Library / Laws / 113th / hr / H.R. 1947 / Reported in House
IB
Union Calendar No. 73
113th CONGRESS
1st Session
H. R. 1947
[Report No. 113–92, Parts I
and II]
IN THE HOUSE OF
REPRESENTATIVES
May 13, 2013
Mr. Lucas (for
himself and Mr. Peterson) introduced
the following bill; which was referred to the
Committee on
Agriculture
May 29, 2013
Reported with an amendment and referred to the
Committees on Foreign
Affairs and the
Judiciary for a period ending not later than June 7, 2013, for
consideration of such provisions of the bill and amendment as fall within the
jurisdiction of those committees pursuant to clause 1(i) and clause 1(l),
respectively, of rule X
Strike out all after the enacting clause and insert
the part printed in italic
June 7, 2013
Referral to the Committees on Foreign Affairs and
the Judiciary extended
for a period ending not later than June 10, 2013
June 10, 2013
The Committee on
Foreign Affairs discharged
June 10, 2013
Reported from the Committee on the Judiciary with
amendments, committed to the Committee of the Whole House on the State of the
Union, and ordered to be printed
Omit the part struck through in roman and insert
the part printed in boldface roman
A BILL
To provide for the reform and continuation
of agricultural and other programs of the Department of Agriculture through
fiscal year 2018, and for other purposes.
1.
Short title; table of
contents
(a)
Short
title
This Act may be cited
as the Federal Agriculture Reform and
Risk Management Act of 2013.
(b)
Table of
contents
The table of contents of this Act is as follows:
Sec. 1. Short title; table of
contents.
Sec. 2. Definition of Secretary of
Agriculture.
Title I—Commodities
Subtitle A—Repeals and reforms
Sec. 1101. Repeal of direct
payments.
Sec. 1102. Repeal of counter-cyclical
payments.
Sec. 1103. Repeal of average crop revenue
election program.
Sec. 1104. Definitions.
Sec. 1105. Base acres.
Sec. 1106. Payment yields.
Sec. 1107. Farm risk management
election.
Sec. 1108. Producer agreements.
Sec. 1109. Period of effectiveness.
Subtitle B—Marketing loans
Sec. 1201. Availability of nonrecourse
marketing assistance loans for loan commodities.
Sec. 1202. Loan rates for nonrecourse marketing
assistance loans.
Sec. 1203. Term of loans.
Sec. 1204. Repayment of loans.
Sec. 1205. Loan deficiency
payments.
Sec. 1206. Payments in lieu of loan deficiency
payments for grazed acreage.
Sec. 1207. Special marketing loan provisions
for upland cotton.
Sec. 1208. Special competitive provisions for
extra long staple cotton.
Sec. 1209. Availability of recourse loans for
high moisture feed grains and seed cotton.
Sec. 1210. Adjustments of loans.
Subtitle C—Sugar
Sec. 1301. Sugar program.
Subtitle D—Dairy
Part I—Dairy producer margin protection and
dairy market stabilization programs
Sec. 1401. Definitions.
Sec. 1402. Calculation of average feed cost and
actual dairy producer margins.
Subpart A—Dairy producer margin protection
program
Sec. 1411. Establishment of dairy producer
margin protection program.
Sec. 1412. Participation of dairy producers in
margin protection program.
Sec. 1413. Production history of participating
dairy producers.
Sec. 1414. Basic margin protection.
Sec. 1415. Supplemental margin
protection.
Sec. 1416. Effect of failure to pay
administrative fees or premiums.
Subpart B—Dairy Market Stabilization
Program
Sec. 1431. Establishment of dairy market
stabilization program.
Sec. 1432. Threshold for implementation and
reduction in dairy producer payments.
Sec. 1433. Producer milk marketing
information.
Sec. 1434. Calculation and collection of
reduced dairy producer payments.
Sec. 1435. Remitting monies to the Secretary
and use of monies.
Sec. 1436. Suspension of reduced payment
requirement.
Sec. 1437. Enforcement.
Sec. 1438. Audit requirements.
Subpart C—Commodity Credit
Corporation
Sec. 1451. Use of Commodity Credit
Corporation.
Subpart D—Initiation and duration
Sec. 1461. Rulemaking.
Sec. 1462. Duration.
Part II—Repeal or reauthorization of other
dairy-related provisions
Sec. 1481. Repeal of dairy product price
support and milk income loss contract programs.
Sec. 1482. Repeal of dairy export incentive
program.
Sec. 1483. Extension of dairy forward pricing
program.
Sec. 1484. Extension of dairy indemnity
program.
Sec. 1485. Extension of dairy promotion and
research program.
Sec. 1486. Repeal of Federal Milk Marketing
Order Review Commission.
Part III—Effective date
Sec. 1491. Effective date.
Subtitle E—Supplemental Agricultural Disaster
Assistance Programs
Sec. 1501. Supplemental agricultural disaster
assistance.
Subtitle F—Administration
Sec. 1601. Administration
generally.
Sec. 1602. Suspension of permanent price
support authority.
Sec. 1603. Payment limitations.
Sec. 1604. Adjusted gross income
limitation.
Sec. 1605. Geographically disadvantaged farmers
and ranchers.
Sec. 1606. Personal liability of producers for
deficiencies.
Sec. 1607. Prevention of deceased individuals
receiving payments under farm commodity programs.
Sec. 1608. Technical corrections.
Sec. 1609. Assignment of payments.
Sec. 1610. Tracking of benefits.
Sec. 1611. Signature authority.
Sec. 1612. Implementation.
Sec. 1613. Protection of producer
information.
Title II—Conservation
Subtitle A—Conservation Reserve
Program
Sec. 2001. Extension and enrollment
requirements of conservation reserve program.
Sec. 2002. Farmable wetland
program.
Sec. 2003. Duties of owners and
operators.
Sec. 2004. Duties of the Secretary.
Sec. 2005. Payments.
Sec. 2006. Contract requirements.
Sec. 2007. Conversion of land subject to
contract to other conserving uses.
Sec. 2008. Effective date.
Subtitle B—Conservation Stewardship
Program
Sec. 2101. Conservation stewardship
program.
Subtitle C—Environmental Quality Incentives
Program
Sec. 2201. Purposes.
Sec. 2202. Establishment and
administration.
Sec. 2203. Evaluation of
applications.
Sec. 2204. Duties of producers.
Sec. 2205. Limitation on payments.
Sec. 2206. Conservation innovation grants and
payments.
Sec. 2207. Effective date.
Subtitle D—Agricultural Conservation Easement
Program
Sec. 2301. Agricultural conservation easement
program.
Subtitle E—Regional Conservation Partnership
Program
Sec. 2401. Regional conservation partnership
program.
Subtitle F—Other Conservation
Programs
Sec. 2501. Conservation of private grazing
land.
Sec. 2502. Grassroots source water protection
program.
Sec. 2503. Voluntary public access and habitat
incentive program.
Sec. 2504. Agriculture conservation experienced
services program.
Sec. 2505. Small watershed rehabilitation
program.
Sec. 2506. Agricultural management assistance
program.
Subtitle G—Funding and
Administration
Sec. 2601. Funding.
Sec. 2602. Technical assistance.
Sec. 2603. Reservation of funds to provide
assistance to certain farmers or ranchers for conservation access.
Sec. 2604. Annual report on program enrollments
and assistance.
Sec. 2605. Review of conservation practice
standards.
Sec. 2606. Administrative requirements
applicable to all conservation programs.
Sec. 2607. Standards for State technical
committees.
Sec. 2608. Rulemaking authority.
Subtitle H—Repeal of Superseded Program
Authorities and Transitional Provisions; Technical Amendments
Sec. 2701. Comprehensive conservation
enhancement program.
Sec. 2702. Emergency forestry conservation
reserve program.
Sec. 2703. Wetlands reserve
program.
Sec. 2704. Farmland protection program and farm
viability program.
Sec. 2705. Grassland reserve
program.
Sec. 2706. Agricultural water enhancement
program.
Sec. 2707. Wildlife habitat incentive
program.
Sec. 2708. Great Lakes basin
program.
Sec. 2709. Chesapeake Bay watershed
program.
Sec. 2710. Cooperative conservation partnership
initiative.
Sec. 2711. Environmental easement
program.
Sec. 2712. Technical amendments.
Title III—Trade
Subtitle A—Food for Peace Act
Sec. 3001. General authority.
Sec. 3002. Support for organizations through
which assistance is provided.
Sec. 3003. Food aid quality.
Sec. 3004. Minimum levels of
assistance.
Sec. 3005. Food Aid Consultative
Group.
Sec. 3006. Oversight, monitoring, and
evaluation.
Sec. 3007. Assistance for stockpiling and rapid
transportation, delivery, and distribution of shelf-stable prepackaged
foods.
Sec. 3008. General provisions.
Sec. 3009. Prepositioning of agricultural
commodities.
Sec. 3010. Annual report regarding food aid
programs and activities.
Sec. 3011. Deadline for agreements to finance
sales or to provide other assistance.
Sec. 3012. Authorization of
appropriations.
Sec. 3013. Micronutrient fortification
programs.
Sec. 3014. John Ogonowski and Doug Bereuter
Farmer-to-Farmer Program.
Subtitle B—Agricultural Trade Act of
1978
Sec. 3101. Funding for export credit guarantee
program.
Sec. 3102. Funding for market access
program.
Sec. 3103. Foreign market development
cooperator program.
Subtitle C—Other Agricultural Trade
Laws
Sec. 3201. Food for Progress Act of
1985.
Sec. 3202. Bill Emerson Humanitarian
Trust.
Sec. 3203. Promotion of agricultural exports to
emerging markets.
Sec. 3204. McGovern-Dole International Food for
Education and Child Nutrition Program.
Sec. 3205. Technical assistance for specialty
crops.
Sec. 3206. Global Crop Diversity
Trust.
Sec. 3207. Under Secretary of Agriculture for
Foreign Agricultural Services.
Title IV—Nutrition
Subtitle A—Supplemental nutrition assistance
program
Sec. 4001. Preventing payment of cash to
recipients of supplemental nutrition assistance benefits for the return of
empty bottles and cans used to contain food purchased with benefits provided
under the program.
Sec. 4002. Retailers.
Sec. 4003. Enhancing services to elderly and
disabled supplemental nutrition assistance program participants.
Sec. 4004. Food distribution program on Indian
reservations.
Sec. 4005. Updating program
eligibility.
Sec. 4006. Exclusion of medical marijuana from
excess medical expense deduction.
Sec. 4007. Standard utility allowances based on
the receipt of energy assistance payments.
Sec. 4008. Eligibility
disqualifications.
Sec. 4009. Ending supplemental nutrition
assistance program benefits for lottery or gambling winners.
Sec. 4010. Improving security of food
assistance.
Sec. 4011. Demonstration projects on acceptance
of benefits of mobile transactions.
Sec. 4012. Use of benefits for purchase of
community-supported agriculture share.
Sec. 4013. Restaurant meals
program.
Sec. 4014. Mandating State immigration
verification.
Sec. 4015. Data exchange standardization for
improved interoperability.
Sec. 4016. Pilot projects to improve
Federal-State cooperation in identifying and reducing fraud in the supplemental
nutrition assistance program.
Sec. 4017. Prohibiting government-sponsored
recruitment activities.
Sec. 4018. Repeal of bonus program.
Sec. 4019. Funding of employment and training
programs.
Sec. 4020. Monitoring employment and training
programs.
Sec. 4021. Cooperation with program research
and evaluation.
Sec. 4022. Pilot projects to reduce dependency
and increase work effort in the supplemental nutrition assistance
program.
Sec. 4023. Authorization of
appropriations.
Sec. 4024. Limitation on use of block grant to
Puerto Rico.
Sec. 4025. Assistance for community food
projects.
Sec. 4026. Emergency food
assistance.
Sec. 4027. Nutrition education.
Sec. 4028. Retailer trafficking.
Sec. 4029. Technical and conforming
amendments.
Sec. 4030. Tolerance level for excluding small
errors.
Sec. 4031. Commonwealth of the Northern Mariana
Islands pilot program.
Sec. 4032. Annual State report on verification
of SNAP participation.
Subtitle B—Commodity distribution
programs
Sec. 4101. Commodity distribution
program.
Sec. 4102. Commodity supplemental food
program.
Sec. 4103. Distribution of surplus commodities
to special nutrition projects.
Sec. 4104. Processing of
commodities.
Subtitle C—Miscellaneous
Sec. 4201. Farmers’ market nutrition
program.
Sec. 4202. Nutrition information and awareness
pilot program.
Sec. 4203. Fresh fruit and vegetable
program.
Sec. 4204. Additional authority for purchase of
fresh fruits, vegetables, and other specialty food crops.
Sec. 4205. Encouraging locally and regionally
grown and raised food.
Sec. 4206. Review of public health benefits of
white potatoes.
Sec. 4207. Healthy Food Financing
Initiative.
Title V—Credit
Subtitle A—Farm ownership loans
Sec. 5001. Eligibility for farm ownership
loans.
Sec. 5002. Conservation loan and loan guarantee
program.
Sec. 5003. Down payment loan
program.
Sec. 5004. Elimination of mineral rights
appraisal requirement.
Subtitle B—Operating loans
Sec. 5101. Eligibility for farm operating
loans.
Sec. 5102. Elimination of rural residency
requirement for operating loans to youth.
Sec. 5103. Authority to waive personal
liability for youth loans due to circumstances beyond borrower
control.
Sec. 5104. Microloans.
Subtitle C—Emergency loans
Sec. 5201. Eligibility for emergency
loans.
Subtitle D—Administrative
provisions
Sec. 5301. Beginning farmer and rancher
individual development accounts pilot program.
Sec. 5302. Eligible beginning farmers and
ranchers.
Sec. 5303. Loan authorization
levels.
Sec. 5304. Priority for participation
loans.
Sec. 5305. Loan fund set-asides.
Sec. 5306. Conforming amendment to borrower
training provision, relating to eligibility changes.
Subtitle E—State agricultural mediation
programs
Sec. 5401. State agricultural mediation
programs.
Subtitle F—Loans to purchasers of highly
fractionated land
Sec. 5501. Loans to purchasers of highly
fractionated land.
Title VI—Rural development
Subtitle A—Consolidated Farm and Rural
Development Act
Sec. 6001. Water, waste disposal, and
wastewater facility grants.
Sec. 6002. Rural business opportunity
grants.
Sec. 6003. Elimination of reservation of
community facilities grant program funds.
Sec. 6004. Utilization of loan guarantees for
community facilities.
Sec. 6005. Rural water and wastewater circuit
rider program.
Sec. 6006. Tribal college and university
essential community facilities.
Sec. 6007. Essential community facilities
technical assistance and training.
Sec. 6008. Emergency and imminent community
water assistance grant program.
Sec. 6009. Household water well
systems.
Sec. 6010. Rural business and industry loan
program.
Sec. 6011. Rural cooperative development
grants.
Sec. 6012. Locally or regionally produced
agricultural food products.
Sec. 6013. Intermediary relending
program.
Sec. 6014. Rural college coordinated
strategy.
Sec. 6015. Rural water and waste disposal
infrastructure.
Sec. 6016. Simplified applications.
Sec. 6017. Grants for NOAA weather radio
transmitters.
Sec. 6018. Rural microentrepreneur assistance
program.
Sec. 6019. Delta Regional
Authority.
Sec. 6020. Northern Great Plains Regional
Authority.
Sec. 6021. Rural business investment
program.
Subtitle B—Rural Electrification Act of
1936
Sec. 6101. Relending for certain
purposes.
Sec. 6102. Fees for certain loan
guarantees.
Sec. 6103. Guarantees for bonds and notes
issued for electrification or telephone purposes.
Sec. 6104. Expansion of 911 access.
Sec. 6105. Access to broadband
telecommunications services in rural areas.
Subtitle C—Miscellaneous
Sec. 6201. Distance learning and
telemedicine.
Sec. 6202. Value-added agricultural market
development program grants.
Sec. 6203. Agriculture innovation center
demonstration program.
Sec. 6204. Program metrics.
Sec. 6205. Study of rural transportation
issues.
Sec. 6206. Certain Federal actions not to be
considered major.
Title VII—Research, Extension, and Related
Matters
Subtitle A—National Agricultural Research,
Extension, and Teaching Policy Act of 1977
Sec. 7101. Option to be included as
non-land-grant college of agriculture.
Sec. 7102. National Agricultural Research,
Extension, Education, and Economics Advisory Board.
Sec. 7103. Specialty crop
committee.
Sec. 7104. Veterinary services grant
program.
Sec. 7105. Grants and fellowships for food and
agriculture sciences education.
Sec. 7106. Policy research centers.
Sec. 7107. Repeal of human nutrition
intervention and health promotion research program.
Sec. 7108. Repeal of pilot research program to
combine medical and agricultural research.
Sec. 7109. Nutrition education
program.
Sec. 7110. Continuing animal health and disease
research programs.
Sec. 7111. Repeal of appropriations for
research on national or regional problems.
Sec. 7112. Grants to upgrade agricultural and
food sciences facilities at 1890 land-grant colleges, including Tuskegee
University.
Sec. 7113. Grants to upgrade agriculture and
food science facilities and equipment at insular area land-grant
institutions.
Sec. 7114. Repeal of national research and
training virtual centers.
Sec. 7115. Hispanic-serving
institutions.
Sec. 7116. Competitive Grants Program for
Hispanic Agricultural Workers and Youth.
Sec. 7117. Competitive grants for international
agricultural science and education programs.
Sec. 7118. Repeal of research equipment
grants.
Sec. 7119. University research.
Sec. 7120. Extension service.
Sec. 7121. Auditing, reporting, bookkeeping,
and administrative requirements.
Sec. 7122. Supplemental and alternative
crops.
Sec. 7123. Capacity building grants for NLGCA
institutions.
Sec. 7124. Aquaculture assistance
programs.
Sec. 7125. Rangeland research
programs.
Sec. 7126. Special authorization for
biosecurity planning and response.
Sec. 7127. Distance education and resident
instruction grants program for insular area institutions of higher
education.
Sec. 7128. Matching funds
requirement.
Subtitle B—Food, Agriculture, Conservation, and
Trade Act of 1990
Sec. 7201. Best utilization of biological
applications.
Sec. 7202. Integrated management
systems.
Sec. 7203. Sustainable agriculture technology
development and transfer program.
Sec. 7204. National training
program.
Sec. 7205. National Genetics Resources
Program.
Sec. 7206. Repeal of National Agricultural
Weather Information System.
Sec. 7207. Repeal of rural electronic commerce
extension program.
Sec. 7208. Repeal of agricultural genome
initiative.
Sec. 7209. High-priority research and extension
initiatives.
Sec. 7210. Repeal of nutrient management
research and extension initiative.
Sec. 7211. Organic agriculture research and
extension initiative.
Sec. 7212. Repeal of agricultural bioenergy
feedstock and energy efficiency research and extension initiative.
Sec. 7213. Farm business
management.
Sec. 7214. Centers of excellence.
Sec. 7215. Repeal of red meat safety research
center.
Sec. 7216. Assistive technology program for
farmers with disabilities.
Sec. 7217. National rural information center
clearinghouse.
Subtitle C—Agricultural Research, Extension,
and Education Reform Act of 1998
Sec. 7301. Relevance and merit of agricultural
research, extension, and education funded by the Department.
Sec. 7302. Integrated research, education, and
extension competitive grants program.
Sec. 7303. Repeal of coordinated program of
research, extension, and education to improve viability of small and medium
size dairy, livestock, and poultry operations.
Sec. 7304. Fusarium Graminearum
grants.
Sec. 7305. Repeal of Bovine Johne's disease
control program.
Sec. 7306. Grants for youth
organizations.
Sec. 7307. Specialty crop research
initiative.
Sec. 7308. Food animal residue avoidance
database program.
Sec. 7309. Repeal of national swine research
center.
Sec. 7310. Office of pest management
policy.
Sec. 7311. Repeal of studies of agricultural
research, extension, and education.
Subtitle D—Other Laws
Sec. 7401. Critical Agricultural Materials
Act.
Sec. 7402. Equity in Educational Land-grant
Status Act of 1994.
Sec. 7403. Research Facilities Act.
Sec. 7404. Repeal of carbon cycle
research.
Sec. 7405. Competitive, Special, and Facilities
Research Grant Act.
Sec. 7406. Renewable Resources Extension Act of
1978.
Sec. 7407. National Aquaculture Act of
1980.
Sec. 7408. Repeal of use of remote sensing
data.
Sec. 7409. Repeal of reports under Farm
Security and Rural Investment Act of
2002.
Sec. 7410. Beginning farmer and rancher
development program.
Sec. 7411. Inclusion of Northern Mariana
Islands as a State under McIntire-Stennis Cooperative Forestry Act.
Subtitle E—Food, Conservation, and Energy Act
of 2008
Part 1—Agricultural Security
Sec. 7501. Agricultural biosecurity
communication center.
Sec. 7502. Assistance to build local capacity
in agricultural biosecurity planning, preparation, and response.
Sec. 7503. Research and development of
agricultural countermeasures.
Sec. 7504. Agricultural biosecurity grant
program.
Part 2—Miscellaneous
Sec. 7511. Enhanced use lease authority pilot
program.
Sec. 7512. Grazinglands research
laboratory.
Sec. 7513. Budget submission and
funding.
Sec. 7514. Repeal of research and education
grants for the study of antibiotic-resistant bacteria.
Sec. 7515. Repeal of farm and ranch stress
assistance network.
Sec. 7516. Repeal of seed
distribution.
Sec. 7517. Natural products research
program.
Sec. 7518. Sun grant program.
Sec. 7519. Repeal of study and report on food
deserts.
Sec. 7520. Repeal of agricultural and rural
transportation research and education.
Subtitle F—Miscellaneous provisions
Sec. 7601. Agreements with nonprofit
organizations for National Arboretum.
Sec. 7602. Cotton Disease Research
Report.
Sec. 7603. Acceptance of facility for
Agricultural Research Service.
Sec. 7604. Miscellaneous technical
corrections.
Title VIII—Forestry
Subtitle A—Repeal of Certain Forestry
Programs
Sec. 8001. Forest land enhancement
program.
Sec. 8002. Watershed forestry assistance
program.
Sec. 8003. Expired cooperative national forest
products marketing program.
Sec. 8004. Hispanic-serving institution
agricultural land national resources leadership program.
Sec. 8005. Tribal watershed forestry assistance
program.
Sec. 8006. Separate Forest Service
decisionmaking and appeals process.
Subtitle B—Reauthorization of Cooperative
Forestry Assistance Act of 1978 Programs
Sec. 8101. State-wide assessment and strategies
for forest resources.
Sec. 8102. Forest Legacy Program.
Sec. 8103. Community forest and open space
conservation program.
Subtitle C—Reauthorization of Other
Forestry-Related Laws
Sec. 8201. Rural revitalization
technologies.
Sec. 8202. Office of International
Forestry.
Sec. 8203. Change in funding source for healthy
forests reserve program.
Sec. 8204. Stewardship end result contracting
project authority.
Subtitle D—National Forest Critical Area
Response
Sec. 8301. Definitions.
Sec. 8302. Designation of critical
areas.
Sec. 8303. Application of expedited procedures
and activities of the Healthy Forests Restoration Act of 2003 to critical
areas.
Sec. 8304. Good neighbor authority.
Subtitle E—Miscellaneous Provisions
Sec. 8401. Revision of strategic plan for
forest inventory and analysis.
Sec. 8402. Forest Service participation in ACES
Program.
Sec. 8403. Green science and technology
transfer research under Forest and Rangeland Renewable Resources Research Act
of 1978.
Sec. 8404. Extension of stewardship contracts
authority regarding use of designation by prescription to all thinning sales
under National Forest Management Act of 1976.
Sec. 8405. Reimbursement of fire funds expended
by a State for management and suppression of certain wildfires.
Sec. 8406. Ability of National Forest System
lands to meet needs of local wood producing facilities for raw
materials.
Sec. 8407. Report on the National Forest System
roads.
Title IX—Energy
Sec. 9001. Definition of renewable energy
system.
Sec. 9002. Biobased markets
program.
Sec. 9003. Biorefinery Assistance.
Sec. 9004. Repowering assistance
program.
Sec. 9005. Bioenergy Program for Advanced
Biofuels.
Sec. 9006. Biodiesel Fuel Education
Program.
Sec. 9007. Rural Energy for America
Program.
Sec. 9008. Biomass Research and
Development.
Sec. 9009. Feedstock Flexibility Program for
Bioenergy Producers.
Sec. 9010. Biomass Crop Assistance
Program.
Sec. 9011. Community wood energy
program.
Sec. 9012. Repeal of biofuels infrastructure
study.
Sec. 9013. Repeal of renewable fertilizer
study.
Title X—Horticulture
Sec. 10001. Specialty crops market news
allocation.
Sec. 10002. Repeal of grant program to improve
movement of specialty crops.
Sec. 10003. Farmers market and local food
promotion program.
Sec. 10004. Organic agriculture.
Sec. 10005. Investigations and enforcement of
the Organic Foods Production Act of
1990.
Sec. 10006. Food safety education
initiatives.
Sec. 10007. Specialty crop block
grants.
Sec. 10008. Report on honey.
Sec. 10009. Bulk shipments of apples to
Canada.
Sec. 10010. Inclusion of olive oil in import
controls under the Agricultural Adjustment Act.
Sec. 10011. Consolidation of plant pest and
disease management and disaster prevention programs.
Sec. 10012. Modification, cancellation, or
suspension on basis of a biological opinion.
Sec. 10013. Use and discharges of authorized
pesticides.
Sec. 10014. Seed not pesticide or device for
purposes of importation.
Sec. 10015. Stay of regulations related to
Christmas Tree Promotion, Research, and Information Order.
Sec. 10016. Study on proposed order pertaining
to sulfuryl fluoride.
Sec. 10017. Study on local and regional food
production and program evaluation.
Title XI—Crop Insurance
Sec. 11001. Information sharing.
Sec. 11002. Publication of information on
violations of prohibition on premium adjustments.
Sec. 11003. Supplemental coverage
option.
Sec. 11004. Premium amounts for catastrophic
risk protection.
Sec. 11005. Repeal of performance-based
discount.
Sec. 11006. Permanent enterprise unit
subsidy.
Sec. 11007. Enterprise units for irrigated and
nonirrigated crops.
Sec. 11008. Data collection.
Sec. 11009. Adjustment in actual production
history to establish insurable yields.
Sec. 11010. Submission and review of
policies.
Sec. 11011. Equitable relief for specialty crop
policies.
Sec. 11012. Budget limitations on renegotiation
of the standard reinsurance agreement.
Sec. 11013. Crop production on native
sod.
Sec. 11014. Coverage levels by
practice.
Sec. 11015. Beginning farmer and rancher
provisions.
Sec. 11016. Stacked income protection plan for
producers of upland cotton.
Sec. 11017. Peanut revenue crop
insurance.
Sec. 11018. Authority to correct
errors.
Sec. 11019. Implementation.
Sec. 11020. Research and development
priorities.
Sec. 11021. Additional research and development
contracting requirements.
Sec. 11022. Program compliance
partnerships.
Sec. 11023. Pilot programs.
Sec. 11024. Technical amendments.
Title XII—Miscellaneous
Subtitle A—Livestock
Sec. 12101. National Sheep Industry Improvement
Center.
Sec. 12102. Repeal of certain regulations under
the Packers and Stockyards Act,
1921.
Sec. 12103. Trichinae certification
program.
Sec. 12104. National Aquatic Animal Health
Plan.
Sec. 12105. Country of origin
labeling.
Sec. 12106. National animal health laboratory
network.
Sec. 12107. Repeal of duplicative catfish
inspection program.
Sec. 12108. National Poultry Improvement
Program.
Sec. 12109. Report on bovine tuberculosis in
Texas.
Subtitle B—Socially disadvantaged producers and
limited resource producers
Sec. 12201. Outreach and assistance for
socially disadvantaged farmers and ranchers and veteran farmers and
ranchers.
Sec. 12202. Office of Advocacy and
Outreach.
Sec. 12203. Socially Disadvantaged Farmers and
Ranchers Policy Research Center.
Subtitle C—Other miscellaneous
provisions
Sec. 12302. Grants to improve supply,
stability, safety, and training of agricultural labor force.
Sec. 12303. Program benefit eligibility status
for participants in high plains water study.
Sec. 12304. Office of Tribal
Relations.
Sec. 12305. Military Veterans Agricultural
Liaison.
Sec. 12306. Prohibition on keeping GSA leased
cars overnight.
Sec. 12307. Noninsured crop assistance
program.
Sec. 12308. Ensuring high standards for agency
use of scientific information.
Sec. 12309. Evaluation required for purposes of
prohibition on closure or relocation of county offices for the Farm Service
Agency.
Sec. 12310. Acer access and development
program.
Sec. 12311. Regulatory review by the Secretary
of Agriculture.
Sec. 12312. Agricultural commodity
definition.
Sec. 12313. Prohibition on attending an animal
fighting venture or causing a minor to attend an animal fighting
venture.
Sec. 12314. Prohibition against interference by
State and local governments with production or manufacture of items in other
States.
Sec. 12315. Increased protection for
agricultural interests in the Missouri River Basin.
Sec. 12316. Increased protection for
agricultural interests in the Black Dirt region.
2.
Definition of Secretary
of Agriculture
In this Act,
the term Secretary means the Secretary of Agriculture.
I
Commodities
A
Repeals and
reforms
1101.
Repeal of direct
payments
(a)
Repeal
Sections 1103 and 1303 of the Food,
Conservation, and Energy Act of 2008 (7 U.S.C. 8713, 8753) are repealed.
(b)
Continued application
for 2013 crop year
Sections 1103 and 1303 of the Food,
Conservation, and Energy Act of 2008 (7 U.S.C. 8713, 8753), as in effect on the
day before the date of enactment of this Act, shall continue to apply through
the 2013 crop year with respect to all covered commodities (as defined in
section 1001 of that Act (7 U.S.C. 8702)) and peanuts on a farm.
(c)
Continued application
for 2014 and 2015 crop years
Subject to this subtitle, the amendments
made by sections 1603 and 1604 of this Act, and sections 1607 and 1611 of this
Act, section 1103 of the Food, Conservation and Energy Act of 2008 (7 U.S.C.
8713), as in effect on the day before the date of enactment of this Act, shall
continue to apply through the 2014 and 2015 crop years with respect to upland
cotton only (as defined in section 1001 of that Act (7 U.S.C. 8702)), except
that, in applying such section 1103, the term payment acres
means the following:
(1) For crop year 2014, 70
percent of the base acres of upland cotton on a farm on which direct payments
are made.
(2) For crop year 2015, 60
percent of the base acres of upland cotton on a farm on which direct payments
are made.
1102.
Repeal of
counter-cyclical payments
(a)
Repeal
Sections 1104 and 1304 of the Food,
Conservation, and Energy Act of 2008 (7 U.S.C. 8714, 8754) are repealed.
(b)
Continued application
for 2013 crop year
Sections 1104 and 1304 of the Food,
Conservation, and Energy Act of 2008 (7 U.S.C. 8714, 8754), as in effect on the
day before the date of enactment of this Act, shall continue to apply through
the 2013 crop year with respect to all covered commodities (as defined in
section 1001 of that Act (7 U.S.C. 8702)) and peanuts on a farm.
1103.
Repeal of average
crop revenue election program
(a)
Repeal
Section
1105 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8715) is
repealed.
(b)
Continued application
for 2013 crop year
Section 1105 of the Food, Conservation, and
Energy Act of 2008 (7 U.S.C. 8715), as in effect on the day before the date of
enactment of this Act, shall continue to apply through the 2013 crop year with
respect to all covered commodities (as defined in section 1001 of that Act (7
U.S.C. 8702)) and peanuts on a farm for which the irrevocable election under
section 1105 of that Act was made before the date of enactment of this
Act.
1104.
Definitions
In this subtitle and subtitle B:
(1)
Actual county
revenue
The term actual county revenue, with respect
to a covered commodity for a crop year, means the amount determined by the
Secretary under section 1107(c)(4) to determine whether revenue loss coverage
payments are required to be provided for that crop year.
(2)
Base
acres
The term base
acres, with respect to a covered commodity and cotton on a farm, means
the number of acres established under section 1101 and 1302 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 7911, 7952) or section 1101
and 1302 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8711,
8752), as in effect on September 30, 2013, subject to any adjustment under
section 1105 of this Act. For purposes of making payments under subsections (b)
and (c) of section 1107, base acres are reduced by the payment acres calculated
in 1101(c).
(3)
County revenue loss
coverage trigger
The term county revenue loss coverage
trigger, with respect to a covered commodity for a crop year, means the
amount determined by the Secretary under section 1107(c)(5) to determine
whether revenue loss coverage payments are required to be provided for that
crop year.
(4)
Covered
commodity
The term
covered commodity means wheat, oats, and barley (including wheat,
oats, and barley used for haying and grazing), corn, grain sorghum, long grain
rice, medium grain rice, pulse crops, soybeans, other oilseeds, and
peanuts.
(5)
Effective
price
The term
effective price, with respect to a covered commodity for a crop
year, means the price calculated by the Secretary under section 1107(b)(2) to
determine whether price loss coverage payments are required to be provided for
that crop year.
(6)
Extra long staple
cotton
The term extra long staple cotton means
cotton that—
(A) is produced from pure
strain varieties of the Barbadense species or any hybrid of the species, or
other similar types of extra long staple cotton, designated by the Secretary,
having characteristics needed for various end uses for which United States
upland cotton is not suitable and grown in irrigated cotton-growing regions of
the United States designated by the Secretary or other areas designated by the
Secretary as suitable for the production of the varieties or types; and
(B) is ginned on a
roller-type gin or, if authorized by the Secretary, ginned on another type gin
for experimental purposes.
(7)
Farm base
acres
The term farm base acres means the sum of the
base acreage for all covered commodities and cotton on a farm in effect as of
September 30, 2013, and subject to any adjustment under section 1105.
(8)
Medium grain
rice
The term medium grain rice includes short grain
rice.
(9)
Midseason
price
The term midseason price means the applicable
national average market price received by producers for the first 5 months of
the applicable marketing year, as determined by the Secretary.
(10)
Other
oilseed
The term other oilseed means a crop of
sunflower seed, rapeseed, canola, safflower, flaxseed, mustard seed, crambe,
sesame seed, or any oilseed designated by the Secretary.
(11)
Payment acres
(A)
In
general
Except as provided in
subparagraphs (B) through (D), the term payment acres, with
respect to the provision of price loss coverage payments and revenue loss
coverage payments, means—
(i) 85 percent of total acres
planted for the year to each covered commodity on a farm; and
(ii) 30 percent of total
acres approved as prevented from being planted for the year to each covered
commodity on a farm.
(B)
Maximum
The
total quantity of payment acres determined under subparagraph (A) shall not
exceed the farm base acres.
(C)
Reduction
If the sum of all payment acres for a farm
exceeds the limits established under subparagraph (B), the Secretary shall
reduce the payment acres applicable to each crop proportionately.
(D)
Exclusion
The term payment acres does
not include any crop subsequently planted during the same crop year on the same
land for which the first crop is eligible for payments under this subtitle,
unless the crop was approved for double cropping in the county, as determined
by the Secretary.
(12)
Payment
yield
The term payment yield means the yield
established for counter-cyclical payments under section 1102 or 1302 of the
Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7912, 7952), section
1102 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8712), as in
effect on September 30, 2013, or under section 1106 of this Act, for a farm for
a covered commodity.
(13)
Price loss
coverage
The term price loss coverage means coverage
provided under section 1107(b).
(14)
Producer
(A)
In
general
The term producer means an owner, operator,
landlord, tenant, or sharecropper that shares in the risk of producing a crop
and is entitled to share in the crop available for marketing from the farm, or
would have shared had the crop been produced.
(B)
Hybrid
seed
In determining whether a grower of hybrid seed is a
producer, the Secretary shall—
(i) not take into
consideration the existence of a hybrid seed contract; and
(ii) ensure that program
requirements do not adversely affect the ability of the grower to receive a
payment under this title.
(15)
Pulse
crop
The term pulse crop means dry peas, lentils,
small chickpeas, and large chickpeas.
(16)
Reference
price
The term reference price, with respect to a
covered commodity for a crop year, means the following:
(A) Wheat, $5.50 per
bushel.
(B) Corn, $3.70 per
bushel.
(C) Grain sorghum, $3.95 per
bushel.
(D) Barley, $4.95 per
bushel.
(E) Oats, $2.40 per
bushel.
(F) Long grain rice, $14.00
per hundredweight.
(G) Medium grain rice, $14.00
per hundredweight.
(H) Soybeans, $8.40 per
bushel.
(I) Other oilseeds, $20.15
per hundredweight.
(J) Peanuts $535.00 per
ton.
(K) Dry peas, $11.00 per
hundredweight.
(L) Lentils, $19.97 per
hundredweight.
(M) Small chickpeas, $19.04
per hundredweight.
(N) Large chickpeas, $21.54
per hundredweight.
(17)
Revenue loss
coverage
The term revenue loss coverage means
coverage provided under section 1107(c).
(18)
Secretary
The
term Secretary means the Secretary of Agriculture.
(19)
State
The
term State means—
(A) a State;
(B) the District of
Columbia;
(C) the Commonwealth of
Puerto Rico; and
(D) any other territory or
possession of the United States.
(20)
Temperate japonica
rice
The term
temperate japonica rice means rice that is grown in high
altitudes or temperate regions of high latitudes with cooler climate
conditions, in the Western United States, as determined by the
Secretary.
(21)
Transitional
yield
The term
transitional yield has the meaning given the term in section
502(b) of the Federal Crop Insurance Act (7 U.S.C. 1502(b)).
(22)
United
States
The term United States, when used in a
geographical sense, means all of the States.
(23)
United States premium
factor
The term United States Premium Factor means
the percentage by which the difference in the United States loan schedule
premiums for Strict Middling (SM) 11/8-inch upland cotton
and for Middling (M) 13/32-inch upland cotton exceeds the
difference in the applicable premiums for comparable international
qualities.
