S 2040 IS
107th CONGRESS
2d Session
S. 2040
To provide emergency agricultural assistance to producers of the 2002
crop.
IN THE SENATE OF THE UNITED STATES
March 21, 2002
Mr. ROBERTS (for himself, Mr. CRAIG, and Mr. BURNS) introduced the following
bill; which was read twice and referred to the Committee on Agriculture,
Nutrition, and Forestry
A BILL
To provide emergency agricultural assistance to producers of the 2002
crop.
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 `Emergency Agricultural
Assistance Act of 2002'.
(b) TABLE OF CONTENTS- The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I--MARKET LOSS ASSISTANCE
Sec. 101. Market loss assistance.
Sec. 105. Wool and mohair.
Sec. 107. Commodity purchases.
Sec. 108. Loan deficiency payments.
Sec. 109. Payments in lieu of loan deficiency payments for grazed
acreage.
Sec. 113. Livestock feed assistance program.
TITLE II--CONSERVATION
Sec. 201. Conservation reserve program.
Sec. 202. Wetlands reserve program.
Sec. 203. Environmental quality incentives program.
Sec. 204. Farmland protection program.
TITLE III--ADMINISTRATION
Sec. 301. Obligation period.
Sec. 302. Commodity Credit Corporation.
TITLE I--MARKET LOSS ASSISTANCE
SEC. 101. MARKET LOSS ASSISTANCE.
(a) IN GENERAL- The Secretary of Agriculture (referred to in this Act as
the `Secretary') shall use funds of the Commodity Credit Corporation to
provide assistance in the form of a market loss assistance payment to owners
and producers on a farm that are eligible for a final payment for fiscal year
2002 under a production flexibility contract for the farm under the
Agricultural Market Transition Act (7 U.S.C. 7201 et seq.).
(b) PAYMENT RATE- In providing payments under this section, the Secretary
shall use the payment rate for a contract commodity for fiscal year 2000 that
applied under section 114(c) of the Agricultural Market Transition Act (7
U.S.C. 7214(c)).
(c) PROTECTION OF TENANTS AND SHARECROPPERS; SHARING OF PAYMENTS- Sections
111(c) and 114(g) of the Agricultural Market Transition Act (7 U.S.C. 7211(c),
7214(g)) shall apply to the payments made under subsection (a).
SEC. 102. OILSEEDS.
(a) IN GENERAL- The Secretary shall use $466,000,000 of funds of the
Commodity Credit Corporation to make payments to producers that planted a 2002
crop of oilseeds (as defined in section 102 of the Agricultural Market
Transition Act (7 U.S.C. 7202)).
(b) COMPUTATION- A payment to producers on a farm under this section for
an oilseed shall be equal to the product obtained by multiplying--
(1) a payment rate determined by the Secretary;
(2) the acreage determined under subsection (c); and
(3) the yield determined under subsection (d).
(1) IN GENERAL- Except as provided in paragraph (2), the acreage of the
producers on the farm for an oilseed under subsection (b)(2) shall be equal
to the number of acres planted to the oilseed by the producers on the farm
during the 1999, 2000, or 2001 crop year, whichever is greatest, as
determined by the Secretary.
(2) NEW PRODUCERS- In the case of producers on a farm that planted
acreage to a type of oilseed during the 2002 crop year but not the 1999,
2000, or 2001 crop year, the acreage of the producers for the type of
oilseed under subsection (b)(2) shall be equal to the number of acres
planted to the type of oilseed by the producers on the farm during the 2002
crop year, as determined by the Secretary.
(1) SOYBEANS- Except as provided in paragraph (3), in the case of
soybeans, the yield of the producers on a farm under subsection (b)(3) shall
be equal to the greater of--
(A) the average county yield per harvested acre for each of the 1997
through 2001 crop years, excluding the crop year with the greatest yield
per harvested acre and the crop year with the lowest yield per harvested
acre; or
(B) the actual yield of the producers on the farm for the 1999, 2000,
or 2001 crop year, as determined by the Secretary.
(2) OTHER OILSEEDS- Except as provided in paragraph (3), in the case of
oilseeds other than soybeans, the yield of the producers on a farm under
subsection (b)(3) shall be equal to the greater of--
(A) the average national yield per harvested acre for each of the 1997
through 2001 crop years, excluding the crop year with the greatest yield
per harvested acre and the crop year with the lowest yield per harvested
acre; or
(B) the actual yield of the producers on the farm for the 1999, 2000,
or 2001 crop year, as determined by the Secretary.
