').
(1) IN GENERAL- The Program shall be subject to the supervision and
direction of a Board of Trustees.
(2) MEMBERS OF THE BOARD OF TRUSTEES-
(A) APPOINTMENT- The Board shall be composed of 6 voting members
appointed under clause (i) and one nonvoting ex officio member designated
in clause (ii) as follows:
(i) VOTING MEMBERS- (I) The Speaker of the House of Representatives
shall appoint two members.
(II) The minority leader of the House of Representatives shall
appoint one member.
(III) The majority leader of the Senate shall appoint two
members.
(IV) The minority leader of the Senate shall appoint one
member.
(ii) NONVOTING MEMBER- The Executive Director of the program shall
serve as a nonvoting ex officio member of the Board.
(B) TERMS- Members of the Board shall serve a term of 4
years.
(i) AUTHORITY OF BOARD- A vacancy in the membership of the Board
does not affect the power of the remaining members to carry out this
section.
(ii) APPOINTMENT OF SUCCESSORS- A vacancy in the membership of the
Board shall be filled in the same manner in which the original
appointment was made.
(iii) INCOMPLETE TERM- If a member of the Board does not serve the
full term applicable to the member, the individual appointed to fill the
resulting vacancy shall be appointed for the remainder of the term of
the predecessor of the individual.
(D) CHAIRPERSON- As the first order of business of the first meeting
of the Board, the members shall elect a Chairperson.
(i) IN GENERAL- Subject to clause (ii), members of the Board may not
receive compensation for service on the Board.
(ii) TRAVEL- Members of the Board may be reimbursed for travel,
subsistence, and other necessary expenses incurred in carrying out the
duties of the program.
(i) ESTABLISHMENT- The Board shall establish such bylaws and other
regulations as may be appropriate to enable the Board to carry out this
section, including the duties described in this paragraph.
(ii) CONTENTS- Such bylaws and other regulations shall include
provisions--
(I) for appropriate fiscal control, funds accountability, and
operating principles;
(II) to prevent any conflict of interest, or the appearance of any
conflict of interest, in the procurement and employment actions taken
by the Board or by any officer or employee of the Board and in the
selection and placement of individuals in the fellowships developed
under the program;
(III) for the resolution of a tie vote of the members of the
Board; and
(IV) for authorization of travel for members of the
Board.
(iii) TRANSMITTAL TO CONGRESS- Not later than 90 days after the date
of the first meeting of the Board, the Chairperson of the Board shall
transmit to the appropriate congressional committees a copy of such
bylaws.
(B) BUDGET- For each fiscal year the program is in operation, the
Board shall determine a budget for the program for that fiscal year. All
spending by the program shall be pursuant to such budget unless a change
is approved by the Board.
(C) PROCESS FOR SELECTION AND PLACEMENT OF FELLOWS- The Board shall
review and approve the process established by the Executive Director for
the selection and placement of individuals in the fellowships developed
under the program.
(D) ALLOCATION OF FUNDS TO FELLOWSHIPS- The Board of Trustees shall
determine the priority of the programs to be carried out under this
section and the amount of funds to be allocated for the Emerson and Leland
fellowships.
(d) PURPOSES; AUTHORITY OF PROGRAM-
(1) PURPOSES- The purposes of the program are--
(A) to encourage future leaders of the United States to pursue careers
in humanitarian service, to recognize the needs of people who are hungry
and poor, and to provide assistance and compassion for those in
need;
(B) to increase awareness of the importance of public service;
and
(C) to provide training and development opportunities for such leaders
through placement in programs operated by appropriate organizations or
entities.
(2) AUTHORITY- The program is authorized to develop such fellowships to
carry out the purposes of this section, including the fellowships described
in paragraph (3).
(A) IN GENERAL- The program shall establish and carry out the Bill
Emerson Hunger Fellowship and the Mickey Leland Hunger
Fellowship.
(i) IN GENERAL- The fellowships established under subparagraph (A)
shall provide experience and training to develop the skills and
understanding necessary to improve the humanitarian conditions and the
lives of individuals who suffer from hunger, including--
(I) training in direct service to the hungry in conjunction with
community-based organizations through a program of field placement;
and
(II) experience in policy development through placement in a
governmental entity or nonprofit organization.
(ii) FOCUS OF BILL EMERSON HUNGER FELLOWSHIP- The Bill Emerson
Hunger Fellowship shall address hunger and other humanitarian needs in
the United States.
(iii) FOCUS OF MICKEY LELAND HUNGER FELLOWSHIP- The Mickey Leland
Hunger Fellowship shall address international hunger and other
humanitarian needs.
(iv) WORKPLAN- To carry out clause (i) and to assist in the
evaluation of the fellowships under paragraph (4), the program shall,
for each fellow, approve a work plan that identifies the target
objectives for the fellow in the fellowship, including specific duties
and responsibilities related to those objectives.
(C) PERIOD OF FELLOWSHIP-
(i) EMERSON FELLOW- A Bill Emerson Hunger Fellowship awarded under
this paragraph shall be for no more than 1 year.
(ii) LELAND FELLOW- A Mickey Leland Hunger Fellowship awarded under
this paragraph shall be for no more than 2 years. Not less than 1 year
of the fellowship shall be dedicated to fulfilling the requirement of
subparagraph (B)(i)(I).
(D) SELECTION OF FELLOWS-
(i) IN GENERAL- A fellowship shall be awarded pursuant to a
nationwide competition established by the program.
(ii) QUALIFICATION- A successful applicant shall be an individual
who has demonstrated--
(I) an intent to pursue a career in humanitarian service and
outstanding potential for such a career;
(II) a commitment to social change;
(III) leadership potential or actual leadership
experience;
(IV) diverse life experience;
(V) proficient writing and speaking skills;
(VI) an ability to live in poor or diverse communities;
and
(VII) such other attributes as determined to be appropriate by the
Board.
(I) IN GENERAL- Each individual awarded a fellowship under this
paragraph shall receive a living allowance and, subject to subclause
(II), an end-of-service award as determined by the
program.
(II) REQUIREMENT FOR SUCCESSFUL COMPLETION OF FELLOWSHIP- Each
individual awarded a fellowship under this paragraph shall be entitled
to receive an end-of-service award at an appropriate rate for each
month of satisfactory service as determined by the Executive
Director.
(iv) RECOGNITION OF FELLOWSHIP AWARD-
(I) EMERSON FELLOW- An individual awarded a fellowship from the
Bill Emerson Hunger Fellowship shall be known as an `Emerson
Fellow'.
(II) LELAND FELLOW- An individual awarded a fellowship from the
Mickey Leland Hunger Fellowship shall be known as a `Leland
Fellow'.
(4) EVALUATION- The program shall conduct periodic evaluations of the
Bill Emerson and Mickey Leland Hunger Fellowships. Such evaluations shall
include the following:
(A) An assessment of the successful completion of the work plan of the
fellow.
(B) An assessment of the impact of the fellowship on the
fellows.
(C) An assessment of the accomplishment of the purposes of the
program.
(D) An assessment of the impact of the fellow on the
community.
(1) ESTABLISHMENT- There is established the Congressional Hunger Fellows
Trust Fund (hereinafter in this section referred to as the `Fund') in the
Treasury of the United States, consisting of amounts appropriated to the
Fund under subsection (i), amounts credited to it under paragraph (3), and
amounts received under subsection (g)(3)(A).
(2) INVESTMENT OF FUNDS- The Secretary of the Treasury shall invest the
full amount of the Fund. Each investment shall be made in an interest
bearing obligation of the United States or an obligation guaranteed as to
principal and interest by the United States that, as determined by the
Secretary in consultation with the Board, has a maturity suitable for the
Fund.
(3) RETURN ON INVESTMENT- Except as provided in subsection (f)(2), the
Secretary of the Treasury shall credit to the Fund the interest on, and the
proceeds from the sale or redemption of, obligations held in the Fund.
(f) EXPENDITURES; AUDITS-
(1) IN GENERAL- The Secretary of the Treasury shall transfer to the
program from the amounts described in subsection (e)(3) and subsection
(g)(3)(A) such sums as the Board determines are necessary to enable the
program to carry out the provisions of this section.
(2) LIMITATION- The Secretary may not transfer to the program the
amounts appropriated to the Fund under subsection (i).
(3) USE OF FUNDS- Funds transferred to the program under paragraph (1)
shall be used for the following purposes:
(A) STIPENDS FOR FELLOWS- To provide for a living allowance for the
fellows.
(B) TRAVEL OF FELLOWS- To defray the costs of transportation of the
fellows to the fellowship placement sites.
(C) INSURANCE- To defray the costs of appropriate insurance of the
fellows, the program, and the Board.
(D) TRAINING OF FELLOWS- To defray the costs of preservice and
midservice education and training of fellows.
(E) SUPPORT STAFF- Staff described in subsection (g).
(F) AWARDS- End-of-service awards under subsection
(d)(3)(D)(iii)(II).
(G) ADDITIONAL APPROVED USES- For such other purposes that the Board
determines appropriate to carry out the program.
(A) IN GENERAL- The Comptroller General of the United States shall
conduct an annual audit of the accounts of the program.
(B) BOOKS- The program shall make available to the Comptroller General
all books, accounts, financial records, reports, files, and all other
papers, things, or property belonging to or in use by the program and
necessary to facilitate such audit.
(C) REPORT TO CONGRESS- The Comptroller General shall submit a copy of
the results of each such audit to the appropriate congressional
committees.
(g) STAFF; POWERS OF PROGRAM-
(A) IN GENERAL- The Board shall appoint an Executive Director of the
program who shall administer the program. The Executive Director shall
carry out such other functions consistent with the provisions of this
section as the Board shall prescribe.
(B) RESTRICTION- The Executive Director may not serve as Chairperson
of the Board.
(C) COMPENSATION- The Executive Director shall be paid at a rate not
to exceed the rate of basic pay payable for level V of the Executive
Schedule under section 5316 of title 5, United States Code.
(A) IN GENERAL- With the approval of a majority of the Board, the
Executive Director may appoint and fix the pay of additional personnel as
the Executive Director considers necessary and appropriate to carry out
the functions of the provisions of this section.
(B) COMPENSATION- An individual appointed under subparagraph (A) shall
be paid at a rate not to exceed the rate of basic pay payable for level
GS-15 of the General Schedule.
(3) POWERS- In order to carry out the provisions of this section, the
program may perform the following functions:
(A) GIFTS- The program may solicit, accept, use, and dispose of gifts,
bequests, or devises of services or property, both real and personal, for
the purpose of aiding or facilitating the work of the program. Gifts,
bequests, or devises of money and proceeds from sales of other property
received as gifts, bequests, or devises shall be deposited in the Fund and
shall be available for disbursement upon order of the Board.
(B) EXPERTS AND CONSULTANTS- The program may procure temporary and
intermittent services under section 3109 of title 5, United States Code,
but at rates for individuals not to exceed the daily equivalent of the
maximum annual rate of basic pay payable for GS-15 of the General
Schedule.
(C) CONTRACT AUTHORITY- The program may contract, with the approval of
a majority of the members of the Board, with and compensate Government and
private agencies or persons without regard to section 3709 of the Revised
Statutes (41 U.S.C. 5).
(D) OTHER NECESSARY EXPENDITURES- The program shall make such other
expenditures which the program considers necessary to carry out the
provisions of this section, but excluding project development.
(h) REPORT- Not later than December 31 of each year, the Board shall
submit to the appropriate congressional committees a report on the activities
of the program carried out during the previous fiscal year, and shall include
the following:
(1) An analysis of the evaluations conducted under subsection (d)(4)
(relating to evaluations of the Emerson and Leland fellowships and
accomplishment of the program purposes) during that fiscal year.
(2) A statement of the total amount of funds attributable to gifts
received by the program in that fiscal year (as authorized under subsection
(g)(3)(A)), and the total amount of such funds that were expended to carry
out the program that fiscal year.
(i) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated $18,000,000 to carry out the provisions of this section.
(j) DEFINITION- In this section, the term `appropriate congressional
committees' means--
(1) the Committee on Agriculture and the Committee on International
Relations of the House of Representatives; and
(2) the Committee on Agriculture, Nutrition and Forestry and the
Committee on Foreign Relations of the Senate.
SEC. 462. GENERAL EFFECTIVE DATE.
Except as otherwise provided in this title, the amendments made by this
title shall take effect on October 1, 2002.
TITLE V--CREDIT
Subtitle A--Farm Ownership Loans
SEC. 501. DIRECT LOANS.
Section 302(b)(1) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1922(b)(1)) is amended by striking `operated' and inserting
`participated in the business operations of'.
SEC. 502. FINANCING OF BRIDGE LOANS.
Section 303(a)(1) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1923(a)(1)) is amended--
(1) in subparagraph (C), by striking `or' at the end;
(2) in subparagraph (D), by striking the period at the end and inserting
`; or'; and
(3) by adding at the end the following:
`(E) refinancing, during a fiscal year, a short-term, temporary bridge
loan made by a commercial or cooperative lender to a beginning farmer or
rancher for the acquisition of land for a farm or ranch, if--
`(i) the Secretary approved an application for a direct farm
ownership loan to the beginning farmer or rancher for acquisition of the
land; and
`(ii) funds for direct farm ownership loans under section 346(b)
were not available at the time at which the application was
approved.'.
SEC. 503. LIMITATIONS ON AMOUNT OF FARM OWNERSHIP LOANS.
Section 305 of the Consolidated Farm and Rural Development Act (7 U.S.C.
1925) is amended by striking subsection (a) and inserting the following:
`(a) IN GENERAL- The Secretary shall not make or insure a loan under
section 302, 303, 304, 310D, or 310E that would cause the unpaid indebtedness
under those sections of any 1 borrower to exceed the lesser of--
`(1) the value of the farm or other security; or
`(2)(A) in the case of a loan made by the Secretary--
`(i) to a beginning farmer or rancher, $250,000, as adjusted
(beginning with fiscal year 2003) by the inflation percentage applicable
to the fiscal year in which the loan is made; or
`(ii) to a borrower other than a beginning farmer or rancher,
$200,000; or
`(B) in the case of a loan guaranteed by the Secretary, $700,000,
as--
`(i) adjusted (beginning with fiscal year 2000) by the inflation
percentage applicable to the fiscal year in which the loan is guaranteed;
and
`(ii) reduced by the amount of any unpaid indebtedness of the borrower
on loans under subtitle B that are guaranteed by the Secretary.'.
SEC. 504. JOINT FINANCING ARRANGEMENTS.
Section 307(a)(3)(D) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1927(a)(3)(D)) is amended--
(1) by striking `If' and inserting the following:
`(i) IN GENERAL- Subject to clause (ii), if'; and
(2) by adding at the end the following:
`(ii) BEGINNING FARMERS AND RANCHERS- The interest rate charged a
beginning farmer or rancher for a loan described in clause (i) shall be
50 basis points less than the rate charged farmers and ranchers that are
not beginning farmers or ranchers.'.
SEC. 505. GUARANTEE PERCENTAGE FOR BEGINNING FARMERS AND RANCHERS.
Section 309(h)(6) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1929(h)(6)) is amended by striking `GUARANTEED UP' and all that follows
through `more than' and inserting `GUARANTEED AT 95 PERCENT- The Secretary
shall guarantee'.
SEC. 506. GUARANTEE OF LOANS MADE UNDER STATE BEGINNING FARMER OR RANCHER
PROGRAMS.
Section 309 of the Consolidated Farm and Rural Development Act (7 U.S.C.
1929) is amended by adding at the end the following:
`(j) GUARANTEE OF LOANS MADE UNDER STATE BEGINNING FARMER OR RANCHER
PROGRAMS- The Secretary may guarantee under this title a loan made under a
State beginning farmer or rancher program, including a loan financed by the
net proceeds of a qualified small issue agricultural bond for land or property
described in section 144(a)(12)(B)(ii) of the Internal Revenue Code of
1986.'.
SEC. 507. DOWN PAYMENT LOAN PROGRAM.
Section 310E of the Consolidated Farm and Rural Development Act (7 U.S.C.
1935) is amended--
(A) in paragraph (1), by striking `30 percent' and inserting `40
percent'; and
(B) in paragraph (3), by striking `10 years' and inserting `20 years';
and
(2) in subsection (c)(3)(B), by striking `10-year' and inserting
`20-year'.
SEC. 508. BEGINNING FARMER AND RANCHER CONTRACT LAND SALES PROGRAM.
(a) IN GENERAL- Subtitle A of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1922 et seq.) is amended by adding at the end the following:
`SEC. 310F. BEGINNING FARMER AND RANCHER CONTRACT LAND SALES PROGRAM.
`(a) IN GENERAL- Not later than October 1, 2002, the Secretary shall carry
out a pilot program in not fewer than 10 geographically dispersed States, as
determined by the Secretary, to guarantee up to 5 loans per State in each of
fiscal years 2003 through 2006 made by a private seller of a farm or ranch to
a qualified beginning farmer or rancher on a contract land sale basis, if the
loan meets applicable underwriting criteria and a commercial lending
institution agrees to serve as escrow agent.
`(b) DATE OF COMMENCEMENT OF PROGRAM- The Secretary shall commence the
pilot program on making a determination that guarantees of contract land sales
present a risk that is comparable with the risk presented in the case of
guarantees to commercial lenders.'.
(1) IN GENERAL- As soon as practicable after the date of enactment of
this Act, the Secretary of Agriculture shall promulgate such regulations as
are necessary to implement the amendment made by subsection (a).
(2) PROCEDURE- The promulgation of the regulations and administration of
the amendment made by subsection (a) shall be made without regard to--
(A) the notice and comment provisions of section 553 of title 5,
United States Code;
(B) the Statement of Policy of the Secretary of Agriculture effective
July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed
rulemaking and public participation in rulemaking; and
(C) chapter 35 of title 44, United States Code (commonly known as the
`Paperwork Reduction Act').
(3) CONGRESSIONAL REVIEW OF AGENCY RULEMAKING- In carrying out the
amendment made by subsection (a), the Secretary shall use the authority
provided under section 808 of title 5, United States Code.
Subtitle B--Operating Loans
SEC. 511. DIRECT LOANS.
Section 311(c)(1)(A) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1941(c)(1)(A)) is amended by striking `who has not' and all that
follows through `5 years'.
SEC. 512. AMOUNT OF GUARANTEE OF LOANS FOR TRIBAL FARM OPERATIONS; WAIVER OF
LIMITATIONS FOR TRIBAL OPERATIONS AND OTHER OPERATIONS.
(a) AMOUNT OF GUARANTEE OF LOANS FOR TRIBAL OPERATIONS- Section 309(h) of
the Consolidated Farm and Rural Development Act (7 U.S.C. 1929(h)) is
amended--
(1) in paragraph (4), by striking `paragraphs (5) and (6)' and inserting
`paragraphs (5), (6), and (7)'; and
(2) by adding at the end the following:
`(7) AMOUNT OF GUARANTEE OF LOANS FOR TRIBAL OPERATIONS- In the case of
an operating loan made to a Native American farmer or rancher whose farm or
ranch is within an Indian reservation (as defined in section
335(e)(1)(A)(ii)), the Secretary shall guarantee 95 percent of the
loan.'.
(b) WAIVER OF LIMITATIONS- Section 311(c) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1941(c)) is amended--
(1) in paragraph (1), by striking `paragraph (3)' and inserting
`paragraphs (3) and (4)'; and
(2) by adding at the end the following:
`(A) TRIBAL FARM AND RANCH OPERATIONS- The Secretary shall waive the
limitation under paragraph (1)(C) for a direct loan made under this
subtitle to a Native American farmer or rancher whose farm or ranch is
within an Indian reservation (as defined in section 335(e)(1)(A)(ii)) if
the Secretary determines that commercial credit is not generally available
for such farm or ranch operations.