1105.
Base acres
(a)
Adjustment of base
acres
(1)
In
general
The Secretary shall provide for an adjustment, as
appropriate, in the base acres for covered commodities and cotton for a farm
whenever any of the following circumstances occurs:
(A) A conservation reserve
contract entered into under section 1231 of the Food Security Act of 1985 (16
U.S.C. 3831) with respect to the farm expires or is voluntarily
terminated.
(B) Cropland is released from
coverage under a conservation reserve contract by the Secretary.
(C) The producer has eligible
oilseed acreage as the result of the Secretary designating additional oilseeds,
which shall be determined in the same manner as eligible oilseed acreage under
section 1101(a)(1)(D) of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 8711(a)(1)(D)).
(2)
Special conservation
reserve acreage payment rules
For the crop year in which a base acres
adjustment under subparagraph (A) or (B) of paragraph (1) is first made, the
owner of the farm shall elect to receive price loss coverage or revenue loss
coverage with respect to the acreage added to the farm under this subsection or
a prorated payment under the conservation reserve contract, but not
both.
(b)
Prevention of excess
base acres
(1)
Required
reduction
If the sum of the base acres for a farm, together with
the acreage described in paragraph (2) exceeds the actual cropland acreage of
the farm, the Secretary shall reduce the base acres for 1 or more covered
commodities or cotton for the farm so that the sum of the base acres and
acreage described in paragraph (2) does not exceed the actual cropland acreage
of the farm.
(2)
Other
acreage
For purposes of paragraph (1), the Secretary shall
include the following:
(A) Any acreage on the farm
enrolled in the conservation reserve program or wetlands reserve program (or
successor programs) under chapter 1 of subtitle D of title XII of the Food
Security Act of 1985 (16 U.S.C. 3830 et seq.).
(B) Any other acreage on the
farm enrolled in a Federal conservation program for which payments are made in
exchange for not producing an agricultural commodity on the acreage.
(C) If the Secretary
designates additional oilseeds, any eligible oilseed acreage, which shall be
determined in the same manner as eligible oilseed acreage under subsection
(a)(1)(C).
(3)
Selection of
acres
The Secretary shall give the owner of the farm the
opportunity to select the base acres for a covered commodity or cotton for the
farm against which the reduction required by paragraph (1) will be made.
(4)
Exception for
double-cropped acreage
In applying paragraph (1), the Secretary
shall make an exception in the case of double cropping, as determined by the
Secretary.
(c)
Reduction in base
acres
(1)
Reduction at option of
owner
(A)
In
general
The owner of a farm may reduce, at any time, the base
acres for any covered commodity or cotton for the farm.
(B)
Effect of
reduction
A reduction under subparagraph (A) shall be permanent
and made in a manner prescribed by the Secretary.
(2)
Required action by
Secretary
(A)
In
general
The Secretary shall proportionately reduce base acres on
a farm for covered commodities and cotton for land that has been subdivided and
developed for multiple residential units or other nonfarming uses if the size
of the tracts and the density of the subdivision is such that the land is
unlikely to return to the previous agricultural use, unless the producers on
the farm demonstrate that the land—
(i) remains devoted to
commercial agricultural production; or
(ii) is likely to be returned
to the previous agricultural use.
(B)
Requirement
The
Secretary shall establish procedures to identify land described in subparagraph
(A).
1106.
Payment
yields
(a)
Establishment and
purpose
For the purpose of making payments under this subtitle,
the Secretary shall provide for the establishment of a yield for each farm for
any designated oilseed for which a payment yield was not established under
section 1102 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8712)
in accordance with this section.
(b)
Payment yields for
designated oilseeds
(1)
Determination of
average yield
In the case of designated oilseeds, the Secretary
shall determine the average yield per planted acre for the designated oilseed
on a farm for the 1998 through 2001 crop years, excluding any crop year in
which the acreage planted to the designated oilseed was zero.
(2)
Adjustment for payment
yield
(A)
In
general
The payment yield for a farm for a designated oilseed
shall be equal to the product of the following:
(i) The average yield for the
designated oilseed determined under paragraph (1).
(ii) The ratio resulting from
dividing the national average yield for the designated oilseed for the 1981
through 1985 crops by the national average yield for the designated oilseed for
the 1998 through 2001 crops.
(B)
No national average
yield information available
To the extent that national average
yield information for a designated oilseed is not available, the Secretary
shall use such information as the Secretary determines to be fair and equitable
to establish a national average yield under this section.
(3)
Use of county average
yield
If the yield per planted acre for a crop of a designated
oilseed for a farm for any of the 1998 through 2001 crop years was less than 75
percent of the county yield for that designated oilseed, the Secretary shall
assign a yield for that crop year equal to 75 percent of the county yield for
the purpose of determining the average under paragraph (1).
(4)
No historic yield data
available
In the case of establishing yields for designated
oilseeds, if historic yield data is not available, the Secretary shall use the
ratio for dry peas calculated under paragraph (2)(A)(ii) in determining the
yields for designated oilseeds, as determined to be fair and equitable by the
Secretary.
(c)
Effect of lack of
payment yield
(1)
Establishment by
secretary
If no payment yield
is otherwise established for a farm for which a covered commodity is planted
and eligible to receive price loss coverage payments, the Secretary shall
establish an appropriate payment yield for the covered commodity on the farm
under paragraph (2).
(2)
Use of similarly
situated farms
To establish
an appropriate payment yield for a covered commodity on a farm as required by
paragraph (1), the Secretary shall take into consideration the farm program
payment yields applicable to that covered commodity for similarly situated
farms. The use of such data in an appeal, by the Secretary or by the producer,
shall not be subject to any other provision of law.
(d)
Single opportunity to
update yields used to determine price loss coverage payments
(1)
Election to
update
At the sole discretion
of the owner of a farm, the owner of a farm shall have a 1-time opportunity to
update the payment yields on a covered commodity-by-covered commodity basis
that would otherwise be used in calculating any price loss coverage payment for
covered commodities on the farm.
(2)
Time for
election
The election under paragraph (1) shall be made at a time
and manner to be in effect for the 2014 crop year as determined by the
Secretary.
(3)
Method of updating
yields
If the owner of a farm
elects to update yields under this subsection, the payment yield for a covered
commodity on the farm, for the purpose of calculating price loss coverage
payments only, shall be equal to 90 percent of the average of the yield per
planted acre for the crop of the covered commodity on the farm for the 2008
through 2012 crop years, as determined by the Secretary, excluding any crop
year in which the acreage planted to the crop of the covered commodity was
zero.
(4)
Use of county average
yield
If the yield per
planted acre for a crop of the covered commodity for a farm for any of the 2008
through 2012 crop years was less than 75 percent of the average of the 2008
through 2012 county yield for that commodity, the Secretary shall assign a
yield for that crop year equal to 75 percent of the average of the 2008 through
2012 county yield for the purposes of determining the average yield under
paragraph (3).
(5)
Effect of lack of
payment yield
(A)
Establishment by
secretary
For purposes of
this subsection, if no payment yield is otherwise established for a covered
commodity on a farm, the Secretary shall establish an appropriate updated
payment yield for the covered commodity on the farm under subparagraph
(B).
(B)
Use of similarly
situated farms
To establish
an appropriate payment yield for a covered commodity on a farm as required by
subparagraph (A), the Secretary shall take into consideration the farm program
payment yields applicable to that covered commodity for similarly situated
farms. The use of such data in an appeal, by the Secretary or by the producer,
shall not be subject to any other provision of law.
1107.
Farm risk management
election
(a)
In general
(1)
Payments
required
Except as provided
in paragraph (2), if the Secretary determines that payments are required under
subsection (b)(1) or (c)(2) for a covered commodity, the Secretary shall make
payments for that covered commodity available under such subsection to
producers on a farm pursuant to the terms and conditions of this
section.
(2)
Prohibition on
payments; exceptions
Notwithstanding any other provision of this
title, a producer on a farm may not receive price loss coverage payments or
revenue loss coverage payments if the sum of the planted acres of covered
commodities on the farm is 10 acres or less, as determined by the Secretary,
unless the producer is—
(A) a socially disadvantaged farmer or rancher
(as defined in section 355(e) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 2003(e))); or
(B) a limited resource farmer
or rancher, as defined by the Secretary.
(b)
Price loss
coverage
(1)
Payments
For each of the 2014 through 2018 crop
years, the Secretary shall make price loss coverage payments to producers on a
farm for a covered commodity if the Secretary determines that—
(A) the effective price for the covered
commodity for the crop year; is less than
(B) the reference price for
the covered commodity for the crop year.
(2)
Effective
price
The effective price for a covered commodity for a crop year
shall be the higher of—
(A) the midseason price;
or
(B) the national average loan rate for a
marketing assistance loan for the covered commodity in effect for crop years
2014 through 2018 under subtitle B.
(3)
Payment
rate
The payment rate shall be equal to the difference
between—
(A) the reference price for
the covered commodity; and
(B) the effective price
determined under paragraph (2) for the covered commodity.
(4)
Payment
amount
If price loss coverage
payments are required to be provided under this subsection for any of the 2014
through 2018 crop years for a covered commodity, the amount of the price loss
coverage payment to be paid to the producers on a farm for the crop year shall
be equal to the product obtained by multiplying—
(A) the payment rate for the
covered commodity under paragraph (3);
(B) the payment yield for the
covered commodity; and
(C) the payment acres for the
covered commodity.
(5)
Time for
payments
If the Secretary
determines under this subsection that price loss coverage payments are required
to be provided for the covered commodity, the payments shall be made beginning
October 1, or as soon as practicable thereafter, after the end of the
applicable marketing year for the covered commodity.
(6)
Special rule for
barley
In determining the
effective price for barley in paragraph (2), the Secretary shall use the
all-barley price.
(7)
Special rule for
temperate japonica rice
The
Secretary shall provide a reference price with respect to temperate japonica
rice in an amount equal to 115 percent of the amount established in
subparagraphs (F) and (G) of section 1104(16) in order to reflect price
premiums.
(c)
Revenue loss
coverage
(1)
Available as an
alternative
As an alternative
to receiving price loss coverage payments under subsection (b) for a covered
commodity, all of the owners of the farm may make a one-time, irrevocable
election on a covered commodity-by-covered commodity basis to receive revenue
loss coverage payments for each covered commodity in accordance with this
subsection. If any of the owners of the farm make different elections on the
same covered commodity on the farm, all of the owners of the farm shall be
deemed to have not made the election available under this paragraph.
(2)
Payments
In the case of owners of a farm that make
the election described in paragraph (1) for a covered commodity, the Secretary
shall make revenue loss coverage payments available under this subsection for
each of the 2014 through 2018 crop years if the Secretary determines
that—
(A) the actual county revenue
for the crop year for the covered commodity; is less than
(B) the county revenue loss coverage trigger
for the crop year for the covered commodity.
(3)
Time for
payments
If the Secretary
determines under this subsection that revenue loss coverage payments are
required to be provided for the covered commodity, payments shall be made
beginning October 1, or as soon as practicable thereafter, after the end of the
applicable marketing year for the covered commodity.
(4)
Actual county
revenue
The amount of the actual county revenue for a crop year
of a covered commodity shall be equal to the product obtained by
multiplying—
(A) the actual county yield,
as determined by the Secretary, for each planted acre for the crop year for the
covered commodity; and
(B) the higher of—
(i) the midseason price;
or
(ii) the national average loan rate for a
marketing assistance loan for the covered commodity in effect for crop years
2014 through 2018 under subtitle B.
(5)
County revenue loss
coverage trigger
(A)
In
general
The county revenue
loss coverage trigger for a crop year for a covered commodity on a farm shall
equal 85 percent of the benchmark county revenue.
(B)
Benchmark county
revenue
(i)
In
general
The benchmark county
revenue shall be the product obtained by multiplying—
(I) subject to clause (ii),
the average historical county yield as determined by the Secretary for the most
recent 5 crop years, excluding each of the crop years with the highest and
lowest yields; and
(II) subject to clause (iii),
the average national marketing year average price for the most recent 5 crop
years, excluding each of the crop years with the highest and lowest
prices.
(ii)
Yield
conditions
If the historical
county yield in clause (i)(I) for any of the 5 most recent crop years, as
determined by the Secretary, is less than 70 percent of the transitional yield,
as determined by the Secretary, the amounts used for any of those years in
clause (i)(I) shall be 70 percent of the transitional yield.
(iii)
Reference
price
If the national
marketing year average price in clause (i)(II) for any of the 5 most recent
crop years is lower than the reference price for the covered commodity, the
Secretary shall use the reference price for any of those years for the amounts
in clause (i)(II).
(6)
Payment
rate
The payment rate shall be equal to the lesser of—
(A) the difference
between—
(i) the county revenue loss coverage trigger
for the covered commodity; and
(ii) the actual county
revenue for the crop year for the covered commodity; or
(B) 10 percent of the
benchmark county revenue for the crop year for the covered commodity.
(7)
Payment
amount
If revenue loss
coverage payments under this subsection are required to be provided for any of
the 2014 through 2018 crop years of a covered commodity, the amount of the
revenue loss coverage payment to be provided to the producers on a farm for the
crop year shall be equal to the product obtained by multiplying—
(A) the payment rate under
paragraph (6); and
(B) the payment acres of the
covered commodity on the farm.
(8)
Duties of the
secretary
In providing
revenue loss coverage payments under this subsection, the Secretary—
(A) shall ensure that
producers on a farm do not reconstitute the farm of the producers to void or
change the election made under paragraph (1);
(B) to the maximum extent practicable, shall
use all available information and analysis, including data mining, to check for
anomalies in the provision of revenue loss coverage payments;
(C) to the maximum extent practicable, shall
calculate a separate county revenue loss coverage trigger for irrigated and
nonirrigated covered commodities and a separate actual county revenue for
irrigated and nonirrigated covered commodities;
(D) shall assign a benchmark
county yield for each planted acre for the crop year for the covered commodity
on the basis of the yield history of representative farms in the State, region,
or crop reporting district, as determined by the Secretary, if—
(i) the Secretary cannot
establish the benchmark county yield for each planted acre for a crop year for
a covered commodity in the county in accordance with paragraph (5); or
(ii) the yield determined
under paragraph (5) is an unrepresentative average yield for the county (as
determined by the Secretary); and
(E) to the maximum extent practicable, shall
ensure that in order to be eligible for a payment under this subsection, the
producers on the farm suffered an actual loss on the covered commodity for the
crop year for which payment is sought.
(d)
Annual
report
The Secretary shall
submit to the Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate a report
annually containing an evaluation of the impact of price loss coverage and
revenue loss coverage—
(1) on the planting,
production, price, and export of covered commodities; and
(2) on the cost of each
commodity program.
1108.
Producer
agreements
(a)
Compliance with certain
requirements
(1)
Requirements
Before the producers on a farm may receive
payments under this subtitle with respect to the farm, the producers shall
agree, during the crop year for which the payments are made and in exchange for
the payments—
(A) to comply with applicable
conservation requirements under subtitle B of title XII of the Food Security
Act of 1985 (16 U.S.C. 3811 et seq.);
(B) to comply with applicable
wetland protection requirements under subtitle C of title XII of that Act (16
U.S.C. 3821 et seq.); and
(C) to effectively control
noxious weeds and otherwise maintain the land in accordance with sound
agricultural practices, as determined by the Secretary.
(2)
Compliance
The
Secretary may issue such rules as the Secretary considers necessary to ensure
producer compliance with the requirements of paragraph (1).
(3)
Modification
At
the request of the transferee or owner, the Secretary may modify the
requirements of this subsection if the modifications are consistent with the
objectives of this subsection, as determined by the Secretary.
(b)
Transfer or change of
interest in farm
(1)
Termination
(A)
In
general
Except as provided in
paragraph (2), a transfer of (or change in) the interest of the producers on a
farm for which payments under this subtitle are provided shall result in the
termination of the payments, unless the transferee or owner of the acreage
agrees to assume all obligations under subsection (a).
(B)
Effective
date
The termination shall take effect on the date determined by
the Secretary.
(2)
Exception
If a producer entitled to a payment under
this subtitle dies, becomes incompetent, or is otherwise unable to receive the
payment, the Secretary shall make the payment in accordance with rules issued
by the Secretary.
(c)
Acreage
reports
As a condition on the receipt of any benefits under this
subtitle or subtitle B, the Secretary shall require producers on a farm to
submit to the Secretary annual acreage reports with respect to all cropland on
the farm.
(d)
Tenants and
sharecroppers
In carrying out this subtitle, the Secretary shall
provide adequate safeguards to protect the interests of tenants and
sharecroppers.
(e)
Sharing of
payments
The Secretary shall
provide for the sharing of payments made under this subtitle among the
producers on a farm on a fair and equitable basis.
1109.
Period of
effectiveness
This subtitle
shall be effective beginning with the 2014 crop year of each covered commodity
through the 2018 crop year.
B
Marketing loans
1201.
Availability of
nonrecourse marketing assistance loans for loan commodities
(a)
Definition of loan
commodity
In this subtitle, the term loan commodity
means wheat, corn, grain sorghum, barley, oats, upland cotton, extra long
staple cotton, long grain rice, medium grain rice, peanuts, soybeans, other
oilseeds, graded wool, nongraded wool, mohair, honey, dry peas, lentils, small
chickpeas, and large chickpeas.
(b)
Nonrecourse loans
available
(1)
In
general
For each of the 2014
through 2018 crops of each loan commodity, the Secretary shall make available
to producers on a farm nonrecourse marketing assistance loans for loan
commodities produced on the farm.
(2)
Terms and
conditions
The marketing assistance loans shall be made under
terms and conditions that are prescribed by the Secretary and at the loan rate
established under section 1202 for the loan commodity.
(c)
Eligible
production
The producers on a farm shall be eligible for a
marketing assistance loan under subsection (b) for any quantity of a loan
commodity produced on the farm.
(d)
Compliance with
conservation and wetlands requirements
As a condition of the
receipt of a marketing assistance loan under subsection (b), the producer shall
comply with applicable conservation requirements under subtitle B of title XII
of the Food Security Act of 1985 (16 U.S.C. 3811 et seq.) and applicable
wetland protection requirements under subtitle C of title XII of that Act (16
U.S.C. 3821 et seq.) during the term of the loan.
(e)
Special rules for
peanuts
(1)
In
general
This subsection shall apply only to producers of
peanuts.
(2)
Options for obtaining
loan
A marketing assistance loan under this section, and loan
deficiency payments under section 1205, may be obtained at the option of the
producers on a farm through—
(A) a designated marketing
association or marketing cooperative of producers that is approved by the
Secretary; or
(B) the Farm Service
Agency.
(3)
Storage of loan
peanuts
As a condition on the approval by the Secretary of an
individual or entity to provide storage for peanuts for which a marketing
assistance loan is made under this section, the individual or entity shall
agree—
(A) to provide the storage on
a nondiscriminatory basis; and
(B) to comply with such
additional requirements as the Secretary considers appropriate to accomplish
the purposes of this section and promote fairness in the administration of the
benefits of this section.
(4)
Storage, handling, and
associated costs
(A)
In
general
To ensure proper storage of peanuts for which a loan is
made under this section, the Secretary shall pay handling and other associated
costs (other than storage costs) incurred at the time at which the peanuts are
placed under loan, as determined by the Secretary.
(B)
Redemption and
forfeiture
The Secretary shall—
(i) require the repayment of
handling and other associated costs paid under subparagraph (A) for all peanuts
pledged as collateral for a loan that is redeemed under this section;
and
(ii) pay storage, handling,
and other associated costs for all peanuts pledged as collateral that are
forfeited under this section.
(5)
Marketing
A
marketing association or cooperative may market peanuts for which a loan is
made under this section in any manner that conforms to consumer needs,
including the separation of peanuts by type and quality.
(6)
Reimbursable agreements
and payment of administrative expenses
The Secretary may
implement any reimbursable agreements or provide for the payment of
administrative expenses under this subsection only in a manner that is
consistent with those activities in regard to other loan commodities.
1202.
Loan rates for
nonrecourse marketing assistance loans
(a)
In
general
For purposes of each
of the 2014 through 2018 crop years, the loan rate for a marketing assistance
loan under section 1201 for a loan commodity shall be equal to the
following:
(1) In the case of wheat,
$2.94 per bushel.
(2) In the case of corn,
$1.95 per bushel.
(3) In the case of grain
sorghum, $1.95 per bushel.
(4) In the case of barley,
$1.95 per bushel.
(5) In the case of oats,
$1.39 per bushel.
(6) In the case of base
quality of upland cotton, for the 2014 and each subsequent crop year, the
simple average of the adjusted prevailing world price for the 2 immediately
preceding marketing years, as determined by the Secretary and announced October
1 preceding the next domestic plantings, but in no case less than $0.47 per
pound or more than $0.52 per pound.
(7) In the case of extra long
staple cotton, $0.7977 per pound.
(8) In the case of long grain
rice, $6.50 per hundredweight.
(9) In the case of medium
grain rice, $6.50 per hundredweight.
(10) In the case of soybeans,
$5.00 per bushel.
(11) In the case of other
oilseeds, $10.09 per hundredweight for each of the following kinds of
oilseeds:
(A) Sunflower seed.
(B) Rapeseed.
(C) Canola.
(D) Safflower.
(E) Flaxseed.
(F) Mustard seed.
(G) Crambe.
(H) Sesame seed.
(I) Other oilseeds designated
by the Secretary.
(12) In the case of dry peas,
$5.40 per hundredweight.
(13) In the case of lentils,
$11.28 per hundredweight.
(14) In the case of small
chickpeas, $7.43 per hundredweight.
(15) In the case of large
chickpeas, $11.28 per hundredweight.
(16) In the case of graded
wool, $1.15 per pound.
(17) In the case of nongraded
wool, $0.40 per pound.
(18) In the case of mohair,
$4.20 per pound.
(19) In the case of honey,
$0.69 per pound.
(20) In the case of peanuts,
$355 per ton.
(b)
Single county loan rate
for other oilseeds
The Secretary shall establish a single loan
rate in each county for each kind of other oilseeds described in subsection
(a)(11).
1203.
Term of
loans
(a)
Term of
loan
In the case of each loan commodity, a marketing assistance
loan under section 1201 shall have a term of 9 months beginning on the first
day of the first month after the month in which the loan is made.
(b)
Extensions
prohibited
The Secretary may not extend the term of a marketing
assistance loan for any loan commodity.
1204.
Repayment of
loans
(a)
General
rule
The Secretary shall permit the producers on a farm to repay
a marketing assistance loan under section 1201 for a loan commodity (other than
upland cotton, long grain rice, medium grain rice, extra long staple cotton,
peanuts and confectionery and each other kind of sunflower seed (other than oil
sunflower seed)) at a rate that is the lesser of—
(1) the loan rate established
for the commodity under section 1202, plus interest (determined in accordance
with section 163 of the Federal Agriculture Improvement and Reform Act of 1996
(7 U.S.C. 7283));
(2) a rate (as determined by
the Secretary) that—
(A) is calculated based on
average market prices for the loan commodity during the preceding 30-day
period; and
(B) will minimize
discrepancies in marketing loan benefits across State boundaries and across
county boundaries; or
(3) a rate that the Secretary
may develop using alternative methods for calculating a repayment rate for a
loan commodity that the Secretary determines will—
(A) minimize potential loan
forfeitures;
(B) minimize the accumulation
of stocks of the commodity by the Federal Government;
(C) minimize the cost
incurred by the Federal Government in storing the commodity;
(D) allow the commodity
produced in the United States to be marketed freely and competitively, both
domestically and internationally; and
(E) minimize discrepancies in
marketing loan benefits across State boundaries and across county
boundaries.
(b)
Repayment rates for
upland cotton, long grain rice, and medium grain rice
The
Secretary shall permit producers to repay a marketing assistance loan under
section 1201 for upland cotton, long grain rice, and medium grain rice at a
rate that is the lesser of—
(1) the loan rate established
for the commodity under section 1202, plus interest (determined in accordance
with section 163 of the Federal Agriculture Improvement and Reform Act of 1996
(7 U.S.C. 7283)); or
(2) the prevailing world
market price for the commodity, as determined and adjusted by the Secretary in
accordance with this section.
(c)
Repayment rates for
extra long staple cotton
Repayment of a marketing assistance loan
for extra long staple cotton shall be at the loan rate established for the
commodity under section 1202, plus interest (determined in accordance with
section 163 of the Federal Agriculture Improvement and Reform Act of 1996 (7
U.S.C. 7283)).
(d)
Prevailing world market
price
For purposes of this section and section 1207, the
Secretary shall prescribe by regulation—
(1) a formula to determine
the prevailing world market price for each of upland cotton, long grain rice,
and medium grain rice; and
(2) a mechanism by which the
Secretary shall announce periodically those prevailing world market
prices.
(e)
Adjustment of
prevailing world market price for upland cotton, long grain rice, and medium
grain rice
(1)
Rice
The
prevailing world market price for long grain rice and medium grain rice
determined under subsection (d) shall be adjusted to United States quality and
location.
(2)
Cotton
The
prevailing world market price for upland cotton determined under subsection
(d)—
(A) shall be adjusted to
United States quality and location, with the adjustment to include—
(i) a reduction equal to any
United States Premium Factor for upland cotton of a quality higher than
Middling (M) 13/32-inch; and
(ii) the average costs to
market the commodity, including average transportation costs, as determined by
the Secretary; and
(B) may be further adjusted,
during the period beginning on the date of enactment of this Act and ending on
July 31, 2019, if the Secretary determines the adjustment is necessary—
(i) to minimize potential
loan forfeitures;
(ii) to minimize the
accumulation of stocks of upland cotton by the Federal Government;
(iii) to ensure that upland
cotton produced in the United States can be marketed freely and competitively,
both domestically and internationally; and
(iv) to ensure an appropriate
transition between current-crop and forward-crop price quotations, except that
the Secretary may use forward-crop price quotations prior to July 31 of a
marketing year only if—
(I) there are insufficient
current-crop price quotations; and
(II) the forward-crop price
quotation is the lowest such quotation available.
(3)
Guidelines for
additional adjustments
In making adjustments under this
subsection, the Secretary shall establish a mechanism for determining and
announcing the adjustments in order to avoid undue disruption in the United
States market.
(f)
Repayment rates for
confectionery and other kinds of sunflower seeds
The Secretary
shall permit the producers on a farm to repay a marketing assistance loan under
section 1201 for confectionery and each other kind of sunflower seed (other
than oil sunflower seed) at a rate that is the lesser of—
(1) the loan rate established
for the commodity under section 1202, plus interest (determined in accordance
with section 163 of the Federal Agriculture Improvement and Reform Act of 1996
(7 U.S.C. 7283)); or
(2) the repayment rate
established for oil sunflower seed.
(g)
Payment of cotton
storage costs
Effective for
each of the 2014 through 2018 crop years, the Secretary shall make cotton
storage payments available in the same manner, and at the same rates as the
Secretary provided storage payments for the 2006 crop of cotton, except that
the rates shall be reduced by 10 percent.
(h)
Repayment rate for
peanuts
The Secretary shall permit producers on a farm to repay a
marketing assistance loan for peanuts under section 1201 at a rate that is the
lesser of—
(1) the loan rate established
for peanuts under section 1202(a)(20), plus interest (determined in accordance
with section 163 of the Federal Agriculture Improvement and Reform Act of 1996
(7 U.S.C. 7283)); or
(2) a rate that the Secretary
determines will—
(A) minimize potential loan
forfeitures;
(B) minimize the accumulation
of stocks of peanuts by the Federal Government;
(C) minimize the cost
incurred by the Federal Government in storing peanuts; and
(D) allow peanuts produced in
the United States to be marketed freely and competitively, both domestically
and internationally.
(i)
Authority to
temporarily adjust repayment rates
(1)
Adjustment
authority
In the event of a severe disruption to marketing,
transportation, or related infrastructure, the Secretary may modify the
repayment rate otherwise applicable under this section for marketing assistance
loans under section 1201 for a loan commodity.
(2)
Duration
Any
adjustment made under paragraph (1) in the repayment rate for marketing
assistance loans for a loan commodity shall be in effect on a short-term and
temporary basis, as determined by the Secretary.
1205.
Loan deficiency
payments
(a)
Availability of loan
deficiency payments
(1)
In
general
Except as provided in subsection (d), the Secretary may
make loan deficiency payments available to producers on a farm that, although
eligible to obtain a marketing assistance loan under section 1201 with respect
to a loan commodity, agree to forgo obtaining the loan for the commodity in
return for loan deficiency payments under this section.
(2)
Unshorn pelts, hay, and
silage
(A)
Marketing assistance
loans
Subject to subparagraph (B), nongraded wool in the form of
unshorn pelts and hay and silage derived from a loan commodity are not eligible
for a marketing assistance loan under section 1201.
(B)
Loan deficiency
payment
Effective for the
2014 through 2018 crop years, the Secretary may make loan deficiency payments
available under this section to producers on a farm that produce unshorn pelts
or hay and silage derived from a loan commodity.
(b)
Computation
A
loan deficiency payment for a loan commodity or commodity referred to in
subsection (a)(2) shall be equal to the product obtained by multiplying—
(1) the payment rate
determined under subsection (c) for the commodity; by
(2) the quantity of the
commodity produced by the eligible producers, excluding any quantity for which
the producers obtain a marketing assistance loan under section 1201.
(c)
Payment rate
(1)
In
general
In the case of a loan commodity, the payment rate shall
be the amount by which—
(A) the loan rate established
under section 1202 for the loan commodity; exceeds
(B) the rate at which a
marketing assistance loan for the loan commodity may be repaid under section
1204.
(2)
Unshorn
pelts
In the case of unshorn pelts, the payment rate shall be the
amount by which—
(A) the loan rate established
under section 1202 for ungraded wool; exceeds
(B) the rate at which a
marketing assistance loan for ungraded wool may be repaid under section
1204.
(3)
Hay and
silage
In the case of hay or silage derived from a loan
commodity, the payment rate shall be the amount by which—
(A) the loan rate established
under section 1202 for the loan commodity from which the hay or silage is
derived; exceeds
(B) the rate at which a
marketing assistance loan for the loan commodity may be repaid under section
1204.
(d)
Exception for extra
long staple cotton
This section shall not apply with respect to
extra long staple cotton.
(e)
Effective date for
payment rate determination
The Secretary shall determine the
amount of the loan deficiency payment to be made under this section to the
producers on a farm with respect to a quantity of a loan commodity or commodity
referred to in subsection (a)(2) using the payment rate in effect under
subsection (c) as of the date the producers request the payment.
1206.
Payments in lieu of
loan deficiency payments for grazed acreage
(a)
Eligible
producers
(1)
In
general
Effective for the
2014 through 2018 crop years, in the case of a producer that would be eligible
for a loan deficiency payment under section 1205 for wheat, barley, or oats,
but that elects to use acreage planted to the wheat, barley, or oats for the
grazing of livestock, the Secretary shall make a payment to the producer under
this section if the producer enters into an agreement with the Secretary to
forgo any other harvesting of the wheat, barley, or oats on that
acreage.
(2)
Grazing of triticale
acreage
Effective for the
2014 through 2018 crop years, with respect to a producer on a farm that uses
acreage planted to triticale for the grazing of livestock, the Secretary shall
make a payment to the producer under this section if the producer enters into
an agreement with the Secretary to forgo any other harvesting of triticale on
that acreage.
(b)
Payment amount
(1)
In
general
The amount of a payment made under this section to a
producer on a farm described in subsection (a)(1) shall be equal to the amount
determined by multiplying—
(A) the loan deficiency
payment rate determined under section 1205(c) in effect, as of the date of the
agreement, for the county in which the farm is located; by
(B) the payment quantity
determined by multiplying—
(i) the quantity of the
grazed acreage on the farm with respect to which the producer elects to forgo
harvesting of wheat, barley, or oats; and
(ii)
(I) the payment yield in effect for the
calculation of price loss coverage under subtitle A with respect to that loan
commodity on the farm; or
(II) in the case of a farm
without a payment yield for that loan commodity, an appropriate yield
established by the Secretary in a manner consistent with section 1106(c) of
this Act.
(2)
Grazing of triticale
acreage
The amount of a payment made under this section to a
producer on a farm described in subsection (a)(2) shall be equal to the amount
determined by multiplying—
(A) the loan deficiency
payment rate determined under section 1205(c) in effect for wheat, as of the
date of the agreement, for the county in which the farm is located; by
(B) the payment quantity
determined by multiplying—
(i) the quantity of the
grazed acreage on the farm with respect to which the producer elects to forgo
harvesting of triticale; and
(ii)
(I) the payment yield in effect for the
calculation of price loss coverage under subtitle A with respect to wheat on
the farm; or
(II) in the case of a farm
without a payment yield for wheat, an appropriate yield established by the
Secretary in a manner consistent with section 1106(c) of this Act.
(c)
Time, manner, and
availability of payment
(1)
Time and
manner
A payment under this section shall be made at the same
time and in the same manner as loan deficiency payments are made under section
1205.
(2)
Availability
(A)
In
general
The Secretary shall establish an availability period for
the payments authorized by this section.
(B)
Certain
commodities
In the case of wheat, barley, and oats, the
availability period shall be consistent with the availability period for the
commodity established by the Secretary for marketing assistance loans
authorized by this subtitle.
(d)
Prohibition on crop
insurance indemnity or noninsured crop assistance
A 2014 through 2018 crop of wheat, barley,
oats, or triticale planted on acreage that a producer elects, in the agreement
required by subsection (a), to use for the grazing of livestock in lieu of any
other harvesting of the crop shall not be eligible for an indemnity under a
policy or plan of insurance authorized under the Federal Crop Insurance Act (7
U.S.C. 1501 et seq.) or noninsured crop assistance under section 196 of the
Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333).
1207.
Special marketing
loan provisions for upland cotton
(a)
Special import
quota
(1)
Definition of special
import quota
In this subsection, the term special import
quota means a quantity of imports that is not subject to the over-quota
tariff rate of a tariff-rate quota.
(2)
Establishment
(A)
In
general
The President shall carry out an import quota program
during the period beginning on August 1, 2014, and ending on July 31, 2019, as
provided in this subsection.
(B)
Program
requirements
Whenever the Secretary determines and announces that
for any consecutive 4-week period, the Friday through Thursday average price
quotation for the lowest-priced United States growth, as quoted for Middling
(M) 13/32-inch cotton, delivered to a definable and
significant international market, as determined by the Secretary, exceeds the
prevailing world market price, there shall immediately be in effect a special
import quota.
(3)
Quantity
The quota shall be equal to the consumption
during a 1-week period of cotton by domestic mills at the seasonally adjusted
average rate of the most recent 3 months for which official data of the
Department of Agriculture are available or, in the absence of sufficient data,
as estimated by the Secretary.
(4)
Application
The
quota shall apply to upland cotton purchased not later than 90 days after the
date of the Secretary’s announcement under paragraph (2) and entered into the
United States not later than 180 days after that date.
(5)
Overlap
A
special quota period may be established that overlaps any existing quota period
if required by paragraph (2), except that a special quota period may not be
established under this subsection if a quota period has been established under
subsection (b).
(6)
Preferential tariff
treatment
The quantity under a special import quota shall be
considered to be an in-quota quantity for purposes of—
(A) section 213(d) of the
Caribbean Basin Economic Recovery Act (19 U.S.C. 2703(d));
(B) section 204 of the Andean
Trade Preference Act (19 U.S.C. 3203);
(C) section 503(d) of the
Trade Act of 1974 (19 U.S.C. 2463(d)); and
(D) General Note 3(a)(iv) to
the Harmonized Tariff Schedule.
(7)
Limitation
The
quantity of cotton entered into the United States during any marketing year
under the special import quota established under this subsection may not exceed
the equivalent of 10 week’s consumption of upland cotton by domestic mills at
the seasonally adjusted average rate of the 3 months immediately preceding the
first special import quota established in any marketing year.
(b)
Limited global import
quota for upland cotton
(1)
Definitions
In
this subsection:
(A)
Demand
The
term demand means—
(i) the average seasonally adjusted annual rate
of domestic mill consumption of cotton during the most recent 3 months for
which official data of the Department of Agriculture are available or, in the
absence of sufficient data, as estimated by the Secretary; and
(ii) the larger of—
(I) average exports of upland
cotton during the preceding 6 marketing years; or
(II) cumulative exports of
upland cotton plus outstanding export sales for the marketing year in which the
quota is established.
(B)
Limited global import
quota
The term limited global import quota means a
quantity of imports that is not subject to the over-quota tariff rate of a
tariff-rate quota.
(C)
Supply
The
term supply means, using the latest official data of the
Department of Agriculture—
(i) the carry-over of upland
cotton at the beginning of the marketing year (adjusted to 480-pound bales) in
which the quota is established;
(ii) production of the
current crop; and
(iii) imports to the latest
date available during the marketing year.
(2)
Program
The
President shall carry out an import quota program that provides that whenever
the Secretary determines and announces that the average price of the base
quality of upland cotton, as determined by the Secretary, in the designated
spot markets for a month exceeded 130 percent of the average price of the
quality of cotton in the markets for the preceding 36 months, notwithstanding
any other provision of law, there shall immediately be in effect a limited
global import quota subject to the following conditions:
(A)
Quantity
The quantity of the quota shall be equal to
21 days of domestic mill consumption of upland cotton at the seasonally
adjusted average rate of the most recent 3 months for which official data of
the Department of Agriculture are available or, in the absence of sufficient
data, as estimated by the Secretary.
(B)
Quantity if prior
quota
If a quota has been established under this subsection
during the preceding 12 months, the quantity of the quota next established
under this subsection shall be the smaller of 21 days of domestic mill
consumption calculated under subparagraph (A) or the quantity required to
increase the supply to 130 percent of the demand.
(C)
Preferential tariff
treatment
The quantity under a limited global import quota shall
be considered to be an in-quota quantity for purposes of—
(i) section 213(d) of the
Caribbean Basin Economic Recovery Act (19 U.S.C. 2703(d));
(ii) section 204 of the
Andean Trade Preference Act (19 U.S.C. 3203);
(iii) section 503(d) of the
Trade Act of 1974 (19 U.S.C. 2463(d)); and
(iv) General Note 3(a)(iv) to
the Harmonized Tariff Schedule.