(3) NEW PRODUCERS- In the case of producers on a farm that planted
acreage to a type of an oilseed during the 2002 crop year but not the 1999,
2000, or 2001 crop year, the yield of the producers on a farm under
subsection (b)(3) shall be equal to the greater of--
(A) the average county yield per harvested acre for each of the 1997
through 2001 crop years, excluding the crop year with the
greatest
yield per harvested acre and the crop year with the lowest yield per
harvested acre; or
(B) the actual yield of the producers on the farm for the 2002
crop.
(4) DATA SOURCE- To the maximum extent available, the Secretary shall
use data provided by the National Agricultural Statistics Service to carry
out this subsection.
SEC. 103. PEANUTS.
The Secretary shall use $55,210,000 of funds of the Commodity Credit
Corporation to provide a supplemental payment under section 204(a) of the
Agricultural Risk Protection Act of 2000 (7 U.S.C. 1421 note; Public Law
106-224) to producers of quota peanuts or additional peanuts for the 2002 crop
year that received a payment under that section.
SEC. 104. HONEY.
(a) IN GENERAL- The Secretary shall use $93,000,000 of funds of the
Commodity Credit Corporation to make available recourse loans to producers of
the 2002 crop of honey on fair and reasonable terms and conditions, as
determined by the Secretary.
(b) LOAN RATE- The loan rate for a loan under subsection (a) shall be
equal to 85 percent of the average price of honey during the 5-crop year
period preceding the 2002 crop year, excluding the crop year in which the
average price of honey was the highest and the crop year in which the average
price of honey was the lowest in the period.
(c) TERM OF LOAN- A loan under this section shall have a term of 9 months
beginning on the first day of the first month after the month in which the
loan is made.
SEC. 105. WOOL AND MOHAIR.
(a) IN GENERAL- The Secretary shall use $16,940,000 of funds of the
Commodity Credit Corporation to provide a supplemental payment under section
814 of the Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 2001 (114 Stat. 1549, 1549A-55), to
producers of wool, and producers of mohair, for the 2002 marketing year that
received a payment under that section.
(b) PAYMENT RATE- The Secretary shall adjust the payment rate specified in
that section to reflect the amount made available for payments under this
section.
SEC. 106. COTTONSEED.
The Secretary shall use $93,000,000 of funds of the Commodity Credit
Corporation to provide assistance to producers and first-handlers of the 2002
crop of cottonseed.
SEC. 107. COMMODITY PURCHASES.
(a) IN GENERAL- The Secretary shall use $186,000,000 of funds of the
Commodity Credit Corporation to purchase agricultural commodities, especially
agricultural commodities that have experienced low prices during the 2002 crop
year.
(b) GEOGRAPHIC DIVERSITY- The Secretary is encouraged to purchase
agricultural commodities under this section in a manner that reflects the
geographic diversity of agricultural production in the United States.
(c) OTHER PURCHASES- The Secretary shall ensure that purchases of
agricultural commodities under this section are in addition to purchases by
the Secretary under any other law.
(d) TRANSPORTATION AND DISTRIBUTION COSTS- The Secretary may use not more
than $20,000,000 of the funds made available under subsection (a) to provide
assistance to States to cover costs incurred by the States in transporting and
distributing agricultural commodities purchased under this section.
(e) PURCHASES FOR SCHOOL NUTRITION PROGRAMS- The Secretary shall use not
less than $55,000,000 of the funds made available under subsection (a) to
purchase agricultural commodities of the type distributed under section 6(a)
of the Richard B. Russell National School Lunch Act (42 U.S.C. 1755(a)) for
distribution to schools and service institutions in accordance with section
6(a) of that Act.
SEC. 108. LOAN DEFICIENCY PAYMENTS.
Section 135 of the Federal Agriculture Improvement and Reform Act of 1996
(7 U.S.C. 7235) is amended--
(1) in subsection (a)(2), by striking `the 2000 crop year' and inserting
`each of the 2000 and 2002 crop years'; and
(2) by striking subsections (e) and (f) and inserting the
following:
`(e) BENEFICIAL INTEREST-
`(1) IN GENERAL- A producer shall be eligible for a payment for a loan
commodity under this section only if the producer has a beneficial interest
in the loan commodity, as determined by the Secretary.
`(2) APPLICATION- The Secretary shall make a payment under this section
to the producers on a farm with respect to a quantity of a loan commodity as
of the earlier of--
`(A) the date on which the producers on the farm marketed or otherwise
lost beneficial interest in the loan commodity, as determined by the
Secretary; or
`(B) the date the producers on the farm request the payment.
`(3) 2001 CROP- Notwithstanding paragraphs (1) and (2), effective for
the 2001 crop only, if a producer eligible for a payment under this section
loses beneficial interest in the covered commodity, the producer shall be
eligible for the payment determined as of the date the producer lost
beneficial interest in the covered commodity, as determined by the
Secretary.'.