`(B) OTHER FARM AND RANCH OPERATIONS- On a case-by-case determination
not subject to administrative appeal, the Secretary may grant a borrower a
waiver, 1 time only for a period of 2 years, of the limitation under
paragraph (1)(C) for a direct operating loan if the borrower demonstrates
to the satisfaction of the Secretary that--
`(i) the borrower has a viable farm or ranch operation;
`(ii) the borrower applied for commercial credit from at least 2
commercial lenders;
`(iii) the borrower was unable to obtain a commercial loan
(including a loan guaranteed by the Secretary); and
`(iv) the borrower successfully has completed, or will complete
within 1 year, borrower training under section 359 (from which
requirement the Secretary shall not grant a waiver under section
359(f)).'.
Subtitle C--Administrative Provisions
SEC. 521. ELIGIBILITY OF LIMITED LIABILITY COMPANIES FOR FARM OWNERSHIP
LOANS, FARM OPERATING LOANS, AND EMERGENCY LOANS.
(a) IN GENERAL- Sections 302(a), 311(a), and 321(a) of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1922(a), 1941(a), 1961(a)) are
amended by striking `and joint operations' each place it appears and inserting
`joint operations, and limited liability companies'.
(b) CONFORMING AMENDMENT- Section 321(a) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1961(a)) is amended by striking `or joint
operations' each place it appears and inserting `joint operations, or limited
liability companies'.
SEC. 522. DEBT SETTLEMENT.
Section 331(b)(4) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1981(b)(4)) is amended by striking `carried out--' and all that follows
through `(B) after' and inserting `carried out after'.
SEC. 523. TEMPORARY AUTHORITY TO ENTER INTO CONTRACTS; PRIVATE COLLECTION
AGENCIES.
(a) IN GENERAL- Section 331 of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1981) is amended by striking subsections (d) and (e).
(b) APPLICATION- The amendment made by subsection (a) shall not apply to a
contract entered into before the effective date of this Act.
SEC. 524. INTEREST RATE OPTIONS FOR LOANS IN SERVICING.
Section 331B of the Consolidated Farm and Rural Development Act (7 U.S.C.
1981b) is amended--
(1) by striking `lower of (1) the' and inserting the following: `lowest
of--
(2) by striking `original loan or (2) the' and inserting the following:
`original loan;
`(2) the rate being charged by the Secretary for loans, other than
guaranteed loans, of the same type at the time at which the borrower applies
for a deferral, consolidation, rescheduling, or reamortization; or
SEC. 525. ANNUAL REVIEW OF BORROWERS.
Section 333 of the Consolidated Farm and Rural Development Act (7 U.S.C.
1983) is amended by striking paragraph (2) and inserting the following:
`(2) except with respect to a loan under section 306, 310B, or
314--
`(A) an annual review of the credit history and business operation of
the borrower; and
`(B) an annual review of the continued eligibility of the borrower for
the loan;'.
SEC. 526. SIMPLIFIED LOAN APPLICATIONS.
Section 333A(g)(1) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1983a(g)(1)) is amended by striking `of loans the principal amount of
which is $50,000 or less' and inserting `of farmer program loans the principal
amount of which is $100,000 or less'.
SEC. 527. INVENTORY PROPERTY.
Section 335(c) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1985(c)) is amended--
(A) in subparagraph (B)--
(i) in clause (i), by striking `75 days' and inserting `135 days';
and
(ii) by adding at the end the following:
`(iv) COMBINING AND DIVIDING OF PROPERTY- To the maximum extent
practicable, the Secretary shall maximize the opportunity for beginning
farmers and ranchers to purchase real property acquired by the Secretary
under this title by combining or dividing inventory parcels of the
property in such manner as the Secretary determines to be appropriate.';
and
(B) in subparagraph (C)--
(i) by striking `75 days' and inserting `135 days'; and
(ii) by striking `75-day period' and inserting `135-day
period';
(2) by striking paragraph (2) and inserting the following:
`(2) PREVIOUS LEASE- In the case of real property acquired before April
4, 1996, that the Secretary leased before April 4, 1996, not later than 60
days after the lease expires, the Secretary shall offer to sell the property
in accordance with paragraph (1).'; and
(A) in subparagraph (A), by striking `subparagraph (B)' and inserting
`subparagraphs (B) and (C)'; and
(B) by adding at the end the following:
`(C) OFFER TO SELL OR GRANT FOR FARMLAND PRESERVATION- For the purpose
of farmland preservation, the Secretary shall--
`(i) in consultation with the State Conservationist of each State in
which inventory property is located, identify each parcel of inventory
property in the State that should be preserved for agricultural use;
and
`(ii) offer to sell or grant an easement, restriction, development
right, or similar legal right to each parcel identified under clause (i)
to a State, a political subdivision of a State, or a private nonprofit
organization separately from the underlying fee or other rights to the
property owned by the United States.'.
SEC. 528. DEFINITIONS.
(a) QUALIFIED BEGINNING FARMER OR RANCHER- Section 343(a)(11)(F) of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1991(a)(11)(F)) is
amended by striking `25 percent' and inserting `30 percent'.
(b) DEBT FORGIVENESS- Section 343(a)(12) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1991(a)(12)) is amended by striking
subparagraph (B) and inserting the following:
`(B) EXCEPTIONS- The term `debt forgiveness' does not
include--
`(i) consolidation, rescheduling, reamortization, or deferral of a
loan; or
`(ii) any write-down provided as part of a resolution of a
discrimination complaint against the Secretary.'.
SEC. 529. LOAN AUTHORIZATION LEVELS.
Section 346 of the Consolidated Farm and Rural Development Act (7 U.S.C.
1994) is amended--
(A) by striking paragraph (1) and inserting the following:
`(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 $3,750,000,000 for each of fiscal years
2002 through 2006, of which, for each fiscal year--
`(A) $750,000,000 shall be for direct loans, of which--
`(i) $200,000,000 shall be for farm ownership loans under subtitle
A; and
`(ii) $550,000,000 shall be for operating loans under subtitle B;
and
`(B) $3,000,000,000 shall be for guaranteed loans, of which--
`(i) $1,000,000,000 shall be for guarantees of farm ownership loans
under subtitle A; and
`(ii) $2,000,000,000 shall be for guarantees of operating loans
under subtitle B.'; and
(B) in paragraph (2)(A)(ii), by striking `farmers and ranchers' and
all that follows and inserting `farmers and ranchers 35 percent for each
of fiscal years 2002 through 2006.'; and
(2) in subsection (c), by striking the last sentence.
SEC. 530. INTEREST RATE REDUCTION PROGRAM.
Section 351 of the Consolidated Farm and Rural Development Act (7 U.S.C.
1999) is amended--
(A) by striking `PROGRAM- ' and all that follows through `The
Secretary' and inserting `PROGRAM- The Secretary'; and
(B) by striking paragraph (2);
(2) by striking subsection (c) and inserting the following:
`(c) AMOUNT OF INTEREST RATE REDUCTION-
`(1) IN GENERAL- In return for a contract entered into by a lender under
subsection (b) for the reduction of the interest rate paid on a loan, the
Secretary shall make payments to the lender in an amount equal to not more
than 100 percent of the cost of reducing the annual rate of interest payable
on the loan, except that such payments shall not exceed the cost of reducing
the rate by more than--
`(A) in the case of a borrower other than a beginning farmer or
rancher, 3 percent; and
`(B) in the case of a beginning farmer or rancher, 4 percent.
`(2) BEGINNING FARMERS AND RANCHERS- The percentage reduction of the
interest rate for which payments are authorized to be made for a beginning
farmer or rancher under paragraph (1) shall be 1 percent more than the
percentage reduction for farmers and ranchers that are not beginning farmers
or ranchers.'; and
(3) in subsection (e), by striking paragraph (2) and inserting the
following:
`(2) MAXIMUM AMOUNT OF FUNDS-
`(A) IN GENERAL- The total amount of funds used by the Secretary to
carry out this section for a fiscal year shall not exceed
$750,000,000.
`(B) BEGINNING FARMERS AND RANCHERS-
`(i) IN GENERAL- The Secretary shall reserve not less than 25
percent of the funds used by the Secretary under subparagraph (A) to
make payments for guaranteed loans made to beginning farmers and
ranchers.
`(ii) DURATION OF RESERVATION OF FUNDS- Funds reserved for beginning
farmers or ranchers under clause (i) for a fiscal year shall be reserved
only until April 1 of the fiscal year.'.
SEC. 531. OPTIONS FOR SATISFACTION OF OBLIGATION TO PAY RECAPTURE AMOUNT FOR
SHARED APPRECIATION AGREEMENTS.
(a) IN GENERAL- Section 353(e)(7) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2001(e)(7)) is amended--
(1) in subparagraph (C), by redesignating clauses (i) and (ii) as
subclauses (I) and (II), respectively, and adjusting the margins
appropriately;
(2) by redesignating subparagraphs (A) through (C) as clauses (i)
through (iii), respectively, and adjusting the margins appropriately;
(3) by striking the paragraph heading and inserting the following:
`(7) OPTIONS FOR SATISFACTION OF OBLIGATION TO PAY RECAPTURE
AMOUNT-
`(A) IN GENERAL- As an alternative to repaying the full recapture
amount at the end of the term of the agreement (as determined by the
Secretary in accordance with this section), a borrower may satisfy the
obligation to pay the amount of recapture by--
`(i) financing the recapture payment in accordance with subparagraph
(B); or
`(ii) granting the Secretary an agricultural use protection and
conservation easement on the property subject to the shared appreciation
agreement in accordance with subparagraph (C).
`(B) FINANCING OF RECAPTURE PAYMENT- '; and
(4) by adding at the end the following:
`(C) AGRICULTURAL USE PROTECTION AND CONSERVATION EASEMENT-
`(i) IN GENERAL- Subject to clause (iii), the Secretary shall accept
an agricultural use protection and conservation easement from the
borrower for all of the real security property subject to the shared
appreciation agreement in lieu of payment of the recapture
amount.
`(ii) TERM- The term of an easement accepted by the Secretary under
this subparagraph shall be 25 years.
`(iii) CONDITIONS- The easement shall require that the property
subject to the easement shall continue to be used or conserved for
agricultural and conservation uses in accordance with sound farming and
conservation practices, as determined by the Secretary.
`(iv) REPLACEMENT OF METHOD OF SATISFYING OBLIGATION- A borrower
that has begun financing of a recapture payment under subparagraph (B)
may replace that financing with an agricultural use protection and
conservation easement under this subparagraph.'.
(b) APPLICABILITY- The amendments made by subsection (a) shall apply to a
shared appreciation agreement that--
(1) matures on or after the date of enactment of this Act; or
(2) matured before the date of enactment of this Act, if--
(A) the recapture amount was reamortized under section 353(e)(7) of
the Consolidated Farm and Rural Development Act (7 U.S.C. 2001(e)(7)) (as
in effect on the day before the date of enactment of this Act);
or
(B)(i) the recapture amount had not been paid before the date of
enactment of this Act because of circumstances beyond the control of the
borrower; and
(ii) the borrower acted in good faith (as determined by the Secretary)
in attempting to repay the recapture amount.
SEC. 532. WAIVER OF BORROWER TRAINING CERTIFICATION REQUIREMENT.
Section 359 of the Consolidated Farm and Rural Development Act (7 U.S.C.
2006a) is amended by striking subsection (f) and inserting the following:
`(1) IN GENERAL- The Secretary may waive the requirements of this
section for an individual borrower if the Secretary determines that the
borrower demonstrates adequate knowledge in areas described in this
section.
`(2) CRITERIA- The Secretary shall establish criteria providing for the
application of paragraph (1) consistently in all counties
nationwide.'.
SEC. 533. ANNUAL REVIEW OF BORROWERS.
Section 360(d)(1) of the Consolidated Farm and Rural Development Act (7
U.S.C. 2006b(d)(1)) is amended by striking `biannual' and inserting
`annual'.
Subtitle D--Farm Credit
SEC. 541. REPEAL OF BURDENSOME APPROVAL REQUIREMENTS.
(a) BANKS FOR COOPERATIVES- Section 3.1(11)(B) of the Farm Credit Act of
1971 (12 U.S.C. 2122(11)(B)) is amended--
(1) by striking clause (iii); and
(2) by redesignating clause (iv) as clause (iii).
(b) OTHER SYSTEM BANKS; ASSOCIATIONS- Section 4.18A of the Farm Credit Act
of 1971 (12 U.S.C. 2206a) is amended--
(1) in subsection (a)(1), by striking `3.11(11)(B)(iv)' and inserting
`3.11(11)(B)(iii)'; and
(2) by striking subsection (c).
SEC. 542. BANKS FOR COOPERATIVES.
Section 3.7(b) of the Farm Credit Act of 1971 (12 U.S.C. 2128(b)) is
amended--
(1) in paragraphs (1) and (2)(A)(i), by striking `farm supplies' each
place it appears and inserting `agricultural supplies'; and
(2) by adding at the end the following:
`(4) DEFINITION OF AGRICULTURAL SUPPLY- In this subsection, the term
`agricultural supply' includes--
`(B)(i) agriculture-related processing equipment;
`(ii) agriculture-related machinery; and
`(iii) other capital-related goods related to the storage or handling
of agricultural commodities or products.'.
SEC. 543. INSURANCE CORPORATION PREMIUMS.
(a) REDUCTION IN PREMIUMS FOR GSE-GUARANTEED LOANS-
(1) IN GENERAL- Section 5.55 of the Farm Credit Act of 1971 (12 U.S.C.
2277a-4) is amended--
(I) in subparagraph (A), by striking `government-guaranteed loans
provided for in subparagraph (C)' and inserting `loans provided for in
subparagraphs (C) and (D)';
(II) in subparagraph (B), by striking `and' at the
end;
(III) in subparagraph (C), by striking the period at the end and
inserting `; and'; and
(IV) by adding at the end the following:
`(D) the annual average principal outstanding for such year on the
guaranteed portions of Government Sponsored Enterprise-guaranteed loans
made by the bank that are in accrual status, multiplied by a factor, not
to exceed 0.0015, determined by the Corporation at the sole discretion of
the Corporation.'; and
(ii) by adding at the end the following:
`(4) DEFINITION OF GOVERNMENT SPONSORED ENTERPRISE-GUARANTEED LOAN- In
this section and sections 1.12(b) and 5.56(a), the term `Government
Sponsored Enterprise-guaranteed loan' means a loan or credit, or portion of
a loan or credit, that is guaranteed by an entity that is chartered by
Congress to serve a public purpose and the debt obligations of which are not
explicitly guaranteed by the United States, including the Federal National
Mortgage Association, the Federal Home Loan Mortgage Corporation, the
Federal Home Loan Bank System, and the Federal Agricultural Mortgage
Corporation, but not including any other institution of the Farm Credit
System.'; and
(B) in subsection (e)(4)(B), by striking `government-guaranteed loans
described in subsection (a)(1)(C)' and inserting `loans described in
subparagraph (C) or (D) of subsection (a)(1)'.
(2) CONFORMING AMENDMENTS-
(A) Section 1.12(b) of the Farm Credit Act of 1971 (12 U.S.C. 2020(b))
is amended--
(i) in paragraph (1), by inserting `and Government Sponsored
Enterprise-guaranteed loans (as defined in section 5.55(a)(4)) provided
for in paragraph (4)' after `government-guaranteed loans (as defined in
section 5.55(a)(3)) provided for in paragraph (3)';
(ii) in paragraph (2), by striking `and' at the end;
(iii) in paragraph (3), by striking the period at the end and
inserting `; and'; and
(iv) by adding at the end the following:
`(4) the annual average principal outstanding for such year on the
guaranteed portions of Government Sponsored Enterprise-guaranteed loans (as
so defined) made by the association, or by the other financing institution
and funded by or discounted with the Farm Credit Bank, that are in accrual
status, multiplied by the factor, not to exceed 0.0015, determined by the
Corporation for the purpose of setting the premium for such guaranteed
portions of loans under section 5.55(a)(1)(D).'.
(B) Section 5.56(a) of the Farm Credit Act of 1971 (12 U.S.C.
2277a-5(a)) is amended--
(i) in paragraph (1), by inserting `and Government Sponsored
Enterprise-guaranteed loans (as defined in section 5.55(a)(4))' after
`government-guaranteed loans';
(ii) by redesignating paragraphs (4) and (5) as paragraphs (5) and
(6), respectively; and
(iii) by inserting after paragraph (3) the following:
`(4) the annual average principal outstanding on the guaranteed portions
of Government Sponsored Enterprise-guaranteed loans (as defined in section
5.55(a)(4)) that are in accrual status;'.
(b) EFFECTIVE DATE- The amendments made by subsection (a) take effect on
the date on which Farm Credit System Insurance Corporation premiums are due
from insured Farm Credit System banks under section 5.55 of the Farm Credit
Act of 1971 (12 U.S.C. 2277a-4) for calendar year 2001.
SEC. 544. BOARD OF DIRECTORS OF THE FEDERAL AGRICULTURAL MORTGAGE
CORPORATION.
Section 8.2(b) of the Farm Credit Act of 1971 (12 U.S.C. 2279aa-2(b)) is
amended--
(A) by striking `15' and inserting `17';
(B) in subparagraph (A), by striking `common stock' and all that
follows and inserting `Class A voting common stock;';
(C) in subparagraph (B), by striking `common stock' and all that
follows and inserting `Class B voting common stock;';
(D) by redesignating subparagraph (C) as subparagraph (D);
and
(E) by inserting after subparagraph (B) the following:
`(C) 2 members shall be elected by holders of Class A voting common
stock and Class B voting common stock, 1 of whom shall be the chief
executive officer of the Corporation and 1 of whom shall be another
executive officer of the Corporation; and';
(2) in paragraph (3), by striking `(2)(C)' and inserting `(2)(D)';
(A) in subparagraph (A), by striking `(A) or (B)' and inserting `(A),
(B), or (C)'; and
(B) in subparagraph (B), by striking `(2)(C)' and inserting
`(2)(D)';
(4) in paragraph (5)(A)--
(A) by inserting `executive officers of the Corporation or' after
`from among persons who are'; and
(B) by striking `such a representative' and inserting `such an
executive officer or representative';
(5) in paragraph (6)(B), by striking `(A) and (B)' and inserting `(A),
(B), and (C)';
(6) in paragraph (7), by striking `8 members' and inserting `Nine
members';
(A) in the paragraph heading, by inserting `OR EXECUTIVE OFFICERS OF
THE CORPORATION' after `EMPLOYEES'; and
(B) by inserting `or executive officers of the Corporation' after
`United States'; and
(8) by striking paragraph (9) and inserting the following:
`(A) ELECTION- The permanent board shall annually elect a chairperson
from among the members of the permanent board.
`(B) TERM- The term of the chairperson shall coincide with the term
served by elected members of the permanent board under paragraph
(6)(B).'.
Subtitle E--General Provisions
SEC. 551. INAPPLICABILITY OF FINALITY RULE.
Section 281(a)(1) of the Department of Agriculture Reorganization Act of
1994 (7 U.S.C. 7001(a)(1)) is amended--
(1) by striking `This subsection' and inserting the following:
`(A) IN GENERAL- Except as provided in subparagraph (B), this
subsection'; and
(2) by adding at the end the following:
`(B) AGRICULTURAL CREDIT DECISIONS- This subsection shall not apply
with respect to an agricultural credit decision made by such a State,
county, or area committee, or employee of such a committee, under the
Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et
seq.).'.
SEC. 552. TECHNICAL AMENDMENTS.
(a) Section 321(a) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1961(a)) is amended by striking `Disaster Relief and Emergency
Assistance Act' each place it appears and inserting `Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.)'.