(D)
Quota entry
period
When a quota is established under this subsection, cotton
may be entered under the quota during the 90-day period beginning on the date
the quota is established by the Secretary.
(3)
No
overlap
Notwithstanding paragraph (2), a quota period may not be
established that overlaps an existing quota period or a special quota period
established under subsection (a).
(c)
Economic adjustment
assistance to users of upland cotton
(1)
In
general
Subject to paragraph (2), the Secretary shall, on a
monthly basis, make economic adjustment assistance available to domestic users
of upland cotton in the form of payments for all documented use of that upland
cotton during the previous monthly period regardless of the origin of the
upland cotton.
(2)
Value of
assistance
Effective beginning on August 1, 2013, the value of
the assistance provided under paragraph (1) shall be 3 cents per pound.
(3)
Allowable
purposes
Economic adjustment assistance under this subsection
shall be made available only to domestic users of upland cotton that certify
that the assistance shall be used only to acquire, construct, install,
modernize, develop, convert, or expand land, plant, buildings, equipment,
facilities, or machinery.
(4)
Review or
audit
The Secretary may conduct such review or audit of the
records of a domestic user under this subsection as the Secretary determines
necessary to carry out this subsection.
(5)
Improper use of
assistance
If the Secretary determines, after a review or audit
of the records of the domestic user, that economic adjustment assistance under
this subsection was not used for the purposes specified in paragraph (3), the
domestic user shall be—
(A) liable for the repayment
of the assistance to the Secretary, plus interest, as determined by the
Secretary; and
(B) ineligible to receive
assistance under this subsection for a period of 1 year following the
determination of the Secretary.
1208.
Special competitive
provisions for extra long staple cotton
(a)
Competitiveness
program
Notwithstanding any other provision of law, during the
period beginning on the date of enactment of this Act through July 31, 2019,
the Secretary shall carry out a program—
(1) to maintain and expand
the domestic use of extra long staple cotton produced in the United
States;
(2) to increase exports of
extra long staple cotton produced in the United States; and
(3) to ensure that extra long
staple cotton produced in the United States remains competitive in world
markets.
(b)
Payments under program;
trigger
Under the program, the Secretary shall make payments
available under this section whenever—
(1) for a consecutive 4-week
period, the world market price for the lowest priced competing growth of extra
long staple cotton (adjusted to United States quality and location and for
other factors affecting the competitiveness of such cotton), as determined by
the Secretary, is below the prevailing United States price for a competing
growth of extra long staple cotton; and
(2) the lowest priced
competing growth of extra long staple cotton (adjusted to United States quality
and location and for other factors affecting the competitiveness of such
cotton), as determined by the Secretary, is less than 134 percent of the loan
rate for extra long staple cotton.
(c)
Eligible
recipients
The Secretary shall make payments available under this
section to domestic users of extra long staple cotton produced in the United
States and exporters of extra long staple cotton produced in the United States
that enter into an agreement with the Commodity Credit Corporation to
participate in the program under this section.
(d)
Payment
amount
Payments under this section shall be based on the amount
of the difference in the prices referred to in subsection (b)(1) during the
fourth week of the consecutive 4-week period multiplied by the amount of
documented purchases by domestic users and sales for export by exporters made
in the week following such a consecutive 4-week period.
1209.
Availability of
recourse loans for high moisture feed grains and seed cotton
(a)
High moisture feed
grains
(1)
Definition of high
moisture state
In this subsection, the term high moisture
state means corn or grain sorghum having a moisture content in excess of
Commodity Credit Corporation standards for marketing assistance loans made by
the Secretary under section 1201.
(2)
Recourse loans
available
For each of the
2014 through 2018 crops of corn and grain sorghum, the Secretary shall make
available recourse loans, as determined by the Secretary, to producers on a
farm that—
(A) normally harvest all or a
portion of their crop of corn or grain sorghum in a high moisture state;
(B) present—
(i) certified scale tickets
from an inspected, certified commercial scale, including a licensed warehouse,
feedlot, feed mill, distillery, or other similar entity approved by the
Secretary, pursuant to regulations issued by the Secretary; or
(ii) field or other physical
measurements of the standing or stored crop in regions of the United States, as
determined by the Secretary, that do not have certified commercial scales from
which certified scale tickets may be obtained within reasonable proximity of
harvest operation;
(C) certify that the
producers on the farm were the owners of the feed grain at the time of delivery
to, and that the quantity to be placed under loan under this subsection was in
fact harvested on the farm and delivered to, a feedlot, feed mill, or
commercial or on-farm high-moisture storage facility, or to a facility
maintained by the users of corn and grain sorghum in a high moisture state;
and
(D) comply with deadlines
established by the Secretary for harvesting the corn or grain sorghum and
submit applications for loans under this subsection within deadlines
established by the Secretary.
(3)
Eligibility of acquired
feed grains
A loan under this subsection shall be made on a
quantity of corn or grain sorghum of the same crop acquired by the producer
equivalent to a quantity determined by multiplying—
(A) the acreage of the corn
or grain sorghum in a high moisture state harvested on the farm of the
producer; by
(B) the lower of the farm
program payment yield used to make payments under subtitle A or the actual
yield on a field, as determined by the Secretary, that is similar to the field
from which the corn or grain sorghum was obtained.
(b)
Recourse loans
available for seed cotton
For
each of the 2014 through 2018 crops of upland cotton and extra long staple
cotton, the Secretary shall make available recourse seed cotton loans, as
determined by the Secretary, on any production.
(c)
Repayment
rates
Repayment of a recourse loan made under this section shall
be at the loan rate established for the commodity by the Secretary, plus
interest (determined in accordance with section 163 of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7283)).
1210.
Adjustments of
loans
(a)
Adjustment
authority
Subject to subsection (e), the Secretary may make
appropriate adjustments in the loan rates for any loan commodity (other than
cotton) for differences in grade, type, quality, location, and other
factors.
(b)
Manner of
adjustment
The adjustments under subsection (a) shall, to the
maximum extent practicable, be made in such a manner that the average loan
level for the commodity will, on the basis of the anticipated incidence of the
factors, be equal to the level of support determined in accordance with this
subtitle and subtitle C.
(c)
Adjustment on county
basis
(1)
In
general
The Secretary may establish loan rates for a crop for
producers in individual counties in a manner that results in the lowest loan
rate being 95 percent of the national average loan rate, if those loan rates do
not result in an increase in outlays.
(2)
Prohibition
Adjustments
under this subsection shall not result in an increase in the national average
loan rate for any year.
(d)
Adjustment in loan rate
for cotton
(1)
In
general
The Secretary may make appropriate adjustments in the
loan rate for cotton for differences in quality factors.
(2)
Types of
adjustments
Loan rate
adjustments under paragraph (1) may include—
(A) the use of non-spot
market price data, in addition to spot market price data, that would enhance
the accuracy of the price information used in determining quality adjustments
under this subsection;
(B) adjustments in the
premiums or discounts associated with upland cotton with a staple length of 33
or above due to micronaire with the goal of eliminating any unnecessary
artificial splits in the calculations of the premiums or discounts; and
(C) such other adjustments as
the Secretary determines appropriate, after consultations conducted in
accordance with paragraph (3).
(3)
Consultation with
private sector
(A)
Prior to
revision
In making adjustments to the loan rate for cotton
(including any review of the adjustments) as provided in this subsection, the
Secretary shall consult with representatives of the United States cotton
industry.
(B)
Inapplicability of
Federal Advisory Committee Act
The Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to consultations under this subsection.
(4)
Review of
adjustments
The Secretary may
review the operation of the upland cotton quality adjustments implemented
pursuant to this subsection and may make further adjustments to the
administration of the loan program for upland cotton, by revoking or revising
any adjustment taken under paragraph (2).
(e)
Rice
The
Secretary shall not make adjustments in the loan rates for long grain rice and
medium grain rice, except for differences in grade and quality (including
milling yields).
C
Sugar
1301.
Sugar
program
(a)
Continuation of current
program and loan rates
(1)
Sugarcane
Section
156(a)(5) of the Federal Agriculture Improvement and Reform Act of 1996 (7
U.S.C. 7272(a)(5)) is amended by striking the 2012 crop year and
inserting each of the 2012 through 2018 crop years.
(2)
Sugar
beets
Section 156(b)(2) of the Federal Agriculture Improvement
and Reform Act of 1996 (7 U.S.C. 7272(b)(2)) is amended by striking
2012 and inserting 2018.
(3)
Effective
period
Section 156(i) of the Federal Agriculture Improvement and
Reform Act of 1996 (7 U.S.C. 7272(i)) is amended by striking
2012 and inserting 2018.
(b)
Flexible marketing
allotments for sugar
(1)
Sugar
estimates
Section 359b(a)(1) of the Agricultural Adjustment Act
of 1938 (7 U.S.C. 1359bb(a)(1)) is amended by striking 2012 and
inserting 2018.
(2)
Effective
period
Section 359l(a) of the Agricultural Adjustment Act of 1938
(7 U.S.C. 1359ll(a)) is amended by striking 2012 and inserting
2018.
D
Dairy
I
Dairy producer margin
protection and dairy market stabilization programs
1401.
Definitions
In this part:
(1)
Actual dairy producer
margin
The term actual dairy producer margin means
the difference between the all-milk price and the average feed cost, as
calculated under section 1402.
(2)
All-milk
price
The term all-milk price means the average
price received, per hundredweight of milk, by dairy producers for all milk sold
to plants and dealers in the United States, as determined by the
Secretary.
(3)
Annual production
history
The term annual production history means the
production history determined for a participating dairy producer under section
1413(b) whenever the dairy producer purchases supplemental margin
protection.
(4)
Average feed
cost
The term average feed cost means the average
cost of feed used by a dairy operation to produce a hundredweight of milk,
determined under section 1402 using the sum of the following:
(A) The product determined by
multiplying 1.0728 by the price of corn per bushel.
(B) The product determined by
multiplying 0.00735 by the price of soybean meal per ton.
(C) The product determined by
multiplying 0.0137 by the price of alfalfa hay per ton.
(5)
Basic production
history
The term basic production history means the
production history determined for a participating dairy producer under section
1413(a) for provision of basic margin protection.
(6)
Consecutive two-month
period
The term consecutive two-month period refers
to the two-month period consisting of the months of January and February, March
and April, May and June, July and August, September and October, or November
and December, respectively.
(7)
Dairy producer
(A)
In
general
Subject to subparagraph (B), the term dairy
producer means an individual or entity that directly or indirectly (as
determined by the Secretary)—
(i) shares in the risk of
producing milk; and
(ii) makes contributions
(including land, labor, management, equipment, or capital) to the dairy
operation of the individual or entity that are at least commensurate with the
share of the individual or entity of the proceeds of the operation.
(B)
Additional ownership
structures
The Secretary shall determine additional ownership
structures to be covered by the definition of dairy producer.
(8)
Handler
(A)
In
general
The term handler means the initial
individual or entity making payment to a dairy producer for milk produced in
the United States and marketed for commercial use.
(B)
Producer-handler
The
term includes a producer-handler when the producer satisfies the
definition in subparagraph (A).
(9)
Margin protection
program
The term margin protection program means the
dairy producer margin protection program required by subpart A.
(10)
Participating dairy
producer
The term participating dairy producer means
a dairy producer that—
(A) signs up under section
1412 to participate in the margin protection program under subpart A;
and
(B) as a result, also
participates in the stabilization program under subpart B.
(11)
Stabilization
program
The term stabilization program means the
dairy market stabilization program required by subpart B for all participating
dairy producers.
(12)
Stabilization program
base
The term stabilization program base, with
respect to a participating dairy producer, means the stabilization program base
calculated for the producer under section 1431(b).
(13)
United
States
The term United States, in a geographical
sense, means the 50 States, the District of Columbia, American Samoa, Guam, the
Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico,
the Virgin Islands of the United States, and any other territory or possession
of the United States.
1402.
Calculation of
average feed cost and actual dairy producer margins
(a)
Calculation of average
feed cost
The Secretary shall calculate the national average feed
cost for each month using the following data:
(1) The price of corn for a
month shall be the price received during that month by farmers in the United
States for corn, as reported in the monthly Agricultural Prices report by the
Secretary.
(2) The price of soybean meal for a month shall
be the central Illinois price for soybean meal, as reported in the Market
News-Monthly Soybean Meal Price Report by the Secretary.
(3) The price of alfalfa hay for a month shall
be the price received during that month by farmers in the United States for
alfalfa hay, as reported in the monthly Agricultural Prices report by the
Secretary.
(b)
Calculation of actual
dairy producer margins
(1)
Margin protection
program
For use in the margin protection program under subpart A,
the Secretary shall calculate the actual dairy producer margin for each
consecutive two-month period by subtracting—
(A) the average feed cost for
that consecutive two-month period, determined in accordance with subsection
(a); from
(B) the all-milk price for
that consecutive two-month period.
(2)
Stabilization
program
For use in the stabilization program under subpart B, the
Secretary shall calculate each month the actual dairy producer margin for the
preceding month by subtracting—
(A) the average feed cost for
that preceding month, determined in accordance with subsection (a); from
(B) the all-milk price for
that preceding month.
(3)
Time for
calculations
The calculations
required by paragraphs (1) and (2) shall be made as soon as practicable each
month using the full month price of the applicable reference month, but in no
case shall the calculation be made later than the last business day of the
month.
A
Dairy producer margin
protection program
1411.
Establishment of
dairy producer margin protection program
The Secretary shall establish and administer
a dairy producer margin protection program for the purpose of protecting dairy
producer income by paying participating dairy producers—
(1) basic margin protection
payments when actual dairy producer margins are less than the threshold levels
for such payments; and
(2) supplemental margin
protection payments if purchased by a participating dairy producer.
1412.
Participation of
dairy producers in margin protection program
(a)
Eligibility
All dairy producers in the United States
are eligible to participate in the margin protection program, except that a
dairy producer must sign up with the Secretary before the producer may
receive—
(1) basic margin protection
payments under section 1414; and
(2) if the dairy producer purchases
supplemental margin protection under section 1415, supplemental margin
protection payments under such section.
(b)
Sign-up
process
(1)
In
General
The Secretary shall
allow all interested dairy producers to sign up to participate in the margin
protection program. The Secretary shall specify the manner and form by which a
dairy producer must sign up to participate in the margin protection
program.
(2)
Treatment of
Multi-Producer Operations
If a dairy operation consists of more
than one dairy producer, all of the dairy producers of the operation shall be
treated as a single dairy producer for purposes of—
(A) registration to receive
basic margin protection and purchase supplemental margin protection;
(B) payment of the
administrative fee under subsection (e) and producer premiums under section
1415; and
(C) participation in the
stabilization program under subpart B.
(3)
Treatment of Producers
with Multiple Dairy Operations
If a dairy producer operates two
or more dairy operations, each dairy operation of the producer shall require a
separate registration to receive basic margin protection and purchase
supplemental margin protection. Only those dairy operations so registered shall
be subject to the stabilization program.
(c)
Time for sign
up
(1)
Existing Dairy
Producers
During the one-year
period beginning on the date of the initiation of the sign-up period for the
margin protection program, a dairy producer that is actively engaged in a dairy
operation as of such date may sign up with the Secretary—
(A) to receive basic margin
protection; and
(B) if the producer elects,
to purchase supplemental margin protection.
(2)
New
Entrants
A dairy producer
that has no existing interest in a dairy operation as of the date of the
initiation of the sign-up period for the margin protection program, but that,
after such date, establishes a new dairy operation, may sign up with the
Secretary during the one year period beginning on the date on which the dairy
operation first markets milk commercially—
(A) to receive basic margin
protection; and
(B) if the producer elects,
to purchase supplemental margin protection.
(d)
Retroactivity
provision
(1)
Notice of availability
of retroactive protection
Not
later than 30 days after the effective date of this subtitle, the Secretary
shall publish a notice in the Federal Register to inform dairy producers of the
availability of retroactive basic margin protection and retroactive
supplemental margin protection, subject to the condition that interested
producers must file a notice of intent (in such form and manner as the
Secretary specifies in the Federal Register notice)—
(A) to participate in the
margin protection program and receive basic margin protection; and
(B) at the election of the
producer under paragraph (3), to also obtain supplemental margin
protection.
(2)
Retroactive basic
margin protection
(A)
Availability
If a dairy producer files a notice of
intent under paragraph (1) to participate in the margin protection program
before the initiation of the sign-up period for the margin protection program
and subsequently signs up for the margin protection program, the producer shall
receive basic margin protection retroactive to the effective date of this
subtitle.
(B)
Duration
Retroactive basic margin protection under
this paragraph for a dairy producer shall apply from the effective date of this
subtitle until the date on which the producer signs up for the margin
protection program.
(3)
Retroactive
supplemental margin protection
(A)
Availability
Subject to subparagraphs (B) and (C), if a
dairy producer files a notice of intent under paragraph (1) to participate in
the margin protection program and obtain supplemental margin protection and
subsequently signs up for the margin protection program, the producer shall
receive supplemental margin protection, in addition to the basic margin
protection under paragraph (2), retroactive to the effective date of this
subtitle.
(B)
Deadline for
submission
A notice of intent
to obtain retroactive supplemental margin protection must be filed with the
Secretary no later than the earlier of the following:
(i) 150 days after the date on which the
Secretary publishes the notice in the Federal Register required by paragraph
(1).
(ii) The date on which the
Secretary initiates the sign up period for the margin protection
program.
(C)
Election of coverage
level and percentage of coverage
To be sufficient to obtain retroactive
supplemental margin protection, the notice of intent to participate filed by a
dairy producer must specify—
(i) a selected coverage level
that is higher, in any increment of $0.50, than the payment threshold for basic
margin protection specified in section 1414(b), but not to exceed $6.00;
and
(ii) the percentage of
coverage, subject to limits imposed in section 1415(c).
(D)
Duration
The coverage level and percentage specified
in the notice of intent to participate filed by a dairy producer shall apply
from the effective date of this subtitle until the later of the
following:
(i) October 1, 2013.
(ii) The date on which the
Secretary initiates the sign-up period for the margin protection
program.
(4)
Notice of intent and
obligation to participate in margin protection program
In no way does filing a notice of intent
under this subsection obligate a dairy producer to sign up for the margin
protection program once the program rules are final, but if a producer does
file a notice of intent and subsequently signs up for the margin protection
program, that dairy producer is obligated to pay fees and premiums for any
retroactive basic margin protection or retroactive supplemental margin
protection selected in the notice of intent.
(e)
Administrative
fee
(1)
Administrative fee
required
A dairy producer
shall pay an administrative fee under this subsection to sign up to participate
in the margin protection program. The participating dairy producer shall pay
the administrative fee annually thereafter to continue to participate in the
margin protection program.
(2)
Fee
amount
The administrative fee
for a participating dairy producer for a calendar year is based on the pounds
of milk (in millions) marketed by the dairy producer in the previous calendar
year, as follows:
Pounds Marketed (in millions)Admin. Fee
less than 1$100
1 to 10 $250
more than 10 to 40$500
more than 40$1000
(3)
Deposit of
Fees
All administrative fees
collected under this subsection shall be credited to the fund or account used
to cover the costs incurred to administer the margin protection program and the
stabilization program and shall be available to the Secretary, without further
appropriation and until expended, for use or transfer as provided in paragraph
(4).
(4)
Use of
Fees
The Secretary shall use
administrative fees collected under this subsection—
(A) to cover administrative
costs of the margin protection program and stabilization program; and
(B) to the extent funds remain available after
operation of subparagraphs (A), to cover costs of the Department of Agriculture
relating to reporting of dairy market news and to carry out section 273 of the
Agricultural Marketing Act of 1946 (7 U.S.C. 1637b).
(f)
Reconstitution
The Secretary shall prohibit a dairy
producer from reconstituting a dairy operation for the sole purpose of the
dairy producer—
(1) receiving basic margin
protection;
(2) purchasing supplemental
margin protection; or
(3) avoiding participation in
the stabilization program.
(g)
Priority
consideration
A dairy
operation that participates in the margin protection program shall be eligible
to participate in the livestock gross margin for dairy program under the
Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) only after operations that
are not participating in the production margin protection program are
enrolled.
1413.
Production history of
participating dairy producers
(a)
Production history for
basic margin protection
(1)
Determination
required
For purposes of
providing basic margin protection, the Secretary shall determine the basic
production history of the dairy operation of each participating dairy producer
in the margin protection program.
(2)
Calculation
Except as provided in paragraph (3), the
basic production history of a participating dairy producer for basic margin
protection is equal to the highest annual milk marketings of the dairy producer
during any one of the three calendar years immediately preceding the calendar
year in which the dairy producer first signed up to participate in the margin
protection program.
(3)
Election by new
producers
If a participating
dairy producer has been in operation for less than a year, the dairy producer
shall elect one of the following methods for the Secretary to determine the
basic production history of the dairy producer:
(A) The volume of the actual
milk marketings for the months the dairy producer has been in operation
extrapolated to a yearly amount.
(B) An estimate of the actual
milk marketings of the dairy producer based on the herd size of the producer
relative to the national rolling herd average data published by the
Secretary.
(4)
No change in production
history for basic margin protection
Once the basic production history of a
participating dairy producer is determined under paragraph (2) or (3), the
basic production history shall not be subsequently changed for purposes of
determining the amount of any basic margin protection payments for the dairy
producer made under section 1414.
(b)
Annual production
history for supplemental margin protection
(1)
Determination
required
For purposes of
providing supplemental margin protection for a participating dairy producer
that purchases supplemental margin protection for a year under section 1415,
the Secretary shall determine the annual production history of the dairy
operation of the dairy producer under paragraph (2).
(2)
Calculation
The annual production history of a
participating dairy producer for a year is equal to the actual milk marketings
of the dairy producer during the preceding calendar year.
(3)
New
producers
Subsection (a)(3)
shall apply with respect to determining the annual production history of a
participating dairy producer that has been in operation for less than a
year.
(c)
Required
information
A participating
dairy producer shall provide all information that the Secretary may require in
order to establish—
(1) the basic production history of the dairy
operation of the dairy producer under subsection (a); and
(2) the production history of the dairy
operation of the dairy producer whenever the producer purchases supplemental
margin protection under section 1415.
(d)
Transfer of production
histories
(1)
Transfer by sale or
lease
In promulgating the
rules to initiate the margin protection program, the Secretary shall specify
the conditions under which and the manner by which the production history of a
dairy operation may be transferred by sale or lease.
(2)
Coverage level
(A)
Basic margin
protection
A purchaser or
lessee to whom the Secretary transfers a basic production history under this
subsection shall not obtain a different level of basic margin protection than
the basic margin protection coverage held by the seller or lessor from whom the
transfer was obtained.
(B)
Supplemental margin
protection
A purchaser or
lessee to whom the Secretary transfers an annual production history under this
subsection shall not obtain a different level of supplemental margin protection
coverage than the supplemental margin protection coverage in effect for the
seller or lessor from whom the transfer was obtained for the calendar year in
which the transfer was made.
(e)
Movement and transfer
of production history
(1)
Movement and transfer
authorized
Subject to
paragraph (2), if a dairy producer moves from one location to another location,
the dairy producer may maintain the basic production history and annual
production history associated with the operation.
(2)
Notification
requirement
A dairy producer shall notify the Secretary of any
move of a dairy operation under paragraph (1).
(3)
Subsequent occupation
of vacated location
A party
subsequently occupying a dairy operation location vacated as described in
paragraph (1) shall have no interest in the basic production history or annual
production history previously associated with the operation at such
location.
1414.
Basic margin
protection
(a)
Eligibility
All participating dairy producers are
eligible to receive basic margin protection under the margin protection
program.
(b)
Payment
threshold
Participating dairy
producers shall receive a basic margin protection payment whenever the average
actual dairy producer margin for a consecutive two-month period is less than
$4.00 per hundredweight of milk.
(c)
Basic margin protection
payment
(1)
Payment
required
The Secretary shall
make a basic margin protection payment to each participating dairy producer
whenever such a payment is required by subsection (b).
(2)
Amount of
payment
The basic margin
protection payment for the dairy operation of a participating dairy producer
for a consecutive two-month period shall be determined as follows:
(A) The Secretary shall calculate the
difference between the average actual dairy producer margin for the consecutive
two-month period and $4.00, except that, if the difference is more than $4.00,
the Secretary shall use $4.00.
(B) The Secretary shall multiply the amount
under subparagraph (A) by the lesser of the following:
(i) 80 percent of the
production history of the dairy producer, divided by six.
(ii) The actual amount of milk marketed by the
dairy operation of the dairy producer during the consecutive two-month
period.
1415.
Supplemental margin
protection
(a)
Election of
supplemental margin protection
Supplemental margin protection is available
only on an annual basis. A participating dairy producer may annually purchase
supplemental margin protection to protect, during the calendar year for which
purchased, a higher level of the income of a participating dairy producer than
the income level guaranteed by basic margin protection under section
1414.
(b)
Selection of payment
threshold
A participating
dairy producer purchasing supplemental margin protection for a year shall elect
a coverage level that is higher, in any increment of $0.50, than the payment
threshold for basic margin protection specified in section 1414(b), but not to
exceed $8.00.
(c)
Selection of coverage
percentage
A participating
dairy producer purchasing supplemental margin protection for a year shall elect
a percentage of coverage equal to not more than 90 percent, nor less than 25
percent, of the annual production history of the dairy operation of the
participating dairy producer.
(d)
Producer Premiums for
supplemental margin protection
(1)
Premiums
required
A participating
dairy producer that purchases supplemental margin protection shall pay an
annual premium equal to the product obtained by multiplying—
(A) the percentage selected
by the dairy producer under subsection (c);
(B) the annual production
history of the dairy producer; and
(C) the premium per
hundredweight of milk, as specified in the applicable table under paragraph (2)
or (3).
(2)
Premium per
hundredweight for first 4 million pounds of production
For the
first 4,000,000 pounds of milk marketings included in the annual production
history of a participating dairy producer, the premium per hundredweight
corresponding to each coverage level specified in the following table is as
follows:
Coverage LevelPremium per Cwt.
$4.50$0.01
$5.00$0.025
$5.50$0.04
$6.00$0.065
$6.50$0.09
$7.00$0.434
$7.50$0.590
$8.00$0.922
(3)
Premium per
hundredweight for production in excess of 4 million pounds
For milk marketings in excess of 4,000,000
pounds included in the annual production history of a participating dairy
producer, the premium per hundredweight corresponding to each coverage level is
as follows:
Coverage LevelPremium per Cwt.
$4.50$0.015
$5.00$0.036
$5.50$0.081
$6.00$0.155
$6.50$0.230
$7.00$0.434
$7.50$0.590
$8.00$0.922
(4)
Time for
payment
In promulgating the
rules to initiate the margin protection program, the Secretary shall provide
more than one method by which a participating dairy producer that purchases
supplemental margin protection for a calendar year may pay the premium under
this subsection for that year that maximizes producer payment flexibility and
program integrity.
(e)
Producer’s Premium
Obligations
(1)
Pro-ration of premium
for new producers
A dairy
producer described in section 1412(c)(2) that purchases supplemental margin
protection for a calendar year after the start of the calendar year shall pay a
pro-rated premium for that calendar year based on the portion of the calendar
year for which the producer purchases the coverage.
(2)
Legal
obligation
A participating dairy producer that purchases
supplemental margin protection for a calendar year shall be legally obligated
to pay the applicable premium for that calendar year, except that, if the dairy
producer retires, the producer may request that Secretary cancel the
supplemental margin protection if the producer has terminated the dairy
operation entirely and certifies under oath that the producer will not be
actively engaged in any dairy operation for at least the next seven
years.
(f)
Supplemental Payment
threshold
A participating
dairy producer with supplemental margin protection shall receive a supplemental
margin protection payment whenever the average actual dairy producer margin for
a consecutive two-month period is less than the coverage level threshold
selected by the dairy producer under subsection (b).
(g)
Supplemental margin
protection payments
(1)
In
general
The supplemental
margin protection payment for a participating dairy producer is in addition to
the basic margin protection payment.
(2)
Amount of
payment
The supplemental
margin protection payment for the dairy operation of a participating dairy
producer shall be determined as follows:
(A) The Secretary shall calculate the
difference between the coverage level threshold selected by the dairy producer
under subsection (b) and the greater of—
(i) the average actual dairy
producer margin for the consecutive two-month period; or
(ii) $4.00.
(B) The amount determined under subparagraph
(A) shall be multiplied by the percentage selected by the participating dairy
producer under subsection (c) and by the lesser of the following:
(i) The annual production history of the dairy
operation of the dairy producer, divided by six.
(ii) The actual amount of milk marketed by the
dairy operation of the dairy producer during the consecutive two-month
period.
1416.
Effect of failure to
pay administrative fees or premiums
(a)
Loss of
benefits
A participating
dairy producer that fails to pay the required administrative fee under section
1412 or is in arrears on premium payments for supplemental margin protection
under section 1415—
(1) remains legally obligated to pay the
administrative fee or premiums, as the case may be; and
(2) may not receive basic margin protection
payments or supplemental margin protection payments until the fees or premiums
are fully paid.
(b)
Enforcement
The Secretary may take such action as
necessary to collect administrative fees and premium payments for supplemental
margin protection.
B
Dairy Market
Stabilization Program
1431.
Establishment of
dairy market stabilization program
(a)
Program required;
purpose
The Secretary shall
establish and administer a dairy market stabilization program applicable to
participating dairy producers for the purpose of assisting in balancing the
supply of milk with demand when dairy producers are experiencing low or
negative operating margins.
(b)
Election of
stabilization program base calculation method
(1)
Election
When a dairy producer signs up under
section 1412 to participate in the margin protection program, the dairy
producer shall inform the Secretary of the method by which the stabilization
program base for the dairy producer for fiscal year 2013 will be calculated
under paragraph (3).
(2)
Change in calculation
method
A participating dairy producer may change the
stabilization program base calculation method to be used for a calendar year by
notifying the Secretary of the change not later than a date determined by the
Secretary.
(3)
Calculation
methods
A participating dairy producer may elect either of the
following methods for calculation of the stabilization program base for the
producer:
(A) The volume of the average
monthly milk marketings of the dairy producer for the three months immediately
preceding the announcement by the Secretary that the stabilization program will
become effective.
(B) The volume of the monthly milk marketings
of the dairy producer for the same month in the preceding year as the month for
which the Secretary has announced the stabilization program will become
effective.
1432.
Threshold for
implementation and reduction in dairy producer payments
(a)
When stabilization
program required
Except as
provided in subsection (b), the Secretary shall announce that the stabilization
program is in effect and order reduced payments for any participating dairy
producer that exceeds the applicable percentage of the producer’s stabilization
program base whenever—
(1) the actual dairy producer margin has been
$6.00 or less per hundredweight of milk for each of the immediately preceding
two months; or
(2) the actual dairy producer margin has been
$4.00 or less per hundredweight of milk for the immediately preceding
month.
(b)
Exception
The Secretary shall not make the
announcement under subsection (a) to implement the stabilization program or
order reduced payments if any of the conditions described in section 1436(b)
have been met during the two months immediately preceding the month in which
the announcement under subsection (a) would otherwise be made by the Secretary
in the absence of this exception.
(c)
Effective date for
implementation of payment reductions
Reductions in dairy producer
payments shall commence beginning on the first day of the month immediately
following the date of the announcement by the Secretary under subsection
(a).
1433.
Producer milk
marketing information
(a)
Collection of milk
marketing data
The Secretary
shall establish, by regulation, a process to collect from participating dairy
producers and handlers such information that the Secretary considers necessary
for each month during which the stabilization program is in effect.
(b)
Reduce regulatory
burden
When implementing the process under subsection (a), the
Secretary shall minimize the regulatory burden on dairy producers and
handlers.
1434.
Calculation and
collection of reduced dairy producer payments
(a)
Reduced producer
payments required
During any
month in which payment reductions are in effect under the stabilization
program, each handler shall reduce payments to each participating dairy
producer from whom the handler receives milk.
(b)
Reductions based on
actual dairy producer margin
(1)
Reduction requirement
1
Unless the reduction
required by paragraph (2) or (3) applies, when the actual dairy producer margin
has been $6.00 or less per hundredweight of milk for two consecutive months,
the handler shall make payments to a participating dairy producer for a month
based on the greater of the following:
(A) 98 percent of the
stabilization program base of the dairy producer.
(B) 94 percent of the
marketings of milk for the month by the producer.
(2)
Reduction requirement
2
Unless the reduction
required by paragraph (3) applies, when the actual dairy producer margin has
been $5.00 or less per hundredweight of milk for two consecutive months, the
handler shall make payments to a participating dairy producer for a month based
on the greater of the following:
(A) 97 percent of the stabilization program
base of the dairy producer.
(B) 93 percent of the marketings of milk for
the month by the producer.
(3)
Reduction requirement
3
When the actual dairy
producer margin has been $4.00 or less for any one month, the handler shall
make payments to a participating dairy producer for a month based on the
greater of the following:
(A) 96 percent of the stabilization program
base of the dairy producer.
(B) 92 percent of the marketings of milk for
the month by the producer.
(c)
Continuation of
reductions
The largest level of payment reduction required under
paragraph (1), (2), or (3) of subsection (b) shall be continued for each month
until the Secretary suspends the stabilization program and terminates payment
reductions in accordance with section 1436.
(d)
Payment reduction
exception
Notwithstanding any
preceding subsection of this section, a handler shall make no payment
reductions for a dairy producer for a month if the producer’s milk marketings
for the month are equal to or less than the percentage of the stabilization
program base applicable to the producer under paragraph (1), (2), or (3) of
subsection (b).
1435.
Remitting monies to
the Secretary and use of monies
(a)
Remitting
monies
As soon as practicable
after the end of each month during which payment reductions are in effect under
the stabilization program, each handler shall remit to the Secretary an amount
equal to the amount by which payments to participating dairy producers are
reduced by the handler under section 1434.
(b)
Deposit of
monies
All monies received
under subsection (a) shall be available to the Secretary, without further
appropriation and until expended, for use or transfer as provided in subsection
(c).
(c)
Use of monies
(1)
Availability for
certain commodity donations
Within three months of the receipt of
monies under subsection (a), the Secretary shall obligate the monies for the
purpose of—
(A) purchasing dairy products for donation to
food banks and other programs that the Secretary determines appropriate;
and
(B) expanding consumption and
building demand for dairy products.
(2)
No duplication of
effort
The Secretary shall
ensure that expenditures under paragraph (1) are compatible with, and do not
duplicate, programs supported by the dairy research and promotion activities
conducted under the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4501
et seq.).
(3)
Accounting
The
Secretary shall keep an accurate account of all monies obligated under
paragraph (1).
(d)
Annual
Report
Not later than December 31 of each year that the
stabilization program is in effect, the Secretary shall submit to the Committee
on Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report that provides an
accurate accounting of—
(1) the monies received by
the Secretary during the preceding fiscal year under subsection (a); and
(2) all expenditures made by
the Secretary under subsection (b) during the preceding fiscal year.
(e)
Enforcement
If a participating dairy producer or
handler fails to remit or collect the amounts by which payments to
participating dairy producers are reduced under section 1434, the producer or
handler responsible for the failure shall be liable to the Secretary for the
amount that should have been remitted or collected, plus interest. In addition
to the enforcement authorities available under section 1437, the Secretary may
enforce this subsection in the courts of the United States.
1436.
Suspension of
reduced payment requirement
(a)
Determination of
prices
For purposes of this
section:
(1) The price in the United States for cheddar
cheese and nonfat dry milk shall be determined by the Secretary.
(2) The world price of
cheddar cheese and skim milk powder shall be determined by the
Secretary.
(b)
Initial suspension
thresholds
The Secretary
shall announce that the stabilization program shall be suspended whenever the
Secretary determines that—
(1) the actual dairy producer margin is greater
than $6.00 per hundredweight of milk for two consecutive months;
(2) the dairy producer margin is equal to or
less than $6.00 (but greater than $5.00) for two consecutive months, and during
the same two consecutive months—
(A) the price in the United
States for cheddar cheese is equal to or greater than the world price of
cheddar cheese; or
(B) the price in the United
States for nonfat dry milk is equal to or greater than the world price of skim
milk powder;
(3) the dairy producer margin
is equal to or less than $5.00 (but greater than $4.00) for two consecutive
months, and during the same two consecutive months—
(A) the price in the United
States for cheddar cheese is more than 5 percent above the world price of
cheddar cheese; or
(B) the price in the United
States for nonfat dry milk is more than 5 percent above the world price of skim
milk powder; or
(4) the dairy producer margin
is equal to or less than $4.00 for two consecutive months, and during the same
two consecutive months—
(A) the price in the United
States for cheddar cheese is more than 7 percent above the world price of
cheddar cheese; or
(B) the price in the United
States for nonfat dry milk is more than 7 percent above the world price of skim
milk powder.
(c)
Enhanced suspension
thresholds
If the
stabilization program is not suspended pursuant to subsection (b) for six
consecutive months or more, the stabilization program shall be suspended
whenever the Secretary determines that—
(1) the actual dairy producer
margin is greater than $6.00 per hundredweight of milk for two consecutive
months;
(2) the dairy producer margin
is equal to or less than $6.00 (but greater than $5.00) for two consecutive
months, and during the same two consecutive months—
(A) the price in the United
States for cheddar cheese is not less than 97 percent of the world price of
cheddar cheese; or
(B) the price in the United
States for non-fat dry milk is not less than 97 percent of the world price of
skim milk powder;
(3) the dairy producer margin
is equal to or less than $5.00 (but greater than $4.00) for two consecutive
months, and during the same two consecutive months—
(A) the price in the United
States for cheddar cheese is more than 3 percent above the world price of
cheddar cheese; or
(B) the price in the United
States for non fat dry milk is more than 3 percent above the world price of
skim milk powder; or
(4) the dairy producer margin
is equal to or less than $4.00 for two consecutive months, and during the same
two consecutive months—
(A) the price in the United
States for cheddar cheese is more than 6 percent above the world price of
cheddar cheese; or
(B) the price in the United
States for non fat dry milk is more than 6 percent above the world price of
skim milk powder.