SEC. 109. PAYMENTS IN LIEU OF LOAN DEFICIENCY PAYMENTS FOR GRAZED
ACREAGE.
(a) IN GENERAL- Subtitle C of title I of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7231 et seq.) is amended by
adding at the end the following:
`SEC. 138. PAYMENTS IN LIEU OF LOAN DEFICIENCY PAYMENTS FOR GRAZED
ACREAGE.
`(a) IN GENERAL- For the 2002 crop of wheat, grain sorghum, barley, and
oats, in the case of the producers on a farm that would be eligible for a loan
deficiency payment under section 135 for wheat, grain sorghum, barley, or
oats, but that elects to use acreage planted to the wheat, grain sorghum,
barley, or oats for the grazing of livestock, the Secretary shall make a
payment to the producers on the farm under this section if the producers on
the farm enter into an agreement with the Secretary to forgo any other
harvesting of the wheat, grain sorghum, barley, or oats on the acreage.
`(b) PAYMENT AMOUNT- The amount of a payment made to the producers on a
farm under this section shall be equal to the amount obtained by
multiplying--
`(1) the loan deficiency payment rate determined under section 135(c) in
effect, as of the date of the agreement, for the county in which the farm is
located; by
`(2) the payment quantity obtained by multiplying--
`(A) the quantity of the grazed acreage on the farm with respect to
which the producers on the farm elect to forgo harvesting of wheat, grain
sorghum, barley, or oats; and
`(B) the payment yield for that contract 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 135.
`(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, grain sorghum, barley, and oats established
by the Secretary for marketing assistance loans authorized by this
subtitle.
`(d) PROHIBITION ON CROP INSURANCE OR NONINSURED CROP ASSISTANCE- The
producers on a farm 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 with respect to a crop of wheat, grain sorghum, barley, or oats
planted on acreage that the producers on the farm elect, in the agreement
required by subsection (a), to use for the grazing of livestock in lieu of any
other harvesting of the crop.'.
SEC. 110. MILK.
Section 141 of the Agricultural Market Transition Act (7 U.S.C. 7251) is
amended by striking `May 31, 2002' each place it appears and inserting
`December 31, 2002'.
SEC. 111. PULSE CROPS.
(a) IN GENERAL- The Secretary shall use $20,000,000 of funds of the
Commodity Credit Corporation to provide assistance in the form of a market
loss assistance payment to owners and producers on a farm that grow a 2002
crop of dry peas, lentils, or chickpeas (collectively referred to in this
section as a `pulse crop').
(b) COMPUTATION- A payment to owners and producers on a farm under this
section for a pulse crop shall be equal to the product obtained by
multiplying--
(1) a payment rate determined by the Secretary; by
(2) the acreage of the producers on the farm for the pulse crop
determined under subsection (c).
(1) IN GENERAL- The acreage of the producers on the farm for a pulse
crop under subsection (b)(2) shall be equal to the number of acres planted
to the pulse crop by the owners and producers on the farm during the 1999,
2000, or 2001 crop year, whichever is greatest.
(2) BASIS- For the purpose of paragraph (1), the number of acres planted
to a pulse crop by the owners and producers on the farm for a crop year
shall be based on (as determined by the Secretary)--
(A) the number of acres planted to the pulse crop for the crop year by
the owners and producers on the farm, including any acreage that is
included in reports that are filed late; or
(B) the number of acres planted to the pulse crop for the crop year
for the purpose of the Federal crop insurance program established under
the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.).
SEC. 112. TOBACCO.
(a) PAYMENTS- The Secretary shall use $100,000,000 of funds of the
Commodity Credit Corporation to provide supplemental payments to owners,
controllers, and growers of tobacco for which a basic quota or allotment is
established for the 2002 crop year under part I of subtitle B of title III of
the Agricultural Adjustment Act of 1938 (7 U.S.C. 1311 et seq.), as determined
by the Secretary.
(b) LOAN FORFEITURES- Notwithstanding sections 106 through 106B of the
Agricultural Act of 1949 (7 U.S.C. 1445 through 1445-2)--
(1) a producer-owned cooperative marketing association may fully settle
(without further cost to the Association) a loan made for each of the 2000
and 2001 crops of types 21, 22, 23, 35, 36, and 37 of an agricultural
commodity under sections 106 through 106B of that Act by forfeiting to the
Commodity Credit Corporation the agricultural commodity covered by the loan
regardless of the condition of the commodity;
(2) any losses to the Commodity Credit Corporation as a result of
paragraph (1)--
(A) shall not be charged to the Account (as defined in section 106B(a)
of that Act); and
(B) shall not affect the amount of any assessment imposed against the
commodity under sections 106 through 106B of that Act; and
(3) the commodity forfeited pursuant to this subsection--
(A) shall not be counted for the purposes of any determination for any
year pursuant to section 319 of the Agricultural Adjustment Act of 1938 (7
U.S.C. 1314e); and
(B) may be disposed of in a manner determined by the Secretary of
Agriculture, except that the commodity may not be sold for use in the
United States for human consumption.