(b) Section 336(b) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1986(b)) is amended in the second sentence by striking `provided for in
section 332 of this title'.
(c) Section 359(c)(1) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 2006a(c)(1)) is amended by striking `established pursuant to section
332,'.
(d) Section 360(a) of the Consolidated Farm and Rural Development Act (7
U.S.C. 2006b(a)) is amended by striking `established pursuant to section
332'.
SEC. 553. EFFECT OF AMENDMENTS.
(a) IN GENERAL- Except as otherwise specifically provided in this title
and notwithstanding any other provision of law, this title and the amendments
made by this
title shall not affect the authority of the Secretary of Agriculture to carry
out a farm credit program for any of the 1996 through 2001 fiscal years under a
provision of law in effect immediately before the enactment of this Act.
(b) LIABILITY- A provision of this title or an amendment made by this
title shall not affect the liability of any person under any provision of law
as in effect immediately before the enactment of this Act.
SEC. 554. EFFECTIVE DATE.
(a) IN GENERAL- Except as provided in subsection (b) and section 543(b),
this title and the amendments made by this title take effect on October 1,
2001.
(b) BOARD OF DIRECTORS OF THE FEDERAL AGRICULTURAL MORTGAGE CORPORATION-
The amendments made by section 544 take effect on the date of enactment of
this Act.
TITLE VI--RURAL DEVELOPMENT
SEC. 601. FUNDING FOR RURAL LOCAL TELEVISION BROADCAST SIGNAL LOAN
GUARANTEES.
Section 1011(a) of the Launching Our Communities' Access to Local
Television Act of 2000 (title X of H.R. 5548, as enacted by section 1(a)(2) of
Public Law 106-553) is amended by adding at the end the following: `In
addition, a total of $200,000,000 of the funds of the Commodity Credit
Corporation shall be available during fiscal years 2002 through 2006, without
fiscal year limitation, for loan guarantees under this title.'.
SEC. 602. EXPANDED ELIGIBILITY FOR VALUE-ADDED AGRICULTURAL PRODUCT MARKET
DEVELOPMENT GRANTS.
Section 231(a) of the Agricultural Risk Protection Act of 2000 (7 U.S.C.
1621 note) is amended--
(1) by striking paragraph (1) and inserting the following:
`(1) ESTABLISHMENT AND PURPOSES- In each of fiscal years 2002 through
2011, the Secretary shall use $50,000,000 of the funds of the Commodity
Credit Corporation to award competitive grants--
`(A) to eligible independent producers (as determined by the
Secretary) of value-added agricultural commodities and products of
agricultural commodities to assist an eligible producer--
`(i) to develop a business plan for viable marketing opportunities
for a value-added agricultural commodity or product of an agricultural
commodity; or
`(ii) to develop strategies for the ventures that are intended to
create marketing opportunities for the producers; and
`(B) to public bodies, institutions of higher learning, and trade
associations to assist such entities--
`(i) to develop a business plan for viable marketing opportunities
in emerging markets for a value-added agricultural commodity or product
of an agricultural commodity; or
`(ii) to develop strategies for the ventures that are intended to
create marketing opportunities in emerging markets for the
producers.';
(2) by striking `producer' each place it appears thereafter and
inserting `grantee'; and
(3) in the heading for paragraph (3), by striking `PRODUCER' and
inserting `GRANTEE'.
SEC. 603. AGRICULTURE INNOVATION CENTER DEMONSTRATION PROGRAM.
(a) PURPOSES- The purposes of this section are to carry out a
demonstration program under which agricultural producers are provided--
(1) technical assistance, including engineering services, applied
research, scale production, and similar services to enable the producers to
establish businesses for further processing of agricultural products;
(2) marketing, market development, and business planning; and
(3) overall organizational, outreach, and development assistance to
increase the viability, growth, and sustainability of value-added
agricultural businesses.
(b) NATURE OF PROGRAM- The Secretary of Agriculture (in this section
referred to as the `Secretary') shall--
(1) make grants to eligible applicants for the purposes of enabling the
applicants to obtain the assistance described in subsection (a); and
(2) provide assistance to eligible applicants through the research and
technical services of the Department of Agriculture.
(c) ELIGIBILITY REQUIREMENTS-
(1) IN GENERAL- An applicant shall be eligible for a grant and
assistance described in subsection (b) to establish an Agriculture
Innovation Center if--
(i) has provided services similar to those described in subsection
(a); or
(ii) shows the capability of providing the services;
(B) the application of the applicant for the grant and assistance sets
forth a plan, in accordance with regulations which shall be prescribed by
the Secretary, outlining support of the applicant in the agricultural
community, the technical and other expertise of the applicant, and the
goals of the applicant for increasing and improving the ability of local
producers to develop markets and processes for value-added agricultural
products;
(C) the applicant demonstrates that resources (in cash or in kind) of
definite value are available, or have been committed to be made available,
to the applicant, to increase and improve the ability of local producers
to develop markets and processes for value-added agricultural products;
and
(D) the applicant meets the requirement of paragraph (2).
(2) BOARD OF DIRECTORS- The requirement of this paragraph is that the
applicant shall have a board of directors comprised of representatives of
the following groups:
(A) The 2 general agricultural organizations with the greatest number
of members in the State in which the applicant is located.
(B) The Department of Agriculture or similar State organization or
department, for the State.
(C) Organizations representing the 4 highest grossing commodities
produced in the State, according to annual gross cash sales.
(d) GRANTS AND ASSISTANCE-
(1) IN GENERAL- Subject to subsection (g), the Secretary shall make
annual grants to eligible applicants under this section, each of which
grants shall not exceed the lesser of--
(B) twice the dollar value of the resources (in cash or in kind) that
the applicant has demonstrated are available, or have been committed to be
made available, to the applicant in accordance with subsection
(c)(1)(C).
(2) INITIAL LIMITATION- In the first year of the demonstration program
under this section, the Secretary shall make grants under this section, on a
competitive basis, to not more than 5 eligible applicants.
(3) EXPANSION OF DEMONSTRATION PROGRAM- In the second year of the
demonstration program under this section, the Secretary may make grants
under this section to not more than 10 eligible applicants, in addition to
any entities to which grants are made under paragraph (2) for such
year.
(4) STATE LIMITATION- In the first 3 years of the demonstration program
under this section, the Secretary shall not make an Agricultural Innovation
Center Demonstration Program grant under this section to more than 1 entity
in a single State.
(e) USE OF FUNDS- An entity to which a grant is made under this section
may use the grant only for the following purposes, but only to the extent that
the use is not described in section 231(d) of the Agricultural Risk Protection
Act of 2000:
(3) Hiring of employees, at the discretion of the board of directors of
the entity.
(4) The making of matching grants, each of which shall be not more than
$5,000, to agricultural producers, so long as the aggregate amount of all
such matching grants shall be not more than $50,000.
(f) RULE OF INTERPRETATION- This section shall not be construed to prevent
a recipient of a grant under this section from collaborating with any other
institution with respect to activities conducted using the grant.
(g) AVAILABILITY OF FUNDS- Of the amount made available under section
231(a)(1) of the Agricultural Risk Protection Act of 2000 (Public Law 106-224;
7 U.S.C. 1621 note), the Secretary shall use to carry out this section--
(1) not less than $5,000,000 for fiscal year 2002; and
(2) not less than $10,000,000 for each of the fiscal years 2003 and
2004.
(h) REPORT ON BEST PRACTICES-
(1) EFFECTS ON THE AGRICULTURAL SECTOR- The Secretary shall utilize
$300,000 per year of the funds made available pursuant to this section to
support research at any university into the effects of value-added projects
on agricultural producers and the commodity markets. The research should
systematically examine possible effects on demand for agricultural
commodities, market prices, farm income, and Federal outlays on commodity
programs using linked, long-term, global projections of the agricultural
sector.
(2) DEPARTMENT OF AGRICULTURE- Not later than 3 years after the first 10
grants are made under this section, the Secretary shall prepare and submit
to the Committee on Agriculture, Nutrition, and Forestry of the Senate and
to the Committee on Agriculture of the House of Representatives a written
report on the effectiveness of the demonstration program conducted under
this section at improving the production of value-added agricultural
products and on the effects of the program on the economic viability of the
producers, which shall include the best practices and innovations found at
each of the Agriculture Innovation Centers established under the
demonstration program under this section, and detail the number and type of
agricultural projects assisted, and the type of assistance provided, under
this section.
SEC. 604. FUNDING OF COMMUNITY WATER ASSISTANCE GRANT PROGRAM.
(a) FUNDING- In each of fiscal years 2002 through 2011, the Secretary of
Agriculture shall use $30,000,000 of the funds of the Commodity Credit
Corporation to carry out section 306A of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926a).
(b) EXTENSION OF PROGRAM- Section 306A(i) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1926a(i)) is amended by striking `2002' and
inserting `2011'.
(c) MISCELLANEOUS AMENDMENTS- Section 306A of such Act (7 U.S.C. 1926a) is
amended--
(1) in the heading by striking `emergency';
(2) in subsection (a)(1)--
(A) by striking `after' and inserting `when'; and
(B) by inserting `is imminent' after `communities'; and
(3) in subsection (c), by striking `shall--' and all that follows and
inserting `shall be a public or private nonprofit entity.'.
SEC. 605. LOAN GUARANTEES FOR THE FINANCING OF THE PURCHASE OF RENEWABLE
ENERGY SYSTEMS.
Section 4 of the Rural Electrification Act of 1936 (7 U.S.C. 904) is
amended--
(1) by inserting `(a)' before `The Secretary'; and
(2) by adding after and below the end the following:
`(b) LOAN GUARANTEES FOR THE FINANCING OF THE PURCHASE OF RENEWABLE ENERGY
SYSTEMS- The Secretary may provide a loan guarantee, on such terms and
conditions as the Secretary deems appropriate, for the purpose of financing
the purchase of a renewable energy system, including a wind energy system and
anaerobic digestors for the purpose of energy generation, by any person or
individual who is a farmer, a rancher, or an owner of a small business (as
defined by the Secretary) that is located in a rural area (as defined by the
Secretary). In providing guarantees under this subsection, the Secretary shall
give priority to loans used primarily for power generation on a farm, ranch,
or small business (as so defined).'.
SEC. 606. LOANS AND LOAN GUARANTEES FOR RENEWABLE ENERGY SYSTEMS.
Section 310B(a)(3) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1932(a)(3)) is amended by inserting `and other renewable energy systems
including wind energy systems and anaerobic digestors for the purpose of
energy generation' after `solar energy systems'.
SEC. 607. 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 `2002' and inserting
`2011'.
SEC. 608. GRANTS FOR WATER SYSTEMS FOR RURAL AND NATIVE VILLAGES IN
ALASKA.
Section 306D(d)(1) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1926d(d)(1)) is amended by striking `and 2002' and inserting `through
2011'.
SEC. 609. RURAL COOPERATIVE DEVELOPMENT GRANTS.
Section 310B(e)(9) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1932(e)(9)) is amended by striking `2002' and inserting `2011'.
SEC. 610. NATIONAL RESERVE ACCOUNT OF RURAL DEVELOPMENT TRUST FUND.
Section 381E(e)(3)(F) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 2009d(e)(3)(F)) is amended by striking `fiscal year 2002' and
inserting `each of the fiscal years 2002 through 2011'.
SEC. 611. RURAL VENTURE CAPITAL DEMONSTRATION PROGRAM.
Section 381O(b)(3) of the Consolidated Farm and Rural Development Act (7
U.S.C. 2009n(b)(3)) is amended by striking `2002' and inserting `2011'.
SEC. 612. INCREASE IN LIMIT ON CERTAIN LOANS FOR RURAL DEVELOPMENT.
Section 310B(a) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1932(a)) is amended by striking `$25,000,000' and inserting
`$100,000,000'.
SEC. 613. PILOT PROGRAM FOR DEVELOPMENT AND IMPLEMENTATION OF STRATEGIC
REGIONAL DEVELOPMENT PLANS.
(1) SELECTION OF STATES- The Secretary of Agriculture (in this section
referred to as the `Secretary') shall, on a competitive basis, select States
in which to implement strategic regional development plans developed under
this subsection.
(i) IN GENERAL- From the funds made available to carry out this
subsection, the Secretary shall make a matching grant to 1 or more
entities in each State selected under subsection (a), to develop a
strategic regional development plan that provides for rural economic
development in a region in the State in which the entity is
located.
(ii) PRIORITY- In making grants under this subsection, the Secretary
shall give priority to entities that represent a regional coalition of
community-based planning, development, governmental, and business
organizations.
(B) TERMS OF MATCH- In order for an entity to be eligible for a
matching grant under this subsection, the entity shall make a commitment
to the Secretary to provide funds for the development of a strategic
regional development plan of the kind referred to in subparagraph (A) in
an amount that is not less than the amount of the matching grant.
(C) LIMITATION- The Secretary shall not make a grant under this
subsection in an amount that exceeds $150,000.
(A) IN GENERAL- The Secretary shall use $2,000,000 of the funds of the
Commodity Credit Corporation, plus 2/13 of the amounts made available by
section 943 of the Farm Security Act of 2001 for grants under this
section, in each of fiscal years 2002 through 2011 to carry out this
subsection.
(B) AVAILABILITY- Funds made available pursuant to subparagraph (A)
shall remain available without fiscal year limitation.
(b) STRATEGIC PLANNING IMPLEMENTATION-
(1) The Secretary shall use the authorities provided in the provisions
of law specified in section 793(c)(1)(A)(ii) of the Federal Agriculture
Improvement and Reform Act of 1996 to implement the strategic regional
development plans developed pursuant to subsection (a) of this
section.
(A) IN GENERAL- The Secretary shall use $13,000,000 of the funds of
the Commodity Credit Corporation, plus 11/13 of the amounts made available
by section 943 of the Farm Security Act of 2001 for grants under this
section, in each of fiscal years 2002 through 2011 to carry out this
subsection.
(B) AVAILABILITY- Funds made available pursuant to subparagraph (A)
shall remain available without fiscal year limitation.
(c) USE OF FUNDS- The amounts made available under subsections (a) and (b)
may be used as the Secretary deems appropriate to carry out any provision of
this section.
SEC. 614. 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) IN GENERAL- Subtitle A of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1922-1949) is amended by inserting after section 306D the
following:
`SEC. 306E. GRANTS TO NONPROFIT ORGANIZATIONS TO FINANCE THE CONSTRUCTION,
REFURBISHING, AND SERVICING OF INDIVIDUALLY-OWNED HOUSEHOLD WATER WELL SYSTEMS
IN RURAL AREAS FOR INDIVIDUALS WITH LOW OR MODERATE INCOMES.
`(a) DEFINITION OF ELIGIBLE INDIVIDUAL- In this section, the term
`eligible individual' means an individual who is a member of a household, the
combined income of whose members for the most recent 12-month period for which
the information is available, is not more than 100 percent of the median
nonmetropolitan household income for the State or territory in which the
individual resides, according to the most recent decennial census of the
United States.
`(b) GRANTS- The Secretary may make grants to private nonprofit
organizations for the purpose of assisting eligible individuals in obtaining
financing for the construction, refurbishing, and servicing of individual
household water well systems in rural areas that are owned (or to be owned) by
the eligible individuals.
`(c) USE OF FUNDS- A grant made under this section may be--
`(1) used, or invested to provide income to be used, to carry out
subsection (b); and
`(2) used to pay administrative expenses associated with providing the
assistance described in subsection (b).
`(d) PRIORITY IN AWARDING GRANTS- In awarding grants under this section,
the Secretary shall give priority to an applicant that has substantial
expertise and experience in promoting the safe and productive use of
individually-owned household water well systems and ground water.'.
(b) EFFECTIVE DATE- The amendment made by this section takes effect on
October 1, 2001.
SEC. 615. NATIONAL RURAL DEVELOPMENT PARTNERSHIP.
Subtitle E of the Consolidated Farm and Rural Development Act (7 U.S.C.
2009-2009n) is amended by adding at the end the following:
`SEC. 381P. NATIONAL RURAL DEVELOPMENT PARTNERSHIP.
`(a) RURAL AREA DEFINED- In this section, the term `rural area' means such
areas as the Secretary may determine.
`(b) ESTABLISHMENT- There is established a National Rural Development
Partnership (in this section referred to as the `Partnership'), which shall be
composed of--
`(1) the National Rural Development Coordinating Committee established
in accordance with subsection (c); and
`(2) State rural development councils established in accordance with
subsection (d).
`(c) NATIONAL RURAL DEVELOPMENT COORDINATING COMMITTEE-
`(1) COMPOSITION- The National Rural Development Coordinating Committee
(in this section referred to as the `Coordinating Committee') may be
composed of--
`(A) representatives of all Federal departments and agencies with
policies and programs that affect or benefit rural areas;
`(B) representatives of national associations of State, regional,
local, and tribal governments and intergovernmental and
multi-jurisdictional agencies and organizations;
`(C) national public interest groups; and
`(D) other national nonprofit organizations that elect to participate
in the activities of the Coordinating Committee.
`(2) FUNCTIONS- The Coordinating Committee may--
`(A) provide support for the work of the State rural development
councils established in accordance with subsection (d); and
`(B) develop and facilitate strategies to reduce or eliminate
conflicting or duplicative administrative and regulatory impediments
confronting rural areas.
`(d) STATE RURAL DEVELOPMENT COUNCILS-
`(1) COMPOSITION- A State rural development council may--
`(A) be composed of representatives of Federal, State, local, and
tribal governments, and nonprofit organizations, the private sector, and
other entities committed to rural advancement; and
`(B) have a nonpartisan and nondiscriminatory membership that is broad
and representative of the economic, social, and political diversity of the
State.
`(2) FUNCTIONS- A State rural development council may--
`(A) facilitate collaboration among Federal, State, local, and tribal
governments and the private and non-profit sectors in the planning and
implementation of programs and policies that affect the rural areas of the
State, and to do so in such a way that provides the greatest degree of
flexibility and innovation in responding to the unique needs of the State
and the rural areas; and
`(B) in conjunction with the Coordinating Committee, develop and
facilitate strategies to reduce or eliminate conflicting or duplicative
administrative and regulatory impediments confronting the rural areas of
the State.
`(e) ADMINISTRATION OF THE PARTNERSHIP- The Secretary may provide for any
additional support staff to the Partnership as the Secretary determines to be
necessary to carry out the duties of the Partnership.
`(f) TERMINATION- The authority provided by this section shall terminate
on the date that is 5 years after the date of the enactment of this
section.'.
SEC. 616. ELIGIBILITY OF RURAL EMPOWERMENT ZONES, RURAL ENTERPRISE
COMMUNITIES, AND CHAMPION COMMUNITIES FOR DIRECT AND GUARANTEED LOANS FOR
ESSENTIAL COMMUNITY FACILITIES.
Section 306(a)(1) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1926(a)(1)) is amended by inserting after the 1st sentence the
following: `The Secretary may also make or insure loans to communities that
have been designated as rural empowerment zones or rural enterprise
communities pursuant to part I of subchapter U of chapter 1 of the Internal
Revenue Code of 1986, as rural enterprise communities pursuant to section 766
of the Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 1999, or as champion communities (as
determined by the Secretary), to provide for the installation or improvement
of essential community facilities including necessary related equipment, and
to furnish financial assistance or other aid in planning projects for such
purposes.'.
SEC. 617. GRANTS TO TRAIN FARM WORKERS IN NEW TECHNOLOGIES AND TO TRAIN FARM
WORKERS IN SPECIALIZED SKILLS NECESSARY FOR HIGHER VALUE CROPS.
(a) IN GENERAL- The Secretary of Agriculture may make a grant to a
nonprofit organization with the capacity to train farm workers, or to a
consortium of non-profit organizations, agribusinesses, State and local
governments, agricultural labor organizations, and community-based
organizations with that capacity.