(d)
Implementation by
handlers
Effective on the day
after the date of the announcement by the Secretary under subsection (b) or (c)
of the suspension of the stabilization program, the handler shall cease
reducing payments to participating dairy producers under the stabilization
program.
(e)
Condition on resumption
of stabilization program
Upon
the announcement by the Secretary under subsection (b) or (c) that the
stabilization program has been suspended, the stabilization program may not be
implemented again until, at the earliest—
(1) two months have passed,
beginning on the first day of the month immediately following the announcement
by the Secretary; and
(2) the conditions of section
1432(a) are again met.
1437.
Enforcement
(a)
Unlawful
act
It shall be unlawful and
a violation of the this subpart for any person subject to the stabilization
program to willfully fail or refuse to provide, or delay the timely reporting
of, accurate information and remittance of funds to the Secretary in accordance
with this subpart.
(b)
Order
After
providing notice and opportunity for a hearing to an affected person, the
Secretary may issue an order against any person to cease and desist from
continuing any violation of this subpart.
(c)
Appeal
An
order of the Secretary under subsection (b) shall be final and conclusive
unless an affected person files an appeal of the order of the Secretary in
United States district court not later than 30 days after the date of the
issuance of the order. A finding of the Secretary in the order shall be set
aside only if the finding is not supported by substantial evidence.
(d)
Noncompliance with
order
If a person subject to this subpart fails to obey an order
issued under subsection (b) after the order has become final and unappealable,
or after the appropriate United States district court has entered a final
judgment in favor of the Secretary, the United States may apply to the
appropriate United States district court for enforcement of the order. If the
court determines that the order was lawfully made and duly served and that the
person violated the order, the court shall enforce the order.
1438.
Audit
requirements
(a)
Audits of producer and
handler compliance
(1)
Audits
authorized
If determined by
the Secretary to be necessary to ensure compliance by participating dairy
producers and handlers with the stabilization program, the Secretary may
conduct periodic audits of participating dairy producers and handlers.
(2)
Sample of dairy
producers
Any audit conducted under this subsection shall
include, at a minimum, investigation of a statistically valid and random sample
of participating dairy producers.
(b)
Submission of
results
The Secretary shall
submit the results of any audit conducted under subsection (a) to the Committee
on Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate and include such
recommendations as the Secretary considers appropriate regarding the
stabilization program.
C
Commodity Credit
Corporation
1451.
Use of Commodity
Credit Corporation
The
Secretary shall use the funds, facilities, and the authorities of the Commodity
Credit Corporation to carry out this part.
D
Initiation and
duration
1461.
Rulemaking
(a)
Procedure
The promulgation of regulations for the
initiation of the margin protection program and the stabilization program, and
for administration of such programs, shall be made without regard to—
(1) chapter 35 of title 44,
United States Code (commonly known as the Paperwork Reduction Act);
(2) the Statement of Policy
of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804),
relating to notices of proposed rulemaking and public participation in
rulemaking; and
(3) the notice and comment
provisions of section 553 of title 5, United States Code.
(b)
Congressional review of
agency rulemaking
In carrying out subsection (a), the Secretary
shall use the authority provided under section 808 of title 5, United States
Code.
(c)
Inclusion of additional
order
Section 143(a)(2) of
the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
7253(a)(2)) is amended by adding at the end the following new sentence:
Subsection (b)(2) does not apply to the authority of the Secretary under
this subsection..
1462.
Duration
The margin protection program and the
stabilization program shall end on December 31, 2018.
II
Repeal or
reauthorization of other dairy-related provisions
1481.
Repeal of dairy
product price support and milk income loss contract programs
(a)
Repeal of dairy product
price support program
Section 1501 of the Food, Conservation, and
Energy Act of 2008 (7 U.S.C. 8771) is repealed.
(b)
Repeal of milk income
loss contract program
Section 1506 of the Food, Conservation, and
Energy Act of 2008 (7 U.S.C. 8773) is repealed.
1482.
Repeal of dairy
export incentive program
(a)
Repeal
Section 153 of the Food Security Act of
1985 (15 U.S.C. 713a–14) is repealed.
(b)
Conforming
amendments
Section 902(2) of the Trade Sanctions Reform and
Export Enhancement Act of 2000 (22 U.S.C. 7201(2)) is amended—
(1) by striking subparagraph
(D); and
(2) by redesignating
subparagraphs (E) and (F) as subparagraphs (D) and (E), respectively.
1483.
Extension of dairy
forward pricing program
Section 1502(e) of the Food, Conservation,
and Energy Act of 2008 (7 U.S.C. 8772(e)) is amended—
(1) in paragraph (1), by
striking 2012 and inserting 2018; and
(2) in paragraph (2), by
striking 2015 and inserting 2021.
1484.
Extension of dairy
indemnity program
Section 3 of
Public Law 90–484 (7 U.S.C. 450l) is amended by striking 2012
and inserting 2018.
1485.
Extension of dairy
promotion and research program
Section 113(e)(2) of the Dairy Production
Stabilization Act of 1983 (7 U.S.C. 4504(e)(2)) is amended by striking
2012 and inserting 2018.
1486.
Repeal of Federal
Milk Marketing Order Review Commission
Section 1509 of the Food, Conservation, and
Energy Act of 2008 (Public Law 110–246; 122 Stat. 1726) is repealed.
III
Effective date
1491.
Effective
date
This subtitle and the
amendments made by this subtitle shall take effect on October 1, 2013.
E
Supplemental Agricultural
Disaster Assistance Programs
1501.
Supplemental
agricultural disaster assistance
(a)
Definitions
In
this section:
(1)
Eligible producer on a
farm
(A)
In
general
The term eligible producer on a farm means
an individual or entity described in subparagraph (B) that, as determined by
the Secretary, assumes the production and market risks associated with the
agricultural production of crops or livestock.
(B)
Description
An
individual or entity referred to in subparagraph (A) is—
(i) a citizen of the United
States;
(ii) a resident alien;
(iii) a partnership of
citizens of the United States; or
(iv) a corporation, limited
liability corporation, or other farm organizational structure organized under
State law.
(2)
Farm-raised
fish
The term farm-raised fish means any aquatic
species that is propagated and reared in a controlled environment.
(3)
Livestock
The
term livestock includes—
(A) cattle (including dairy
cattle);
(B) bison;
(C) poultry;
(D) sheep;
(E) swine;
(F) horses; and
(G) other livestock, as
determined by the Secretary.
(4)
Secretary
The
term Secretary means the Secretary of Agriculture.
(b)
Livestock indemnity
payments
(1)
Payments
For each of the fiscal years 2012 through
2018, the Secretary shall use such sums as are necessary of the funds of the
Commodity Credit Corporation to make livestock indemnity payments to eligible
producers on farms that have incurred livestock death losses in excess of the
normal mortality, as determined by the Secretary, due to—
(A) attacks by animals reintroduced into the
wild by the Federal Government or protected by Federal law, including wolves
and avian predators; or
(B) adverse weather, as
determined by the Secretary, during the calendar year, including losses due to
hurricanes, floods, blizzards, disease, wildfires, extreme heat, and extreme
cold.
(2)
Payment
rates
Indemnity payments to an eligible producer on a farm under
paragraph (1) shall be made at a rate of 75 percent of the market value of the
applicable livestock on the day before the date of death of the livestock, as
determined by the Secretary.
(3)
Special rule for
payments made due to disease
The Secretary shall ensure that
payments made to an eligible producer under paragraph (1) are not made for the
same livestock losses for which compensation is provided pursuant to section
10407(d) of the Animal Health Protection Act (7 U.S.C. 8306(d)).
(c)
Livestock forage
disaster program
(1)
Definitions
In
this subsection:
(A)
Covered
livestock
(i)
In
general
Except as provided in clause (ii), the term
covered livestock means livestock of an eligible livestock
producer that, during the 60 days prior to the beginning date of a qualifying
drought or fire condition, as determined by the Secretary, the eligible
livestock producer—
(I) owned;
(II) leased;
(III) purchased;
(IV) entered into a contract
to purchase;
(V) is a contract grower;
or
(VI) sold or otherwise
disposed of due to qualifying drought conditions during—
(aa) the current production
year; or
(bb) subject to paragraph
(3)(B)(ii), 1 or both of the 2 production years immediately preceding the
current production year.
(ii)
Exclusion
The
term covered livestock does not include livestock that were or
would have been in a feedlot, on the beginning date of the qualifying drought
or fire condition, as a part of the normal business operation of the eligible
livestock producer, as determined by the Secretary.
(B)
Drought
monitor
The term drought monitor means a system
for classifying drought severity according to a range of abnormally dry to
exceptional drought, as defined by the Secretary.
(C)
Eligible livestock
producer
(i)
In
general
The term eligible livestock producer means
an eligible producer on a farm that—
(I) is an owner, cash or
share lessee, or contract grower of covered livestock that provides the
pastureland or grazing land, including cash-leased pastureland or grazing land,
for the livestock;
(II) provides the pastureland
or grazing land for covered livestock, including cash-leased pastureland or
grazing land that is physically located in a county affected by drought;
(III) certifies grazing loss;
and
(IV) meets all other
eligibility requirements established under this subsection.
(ii)
Exclusion
The
term eligible livestock producer does not include an owner, cash
or share lessee, or contract grower of livestock that rents or leases
pastureland or grazing land owned by another person on a rate-of-gain
basis.
(D)
Normal carrying
capacity
The term normal carrying capacity, with
respect to each type of grazing land or pastureland in a county, means the
normal carrying capacity, as determined under paragraph (3)(D)(i), that would
be expected from the grazing land or pastureland for livestock during the
normal grazing period, in the absence of a drought or fire that diminishes the
production of the grazing land or pastureland.
(E)
Normal grazing
period
The term normal grazing period, with
respect to a county, means the normal grazing period during the calendar year
for the county, as determined under paragraph (3)(D)(i).
(2)
Program
For each of the fiscal years 2012 through
2018, the Secretary shall use such sums as are necessary of the funds of the
Commodity Credit Corporation to provide compensation for losses to eligible
livestock producers due to grazing losses for covered livestock due to—
(A) a drought condition, as
described in paragraph (3); or
(B) fire, as described in
paragraph (4).
(3)
Assistance for losses
due to drought conditions
(A)
Eligible
losses
(i)
In
general
An eligible livestock producer may receive assistance
under this subsection only for grazing losses for covered livestock that occur
on land that—
(I) is native or improved
pastureland with permanent vegetative cover; or
(II) is planted to a crop
planted specifically for the purpose of providing grazing for covered
livestock.
(ii)
Exclusions
An
eligible livestock producer may not receive assistance under this subsection
for grazing losses that occur on land used for haying or grazing under the
conservation reserve program established under subchapter B of chapter 1 of
subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et
seq.).
(B)
Monthly payment
rate
(i)
In
general
Except as provided in clause (ii), the payment rate for
assistance under this paragraph for 1 month shall, in the case of drought, be
equal to 60 percent of the lesser of—
(I) the monthly feed cost for
all covered livestock owned or leased by the eligible livestock producer, as
determined under subparagraph (C); or
(II) the monthly feed cost
calculated by using the normal carrying capacity of the eligible grazing land
of the eligible livestock producer.
(ii)
Partial
compensation
In the case of an eligible livestock producer that
sold or otherwise disposed of covered livestock due to drought conditions in 1
or both of the 2 production years immediately preceding the current production
year, as determined by the Secretary, the payment rate shall be 80 percent of
the payment rate otherwise calculated in accordance with clause (i).
(C)
Monthly feed
cost
(i)
In
general
The monthly feed cost shall equal the product obtained by
multiplying—
(I) 30 days;
(II) a payment quantity that
is equal to the feed grain equivalent, as determined under clause (ii);
and
(III) a payment rate that is
equal to the corn price per pound, as determined under clause (iii).
(ii)
Feed grain
equivalent
For purposes of clause (i)(II), the feed grain
equivalent shall equal—
(I) in the case of an adult
beef cow, 15.7 pounds of corn per day; or
(II) in the case of any other
type of weight of livestock, an amount determined by the Secretary that
represents the average number of pounds of corn per day necessary to feed the
livestock.
(iii)
Corn price per
pound
For purposes of clause (i)(III), the corn price per pound
shall equal the quotient obtained by dividing—
(I) the higher of—
(aa) the national average
corn price per bushel for the 12-month period immediately preceding March 1 of
the year for which the disaster assistance is calculated; or
(bb) the national average
corn price per bushel for the 24-month period immediately preceding that March
1; by
(II) 56.
(D)
Normal grazing period
and drought monitor intensity
(i)
Fsa county committee
determinations
(I)
In
general
The Secretary shall determine the normal carrying
capacity and normal grazing period for each type of grazing land or pastureland
in the county served by the applicable committee.
(II)
Changes
No
change to the normal carrying capacity or normal grazing period established for
a county under subclause (I) shall be made unless the change is requested by
the appropriate State and county Farm Service Agency committees.
(ii)
Drought
intensity
(I)
D2
An
eligible livestock producer that owns or leases grazing land or pastureland
that is physically located in a county that is rated by the U.S. Drought
Monitor as having a D2 (severe drought) intensity in any area of the county for
at least 8 consecutive weeks during the normal grazing period for the county,
as determined by the Secretary, shall be eligible to receive assistance under
this paragraph in an amount equal to 1 monthly payment using the monthly
payment rate determined under subparagraph (B).
(II)
D3
An
eligible livestock producer that owns or leases grazing land or pastureland
that is physically located in a county that is rated by the U.S. Drought
Monitor as having at least a D3 (extreme drought) intensity in any area of the
county at any time during the normal grazing period for the county, as
determined by the Secretary, shall be eligible to receive assistance under this
paragraph—
(aa) in an amount equal to 3
monthly payments using the monthly payment rate determined under subparagraph
(B);
(bb) if the county is rated
as having a D3 (extreme drought) intensity in any area of the county for at
least 4 weeks during the normal grazing period for the county, or is rated as
having a D4 (exceptional drought) intensity in any area of the county at any
time during the normal grazing period, in an amount equal to 4 monthly payments
using the monthly payment rate determined under subparagraph (B); or
(cc) if the county is rated as having a D4
(exceptional drought) intensity in any area of the county for at least 4 weeks
during the normal grazing period, in an amount equal to 5 monthly payments
using the monthly rate determined under subparagraph (B).
(4)
Assistance for losses
due to fire on public managed land
(A)
In
general
An eligible livestock producer may receive assistance
under this paragraph only if—
(i) the grazing losses occur
on rangeland that is managed by a Federal agency; and
(ii) the eligible livestock
producer is prohibited by the Federal agency from grazing the normal permitted
livestock on the managed rangeland due to a fire.
(B)
Payment
rate
The payment rate for assistance under this paragraph shall
be equal to 50 percent of the monthly feed cost for the total number of
livestock covered by the Federal lease of the eligible livestock producer, as
determined under paragraph (3)(C).
(C)
Payment
duration
(i)
In
general
Subject to clause (ii), an eligible livestock producer
shall be eligible to receive assistance under this paragraph for the
period—
(I) beginning on the date on
which the Federal agency excludes the eligible livestock producer from using
the managed rangeland for grazing; and
(II) ending on the last day
of the Federal lease of the eligible livestock producer.
(ii)
Limitation
An
eligible livestock producer may only receive assistance under this paragraph
for losses that occur on not more than 180 days per year.
(5)
No duplicative
payments
An eligible
livestock producer may elect to receive assistance for grazing or pasture feed
losses due to drought conditions under paragraph (3) or fire under paragraph
(4), but not both for the same loss, as determined by the Secretary.
(d)
Emergency assistance
for livestock, honey bees, and farm-raised fish
(1)
In
general
For each of the
fiscal years 2012 through 2018, the Secretary shall use not more than
$20,000,000 of the funds of the Commodity Credit Corporation to provide
emergency relief to eligible producers of livestock, honey bees, and
farm-raised fish to aid in the reduction of losses due to disease (including
cattle tick fever), adverse weather, or other conditions, such as blizzards and
wildfires, as determined by the Secretary, that are not covered under
subsection (b) or (c).
(2)
Use of
funds
Funds made available under this subsection shall be used to
reduce losses caused by feed or water shortages, disease, or other factors as
determined by the Secretary.
(3)
Availability of
funds
Any funds made available under this subsection shall remain
available until expended.
(e)
Tree assistance
program
(1)
Definitions
In
this subsection:
(A)
Eligible
orchardist
The term eligible orchardist means a
person that produces annual crops from trees for commercial purposes.
(B)
Natural
disaster
The term natural disaster means plant
disease, insect infestation, drought, fire, freeze, flood, earthquake,
lightning, or other occurrence, as determined by the Secretary.
(C)
Nursery tree
grower
The term nursery tree grower means a person
who produces nursery, ornamental, fruit, nut, or Christmas trees for commercial
sale, as determined by the Secretary.
(D)
Tree
The
term tree includes a tree, bush, and vine.
(2)
Eligibility
(A)
Loss
Subject to subparagraph (B), for each of
the fiscal years 2012 through 2018, the Secretary shall use such sums as are
necessary of the funds of the Commodity Credit Corporation to provide
assistance—
(i) under paragraph (3) to
eligible orchardists and nursery tree growers that planted trees for commercial
purposes but lost the trees as a result of a natural disaster, as determined by
the Secretary; and
(ii) under paragraph (3)(B)
to eligible orchardists and nursery tree growers that have a production history
for commercial purposes on planted or existing trees but lost the trees as a
result of a natural disaster, as determined by the Secretary.
(B)
Limitation
An
eligible orchardist or nursery tree grower shall qualify for assistance under
subparagraph (A) only if the tree mortality of the eligible orchardist or
nursery tree grower, as a result of damaging weather or related condition,
exceeds 15 percent (adjusted for normal mortality).
(3)
Assistance
Subject
to paragraph (4), the assistance provided by the Secretary to eligible
orchardists and nursery tree growers for losses described in paragraph (2)
shall consist of—
(A)
(i) reimbursement of 65
percent of the cost of replanting trees lost due to a natural disaster, as
determined by the Secretary, in excess of 15 percent mortality (adjusted for
normal mortality); or
(ii) at the option of the
Secretary, sufficient seedlings to reestablish a stand; and
(B) reimbursement of 50
percent of the cost of pruning, removal, and other costs incurred by an
eligible orchardist or nursery tree grower to salvage existing trees or, in the
case of tree mortality, to prepare the land to replant trees as a result of
damage or tree mortality due to a natural disaster, as determined by the
Secretary, in excess of 15 percent damage or mortality (adjusted for normal
tree damage and mortality).
(4)
Limitations on
assistance
(A)
Definitions of legal
entity and person
In this paragraph, the terms legal
entity and person have the meaning given those terms in
section 1001(a) of the Food Security Act of 1985 (7 U.S.C. 1308(a)).
(B)
Amount
The
total amount of payments received, directly or indirectly, by a person or legal
entity (excluding a joint venture or general partnership) under this subsection
may not exceed $125,000 for any crop year, or an equivalent value in tree
seedlings.
(C)
Acres
The
total quantity of acres planted to trees or tree seedlings for which a person
or legal entity shall be entitled to receive payments under this subsection may
not exceed 500 acres.
(f)
Payment
limitations
(1)
Definitions of legal
entity and person
In this subsection, the terms legal
entity and person have the meaning given those terms in
section 1001(a) of the Food Security Act of 1985 (7 U.S.C. 1308(a)).
(2)
Amount
The
total amount of disaster assistance payments received, directly or indirectly,
by a person or legal entity (excluding a joint venture or general partnership)
under this section (excluding payments received under subsection (e)) may not
exceed $125,000 for any crop year.
(3)
Direct
attribution
Subsections (e) and (f) of section 1001 of the Food
Security Act of 1985 (7 U.S.C. 1308) or any successor provisions relating to
direct attribution shall apply with respect to assistance provided under this
section.
F
Administration
1601.
Administration
generally
(a)
Use of Commodity Credit
Corporation
The Secretary of Agriculture shall use the funds,
facilities, and authorities of the Commodity Credit Corporation to carry out
this title.
(b)
Determinations by
Secretary
A determination made by the Secretary under this title
shall be final and conclusive.
(c)
Regulations
(1)
In
general
Except as otherwise provided in this subsection, not
later than 90 days after the date of enactment of this Act, the Secretary and
the Commodity Credit Corporation, as appropriate, shall promulgate such
regulations as are necessary to implement this title and the amendments made by
this title.
(2)
Procedure
The
promulgation of the regulations and administration of this title and the
amendments made by this title and sections 11003 and 11016 of this Act shall be
made without regard to—
(A) the notice and comment
provisions of section 553 of title 5, United States Code;
(B) chapter 35 of title 44,
United States Code (commonly known as the Paperwork Reduction
Act); and
(C) the Statement of Policy
of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804),
relating to notices of proposed rulemaking and public participation in
rulemaking.
(3)
Congressional review of
agency rulemaking
In carrying out this subsection, the Secretary
shall use the authority provided under section 808 of title 5, United States
Code.
(d)
Adjustment Authority
Related to Trade Agreements Compliance
(1)
Required determination;
adjustment
If the Secretary determines that expenditures under
this title that are subject to the total allowable domestic support levels
under the Uruguay Round Agreements (as defined in section 2 of the Uruguay
Round Agreements Act (19 U.S.C. 3501)) will exceed the allowable levels for any
applicable reporting period, the Secretary shall, to the maximum extent
practicable, make adjustments in the amount of the expenditures during that
period to ensure that the expenditures do not exceed the allowable
levels.
(2)
Congressional
notification
Before making any adjustment under paragraph (1),
the Secretary shall submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and Forestry of
the Senate a report describing the determination made under that paragraph and
the extent of the adjustment to be made.
1602.
Suspension of
permanent price support authority
(a)
Agricultural Adjustment
Act of 1938
The following provisions of the Agricultural
Adjustment Act of 1938 shall not be applicable to the 2014 through 2018 crops
of covered commodities (as defined in section 1104), cotton, and sugar and
shall not be applicable to milk during the period beginning on the date of
enactment of this Act through December 31, 2018:
(1) Parts II through V of
subtitle B of title III (7 U.S.C. 1326 et seq.).
(2) In the case of upland
cotton, section 377 (7 U.S.C. 1377).
(3) Subtitle D of title III
(7 U.S.C. 1379a et seq.).
(4) Title IV (7 U.S.C. 1401
et seq.).
(b)
Agricultural Act of
1949
The following provisions of the Agricultural Act of 1949
shall not be applicable to the 2013 through 2018 crops of covered commodities
(as defined in section 1104), cotton, and sugar and shall not be applicable to
milk during the period beginning on the date of enactment of this Act and
through December 31, 2018:
(1) Section 101 (7 U.S.C.
1441).
(2) Section 103(a) (7 U.S.C.
1444(a)).
(3) Section 105 (7 U.S.C.
1444b).
(4) Section 107 (7 U.S.C.
1445a).
(5) Section 110 (7 U.S.C.
1445e).
(6) Section 112 (7 U.S.C.
1445g).
(7) Section 115 (7 U.S.C.
1445k).
(8) Section 201 (7 U.S.C.
1446).
(9) Title III (7 U.S.C. 1447
et seq.).
(10) Title IV (7 U.S.C. 1421
et seq.), other than sections 404, 412, and 416 (7 U.S.C. 1424, 1429, and
1431).
(11) Title V (7 U.S.C. 1461
et seq.).
(12) Title VI (7 U.S.C. 1471
et seq.).
(c)
Suspension of certain
quota provisions
The joint resolution entitled A joint
resolution relating to corn and wheat marketing quotas under the Agricultural
Adjustment Act of 1938, as amended, approved May 26, 1941 (7 U.S.C.
1330, 1340), shall not be applicable to the crops of wheat planted for harvest
in the calendar years 2014 through 2018.
1603.
Payment
limitations
(a)
In
general
Section 1001 of the Food Security Act of 1985 (7 U.S.C.
1308) is amended by striking subsections (b) and (c) and inserting the
following:
(b)
Limitation on payments
for covered commodities (other than peanuts)
(1)
In
general
The total amount of
payments received, directly or indirectly, by a person or legal entity (except
a joint venture or general partnership) for any crop year under section 1101(c)
of the Federal Agriculture Reform and Risk
Management Act of 2013 and subsections (b) and (c) of section
1107 of such Act (other than peanuts) may not exceed $125,000.
(2)
Additional limitation
on payments related to upland cotton
The total amount of direct payments
received, directly or indirectly, by a person or legal entity (except a joint
venture or a general partnership) for each of the 2014 and 2015 crop years
under section 1101(c) of the Federal
Agriculture Reform and Risk Management Act of 2013 may not exceed
$40,000.
(c)
Limitation on payments
for peanuts
The total amount of payments received, directly or
indirectly, by a person or legal entity (except a joint venture or general
partnership) for any crop year under subtitle A of title I of the
Federal Agriculture Reform and Risk
Management Act of 2013 for peanuts may not exceed
$125,000.
.
(b)
Conforming
amendments
(1) Section 1001(f) of the
Food Security Act of 1985 (7 U.S.C. 1308(f)) is amended by striking or
title XII each place it appears in paragraphs (5)(A) and (6)(A) and
inserting , title I of the Federal
Agriculture Reform and Risk Management Act of 2013, or title
XII.
(2) Section 1001C(a) of the
Food Security Act of 1985 (7 U.S.C. 1308–3(a)) is amended by inserting
title I of the Federal Agriculture
Reform and Risk Management Act of 2013, after
2008,.
(c)
Application
The
amendments made by this section shall apply beginning with the 2014 crop
year.
1604.
Adjusted gross income
limitation
(a)
Limitations and covered
benefits
Section 1001D(b) of
the Food Security Act of 1985 (7 U.S.C. 1308–3a(b)) is amended—
(1) in the subsection
heading, by striking Limitations and inserting
Limitations on Commodity
and Conservation Programs;
(2) by striking paragraphs
(1) and (2) and inserting the following new paragraphs:
(1)
Limitation
Notwithstanding any other provision of law,
a person or legal entity shall not be eligible to receive any benefit described
in paragraph (2) during a crop, fiscal, or program year, as appropriate, if the
average adjusted gross income of the person or legal entity exceeds
$950,000.
(2)
Covered
benefits
Paragraph (1)
applies with respect to a payment or benefit under subtitle A, B, or E of title
I, or title II of the Federal Agriculture
Reform and Risk Management Act of 2013, title II of the Farm
Security and Rural Investment Act of 2002, title II of the Food, Conservation,
and Energy Act of 2008, title XII of the Food Security Act of 1985, section
524(b) of the Federal Crop Insurance Act (7 U.S.C. 1524(b)), or section 196 of
the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
7333).
.
(b)
Elimination of unused
definitions
Paragraph (1) of
section 1001D(a) of the Food Security Act of 1985 (7 U.S.C. 1308–3a(a)) is
amended to read as follows:
(1)
Average adjusted gross
income
In this section, the
term average adjusted gross income, with respect to a person or
legal entity, means the average of the adjusted gross income or comparable
measure of the person or legal entity over the 3 taxable years preceding the
most immediately preceding complete taxable year, as determined by the
Secretary.
.
(c)
Income
determination
Section 1001D of the Food Security Act of 1985 (7
U.S.C. 1308–3a) is amended—
(1) by striking subsection
(c); and
(2) by redesignating
subsections (d), (e), and (f) as subsections (c), (d), and (e),
respectively.
(d)
Conforming
amendments
Section 1001D of
the Food Security Act of 1985 (7 U.S.C. 1308–3a) is amended—
(1) in subsection
(a)(2)—
(A) by striking
subparagraph (A) or (B) of; and
(B) by striking , the
average adjusted gross farm income, and the average adjusted gross nonfarm
income;
(2) in subsection (a)(3), by striking ,
average adjusted gross farm income, and average adjusted gross nonfarm
income both places it appears;
(3) in subsection (c) (as
redesignated by subsection (c)(2) of this section)—
(A) in paragraph (1), by striking ,
average adjusted gross farm income, and average adjusted gross nonfarm
income both places it appears; and
(B) in paragraph (2), by
striking paragraphs (1)(C) and (2)(B) of subsection (b) and
inserting subsection (b)(2); and
(4) in subsection (d) (as
redesignated by subsection (c)(2) of this section)—
(A) by striking paragraphs (1)(C) and
(2)(B) of subsection (b) and inserting subsection
(b)(2); and
(B) by striking , average adjusted gross
farm income, or average adjusted gross nonfarm income.
(e)
Effective
period
Subsection (e) of
section 1001D of the Food Security Act of 1985 (7 U.S.C. 1308–3a), as
redesignated by subsection (c)(2) of this section, is amended by striking
2009 through 2012 and inserting 2014 through
2018.
(f)
Limitation on
applicability
Section 1001(d)
of the Food Security Act of 1985 (7 U.S.C. 1308) is amended by inserting before
the period at the end the following: or title I of the
Federal Agriculture Reform and Risk
Management Act of 2013.
(g)
Transition
Section 1001D of the Food Security Act of
1985 (7 U.S.C. 1308-3a), as in effect on the day before the date of the
enactment of this Act, shall apply with respect to the 2013 crop, fiscal, or
program year, as appropriate, for each program described in paragraphs (1)(C)
and (2)(B) of subsection (b) of that section (as so in effect on that
day).
1605.
Geographically
disadvantaged farmers and ranchers
Section 1621(d) of the Food, Conservation,
and Energy Act of 2008 (7 U.S.C. 8792(d)) is amended by striking
2012 and inserting 2018.
1606.
Personal liability of
producers for deficiencies
Section 164 of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7284) is amended by striking
and title I of the Food, Conservation, and Energy Act of 2008
each place it appears and inserting title I of the Food, Conservation,
and Energy Act of 2008 (7 U.S.C. 8702 et seq.), and title I of the
Federal Agriculture Reform and Risk
Management Act of 2013.
1607.
Prevention of
deceased individuals receiving payments under farm commodity programs
(a)
Reconciliation
At
least twice each year, the Secretary shall reconcile social security numbers of
all individuals who receive payments under this title, whether directly or
indirectly, with the Commissioner of Social Security to determined if the
individuals are alive.
(b)
Preclusion
The
Secretary shall preclude the issuance of payments to, and on behalf of,
deceased individuals that were not eligible for payments.
1608.
Technical
corrections
(a)
Missing
punctuation
Section 359f(c)(1)(B) of the Agricultural Adjustment
Act of 1938 (7 U.S.C. 1359ff(c)(1)(B)) is amended by adding a period at the
end.
(b)
Erroneous cross
reference
(1)
Amendment
Section 1603(g) of the Food, Conservation,
and Energy Act of 2008 (Public Law 110–246; 122 Stat. 1739) is amended in
paragraphs (2) through (6) and the amendments made by those paragraphs by
striking 1703(a) each place it appears and inserting
1603(a).
(2)
Effective
date
This subsection and the amendments made by this subsection
take effect as if included in the Food, Conservation, and Energy Act of 2008
(Public Law 110–246; 122 Stat. 1651).
(c)
Continued applicability
of appropriations general provision
Section 767 of division A of
Public Law 108–7 (7 U.S.C. 7911 note; 117 Stat. 48) is amended—
(1) in subsection (a)—
(A) by striking
sections 1101 and 1102 of Public Law 107–171 and inserting
subtitle A of title I of the Federal
Agriculture Reform and Risk Management Act of 2013;
and
(B) by striking such
section 1102 and inserting such subtitle; and
(2) by striking subsection
(b) and inserting the following new subsection:
(b) This section, as amended by section 1608(c)
of the Federal Agriculture Reform and Risk
Management Act of 2013, shall take effect beginning with the 2014
crop
year.
.
1609.
Assignment of
payments
(a)
In
general
The provisions of section 8(g) of the Soil Conservation
and Domestic Allotment Act (16 U.S.C. 590h(g)), relating to assignment of
payments, shall apply to payments made under this title.
(b)
Notice
The
producer making the assignment, or the assignee, shall provide the Secretary
with notice, in such manner as the Secretary may require, of any assignment
made under this section.
1610.
Tracking of
benefits
As soon as
practicable after the date of enactment of this Act, the Secretary may track
the benefits provided, directly or indirectly, to individuals and entities
under titles I and II and the amendments made by those titles.
1611.
Signature
authority
(a)
In
general
In carrying out this title and title II and amendments
made by those titles, if the Secretary approves a document, the Secretary shall
not subsequently determine the document is inadequate or invalid because of the
lack of authority of any person signing the document on behalf of the applicant
or any other individual, entity, general partnership, or joint venture, or the
documents relied upon were determined inadequate or invalid, unless the person
signing the program document knowingly and willfully falsified the evidence of
signature authority or a signature.
(b)
Affirmation
(1)
In
general
Nothing in this section prohibits the Secretary from
asking a proper party to affirm any document that otherwise would be considered
approved under subsection (a).
(2)
No retroactive
effect
A denial of benefits based on a lack of affirmation under
paragraph (1) shall not be retroactive with respect to third-party producers
who were not the subject of the erroneous representation of authority, if the
third-party producers—
(A) relied on the prior
approval by the Secretary of the documents in good faith; and
(B) substantively complied
with all program requirements.
1612.
Implementation
(a)
Streamlining
In
implementing this title, the Secretary shall, to the maximum extent
practicable—
(1) seek to reduce
administrative burdens and costs to producers by streamlining and reducing
paperwork, forms, and other administrative requirements;
(2) improve coordination,
information sharing, and administrative work with the Risk Management Agency
and the Natural Resources Conservation Service; and
(3) take advantage of new
technologies to enhance efficiency and effectiveness of program delivery to
producers.
(b)
Maintenance of base
acres and payment yields
(1)
In
general
The Secretary shall maintain through September 30, 2018,
for each covered commodity and upland cotton, base acres and payment yields on
a farm established under—
(A)
(i) in the case of covered
commodities and upland cotton, sections 1101 and 1102 of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 7911, 7912); and
(ii) in the case of peanuts,
section 1302 of that Act (7 U.S.C. 7952); and
(B)
(i) in the case of covered commodities and
upland cotton, sections 1101 and 1102 of the Food, Conservation, and Energy Act
of 2008 (7 U.S.C. 8711, 8712); and
(ii) in the case of peanuts,
section 1302 of that Act (7 U.S.C. 8752).
(2)
Special rule for long
grain and medium grain rice
(A)
In
general
The Secretary shall maintain separate base acres for long
grain rice and medium grain rice.
(B)
Limitation
In
carrying out this paragraph, the Secretary shall use the same total base acres
and payment yields established with respect to rice under sections 1108 of the
Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8718), as in effect on the
day before the date of enactment of this Act, subject to any adjustment under
section 1105.
(c)
Implementation
The
Secretary shall make available to the Farm Service Agency to carry out this
title $100,000,000.
1613.
Protection of
producer information
(a)
Prohibition of public
disclosure of protected information
Except as provided in subsection (b), the
Secretary, any officer or employee of the Department of Agriculture, any
contractor or cooperator of the Department, and any officer or employee of
another Federal agency shall not disclose—
(1) information submitted by
a producer or owner of agricultural land to the Federal Government pursuant to
title I or II of this Act; or
(2) other information
provided by a producer or owner of agricultural land concerning the
agricultural operation, farming or conservation practices, or the land itself
in order to participate in programs of the Department of Agriculture or other
Federal agencies.
(b)
Exceptions
Information
described in subsection (a) may be disclosed if—
(1) the information is
required to be made publicly available under any other provision of Federal
law;
(2) the producer or owner of agricultural land
who provided the information has lawfully publicly disclosed the information;
(3) the producer or owner of agricultural land
who provided the information consents to the disclosure; or
(4) the information is disclosed to the
Attorney General, to the extent necessary, to ensure compliance and law
enforcement.
(c)
Notice of
disclosure
Any disclosure of information pursuant to an exception
provided in subsection (b) shall be reported to the Committee on Agriculture of
the House of Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate within 24 hours after the disclosure.
(d)
Producer
defined
In this section, the
term producer has the meaning given that term in section
1104(14) of this Act.
II
Conservation
A
Conservation Reserve
Program
2001.
Extension and
enrollment requirements of conservation reserve program
(a)
Extension
Section 1231(a) of the Food Security Act of
1985 (16 U.S.C. 3831(a)) is amended by striking 2012 and
inserting 2018.
(b)
Eligible
land
Section 1231(b) of the
Food Security Act of 1985 (16 U.S.C. 3831(b)) is amended—
(1) in paragraph (1)(B), by
striking the date of enactment of the Food, Conservation, and Energy Act
of 2008 and inserting the date of the enactment of the Federal
Agriculture Reform and Risk Management Act of 2013;
(2) by striking paragraph (2)
and redesignating paragraph (3) as paragraph (2);
(3) by inserting before
paragraph (4) the following new paragraph:
(3) grasslands that—
(A) contain forbs or
shrubland (including improved rangeland and pastureland) for which grazing is
the predominant use;
(B) are located in an area
historically dominated by grasslands; and
(C) could provide habitat for
animal and plant populations of significant ecological value if the land is
retained in its current use or restored to a natural
condition;
;
(4) in paragraph (4)(C), by
striking filterstrips devoted to trees or shrubs and inserting
filterstrips or riparian buffers devoted to trees, shrubs, or
grasses; and
(5) by striking paragraph (5)
and inserting the following new paragraph:
(5) the portion of land in a field not enrolled
in the conservation reserve in a case in which—
(A) more than 50 percent of
the land in the field is enrolled as a buffer or filterstrip, or more than 75
percent of the land in the field is enrolled as a conservation practice other
than as a buffer or filterstrip; and
(B) the remainder of the
field is—
(i) infeasible to farm;
and
(ii) enrolled at regular
rental
rates.
.
(c)
Planting Status of
Certain Land
Section 1231(c)
of the Food Security Act of 1985 (16 U.S.C. 3831(c)) is amended by striking
if and all that follows through the period at the end and
inserting if, during the crop year, the land was devoted to a conserving
use..