SEC. 113. LIVESTOCK FEED ASSISTANCE PROGRAM.
The Secretary shall use $500,000,000 of funds of the Commodity Credit
Corporation to provide livestock feed assistance to livestock producers
affected by disasters during calendar year 2001 or 2002.
TITLE II--CONSERVATION
SEC. 201. CONSERVATION RESERVE PROGRAM.
Notwithstanding section 11 of the Commodity Credit Corporation Charter Act
(15 U.S.C. 714i), in addition to amounts made available under other provisions
of law, the Secretary shall use $44,000,000 of funds of the Commodity Credit
Corporation to provide technical assistance under the conservation reserve
program established under subchapter B of chapter 1 of subtitle D of title XII
of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.).
SEC. 202. WETLANDS RESERVE PROGRAM.
(a) MAXIMUM ENROLLMENT- Notwithstanding section 1237(b)(1) of the Food
Security Act of 1985 (16 U.S.C. 3837(b)(1)) and section 808 of the
Agriculture, Rural Development, Food and Drug Administration, and Related
Agencies Appropriations Act, 2001 (114 Stat. 1549, 1549A-52), subject to
subsection (b), the Secretary shall use $200,000,000 of funds of the Commodity
Credit Corporation for enrollment of additional acres beginning in fiscal year
2002 in the wetlands reserve program established under subchapter C of chapter
1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3837
et seq.).
(b) TECHNICAL ASSISTANCE; MONITORING AND MAINTENANCE EXPENSES-
Notwithstanding section 11 of the Commodity Credit Corporation Charter Act (15
U.S.C. 714i), of the funds made available under subsection (a), the Secretary
shall use--
(1) not less than $12,000,000, but not more than $15,000,000, to provide
technical assistance under the wetlands reserve program; and
(2) not less than $8,000,000, but not more than $10,000,000, for
monitoring and maintenance expenses incurred by the Secretary for land
enrolled in the wetlands reserve program as of the date of enactment of this
Act.
SEC. 203. ENVIRONMENTAL QUALITY INCENTIVES PROGRAM.
In addition to amounts made available under section 1241 of the Food
Security Act of 1985 (16 U.S.C. 3841), the Secretary shall use $300,000,000 of
funds of the Commodity Credit Corporation to carry out the environmental
quality incentives program established under chapter 4 of subtitle D of title
XII of the Food Security Act of 1985 (16 U.S.C. 3839aa et seq.).
SEC. 204. FARMLAND PROTECTION PROGRAM.
(a) IN GENERAL- In addition to amounts made available under section 388(c)
of the Federal Agriculture Improvement and Reform Act of 1996 (16 U.S.C. 3830
note; Public Law 104-127) or any other provision of law,
the Secretary shall use $161,000,000 of funds of the Commodity Credit
Corporation to make payments under the farmland protection program established
under section 388 of the Federal Agriculture Improvement and Reform Act of 1996
to--
(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, 1 or more of the
conservation purposes specified in clauses (i), (ii), and (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.
(b) TECHNICAL ASSISTANCE- Notwithstanding section 11 of the Commodity
Credit Corporation Charter Act (15 U.S.C. 714i), of the funds made available
under subsection (a), the Secretary may use not more than $13,000,000 to
provide technical assistance under the farmland protection program.
TITLE III--ADMINISTRATION
SEC. 301. OBLIGATION PERIOD.
The Secretary and the Commodity Credit Corporation shall obligate and
expend funds only during fiscal year 2002 to carry out this Act and the
amendments made by this Act (other than sections 106, 107, and 110).
SEC. 302. COMMODITY CREDIT CORPORATION.
Except as otherwise provided in this Act, the Secretary shall use the
funds, facilities, and authorities of the Commodity Credit Corporation to
carry out this Act.
SEC. 303. REGULATIONS.
(a) IN GENERAL- The Secretary may promulgate such regulations as are
necessary to implement this Act and the amendments made by this Act.
(b) PROCEDURE- The promulgation of the regulations and administration of
the amendments made by this Act 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 known as the
`Paperwork Reduction Act').
(c) CONGRESSIONAL REVIEW OF AGENCY RULEMAKING- In carrying out this
section, the Secretary shall use the authority provided under section 808 of
title 5, United States Code.
END