(b) USE OF FUNDS- An entity to which a grant is made under this section
shall use the grant to train farm workers to use new technologies and develop
specialized skills for agricultural development.
(c) LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS- For grants under this
section, there are authorized to be appropriated to the Secretary of
Agriculture not more than $10,000,000 for each of fiscal years 2002 through
2011.
SEC. 618. LOAN GUARANTEES FOR THE PURCHASE OF STOCK IN A FARMER COOPERATIVE
SEEKING TO MODERNIZE OR EXPAND.
Section 310B(g)(2) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1932(g)(2)) is amended by striking `start-up' and all that follows and
inserting `capital stock of a farmer cooperative established for an
agricultural purpose.'.
SEC. 619. INTANGIBLE ASSETS AND SUBORDINATED UNSECURED DEBT REQUIRED TO BE
CONSIDERED IN DETERMINING ELIGIBILITY OF FARMER-OWNED COOPERATIVE FOR BUSINESS
AND INDUSTRY GUARANTEED LOAN.
Section 310B of the Consolidated Farm and Rural Development Act (7 U.S.C.
1932) is amended by adding at the end the following:
`(h) INTANGIBLE ASSETS AND SUBORDINATED UNSECURED DEBT REQUIRED TO BE
CONSIDERED IN DETERMINING ELIGIBILITY OF FARMER-OWNED COOPERATIVE FOR BUSINESS
AND INDUSTRY GUARANTEED LOAN- In determining whether a cooperative
organization owned by farmers is eligible for a guaranteed loan under
subsection (a)(1), the Secretary may consider the value of the intangible
assets and subordinated unsecured debt of the cooperative organization.'.
SEC. 620. BAN ON LIMITING ELIGIBILITY OF FARMER COOPERATIVE FOR BUSINESS AND
INDUSTRY LOAN GUARANTEE BASED ON POPULATION OF AREA IN WHICH COOPERATIVE IS
LOCATED; REFINANCING.
Section 310B of the Consolidated Farm and Rural Development Act (7 U.S.C.
1932) is further amended by adding at the end of the following:
`(i) SPECIAL RULES APPLICABLE TO FARMER COOPERATIVES UNDER THE BUSINESS
AND INDUSTRY LOAN PROGRAM- In determining whether a cooperative organization
owned by farmers is eligible for a guaranteed loan under subsection (a)(1),
the Secretary shall not apply any lending restriction based on population to
the area in which the cooperative organization is located.
`(j) REFINANCING- A cooperative organization owned by farmers that is
eligible to receive a business or industry guaranteed loan under subsection
(a) shall be eligible to refinance an existing loan with the same lender or a
new lender if--
`(A) is current and performing; and
`(B) is not in default; and
`(2) the cooperative organization has adequate security or collateral
(including tangible and intangible assets).'.
SEC. 621. RURAL WATER AND WASTE FACILITY GRANTS.
Section 306(a)(2) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1926(a)(2)) is amended by striking `aggregating not to exceed
$590,000,000 in any fiscal year'.
SEC. 622. RURAL WATER CIRCUIT RIDER PROGRAM.
(a) ESTABLISHMENT- The Secretary of Agriculture shall establish a national
rural water and wastewater circuit rider grant program that shall be modeled
after the National Rural Water Association Rural Water Circuit Rider Program
that receives funding from the Rural Utilities Service.
(b) LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS- To carry out
subsection (a), there are authorized to be appropriated to the Secretary of
Agriculture $15,000,000 for each fiscal year.
SEC. 623. RURAL WATER GRASSROOTS SOURCE WATER PROTECTION PROGRAM.
(a) ESTABLISHMENT- The Secretary of Agriculture shall establish a national
grassroots source water protection program that will utilize the on-site
technical assistance capabilities of State rural water associations that are
operating wellhead or ground water protection programs in each State.
(b) LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS- To carry out
subsection (a), there are authorized to be appropriated to the Secretary of
Agriculture $5,000,000 for each fiscal year.
SEC. 624. DELTA REGIONAL AUTHORITY.
Section 382N of the Consolidated Farm and Rural Development Act (7 U.S.C.
2009aa-13) is amended by striking `2002' and inserting `2011'.
SEC. 625. PREDEVELOPMENT AND SMALL CAPITALIZATION LOAN FUND.
The Secretary of Agriculture may make grants to private, nonprofit,
multi-State rural community assistance programs to capitalize revolving funds
for the purpose of financing eligible projects of predevelopment, repair, and
improvement costs of existing water and wastewater systems. Financing provided
using funds appropriated to carry out this program may not exceed $300,000.
SEC. 626. RURAL ECONOMIC DEVELOPMENT LOAN AND GRANT PROGRAM.
The Secretary of Agriculture may use an additional source of funding for
economic development programs administered by the Department of Agriculture
through guaranteeing fees on guarantees of bonds and notes issued by
cooperative lenders for electricity and telecommunications purposes.
TITLE VII--RESEARCH AND RELATED MATTERS
Subtitle A--Extensions
SEC. 700. MARKET EXPANSION RESEARCH.
Section 1436(b)(3)(C) of the Food Security Act of 1985 (7 U.S.C.
1632(b)(3)(C)) is amended by striking `1990' and inserting `2011'.
SEC. 701. 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 `2002' and inserting
`2011'.
SEC. 702. GRANTS AND FELLOWSHIPS FOR FOOD AND AGRICULTURAL SCIENCES
EDUCATION.
Section 1417(l) of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3152(l)) is amended by striking `2002'
and inserting `2011'.
SEC. 703. POLICY RESEARCH CENTERS.
Section 1419A(d) of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3155(d)) is amended by striking `2002'
and inserting `2011'.
SEC. 704. HUMAN NUTRITION INTERVENTION AND HEALTH PROMOTION RESEARCH
PROGRAM.
Section 1424(d) of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3174(d)) is amended by striking `2002'
and inserting `2011'.
SEC. 705. PILOT RESEARCH PROGRAM TO COMBINE MEDICAL AND AGRICULTURAL
RESEARCH.
Section 1424A(d) of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3174a(d)) is amended by striking `2002'
and inserting `2011'.
SEC. 706. NUTRITION EDUCATION PROGRAM.
Section 1425(c)(3) of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3175(c)(3)) is amended by striking
`2002' and inserting `2011'.
SEC. 707. CONTINUING ANIMAL HEALTH AND DISEASE RESEARCH PROGRAMS.
Section 1433(a) of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3195(a)) is amended by striking `2002'
and inserting `2011'.
SEC. 708. APPROPRIATIONS FOR RESEARCH ON NATIONAL OR REGIONAL PROBLEMS.
Section 1434(a) of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3196(a)) is amended by striking `2002'
and inserting `2011'.
SEC. 709. 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 `2002'
and inserting `2011'.
SEC. 710. NATIONAL RESEARCH AND TRAINING CENTENNIAL CENTERS AT 1890
LAND-GRANT INSTITUTIONS.
Sections 1448(a)(1) and (f) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222c(a)(1) and (f)) are
amended by striking `2002' each place it appears and inserting `2011'.
SEC. 711. 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 `2002' and inserting `2011'.
SEC. 712. 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 by striking `2002'
and inserting `2011'.
SEC. 713. UNIVERSITY RESEARCH.
Subsections (a) and (b) of section 1463 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3311(a) and
(b)) are amended by striking `2002' each place it appears and inserting
`2011'.
SEC. 714. 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 `2002' and
inserting `2011'.
SEC. 715. SUPPLEMENTAL AND ALTERNATIVE CROPS.
Section 1473D(a) of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3319d(a)) is amended by striking `2002'
and inserting `2011'.
SEC. 716. AGRICULTURE RESEARCH FACILITIES.
The first sentence of section 1477 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3324) is amended by
striking `2002' and inserting `2011'.
SEC. 717. RANGELAND RESEARCH.
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 `2002'
and inserting `2011'.
SEC. 718. 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 by striking `2002' and inserting `2011'.
SEC. 719. HIGH-PRIORITY RESEARCH AND EXTENSION INITIATIVES.
Section 1672(h) of the Food, Agriculture, Conservation, and Trade Act of
1990 (7 U.S.C. 5925(h)) is amended by striking `2002' and inserting `2011'.
SEC. 720. NUTRIENT MANAGEMENT RESEARCH AND EXTENSION INITIATIVE.
Section 1672A(g) of the Food, Agriculture, Conservation, and Trade Act of
1990 (7 U.S.C. 5925a(g)) is amended by striking `2002' and inserting
`2011'.
SEC. 721. AGRICULTURAL TELECOMMUNICATIONS PROGRAM.
Section 1673(h) of the Food, Agriculture, Conservation, and Trade Act of
1990 (7 U.S.C. 5926(h)) is amended by striking `2002' and inserting `2011'.
SEC. 722. ALTERNATIVE AGRICULTURAL RESEARCH AND COMMERCIALIZATION REVOLVING
FUND.
(a) AUTHORIZATION OF APPROPRIATIONS- Section 1664(g)(1) of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5908(g)(1)) is
amended by striking `2002' and inserting `2011'.
(b) CAPITALIZATION- Section 1664(g)(2) of such Act (7 U.S.C. 5908(g)(2))
is amended by striking `2002' and inserting `2011'.
SEC. 723. 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 by striking `2002' and inserting
`2011'.
SEC. 724. PARTNERSHIPS FOR HIGH-VALUE AGRICULTURAL PRODUCT QUALITY
RESEARCH.
Section 402(g) of the Agricultural Research, Extension, and Education
Reform Act of 1998 (7 U.S.C. 7622(g)) is amended by striking `2002' and
inserting `2011'.
SEC. 725. BIOBASED PRODUCTS.
(a) PILOT PROJECT- Section 404(e)(2) of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7 U.S.C. 7624(e)(2)) is amended
by striking `2001' and inserting `2011'.
(b) AUTHORIZATION OF APPROPRIATIONS- Section 404(h) of such Act (7 U.S.C.
7624(h)) is amended by striking `2002' and inserting `2011'.
SEC. 726. INTEGRATED RESEARCH, EDUCATION, AND EXTENSION COMPETITIVE GRANTS
PROGRAM.
Section 406(e) of the Agricultural Research, Extension, and Education
Reform Act of 1998 (7 U.S.C. 7626(e)) is amended by striking `2002' and
inserting `2011'.
SEC. 727. INSTITUTIONAL CAPACITY BUILDING GRANTS.
(a) GENERALLY- Section 535(b)(1) of the Equity in Educational Land-Grant
Status Act of 1994 (7 U.S.C. 301 note) is amended by striking `2000' and
inserting `2011'.
(b) AUTHORIZATION OF APPROPRIATIONS- Section 535(c) of such Act is amended
by striking `2000' and inserting `2011'.
SEC. 728. 1994 INSTITUTION RESEARCH GRANTS.
Section 536(c) of the Equity in Educational Land-Grant Status Act of 1994
(7 U.S.C. 301 note) is amended by striking `2002' and inserting `2011'.
SEC. 729. ENDOWMENT FOR 1994 INSTITUTIONS.
The first sentence of section 533(b) of the Equity in Educational
Land-Grant Status Act of 1994 (7 U.S.C. 301 note) is amended by striking
`$4,600,000' and all that follows through the period and inserting `such sums
as are necessary to carry out this section for each of fiscal years 1996
through 2011.'.
SEC. 730. PRECISION AGRICULTURE.
Section 403(i) of the Agricultural Research, Extension, and Education
Reform Act of 1998 (7 U.S.C. 7623(i)) is amended by striking `2002' and
inserting `2011'.
SEC. 731. THOMAS JEFFERSON INITIATIVE FOR CROP DIVERSIFICATION.
Section 405(h) of the Agricultural Research, Extension, and Education
Reform Act of 1998 (7 U.S.C. 7625(h)) is amended by striking `2002' and
inserting `2011'.
SEC. 732. SUPPORT FOR RESEARCH REGARDING DISEASES OF WHEAT, TRITICALE, AND
BARLEY CAUSED BY FUSARIUM GRAMINEARUM OR BY TILLETIA INDICA.
Section 408(e) of the Agricultural Research, Extension, and Education
Reform Act of 1998 (7 U.S.C. 7628(e)) is amended by striking `2002' and
inserting `2011'.
SEC. 733. 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 by striking `2002' and
inserting `2011'.
SEC. 734. NATIONAL AGRICULTURAL RESEARCH, EXTENSION, EDUCATION, AND
ECONOMICS ADVISORY BOARD.
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 `2002'
and inserting `2011'.
SEC. 735. GRANTS FOR RESEARCH ON PRODUCTION AND MARKETING OF ALCOHOLS AND
INDUSTRIAL HYDROCARBONS FROM AGRICULTURAL COMMODITIES AND FOREST PRODUCTS.
Section 1419(d) of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3154(d)) is amended by striking `2002'
and inserting `2011'.
SEC. 736. BIOMASS RESEARCH AND DEVELOPMENT.
Title III of the Agricultural Risk Protection Act of 2000 (7 U.S.C. 7624
note) is amended--
(1) in section 307(f), by striking `2005' and inserting `2011';
and
(2) in section 310, by striking `2005' and inserting `2011'.
SEC. 737. AGRICULTURAL EXPERIMENT STATIONS RESEARCH FACILITIES.
Section 6(a) of the Research Facilities Act (7 U.S.C. 390d(a)) is amended
by striking `2002' and inserting `2011'.
SEC. 738. COMPETITIVE, SPECIAL, AND FACILITIES RESEARCH GRANTS NATIONAL
RESEARCH INITIATIVE.
Section 2(b)(10) of the Competitive, Special, and Facilities Research
Grant Act (7 U.S.C. 450i(b)(10)) is amended by striking `2002' and inserting
`2011'.
SEC. 739. FEDERAL AGRICULTURAL RESEARCH FACILITIES AUTHORIZATION OF
APPROPRIATIONS.
Section 1431 of the National Agricultural Research, Extension, and
Teaching Policy Act Amendments of 1985 (Public Law 99-198; 99 Stat. 1556) is
amended by striking `2002' and inserting `2011'.
SEC. 740. COTTON CLASSIFICATION SERVICES.
The first sentence of section 3a of the Act of March 3, 1927 (commonly
known as the `Cotton Statistics and Estimates Act'; 7 U.S.C. 473a) is amended
by striking `2002' and inserting `2011'.
SEC. 740A. CRITICAL AGRICULTURAL MATERIALS RESEARCH.
Section 16(a) of the Critical Agricultural Materials Act (7 U.S.C.
178n(a)) is amended by striking `2002' and inserting `2011'.
SEC. 740B. PRIVATE NONINDUSTRIAL HARDWOOD RESEARCH PROGRAM.
(a) IN GENERAL- The Secretary shall establish a program to provide
competitive grants to producers to be used for basic hardwood research
projects directed at--
(1) improving timber management techniques;
(2) increasing timber production;
(3) expanding genetic research; and
(4) addressing invasive and endangered species.
(b) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal years
2002 through 2011.
Subtitle B--Modifications
SEC. 741. EQUITY IN EDUCATIONAL LAND-GRANT STATUS ACT OF 1994.
(a) AUTHORIZATION OF APPROPRIATIONS- Section 534(a)(1)(A) of the Equity in
Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note) is amended by
striking `$50,000' and inserting `$100,000'.
(b) WITHDRAWALS AND EXPENDITURES- Section 533(c)(4)(A) of such Act is
amended by striking `section 390(3)' and all that follows through `1998)' and
inserting `section 2(a)(7) of the Tribally Controlled College or University
Assistance Act of 1978)'.
(c) ACCREDITATION- Section 533(a)(3) of such Act is amended by striking
`under sections 534 and 535' and inserting `under sections 534, 535, and
536'.
(d) 1994 INSTITUTIONS- Section 532 of such Act is amended by striking
paragraphs (1) through (30) and inserting the following:
`(1) Bay Mills Community College.
`(2) Blackfeet Community College.
`(3) Cankdeska Cikana Community College.
`(4) College of Menominee Nation.
`(5) Crownpoint Institute of Technology.
`(8) Dull Knife Memorial College.
`(9) Fond du Lac Tribal and Community College.
`(10) Fort Belknap College.
`(11) Fort Berthold Community College.
`(12) Fort Peck Community College.
`(13) Haskell Indian Nations University.
`(14) Institute of American Indian and Alaska Native Culture and Arts
Development.
`(15) Lac Courte Oreilles Ojibwa Community College.
`(16) Leech Lake Tribal College.
`(17) Little Big Horn College.
`(18) Little Priest Tribal College.
`(19) Nebraska Indian Community College.
`(20) Northwest Indian College.
`(21) Oglala Lakota College.
`(22) Salish Kootenai College.
`(23) Sinte Gleska University.
`(24) Sisseton Wahpeton Community College.
`(25) Si Tanka/Huron University.
`(26) Sitting Bull College.
`(27) Southwestern Indian Polytechnic Institute.
`(28) Stone Child College.
`(29) Turtle Mountain Community College.
`(30) United Tribes Technical College.'.
SEC. 742. NATIONAL AGRICULTURAL RESEARCH, EXTENSION, AND TEACHING POLICY ACT
OF 1977.
Section 1404(4) of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3103(4)) is amended--
(1) by striking the period at the end of subparagraph (E) and inserting
`, or'; and
(2) by adding at the end the following: `(F) is one of the 1994
Institutions (as defined in section 532 of the Equity in Educational
Land-Grant Status Act of 1994).'.
SEC. 743. AGRICULTURAL RESEARCH, EXTENSION, AND EDUCATION REFORM ACT OF
1998.
(a) PRIORITY MISSION AREAS- Section 401(c)(2) of the Agricultural
Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7621(c)(2)) is
amended--
(1) by striking `and' at the end of subparagraph (E);
(2) by striking the period at the end of subparagraph (F) and inserting
`; and'; and
(3) by adding at the end the following new subparagraph:
`(G) alternative fuels and renewable energy sources.'.
(b) PRECISION AGRICULTURE- Section 403 of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7 U.S.C. 7623) is amended--
(1) in subsection (a)(5)(F), by inserting `(including improved use of
energy inputs)' after `farm production efficiencies'; and
(A) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6),
respectively; and
(B) by inserting after paragraph (3) the following new
paragraph:
`(4) Improve on farm energy use efficiencies.'.
(c) THOMAS JEFFERSON INITIATIVE FOR CROP DIVERSIFICATION- Section 405(a)
of the Agricultural Research, Extension, and Education Reform Act of 1998 (7
U.S.C. 7625(a)) is amended by striking `and marketing' and inserting `,
marketing, and efficient use'.
(d) COORDINATED PROGRAM OF RESEARCH, EXTENSION, AND EDUCATION TO IMPROVE
VIABILITY OF SMALL- AND MEDIUM-SIZE DAIRY, LIVESTOCK, AND POULTRY OPERATIONS-
Section 407(b)(3) of the Agricultural Research, Extension, and Education
Reform Act of 1998 (7 U.S.C. 7627(b)(3)) is amended by inserting `(including
improved use of energy inputs)' after `poultry systems that increase
efficiencies'.
(e) SUPPORT FOR RESEARCH REGARDING DISEASES OF WHEAT, TRITICALE, AND
BARLEY CAUSED BY FUSARIUM GRAMINEARUM OR BY TILLETIA INDICA-
(1) RESEARCH GRANT AUTHORIZED- Section 408(a) of the Agricultural
Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7628(a)) is
amended to read as follows:
`(a) RESEARCH GRANT AUTHORIZED- The Secretary of Agriculture may make
grants to consortia of land-grant colleges and universities to enhance the
ability of the consortia to carry out multi-State research projects aimed at
understanding and combating diseases of wheat, triticale, and barley caused by
Fusarium graminearum and related fungi (referred to in this section as `wheat
scab') or by Tilletia indica and related fungi (referred to in this section as
`Karnal bunt').'.