(d)
Enrollment
Subsection (d) of section 1231 of the Food
Security Act of 1985 (16 U.S.C. 3831) is amended to read as follows:
(d)
Enrollment
(1)
Maximum acreage
enrolled
The Secretary may
maintain in the conservation reserve at any one time during—
(A) fiscal year 2014, no more than 27,500,000
acres;
(B) fiscal year 2015, no more than 26,000,000
acres;
(C) fiscal year 2016, no more
than 25,000,000 acres;
(D) fiscal year 2017, no more
than 24,000,000 acres; and
(E) fiscal year 2018, no more
than 24,000,000 acres.
(2)
Grasslands
(A)
Limitation
For purposes of applying the limitations in
paragraph (1), no more than 2,000,000 acres of the land described in subsection
(b)(3) may be enrolled in the program at any one time during the 2014 through
2018 fiscal years.
(B)
Priority
In
enrolling acres under subparagraph (A), the Secretary may give priority to land
with expiring conservation reserve program contracts.
(C)
Method of
enrollment
In enrolling acres
under subparagraph (A), the Secretary shall make the program available to
owners or operators of eligible land on a continuous enrollment basis with one
or more ranking
periods.
.
(e)
Duration of
contract
Section 1231(e) of
the Food Security Act of 1985 (16 U.S.C. 3831(e)) is amended by striking
paragraphs (2) and (3) and inserting the following new paragraph:
(2)
Special rule for
certain land
In the case of
land devoted to hardwood trees, shelterbelts, windbreaks, or wildlife corridors
under a contract entered into under this subchapter, the owner or operator of
the land may, within the limitations prescribed under paragraph (1), specify
the duration of the
contract.
.
(f)
Conservation priority
areas
Section 1231(f) of the
Food Security Act of 1985 (16 U.S.C. 3831(f)) is amended—
(1) in paragraph (1), by
striking watershed areas of the Chesapeake Bay Region, the Great Lakes
Region, the Long Island Sound Region, and other;
(2) in paragraph (2), by
striking watersheds.—Watersheds and inserting
areas.—Areas; and
(3) in paragraph (3), by
striking a watershed’s designation— and all that follows through
the period at the end and inserting an area’s designation if the
Secretary finds that the area no longer contains actual and significant adverse
water quality or habitat impacts related to agricultural production
activities..
2002.
Farmable wetland
program
(a)
Extension
Section 1231B(a)(1) of the Food Security
Act of 1985 (16 U.S.C. 3831b(a)(1)) is amended—
(1) by striking
2012 and inserting 2018; and
(2) by striking a
program and inserting a farmable wetland program.
(b)
Eligible
acreage
Section 1231B(b)(1)(B) of the Food Security Act of 1985
(16 U.S.C. 3831b(b)(1)(B)) is amended by striking flow from a row crop
agriculture drainage system and inserting surface and subsurface
flow from row crop agricultural production.
(c)
Acreage
limitation
Section
1231B(c)(1)(B) of the Food Security Act of 1985 (16 U.S.C. 3831b(c)(1)(B)) is
amended by striking 1,000,000 and inserting
750,000.
(d)
Clerical
amendment
The heading of section 1231B of the Food Security Act
of 1985 (16 U.S.C. 3831b) is amended to read as follows: Farmable wetland
program.
2003.
Duties of owners and
operators
(a)
Limitation on
harvesting, grazing, or commercial use of forage
Section 1232(a)(8) of the Food Security Act
of 1985 (16 U.S.C. 3832(a)(8)) is amended by striking except
that and all that follows through the semicolon at the end of the
paragraph and inserting except as provided in subsection (b) or (c) of
section 1233;.
(b)
Conservation plan
requirements
Subsection (b)
of section 1232 of the Food Security Act of 1985 (16 U.S.C. 3832) is amended to
read as follows:
(b)
Conservation
plans
The plan referred to in
subsection (a)(1) shall set forth—
(1) the conservation measures
and practices to be carried out by the owner or operator during the term of the
contract; and
(2) the commercial use, if
any, to be permitted on the land during the
term.
.
(c)
Rental payment
reduction
Section 1232 of the
Food Security Act of 1985 (16 U.S.C. 3832) is amended by striking subsection
(d).
2004.
Duties of the
Secretary
Section 1233 of the
Food Security Act of 1985 (16 U.S.C. 3833) is amended to read as
follows:
1233.
Duties of the
Secretary
(a)
Cost-share and rental
payments
In return for a
contract entered into by an owner or operator under the conservation reserve
program, the Secretary shall—
(1) share the cost of
carrying out the conservation measures and practices set forth in the contract
for which the Secretary determines that cost sharing is appropriate and in the
public interest; and
(2) for a period of years not
in excess of the term of the contract, pay an annual rental payment in an
amount necessary to compensate for—
(A) the conversion of highly
erodible cropland or other eligible lands normally devoted to the production of
an agricultural commodity on a farm or ranch to a less intensive use;
(B) the retirement of any base history that the
owner or operator agrees to retire permanently; and
(C) the development and
management of grasslands for multiple natural resource conservation benefits,
including to soil, water, air, and wildlife.
(b)
Specified activities
permitted
The Secretary shall
permit certain activities or commercial uses of land that is subject to a
contract under the conservation reserve program in a manner that is consistent
with a plan approved by the Secretary, as follows:
(1) Harvesting, grazing, or
other commercial use of the forage in response to a drought or other emergency
created by a natural disaster, without any reduction in the rental rate.
(2) Consistent with the conservation of soil,
water quality, and wildlife habitat (including habitat during nesting seasons
for birds in the area), and in exchange for a reduction of not less than 25
percent in the annual rental rate for the acres covered by the authorized
activity—
(A) managed harvesting and
other commercial use (including the managed harvesting of biomass), except that
in permitting managed harvesting, the Secretary, in coordination with the State
technical committee—
(i) shall develop appropriate
vegetation management requirements; and
(ii) shall identify periods
during which managed harvesting may be conducted, such that the frequency is
not more than once every three years;
(B) routine grazing or
prescribed grazing for the control of invasive species, except that in
permitting such routine grazing or prescribed grazing, the Secretary, in
coordination with the State technical committee—
(i) shall develop appropriate
vegetation management requirements and stocking rates for the land that are
suitable for continued routine grazing; and
(ii) shall identify the
periods during which routine grazing may be conducted, such that the frequency
is not more than once every two years, taking into consideration regional
differences such as—
(I) climate, soil type, and
natural resources;
(II) the number of years that
should be required between routine grazing activities; and
(III) how often during a year
in which routine grazing is permitted that routine grazing should be allowed to
occur; and
(C) the installation of wind
turbines and associated access, except that in permitting the installation of
wind turbines, the Secretary shall determine the number and location of wind
turbines that may be installed, taking into account—
(i) the location, size, and
other physical characteristics of the land;
(ii) the extent to which the
land contains wildlife and wildlife habitat; and
(iii) the purposes of the
conservation reserve program under this subchapter.
(3) The intermittent and
seasonal use of vegetative buffer practices incidental to agricultural
production on lands adjacent to the buffer such that the permitted use does not
destroy the permanent vegetative cover.
(c)
Authorized activities
on grasslands
For eligible
land described in section 1231(b)(3), the Secretary shall permit the following
activities:
(1) Common grazing practices,
including maintenance and necessary cultural practices, on the land in a manner
that is consistent with maintaining the viability of grassland, forb, and shrub
species appropriate to that locality.
(2) Haying, mowing, or
harvesting for seed production, subject to appropriate restrictions during the
nesting season for critical bird species in the area.
(3) Fire presuppression,
fire-related rehabilitation, and construction of fire breaks.
(4) Grazing-related
activities, such as fencing and livestock watering.
(d)
Resource conserving
use
(1)
In
general
Beginning on the date
that is 1 year before the date of termination of a contract under the program,
the Secretary shall allow an owner or operator to make conservation and land
improvements that facilitate maintaining protection of enrolled land after
expiration of the contract.
(2)
Conservation
plan
The Secretary shall require an owner or operator carrying
out the activities described in paragraph (1) to develop and implement a
conservation plan.
(3)
Re-enrollment
prohibited
Land improved under paragraph (1) may not be
re-enrolled in the conservation reserve program for 5 years after the date of
termination of the
contract.
.
2005.
Payments
(a)
Trees, windbreaks,
shelterbelts, and wildlife corridors
Section 1234(b)(3)(A) of the Food Security
Act of 1985 (16 U.S.C. 3834(b)(3)(A)) is amended—
(1) in clause (i), by
inserting and after the semicolon;
(2) by striking clause (ii);
and
(3) by redesignating clause
(iii) as clause (ii).
(b)
Annual rental
payments
Section 1234(c) of
the Food Security Act of 1985 (16 U.S.C. 3834(c)) is amended—
(1) in paragraph (1), by
inserting or other eligible lands after highly erodible
cropland both places it appears; and
(2) by striking paragraph (2)
and inserting the following new paragraph:
(2)
Methods of
Determination
(A)
In
general
The amounts payable
to owners or operators in the form of rental payments under contracts entered
into under this subchapter may be determined through—
(i) the submission of bids
for such contracts by owners and operators in such manner as the Secretary may
prescribe; or
(ii) such other means as the
Secretary determines are appropriate.
(B)
Grasslands
In
the case of eligible land described in section 1231(b)(3), the Secretary shall
make annual payments in an amount that is not more than 75 percent of the
grazing value of the land covered by the
contract.
.
(c)
Payment
schedule
Subsection (d) of
section 1234 of the Food Security Act of 1985 (16 U.S.C. 3834) is amended to
read as follows:
(d)
Payment
schedule
(1)
In
general
Except as otherwise
provided in this section, payments under this subchapter shall be made in cash
in such amount and on such time schedule as is agreed on and specified in the
contract.
(2)
Advance
payment
Payments under this
subchapter may be made in advance of determination of
performance.
.
(d)
Payment
limitation
Section 1234(f) of
the Food Security Act of 1985 (16 U.S.C. 3834(f)) is amended—
(1) in paragraph (1), by
striking , including rental payments made in the form of in-kind
commodities,;
(2) by striking paragraph
(3); and
(3) by redesignating
paragraph (4) as paragraph (2).
2006.
Contract
requirements
(a)
Early termination by
owner or operator
Section
1235(e) of the Food Security Act of 1985 (16 U.S.C. 3835(e)) is amended—
(1) in paragraph
(1)(A)—
(A) by striking The
Secretary and inserting During fiscal year 2014, the
Secretary; and
(B) by striking before
January 1, 1995,;
(2) in paragraph (2), by
striking subparagraph (C) and inserting the following:
(C) Land devoted to hardwood
trees.
(D) Wildlife habitat, duck
nesting habitat, pollinator habitat, upland bird habitat buffer, wildlife food
plots, State acres for wildlife enhancement, shallow water areas for wildlife,
and rare and declining habitat.
(E) Farmable wetland and
restored wetland.
(F) Land that contains
diversions, erosion control structures, flood control structures, contour grass
strips, living snow fences, salinity reducing vegetation, cross wind trap
strips, and sediment retention structures.
(G) Land located within a
federally-designated wellhead protection area.
(H) Land that is covered by
an easement under the conservation reserve program.
(I) Land located within an average width,
according to the applicable Natural Resources Conservation Service field office
technical guide, of a perennial stream or permanent water
body.
;
and
(3) in paragraph (3), by striking 60
days after the date on which the owner or operator submits the notice required
under paragraph (1)(C) and inserting upon approval by the
Secretary.
(b)
Transition option for
certain farmers or ranchers
Section 1235(f) of the Food Security Act of
1985 (16 U.S.C. 3835(f)) is amended—
(1) in paragraph (1)—
(A) in the matter preceding
subparagraph (A), by striking Duties and all that follows through
a beginning farmer and inserting Transition to covered farmer or
rancher.—In the case of a contract modification approved in
order to facilitate the transfer of land subject to a contract from a retired
farmer or rancher to a beginning farmer;
(B) in subparagraph (A)(i),
by inserting , including preparing to plant an agricultural crop
after improvements;
(C) in subparagraph (D), by
striking the farmer or rancher and inserting the covered
farmer or rancher; and
(D) in subparagraph (E), by
striking section 1001A(b)(3)(B) and inserting section
1001; and
(2) in paragraph (2), by
striking requirement of section 1231(h)(4)(B) and inserting
option pursuant to section 1234(c)(2)(A)(ii).
(c)
Final year
contract
Section 1235 of the Food Security Act of 1985 (16 U.S.C.
3835) is amended by adding at the end the following new subsections:
(g)
Final year of
contract
The Secretary shall not consider an owner or operator to
be in violation of a term or condition of the conservation reserve contract
if—
(1) during the year prior to
expiration of the contract, the land is enrolled in the conservation
stewardship program; and
(2) the activity required
under the conservation stewardship program pursuant to such enrollment is
consistent with this subchapter.
(h)
Land enrolled in
agricultural conservation easement program
The Secretary may
terminate or modify a contract entered into under this subchapter if eligible
land that is subject to such contract is transferred into the agricultural
conservation easement program under subtitle
H.
.
2007.
Conversion of land
subject to contract to other conserving uses
Section 1235A of the Food Security Act of
1985 (16 U.S.C. 3835a) is repealed.
2008.
Effective
date
(a)
In
general
The amendments made
by this subtitle shall take effect on October 1, 2013, except the amendment
made by section 2001(d), which shall take effect on the date of the enactment
of this Act.
(b)
Effect on existing
contracts
(1)
In
general
Except as provided in
paragraph (2), the amendments made by this subtitle shall not affect the
validity or terms of any contract entered into by the Secretary of Agriculture
under subchapter B of chapter 1 of subtitle D of title XII of the Food Security
Act of 1985 (16 U.S.C. 3831 et seq.) before October 1, 2013, or any payments
required to be made in connection with the contract.
(2)
Updating of existing
contracts
The Secretary shall
permit an owner or operator of land subject to a contract entered into under
subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act
of 1985 (16 U.S.C. 3831 et seq.) before October 1, 2013, to update the contract
to reflect the activities and uses of land under contract permitted under the
terms and conditions of section 1233(b) of that Act (as amended by section
2004), as determined appropriate by the Secretary.
B
Conservation Stewardship
Program
2101.
Conservation
stewardship program
(a)
Revision of current
program
Subchapter B of
chapter 2 of subtitle D of title XII of the Food Security Act of 1985 (16
U.S.C. 3838d et seq.) is amended to read as follows:
B
Conservation stewardship
program
1238D.
Definitions
In this subchapter:
(1)
Agricultural
operation
The term
agricultural operation means all eligible land, whether or not
contiguous, that is—
(A) under the effective
control of a producer at the time the producer enters into a contract under the
program; and
(B) operated with equipment,
labor, management, and production or cultivation practices that are
substantially separate from other agricultural operations, as determined by the
Secretary.
(2)
Conservation
activities
(A)
In
general
The term conservation activities means
conservation systems, practices, or management measures.
(B)
Inclusions
The
term conservation activities includes—
(i) structural measures,
vegetative measures, and land management measures, including agriculture
drainage management systems, as determined by the Secretary; and
(ii) planning needed to
address a priority resource concern.
(3)
Conservation
stewardship plan
The term conservation stewardship
plan means a plan that—
(A) identifies and
inventories priority resource concerns;
(B) establishes benchmark
data and conservation objectives;
(C) describes conservation
activities to be implemented, managed, or improved; and
(D) includes a schedule and
evaluation plan for the planning, installation, and management of the new and
existing conservation activities.
(4)
Eligible land
(A)
In
general
The term eligible land means—
(i) private or tribal land on
which agricultural commodities, livestock, or forest-related products are
produced; and
(ii) lands associated with
the land described in clause (i) on which priority resource concerns could be
addressed through a contract under the program.
(B)
Inclusions
The
term eligible land includes—
(i) cropland;
(ii) grassland;
(iii) rangeland;
(iv) pasture land;
(v) nonindustrial private
forest land; and
(vi) other agricultural areas
(including cropped woodland, marshes, and agricultural land used or capable of
being used for the production of livestock), as determined by the
Secretary.
(5)
Priority resource
concern
The term priority resource concern means a
natural resource concern or problem, as determined by the Secretary,
that—
(A) is identified at the
national, State, or local level as a priority for a particular area of a
State;
(B) represents a significant
concern in a State or region; and
(C) is likely to be addressed
successfully through the implementation of conservation activities under this
program.
(6)
Program
The
term program means the conservation stewardship program
established by this subchapter.
(7)
Stewardship
threshold
The term stewardship threshold means the
level of management required, as determined by the Secretary, to conserve and
improve the quality and condition of a natural resource.
1238E.
Conservation
stewardship program
(a)
Establishment and
purpose
During each of fiscal years 2014 through 2018, the
Secretary shall carry out a conservation stewardship program to encourage
producers to address priority resource concerns in a comprehensive
manner—
(1) by undertaking additional
conservation activities; and
(2) by improving,
maintaining, and managing existing conservation activities.
(b)
Exclusions
(1)
Land enrolled in other
conservation programs
Subject to paragraph (2), the following
land (even if covered by the definition of eligible land) is not eligible for
enrollment in the program:
(A) Land enrolled in the
conservation reserve program, unless—
(i) the conservation reserve contract will
expire at the end of the fiscal year in which the land is to be enrolled in the
program; and
(ii) conservation reserve program payments for
land enrolled in the program cease before the first program payment is made to
the applicant under this subchapter.
(B) Land enrolled in a
wetland easement through the agricultural conservation easement program.
(C) Land enrolled in the
conservation security program.
(2)
Conversion to
cropland
Eligible land used for crop production after October 1,
2013, that had not been planted, considered to be planted, or devoted to crop
production for at least 4 of the 6 years preceding that date shall not be the
basis for any payment under the program, unless the land does not meet the
requirement because—
(A) the land had previously
been enrolled in the conservation reserve program;
(B) the land has been
maintained using long-term crop rotation practices, as determined by the
Secretary; or
(C) the land is incidental
land needed for efficient operation of the farm or ranch, as determined by the
Secretary.
1238F.
Stewardship
contracts
(a)
Submission of contract
offers
To be eligible to participate in the conservation
stewardship program, a producer shall submit to the Secretary a contract offer
for the agricultural operation that—
(1) demonstrates to the
satisfaction of the Secretary that the producer, at the time of the contract
offer, meets or exceeds the stewardship threshold for at least 2 priority
resource concerns; and
(2) would, at a minimum, meet
or exceed the stewardship threshold for at least 1 additional priority resource
concern by the end of the stewardship contract by—
(A) installing and adopting
additional conservation activities; and
(B) improving, maintaining, and managing
existing conservation activities across the entire agricultural operation in a
manner that increases or extends the conservation benefits in place at the time
the contract offer is accepted by the Secretary.
(b)
Evaluation of contract
offers
(1)
Ranking of
applications
In evaluating contract offers submitted under
subsection (a), the Secretary shall rank applications based on—
(A) the level of conservation
treatment on all applicable priority resource concerns at the time of
application;
(B) the degree to which the
proposed conservation activities effectively increase conservation
performance;
(C) the number of applicable
priority resource concerns proposed to be treated to meet or exceed the
stewardship threshold by the end of the contract;
(D) the extent to which other
priority resource concerns will be addressed to meet or exceed the stewardship
threshold by the end of the contract period;
(E) the extent to which the
actual and anticipated conservation benefits from the contract are provided at
the least cost relative to other similarly beneficial contract offers;
and
(F) the extent to which
priority resource concerns will be addressed when transitioning from the
conservation reserve program to agricultural production.
(2)
Prohibition
The
Secretary may not assign a higher priority to any application because the
applicant is willing to accept a lower payment than the applicant would
otherwise be eligible to receive.
(3)
Additional
criteria
The Secretary may develop and use such additional
criteria that the Secretary determines are necessary to ensure that national,
State, and local priority resource concerns are effectively addressed.
(c)
Entering into
contracts
After a determination that a producer is eligible for
the program under subsection (a), and a determination that the contract offer
ranks sufficiently high under the evaluation criteria under subsection (b), the
Secretary shall enter into a conservation stewardship contract with the
producer to enroll the eligible land to be covered by the contract.
(d)
Contract
provisions
(1)
Term
A
conservation stewardship contract shall be for a term of 5 years.
(2)
Required
provisions
The conservation stewardship contract of a producer
shall—
(A) state the amount of the
payment the Secretary agrees to make to the producer for each year of the
conservation stewardship contract under section 1238G(d);
(B) require the
producer—
(i) to implement a
conservation stewardship plan that describes the program purposes to be
achieved through 1 or more conservation activities;
(ii) to maintain and supply
information as required by the Secretary to determine compliance with the
conservation stewardship plan and any other requirements of the program;
and
(iii) not to conduct any activities on the
agricultural operation that would tend to defeat the purposes of the
program;
(C) permit all economic uses
of the eligible land that—
(i) maintain the agricultural
nature of the land; and
(ii) are consistent with the
conservation purposes of the conservation stewardship contract;
(D) include a provision to
ensure that a producer shall not be considered in violation of the contract for
failure to comply with the contract due to circumstances beyond the control of
the producer, including a disaster or related condition, as determined by the
Secretary;
(E) include provisions
requiring that upon the violation of a term or condition of the contract at any
time the producer has control of the land—
(i) if the Secretary
determines that the violation warrants termination of the contract—
(I) the producer shall
forfeit all rights to receive payments under the contract; and
(II) the producer shall refund all or a portion
of the payments received by the producer under the contract, including any
interest on the payments, as determined by the Secretary; or
(ii) if the Secretary determines that the
violation does not warrant termination of the contract, the producer shall
refund or accept adjustments to the payments provided to the producer, as the
Secretary determines to be appropriate;
(F) include provisions in
accordance with paragraphs (3) and (4) of this section; and
(G) include any additional
provisions the Secretary determines are necessary to carry out the
program.
(3)
Change of interest in
land subject to a contract
(A)
In
general
At the time of application, a producer shall have control
of the eligible land to be enrolled in the program. Except as provided in
subparagraph (B), a change in the interest of a producer in eligible land
covered by a contract under the program shall result in the termination of the
contract with regard to that land.
(B)
Transfer of duties and
rights
Subparagraph (A) shall not apply if—
(i) within a reasonable
period of time (as determined by the Secretary) after the date of the change in
the interest in eligible land covered by a contract under the program, the
transferee of the land provides written notice to the Secretary that all duties
and rights under the contract have been transferred to, and assumed by, the
transferee for the portion of the land transferred;
(ii) the transferee meets the
eligibility requirements of the program; and
(iii) the Secretary approves
the transfer of all duties and rights under the contract.
(4)
Modification and
termination of contracts
(A)
Voluntary modification
or termination
The Secretary may modify or terminate a contract
with a producer if—
(i) the producer agrees to
the modification or termination; and
(ii) the Secretary determines
that the modification or termination is in the public interest.
(B)
Involuntary
termination
The Secretary may terminate a contract if the
Secretary determines that the producer violated the contract.
(5)
Repayment
If
a contract is terminated, the Secretary may, consistent with the purposes of
the program—
(A) allow the producer to
retain payments already received under the contract; or
(B) require repayment, in
whole or in part, of payments received and assess liquidated damages.
(e)
Contract
renewal
At the end of the initial 5-year contract period, the
Secretary may allow the producer to renew the contract for 1 additional 5-year
period if the producer—
(1) demonstrates compliance
with the terms of the initial contract;
(2) agrees to adopt and
continue to integrate conservation activities across the entire agricultural
operation, as determined by the Secretary; and
(3) agrees, by the end of the contract
period—
(A) to meet the stewardship
threshold of at least two additional priority resource concerns on the
agricultural operation; or
(B) to exceed the stewardship threshold of two
existing priority resource concerns that are specified by the Secretary in the
initial contract.
1238G.
Duties of the
secretary
(a)
In
general
To achieve the conservation goals of a contract under the
conservation stewardship program, the Secretary shall—
(1) make the program
available to eligible producers on a continuous enrollment basis with 1 or more
ranking periods, one of which shall occur in the first quarter of each fiscal
year;
(2) identify not less than 5
priority resource concerns in a particular watershed or other appropriate
region or area within a State; and
(3) establish a science-based
stewardship threshold for each priority resource concern identified under
paragraph (2).
(b)
Allocation to
states
The Secretary shall allocate acres to States for
enrollment, based—
(1) primarily on each State’s
proportion of eligible land to the total acreage of eligible land in all
States; and
(2) also on consideration
of—
(A) the extent and magnitude
of the conservation needs associated with agricultural production in each
State;
(B) the degree to which
implementation of the program in the State is, or will be, effective in helping
producers address those needs; and
(C) other considerations to
achieve equitable geographic distribution of funds, as determined by the
Secretary.
(c)
Acreage enrollment
limitation
During the period beginning on October 1, 2013, and
ending on September 30, 2021, the Secretary shall, to the maximum extent
practicable—
(1) enroll in the program an
additional 8,695,000 acres for each fiscal year; and
(2) manage the program to
achieve a national average rate of $18 per acre, which shall include the costs
of all financial assistance, technical assistance, and any other expenses
associated with enrollment or participation in the program.
(d)
Conservation
stewardship payments
(1)
Availability of
payments
The Secretary shall provide annual payments under the
program to compensate the producer for—
(A) installing and adopting
additional conservation activities; and
(B) improving, maintaining,
and managing conservation activities in place at the agricultural operation of
the producer at the time the contract offer is accepted by the
Secretary.
(2)
Payment
amount
The amount of the conservation stewardship annual payment
shall be determined by the Secretary and based, to the maximum extent
practicable, on the following factors:
(A) Costs incurred by the
producer associated with planning, design, materials, installation, labor,
management, maintenance, or training.
(B) Income forgone by the
producer.
(C) Expected conservation
benefits.
(D) The extent to which
priority resource concerns will be addressed through the installation and
adoption of conservation activities on the agricultural operation.
(E) The level of stewardship
in place at the time of application and maintained over the term of the
contract.
(F) The degree to which the
conservation activities will be integrated across the entire agricultural
operation for all applicable priority resource concerns over the term of the
contract.
(G) Such other factors as
determined appropriate by the Secretary.
(3)
Exclusions
A
payment to a producer under this subsection shall not be provided for—
(A) the design, construction,
or maintenance of animal waste storage or treatment facilities or associated
waste transport or transfer devices for animal feeding operations; or
(B) conservation activities
for which there is no cost incurred or income forgone to the producer.
(4)
Delivery of
payments
In making payments under this subsection, the Secretary
shall, to the extent practicable—
(A) prorate conservation
performance over the term of the contract so as to accommodate, to the extent
practicable, producers earning equal annual payments in each fiscal year;
and
(B) make payments as soon as
practicable after October 1 of each fiscal year for activities carried out in
the previous fiscal year.
(e)
Supplemental payments
for resource-conserving crop rotations
(1)
Availability of
payments
The Secretary shall provide additional payments to
producers that, in participating in the program, agree to adopt or improve
resource-conserving crop rotations to achieve beneficial crop rotations as
appropriate for the eligible land of the producers.
(2)
Beneficial crop
rotations
The Secretary shall determine whether a
resource-conserving crop rotation is a beneficial crop rotation eligible for
additional payments under paragraph (1) based on whether the
resource-conserving crop rotation is designed to provide natural resource
conservation and production benefits.
(3)
Eligibility
To
be eligible to receive a payment described in paragraph (1), a producer shall
agree to adopt and maintain beneficial resource-conserving crop rotations for
the term of the contract.
(4)
Resource-conserving
crop rotation
In this subsection, the term
resource-conserving crop rotation means a crop rotation
that—
(A) includes at least 1
resource conserving crop (as defined by the Secretary);
(B) reduces erosion;
(C) improves soil fertility
and tilth;
(D) interrupts pest cycles;
and
(E) in applicable areas,
reduces depletion of soil moisture or otherwise reduces the need for
irrigation.
(f)
Payment
limitations
A person or legal entity may not receive, directly or
indirectly, payments under the program that, in the aggregate, exceed $200,000
under all contracts entered into during fiscal years 2014 through 2018,
excluding funding arrangements with Indian tribes, regardless of the number of
contracts entered into under the program by the person or legal entity.
(g)
Specialty crop and
organic producers
The Secretary shall ensure that outreach and
technical assistance are available, and program specifications are appropriate
to enable specialty crop and organic producers to participate in the
program.
(h)
Coordination with
organic certification
The Secretary shall establish a transparent
means by which producers may initiate organic certification under the Organic
Foods Production Act of 1990 (7 U.S.C. 6501 et seq.) while participating in a
contract under the program.
(i)
Regulations
The
Secretary shall promulgate regulations that—
(1) prescribe such other
rules as the Secretary determines to be necessary to ensure a fair and
reasonable application of the limitations established under subsection (f);
and
(2) otherwise enable the
Secretary to carry out the
program.
.
(b)
Effective
date
The amendment made by this section shall take effect on
October 1, 2013.
(c)
Effect on existing
contracts
(1)
In
general
The amendment made by this section shall not affect the
validity or terms of any contract entered into by the Secretary of Agriculture
under subchapter B of chapter 2 of subtitle D of title XII of the Food Security
Act of 1985 (16 U.S.C. 3838d et seq.) before October 1, 2013, or any payments
required to be made in connection with the contract.
(2)
Conservation
stewardship program
Funds
made available under section 1241(a)(4) of the Food Security Act of 1985 (16
U.S.C. 3841(a)(4)) (as amended by section 2601(a) of this title) may be used to
administer and make payments to program participants that enrolled into
contracts during any of fiscal years 2009 through 2013.
C
Environmental Quality
Incentives Program
2201.
Purposes
Section 1240 of the Food Security Act of
1985 (16 U.S.C. 3839aa) is amended—
(1) in paragraph (3)—
(A) in subparagraph (A), by
striking and at the end;
(B) by redesignating
subparagraph (B) as subparagraph (C) and, in such subparagraph, by inserting
and after the semicolon; and
(C) by inserting after
subparagraph (A) the following new subparagraph:
(B) developing and improving wildlife habitat;
and
;
(2) in paragraph (4), by
striking ; and and inserting a period; and
(3) by striking paragraph
(5).
2202.
Establishment and
administration
Section 1240B
of the Food Security Act of 1985 (16 U.S.C. 3839aa–2) is amended—
(1) in subsection (a), by
striking 2014 and inserting 2018;
(2) in subsection (b), by
striking paragraph (2) and inserting the following new paragraph:
(2)
Term
A contract under the program shall have a
term that does not exceed 10 years.
;
(3) in subsection (d)(4)—
(A) in subparagraph (A), in the matter
preceding clause (i), by inserting , veteran farmer or rancher (as
defined in section 2501(e) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 2279(e))), before or a beginning farmer or
rancher; and
(B) by striking subparagraph
(B) and inserting the following new subparagraph:
(B)
Advance
payments
(i)
In
general
Not more than 50
percent of the amount determined under subparagraph (A) may be provided in
advance for the purpose of purchasing materials or contracting.
(ii)
Return of
funds
If funds provided in
advance are not expended during the 90-day period beginning on the date of
receipt of the funds, the funds shall be returned within a reasonable time
frame, as determined by the
Secretary.
;
(4) by striking subsection (f) and inserting
the following new subsection:
(f)
Allocation of
funding
(1)
Livestock
For each of fiscal years 2014 through 2018,
at least 60 percent of the funds made available for payments under the program
shall be targeted at practices relating to livestock production.
(2)
Wildlife
habitat
For each of fiscal
years 2014 through 2018, 5 percent of the funds made available for payments
under the program shall be targeted at practices benefitting wildlife
habitat.
;
(5) in subsection (g)—
(A) in the subsection
heading, by striking Federally Recognized Native American Indian Tribes and Alaska
Native Corporations and inserting
Indian
Tribes;
(B) by striking
federally recognized Native American Indian Tribes and Alaska Native
Corporations (including their affiliated membership organizations) and
inserting Indian tribes; and
(C) by striking or
Native Corporation; and
(6) by adding at the end the
following:
(j)
Wildlife habitat
incentive practice
The
Secretary shall provide payments to producers under the program for practices,
including recurring practices for the term of the contract, that support the
restoration, development, protection, and improvement of wildlife habitat on
eligible land, including—
(1) upland wildlife
habitat;
(2) wetland wildlife
habitat;
(3) habitat for threatened
and endangered species;
(4) fish habitat;
(5) habitat on pivot corners
and other irregular areas of a field; and
(6) other types of wildlife
habitat, as determined appropriate by the
Secretary.
.
2203.
Evaluation of
applications
Section 1240C(b)
of the Food Security Act of 1985 (16 U.S.C. 3839aa–3(b)) is amended—
(1) in paragraph (1), by
striking environmental and inserting
conservation; and
(2) in paragraph (3), by
striking purpose of the environmental quality incentives program
specified in section 1240(1) and inserting purposes of the
program.
2204.
Duties of
producers
Section 1240D(2) of
the Food Security Act of 1985 (16 U.S.C. 3839aa–4(2)) is amended by striking
farm, ranch, or forest and inserting
enrolled.
2205.
Limitation on
payments
Section 1240G of the
Food Security Act of 1985 (16 U.S.C. 3839aa–7) is amended to read as
follows:
1240G.
Limitation on
payments
A person or legal
entity may not receive, directly or indirectly, cost share or incentive
payments under this chapter that, in aggregate, exceed $450,000 for all
contracts entered into under this chapter by the person or legal entity during
the period of fiscal years 2014 through 2018, regardless of the number of
contracts entered into under this chapter by the person or legal
entity.
.
2206.
Conservation
innovation grants and payments
Section 1240H of the Food Security Act of
1985 (16 U.S.C. 3839aa–8) is amended—
(1) in subsection
(a)(2)—
(A) in subparagraph (C), by
striking ; and and inserting a semicolon;
(B) in subparagraph (D), by
striking the period and inserting a semicolon; and
(C) by adding at the end the
following new subparagraphs:
(E) facilitate on-farm conservation research
and demonstration activities; and
(F) facilitate pilot testing of new
technologies or innovative conservation
practices.
;
and
(2) by striking subsection
(b) and inserting the following new subsection:
(b)
Reporting
Not later than December 31, 2014, and every
two years thereafter, the Secretary shall submit to the Committee on
Agriculture, Nutrition, and Forestry of the Senate and the Committee on
Agriculture of the House of Representatives a report on the status of projects
funded under this section, including—
(1) funding awarded;
(2) project results;
and
(3) incorporation of project
findings, such as new technology and innovative approaches, into the
conservation efforts implemented by the
Secretary.
.
2207.
Effective
date
(a)
In
general
The amendments made by this subtitle shall take effect on
October 1, 2013.
(b)
Effect on existing
contracts
The amendments made
by this subtitle shall not affect the validity or terms of any contract entered
into by the Secretary of Agriculture under chapter 4 of subtitle D of title XII
of the Food Security Act of 1985 (16 U.S.C. 3839aa et seq.) before October 1,
2013, or any payments required to be made in connection with the
contract.
D
Agricultural Conservation
Easement Program
2301.
Agricultural
conservation easement program
(a)
Establishment
Title XII of the Food Security Act of 1985
is amended by adding at the end the following new subtitle:
H
Agricultural Conservation
Easement Program
1265.
Establishment and
purposes
(a)
Establishment
The
Secretary shall establish an agricultural conservation easement program for the
conservation of eligible land and natural resources through easements or other
interests in land.
(b)
Purposes
The
purposes of the program are to—
(1) combine the purposes and coordinate the
functions of the wetlands reserve program established under section 1237, the
grassland reserve program established under section 1238N, and the farmland
protection program established under section 1238I, as such sections were in
effect on September 30, 2013;
(2) restore, protect, and
enhance wetlands on eligible land;
(3) protect the agricultural
use and related conservation values of eligible land by limiting
nonagricultural uses of that land; and
(4) protect grazing uses and
related conservation values by restoring and conserving eligible land.
1265A.
Definitions
In this subtitle:
(1)
Agricultural land
easement
The term agricultural land easement means
an easement or other interest in eligible land that—
(A) is conveyed for the
purpose of protecting natural resources and the agricultural nature of the
land; and
(B) permits the landowner the
right to continue agricultural production and related uses subject to an
agricultural land easement plan, as approved by the Secretary.
(2)
Eligible
entity
The term eligible entity means—
(A) an agency of State or
local government or an Indian tribe (including a farmland protection board or
land resource council established under State law); or
(B) an organization that
is—
(i) organized for, and at all
times since the formation of the organization has been operated principally
for, 1 or more of the conservation purposes specified in clause (i), (ii),
(iii), or (iv) of section 170(h)(4)(A) of the Internal Revenue Code of
1986;
(ii) an organization
described in section 501(c)(3) of that Code that is exempt from taxation under
section 501(a) of that Code; or
(iii) described in—
(I) paragraph (1) or (2) of
section 509(a) of that Code; or
(II) section 509(a)(3) of
that Code and is controlled by an organization described in section 509(a)(2)
of that Code.
(3)
Eligible
land
The term eligible land means private or tribal
land that is—
(A) in the case of an
agricultural land easement, agricultural land, including land on a farm or
ranch—
(i) that is subject to a
pending offer for purchase of an agricultural land easement from an eligible
entity;
(ii) that—
(I) has prime, unique, or
other productive soil;
(II) contains historical or
archaeological resources; or
(III) the protection of which
will further a State or local policy consistent with the purposes of the
program; and
(iii) that is—
(I) cropland;
(II) rangeland;
(III) grassland or land that
contains forbs, or shrubland for which grazing is the predominate use;
(IV) pastureland; or
(V) nonindustrial private forest land that
contributes to the economic viability of an offered parcel or serves as a
buffer to protect such land from development;
(B) in the case of a wetland
easement, a wetland or related area, including—
(i) farmed or converted
wetlands, together with adjacent land that is functionally dependent on that
land, if the Secretary determines it—
(I) is likely to be
successfully restored in a cost effective manner; and
(II) will maximize the
wildlife benefits and wetland functions and values, as determined by the
Secretary in consultation with the Secretary of the Interior at the local
level;
(ii) cropland or grassland
that was used for agricultural production prior to flooding from the natural
overflow of—
(I) a closed basin lake and
adjacent land that is functionally dependent upon it, if the State or other
entity is willing to provide 50 percent share of the cost of an
easement;
(II) a pothole and adjacent
land that is functionally dependent on it;
(iii) farmed wetlands and
adjoining lands that—
(I) are enrolled in the
conservation reserve program;
(II) have the highest wetland
functions and values, as determined by the Secretary; and
(III) are likely to return to
production after they leave the conservation reserve program;
(iv) riparian areas that link
wetlands that are protected by easements or some other device that achieves the
same purpose as an easement; or
(v) other wetlands of an
owner that would not otherwise be eligible, if the Secretary determines that
the inclusion of such wetlands in a wetland easement would significantly add to
the functional value of the easement; or
(C) in the case of either an
agricultural land easement or wetland easement, other land that is incidental
to land described in subparagraph (A) or (B), if the Secretary determines that
it is necessary for the efficient administration of the easements under this
program.