(2) RESEARCH COMPONENTS- Section 408(b) of such Act (7 U.S.C. 7628(b))
is amended--
(A) in paragraph (1), by inserting `or of Karnal bunt,' after
`epidemiology of wheat scab';
(B) in paragraph (1), by inserting `, triticale,' after `occurring in
wheat';
(C) in paragraph (2), by inserting `or Karnal bunt' after `wheat
scab';
(D) in paragraph (3)(A), by striking `and barley for the presence of'
and inserting `, triticale, and barley for the presence of Karnal bunt or
of';
(E) in paragraph (3)(B), by striking `and barley infected with wheat
scab' and inserting `, triticale, and barley infected with wheat scab or
with Karnal bunt';
(F) in paragraph (3)(C), by inserting `wheat scab' after `to
render';
(G) in paragraph (4), by striking `and barley to wheat scab' and
inserting `, triticale, and barley to wheat scab and to Karnal bunt';
and
(i) by inserting `and Karnal bunt' after `wheat scab';
and
(ii) by inserting `, triticale,' after `resistant
wheat'.
(3) COMMUNICATIONS NETWORKS- Section 408(c) of such Act (7 U.S.C.
7628(c)) is amended by inserting `or Karnal bunt' after `wheat scab'.
(4) TECHNICAL AMENDMENTS- (A) The section heading for section 408 of
such Act is amended by striking `and barley caused by fusarium graminearum'
and inserting `, triticale, and barley caused by fusarium graminearum or by
tilletia indica'.
(B) The table of sections for such Act is amended by striking `and
barley caused by fusarium graminearum' in the item relating to section 408
and inserting `, triticale, and barley caused by Fusarium graminearum or by
Tilletia indica'.
(f) PROGRAM TO CONTROL JOHNE'S DISEASE- Title IV of the Agricultural
Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7621 et seq.)
is amended by adding at the end the following new 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 2011.'.
SEC. 744. FOOD, AGRICULTURE, CONSERVATION, AND TRADE ACT OF 1990.
(a) AGRICULTURAL GENOME INITIATIVE- Section 1671(b) of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5924(b)) is
amended--
(1) in paragraph (3), by inserting `pathogens and' before `diseases
causing economic hardship';
(2) in paragraph (6), by striking `and' at the end;
(3) by redesignating paragraph (7) as paragraph (8); and
(4) by inserting after paragraph (6) the following new paragraph:
`(7) reducing the economic impact of plant pathogens on commercially
important crop plants; and'.
(b) HIGH-PRIORITY RESEARCH AND EXTENSION INITIATIVES- Section 1672(e) of
the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925) is
amended by adding at the end the following new paragraphs:
`(25) RESEARCH TO PROTECT THE UNITED STATES FOOD SUPPLY AND AGRICULTURE
FROM BIOTERRORISM- Research grants may be made under this section for the
purpose of developing technologies, which support the capability to deal
with the threat of agricultural bioterrorism.
`(26) WIND EROSION RESEARCH AND EXTENSION- Research and extension grants
may be made under this section for the purpose of validating wind erosion
models.
`(27) CROP LOSS RESEARCH AND EXTENSION- Research and extension grants
may be made under this section for the purpose of validating crop loss
models.
`(28) LAND USE MANAGEMENT RESEARCH AND EXTENSION- Research and extension
grants may be made under this section for the purposes of evaluating the
environmental benefits of land use management tools such as those provided
in the Farmland Protection Program.
`(29) WATER AND AIR QUALITY RESEARCH AND EXTENSION- Research and
extension grants may be made under this section for the purpose of better
understanding agricultural impacts to air and water quality and means to
address them.
`(30) REVENUE AND INSURANCE TOOLS RESEARCH AND EXTENSION- Research and
extension grants may be made under this section for the purposes of better
understanding the impact of revenue and insurance tools on farm
income.
`(31) AGROTOURISM RESEARCH AND EXTENSION- Research and extension grants
may be made under this section for the purpose of better understanding the
economic, environmental, and food systems impacts on agrotourism.
`(32) HARVESTING PRODUCTIVITY FOR FRUITS AND VEGETABLES- Research and
extension grants may be made under this section for the purpose of improving
harvesting productivity for fruits and vegetables (including citrus),
including the development of mechanical harvesting technologies and
effective, economical, and safe abscission compounds.
`(33) NITROGEN-FIXATION BY PLANTS- Research and extension grants may be
made under this section for the purpose of enhancing the nitrogen-fixing
ability and efficiency of legumes, developing new varieties of legumes that
fix nitrogen more efficiently, and developing new varieties of other
commercially important crops that potentially are able to fix
nitrogen.
`(34) AGRICULTURAL MARKETING- Extension grants may be made under this
section for the purpose of providing education materials, information, and
outreach programs regarding commodity and livestock marketing strategies for
agricultural producers and for cooperatives and other marketers of any
agricultural commodity, including livestock.
`(35) ENVIRONMENT AND PRIVATE LANDS RESEARCH AND EXTENSION- Research and
extension grants may be made under this section for the purpose of
researching the use of computer models to aid in assessment of best
management practices on a watershed basis, working with government,
industry, and private landowners to help craft industry-led solutions to
identified environmental issues, researching and monitoring water, air, or
soil environmental quality to aid in the development of new approaches to
local environmental concerns, and working with local, State, and federal
officials to help craft effective environmental solutions that respect
private property rights and agricultural production realities.
`(36) LIVESTOCK DISEASE RESEARCH AND EXTENSION- Research and extension
grants may be made under this section for the purpose of identifying
possible livestock disease threats, educating the public regarding livestock
disease threats, training persons to deal with such threats, and conducting
related research.
`(37) PLANT GENE EXPRESSION- Research and development grants may be made
under this section for the purpose of plant gene expression research to
accelerate the application of basic plant genomic science to the development
and testing of new varieties of enhanced food crops, crops that can be used
as renewable energy sources, and other alternative uses of agricultural
crops.'.
SEC. 745. NATIONAL AGRICULTURAL RESEARCH, EXTENSION, AND TEACHING POLICY ACT
OF 1977.
(a) NATIONAL AGRICULTURAL RESEARCH, EXTENSION, EDUCATION, AND ECONOMIC
ADVISORY BOARD- Section 1408 of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3123) is amended--
(1) in subsection (b)(3)--
(A) by redesignating subparagraphs (R) through (DD) as subparagraphs
(S) through (EE), respectively; and
(B) by inserting after subparagraph (Q) the following new
subparagraph:
`(R) 1 member representing a nonland grant college or university with
a historic commitment to research in the food and agricultural
sciences.';
(2) in subsection (c)(1), by striking `and land-grant colleges and
universities' and inserting `, land-grant colleges and universities, and the
Committee on Agriculture of the House of Representatives, the Committee on
Agriculture, Nutrition, and Forestry of the Senate, the Subcommittee on
Agriculture, Rural Development, Food and Drug Administration and Related
Agencies of the Committee on Appropriations of the House of Representatives,
and the Subcommittee on Agriculture, Rural Development and Related Agencies
of the Committee on Appropriations of the Senate';
(3) in subsection (d)(1), inserting `consult with any appropriate
agencies of the Department of Agriculture and' after `the Advisory Board
shall'; and
(4) in subsection (b)(1), by striking `30 members' and inserting `31
members'.
(b) GRANTS FOR RESEARCH ON PRODUCTION AND MARKETING OF ALCOHOLS AND
INDUSTRIAL HYDROCARBONS FROM AGRICULTURAL COMMODITIES AND FOREST PRODUCTS-
Section 1419 of the National Agricultural Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3154) is amended--
(1) in subsection (a)(2), by inserting `and animal fats and oils' after
`industrial oilseed crops'; and
(2) in subsection (a)(4), by inserting `or triglycerides' after `other
industrial hydrocarbons'.
(c) FAS OVERSEAS INTERN PROGRAM- Section 1458(a) of the National
Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3291(a)) is amended--
(1) by striking `and' at the end of paragraph (8);
(2) by striking the period at the end of paragraph (9) and inserting `;
and'; and
(3) by adding at the end the following new paragraph:
`(10) establish a program, to be coordinated by the Cooperative State
Research, Education, and Extension Service and the Foreign Agricultural
Service, to place interns from United States colleges and universities at
Foreign Agricultural Service field offices overseas.'.
SEC. 746. BIOMASS RESEARCH AND DEVELOPMENT.
Title III of the Agricultural Risk Protection Act of 2000 (7 U.S.C. 7624
note) is amended--
(1) in section 302(3), by inserting `or biodiesel' after `such as
ethanol';
(2) in section 303(3), by inserting `animal byproducts,' after
`fibers,'; and
(3) in section 306(b)(1)--
(A) by redesignating subparagraphs (E) through (J) as subparagraphs
(F) through (K), respectively; and
(B) by inserting after subparagraph (D) the following new
subparagraph:
`(E) an individual affiliated with a livestock trade
association;'.
SEC. 747. BIOTECHNOLOGY RISK ASSESSMENT RESEARCH.
Section 1668 of the Food, Agriculture, Conservation, and Trade Act of 1990
(7 U.S.C. 5921) is amended to read as follows:
`SEC. 1668. BIOTECHNOLOGY RISK ASSESSMENT RESEARCH.
`(a) PURPOSE- It is the purpose of this section--
`(1) to authorize and support environmental assessment research to help
identify and analyze environmental effects of biotechnology; and
`(2) to authorize research to help regulators develop long-term policies
concerning the introduction of such technology.
`(b) GRANT PROGRAM- The Secretary of Agriculture shall establish a grant
program within the Cooperative State Research, Education, and Extension
Service and the Agricultural Research Service to provide the necessary funding
for environmental assessment research concerning the introduction of
genetically engineered plants and animals into the environment.
`(c) TYPES OF RESEARCH- Types of research for which grants may be made
under this section shall include the following:
`(1) Research designed to identify and develop appropriate management
practices to minimize physical and biological risks associated with
genetically engineered animals and plants once they are introduced into the
environment.
`(2) Research designed to develop methods to monitor the dispersal of
genetically engineered animals and plants.
`(3) Research designed to further existing knowledge with respect to the
characteristics, rates and methods of gene transfer that may occur between
genetically engineered plants and animals and related wild and agricultural
organisms.
`(4) Environmental assessment research designed to provide analysis,
which compares the relative impacts of plants and animals modified through
genetic engineering to other types of production systems.
`(5) Other areas of research designed to further the purposes of this
section.
`(d) ELIGIBILITY REQUIREMENTS- Grants under this section shall be--
`(1) made on the basis of the quality of the proposed research project;
and
`(2) available to any public or private research or educational
institution or organization.
`(e) CONSULTATION- In considering specific areas of research for funding
under this section, the Secretary of Agriculture shall consult with the
Administrator of the Animal and Plant Health Inspection Service and the
National Agricultural Research, Extension, Education, and Economics Advisory
Board.
`(f) PROGRAM COORDINATION- The Secretary of Agriculture shall coordinate
research funded under this section with the Office of Research and Development
of the Environmental Protection Agency in order to avoid duplication of
research activities.
`(g) AUTHORIZATION OF APPROPRIATIONS-
`(1) IN GENERAL- There are authorized to be appropriated such sums as
necessary to carry out this section.
`(2) WITHHOLDINGS FROM BIOTECHNOLOGY OUTLAYS- The Secretary of
Agriculture shall withhold from outlays of the Department of Agriculture for
research on biotechnology, as defined and determined by the Secretary, at
least 3 percent of such amount for the purpose of making grants under this
section for research on biotechnology risk assessment. Except that, funding
from this authorization should be collected and applied to the maximum
extent practicable to risk assessment research on all categories identified
as biotechnology by the Secretary.'.
SEC. 748. COMPETITIVE, SPECIAL, AND FACILITIES RESEARCH GRANTS.
Section 2(a) of the Competitive, Special, and Facilities Research Grant
Act (7 U.S.C. 450i(a)) is amended by adding at the end the following new
paragraph:
`(3) DETERMINATION OF HIGH PRIORITY RESEARCH- Research priorities shall
be determined by the Secretary on an annual basis, taking into account input
as gathered by the Secretary through the National Agricultural Research,
Extension, Education, and Economics Advisory Board.'.
SEC. 749. MATCHING FUNDS REQUIREMENT FOR RESEARCH AND EXTENSION ACTIVITIES
OF 1890 INSTITUTIONS.
Section 1449 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3222d) is amended--
(1) by amending subsection (c) to read as follows:
`(c) MATCHING FORMULA- For each of fiscal years 2003 through 2011, the
State shall provide matching funds from non-Federal sources. Such matching
funds shall be for an amount equal to not less than 60 percent of the formula
funds to be distributed to the eligible institution, and shall increase by 10
percent each fiscal year thereafter until fiscal year 2007.'; and
(2) by amending subsection (d) to read as follows:
`(d) WAIVER AUTHORITY- Notwithstanding subsection (f), the Secretary may
waive the matching funds requirement under subsection (c) above the 50 percent
level for fiscal years 2003 through 2011 for an eligible institution of a
State if the Secretary determines that the State will be unlikely to satisfy
the matching requirement.'.
SEC. 749A. MATCHING FUNDS REQUIREMENT FOR RESEARCH AND EXTENSION ACTIVITIES
FOR THE UNITED STATES TERRITORIES.
(a) RESEARCH MATCHING REQUIREMENT- Section 3(d)(4) of the Hatch Act of
1887 (7 U.S.C. 361c(d)(4)) is amended by striking `the same matching funds'
and all that follows through the end of the sentence and inserting `matching
funds requirements from non-Federal sources for fiscal years 2003 through 2011
in an amount equal to not less than 50 percent of the formula funds to be
distributed to the Territory. The Secretary may waive the matching funds
requirements for a Territory for any of the fiscal years 2003 through 2011 if
the Secretary determines that the Territory will be unlikely to satisfy the
matching funds requirement for that fiscal year.'.
(b) EXTENSION MATCHING REQUIREMENT- Section 3(e)(4) of the Smith-Lever Act
(7 U.S.C. 343(e)(4)) is amended by striking `the same matching funds' and all
that follows through the end of the sentence and inserting `matching funds
requirements from non-Federal sources for fiscal years 2003 through 2011 in an
amount equal to not less than 50 percent of the formula funds to be
distributed to the Territory. The Secretary may waive the matching funds
requirements for a Territory for any of the fiscal years 2003 through 2011 if
the Secretary determines that the Territory will be unlikely to satisfy the
matching funds requirement for that fiscal year.'.
SEC. 750. INITIATIVE FOR FUTURE AGRICULTURE AND FOOD SYSTEMS.
(a) FUNDING- Section 401(b)(1) of the Agricultural Research, Extension,
and Education Reform Act of 1998 (7 U.S.C. 7621(b)(1)) is amended to read as
follows:
`(A) TOTAL AMOUNT TO BE TRANSFERRED- On October 1, 2003, and each
October 1 thereafter through September 30, 2011, the Secretary of
Agriculture shall deposit funds of the Commodity Credit Corporation into
the Account. The total amount of Commodity Credit Corporation funds
deposited into the Account under this subparagraph shall equal
$1,160,000,000.
`(B) EQUAL AMOUNTS- To the maximum extent practicable, the amounts
deposited into the Account pursuant to subparagraph (A) shall be deposited
in equal amounts for each fiscal year.
`(C) AVAILABILITY OF FUNDS- Amounts deposited into the Account
pursuant to subparagraph (A) shall remain available until
expended.'.
(b) AVAILABILITY OF FUNDS- Section 401(f)(6) of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7 U.S.C. 7621(f)(6)) is amended
to read as follows:
`(6) AVAILABILITY OF FUNDS- Funds made available under this section to
the Secretary prior to October 1, 2003, for grants under this section shall
be available to the Secretary for a 2-year period.'.
SEC. 751. CARBON CYCLE RESEARCH.
Section 221 of the Agricultural Risk Protection Act of 2000 (Public Law
106-224; 114 Stat. 407) is amended--
(1) in subsection (a), by striking `Of the amount' and all that follows
through `to provide' and inserting `To the extent funds are made available
for this purpose, the Secretary shall provide';
(2) in subsection (d), by striking `under subsection (a)' and inserting
`for this section'; and
(3) by adding at the end the following new subsection:
`(e) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated for fiscal years 2002 through 2011 such sums as may be necessary
to carry out this section.'.
SEC. 752. DEFINITION OF FOOD AND AGRICULTURAL SCIENCES.
Section 2(3) of the Research Facilities Act (7 U.S.C. 390(2)(3)) is
amended to read as follows:
`(3) FOOD AND AGRICULTURAL SCIENCES- The term `food and agricultural
sciences' has the meaning given that term in section 1404(8) of the
National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3103(8)).'.
SEC. 753. FEDERAL EXTENSION SERVICE.
Section 3(b)(3) of the Smith-Lever Act (7 U.S.C. 343(b)(3)) is amended by
striking `$5,000,000' and inserting `such sums as are necessary'.
SEC. 754. POLICY RESEARCH CENTERS.
Section 1419A(c)(3) of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3155(c)(3)) is amended by striking
`collect and analyze data' and inserting `collect, analyze, and disseminate
data'.
Subtitle C--Related Matters
SEC. 761. RESIDENT INSTRUCTION AT LAND-GRANT COLLEGES IN UNITED STATES
TERRITORIES.
(a) PURPOSE- It is the purpose of this section to promote and strengthen
higher education in the food and agricultural sciences at agricultural and
mechanical colleges located in the Commonwealth of Puerto Rico, the Virgin
Islands of the United States, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, the Federated States of Micronesia, the Republic of
the Marshall Islands, or the Republic of Palau (hereinafter referred to in
this section as `eligible institutions') by formulating and administering
programs to enhance teaching programs in agriculture, natural resources,
forestry, veterinary medicine, home economics, and disciplines closely allied
to the food and agriculture production and delivery system.
(b) GRANTS- The Secretary of Agriculture shall make competitive grants to
those eligible institutions having a demonstrable capacity to carry out the
teaching of food and agricultural sciences.
(c) USE OF GRANT FUNDS- Grants made under subsection (b) shall be used
to--
(1) strengthen institutional educational capacities, including
libraries, curriculum, faculty, scientific instrumentation, instruction
delivery systems, and student recruitment and retention, in order to respond
to identified State, regional, national, or international education needs in
the food and agricultural sciences;
(2) attract and support undergraduate and graduate students in order to
educate them in identified areas of national need to the food and
agriculture sciences;
(3) facilitate cooperative initiatives between two or more eligible
institutions or between eligible institutions and units of State Government,
organizational in the private sector, to maximize the development and use of
resources such as faculty, facilities, and equipment to improve food and
agricultural sciences teaching programs; and
(4) conduct undergraduate scholarship programs to assist in meeting
national needs for training food and agricultural scientists.
(1) The Secretary of Agriculture shall ensure that each eligible
institution, prior to receiving grant funds under subsection (b), shall have
a significant demonstrable commitment to higher education programs in the
food and agricultural sciences and to each specific subject area for which
grant funds under this subsection are to be used.
(2) The Secretary of Agriculture may require that any grant awarded
under this section contain provisions that require funds to be targeted to
meet the needs identified in section 1402 of the National Agriculture
Research, Extension, and Teaching Policy Act of 1977.
(e) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated such sums as are necessary for each of the fiscal years 2002
through 2011 to carry out this section.
SEC. 762. DECLARATION OF EXTRAORDINARY EMERGENCY AND RESULTING
AUTHORITIES.
(a) REVIEW OF PAYMENT OF COMPENSATION- Section 415(e) of the Plant
Protection Act (7 U.S.C. 7715(e)) is amended by inserting before the final
period the following: `or review by any officer of the Government other than
the Secretary or the designee of the Secretary'.
(b) REVIEW OF CERTAIN DECISIONS-
(1) PLANT PROTECTION ACT- Section 442 of the Plant Protection Act (7
U.S.C. 7772) is amended by adding at the end following new subsection:
`(f) SECRETARIAL DISCRETION- The action of any officer, employee, or agent
of the Secretary in carrying out this section, including determining the
amount of and making any payment authorized to be made under this section,
shall not be subject to review by any officer of the Government other than the
Secretary or the designee of the Secretary.'.
(2) OTHER PLANT AND ANIMAL PEST AND DISEASE LAWS- Section 11 of the Act
of May 29, 1884 (21 U.S.C. 114a; commonly known as the `Animal Industry
Act') and the first section of the Act of September 25, 1981 (7 U.S.C.
147b), are each amended by adding at the end the following new sentence:
`The action of any officer, employee, or agent of the Secretary in carrying
out this section, including determining the amount of and making any payment
authorized to be made under this section, shall not be subject to review by
any officer of the Government other than the Secretary or the designee of
the Secretary.'.
(c) METHYL BROMIDE- The Plant Protection Act (7 U.S.C. 7701 et seq.) is
amended by inserting after section 418 the following new section:
`SEC. 419. METHYL BROMIDE.
`(a) IN GENERAL- The Secretary, upon request of State, local, or tribal
authorities, shall determine whether methyl bromide treatments or applications
required by State, local, or tribal authorities to prevent the introduction,
establishment, or spread of plant pests (including diseases) or noxious weeds
should be authorized as an official control or official requirement.
`(1) TIMELINE FOR DETERMINATION- The Secretary shall make the
determination required by subsection (a) not later than 90 days after
receiving the request for such a determination.
`(2) REGULATIONS- The promulgation of regulations for and the
administration of this section shall be made without regard to--
`(A) the notice and comment provisions of section 553 of title 5,
United States Code;
`(B) the Statement of Policy of the Secretary of Agriculture,
effective July 24, 1971 (36 Fed. Reg. 13804; relating to notices of
proposed rulemaking and public participation in rulemaking); and
`(C) chapter 35 of title 44, United States Code (commonly known as the
`Paperwork Reduction Act').
`(c) REGISTRY- Not later than 180 days after the date of the enactment of
this section, the Secretary shall publish, and thereafter maintain, a registry
of State, local, and tribal requirements authorized by the Secretary under
this section.'.
SEC. 763. AGRICULTURAL BIOTECHNOLOGY RESEARCH AND DEVELOPMENT FOR THE
DEVELOPING WORLD.
(a) GRANT PROGRAM- The Secretary of Agriculture shall establish a program
to award grants to entities described in subsection (b) for the development of
agricultural biotechnology with respect to the developing world. The Secretary
shall administer and oversee the program through the Foreign Agricultural
Service of the Department of Agriculture.
(b) PARTNERSHIPS- (1) In order to be eligible to receive a grant under
this section, the grantee must be a participating institution of higher
education, a nonprofit organization, or consortium of for profit institutions
with in-country agricultural research institutions.
(2) A participating institution of higher education shall be an
historically black or land-grant college or university, an Hispanic serving
institution, or a tribal college or university that has agriculture or the
biosciences in its curricula.
(c) COMPETITIVE AWARD- Grants shall be awarded under this section on a
merit-reviewed competitive basis.
(d) USE OF FUNDS- The activities for which the grant funds may be expended
include the following:
(1) Enhancing the nutritional content of agricultural products that can
be grown in the developing world to address malnutrition through
biotechnology.
(2) Increasing the yield and safety of agricultural products that can be
grown in the developing world through biotechnology.
(3) Increasing through biotechnology the yield of agricultural products
that can be grown in the developing world that are drought and
stress-resistant.
(4) Extending the growing range of crops that can be grown in the
developing world through biotechnology.
(5) Enhancing the shelf-life of fruits and vegetables grown in the
developing world through biotechnology.
(6) Developing environmentally sustainable agricultural products through
biotechnology.
(7) Developing vaccines to immunize against life-threatening illnesses
and other medications that can be administered by consuming genetically
engineered agricultural products.
(e) FUNDING SOURCE- Of the funds deposited in the Treasury account known
as the Initiative for Future Agriculture and Food Systems on October 1, 2003,
and each October 1 thereafter through October 1, 2007, the Secretary of
Agriculture shall use $5,000,000 during each of fiscal years 2004 through 2008
to carry out this section.
Subtitle D--Repeal of Certain Activities and Authorities
SEC. 771. FOOD SAFETY RESEARCH INFORMATION OFFICE AND NATIONAL
CONFERENCE.
(a) REPEAL- Subsections (b) and (c) of section 615 of the Agricultural
Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7654(b) and
(c)) are repealed.
(b) CONFORMING AMENDMENTS-
(1) GENERALLY- Section 615 of such Act is amended--
(A) in the section heading, by striking `and national
conference';
(B) by striking `(a) FOOD SAFETY RESEARCH INFORMATION OFFICE-
';
(C) by redesignating paragraphs (1), (2), and (3) as subsections (a),
(b), and (c), respectively, and moving the margins 2 ems to the
left;
(D) in subsection (b) (as so redesignated), by redesignating
subparagraphs (A) and (B) as paragraphs (1) and (2), respectively, and
moving the margins 2 ems to the left; and
(E) in subsection (c) (as so redesignated), by striking `this
subsection' and inserting `this section'.
(2) TABLE OF SECTIONS- The table of sections for such Act is amended by
striking `and National Conference' in the item relating to section
615.
SEC. 772. REIMBURSEMENT OF EXPENSES UNDER SHEEP PROMOTION, RESEARCH, AND
INFORMATION ACT OF 1994.
Section 617 of the Agricultural Research, Extension, and Education Reform
Act of 1998 (Public Law 105-185; 112 Stat. 607) is repealed.
SEC. 773. NATIONAL GENETIC RESOURCES PROGRAM.
Section 1634 of the Food, Agriculture, Conservation, and Trade Act of 1990
(7 U.S.C. 5843) is repealed.
SEC. 774. NATIONAL ADVISORY BOARD ON AGRICULTURAL WEATHER.
(a) REPEAL- Section 1639 of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5853) is repealed.
(b) CONFORMING AMENDMENT- Section 1640(b) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5854(b)) is amended by striking
`take into' and all that follows through `Weather and'.
SEC. 775. AGRICULTURAL INFORMATION EXCHANGE WITH IRELAND.
Section 1420 of the National Agricultural Research, Extension and Teaching
Policy Act Amendments of 1985 (Public Law 99-198; 99 Stat. 1551) is
repealed.
SEC. 776. PESTICIDE RESISTANCE STUDY.
Section 1437 of the National Agricultural Research, Extension, and
Teaching Policy Act Amendments of 1985 (Public Law 99-198; 99 Stat. 1558) is
repealed.
SEC. 777. EXPANSION OF EDUCATION STUDY.
Section 1438 of the National Agricultural Research, Extension, and
Teaching Policy Act Amendments of 1985 (Public Law 99-198; 99 Stat. 1559) is
repealed.
SEC. 778. SUPPORT FOR ADVISORY BOARD.
(a) REPEAL- Section 1412 of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3127) is repealed.
(b) CONFORMING AMENDMENT- Section 1413(c) of such Act (7 U.S.C. 3128(c))
is amended by striking `section 1412 of this title and'.
SEC. 779. TASK FORCE ON 10-YEAR STRATEGIC PLAN FOR AGRICULTURAL RESEARCH
FACILITIES.
(a) REPEAL- Section 4 of the Research Facilities Act (7 U.S.C. 390b) is
repealed.
(b) CONFORMING AMENDMENT- Section 2 of such Act (7 U.S.C. 390) is amended
by striking paragraph (5).
Subtitle E--Agriculture Facility Protection
SEC. 790. ADDITIONAL PROTECTIONS FOR ANIMAL OR AGRICULTURAL ENTERPRISES,
RESEARCH FACILITIES, AND OTHER ENTITIES.
(a) DEFINITIONS- The Research Facilities Act (7 U.S.C. 390 et seq.) is
amended--
(1) by redesignating section 6 as section 7; and
(2) by inserting after section 5 the following new section:
`SEC. 6. ADDITIONAL PROTECTIONS FOR ANIMAL OR AGRICULTURAL ENTERPRISES,
RESEARCH FACILITIES, AND OTHER ENTITIES AGAINST DISRUPTION.
`(a) DEFINITIONS- For the purposes of this section, the following
definitions apply:
`(1) ANIMAL OR AGRICULTURAL ENTERPRISE- The term `animal or agricultural
enterprise' means any of the following:
`(A) A commercial, governmental, or academic enterprise that uses
animals, plants, or other biological materials for food or fiber
production, breeding, processing, research, or testing.
`(B) A zoo, aquarium, circus, rodeo, or other entity that exhibits or
uses animals, plants, or other biological materials for educational or
entertainment purposes.
`(C) A fair or similar event intended to advance agricultural arts and
sciences.
`(D) A facility managed or occupied by an association, federation,
foundation, council, or other group or entity of food or fiber producers,
processors, or agricultural or biomedical researchers intended to advance
agricultural or biomedical arts and sciences.
`(2) ECONOMIC DAMAGE- The term `economic damage' means the replacement
of the following:
`(A) The cost of lost or damaged property (including all real and
personal property) of an animal or agricultural enterprise.
`(B) The cost of repeating an interrupted or invalidated
experiment.
`(C) The loss of revenue (including costs related to business
recovery) directly related to the disruption of an animal or agricultural
enterprise.
`(D) The cost of the tuition and expenses of any student to complete
an academic program that was disrupted, or to complete a replacement
program, when the tuition and expenses are incurred as a result of the
damage or loss of the property of an animal or agricultural
enterprise.
`(3) PROPERTY OF AN ANIMAL OR AGRICULTURAL ENTERPRISE- The term
`property of an animal or agricultural enterprise' means real and personal
property of or used by any of the following:
`(A) An animal or agricultural enterprise.
`(B) An employee of an animal or agricultural enterprise.
`(C) A student attending an academic animal or agricultural
enterprise.
`(4) DISRUPTION- The term `disruption' does not include any lawful
disruption that results from lawful public, governmental, or animal or
agricultural enterprise employee reaction to the disclosure of information
about an animal or agricultural enterprise.
`(b) VIOLATION- A person may not recklessly, knowingly, or intentionally
cause, or contribute to, the disruption of the functioning of an animal or
agricultural enterprise by damaging or causing the loss of any property
of the animal or agricultural enterprise that results in economic damage, as
determined by the Secretary.
`(c) ASSESSMENT OF CIVIL PENALTY-
`(1) IN GENERAL- The Secretary may impose on any person that the
Secretary determines violates subsection (b) a civil penalty in an amount
determined under paragraphs (2) and (3). The civil penalty may be assessed
only on the record after an opportunity for a hearing.
`(2) RECOVERY OF DEPARTMENT COSTS- The civil penalty assessed by the
Secretary against a person for a violation of subsection (b) shall be not
less than the total cost incurred by the Secretary for investigation of the
violation, conducting any hearing regarding the violation, and assessing the
civil penalty.
`(3) RECOVERY OF ECONOMIC DAMAGE- In addition to the amount determined
under paragraph (2), the amount of the civil penalty shall include an amount
not less than the total cost (or, in the case of knowing or intentional
disruption, not less than 150 percent of the total cost) of the economic
damage incurred by the animal or agricultural enterprise, any employee of
the animal or agricultural enterprise, or any student attending an academic
animal or agricultural enterprise as a result of the damage or loss of the
property of an animal or agricultural enterprise.
`(d) IDENTIFICATION- The Secretary shall identify for each civil penalty
assessed under subsection (c), the portion of the amount of the civil penalty
that represents the recovery of Department costs and the portion that
represents the recovery of economic losses.
`(e) OTHER FACTORS IN DETERMINING PENALTY- In determining the amount of a
civil penalty under subsection (c), the Secretary shall consider the
following:
`(1) The nature, circumstance, extent, and gravity of the violation or
violations.
`(2) The ability of the injured animal or agricultural enterprise to
continue to operate, costs incurred by the animal or agricultural enterprise
to recover lost business, and the effect of the violation on earnings of
employees of the animal or agricultural enterprise.
`(3) The interruptions experienced by students attending an academic
animal or agricultural enterprise.
`(4) Whether the violator has previously violated subsection (a).
`(5) The violator's degree of culpability.
`(f) FUND TO ASSIST VICTIMS OF DISRUPTION-
`(1) FUND ESTABLISHED- There is established in the Treasury a fund which
shall consist of that portion of each civil penalty collected under
subsection (c) that represents the recovery of economic damages.
`(2) USE OF AMOUNTS IN FUND- The Secretary of Agriculture shall use
amounts in the fund to compensate animal or agricultural enterprises,
employees of an animal or agricultural enterprise, and student attending an
academic animal or agricultural enterprise for economic losses incurred as a
result of the disruption of the functioning of an animal or agricultural
enterprise in violation of subsection (b).'.
TITLE VIII--FORESTRY INITIATIVES
SEC. 801. REPEAL OF FORESTRY INCENTIVES PROGRAM AND STEWARDSHIP INCENTIVE
PROGRAM.
The Cooperative Forestry Assistance Act of 1978 is amended by striking
section 4 (16 U.S.C. 2103) and section 6 (16 U.S.C. 2103b).
SEC. 802. ESTABLISHMENT OF FOREST LAND ENHANCEMENT PROGRAM.
(a) FINDINGS- Congress finds the following:
(1) There is a growing dependence on private nonindustrial forest lands
to supply the necessary market commodities and nonmarket values, such as
habitat for fish and wildlife, aesthetics, outdoor recreation opportunities,
and other forest resources, required by a growing population.
(2) There is a strong demand for expanded assistance programs for owners
of nonindustrial private forest land since the majority of the wood supply
of the United States comes from nonindustrial private forest land.
(3) The soil, carbon stores, water and air quality of the United States
can be maintained and improved through good stewardship of nonindustrial
private forest lands.
(4) The products and services resulting from stewardship of
nonindustrial private forest lands provide income and employment that
contribute to the economic health and diversity of rural communities.
(5) Wildfires threaten human lives, property, forests, and other
resources, and Federal and State cooperation in forest fire prevention and
control has proven effective and valuable, in that properly managed forest
stands are less susceptible to catastrophic fire, as dramatized by the
catastrophic fire seasons of 1998 and 2000.
(6) Owners of private nonindustrial forest lands are being faced with
increased pressure to convert their forestland to development and other
uses.
(7) Complex, long-rotation forest investments, including sustainable
hardwood management, are often the most difficult commitment for small,
nonindustrial private forest landowners and, thus, should receive equal
consideration under cost-share programs.
(8) The investment of one Federal dollar in State and private forestry
programs is estimated to leverage $9 on average from State, local, and
private sources.
(b) PURPOSE- It is the purpose of this section to strengthen the
commitment of the Department of Agriculture to sustainable forestry and to
establish a coordinated and cooperative Federal, State, and local sustainable
forest program for the establishment, management, maintenance, enhancement,
and restoration of forests on nonindustrial private forest lands in the United
States.
(c) FOREST LAND ENHANCEMENT PROGRAM- The Cooperative Forestry Assistance
Act of 1978 is amended
by inserting after section 3 (16 U.S.C. 2102) the following new section 4:
`SEC. 4. FOREST LAND ENHANCEMENT PROGRAM.
`(1) ESTABLISHMENT; PURPOSE- The Secretary shall establish a Forest Land
Enhancement Program (in this section referred to as the `Program') for the
purpose of providing financial, technical, educational, and related
assistance to State foresters to encourage the long-term sustainability of
nonindustrial private forest lands in the United States by assisting the
owners of such lands in more actively managing their forest and related
resources by utilizing existing State, Federal, and private sector resource
management expertise, financial assistance, and educational programs.
`(2) ADMINISTRATION- The Secretary shall carry out the Program within,
and administer the Program through, the Natural Resources Conservation
Service.
`(3) COORDINATION- The Secretary shall implement the Program in
coordination with State foresters.
`(b) PROGRAM OBJECTIVES- In implementing the Program, the Secretary shall
target resources to achieve the following objectives:
`(1) Investment in practices to establish, restore, protect, manage,
maintain, and enhance the health and productivity of the nonindustrial
private forest lands in the United States for timber, habitat for flora and
fauna, water quality, and wetlands.
`(2) Ensuring that afforestation, reforestation, improvement of poorly
stocked stands, timber stand improvement, practices necessary to improve
seedling growth and survival, and growth enhancement practices occur where
needed to enhance and sustain the long-term productivity of timber and
nontimber forest resources to help meet future public demand for all forest
resources and provide environmental benefits.
`(3) Reduce the risks and help restore, recover, and mitigate the damage
to forests caused by fire, insects, invasive species, disease, and damaging
weather.
`(4) Increase and enhance carbon sequestration opportunities.
`(5) Enhance implementation of agroforestry practices.
`(6) Maintain and enhance the forest landbase and leverage State and
local financial and technical assistance to owners that promote the same
conservation and environmental values.
`(1) IN GENERAL- An owner of nonindustrial private forest land is
eligible for cost-sharing assistance under the Program if the owner--
`(A) agrees to develop and implement an individual stewardship,
forest, or stand management plan addressing site specific activities and
practices in cooperation with, and approved by, the State forester, state
official, or private sector program in consultation with the State
forester;
`(B) agrees to implement approved activities in accordance with the
plan for a period of not less than 10 years, unless the State forester
approves a modification to such plan; and
`(C) meets the acreage restrictions as determined by the State
forester in conjunction with the State Forest Stewardship Coordinating
Committee established under section 19.
`(2) STATE PRIORITIES- The Secretary, in consultation with the State
forester and the State Forest Stewardship Coordinating Committee may develop
State priorities for cost sharing under the Program that will promote forest
management objectives in that State.
`(3) DEVELOPMENT OF PLAN- An owner shall be eligible for cost-share
assistance for the development of the individual stewardship, forest, or
stand management plan required by paragraph (1).
`(d) APPROVED ACTIVITIES-
`(1) DEVELOPMENT- The Secretary, in consultation with the State forester
and the State Forest Stewardship Coordinating Committee, shall develop a
list of approved forest activities and practices that will be eligible for
cost-share assistance under the Program within each State.
`(2) TYPE OF ACTIVITIES- In developing a list of approved activities and
practices under paragraph (1), the Secretary shall attempt to achieve the
establishment, restoration, management, maintenance, and enhancement of
forests and trees for the following:
`(A) The sustainable growth and management of forests for timber
production.
`(B) The restoration, use, and enhancement of forest wetlands and
riparian areas.
`(C) The protection of water quality and watersheds through the
application of State-developed forestry best management
practices.
`(D) Energy conservation and carbon sequestration purposes.
`(E) Habitat for flora and fauna.
`(F) The control, detection, and monitoring of invasive species on
forestlands as well as preventing the spread and providing for the
restoration of lands affected by invasive species.
`(G) Hazardous fuels reduction and other management activities that
reduce the risks and help restore, recover, and mitigate the damage to
forests caused by fire.
`(H) The development of forest or stand management plans.
`(I) Other activities approved by the Secretary, in coordination with
the State forester and the State Forest Stewardship Coordinating
Committee.
`(e) COOPERATION- In implementing the Program, the Secretary shall
cooperate with other Federal, State, and local natural resource management
agencies, institutions of higher education, and the private sector.
`(f) REIMBURSEMENT OF ELIGIBLE ACTIVITIES-
`(1) IN GENERAL- The Secretary shall share the cost of implementing the
approved activities that the Secretary determines are appropriate, in the
case of an owner that has entered into an agreement to place nonindustrial
private forest lands of the owner in the Program.