(4)
Program
The
term program means the agricultural conservation easement program
established by this subtitle.
(5)
Wetland
easement
The term wetland easement means a reserved
interest in eligible land that—
(A) is defined and delineated
in a deed; and
(B) stipulates—
(i) the rights, title, and
interests in land conveyed to the Secretary; and
(ii) the rights, title, and
interests in land that are reserved to the landowner.
1265B.
Agricultural land
easements
(a)
Availability of
assistance
The Secretary shall facilitate and provide funding
for—
(1) the purchase by eligible
entities of agricultural land easements and other interests in eligible land;
and
(2) technical assistance to
provide for the conservation of natural resources pursuant to an agricultural
land easement plan.
(b)
Cost-share
assistance
(1)
In
general
The Secretary shall protect the agricultural use,
including grazing, and related conservation values of eligible land through
cost-share assistance to eligible entities for purchasing agricultural land
easements.
(2)
Scope of assistance
available
(A)
Federal
share
An agreement described
in paragraph (4) shall provide for a Federal share determined by the Secretary
of an amount not to exceed 50 percent of the fair market value of the
agricultural land easement or other interest in land, as determined by the
Secretary using—
(i) the Uniform Standards of
Professional Appraisal Practice;
(ii) an area-wide market
analysis or survey; or
(iii) another
industry-approved method.
(B)
Non-federal
share
(i)
In
general
Under the agreement, the eligible entity shall provide a
share that is at least equivalent to that provided by the Secretary.
(ii)
Source of
contribution
An eligible
entity may include as part of its share a charitable donation or qualified
conservation contribution (as defined by section 170(h) of the Internal Revenue
Code of 1986) from the private landowner if the eligible entity contributes its
own cash resources in an amount that is at least 50 percent of the amount
contributed by the Secretary.
(C)
Exception
In the case of grassland of special
environmental significance, as determined by the Secretary, the Secretary may
provide an amount not to exceed 75 percent of the fair market value of the
agricultural land easement.
(3)
Evaluation and ranking
of applications
(A)
Criteria
The
Secretary shall establish evaluation and ranking criteria to maximize the
benefit of Federal investment under the program.
(B)
Considerations
In
establishing the criteria, the Secretary shall emphasize support for—
(i) protecting agricultural
uses and related conservation values of the land; and
(ii) maximizing the
protection of areas devoted to agricultural use.
(C)
Bidding
down
If the Secretary determines that 2 or more applications for
cost-share assistance are comparable in achieving the purpose of the program,
the Secretary shall not assign a higher priority to any of those applications
solely on the basis of lesser cost to the program.
(4)
Agreements with
eligible entities
(A)
In
general
The Secretary shall enter into agreements with eligible
entities to stipulate the terms and conditions under which the eligible entity
is permitted to use cost-share assistance provided under this section.
(B)
Length of
agreements
An agreement shall be for a term that is—
(i) in the case of an
eligible entity certified under the process described in paragraph (5), a
minimum of five years; and
(ii) for all other eligible
entities, at least three, but not more than five years.
(C)
Minimum terms and
conditions
An eligible entity shall be authorized to use its own
terms and conditions for agricultural land easements so long as the Secretary
determines such terms and conditions—
(i) are consistent with the
purposes of the program;
(ii) permit effective
enforcement of the conservation purposes of such easements;
(iii) include a right of
enforcement for the Secretary, that may be used only if the terms of the
easement are not enforced by the holder of the easement;
(iv) subject the land in
which an interest is purchased to an agricultural land easement plan
that—
(I) describes the activities
which promote the long-term viability of the land to meet the purposes for
which the easement was acquired;
(II) requires the management of grasslands
according to a grasslands management plan; and
(III) includes a conservation
plan, where appropriate, and requires, at the option of the Secretary, the
conversion of highly erodible cropland to less intensive uses; and
(v) include a limit on the
impervious surfaces to be allowed that is consistent with the agricultural
activities to be conducted.
(D)
Substitution of
qualified projects
An agreement shall allow, upon mutual
agreement of the parties, substitution of qualified projects that are
identified at the time of the proposed substitution.
(E)
Effect of
violation
If a violation occurs of a term or condition of an
agreement under this subsection—
(i) the Secretary may
terminate the agreement; and
(ii) the Secretary may
require the eligible entity to refund all or part of any payments received by
the entity under the program, with interest on the payments as determined
appropriate by the Secretary.
(5)
Certification of
eligible entities
(A)
Certification
process
The Secretary shall establish a process under which the
Secretary may—
(i) directly certify eligible
entities that meet established criteria;
(ii) enter into long-term
agreements with certified eligible entities; and
(iii) accept proposals for
cost-share assistance for the purchase of agricultural land easements
throughout the duration of such agreements.
(B)
Certification
criteria
In order to be certified, an eligible entity shall
demonstrate to the Secretary that the entity will maintain, at a minimum, for
the duration of the agreement—
(i) a plan for administering
easements that is consistent with the purpose of this subtitle;
(ii) the capacity and
resources to monitor and enforce agricultural land easements; and
(iii) policies and procedures
to ensure—
(I) the long-term integrity
of agricultural land easements on eligible land;
(II) timely completion of
acquisitions of such easements; and
(III) timely and complete
evaluation and reporting to the Secretary on the use of funds provided under
the program.
(C)
Review and
revision
(i)
Review
The
Secretary shall conduct a review of eligible entities certified under
subparagraph (A) every three years to ensure that such entities are meeting the
criteria established under subparagraph (B).
(ii)
Revocation
If
the Secretary finds that the certified eligible entity no longer meets the
criteria established under subparagraph (B), the Secretary may—
(I) allow the certified
eligible entity a specified period of time, at a minimum 180 days, in which to
take such actions as may be necessary to meet the criteria; and
(II) revoke the certification
of the eligible entity, if after the specified period of time, the certified
eligible entity does not meet such criteria.
(c)
Method of
enrollment
The Secretary
shall enroll eligible land under this section through the use of—
(1) permanent easements;
or
(2) easements for the maximum
duration allowed under applicable State laws.
(d)
Technical
assistance
The Secretary may
provide technical assistance, if requested, to assist in—
(1) compliance with the terms
and conditions of easements; and
(2) implementation of an
agricultural land easement plan.
1265C.
Wetland
easements
(a)
Availability of
assistance
The Secretary shall provide assistance to owners of
eligible land to restore, protect, and enhance wetlands through—
(1) wetland easements and
related wetland easement plans; and
(2) technical
assistance.
(b)
Easements
(1)
Method of
enrollment
The Secretary
shall enroll eligible land under this section through the use of—
(A) 30-year easements;
(B) permanent
easements;
(C) easements for the maximum
duration allowed under applicable State laws; or
(D) as an option for Indian tribes only,
30-year contracts (which shall be considered to be 30-year easements for the
purposes of this subtitle).
(2)
Limitations
(A)
Ineligible
land
The Secretary may not acquire easements on—
(i) land established to trees
under the conservation reserve program, except in cases where the Secretary
determines it would further the purposes of the program; and
(ii) farmed wetlands or
converted wetlands where the conversion was not commenced prior to December 23,
1985.
(B)
Changes in
ownership
No wetland easement
shall be created on land that has changed ownership during the preceding
24-month period unless—
(i) the new ownership was
acquired by will or succession as a result of the death of the previous
owner;
(ii)
(I) the ownership change
occurred because of foreclosure on the land; and
(II) immediately before the
foreclosure, the owner of the land exercises a right of redemption from the
mortgage holder in accordance with State law; or
(iii) the Secretary
determines that the land was acquired under circumstances that give adequate
assurances that such land was not acquired for the purposes of placing it in
the program.
(3)
Evaluation and ranking
of offers
(A)
Criteria
The
Secretary shall establish evaluation and ranking criteria to maximize the
benefit of Federal investment under the program.
(B)
Considerations
When
evaluating offers from landowners, the Secretary may consider—
(i) the conservation benefits of obtaining a
wetland easement, including the potential environmental benefits if the land
was removed from agricultural production;
(ii) the cost-effectiveness of each wetland
easement, so as to maximize the environmental benefits per dollar
expended;
(iii) whether the landowner or another person is
offering to contribute financially to the cost of the wetland easement to
leverage Federal funds; and
(iv) such other factors as
the Secretary determines are necessary to carry out the purposes of the
program.
(C)
Priority
The Secretary shall place priority on
acquiring wetland easements based on the value of the wetland easement for
protecting and enhancing habitat for migratory birds and other wildlife.
(4)
Agreement
To
be eligible to place eligible land into the program through a wetland easement,
the owner of such land shall enter into an agreement with the Secretary
to—
(A) grant an easement on such
land to the Secretary;
(B) authorize the
implementation of a wetland easement plan developed for the eligible land under
subsection (f);
(C) create and record an
appropriate deed restriction in accordance with applicable State law to reflect
the easement agreed to;
(D) provide a written
statement of consent to such easement signed by those holding a security
interest in the land;
(E) comply with the terms and
conditions of the easement and any related agreements; and
(F) permanently retire any
existing base history for the land on which the easement has been
obtained.
(5)
Terms and conditions of
easement
(A)
In
general
A wetland easement shall include terms and conditions
that—
(i) permit—
(I) repairs, improvements,
and inspections on the land that are necessary to maintain existing public
drainage systems; and
(II) owners to control public
access on the easement areas while identifying access routes to be used for
restoration activities and management and easement monitoring;
(ii) prohibit—
(I) the alteration of
wildlife habitat and other natural features of such land, unless specifically
authorized by the Secretary;
(II) the spraying of such
land with chemicals or the mowing of such land, except where such spraying or
mowing is authorized by the Secretary or is necessary—
(aa) to comply with Federal
or State noxious weed control laws;
(bb) to comply with a Federal
or State emergency pest treatment program; or
(cc) to meet habitat needs of
specific wildlife species;
(III) any activities to be
carried out on the owner’s or successor’s land that is immediately adjacent to,
and functionally related to, the land that is subject to the easement if such
activities will alter, degrade, or otherwise diminish the functional value of
the eligible land; and
(IV) the adoption of any
other practice that would tend to defeat the purposes of the program, as
determined by the Secretary;
(iii) provide for the
efficient and effective establishment of wildlife functions and values;
and
(iv) include such additional
provisions as the Secretary determines are desirable to carry out the program
or facilitate the practical administration thereof.
(B)
Violation
On the violation of the terms or conditions
of a wetland easement, the wetland easement shall remain in force and the
Secretary may require the owner to refund all or part of any payments received
by the owner under the program, together with interest thereon as determined
appropriate by the Secretary.
(C)
Compatible
uses
Land subject to a wetland easement may be used for
compatible economic uses, including such activities as hunting and fishing,
managed timber harvest, or periodic haying or grazing, if such use is
specifically permitted by the wetland easement plan developed for the land
under subsection (f) and is consistent with the long-term protection and
enhancement of the wetland resources for which the easement was
established.
(D)
Reservation of grazing
rights
The Secretary may
include in the terms and conditions of a wetland easement a provision under
which the owner reserves grazing rights if—
(i) the Secretary determines
that the reservation and use of the grazing rights—
(I) is compatible with the
land subject to the easement;
(II) is consistent with the
historical natural uses of the land and the long-term protection and
enhancement goals for which the easement was established; and
(III) complies with the
wetland easement plan developed for the land under subsection (f); and
(ii) the agreement provides
for a commensurate reduction in the easement payment to account for the grazing
value, as determined by the Secretary.
(6)
Compensation
(A)
Determination
(i)
Permanent
easements
The Secretary shall
pay as compensation for a permanent wetland easement acquired under the program
an amount necessary to encourage enrollment in the program, based on the lowest
of—
(I) the fair market value of
the land, as determined by the Secretary, using the Uniform Standards of
Professional Appraisal Practice or an area-wide market analysis or
survey;
(II) the amount corresponding
to a geographical cap, as determined by the Secretary in regulations; or
(III) the offer made by the
landowner.
(ii)
30-year
easements
Compensation for a
30-year wetland easement shall be not less than 50 percent, but not more than
75 percent, of the compensation that would be paid for a permanent wetland
easement.
(B)
Form of
payment
Compensation for a wetland easement shall be provided by
the Secretary in the form of a cash payment, in an amount determined under
subparagraph (A).
(C)
Payment
schedule
(i)
Easements valued at
$500,000 or less
For wetland
easements valued at $500,000 or less, the Secretary may provide easement
payments in not more than 10 annual payments.
(ii)
Easements valued at
more than $500,000
For
wetland easements valued at more than $500,000, the Secretary may provide
easement payments in at least 5, but not more than 10 annual payments, except
that, if the Secretary determines it would further the purposes of the program,
the Secretary may make a lump sum payment for such an easement.
(c)
Easement
restoration
(1)
In
general
The Secretary shall provide financial assistance to
owners of eligible land to carry out the establishment of conservation measures
and practices and protect wetland functions and values, including necessary
maintenance activities, as set forth in a wetland easement plan developed for
the eligible land under subsection (f).
(2)
Payments
The
Secretary shall—
(A) in the case of a permanent wetland
easement, pay an amount that is not less than 75 percent, but not more than 100
percent, of the eligible costs, as determined by the Secretary; and
(B) in the case of a 30-year wetland easement,
pay an amount that is not less than 50 percent, but not more than 75 percent,
of the eligible costs, as determined by the Secretary.
(d)
Technical
assistance
(1)
In
general
The Secretary shall
assist owners in complying with the terms and conditions of wetland
easements.
(2)
Contracts or
agreements
The Secretary may
enter into 1 or more contracts with private entities or agreements with a
State, non-governmental organization, or Indian tribe to carry out necessary
restoration, enhancement, or maintenance of a wetland easement if the Secretary
determines that the contract or agreement will advance the purposes of the
program.
(e)
Wetland enhancement
option
The Secretary may enter into 1 or more agreements with a
State (including a political subdivision or agency of a State), nongovernmental
organization, or Indian tribe to carry out a special wetland enhancement option
that the Secretary determines would advance the purposes of program.
(f)
Administration
(1)
Wetland easement
plan
The Secretary shall develop a wetland easement plan for
eligible lands subject to a wetland easement, which shall include practices and
activities necessary to restore, protect, enhance, and maintain the enrolled
lands.
(2)
Delegation of easement
administration
The Secretary
may delegate—
(A) any of the easement
management, monitoring, and enforcement responsibilities of the Secretary to
other Federal or State agencies that have the appropriate authority, expertise,
and resources necessary to carry out such delegated responsibilities;
and
(B) any of the easement management
responsibilities of the Secretary to other conservation organizations if the
Secretary determines the organization has the appropriate expertise and
resources.
(3)
Payments
(A)
Timing of
payments
The Secretary shall provide payment for obligations
incurred by the Secretary under this section—
(i) with respect to any
easement restoration obligation under subsection (c), as soon as possible after
the obligation is incurred; and
(ii) with respect to any
annual easement payment obligation incurred by the Secretary, as soon as
possible after October 1 of each calendar year.
(B)
Payments to
others
If an owner who is entitled to a payment under this
section dies, becomes incompetent, is otherwise unable to receive such payment,
or is succeeded by another person or entity who renders or completes the
required performance, the Secretary shall make such payment, in accordance with
regulations prescribed by the Secretary and without regard to any other
provision of law, in such manner as the Secretary determines is fair and
reasonable in light of all of the circumstances.
1265D.
Administration
(a)
Ineligible
land
The Secretary may not use program funds for the purposes of
acquiring an easement on—
(1) lands owned by an agency
of the United States, other than land held in trust for Indian tribes;
(2) lands owned in fee title
by a State, including an agency or a subdivision of a State, or a unit of local
government;
(3) land subject to an
easement or deed restriction which, as determined by the Secretary, provides
similar protection as would be provided by enrollment in the program; or
(4) lands where the purposes
of the program would be undermined due to on-site or off-site conditions, such
as risk of hazardous substances, proposed or existing rights of way,
infrastructure development, or adjacent land uses.
(b)
Priority
In
evaluating applications under the program, the Secretary may give priority to
land that is currently enrolled in the conservation reserve program in a
contract that is set to expire within 1 year and—
(1) in the case of an
agricultural land easement, is grassland that would benefit from protection
under a long-term easement; and
(2) in the case of a wetland
easement, is a wetland or related area with the highest functions and value and
is likely to return to production after the land leaves the conservation
reserve program.
(c)
Subordination,
exchange, modification, and termination
(1)
In
general
The Secretary may subordinate, exchange, modify, or
terminate any interest in land, or portion of such interest, administered by
the Secretary, either directly or on behalf of the Commodity Credit Corporation
under the program if the Secretary determines that—
(A) it is in the Federal
Government’s interest to subordinate, exchange, modify, or terminate the
interest in land;
(B) the subordination,
exchange, modification, or termination action—
(i) will address a compelling
public need for which there is no practicable alternative; or
(ii) such action will further
the practical administration of the program; and
(C) the subordination,
exchange, modification, or termination action will result in comparable
conservation value and equivalent or greater economic value to the United
States.
(2)
Consultation
The
Secretary shall work with the owner, and eligible entity if applicable, to
address any subordination, exchange, modification, or termination of the
interest, or portion of such interest, in land.
(3)
Notice
At
least 90 days before taking any termination action described in paragraph (1),
the Secretary shall provide written notice of such action to the Committee on
Agriculture of the House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate.
(d)
Land enrolled in
conservation reserve program
The Secretary may terminate or
modify a contract entered into under section 1231(a) if eligible land that is
subject to such contract is transferred into the program.
(e)
Allocation of funds for
agricultural land easements
Of the funds made available under section
1241 to carry out the program for a fiscal year, the Secretary shall, to the
extent practicable, use for agricultural land easements—
(1) no less than 40 percent in each of fiscal
years 2014 through 2017; and
(2) no less than 50 percent in fiscal year
2018.
.
(b)
Compliance with certain
requirements
Before an
eligible entity or owner of eligible land may receive assistance under subtitle
H of title XII of the Food Security Act of 1985, the eligible entity or person
shall agree, during the crop year for which the assistance is provided and in
exchange for the assistance—
(1) to comply with applicable conservation
requirements under subtitle B of title XII of that Act (16 U.S.C. 3811 et
seq.); and
(2) to comply with applicable wetland
protection requirements under subtitle C of title XII of that Act (16 U.S.C.
3821 et seq.).
(c)
Cross reference;
calculation
Section 1244 of
the Food Security Act of 1985 (16 U.S.C. 3844) is amended—
(1) in subsection (c)—
(A) in paragraph (1)—
(i) by inserting
and at the end of subparagraph (A);
(ii) by striking
and at the end of subparagraph (B); and
(iii) by striking
subparagraph (C);
(B) by redesignating
paragraph (2) as paragraph (3); and
(C) by inserting after
paragraph (1) the following new paragraph:
(2) the agricultural conservation easement
program established under subtitle H;
and
;
and
(2) in subsection (f)—
(A) in paragraph (1)—
(i) in subparagraph (A), by
striking programs administered under subchapters B and C of chapter 1 of
subtitle D and inserting conservation reserve program
established under subchapter B of chapter 1 of subtitle D and wetland easements
under section 1265C; and
(ii) in subparagraph (B), by striking an
easement acquired under subchapter C of chapter 1 of subtitle D and
inserting a wetland easement under section 1265C; and
(B) by adding at the end the
following new paragraph:
(5)
Calculation
In calculating the percentages described in
paragraph (1), the Secretary shall include any acreage that was included in
calculations of percentages made under such paragraph, as in effect on
September 30, 2013, and that remains enrolled when the calculation is made
after that date under paragraph
(1).
.
(d)
Effective
date
The amendments made by
this section shall take effect on October 1, 2013.
E
Regional Conservation
Partnership Program
2401.
Regional
conservation partnership program
(a)
In
general
Title XII of the Food
Security Act of 1985 is amended by inserting after subtitle H, as added by
section 2301, the following new subtitle:
I
Regional Conservation
Partnership Program
1271.
Establishment and
purposes
(a)
Establishment
The
Secretary shall establish a regional conservation partnership program to
implement eligible activities on eligible land through—
(1) partnership agreements
with eligible partners; and
(2) contracts with
producers.
(b)
Purposes
The
purposes of the program are as follows:
(1) To use covered programs to accomplish
purposes and functions similar to those of the following programs, as in effect
on September 30, 2013:
(A) The agricultural water
enhancement program established under section 1240I.
(B) The Chesapeake Bay
watershed program established under section 1240Q.
(C) The cooperative
conservation partnership initiative established under section 1243.
(D) The Great Lakes basin
program for soil erosion and sediment control established under section
1240P.
(2) To further the conservation, restoration,
and sustainable use of soil, water, wildlife, and related natural resources on
eligible land on a regional or watershed scale.
(3) To encourage eligible
partners to cooperate with producers in—
(A) meeting or avoiding the
need for national, State, and local natural resource regulatory requirements
related to production on eligible land; and
(B) implementing projects
that will result in the carrying out of eligible activities that affect
multiple agricultural or nonindustrial private forest operations on a local,
regional, State, or multi-State basis.
1271A.
Definitions
In this subtitle:
(1)
Covered
program
The term covered program means the
following:
(A) The agricultural
conservation easement program.
(B) The environmental quality
incentives program.
(C) The conservation
stewardship program.
(2)
Eligible
activity
The term eligible activity means any of the
following conservation activities:
(A) Water quality or quantity
conservation, restoration, or enhancement projects relating to surface water
and groundwater resources, including—
(i) the conversion of
irrigated cropland to the production of less water-intensive agricultural
commodities or dryland farming; or
(ii) irrigation system
improvement and irrigation efficiency enhancement.
(B) Drought
mitigation.
(C) Flood prevention.
(D) Water retention.
(E) Air quality
improvement.
(F) Habitat conservation,
restoration, and enhancement.
(G) Erosion control and
sediment reduction.
(H) Other related activities
that the Secretary determines will help achieve conservation benefits.
(3)
Eligible
land
The term eligible land means land on which
agricultural commodities, livestock, or forest-related products are produced,
including—
(A) cropland;
(B) grassland;
(C) rangeland;
(D) pastureland;
(E) nonindustrial private
forest land; and
(F) other land incidental to
agricultural production (including wetlands and riparian buffers) on which
significant natural resource issues could be addressed under the
program.
(4)
Eligible
partner
The term eligible partner means any of the
following:
(A) An agricultural or
silvicultural producer association or other group of producers.
(B) A State or unit of local
government.
(C) An Indian tribe.
(D) A farmer
cooperative.
(E) A water district, irrigation district,
rural water district or association, or other organization with specific water
delivery authority to producers on agricultural land.
(F) An institution of higher
education.
(G) An organization or entity with an
established history of working cooperatively with producers on agricultural
land, as determined by the Secretary, to address—
(i) local conservation
priorities related to agricultural production, wildlife habitat development, or
nonindustrial private forest land management; or
(ii) critical watershed-scale
soil erosion, water quality, sediment reduction, or other natural resource
issues.
(5)
Partnership
agreement
The term partnership agreement means an
agreement entered into under section 1271B between the Secretary and an
eligible partner.
(6)
Program
The
term program means the regional conservation partnership program
established by this subtitle.
1271B.
Regional
conservation partnerships
(a)
Partnership agreements
authorized
The Secretary may enter into a partnership agreement
with an eligible partner to implement a project that will assist producers with
installing and maintaining an eligible activity on eligible land.
(b)
Length
A
partnership agreement shall be for a period not to exceed 5 years, except that
the Secretary may extend the agreement one time for up to 12 months when an
extension is necessary to meet the objectives of the program.
(c)
Duties of
partners
(1)
In
general
Under a partnership agreement, the eligible partner
shall—
(A) define the scope of a
project, including—
(i) the eligible activities
to be implemented;
(ii) the potential
agricultural or nonindustrial private forest land operations affected;
(iii) the local, State,
multi-State, or other geographic area covered; and
(iv) the planning, outreach,
implementation, and assessment to be conducted;
(B) conduct outreach to
producers for potential participation in the project;
(C) at the request of a
producer, act on behalf of a producer participating in the project in applying
for assistance under section 1271C;
(D) leverage financial or
technical assistance provided by the Secretary with additional funds to help
achieve the project objectives;
(E) conduct an assessment of
the project’s effects; and
(F) at the conclusion of the
project, report to the Secretary on its results and funds leveraged.
(2)
Contribution
An eligible partner shall provide a
significant portion of the overall costs of the scope of the project that is
the subject of the agreement entered into under subsection (a), as determined
by the Secretary.
(d)
Applications
(1)
Competitive
process
The Secretary shall conduct a competitive process to
select applications for partnership agreements and may assess and rank
applications with similar conservation purposes as a group.
(2)
Criteria
used
In carrying out the process described in paragraph (1), the
Secretary shall make public the criteria used in evaluating
applications.
(3)
Content
An
application to the Secretary shall include a description of—
(A) the scope of the project,
as described in subsection (c)(1)(A);
(B) the plan for monitoring,
evaluating, and reporting on progress made towards achieving the project’s
objectives;
(C) the program resources
requested for the project, including the covered programs to be used and
estimated funding needed from the Secretary;
(D) eligible partners collaborating to achieve
project objectives, including their roles, responsibilities, capabilities, and
financial contribution; and
(E) any other elements the
Secretary considers necessary to adequately evaluate and competitively select
applications for funding under the program.
(4)
Priority to certain
applications
The Secretary may give a higher priority to
applications that—
(A) assist producers in meeting or avoiding the
need for a natural resource regulatory requirement;
(B) have a high percentage of
eligible producers in the area to be covered by the agreement;
(C) significantly leverage
non-Federal financial and technical resources and coordinate with other local,
State, or national efforts;
(D) deliver high percentages of applied
conservation to address conservation priorities or regional, State, or national
conservation initiatives;
(E) provide innovation in
conservation methods and delivery, including outcome-based performance measures
and methods; or
(F) meet other factors that
are important for achieving the purposes of the program, as determined by the
Secretary.
1271C.
Assistance to
producers
(a)
In
general
The Secretary shall enter into contracts with producers
to provide financial and technical assistance to—
(1) producers participating
in a project with an eligible partner, as described in section 1271B; or
(2) producers that fit within
the scope of a project described in section 1271B or a critical conservation
area designated under section 1271F, but who are seeking to implement an
eligible activity on eligible land independent of a partner.
(b)
Terms and
conditions
(1)
Consistency with
program rules
Except as provided in paragraph (2), the Secretary
shall ensure that the terms and conditions of a contract under this section are
consistent with the applicable rules of the covered programs to be used as part
of the project, as described in the application under section
1271B(d)(3)(C).
(2)
Adjustments
Except
with respect to statutory program requirements governing appeals, payment
limitations, and conservation compliance, the Secretary may adjust the
discretionary program rules of a covered program—
(A) to provide a simplified
application and evaluation process; and
(B) to better reflect unique
local circumstances and purposes if the Secretary determines such adjustments
are necessary to achieve the purposes of the program.
(c)
Payments
(1)
In
general
In accordance with statutory requirements of the covered
programs involved, the Secretary may make payments to a producer in an amount
determined by the Secretary to be necessary to achieve the purposes of the
program.
(2)
Payments to producers
in States with water quantity concerns
The Secretary may provide
payments to producers participating in a project that addresses water quantity
concerns for a period of five years in an amount sufficient to encourage
conversion from irrigated farming to dryland farming.
(3)
Waiver
authority
To assist in the implementation of the program, the
Secretary may waive the applicability of the limitation in section 1001D(b)(2)
of this Act for participating producers if the Secretary determines that the
waiver is necessary to fulfill the objectives of the program.
1271D.
Funding
(a)
Availability of
funds
The Secretary shall use
$100,000,000 of the funds of the Commodity Credit Corporation for each of
fiscal years 2014 through 2018 to carry out the program.
(b)
Duration of
availability
Funds made available under subsection (a) shall
remain available until expended.
(c)
Additional funding and
acres
(1)
In
general
In addition to the funds made available under subsection
(a), the Secretary shall reserve 6 percent of the funds and acres made
available for a covered program for each of fiscal years 2014 through 2018 in
order to ensure additional resources are available to carry out this
program.
(2)
Unused funds and
acres
Any funds or acres reserved under paragraph (1) for a
fiscal year from a covered program that are not obligated under this program by
April 1 of that fiscal year shall be returned for use under the covered
program.
(d)
Allocation of
funding
Of the funds and acres made available for the program
under subsections (a) and (c), the Secretary shall allocate—
(1) 25 percent of the funds and acres to
projects based on a State competitive process administered by the State
Conservationist, with the advice of the State technical committee established
under subtitle G;
(2) 50 percent of the funds
and acres to projects based on a national competitive process to be established
by the Secretary; and
(3) 25 percent of the funds and acres to
projects for the critical conservation areas designated under section
1271F.
(e)
Limitation on
administrative expenses
None
of the funds made available under the program may be used to pay for the
administrative expenses of eligible partners.
1271E.
Administration
(a)
Disclosure
In
addition to the criteria used in evaluating applications as described in
section 1271B(d)(2), the Secretary shall make publicly available information on
projects selected through the competitive process described in section
1271B(d)(1).
(b)
Reporting
Not
later than December 31, 2014, and every two years thereafter, the Secretary
shall submit to the Committee on Agriculture of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry of the Senate a
report on the status of projects funded under the program, including—
(1) the number and types of eligible partners
and producers participating in the partnership agreements selected;
(2) the number of producers
receiving assistance; and
(3) total funding committed
to projects, including from Federal and non-Federal resources.
1271F.
Critical
conservation areas
(a)
In
general
In administering
funds under section 1271D(d)(3), the Secretary shall select applications for
partnership agreements and producer contracts within critical conservation
areas designated under this section.
(b)
Critical conservation
area designations
(1)
Priority
In designating critical conservation areas
under this section, the Secretary shall give priority to geographical areas
based on the degree to which the geographical area—
(A) includes multiple States
with significant agricultural production;
(B) is covered by an existing
regional, State, binational, or multistate agreement or plan that has
established objectives, goals, and work plans and is adopted by a Federal,
State, or regional authority;
(C) would benefit from water
quality improvement, including through reducing erosion, promoting sediment
control, and addressing nutrient management activities affecting large bodies
of water of regional, national, or international significance;
(D) would benefit from water
quantity improvement, including improvement relating to—
(i) groundwater, surface
water, aquifer, or other water sources; or
(ii) a need to promote water
retention and flood prevention; or
(E) contains producers that need assistance in
meeting or avoiding the need for a natural resource regulatory requirement that
could have a negative economic impact on agricultural operations within the
area.
(2)
Limitation
The
Secretary may not designate more than 8 geographical areas as critical
conservation areas under this section.
(c)
Administration
(1)
In
general
Except as provided in
paragraph (2), the Secretary shall administer any partnership agreement or
producer contract under this section in a manner that is consistent with the
terms of the program.
(2)
Relationship to
existing activity
The
Secretary shall, to the maximum extent practicable, ensure that eligible
activities carried out in critical conservation areas designated under this
section complement and are consistent with other Federal and State programs and
water quality and quantity strategies.
(3)
Additional
authority
For a critical
conservation area described in subsection (b)(1)(D), the Secretary may use
authorities under the Watershed Protection and Flood Prevention Act (16 U.S.C.
1001 et seq.), other than section 14 of such Act (16 U.S.C. 1012), to carry out
projects for the purposes of this
section.
.
(b)
Effective
date
The amendment made by
this section shall take effect on October 1, 2013.
F
Other Conservation
Programs
2501.
Conservation of
private grazing land
Section
1240M(e) of the Food Security Act of 1985 (16 U.S.C. 3839bb(e)) is amended by
striking 2012 and inserting 2018.
2502.
Grassroots source
water protection program
Section 1240O(b) of the Food Security Act of
1985 (16 U.S.C. 3839bb–2) is amended to read as follows:
(b)
Funding
(1)
Authorization of
appropriations
There is
authorized to be appropriated to carry out this section $20,000,000 for each of
fiscal years 2008 through 2018.
(2)
Availability of
funds
In addition to funds
made available under paragraph (1), of the funds of the Commodity Credit
Corporation, the Secretary shall use $5,000,000, to remain available until
expended.
.
2503.
Voluntary public
access and habitat incentive program
(a)
Funding
Section 1240R(f)(1) of the Food Security
Act of 1985 (16 U.S.C. 3839bb–5(f)(1)) is amended by inserting before the
period at the end the following: and $30,000,000 for the period of
fiscal years 2014 through 2018.
(b)
Report on program
effectiveness
Not later than
two years after the date of the enactment of this Act, the Secretary of
Agriculture shall submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and Forestry of
the Senate a report evaluating the effectiveness of the voluntary public access
program established by section 1240R of the Food Security Act of 1985 (16
U.S.C. 3839bb–5), including—
(1) identifying cooperating
agencies;
(2) identifying the number of
land holdings and total acres enrolled by each State and tribal
government;
(3) evaluating the extent of
improved access on eligible lands, improved wildlife habitat, and related
economic benefits; and
(4) any other relevant
information and data relating to the program that would be helpful to such
Committees.
2504.
Agriculture
conservation experienced services program
(a)
Funding
Subsection (c) of section 1252 of the Food
Security Act of 1985 (16 U.S.C. 3851) is amended to read as follows:
(c)
Funding
(1)
In
general
The Secretary may
carry out the ACES program using funds made available to carry out each program
under this title.
(2)
Exclusion
Funds made available to carry out the
conservation reserve program may not be used to carry out the ACES
program.
.
(b)
Effective
date
The amendment made by
this section shall take effect on October 1, 2013.
2505.
Small watershed
rehabilitation program
(a)
Availability of
Funds
Section 14(h)(1) of the
Watershed Protection and Flood Prevention Act (16 U.S.C. 1012(h)(1)) is
amended—
(1) in subparagraph (E), by
striking ; and and inserting a semicolon;
(2) in subparagraph (F), by
striking the period and inserting a semicolon;
(3) in subparagraph (G), by striking the period
and inserting ; and; and
(4) by adding at the end the
following new subparagraph:
(H) $250,000,000 for fiscal year 2014, to
remain available until
expended.
.
(b)
Authorization of
appropriations
Section
14(h)(2)(E) of the Watershed Protection and Flood Prevention Act (16 U.S.C.
1012(h)(2)(E)) is amended by striking 2012 and inserting
2018.
2506.
Agricultural
management assistance program
(a)
Uses
Section 524(b)(2) of the Federal Crop
Insurance Act (7 U.S.C. 1524(b)(2)) is amended—
(1) by striking subparagraph
(B) and redesignating subparagraphs (C) through (F) as subparagraphs (B)
through (E), respectively; and
(2) in subparagraph (B) (as
so redesignated)—
(A) in the matter preceding
clause (i), by striking or resource conservation practices;
and
(B) by striking clause (i)
and redesignating clauses (ii) through (iv) as clauses (i) through (iii),
respectively.
(b)
Commodity Credit
Corporation
(1)
Funding
Section
524(b)(4)(B) of the Federal Crop Insurance Act (7 U.S.C. 1524(b)(4)(B)) is
amended to read as follows:
(B)
Funding
The Commodity Credit Corporation shall make
available to carry out this subsection not less than $10,000,000 for each
fiscal
year.
.
(2)
Certain
uses
Section 524(b)(4)(C) of
the Federal Crop Insurance Act (7 U.S.C. 1524(b)(4)(C)) is amended—
(A) in clause (i)—
(i) by striking
50 and inserting 30; and
(ii) by striking (A),
(B), and (C) and inserting (A) and (B); and
(B) in clause (iii), by
striking 40 and inserting 60.
G
Funding and
Administration
2601.
Funding
(a)
In
general
Subsection (a) of
section 1241 of the Food Security Act of 1985 (16 U.S.C. 3841) is amended to
read as follows:
(a)
Annual
funding
For each of fiscal
years 2014 through 2018, the Secretary shall use the funds, facilities, and
authorities of the Commodity Credit Corporation to carry out the following
programs under this title (including the provision of technical
assistance):
(1) The conservation reserve program under
subchapter B of chapter 1 of subtitle D, including, to the maximum extent
practicable, $25,000,000 for the period of fiscal years 2014 through 2018 to
carry out section 1235(f) to facilitate the transfer of land subject to
contracts from retired or retiring owners and operators to beginning farmers or
ranchers and socially disadvantaged farmers or ranchers.
(2) The agriculture
conservation easement program under subtitle H, using, to the maximum extent
practicable—
(A) $425,000,000 in fiscal
year 2014;
(B) $450,000,000 in fiscal
year 2015;
(C) $475,000,000 in fiscal
year 2016;
(D) $500,000,000 in fiscal
year 2017; and
(E) $200,000,000 in fiscal
year 2018.
(3) The conservation security
program under subchapter A of chapter 2 of subtitle D, using such sums as are
necessary to administer contracts entered into before September 30,
2008.
(4) The conservation
stewardship program under subchapter B of chapter 2 of subtitle D.
(5) The environmental quality
incentives program under chapter 4 of subtitle D, using, to the maximum extent
practicable, $1,750,000,000 for each of fiscal years 2014 through
2018.
.
(b)
Regional equity;
guaranteed availability of funds
Section 1241 of the Food Security Act of
1985 (16 U.S.C. 3841) is amended—
(1) by striking subsection
(d);
(2) by redesignating
subsections (b) and (c) as subsections (c) and (d), respectively; and
(3) by inserting after
subsection (a) the following new subsection:
(b)
Availability of
funds
Amounts made available
by subsection (a) shall be used by the Secretary to carry out the programs
specified in such subsection for fiscal years 2014 through 2018 and shall
remain available until expended. Amounts made available for the programs
specified in such subsection during a fiscal year through modifications,
cancellations, terminations, and other related administrative actions and not
obligated in that fiscal year shall remain available for obligation during
subsequent fiscal years, but shall reduce the amount of additional funds made
available in the subsequent fiscal year by an amount equal to the amount
remaining
unobligated.
.
(c)
Effective
date
The amendments made by
this section shall take effect on October 1, 2013.
2602.
Technical
assistance
(a)
In
general
Subsection (c) of
section 1241 of the Food Security Act of 1985 (16 U.S.C. 3841), as redesignated
by section 2601(b)(2) of this Act, is amended to read as follows:
(c)
Technical
assistance
(1)
Availability of
funds
Commodity Credit
Corporation funds made available for a fiscal year for each of the programs
specified in subsection (a)—
(A) shall be available for
the provision of technical assistance for the programs for which funds are made
available as necessary to implement the programs effectively; and
(B) shall not be available
for the provision of technical assistance for conservation programs specified
in subsection (a) other than the program for which the funds were made
available.
(2)
Report
Not
later than December 31, 2013, the Secretary shall submit (and update as
necessary in subsequent years) to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and Forestry of
the Senate a report—
(A) detailing the amount of
technical assistance funds requested and apportioned in each program specified
in subsection (a) during the preceding fiscal year; and
(B) any other data relating
to this subsection that would be helpful to such
Committees.
.
(b)
Effective
date
The amendment made by
this section shall take effect on October 1, 2013.
2603.
Reservation of funds
to provide assistance to certain farmers or ranchers for conservation
access
(a)
In
general
Subsection (g) of
section 1241 of the Food Security Act of 1985 (16 U.S.C. 3841) is
amended—
(1) in paragraph (1) by
striking 2012 and inserting 2018; and
(2) by adding at the end the
following new paragraph:
(4)
Preference
In providing assistance under paragraph
(1), the Secretary shall give preference to a veteran farmer or rancher (as
defined in section 2501(e) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 2279(e))) that qualifies under subparagraph (A) or (B) of
paragraph
(1).
.
(b)
Effective
date
The amendments made by
this section shall take effect on October 1, 2013.
2604.
Annual report on
program enrollments and assistance
(a)
In
general
Subsection (h) of
section 1241 of the Food Security Act of 1985 (16 U.S.C. 3841) is
amended—
(1) in paragraph (1), by
striking wetlands reserve program and inserting
agricultural conservation easement program;
(2) by striking paragraphs
(2) and (3) and redesignating paragraphs (4), (5), and (6) as paragraphs (2),
(3), and (4), respectively; and
(3) in paragraph (3) (as so
redesignated)—
(A) by striking
agricultural water enhancement program and inserting
regional conservation partnership program; and
(B) by striking
1240I(g) and inserting 1271C(c)(3).
(b)
Effective
date
The amendments made by
this section shall take effect on October 1, 2013.
2605.
Review of
conservation practice standards
Section 1242(h)(1)(A) of the Food Security
Act of 1985 (16 U.S.C. 3842(h)(1)(A)) is amended by striking the Food,
Conservation, and Energy Act of 2008 and inserting the Federal
Agriculture Reform and Risk Management Act of 2013.
2606.
Administrative
requirements applicable to all conservation programs
(a)
In
general
Section 1244 of the
Food Security Act of 1985 (16 U.S.C. 3844) is amended—
(1) in subsection (a)(2), by
adding at the end the following new subparagraph:
(E) Veteran farmers or ranchers (as defined in
section 2501(e) of the Food, Agriculture, Conservation, and Trade Act of 1990
(7 U.S.C.
2279(e))).
;
(2) in subsection (d), by inserting , H,
and I before the period at the end;
(3) in subsection (f)—
(A) in paragraph (1)(B), by
striking country and inserting county; and
(B) in paragraph (3), by
striking subsection (c)(2)(B) or (f)(4) and inserting
subsection (c)(2)(A)(ii) or (f)(2); and
(4) by adding at the end the
following new subsections:
(j)
Improved administrative
efficiency and effectiveness
In administrating a conservation program
under this title, the Secretary shall, to the maximum extent
practicable—
(1) seek to reduce
administrative burdens and costs to producers by streamlining conservation
planning and program resources; and
(2) take advantage of new
technologies to enhance efficiency and effectiveness.
(k)
Relation to other
payments
Any payment received
by an owner or operator under this title, including an easement payment or
rental payment, shall be in addition to, and not affect, the total amount of
payments that the owner or operator is otherwise eligible to receive under any
of the following:
(1) This Act.
(2) The Agricultural Act of
1949 (7 U.S.C. 1421 et seq.).
(3) The Federal Agriculture Reform and Risk
Management Act of 2013.
(4) Any law that succeeds a
law specified in paragraph (1), (2), or
(3).
.
(b)
Effective
date
The amendments made by
this section shall take effect on October 1, 2013.
2607.
Standards for State
technical committees
Section
1261(b) of the Food Security Act of 1985 (16 U.S.C. 3861(b)) is amended by
striking Not later than 180 days after the date of enactment of the
Food, Conservation, and Energy Act of 2008, the Secretary shall develop
and inserting The Secretary shall review and update as
necessary.
2608.
Rulemaking
authority
Subtitle E of title
XII of the Food Security Act of 1985 (16 U.S.C. 3841 et seq.) is amended by
adding at the end the following new section:
1246.
Regulations
(a)
In
general
The Secretary shall
promulgate such regulations as are necessary to implement programs under this
title, including such regulations as the Secretary determines to be necessary
to ensure a fair and reasonable application of the limitations established
under section 1244(f).
(b)
Rulemaking
procedure
The promulgation of
regulations and administration of programs under this title—
(1) shall be carried out
without regard to—
(A) the Statement of Policy
of the Secretary effective July 24, 1971 (36 Fed. Reg. 13804), relating to
notices of proposed rulemaking and public participation in rulemaking;
and
(B) chapter 35 of title 44,
United States Code (commonly known as the Paperwork Reduction Act); and
(2) shall be made as an
interim rule effective on publication with an opportunity for notice and
comment.
(c)
Congressional review of
agency rulemaking
In promulgating regulations under this section,
the Secretary shall use the authority provided under section 808 of title 5,
United States
Code.
.
H
Repeal of Superseded
Program Authorities and Transitional Provisions; Technical Amendments
2701.
Comprehensive
conservation enhancement program
(a)
Repeal
Section 1230 of the Food Security Act of
1985 (16 U.S.C. 3830) is repealed.
(b)
Conforming
amendment
The heading of chapter 1 of subtitle D of title XII of
the Food Security Act of 1985 (16 U.S.C. 3830 et seq.) is amended to read as
follows: Conservation
Reserve.
2702.
Emergency forestry
conservation reserve program
(a)
Repeal
Section 1231A of the Food Security Act of
1985 (16 U.S.C. 3831a) is repealed.
(b)
Transitional
provisions
(1)
Effect on existing
contracts
The amendment made
by this section shall not affect the validity or terms of any contract entered
into by the Secretary of Agriculture under section 1231A of the Food Security
Act of 1985 (16 U.S.C. 3831a) before October 1, 2013, or any payments required
to be made in connection with the contract.
(2)
Funding
The Secretary may use funds made available
to carry out the conservation reserve program under subchapter B of chapter 1
of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et
seq.) to continue to carry out contracts referred to in paragraph (1) using the
provisions of law and regulation applicable to such contracts as they existed
on September 30, 2013.
(c)
Effective
date
The amendment made by
this section shall take effect on October 1, 2013.
2703.
Wetlands reserve
program
(a)
Repeal
Subchapter C of chapter 1 of subtitle D of
title XII of the Food Security Act of 1985 (16 U.S.C. 3837 et seq.) is
repealed.
(b)
Transitional
provisions
(1)
Effect on existing
contracts
The amendment made
by this section shall not affect the validity or terms of any contract entered
into by the Secretary of Agriculture under subchapter C of chapter 1 of
subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3837 et
seq.) before October 1, 2013, or any payments required to be made in connection
with the contract.
(2)
Funding
The Secretary may use funds made available
to carry out the agricultural conservation easement program under subtitle H of
title XII of the Food Security Act of 1985, as added by section 2301 of this
Act, to continue to carry out contracts referred to in paragraph (1) using the
provisions of law and regulation applicable to such contracts as they existed
on September 30, 2013.
(c)
Effective
date
The amendment made by
this section shall take effect on October 1, 2013.
2704.
Farmland protection
program and farm viability program
(a)
Repeal
Subchapter C of chapter 2 of subtitle D of
title XII of the Food Security Act of 1985 (16 U.S.C. 3838h et seq.) is
repealed.
(b)
Conforming
amendment
The heading of
chapter 2 of subtitle D of title XII of the Food Security Act of 1985 (16
U.S.C. 3838 et seq.) is amended by striking and Farmland
Protection.
(c)
Transitional
provisions
(1)
Effect on existing
contracts
The amendments made
by this section shall not affect the validity or terms of any contract entered
into by the Secretary of Agriculture under subchapter C of chapter 2 of
subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3838h et
seq.) before October 1, 2013, or any payments required to be made in connection
with the contract.
(2)
Funding
The Secretary may use funds made available
to carry out the agricultural conservation easement program under subtitle H of
title XII of the Food Security Act of 1985, as added by section 2301 of this
Act, to continue to carry out contracts referred to in paragraph (1) using the
provisions of law and regulation applicable to such contracts as they existed
on September 30, 2013.
(d)
Effective
date
The amendments made by
this section shall take effect on October 1, 2013.
2705.
Grassland reserve
program
(a)
Repeal
Subchapter D of chapter 2 of subtitle D of
title XII of the Food Security Act of 1985 (16 U.S.C. 3838n et seq.) is
repealed.
(b)
Transitional
provisions
(1)
Effect on existing
contracts
The amendment made
by this section shall not affect the validity or terms of any contract entered
into by the Secretary of Agriculture under subchapter D of chapter 2 of
subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3838n et
seq.) before October 1, 2013, or any payments required to be made in connection
with the contract.
(2)
Funding
The Secretary may use funds made available
to carry out the agricultural conservation easement program under subtitle H of
title XII of the Food Security Act of 1985, as added by section 2301 of this
Act, to continue to carry out contracts referred to in paragraph (1) using the
provisions of law and regulation applicable to such contracts as they existed
on September 30, 2013.
(c)
Effective
date
The amendment made by
this section shall take effect on October 1, 2013.
2706.
Agricultural water
enhancement program
(a)
Repeal
Section 1240I of the Food Security Act of
1985 (16 U.S.C. 3839aa–9) is repealed.
(b)
Transitional
provisions
(1)
Effect on existing
contracts
The amendment made
by this section shall not affect the validity or terms of any contract entered
into by the Secretary of Agriculture under section 1240I of the Food Security
Act of 1985 (16 U.S.C. 3839aa–9) before October 1, 2013, or any payments
required to be made in connection with the contract.
(2)
Funding
The Secretary may use funds made available
to carry out the regional conservation partnership program under subtitle I of
title XII of the Food Security Act of 1985, as added by section 2401 of this
Act, to continue to carry out contracts referred to in paragraph (1) using the
provisions of law and regulation applicable to such contracts as they existed
on September 30, 2013.
(c)
Effective
date
The amendment made by
this section shall take effect on October 1, 2013.
2707.
Wildlife habitat
incentive program
(a)
Repeal
Section 1240N of the Food Security Act of
1985 (16 U.S.C. 3839bb–1) is repealed.
(b)
Transitional
provisions
(1)
Effect on existing
contracts
The amendment made
by this section shall not affect the validity or terms of any contract entered
into by the Secretary of Agriculture under section 1240N of the Food Security
Act of 1985 (16 U.S.C. 3839bb–1) before October 1, 2013, or any payments
required to be made in connection with the contract.
(2)
Funding
The Secretary may use funds made available
to carry out the environmental quality incentives program under chapter 4 of
subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3839aa et
seq.) to continue to carry out contracts referred to in paragraph (1) using the
provisions of law and regulation applicable to such contracts as they existed
on September 30, 2013.
(c)
Effective
date
The amendment made by
this section shall take effect on October 1, 2013.
2708.
Great Lakes basin
program
(a)
Repeal
Section 1240P of the Food Security Act of
1985 (16 U.S.C. 3839bb–3) is repealed.
(b)
Effective
date
The amendment made by
this section shall take effect on October 1, 2013.
2709.
Chesapeake Bay
watershed program
(a)
Repeal
Section 1240Q of the Food Security Act of
1985 (16 U.S.C. 3839bb–4) is repealed.
(b)
Transitional
provisions
(1)
Effect on existing
contracts
The amendment made
by this section shall not affect the validity or terms of any contract entered
into by the Secretary of Agriculture under section 1240Q of the Food Security
Act of 1985 (16 U.S.C. 3839bb–4) before October 1, 2013, or any payments
required to be made in connection with the contract.
(2)
Funding
The Secretary may use funds made available
to carry out the regional conservation partnership program under subtitle I of
title XII of the Food Security Act of 1985, as added by section 2401 of this
Act, to continue to carry out contracts referred to in paragraph (1) using the
provisions of law and regulation applicable to such contracts as they existed
on September 30, 2013.
(c)
Effective
date
The amendment made by
this section shall take effect on October 1, 2013.
2710.
Cooperative
conservation partnership initiative
(a)
Repeal
Section 1243 of the Food Security Act of
1985 (16 U.S.C. 3843) is repealed.
(b)
Transitional
provisions
(1)
Effect on existing
contracts
The amendment made
by this section shall not affect the validity or terms of any contract entered
into by the Secretary of Agriculture under section 1243 of the Food Security
Act of 1985 (16 U.S.C. 3843) before October 1, 2013, or any payments required
to be made in connection with the contract.
(2)
Funding
The Secretary may use funds made available
to carry out the regional conservation partnership program under subtitle I of
title XII of the Food Security Act of 1985, as added by section 2401 of this
Act, to continue to carry out contracts referred to in paragraph (1) using the
provisions of law and regulation applicable to such contracts as they existed
on September 30, 2013.
(c)
Effective
date
The amendment made by
this section shall take effect on October 1, 2013.
2711.
Environmental
easement program
Chapter 3 of
subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3839 et
seq.) is repealed.
2712.
Technical
amendments
(a)
Definitions
Section 1201(a) of the Food Security Act of
1985 (16 U.S.C. 3801(a)) is amended in the matter preceding paragraph (1) by
striking E and inserting I.
(b)
Program
ineligibility
Section 1211(a)
of the Food Security Act of 1985 (16 U.S.C. 3811(a)) is amended by striking
predominate each place it appears and inserting
predominant.
(c)
Specialty crop
producers
Section 1242(i) of
the Food Security Act of 1985 (16 U.S.C. 3842(i)) is amended in the header by
striking Speciality and inserting
Specialty.
III
Trade
A
Food for Peace
Act
3001.
General
authority
Section 201 of the
Food for Peace Act (7 U.S.C. 1721) is amended—
(1) in the matter preceding
paragraph (1), by inserting (to be implemented by the
Administrator) after under this title; and
(2) by striking paragraph (7)
and the second sentence and inserting the following new paragraph:
(7) build resilience to mitigate and prevent
food crises and reduce the future need for emergency
aid.
.
3002.
Support for
organizations through which assistance is provided
Section
202(e)(1) of the Food for Peace Act (7 U.S.C. 1722(e)(1)) is amended by
striking 13 percent and inserting 11
percent.
3003.
Food aid
quality
Section 202(h) of the
Food for Peace Act (7 U.S.C. 1722(h)) is amended—
(1) in paragraph (1)—
(A) in the matter preceding subparagraph
(A)—
(i) by striking The
Administrator shall use funds made available for fiscal year 2009 and
inserting In consultation with the Secretary, the Administrator shall
use funds made available for fiscal year 2013; and
(ii) by inserting to
establish a mechanism after this title;
(B) by striking and at the end
of subparagraph (B); and
(C) by striking subparagraph
(C) and inserting the following new paragraphs:
(C) to evaluate, as necessary, the use of
current and new agricultural commodities and products thereof in different
program settings and for particular recipient groups, including the testing of
prototypes;
(D) to establish and
implement appropriate protocols for quality assurance of food products procured
by the Secretary for food aid programs; and
(E) to periodically update
program guidelines on the recommended use of agricultural commodities and food
products in food aid programs to reflect findings from the implementation of
this subsection and other relevant
information.
;
(2) in paragraph (2), by
striking The Administrator and inserting In consultation
with the Secretary, the Administrator; and
(3) in paragraph (3), by
striking section 207(f) and all that follows through the period
at the end and inserting the following:
section 207(f)—
(A) for fiscal years 2009 through 2013, not
more than $4,500,000 may be used to carry out this subsection; and
(B) for fiscal years 2014 through 2018, not
more than $1,000,000 may be used to carry out this
subsection.
.
3004.
Minimum levels of
assistance
Section 204(a) of
the Food for Peace Act (7 U.S.C. 1724(a)) is amended—
(1) in paragraph (1), by
striking 2012 and inserting 2018; and
(2) in paragraph (2), by striking
2012 and inserting 2018.
3005.
Food Aid
Consultative Group
(a)
Membership
Section 205(b) of the Food for Peace Act (7
U.S.C. 1725(b)) is amended—
(1) by striking
and at the end of paragraph (6);
(2) by redesignating paragraph (7) as paragraph
(8); and
(3) by inserting after
paragraph (6) the following new paragraph:
(7) representatives from the United States
agricultural processing sector involved in providing agricultural commodities
for programs under this Act;
and
.
(b)
Consultation
Section 205(d) of the Food for Peace Act (7
U.S.C. 1725(d)) is amended—
(1) by striking the first
sentence and inserting the following:
(1)
Consultation in advance
of issuance of implementation regulations, handbooks, and
guidelines
Not later than 45
days before a proposed regulation, handbook, or guideline implementing this
title, or a proposed significant revision to a regulation, handbook, or
guideline implementing this title, becomes final, the Administrator shall
provide the proposal to the Group for review and
comment.
;
and
(2) by adding at the end the
following new paragraph:
(2)
Consultation regarding
food aid quality efforts
The
Administrator shall seek input from and consult with the Group on the
implementation of section
202(h).
.
(c)
Reauthorization
Section 205(f) of the Food for Peace Act (7
U.S.C. 1725(f)) is amended by striking 2012 and inserting
2018.
3006.
Oversight,
monitoring, and evaluation
(a)
Regulations and
guidance
Section 207(c) of
the Food for Peace Act (7 U.S.C. 1726a(c)) is amended—
(1) in the subsection
heading, by inserting and
Guidance after Regulations;
(2) in paragraph (1), by
adding at the end the following new sentence: Not later than 270 days
after the date of the enactment of the Federal Agriculture Reform and Risk Management Act of
2013, the Administrator shall issue all regulations and revisions
to agency guidance necessary to implement the amendments made to this title by
such Act.; and
(3) in paragraph (2), by
inserting and guidance after develop
regulations.
(b)
Funding
Section
207(f) of the Food for Peace Act (7 U.S.C. 1726a(f)) is amended—
(1) in paragraph (2)—
(A) by inserting
and at the end of subparagraph (D);
(B) by striking ;
and at the end of subparagraph (E) and inserting the period; and
(C) by striking subparagraph
(F);
(2) by striking paragraphs
(3) and (4); and
(3) by redesignating
paragraphs (5) and (6) as paragraphs (3) and (4), respectively; and
(4) in paragraph (4) (as so
redesignated)—
(A) in subparagraph (A), by
striking 2012 and all that follows through the period at the end
and inserting 2013, and up to $10,000,000 of such funds for each of
fiscal years 2014 through 2018.; and
(B) in subparagraph (B)(i),
by striking 2012 and inserting 2018.
(c)
Implementation
reports
Not later than 270
days after the date of the enactment of this Act, the Administrator of the
Agency for International Development shall submit to the Committee on
Agriculture, Nutrition, and Forestry of the Senate and the Committees on
Agriculture and Foreign Affairs of the House of Representatives a report
describing—
(1) the implementation of section 207(c) of the
Food for Peace Act (7 U.S.C. 1726a(c));
(2) the surveys, studies, monitoring,
reporting, and audit requirements for programs conducted under title II of such
Act (7 U.S.C. 1721 et seq.) by an eligible organization that is a
nongovernmental organization (as such term is defined in section 402 of such
Act (7 U.S.C. 1732)); and
(3) the surveys, studies, monitoring,
reporting, and audit requirements for such programs by an eligible organization
that is an intergovernmental organization, such as the World Food Program or
other multilateral organization.
3007.
Assistance for
stockpiling and rapid transportation, delivery, and distribution of
shelf-stable prepackaged foods
Section 208(f) of the Food for Peace Act (7
U.S.C. 1726b(f)) is amended by striking 2012 and inserting
2018.
3008.
General
provisions
(a)
Impact on Local Farmers
and Economy
Section 403(b) of
the Food for Peace Act (7 U.S.C. 1733(b)) is amended by adding at the end the
following new sentence: The Secretary or the Administrator, as
appropriate, shall seek information, as part of the regular proposal and
submission process, from implementing agencies on the potential benefits to the
local economy of sales of agricultural commodities within the recipient
country..
(b)
Prevention of price
disruptions
Section 403(e) of
the Food for Peace Act (7 U.S.C. 1733(e)) is amended—
(1) in paragraph (2), by striking
reasonable market price and inserting fair market
value; and
(2) by adding at the end the
following new paragraph:
(3)
Coordination on
assessments
The Secretary and
the Administrator shall coordinate in assessments to carry out paragraph (1)
and in the development of approaches to be used by implementing agencies for
determining the fair market value described in paragraph
(2).
.
(c)
Report on use of
funds
Section 403 of the Food
for Peace Act (7 U.S.C. 1733) is amended by adding at the end the following new
subsection:
(m)
Report on use of
funds
Not later than 180 days
after the date of the enactment of the Federal Agriculture Reform and Risk Management Act of
2013, and annually thereafter, the Administrator shall submit to
Congress a report—
(1) specifying the amount of funds (including
funds for administrative costs, indirect cost recovery, and internal
transportation, storage and handling, and associated distribution costs)
provided to each eligible organization that received assistance under this Act
in the previous fiscal year; and
(2) describing how those
funds were used by the eligible
organization.
.
3009.
Prepositioning of
agricultural commodities
Section 407(c)(4) of the Food for Peace Act
(7 U.S.C. 1736a(c)(4)) is amended—
(1) in subparagraph
(A)—
(A) by striking
2012 and inserting 2018; and
(B) by striking for each such fiscal
year not more than $10,000,000 of such funds and inserting for
each of fiscal years 2001 through 2013 not more than $10,000,000 of such funds
and for each of fiscal years 2014 through 2018 not more than $15,000,000 of
such funds; and
(2) by striking subparagraph
(B) and inserting the following new subparagraph:
(B)
Additional
prepositioning sites
The
Administrator may establish additional sites for prepositioning in foreign
countries or change the location of current sites for prepositioning in foreign
countries after conducting, and based on the results of, assessments of need,
the availability of appropriate technology for long-term storage, feasibility,
and
cost.
.
3010.
Annual report
regarding food aid programs and activities
Section 407(f)(1) of the Food for Peace Act
(7 U.S.C. 1736a(f)(1)) is amended—
(1) in the paragraph heading,
by striking agricultural
trade and inserting food aid;
(2) in subparagraph (B)(ii),
by inserting before the semicolon at the end the following: and the
total number of beneficiaries of the project and the activities carried out
through such project; and
(3) in subparagraph (B)(iii)—
(A) in the matter preceding subclause (I), by
inserting , and the total number of beneficiaries in, after
commodities made available to;
(B) by striking
and at the end of subclause (I);
(C) by inserting and at the end
of subclause (II); and
(D) by inserting after
subclause (II) the following new subclause:
(III) the McGovern-Dole International Food for
Education and Child Nutrition Program established by section 3107 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C.
1736o-1);
.
3011.
Deadline for
agreements to finance sales or to provide other assistance
Section 408 of the Food for Peace Act (7
U.S.C. 1736b) is amended by striking 2012 and inserting
2018.
3012.
Authorization of
appropriations
(a)
Authorization of
appropriations
Section
412(a)(1) of the Food for Peace Act (7 U.S.C. 1736f(a)(1)) is amended by
striking for fiscal year 2008 and each fiscal year thereafter,
$2,500,000,000 and inserting $2,500,000,000 for each of fiscal
years 2008 through 2013 and $2,000,000,000 for each of fiscal years 2014
through 2018.
(b)
Minimum level of
nonemergency food assistance
Paragraph (1) of section 412(e) of
the Food for Peace Act (7 U.S.C. 1736f(e)) is amended to read as
follows:
(1)
Funds and
commodities
For each of
fiscal years 2014 through 2018, of the amounts made available to carry out
emergency and nonemergency food assistance programs under title II, not less
than $400,000,000 shall be expended for nonemergency food assistance programs
under such
title.
.
3013.
Micronutrient
fortification programs
(a)
Elimination of obsolete
reference to study
Section
415(a)(2)(B) of the Food for Peace Act (7 U.S.C. 1736g–2(a)(2)(B)) is amended
by striking , using recommendations and all that follows through
quality enhancements.
(b)
Extension
Section 415(c) of the Food for Peace Act (7
U.S.C. 1736g–2(c)) is amended by striking 2012 and inserting
2018.
3014.
John Ogonowski and
Doug Bereuter Farmer-to-Farmer Program
Section 501 of the Food for Peace Act (7
U.S.C. 1737) is amended—
(1) in subsection (d), in the
matter preceding paragraph (1), by striking 2012 and inserting
2013, and not less than the greater of $15,000,000 or 0.5 percent of the
amounts made available for each of fiscal years 2014 through 2018,;
and
(2) in subsection (e)(1), by striking
2012 and inserting 2018.
B
Agricultural Trade Act of
1978
3101.
Funding for export
credit guarantee program
Section 211(b) of the Agricultural Trade Act
of 1978 (7 U.S.C. 5641(b)) is amended by striking 2012 and
inserting 2018.
3102.
Funding for market
access program
Section
211(c)(1)(A) of the Agricultural Trade Act of 1978 (7 U.S.C. 5641(c)(1)(A)) is
amended by striking 2012 and inserting
2018.
3103.
Foreign market
development cooperator program
Section 703(a) of the Agricultural Trade Act
of 1978 (7 U.S.C. 5723(a)) is amended by striking 2012 and
inserting 2018.
C
Other Agricultural Trade
Laws
3201.
Food for Progress
Act of 1985
(a)
Extension
The Food for Progress Act of 1985 (7 U.S.C.
1736o) is amended—
(1) in subsection (f)(3), by striking
2012 and inserting 2018;
(2) in subsection (g), by
striking 2012 and inserting 2018;
(3) in subsection (k), by
striking 2012 and inserting 2018; and
(4) in subsection (l)(1), by
striking 2012 and inserting 2018.
(b)
Repeal of completed
project
Subsection (f) of the
Food for Progress Act of 1985 (7 U.S.C. 1736o) is amended by striking paragraph
(6).
3202.
Bill Emerson
Humanitarian Trust
Section 302
of the Bill Emerson Humanitarian Trust Act (7 U.S.C. 1736f–1) is
amended—
(1) in subsection (b)(2)(B)(i), by striking
2012 both places it appears and inserting 2018;
and
(2) in subsection (h), by striking
2012 both places it appears and inserting
2018.
3203.
Promotion of
agricultural exports to emerging markets
(a)
Direct credits or
export credit guarantees
Section 1542(a) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (Public Law 101–624; 7 U.S.C. 5622 note) is
amended by striking 2012 and inserting
2018.
(b)
Development of
agricultural systems
Section
1542(d)(1)(A)(i) of the Food, Agriculture, Conservation, and Trade Act of 1990
(Public Law 101–624; 7 U.S.C. 5622 note) is amended by striking
2012 and inserting 2018.
3204.
McGovern-Dole
International Food for Education and Child Nutrition Program
(a)
Reauthorization
Section 3107(l)(2) of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 1736o–1(l)(2)) is amended by striking
2012 and inserting 2018.
(b)
Technical
correction
Section 3107(d) of
the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o–1(d)) is
amended by striking to in the matter preceding paragraph
(1).
3205.
Technical
assistance for specialty crops
(a)
Purpose
Section 3205(b) of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 5680(b)) is amended by striking
related barriers to trade and inserting technical
barriers to trade.
(b)
Funding
Section 3205(e)(2) of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 5680(e)(2)) is amended—
(1) by inserting
and at the end of subparagraph (C); and
(2) by striking subparagraphs
(D) and (E) and inserting the following new subparagraph:
(D) $9,000,000 for each of fiscal years 2011
through
2018.
.
3206.
Global Crop
Diversity Trust
Section
3202(c) of the Food, Conservation, and Energy Act of 2008 (Public Law 110–246;
22 U.S.C. 2220a note) is amended by striking section and all
that follows through the period and inserting the
following:
section—
(1) $60,000,000 for the period of fiscal years
2008 through 2013; and
(2) $50,000,000 for the
period of fiscal years 2014 through
2018.
.
3207.
Under Secretary of
Agriculture for Foreign Agricultural Services
(a)
In
general
Subtitle B of the
Department of Agriculture Reorganization Act of 1994 is amended by inserting
after section 225 (7 U.S.C. 6931) the following new section:
225A.
Under Secretary of
Agriculture for Foreign Agricultural Services
(a)
Authorization
The
Secretary is authorized to establish in the Department the position of Under
Secretary of Agriculture for Foreign Agricultural Services.
(b)
Confirmation
required
If the Secretary establishes the position of Under
Secretary of Agriculture for Foreign Agricultural Services under subsection
(a), the Under Secretary shall be appointed by the President, by and with the
advice and consent of the Senate.
(c)
Functions of under
secretary
(1)
Principal
functions
Upon establishment, the Secretary shall delegate to the
Under Secretary of Agriculture for Foreign Agricultural Services those
functions under the jurisdiction of the Department that are related to foreign
agricultural services.
(2)
Additional
functions
The Under Secretary of Agriculture for Foreign
Agricultural Services shall perform such other functions as may be required by
law or prescribed by the Secretary.
(d)
Succession
Any
official who is serving as Under Secretary of Agriculture for Farm and Foreign
Agricultural Services on the date of the enactment of this section and who was
appointed by the President, by and with the advice and consent of the Senate,
shall not be required to be reappointed under subsection (b) or section 225(b)
to the successor position authorized under subsection (a) or section 225(a) if
the Secretary establishes the position, and the official occupies the new
position, with 180 days after the date of the enactment of this section (or
such later date set by the Secretary if litigation delays rapid
succession).
.
(b)
Conforming
amendments
Section 225 of the
Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6931) is
amended—
(1) by striking Under Secretary of
Agriculture for Farm and Foreign Agricultural Services each place it
appears and inserting Under Secretary of Agriculture for Farm
Services; and
(2) in subsection (c)(1), by striking
and foreign agricultural.
(c)
Permanent
authority
Section 296(b) of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 7014(b)) is amended—
(1) in paragraph (6)(C), by
striking or at the end;
(2) in paragraph (7), by
striking the period at the end and inserting a semicolon; and
(3) by adding at the end the
following new paragraph:
(8) the authority of the Secretary to establish
in the Department the position of Under Secretary of Agriculture for Foreign
Agricultural Services in accordance with section
225A;
.
IV
Nutrition
A
Supplemental nutrition
assistance program
4001.
Preventing payment of
cash to recipients of supplemental nutrition assistance benefits for the return
of empty bottles and cans used to contain food purchased with benefits provided
under the program
Section
3(k)(1) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(k)(1)) is
amended—
(1) by striking and hot foods
and inserting hot foods; and
(2) by adding at the end the
following: and any deposit fee in excess of amount of the State fee
reimbursement (if any) required to purchase any food or food product contained
in a returnable bottle or can, regardless of whether such fee is included in
the shelf price posted for such food or food product,.
4002.
Retailers
(a)
Definition of retail
food store
Section 3(p)(1)(A) of the Food and Nutrition Act of
2008 (7 U.S.C. 2012(p)(1)(A)) is amended by striking at least 2
and inserting at least 3.
(b)
Alternative benefit
delivery
Section 7(f) of the Food and Nutrition Act of 2008 (7
U.S.C. 2016(f)) is amended—
(1) by striking paragraph (2)
and inserting the following:
(2)
Imposition of
costs
(A)
In
general
Except as provided in subparagraph (B), the Secretary
shall require participating retailers (including restaurants participating in a
State option restaurant program intended to serve the elderly, disabled, and
homeless) to pay 100 percent of the costs of acquiring, and arrange for the
implementation of, electronic benefit transfer point-of-sale equipment and
supplies.
(B)
Exemptions
The
Secretary may exempt from subparagraph (A)—
(i) farmers’ markets and
other direct-to-consumer markets, military commissaries, nonprofit food buying
cooperatives, and establishments, organizations, programs, or group living
arrangements described in paragraphs (5), (7), and (8) of section 3(k);
and
(ii) establishments described
in paragraphs (3), (4), and (9) of section 3(k), other than restaurants
participating in a State option restaurant
program.
;
and
(2) by adding at the end the
following:
(4)
Termination of manual
vouchers
(A)
In
general
Effective beginning on the effective date of this
paragraph, except as provided in subparagraph (B), no State shall issue manual
vouchers to a household that receives supplemental nutrition assistance under
this Act or allow retailers to accept manual vouchers as payment, unless the
Secretary determines that the manual vouchers are necessary, such as in the
event of an electronic benefit transfer system failure or a disaster
situation.
(B)
Exemptions
The
Secretary may exempt categories of retailers or individual retailers from
subparagraph (A) based on criteria established by the Secretary.
(5)
Unique identification
number required
In an effort
to enhance the antifraud protections of the program, the Secretary shall
require all parties providing electronic benefit transfer services to provide
for and maintain a unique business identification and a unique terminal
identification number information through the supplemental nutrition assistance
program electronic benefit transfer transaction routing system. In developing
the regulations implementing this paragraph, the Secretary shall consider
existing commercial practices for other point-of-sale debit transactions. The
Secretary shall issue proposed regulations implementing this paragraph not
earlier than 2 years after the date of enactment of this
paragraph.
.
(c)
Electronic benefit
transfers
Section 7(h)(3)(B) of the Food and Nutrition Act of
2008 (7 U.S.C. 2016(h)(3)(B)) is amended by striking is
operational— and all that follows through (ii) in the case of
other participating stores, and inserting is
operational.
(d)
Approval of retail food
stores and wholesale food concerns
Section 9 of the Food and Nutrition Act of
2008 (7 U.S.C. 2018) is amended—
(1) in the 2d sentence of subsection (a)(1) by
striking ; and (C) and inserting ; (C) whether the
applicant is located in an area with significantly limited access to food; and
(D); and
(2) by adding at the end the following:
(g)
EBT service
requirement
An approved
retail food store shall provide adequate EBT service as described in section
7(h)(3)(B).
.
4003.
Enhancing services to
elderly and disabled supplemental nutrition assistance program
participants
(a)
Enhancing services to
elderly and disabled program participants
Section 3(p) of the
Food and Nutrition Act of 2008 (7 U.S.C. 2012(p)) is amended—
(1) in paragraph (3) by
striking and at the end,
(2) in paragraph (4) by
striking the period at the end and inserting ; and, and
(3) by inserting after
paragraph (4) the following:
(5) a governmental or private
nonprofit food purchasing and delivery service that—
(A) purchases food for, and
delivers such food to, individuals who are—
(i) unable to shop for food;
and
(ii)
(I) not less than 60 years
of age; or
(II) physically or mentally
handicapped or otherwise disabled;
(B) clearly notifies the
participating household at the time such household places a food order—
(i) of any delivery fee
associated with the food purchase and delivery provided to such household by
such service; and
(ii) that a delivery fee
cannot be paid with benefits provided under supplemental nutrition assistance
program; and
(C) sells food purchased for
such household at the price paid by such service for such food and without any
additional cost
markup.
.
(b)
Implementation
(1)
Issuance of
rules
The Secretary of
Agriculture shall issue regulations that—
(A) establish criteria to
identify a food purchasing and delivery service referred to in section 3(p)(5)
of the Food and Nutrition Act of 2008 as amended by this Act, and
(B) establish procedures to
ensure that such service—
(i) does not charge more for
a food item than the price paid by the such service for such food item,
(ii) offers food delivery
service at no or low cost to households under such Act,
(iii) ensures that benefits
provided under the supplemental nutrition assistance program are used only to
purchase food, as defined in section 3 of such Act,
(iv) limits the purchase of
food, and the delivery of such food, to households eligible to receive services
described in section 3(p)(5) of such Act as so amended,
(v) has established adequate
safeguards against fraudulent activities, including unauthorized use of
electronic benefit cards issued under such Act, and
(vi) such other requirements
as the Secretary deems to be appropriate.
(2)
Limitation
Before the issuance of rules under
paragraph (1) , the Secretary of Agriculture may not approve more than 20 food
purchasing and delivery services referred to in section 3(p)(5) of the Food and
Nutrition Act of 2008 as amended by this Act, to participate as retail food
stores under the supplemental nutrition assistance program.
4004.
Food distribution
program on Indian reservations
Section 4(b)(6)(F) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2013(b)(6)(F)) is amended by striking 2012
and inserting 2018.
4005.
Updating program
eligibility
Section 5 of the
Food and Nutrition Act of 2008 (7 U.S.C. 2014) is amended—
(1) in the 2d sentence of subsection (a) by
striking households in which each member receives benefits and
inserting households in which each member receives cash
assistance, and
(2) in subsection (j) by striking or who
receives benefits under a State program and inserting or who
receives cash assistance under a State program.