`(2) RATE- The Secretary shall determine the appropriate reimbursement
rate for cost-share payments under paragraph (1) and the schedule for making
such payments.
`(3) MAXIMUM- The Secretary shall not make cost-share payments under
this subsection to an owner in an amount in excess of 75 percent of the
total cost, or a lower percentage as determined by the State forester, to
such owner for implementing the practices under an approved plan. The
maximum payments to any one owner shall be determined by the
Secretary.
`(4) CONSULTATION- The Secretary shall make determinations under this
subsection in consultation with the State forester.
`(1) IN GENERAL- The Secretary shall establish and implement a mechanism
to recapture payments made to an owner in the event that the owner fails to
implement any approved activity specified in the individual stewardship,
forest, or stand management plan for which such owner received cost-share
payments.
`(2) ADDITIONAL REMEDY- The remedy provided in paragraph (1) is in
addition to any other remedy available to the Secretary.
`(h) DISTRIBUTION- The Secretary shall distribute funds available for cost
sharing under the Program among the States only after giving appropriate
consideration to--
`(1) the total acreage of nonindustrial private forest land in each
State;
`(2) the potential productivity of such land;
`(3) the number of owners eligible for cost sharing in each State;
`(4) the opportunities to enhance non-timber resources on such forest
lands;
`(5) the anticipated demand for timber and nontimber resources in each
State;
`(6) the need to improve forest health to minimize the damaging effects
of catastrophic fire, insects, disease, or weather; and
`(7) the need and demand for agroforestry practices in each State.
`(i) DEFINITIONS- In this section:
`(1) NONINDUSTRIAL PRIVATE FOREST LANDS- The term `nonindustrial private
forest lands' means rural lands, as determined by the Secretary,
that--
`(A) have existing tree cover or are suitable for growing trees;
and
`(B) are owned or controlled by any nonindustrial private individual,
group, association, corporation, Indian tribe, or other private legal
entity (other than a nonprofit private legal entity) so long as the
individual, group, association, corporation, tribe, or entity has
definitive decision-making authority over the lands, including through
long-term leases and other land tenure systems, for a period of time long
enough to ensure compliance with the Program.
`(2) OWNER- The term `owner' includes a private individual, group,
association, corporation, Indian tribe, or other private legal entity (other
than a nonprofit private legal entity) that has definitive decision-making
authority over nonindustrial private forest lands through a long-term lease
or other land tenure systems.
`(3) SECRETARY- The term `Secretary' means the Secretary of
Agriculture.
`(4) STATE FORESTER- The term `State forester' means the director or
other head of a State Forestry Agency or equivalent State official.
`(j) AVAILABILITY OF FUNDS- The Secretary shall use $200,000,000 of funds
of the Commodity Credit Corporation to carry out the Program during the period
beginning on October 1, 2001, and ending on September 30, 2011.'.
(d) CONFORMING AMENDMENT- Section 246(b)(2) of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 6962(b)(2)) is amended by
striking `forestry incentive program' and inserting `Forest Land Enhancement
Program'.
SEC. 803. RENEWABLE RESOURCES EXTENSION ACTIVITIES.
(a) EXTENSION AND AUTHORIZATION INCREASE- Section 6 of the Renewable
Resources Extension Act of 1978 (16 U.S.C. 1675) is amended--
(1) by striking `$15,000,000' and inserting `$30,000,000'; and
(2) by striking `2002' and inserting `2011'.
(b) SUSTAINABLE FORESTRY OUTREACH INITIATIVE- The Renewable Resources
Extension Act of 1978 is amended by inserting after section 5A (16 U.S.C.
1674a) the following new section:
`SEC. 5B. SUSTAINABLE FORESTRY OUTREACH INITIATIVE.
`The Secretary shall establish a program to be known as the `Sustainable
Forestry Outreach Initiative' for the purpose of educating landowners
regarding the following:
`(1) The value and benefits of practicing sustainable forestry.
`(2) The importance of professional forestry advice in achieving their
sustainable forestry objectives.
`(3) The variety of public and private sector resources available to
assist them in planning for and practicing sustainable forestry.'.
SEC. 804. ENHANCED COMMUNITY FIRE PROTECTION.
(a) FINDINGS- Congress finds the following:
(1) The severity and intensity of wildland fires has increased
dramatically over the past few decades as a result of past fire and land
management policies.
(2) The record 2000 fire season is a prime example of what can be
expected if action is not taken.
(3) These wildfires threaten not only the nation's forested resources,
but the thousands of communities intermingled with the wildlands in the
wildland-urban interface.
(4) The National Fire Plan developed in response to the 2000 fire season
is the proper, coordinated, and most effective means to address this
wildfire issue.
(5) Whereas adequate authorities exist to tackle the wildfire issues at
the landscape level on Federal lands, there is limited authority to take
action on most private lands where the largest threat to life and property
lies.
(6) There is a significant Federal interest in enhancing community
protection from wildfire.
(b) ENHANCED PROTECTION- The Cooperative Forestry Assistance Act of 1978
is amended by inserting after section 10 (16 U.S.C. 2106) the following new
section:
`SEC. 10A. ENHANCED COMMUNITY FIRE PROTECTION.
`(a) COOPERATIVE MANAGEMENT RELATED TO WILDFIRE THREATS- The Secretary may
cooperate with State foresters and equivalent State officials in the
management of lands in the United States for the following purposes:
`(1) Aid in wildfire prevention and control.
`(2) Protect communities from wildfire threats.
`(3) Enhance the growth and maintenance of trees and forests that
promote overall forest health.
`(4) Ensure the continued production of all forest resources, including
timber, outdoor recreation opportunities, wildlife habitat, and clean water,
through conservation of forest cover on watersheds, shelterbelts, and
windbreaks.
`(b) COMMUNITY AND PRIVATE LAND FIRE ASSISTANCE PROGRAM-
`(1) ESTABLISHMENT; PURPOSE- The Secretary shall establish a Community
and Private Land Fire Assistance program (in this section referred to as the
`Program')--
`(A) to focus the Federal role in promoting optimal firefighting
efficiency at the Federal, State, and local levels;
`(B) to augment Federal projects that establish landscape level
protection from wildfires;
`(C) to expand outreach and education programs to homeowners and
communities about fire prevention; and
`(D) to establish defensible space around private landowners homes and
property against wildfires.
`(2) ADMINISTRATION AND IMPLEMENTATION- The Program shall be
administered by the Forest Service and implemented through the State
forester or equivalent State official.
`(3) COMPONENTS- In coordination with existing authorities under this
Act, the Secretary may undertake on both Federal and non-Federal
lands--
`(A) fuel hazard mitigation and prevention;
`(B) invasive species management;
`(C) multi-resource wildfire planning;
`(D) community protection planning;
`(E) community and landowner education enterprises, including the
program known as FIREWISE;
`(F) market development and expansion;
`(G) improved wood utilization;
`(H) special restoration projects.
`(4) CONSIDERATIONS- The Secretary shall use local contract personnel
wherever possible to carry out projects under the Program.
`(c) AUTHORIZATION OF APPROPRIATIONS- There are hereby authorized to be
appropriated to the Secretary $35,000,000 for each of fiscal years 2002
through 2011, and such sums as may be necessary thereafter, to carry out this
section.'.
SEC. 805. INTERNATIONAL FORESTRY PROGRAM.
Section 2405(d) of the Global Climate Change Prevention Act of 1990 (title
XXIV of Public Law 101-624; 7 U.S.C. 6704(d)) is amended by striking `2002'
and inserting `2011'.
SEC. 806. WILDFIRE PREVENTION AND HAZARDOUS FUEL PURCHASE PROGRAM.
(a) FINDINGS- Congress finds that--
(1) the damage caused by wildfire disasters has been equivalent in
magnitude to the damage resulting from the Northridge earthquake, Hurricane
Andrew, and the recent flooding of the Mississippi River and the Red
River;
(2) more than 20,000 communities in the United States are at risk from
wildfire and approximately 11,000 of those communities are located near
Federal land;
(3) the accumulation of heavy forest fuel loads continues to increase as
a result of disease, insect infestations, and drought, further increasing
the risk of fire each year;
(4) modification of forest fuel load conditions through the removal of
hazardous fuels would--
(A) minimize catastrophic damage from wildfires;
(B) reduce the need for emergency funding to respond to wildfires;
and
(C) protect lives, communities, watersheds, and wildlife
habitat;
(5) the hazardous fuels removed from forest land represent an abundant
renewable resource, as well as a significant supply of biomass for
biomass-to-energy facilities;
(6) the United States should invest in technologies that promote
economic and entrepreneurial opportunities in processing forest products
removed through hazardous fuel reduction activities; and
(7) the United States should--
(A) develop and expand markets for traditionally underused wood and
other biomass as a value-added outlet for excessive forest fuels;
and
(B) commit resources to support planning, assessments, and project
reviews to ensure that hazardous fuels management is accomplished
expeditiously and in an environmentally sound manner.
(b) DEFINITIONS- In this section:
(1) BIOMASS-TO-ENERGY FACILITY- The term `biomass-to-energy facility'
means a facility that uses biomass as a raw material to produce electric
energy, useful heat, or a transportation fuel.
(2) ELIGIBLE COMMUNITY- The term `eligible community' means--
(A) any town, township, municipality, or other similar unit of local
government (as determined by the Secretary), or any area represented by a
nonprofit corporation or institution organized under Federal or State law
to promote broad-based economic development, that--
(i) has a population of not more than 10,000
individuals;
(ii) is located within a county in which at least 15 percent of the
total primary and secondary labor and proprietor income is derived from
forestry, wood products, and forest-related industries, such as
recreation, forage production, and tourism; and
(iii) is located near forest land, the condition of which land the
Secretary determines poses a substantial present or potential hazard to
the safety of--
(III) in the case of a wildfire, human, community, or firefighter
safety, in a year in which drought conditions are present;
and
(B) any county that is not contained within a metropolitan statistical
area that meets the conditions described in clauses (ii) and (iii) of
subparagraph (A).
(3) FOREST BIOMASS- The term `forest biomass' means fuel and biomass
accumulation from precommercial thinnings, slash, and brush on forest land
of the United States.
(A) IN GENERAL- The term `hazardous fuel' means any excessive
accumulation of organic material on public and private forest land
(especially land in an urban-wildland interface area or in an area that is
located near an eligible community and designated as condition class 2
under the report of the Forest Service entitled `Protecting People and
Sustainable Resources in Fire-Adapted Ecosystems', dated October 13, 2000,
or that is designated as condition class 3 under that report) that the
Secretary determines poses a substantial present or potential hazard to
the safety of--
(iii) in the case of wildfire, human, community, or firefighter
safety, in a year in which drought conditions are present.
(B) EXCLUSION- The term `hazardous fuel' does not include forest
biomass.
(5) 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).
(6) SECRETARY- The term `Secretary' means--
(A) the Secretary of Agriculture (or a designee), with respect to
National Forest System land and private land in the United States;
and
(B) the Secretary of the Interior (or a designee) with respect to
Federal land under the jurisdiction of the Secretary of the Interior or an
Indian tribe.
(c) HAZARDOUS FUEL GRANT PROGRAM-
(A) IN GENERAL- Subject to the availability of appropriations, the
Secretary may make grants to persons that operate biomass-to-energy
facilities to offset the costs incurred by those persons in purchasing
hazardous fuels derived from public and private forest land adjacent to
eligible communities.
(B) SELECTION CRITERIA- The Secretary shall select recipients for
grants under subparagraph (A) based on--
(i) planned purchases by the recipients of hazardous fuels, as
demonstrated by the recipient through the submission to the Secretary of
such assurances as the Secretary may require; and
(ii) the level of anticipated benefits of those purchases in
reducing the risk of wildfires.
(A) IN GENERAL- A grant under this subsection shall--
(I) the distance required to transport hazardous fuels to a
biomass-to-energy facility; and
(II) the cost of removal of hazardous fuels; and
(ii) be in an amount that is at least equal to the product obtained
by multiplying--
(I) the number of tons of hazardous fuels delivered to a grant
recipient; by
(II) an amount that is at least $5 but not more than $10 per ton
of hazardous fuels, as determined by the Secretary taking into
consideration the factors described in clause (i).
(B) LIMITATION ON INDIVIDUAL GRANTS-
(i) IN GENERAL- Except as provided in clause (ii), a grant under
subparagraph (A) shall not exceed $1,500,000 for any biomass-to-energy
facility for any year.
(ii) SMALL BIOMASS-TO-ENERGY FACILITIES- A biomass-to-energy
facility that has an annual production of 5 megawatts or less shall not
be subject to the limitation under clause (i).
(3) MONITORING OF GRANT RECIPIENT ACTIVITIES-
(A) IN GENERAL- As a condition of receipt of a grant under this
subsection, a grant recipient shall keep such records as the Secretary may
require, including records that--
(i) completely and accurately disclose the use of grant funds;
and
(ii) describe all transactions involved in the purchase of hazardous
fuels derived from forest land.
(B) ACCESS- On notice by the Secretary, the operator of a
biomass-to-energy facility that purchases hazardous fuels, or uses
hazardous fuels purchased, with funds from a grant under this subsection
shall provide the Secretary with--
(i) reasonable access to the biomass-to-facility; and
(ii) an opportunity to examine the inventory and records of the
biomass-to-energy facility.
(4) MONITORING OF EFFECT OF TREATMENTS- The Secretary shall monitor
Federal land from which hazardous fuels are removed and sold to a
biomass-to-energy facility under this subsection to determine and document
the reduction in fire hazards on that land.
(5) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated to carry out this subsection $50,000,000 for each fiscal
year.
(d) LONG-TERM FOREST STEWARDSHIP CONTRACTS FOR HAZARDOUS FUELS REMOVAL-
(1) ANNUAL ASSESSMENT OF TREATMENT ACREAGE-
(A) IN GENERAL- Subject to the availability of appropriations, not
later than March 1 of each of fiscal years 2002 through 2006, the
Secretary shall submit to Congress an assessment of the number of acres of
Federal forest land recommended to be treated during the subsequent fiscal
year using stewardship end result contracts authorized by paragraph
(3).
(B) COMPONENTS- The assessment shall--
(i) be based on the treatment schedules contained in the report
entitled `Protecting People and Sustaining Resources in Fire-Adapted
Ecosystems', dated October 13, 2000 and incorporated into the National
Fire Plan;
(ii) identify the acreage by condition class, type of treatment, and
treatment year to achieve the restoration goals outlined in the report
within 10-, 15-, and 20-year time periods;
(iii) give priority to condition class 3 areas (as described in
subsection (a)(4)(A)), include modifications in the restoration goals
based on the effects of--
(II) hazardous fuel treatments under the National Fire Plan;
or
(iv) provide information relating to the type of material and
estimated quantities and range of sizes of material that shall be
included in the treatments;
(v) describe the land allocation categories in which the contract
authorities shall be used; and
(vi) give priority to areas described in subsection
(a)(4)(A).
(2) FUNDING RECOMMENDATION- The Secretary shall include in the annual
assessment under paragraph (1) a request for funds sufficient to implement
the recommendations contained in the assessment using stewardship end result
contracts described in paragraph (3) in any case in which the Secretary
determines that the objectives of the National Fire Plan would best be
accomplished through forest stewardship end result contracting.
(3) STEWARDSHIP END RESULT CONTRACTING-
(A) IN GENERAL- Subject to the availability of appropriations, the
Secretary may enter into stewardship end result contracts to implement the
National Fire Plan on National Forest System land based on the stewardship
treatment schedules provided in the annual assessments conducted under
paragraph (1).
(B) PERIOD OF CONTRACTS- The contracting goals and authorities
described in subsections (b) through (g) of section 347 of the Department
of the Interior and Related Agencies Appropriations Act, 1999 (commonly
known as the `Stewardship End Result Contracting Demonstration Project')
(16 U.S.C. 2104 note; Public Law 105-277), shall apply to contracts
entered into under this paragraph, except that the period of each such
contract shall be 10 years.
(C) STATUS REPORT- Beginning with the assessment required under
paragraph (1) for fiscal year 2003, the Secretary shall include in the
annual assessment under paragraph (1) a status report of the stewardship
end result contracts entered into under this paragraph.
(4) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated such sums as are necessary to carry out this subsection.
(e) TERMINATION OF AUTHORITY- The authority provided under this section
shall terminate on September 30, 2006.
SEC. 807. MCINTIRE-STENNIS COOPERATIVE FORESTRY RESEARCH PROGRAM.
It is the sense of Congress to reaffirm the importance of Public Law 87-88
(16 U.S.C. 582a et seq.), commonly known as the McIntire-Stennis Cooperative
Forestry Act.
TITLE IX--MISCELLANEOUS PROVISIONS
Subtitle A--Tree Assistance Program
SEC. 901. ELIGIBILITY.
(a) LOSS- Subject to the limitation in subsection (b), the Secretary of
Agriculture shall provide assistance, as specified in section 902, to eligible
orchardists that planted trees for commercial purposes but lost such trees as
a result of a natural disaster, as determined by the Secretary.
(b) LIMITATION- An eligible orchardist shall qualify for assistance under
subsection (a) only if such orchardist's tree mortality, as a result of the
natural disaster, exceeds 15 percent (adjusted for normal mortality).
SEC. 902. ASSISTANCE.
The assistance provided by the Secretary of Agriculture to eligible
orchardists for losses described in section 901 shall consist of either--
(1) reimbursement of 75 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
(2) at the discretion of the Secretary, sufficient seedlings to
reestablish the stand.
SEC. 903. LIMITATION ON ASSISTANCE.
(a) LIMITATION- The total amount of payments that a person shall be
entitled to receive under this subtitle may not exceed $50,000, or an
equivalent value in tree seedlings.
(b) REGULATIONS- The Secretary of Agriculture shall issue regulations--
(1) defining the term `person' for the purposes of this subtitle, which
shall conform, to the extent practicable, to the regulations defining the
term `person' issued under section 1001 of the Food Security Act of 1985 (7
U.S.C. 1308) and the Disaster Assistance Act of 1988 (7 U.S.C. 1421 note);
and
(2) prescribing such rules as the Secretary determines necessary to
ensure a fair and reasonable application of the limitation established under
this section.
SEC. 904. DEFINITIONS.
(1) ELIGIBLE ORCHARDIST- The term `eligible orchardist' means a person
who produces annual crops from trees for commercial purposes and owns 500
acres or less of such trees.
(2) NATURAL DISASTER- The term `natural disaster' includes plant
disease, insect infestation, drought, fire, freeze, flood, earthquake, and
other occurrences, as determined by the Secretary.
(3) TREE- The term `tree' includes trees, bushes, and vines.
Subtitle B--Other Matters
SEC. 921. BIOENERGY PROGRAM.
Notwithstanding any limitations in the Commodity Credit Corporation
Charter Act (15 U.S.C. 714 et seq.) or part 1424 of title 7, Code of Federal
Regulations, the Commodity Credit Corporation shall designate animal fats,
agricultural byproducts, and oils as eligible agricultural commodities for use
in the Bioenergy Program to promote industrial consumption of agricultural
commodities for the production of ethanol and biodiesel fuels.
SEC. 922. AVAILABILITY OF SECTION 32 FUNDS.
The 2d undesignated paragraph of section 32 of the Act of August 24, 1935
(Public Law 320; 49 Stat. 774; 7 U.S.C. 612c), is amended by striking
`$300,000,000' and inserting `$500,000,000'.
SEC. 923. SENIORS FARMERS' MARKET NUTRITION PROGRAM.
(a) ESTABLISHMENT- For each of the fiscal years 2002 through 2011, the
Secretary of Agriculture shall use $15,000,000 of the funds available to the
Commodity Credit Corporation to carry out and expand a seniors farmers' market
nutrition program.
(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;
(2) to increase the domestic consumption of agricultural commodities by
expanding or aiding in the expansion of domestic farmers' markets, roadside
stands, and community supported agriculture programs; and
(3) to develop or aid in the development of new and additional farmers'
markets, roadside stands, and community supported agriculture
programs.
(c) REGULATIONS- The Secretary may issue such regulations as the Secretary
considers necessary to carry out the seniors farmers' market nutrition
program.
SEC. 924. DEPARTMENT OF AGRICULTURE AUTHORITIES REGARDING CANEBERRIES.
(a) AUTHORITY FOR MARKETING ORDER AND RESEARCH AND PROMOTION ORDER-
Section 8c of the Agricultural Adjustment Act (7 U.S.C. 608c), reenacted with
amendments by the Agricultural Marketing Agreement Act of 1937, is
amended--
(A) in paragraph (A), by inserting `caneberries (including
raspberries, blackberries, and logenberries),' after `other than pears,
olives, grapefruit,'; and
(B) in the second sentence, by inserting `caneberries (including
raspberries, blackberries, and logenberries),' after `effective as to
cherries, apples,'; and
(2) in subsection (6)(I), by inserting `caneberries (including
raspberries, blackberries, and logenberries)' after `tomatoes,'.
(b) AUTHORITY WITH RESPECT TO IMPORTS- Section 8e(a) of such Act (7 U.S.C.
608e-1(a)) is amended by inserting `caneberries (including raspberries,
blackberries, and logenberries),' after `pistachios,'.
SEC. 925. NATIONAL APPEALS DIVISION.
Section 278 of the Department of Agriculture Reorganization Act of 1994 (7
U.S.C. 6998) is amended by adding at the end the following new subsection:
`(f) FINALITY OF CERTAIN APPEAL DECISIONS- If an appellant prevails at the
regional level in an administrative appeal of a decision by the Division, the
agency may not pursue an administrative appeal of that decision to the
national level.'.
SEC. 926. OUTREACH AND ASSISTANCE FOR SOCIALLY DISADVANTAGED FARMERS AND
RANCHERS.
Subsection (a) of section 2501 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 2279) is amended to read as follows:
`(a) OUTREACH AND ASSISTANCE-
`(1) IN GENERAL- The Secretary of Agriculture (in this section referred
to as the `Secretary') shall provide outreach and technical assistance
programs specifically to encourage and assist socially disadvantaged farmers
and ranchers to own and operate farms and ranches and to participate
equitably in the full range of agricultural programs. This assistance, which
should enhance coordination and make more effective the outreach, technical
assistance, and education efforts authorized in specific agriculture
programs, shall include information and assistance on commodity,
conservation, credit, rural, and business development programs, application
and bidding procedures, farm and risk management, marketing, and other
essential information to participate in agricultural and other programs of
the Department.
`(2) GRANTS AND CONTRACTS- The Secretary may make grants and enter into
contracts and other agreements in the furtherance of this section with the
following entities:
`(A) Any community-based organization, network, or coalition of
community-based organizations that--
`(i) has demonstrated experience in providing agricultural education
or other agriculturally related services to socially disadvantaged
farmers and ranchers;
`(ii) provides documentary evidence of its past experience of
working with socially disadvantaged farmers and ranchers during the 2
years preceding its application for assistance under this section;
and
`(iii) does not engage in activities prohibited under section
501(c)(3) of the Internal Revenue Code of 1986.
`(B) 1890 Land-Grant Colleges, including Tuskegee Institute, Indian
tribal community colleges and Alaska native cooperative colleges, Hispanic
serving post-secondary educational institutions, and other post-secondary
educational institutions with demonstrated experience in providing
agriculture education or other agriculturally related services to socially
disadvantaged family farmers and ranchers in their region.
`(C) Federally recognized tribes and national tribal organizations
with demonstrated experience in providing agriculture education or other
agriculturally related services to socially disadvantaged family farmers
and ranchers in their region.
`(3) FUNDING- There are authorized to be appropriated $25,000,000 for
each fiscal year to make grants and enter into contracts and other
agreements with the entities described in paragraph (2) and to otherwise
carry out the purposes of this subsection.'.
SEC. 927. EQUAL TREATMENT OF POTATOES AND SWEET POTATOES.
Section 508(a)(2) of the Federal Crop Insurance Act (7 U.S.C. 1508(a)(2))
is amended by striking `and potatoes' and inserting `, potatoes, and sweet
potatoes'.
SEC. 928. REFERENCE TO SEA GRASS AND SEA OATS AS CROPS COVERED BY NONINSURED
CROP DISASTER ASSISTANCE PROGRAM.
Section 196(a)(2)(B) of the Federal Agriculture Improvement and Reform Act
of 1996 (7 U.S.C. 7333(a)(2)(B)) is amended by inserting `sea grass and sea
oats,' after `fish),'.
SEC. 929. OPERATION OF GRADUATE SCHOOL OF DEPARTMENT OF AGRICULTURE.
(a) COMPETITION- Section 921 of the Federal Agriculture Improvement and
Reform Act of 1996 (7 U.S.C. 2279b) is amended--
(A) by striking `Under' and inserting the following:
`(1) EDUCATIONAL, TRAINING, AND PROFESSIONAL DEVELOPMENT ACTIVITIES-
Under'; and
(B) by adding at the end the following new paragraph:
`(2) COMPETITION- The Graduate School may not enter into a contract or
agreement with a Federal agency to provide services or conduct activities
described in paragraph (1) unless, before the awarding of the contract or
agreement, the contract or agreement was subject to competition that was
open to individuals and entities of the private sector.'; and
(2) in subsection (i), by striking `The' and inserting `Subject to
subsection (c)(2), the'.
(b) AUDITS OF RECORDS- Such section is further amended by adding at the
end the following new subsection:
`(k) AUDITS OF RECORDS- The financial records of the Graduate School
relating to contracts and agreements for services or activities described in
subsection (c)(1) shall be made available to the Comptroller General for
purposes of conducting an audit.'.
(c) CONFORMING REPEAL- Section 1669 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5922) is repealed.
SEC. 930. ASSISTANCE FOR LIVESTOCK PRODUCERS.
(a) AVAILABILITY OF ASSISTANCE- In such amounts as are provided in advance
in appropriation Acts, the Secretary may provide assistance to dairy and other
livestock producers to cover economic losses incurred by such producers in
connection with the production of livestock.
(b) TYPES OF ASSISTANCE- The assistance provided to livestock producers
may be in the form of--
(1) indemnity payments to livestock producers who incur livestock
mortality losses;
(2) livestock feed assistance to livestock producers affected by
shortages of feed;
(3) compensation for sudden increases in production costs; and
(4) such other assistance, and for such other economic losses, as the
Secretary considers appropriate.
(c) LIMITATIONS- Notwithstanding section 181(a), the Secretary may not use
the funds of the Commodity Credit Corporation to provide assistance under this
section.
(d) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated to the Secretary such sums as may be necessary to carry out this
section.
SEC. 931. COMPLIANCE WITH BUY AMERICAN ACT AND SENSE OF CONGRESS REGARDING
PURCHASE OF AMERICAN-MADE EQUIPMENT, PRODUCTS, AND SERVICES USING FUNDS PROVIDED
UNDER THIS ACT.
(a) COMPLIANCE WITH BUY AMERICAN ACT- No funds made available under this
Act, whether directly using funds of the Commodity Credit Corporation or
pursuant to an authorization of appropriations contained in this Act, may be
provided to a producer or other person or entity unless the producer, person,
or entity agrees to comply with the Buy American Act (41 U.S.C. 10a-10c) in
the expenditure of the funds.
(b) SENSE OF CONGRESS- In the case of any equipment, products, or services
that may be authorized to be purchased using funds provided under this Act, it
is the sense of Congress that producers and other recipients of such funds
should, in expending the funds, purchase only American-made equipment,
products, and services.
(c) NOTICE TO RECIPIENTS OF FUNDS- In providing payments or other
assistance under this Act, the Secretary of Agriculture shall provide to each
recipient of the funds a notice describing the requirements of subsection (a)
and the statement made in subsection (b) by Congress.
SEC. 932. REPORT REGARDING GENETICALLY ENGINEERED FOODS.
(a) IN GENERAL- Not later than 1 year after funds are made available to
carry out this section, the Secretary of Agriculture, acting through the
National Academy of Sciences, shall complete and transmit to Congress a report
that includes recommendations for the following:
(1) DATA AND TESTS- The type of data and tests that are needed to
sufficiently assess and evaluate human health risks from the consumption of
genetically engineered foods.
(2) MONITORING SYSTEM- The type of Federal monitoring system that should
be created to assess any future human health consequences from long-term
consumption of genetically engineered foods.
(3) REGULATIONS- A Federal regulatory structure to approve genetically
engineered foods that are safe for human consumption.
(b) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated to the Secretary of Agriculture $500,000 to carry out this
section.
SEC. 933. MARKET NAME FOR PANGASIUS FISH SPECIES.
The term `catfish' may not be considered to be a common or usual name (or
part thereof) for the fish Pangasius bocourti, or for any other fish not
classified within the family Ictalariidae, for purposes of section 403
of the Federal Food, Drug, and Cosmetic Act, including with respect to the
importation of such fish pursuant to section 801 of such Act.
SEC. 934. PROGRAM OF PUBLIC EDUCATION REGARDING USE OF BIOTECHNOLOGY IN
PRODUCING FOOD FOR HUMAN CONSUMPTION.
(a) PUBLIC INFORMATION CAMPAIGN- Not later than 1 year after the date of
the enactment of this Act, the Secretary of Agriculture shall develop and
implement a program to communicate with the public regarding the use of
biotechnology in producing food for human consumption. The information
provided under the program shall include the following:
(1) Science-based evidence on the safety of foods produced with
biotechnology.
(2) Scientific data on the human outcomes of the use of biotechnology to
produce food for human consumption.
(b) AUTHORIZATION OF APPROPRIATIONS- For each of fiscal years 2002 through
2011 there are authorized to be appropriated such sums as may be necessary to
carry out this section.
SEC. 935. GAO STUDY.
(a) IN GENERAL- The Comptroller General shall conduct a study and make
findings and recommendations with respect to determining how producer income
would be affected by updating yield bases, including--
(1) whether crop yields have increased over the past 20 years for both
program crops and oilseeds;
(2) whether program payments would be disbursed differently in this Act
if yield bases were updated;
(3) what impact this Act's target prices with updated yield bases would
have on producer income; and
(4) what impact lower target prices with updated yield bases would have
on producer income compared to this Act.
(b) REPORT- The Comptroller General shall submit a report to Congress on
the study, findings, and recommendations required by subsection (a), not later
than 6 months after the date of the enactment of this Act.
SEC. 936. INTERAGENCY TASK FORCE ON AGRICULTURAL COMPETITION.
(a) APPOINTMENT- Not later than 90 days after the date of the enactment of
this Act, the Secretary of Agriculture shall establish an Interagency Task
Force on Agricultural Competition (in this section referred to as the `Task
Force') and, after consultation with the Attorney General, shall appoint as
members of the Task Force such nine employees of the Department of Agriculture
and the Department of Justice as the Secretary considers to be appropriate.
The Secretary shall designate one member of the Task Force to serve as
chairperson of the Task Force.
(b) HEARINGS- The Task Force shall conduct hearings to review the
lessening of competition among purchasers of livestock, poultry, and
unprocessed agricultural commodities in the United States and shall include in
such hearings review of the following matters:
(1) The enforcement of particular Federal laws relating to
competition.
(2) The concentration and vertical integration of the business
operations of such purchasers.
(3) Discrimination and transparency in prices paid by such purchasers to
producers of livestock, poultry, and unprocessed agricultural commodities in
the United States.
(4) The economic protection and bargaining rights of producers who raise
livestock and poultry under contracts.
(5) Marketing innovations and alternatives available to producers of
livestock, poultry, and unprocessed agricultural commodities in the United
States.
(c) REPORT- Not later than 1 year after the last member of the Task Force
is appointed, the Task Force 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 containing the findings and recommendations
of the Task Force for appropriate administrative and legislative action.
SEC. 937. AUTHORIZATION FOR ADDITIONAL STAFF AND FUNDING FOR THE GRAIN
INSPECTION, PACKERS AND STOCKYARDS ADMINISTRATION.
There are authorized to be appropriated such sums as are necessary to
enhance the capability of the Grain Inspection, Packers and Stockyards
Administration to monitor, investigate, and pursue the competitive
implications of structural changes in the meat packing industry. Sums are
specifically earmarked to hire litigating attorneys to allow the Grain
Inspection, Packers and Stockyards Administration to more comprehensively and
effectively pursue its enforcement activities.
SEC. 938. ENFORCEMENT OF THE HUMANE METHODS OF SLAUGHTER ACT OF 1958.
(a) FINDINGS- Congress finds as follows:
(1) Public demand for passage of Public Law 85-765 (7 U.S.C. 1901 et
seq.; commonly known as the `Humane Methods of Slaughter Act of 1958') was
so great that when President Eisenhower was asked at a press conference if
he would sign the bill, he replied, `If I went by mail, I'd think no one was
interested in anything but humane slaughter'.
(2) The Humane Methods of Slaughter Act of 1958 requires that animals be
rendered insensible to pain when they are slaughtered.
(3) Scientific evidence indicates that treating animals humanely results
in tangible economic benefits.
(4) The United States Animal Health Association passed a resolution at a
meeting in October 1998 to encourage strong enforcement of the Humane
Methods of Slaughter Act of 1958 and reiterated support for the resolution
at a meeting in 2000.
(5) The Secretary of Agriculture is responsible for fully enforcing the
Act, including monitoring compliance by the slaughtering industry.
(b) SENSE OF CONGRESS- It is the sense of Congress that the Secretary of
Agriculture should fully enforce Public Law 85-765 (7 U.S.C. 1901 et seq.;
commonly known as the `Humane Methods of Slaughter Act
of 1958') by ensuring that humane methods in the slaughter of livestock--
(1) prevent needless suffering;
(2) result in safer and better working conditions for persons engaged in
the slaughtering industry;
(3) bring about improvement of products and economies in slaughtering
operations; and
(4) produce other benefits for producers, processors, and consumers that
tend to expedite an orderly flow of livestock and livestock products in
interstate and foreign commerce.
(c) POLICY OF THE UNITED STATES- It is the policy of the United States
that the slaughtering of livestock and the handling of livestock in connection
with slaughter shall be carried out only by humane methods, as provided by
Public Law 85-765 (7 U.S.C. 1901 et seq.; commonly known as the `Humane
Methods of Slaughter Act of 1958').
SEC. 939. PENALTIES AND FOREIGN COMMERCE PROVISIONS OF THE ANIMAL WELFARE
ACT.
(a) PENALTIES AND FOREIGN COMMERCE PROVISIONS OF THE ANIMAL WELFARE ACT-
Section 26 of the Animal Welfare Act (7 U.S.C. 2156) is amended--
(A) by inserting `PENALTIES- ' after `(e)';
(B) by striking `$5,000' and inserting `$15,000'; and
(C) by striking `1 year' and inserting `2 years'; and
(2) in subsection (g)(2)(B), by inserting at the end before the
semicolon the following: `or from any State into any foreign country'.
(b) EFFECTIVE DATE- The amendments made by this section take effect 30
days after the date of the enactment of this Act.
SEC. 940. IMPROVE ADMINISTRATION OF ANIMAL AND PLANT HEALTH INSPECTION
SERVICE.
(a) DEFINITIONS- In this section:
(1) SECRETARY- The term `Secretary' means the Secretary of Agriculture,
acting through the Administrator of the Service.
(2) SERVICE- The term `Service' means the Animal and Plant Health
Inspection Service of the Department of Agriculture.
(b) EXEMPTION- Notwithstanding any other provision of law, any migratory
bird management carried out by the Secretary shall be exempt from the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) (including
regulations).
(c) PERMITS; MANAGEMENT- An agent, officer, or employee of the Service
that carries out any activity relating to migratory bird management may, under
the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.)--
(1) issue a depredation permit to a stakeholder or cooperator of the
Service; and
(2) manage and take migratory birds.
SEC. 941. RENEWABLE ENERGY RESOURCES.
(a) ENVIRONMENTAL QUALITY INCENTIVES PROGRAM- Section 1240 of the Food
Security Act of 1985 (16 U.S.C. 3839aa), as amended by section 231 of this
Act, is amended--
(1) by striking `and' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4); and
(3) by adding at the end the following:
`(5) assistance to farmers and ranchers for the assessment and
development of their on-farm renewable resources, including biomass for the
production of power and fuels, wind, and solar.'.
(b) COOPERATIVE STATE RESEARCH, EDUCATION, AND EXTENSION SERVICE- The
Secretary of Agriculture, through the Cooperative State Research, Education,
and Extension Service and, to the extent practicable, in collaboration with
the Natural Resources Conservation Service, regional biomass programs under
the Department of Energy, and other appropriate entities, may provide
education and technical assistance to farmers and ranchers for the development
and marketing of renewable energy resources, including biomass for the
production of power and fuels, wind, solar, and geothermal.
SEC. 942. USE OF AMOUNTS PROVIDED FOR FIXED, DECOUPLED PAYMENTS TO PROVIDE
NECESSARY FUNDS FOR RURAL DEVELOPMENT PROGRAMS.
Notwithstanding section 104 of this Act, in each of fiscal years 2002
through 2011, the Secretary of Agriculture shall--
(1) reduce the total amount payable under section 104 of this Act, on a
pro rata basis, so that the total amount of such reductions equals
$100,000,000; and
(A) $45,000,000 for grants under 306A of the Consolidated Farm and
Rural Development Act (relating to the community water assistance grant
program);
(B) $45,000,000 for grants under 613 of this Act (relating to the
pilot program for development and implementation of strategic regional
development plans); and
(C) $10,000,000 for grants under section 231(a)(1) of the Agricultural
Risk Protection Act of 2000 (relating to value-added agricultural product
market development grants).
SEC. 943. UNLAWFUL STOCKYARD PRACTICES INVOLVING NONAMBULATORY
LIVESTOCK.
Title III of the Packers and Stockyards Act, 1921, (7 U.S.C. 201 et seq.)
is amended by adding at the end the following:
`SEC. 318. UNLAWFUL STOCKYARD PRACTICES INVOLVING NONAMBULATORY
LIVESTOCK.
`(a) DEFINITIONS- In this section:
`(1) HUMANELY EUTHANIZE- The term `humanely euthanize' means to kill an
animal by mechanical, chemical, or other means that immediately render the
animal unconscious, with this state remaining until the animal's
death.
`(2) NONAMBULATORY LIVESTOCK- The term `nonambulatory livestock' means
any livestock that is unable to stand and walk unassisted.
`(1) IN GENERAL- Except as provided in paragraph (2), it shall be
unlawful for any stockyard owner, market agency, or dealer to buy, sell,
give, receive, transfer, market, hold, or drag any nonambulatory livestock
unless the nonambulatory livestock has been humanely euthanized.
`(A) NON-GIPSA FARMS- Paragraph (1) shall not apply to any farm the
animal care practices of which are not subject to the authority of the
Grain Inspection, Packers, and Stockyards Administration.
`(B) VETERINARY CARE- Paragraph (1) shall not apply in a case in which
nonambulatory livestock receive veterinary care intended to render the
livestock ambulatory.
`(c) APPLICATION OF PROHIBITION- Subsection (b) shall apply beginning one
year after the date of the enactment of the Farm Security Act of 2001. By the
end of such period, the Secretary shall promulgate regulations to carry out
this section.'.
SEC. 944. ANNUAL REPORT ON IMPORTS OF BEEF AND PORK.
The Secretary shall submit to the Congress an annual report on the amount
of beef and pork that is imported into the United States each calendar
year.
END