4006.
Exclusion of medical
marijuana from excess medical expense deduction
Section 5(e)(5) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2014(e)(5)) is amended by adding at the end the
following:
(C)
Exclusion of medical
marijuana
The Secretary shall
promulgate rules to ensure that medical marijuana is not treated as a medical
expense for purposes of this
paragraph.
.
4007.
Standard utility
allowances based on the receipt of energy assistance payments
(a)
Standard utility
allowances in the supplemental nutrition assistance program
Section 5(e)(6)(C) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2014(e)(6)(C)) is amended—
(1) in clause (i) by
inserting , subject to clause (iv) after
Secretary; and
(2) by striking subclause (I)
of clause (iv) and inserting the following:
(I)
In
general
Subject to subclause (II), if a State agency elects to
use a standard utility allowance that reflects heating and cooling costs, the
standard utility allowance shall be made available to households that received
a payment, or on behalf of which a payment was made, under the Low-Income Home
Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.) or other similar energy
assistance program, if in the current month or in the immediately preceding 12
months, the household either received such payment, or such payment was made on
behalf of the household, that was greater than $20 annually, as determined by
the Secretary.
;
and
(b)
Conforming
amendment
Section 2605(f)(2)(A) of the Low-Income Home Energy
Assistance Act of 1981 (42 U.S.C. 8624(f)(2)(A)) is amended by inserting before
the semicolon the following: , except that, for purposes of the
supplemental nutrition assistance program established under the Food and
Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), such payments or allowances were
greater than $20 annually, consistent with section 5(e)(6)(C)(iv)(I) of that
Act (7 U.S.C. 2014(e)(6)(C)(iv)(I)), as determined by the Secretary of
Agriculture.
(c)
Effective date and
implementation
(1)
In
general
Except as provided in paragraph (2), this section and the
amendments made by this section shall take effect on October 1, 2013, and shall
apply with respect to certification periods that begin after such date.
(2)
State option to delay
implementation for current recipients
A State may, at the option
of the State, implement a policy that eliminates or reduces the effect of the
amendments made by this section on households that received a standard utility
allowance as of the date of enactment of this Act, for not more than a 180-day
period that begins on the date on which such amendments would otherwise apply
to the respective household.
4008.
Eligibility
disqualifications
Section
6(e)(3)(B) of Food and Nutrition Act of 2008 (7 U.S.C. 2015(e)(3)(B)) is
amended by striking section; and inserting the following:
section, subject to the condition that the course or program of
study—
(i) is part of a program of
career and technical education (as defined in section 3 of the Carl D. Perkins
Career and Technical Education Act of 2006 (20 U.S.C. 2302)) that may be
completed in not more than 4 years at an institution of higher education (as
defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002));
or
(ii) is limited to remedial
courses, basic adult education, literacy, or English as a second
language;
.
4009.
Ending supplemental
nutrition assistance program benefits for lottery or gambling winners
(a)
In
general
Section 6 of the Food and Nutrition Act of 2008 (7 U.S.C.
2015) is amended by adding at the end the following:
(r)
Ineligibility for
benefits due to receipt of substantial lottery or gambling winnings
(1)
In
general
Any household in which a member receives substantial
lottery or gambling winnings, as determined by the Secretary, shall lose
eligibility for benefits immediately upon receipt of the winnings.
(2)
Duration of
ineligibility
A household described in paragraph (1) shall remain
ineligible for participation until the household meets the allowable financial
resources and income eligibility requirements under subsections (c), (d), (e),
(f), (g), (i), (k), (l), (m), and (n) of section 5.
(3)
Agreements
As
determined by the Secretary, each State agency, to the maximum extent
practicable, shall establish agreements with entities responsible for the
regulation or sponsorship of gaming in the State to determine whether
individuals participating in the supplemental nutrition assistance program have
received substantial lottery or gambling
winnings.
.
(b)
Conforming
amendments
Section 5(a) of the Food and Nutrition Act of 2008 (7
U.S.C. 2014(a)) is amended in the 2d sentence by striking sections 6(b),
6(d)(2), and 6(g) and inserting subsections (b), (d)(2), (g),
and (r) of section 6.
4010.
Improving security
of food assistance
Section
7(h)(8) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(h)(8)) is
amended—
(1) in the heading by
striking card
fee and inserting of cards;
(2) by striking A
State and inserting the following:
(A)
Fees
A
State
;
and
(3) by adding after
subparagraph (A) (as so designated by paragraph (2)) the following:
(B)
Purposeful loss of
cards
(i)
In
general
Subject to terms and conditions established by the
Secretary in accordance with clause (ii), if a household makes excessive
requests for replacement of the electronic benefit transfer card of the
household, the Secretary may require a State agency to decline to issue a
replacement card to the household unless the household, upon request of the
State agency, provides an explanation for the loss of the card.
(ii)
Requirements
The
terms and conditions established by the Secretary shall provide that—
(I) the household be given
the opportunity to provide the requested explanation and meet the requirements
under this paragraph promptly;
(II) after an excessive
number of lost cards, the head of the household shall be required to review
program rights and responsibilities with State agency personnel authorized to
make determinations under section 5(a); and
(III) any action taken,
including actions required under section 6(b)(2), other than the withholding of
the electronic benefit transfer card until an explanation described in
subclause (I) is provided, shall be consistent with the due process protections
under section 6(b) or 11(e)(10), as appropriate.
(C)
Protecting vulnerable
persons
In implementing this paragraph, a State agency shall act
to protect homeless persons, persons with disabilities, victims of crimes, and
other vulnerable persons who lose electronic benefit transfer cards but are not
intentionally committing fraud.
(D)
Effect on
eligibility
While a State may decline to issue an electronic
benefits transfer card until a household satisfies the requirements under this
paragraph, nothing in this paragraph shall be considered a denial of, or
limitation on, the eligibility for benefits under section
5.
.
4011.
Demonstration
projects on acceptance of benefits of mobile transactions
Section 7(h) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2016(h)) is amended by adding at the end the
following:
(14)
Demonstration projects
on acceptance of benefits of mobile transactions
(A)
In
general
The Secretary shall pilot the use of mobile technologies
determined by the Secretary to be appropriate to test the feasibility and
implications for program integrity, by allowing retail food stores, farmers
markets, and other direct producer-to-consumer marketing outlets to accept
benefits from recipients of supplemental nutrition assistance through mobile
transactions.
(B)
Demonstration
projects
To be eligible to participate in a demonstration project
under subsection (a), a retail food store, farmers market, or other direct
producer-to-consumer marketing outlet shall submit to the Secretary for
approval a plan that includes—
(i) a description of the
technology;
(ii) the manner by which the
retail food store, farmers market or other direct producer-to-consumer
marketing outlet will provide proof of the transaction to households;
(iii) the provision of data
to the Secretary, consistent with requirements established by the Secretary, in
a manner that allows the Secretary to evaluate the impact of the demonstration
on participant access, ease of use, and program integrity; and
(iv) such other criteria as
the Secretary may require.
(C)
Date of
completion
The demonstration projects under this paragraph shall
be completed and final reports submitted to the Secretary by not later than
July 1, 2016.
(D)
Report to
congress
The Secretary shall submit a report to the Committee on
Agriculture of the House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate that includes a finding, based on the
data provided under subparagraph (C) whether or not implementation in all
States is in the best interest of the supplemental nutrition assistance
program.
.
4012.
Use of benefits for
purchase of community-supported agriculture share
Section 10 of the Food and Nutrition Act of
2008 (7 U.S.C. 2019) is amended in the 1st sentence by inserting
agricultural producers who market agricultural products directly to
consumers shall be authorized to redeem benefits for the initial cost of the
purchase of a community-supported agriculture share, after food
so purchased,.
4013.
Restaurant meals
program
(a)
In
general
Section 11(e) of the
Food and Nutrition Act of 2008 (7 U.S.C. 2020(e)) is amended—
(1) in paragraph (22) by striking
and at the end;
(2) in paragraph (23)(C) by striking the period
at the end and inserting ; and; and
(3) by adding at the end the following:
(24) if the State elects to carry out a program
to contract with private establishments to offer meals at concessional prices,
as described in paragraphs (3), (4), and (9) of section 3(k)—
(A) the plans of the State agency for operating
the program, including—
(i) documentation of a need
that eligible homeless, elderly, and disabled clients are underserved in a
particular geographic area;
(ii) the manner by which the
State agency will limit participation to only those private establishments that
the State determines necessary to meet the need identified in clause (i);
and
(iii) any other conditions
the Secretary may prescribe, such as the level of security necessary to ensure
that only eligible recipients participate in the program; and
(B) a report by the State
agency to the Secretary annually, the schedule of which shall be established by
the Secretary, that includes—
(i) the number of households
and individual recipients authorized to participate in the program, including
any information on whether the individual recipient is elderly, disabled, or
homeless; and
(ii) an assessment of whether
the program is meeting an established need, as documented under subparagraph
(A)(i).
.
(b)
Approval of retail food
stores and wholesale food concerns
Section 9 of the Food and
Nutrition Act of 2008 (7 U.S.C. 2018) is amended by adding at the end the
following:
(h)
Private
establishments
(1)
In
general
Subject to paragraph (2), no private establishment that
contracts with a State agency to offer meals at concessional prices as
described in paragraphs (3), (4), and (9) of section 3(k) may be authorized to
accept and redeem benefits unless the Secretary determines that the
participation of the private establishment is required to meet a documented
need in accordance with section 11(e)(24).
(2)
Existing
contracts
(A)
In
general
If, on the day before the effective date of this
subsection, a State has entered into a contract with a private establishment
described in paragraph (1) and the Secretary has not determined that the
participation of the private establishment is necessary to meet a documented
need in accordance with section 11(e)(24), the Secretary shall allow the
operation of the private establishment to continue without that determination
of need for a period not to exceed 180 days from the date on which the
Secretary establishes determination criteria, by regulation, under section
11(e)(24).
(B)
Justification
If
the Secretary determines to terminate a contract with a private establishment
that is in effect on the effective date of this subsection, the Secretary shall
provide justification to the State in which the private establishment is
located for that termination.
(3)
Report to
Congress
Not later than 90 days after September 30, 2014, and 90
days after the last day of each fiscal year thereafter, the Secretary shall
report to the Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate on the
effectiveness of a program under this subsection using any information received
from States under section 11(e)(24) as well as any other information the
Secretary may have relating to the manner in which benefits are
used.
.
(c)
Conforming
amendments
Section 3(k) of the Food and Nutrition Act of 2008 (7
U.S.C. 2012(k)) is amended by inserting subject to section 9(h)
after concessional prices each place it appears.
4014.
Mandating State
immigration verification
Section 11(p) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2020(p)) is amended to read as follows:
(p)
State verification
option
In carrying out the
supplemental nutrition assistance program, a State agency shall be required to
use an income and eligibility, or an immigration status, verification system
established under section 1137 of the Social Security Act (42 U.S.C. 1320b–7),
in accordance with standards set by the
Secretary.
.
4015.
Data exchange
standardization for improved interoperability
(a)
Data Exchange
Standardization
Section 11 of
the Food and Nutrition Act of 2008 (7 U.S.C. 2020) is amended by adding at the
end the following:
(v)
Data exchange
standardization for improved interoperability
(1)
Data exchange
standards
(A)
Designation
The
Secretary, in consultation with an interagency work group which shall be
established by the Office of Management and Budget, and considering State
perspectives, shall, by rule, designate a data exchange standard for any
category of information required to be reported under this Act.
(B)
Data exchange standards
must be nonproprietary and interoperable
The data exchange
standard designated under subparagraph (A) shall, to the extent practicable, be
nonproprietary and interoperable.
(C)
Other
requirements
In designating data exchange standards under this
subsection, the Secretary shall, to the extent practicable, incorporate—
(i) interoperable standards
developed and maintained by an international voluntary consensus standards
body, as defined by the Office of Management and Budget, such as the
International Organization for Standardization;
(ii) interoperable standards
developed and maintained by intergovernmental partnerships, such as the
National Information Exchange Model; and
(iii) interoperable standards
developed and maintained by Federal entities with authority over contracting
and financial assistance, such as the Federal Acquisition Regulatory
Council.
(2)
Data exchange standards
for reporting
(A)
Designation
The
Secretary, in consultation with an interagency work group established by the
Office of Management and Budget, and considering State perspectives, shall, by
rule, designate data exchange standards to govern the data reporting required
under this part.
(B)
Requirements
The
data exchange standards required by subparagraph (A) shall, to the extent
practicable—
(i) incorporate a
widely-accepted, nonproprietary, searchable, computer-readable format;
(ii) be consistent with and
implement applicable accounting principles; and
(iii) be capable of being
continually upgraded as necessary.
(C)
Incorporation of
nonproprietary standards
In designating reporting standards under
this subsection, the Secretary shall, to the extent practicable, incorporate
existing nonproprietary standards, such as the eXtensible Markup
Language.
.
(b)
Effective
Dates
(1)
Data exchange
standards
The Secretary of Agriculture shall issue a proposed
rule under section 11(v)(1) of the Food and Nutrition Act of 2008 within 12
months after the effective date of this section, and shall issue a final rule
under such section after public comment, within 24 months after such effective
date.
(2)
Data reporting
standards
The reporting standards required under section 11(v)(2)
of such Act shall become effective with respect to reports required in the
first reporting period, after the effective date of the final rule referred to
in paragraph (1) of this subsection, for which the authority for data
collection and reporting is established or renewed under the Paperwork
Reduction Act.
4016.
Pilot projects to
improve Federal-State cooperation in identifying and reducing fraud in the
supplemental nutrition assistance program
Section 12 of the Food and Nutrition Act of
2008 (7 U.S.C. 2021) is amended by adding at the end the following:
(i)
Pilot projects to
improve Federal-State cooperation in identifying and reducing fraud in the
supplemental nutrition assistance program
(1)
In
general
The Secretary shall carry out, under such terms and
conditions as determined by the Secretary, pilot projects to test innovative
Federal-State partnerships to identify, investigate, and reduce retailer fraud
in the supplemental nutrition assistance program, including allowing States to
operate retail Food Store investigation programs.
(2)
Selection
criteria
Pilot projects shall be selected based on criteria the
Secretary establishes, which shall include—
(A) enhancing existing
efforts by the Secretary to reduce retailer fraud;
(B) requiring participant
States to maintain their overall level of effort at addressing recipient fraud,
as determined by the Secretary, prior to participation in the pilot
project;
(C) collaborating with other
law enforcement authorities as necessary to carry out an effective pilot
project;
(D) commitment of the
participant State agency to follow Federal rules and procedures with respect to
retailer investigations; and
(E) the extent to which a
State has committed resources to recipient fraud and the relative success of
those efforts.
(3)
Evaluation
(A) The Secretary shall
evaluate the projects selected under this subsection to measure the impact of
the pilot projects.
(B) Such evaluation shall
include—
(i) each pilot project’s
impact on increasing the Secretary’s capacity to address retailer fraud;
(ii) the effectiveness of the
pilot projects in identifying, preventing and reducing retailer fraud;
and
(iii) the cost effectiveness
of such pilot projects.
(4)
Report to
congress
Not later than September 30, 2017, the Secretary shall
submit to the Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition and Forestry of the Senate, a report that
includes a description of the results of each pilot project, including an
evaluation of the impact of the project on retailer fraud and the costs
associated with each pilot project.
(5)
Funding
Any
costs incurred by the State to operate the pilot projects in excess of the
amount expended under this Act for retailer fraud in the respective State in
the previous fiscal year shall not be eligible for Federal reimbursement under
this
Act.
.
4017.
Prohibiting
government-sponsored recruitment activities
(a)
Administrative
cost-sharing and quality control
Section 16(a)(4) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2025(a)(4)) is amended by inserting after
recruitment activities the following: designed to
persuade an individual to apply for program benefits or that promote the
program via television, radio, or billboard advertisements.
(b)
Limitation on use of
funds authorized to be appropriated under Act
Section 18 of the Food and Nutrition Act of
2008 (7 U.S.C. 2027) is amended by adding at the end the following:
(g)
Ban on recruitment and
promotion activities
(1) Except as provided in paragraph (2), no
funds authorized to be appropriated under this Act shall be used by the
Secretary for—
(A) recruitment activities
designed to persuade an individual to apply for supplemental nutrition
assistance program benefits;
(B) television, radio, or billboard
advertisements that are designed to promote supplemental nutrition assistance
program benefits and enrollment; or
(C) any agreements with foreign governments
designed to promote supplemental nutrition assistance program benefits and
enrollment.
(2) Paragraph (1)(B) shall
not apply to programmatic activities undertaken with respect to benefits made
available in response to a natural
disaster.
.
(c)
Ban on recruitment
activities by entities that receive funds
Section 18 of the Food and Nutrition Act of
2008 (7 U.S.C. 2027) is amended by adding at the end the following :
(h)
Ban on recruitment by
entities that receive funds
The Secretary shall issue regulations that
forbid entities that receive funds under this Act to compensate any person for
conducting outreach activities relating to participation in, or for recruiting
individuals to apply to receive benefits under, the supplemental nutrition
assistance program if the amount of such compensation would be based on the
number of individuals who apply to receive such benefits.
.
4018.
Repeal of bonus
program
Section 16(d) of the
Food and Nutrition Act of 2008 (7 U.S.C. 2025(d)) is repealed.
4019.
Funding of employment
and training programs
Section
16(h)(1)(A) of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(h)(1)(A)) is
amended by striking $90,000,000 and all that follows through
$79,000,000, and inserting $79,000,000 for each fiscal
year.
4020.
Monitoring employment
and training programs
(a)
Reporting
measures
Section 16(h)(5) of the Food and Nutrition Act of 2008
(7 U.S.C. 2025(h)(5)) is amended to read:
(5)
(A)
In
general
The Secretary shall monitor the employment and training
programs carried out by State agencies under section 6(d)(4) and assess their
effectiveness in—
(i) preparing members of
households participating in the supplemental nutrition assistance program for
employment, including the acquisition of basic skills necessary for employment;
and
(ii) increasing the numbers
of household members who obtain and retain employment subsequent to their
participation in such employment and training programs.
(B)
Reporting
measures
The Secretary, in consultation with the Secretary of
Labor, shall develop reporting measures that identify improvements in the
skills, training education or work experience of members of households
participating in the supplemental nutrition assistance program. Measures shall
be based on common measures of performance for federal workforce training
programs, so long as they reflect the challenges facing the types of members of
households participating in the supplemental nutrition assistance program who
participate in a specific employment and training component. The Secretary
shall require that each State employment and training plan submitted under
section 11(3)(19) identify appropriate reporting measures for each of their
proposed components that serve at least 100 people. Such measures may
include:
(i) the percentage and number
of program participants who received employment and training services and are
in unsubsidized employment subsequent to the receipt of those services;
(ii) the percentage and
number of program participants who obtain a recognized postsecondary
credential, including a registered apprenticeship, or a regular secondary
school diploma or its recognized equivalent, while participating in or within 1
year after receiving employment and training services;
(iii) the percentage and
number of program participants who are in an education or training program that
is intended to lead to a recognized postsecondary credential, including a
registered apprenticeship or on-the-job training program, a regular secondary
school diploma or its recognized equivalent, or unsubsidized employment;
(iv) subject to the terms and
conditions set by the Secretary, measures developed by each State agency to
assess the skills acquisition of employment and training program participants
that reflect the goals of their specific employment and training program
components, which may include, but are not limited to—
(I) the percentage and number
of program participants who are meeting program requirements in each component
of the State’s education and training program; and
(II) the percentage and
number of program participants who are gaining skills likely to lead to
employment as measured through testing, quantitative or qualitative assessment
or other method; and
(v) other indicators as
approved by the Secretary.
(C)
State
report
Each State agency shall annually prepare and submit to the
Secretary a report on the State’s employment and training program that includes
the numbers of supplemental nutrition assistance program participants who have
gained skills, training, work or experience that will increase their ability to
obtain regular employment using measures identified in subparagraph (B).
(D)
Modifications to the
state employment and training plan
Subject to the terms and
conditions established by the Secretary, if the Secretary determines that the
state agency’s performance with respect to employment and training outcomes is
inadequate, the Secretary may require the State agency to make modifications to
their employment and training plan to improve such outcomes.
(E)
Periodic
evaluation
(i)
In
general
Subject to terms and conditions established by the
Secretary, not later than October 1, 2016, and not less frequently than once
every 5 years thereafter, the Secretary shall conduct a study to review
existing practice and research to identify employment and training program
components and practices that—
(I) effectively assist
members of households participating in the supplemental nutrition assistance
program in gaining skills, training, work, or experience that will increase
their ability to obtain regular employment, and
(II) are best integrated with
statewide workforce development systems.
(ii)
Report to
congress
The Secretary shall submit a report that describes the
results of the study under clause (i) to the Committee on Agriculture in the
House of Representatives, and the Committee on Agriculture, Nutrition and
Forestry in the
Senate.
.
(b)
Effective
date
Notwithstanding section 4(c) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2013(a)), the Secretary shall issue interim final regulations
implementing the amendment made by subsection (a) no later than 18 months after
the date of enactment of this Act. States shall include such reporting measures
in their employment and training plans for the 1st fiscal year thereafter that
begins no sooner than 6 months after the date that such regulations are
published.
4021.
Cooperation with
program research and evaluation
Section 17 of the Food and Nutrition Act of
2008 (7 U.S.C. 2026) is amended by adding at the end the following:
(l)
Cooperation with
program research and evaluation
States, State agencies, local
agencies, institutions, facilities such as data consortiums, and contractors
participating in programs authorized under this Act shall cooperate with
officials and contractors acting on behalf of the Secretary in the conduct of
evaluations and studies under this Act and shall submit information at such
time and in such manner as the Secretary may
require.
.
4022.
Pilot projects to
reduce dependency and increase work effort in the supplemental nutrition
assistance program
Section 17
of the Food and Nutrition Act of 2008 (7 U.S.C. 2026), as amended by section
4021, is amended by adding at the end the following:
(m)
Pilot projects to
reduce dependency and increase work effort in the supplemental nutrition
assistance program
(1)
In
general
The Secretary shall carry out, under such terms and
conditions as the Secretary considers to be appropriate, pilot projects to
identify best practices for employment and training programs under this Act to
raise the number of work registrants who obtain unsubsidized employment,
increase their earned income, and reduce their reliance on public assistance,
including but not limited to the supplemental nutrition assistance
program.
(2)
Selection
criteria
Pilot projects shall be selected based on criteria the
Secretary establishes, that shall include—
(A) enhancing existing
employment and training programs in the State;
(B) agreeing to participate
in the evaluation described in paragraph (3), including making available data
on participants’ employment activities and post-participation employment,
earnings, and public benefit receipt;
(C) collaborating with the
State workforce board and other job training programs in the State and local
area;
(D) the extent to which the
pilot project’s components can be easily replicated by other States or
political subdivisions; and
(E) such additional criteria
that ensure that the pilot projects—
(i) target a variety of
populations of work registrants, including childless adults, parents, and
individuals with low skills or limited work experience;
(ii) are selected from a
range of existing employment and training programs including programs that
provide—
(I) section 20
workfare;
(II) skills development for
work registrants with limited employment history;
(III) post-employment support
services necessary for maintaining employment; and
(IV) education leading to a
recognized postsecondary credential, registered apprenticeship, or secondary
school diploma or its equivalent;
(iii) are located in a range
of geographic areas, including rural, urban, and Indian reservations;
and
(iv) include participants who
are exempt and not exempt under section (6)(d)(2).
(3)
Evaluation
The
Secretary shall provide for an independent evaluation of projects selected
under this subsection to measure the impact of the pilot projects on the
ability of each pilot project target population to find and retain employment
that leads to increased household income and reduced dependency, compared to
what would have occurred in the absence of the pilot project.
(4)
Report to
congress
By September 30, 2017, the Secretary shall submit, to
the Committee on Agriculture of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the Senate, a report that includes a
description of—
(A) the results of each pilot
project, including an evaluation of the impact of the project on the
employment, income, and public benefit receipt of the targeted population of
work registrants;
(B) the Federal, State, and
other costs of each pilot project;
(C) the planned dissemination
of the reports’ findings with State agencies; and
(D) the steps and funding
necessary to incorporate components of pilot projects that demonstrate
increased employment and earnings into State employment and training
programs.
(5)
Funding
From
amounts made available to under section 18(a)(1), the Secretary shall make
$10,000,000 available for each of the fiscal years 2014, 2015, and 2016 to
carry out this subsection. Such amounts shall remain available until
expended.
(6)
Use of funds
(A) Funds provided under this
subsection for pilot projects shall be used only for—
(i) pilot projects that
comply with the provisions of this Act;
(ii) the costs and
administration of the pilot projects;
(iii) the costs incurred in
providing information and data to the independent evaluation under paragraph
(3); and
(iv) the costs of the
evaluation under paragraph (3).
(B) Funds made available
under this subsection may not be used to supplant non-Federal funds used for
existing employment and training
activities.
.
4023.
Authorization of
appropriations
Section
18(a)(1) of the Food and Nutrition Act of 2008 (7 U.S.C. 2027(a)(1)) is amended
in the 1st sentence by striking 2012 and inserting
2018.
4024.
Limitation on use of
block grant to Puerto Rico
Section 19(a)(2)(B) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2028(a)(2)(B)) is amended by adding at the end
the following:
(iii)
Limitation on use of
funds
None of the funds made
available to the Commonwealth of Puerto Rico under this subparagraph may be
used to provide nutrition assistance in the form of cash
benefits.
.
4025.
Assistance for
community food projects
(a)
Definition
Section 25(a)(1)(B)(i) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2034(a)(1)(B)(i)) is amended—
(1) in subclause (II) by
striking and at the end;
(2) in subclause (III) by
striking or at the end and inserting and;
and
(3) by adding at the end the
following:
(IV) to provide incentives for the consumption
of fruits and vegetables among low-income individuals;
or
.
(b)
Additional
funding
Section 25(b) of the
Food and Nutrition Act of 2008 (7 U.S.C. 2034) is amended by adding at the end
the following:
(3)
Funding
(A)
In
general
Out of any funds in
the Treasury not otherwise appropriated, the Secretary of the Treasury shall
transfer to the Secretary to carry out this section not less than $10,000,000
for fiscal year 2014 and each fiscal year thereafter. Of the amount made
available under this subparagraph for each such fiscal year, $5,000,000 shall
be available to carry out subsection (a)(1)(B)(I)(IV).
(B)
Receipt and
acceptance
The Secretary shall be entitled to receive, shall
accept, and shall use to carry out this section, the funds transferred under
subparagraph (A) without further appropriation.
(C)
Maintenance of
funding
The funding provided under subparagraph (A) shall
supplement (and not supplant) other Federal funding made available to the
Secretary to carry out this
section.
.
4026.
Emergency food
assistance
(a)
Purchase of
commodities
Section 27(a) of the Food and Nutrition Act of 2008
(7 U.S.C. 2036(a)) is amended—
(1) in paragraph (1) by
striking 2008 through 2012 and inserting 2013 through
2018;
(2) in paragraph (2)—
(A) by striking subparagraphs
(A) and (B) and inserting the following:
(A) for fiscal year 2013,
$265,750,000;
(B) for fiscal year 2014 the
dollar amount of commodities specified in subparagraph (A) adjusted by the
percentage by which the thrifty food plan has been adjusted under section
3(u)(4) between June 30, 2012 and June 30, 2013, and subsequently increased by
$20,000,000;
;
and
(B) in subparagraph
(C)—
(i) by striking 2010
through 2012, the dollar amount of commodities specified in and
inserting 2015 through 2018, the total amount of commodities
under; and
(ii) by striking
2008 and inserting 2013; and
(3) by adding at the end the
following:
(3)
Funds
availability
For purposes of
the funds described in this subsection, the Secretary shall—
(A) make the funds available
for 2 fiscal years; and
(B) allow States to carry
over unexpended balances to the next fiscal year pursuant to such terms and
conditions as are determined by the
Secretary.
.
(b)
Emergency food program
infrastructure grants
Section
209(d) of the Emergency Food Assistance Act of 1983 (7 U.S.C. 7511a(d)) is
amended by striking 2012 and inserting
2018.
4027.
Nutrition
education
Section 28 of the
Food and Nutrition Act of 2008 (7 U.S.C. 2036a) is amended—
(1) in subsection (b) by
inserting and physical activity after healthy food
choices; and
(2) in subsection
(d)(1)—
(A) in subparagraph (D) by
striking $401,000,000; and inserting $375,000,000;
and;
(B) by striking subparagraph (E); and
(C) in subparagraph (F) by
striking (F) for fiscal year 2016 and inserting (E) for
fiscal year 2015.
4028.
Retailer
trafficking
The Food and
Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) is amended by adding at the end
the following:
29.
Retailer
trafficking
(a)
Purpose
The
purpose of this section is to provide the Department of Agriculture with
additional resources to prevent trafficking in violation of this Act by
strengthening recipient and retailer program integrity. Additional funds are
provided to supplement the Department’s payment accuracy, and retailer and
recipient integrity activities.
(b)
Funding
(1)
In
general
Out of any funds in the Treasury not otherwise
appropriated, the Secretary of the Treasury shall transfer to the Secretary to
carry out this section not less than $5,000,000 for fiscal year 2014 and each
fiscal year thereafter.
(2)
Receipt and
acceptance
The Secretary shall be entitled to receive, shall
accept, and shall use to carry out this section the funds transferred under
paragraph (1) without further appropriation.
(3)
Maintenance of
funding
The funding provided under paragraph (1) shall supplement
(and not supplant) other Federal funding for programs carried out under this
Act.
.
4029.
Technical and
conforming amendments
(a) Section 3 of the Food and
Nutrition Act of 2008 (7 U.S.C. 2012) is amended—
(1) in subsection (g) by
striking coupon, the last place it appears and inserting
coupon;
(2) in subsection (k)(7) by
striking or are and inserting and;
(3) by striking subsection
(l);
(4) by redesignating
subsections (m) through (t) as subsections (l) through (s), respectively;
and
(5) by inserting after
subsection (s) (as so redesignated) the following:
(t) Supplemental
nutritional assistance program means the program operated pursuant to
this
Act.
.
(b) Section 4(a) of the Food
and Nutrition Act of 2008 (7 U.S.C. 2013(a)) is amended by striking
benefits the last place it appears and inserting
Benefits.
(c) Section 5 of the Food and
Nutrition Act of 2008 (7 U.S.C. 2014) is amended—
(1) in the last sentence of
subsection (i)(2)(D) by striking section 13(b)(2) and inserting
section 13(b); and
(2) in subsection (k)(4)(A)
by striking paragraph (2)(H) and inserting paragraph
(2)(G).
(d) Section 6(d)(4) of the
Food and Nutrition Act of 2008 (7 U.S.C. 2015(d)(4)) is amended—
(1) in subparagraph (B)(vii)
by moving the left margin 4 ems to the left, and
(2) in subparagraph (F)(iii)
by moving the left margin 6 ems to the left.
(e) Section 7(h) of the Food
and Nutrition Act of 2008 (7 U.S.C. 2016(h)) is amended by redesignating the 2d
paragraph (12) as paragraph (13).
(f) Section 12 of the Food
and Nutrition Act of 2008 (7 U.S.C. 2021) is amended—
(1) in subsection (b)(3)(C)
by striking civil money penalties and inserting civil
penalties; and
(2) in subsection (g)(1) by
striking (7 U.S.C. 1786) and inserting (42 U.S.C.
1786).
(g) Section 15(b)(1) of the
Food and Nutrition Act of 2008 (7 U.S.C. 2024(b)(1)) is amended in the 1st
sentence by striking an benefit both places it appears and
inserting a benefit.
(h) Section 16(a) of the Food
and Nutrition Act of 2008 (7 U.S.C. 2025(a)) is amended in the proviso
following paragraph (8) by striking , as amended..
(i) Section 18(e) of the Food
and Nutrition Act of 2008 (7 U.S.C. 2027(e)) is amended in the 1st sentence by
striking sections 7(f) and inserting section
7(f).
(j) Section 22(b)(10)(B)(i)
of the Food and Nutrition Act of 2008 (7 U.S.C. 2031(b)(10)(B)(i)) is amended
in the last sentence by striking Food benefits and inserting
Benefits.
(k) Section 26(f)(3)(C) of
the Food and Nutrition Act of 2008 (7 U.S.C. 2035(f)(3)(C)) is amended by
striking subsection and inserting
subsections.
(l) Section 27(a)(1) of the
Food and Nutrition Act of 2008 (7 U.S.C. 2036(a)(1)) is amended by striking
(Public Law 98–8; 7 U.S.C. 612c note) and inserting (7
U.S.C. 7515).
(m) Section 509 of the Older
Americans Act of 1965 (42 U.S.C. 3056g) is amended in the section heading by
striking food stamp
programs and inserting supplemental nutrition assistance
program.
(n) Section 4115(c)(2)(H) of
the Food, Conservation, and Energy Act of 2008 (Public Law 110–246; 122 Stat.
1871) is amended by striking 531 and inserting
454.
(o) Section 3803(c)(2)(C)(vii) of title 31 of
the United States Code is amended by striking section 3(l) and
inserting section 3(s).
(p) Section 115 of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (Public Law 104–193) is
amended—
(1) in subsection (a)(2) by
striking section 3(l) and inserting section
3(s);
(2) in subsection (b)(2) by striking
section 3(l) and inserting section 3(s);
and
(3) in subsection (e)(2) by striking
section 3(l) and inserting section 3(s).
(q) The Agriculture and
Consumer Protection Act of 1973 (7 U.S.C. 612c) is amended—
(1) in section 4(a) by
striking Food Stamp Act of 1977 and inserting Food and
Nutrition Act of 2008; and
(2) in section 5—
(A) in subsection (i)(1) by striking
Food Stamp Act of 1977 and inserting Food and Nutrition
Act of 2008; and
(B) in subsection (l)(2)(B) by striking
Food Stamp Act of 1977 and inserting Food and Nutrition
Act of 2008.
(r) The Social Security Act
(42 U.S.C. 301 et seq.) is amended—
(1) in the heading of section
453(j)(10) by striking food stamp and inserting
supplemental nutrition
assistance;
(2) in section 1137—
(A) in subsection (a)(5)(B)
by striking food stamp and inserting supplemental
nutrition assistance; and
(B) in subsection (b)(4) by
striking food stamp program under the Food Stamp Act of 1977 and
inserting supplemental nutrition assistance program under the Food and
Nutrition Act of 2008; and
(3) in the heading of section
1631(n) by striking food stamp and inserting
supplemental
nutrition assistance.
4030.
Tolerance level for
excluding small errors
The
Secretary shall set the tolerance level for excluding small errors for the
purposes of section 16(c) of the Food and Nutrition Act of 2008 (7 U.S.C.
2025(c))—
(1) for fiscal year 2014 at
an amount no greater than $25; and
(2) for each fiscal year thereafter, the amount
specified in paragraph (1) adjusted by the percentage by which the thrifty food
plan is adjusted under section 3(u)(4) of such Act between June 30, 2012, and
June 30 of the immediately preceding fiscal year.
4031.
Commonwealth of the
Northern Mariana Islands pilot program
(a)
Study
(1)
In
general
Prior to establishing the pilot program under subsection
(b), the Secretary shall conduct a study to be completed not later than 2 years
after the effective date of this section to assess—
(A) the capabilities of the Commonwealth of the
Northern Mariana Islands to operate the supplemental nutrition assistance
program in the same manner in which the program is operated in the States (as
defined in section 3 of the Food and Nutrition Act (7 U.S.C. 2011 et seq));
and
(B) alternative models of the
supplemental nutrition assistance program operation and benefit delivery that
best meet the nutrition assistance needs of the Commonwealth of the Northern
Mariana Islands.
(2)
Scope
The
study conducted under paragraph (1)(A) will assess the capability of the
Commonwealth to fulfill the responsibilities of a State agency,
including—
(A) extending and limiting
participation to eligible households, as prescribed by sections 5 and 6 of the
Act;
(B) issuing benefits through
EBT cards, as prescribed by section 7 of the Act;
(C) maintaining the integrity
of the program, including operation of a quality control system, as prescribed
by section 16(c) of the Act;
(D) implementing work
requirements, including operating an employment and training program, as
prescribed by section 6(d) of the Act; and
(E) paying a share of
administrative costs with non-Federal funds, as prescribed by section 16(a) of
the Act.
(b)
Establishment
If
the Secretary determines that a pilot program is feasible, the Secretary shall
establish a pilot program for the Commonwealth of the Northern Mariana Islands
to operate the supplemental nutrition assistance program in the same manner in
which the program is operated in the States.
(c)
Scope
The
Secretary shall utilize the information obtained from the study conducted under
subsection (a) to establish the scope of the pilot program established under
subsection (b).
(d)
Report
Not
later than June 30, 2019, the Secretary shall submit to the Committee on
Agriculture of the House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report on the pilot program carried out
under this section, including an analysis of the feasibility of operating in
the Commonwealth of the Northern Mariana Islands the supplemental nutrition
assistance program as it is operated in the States.
(e)
Funding
(1)
Study
Of
the funds made available under section 18(a)(1) of the Food and Nutrition Act
of 2008, the Secretary may use not more than $1,000,000 in each of fiscal years
2014 and 2015 to conduct the study described in subsection (a).
(2)
Pilot
program
Of the funds made available under section 18(a)(1) of the
Food and Nutrition Act of 2008, for the purposes of establishing and carrying
out the pilot program established under subsection (b) of this section,
including the Federal costs for providing technical assistance to the
Commonwealth, authorizing and monitoring retail food stores, and assessing
pilot operations, the Secretary may use not more than—
(A) $13,500,000 in fiscal
year 2016; and
(B) $8,500,000 in each of
fiscal years 2017 and 2018.
4032.
Annual State report
on verification of SNAP participation
(a)
Annual
report
Not later 1 year after
the date specified by the Secretary in the 180-period beginning on the date of
the enactment of this Act, and annually thereafter, each State agency that
carries out the supplemental nutrition assistance program shall submit to the
Secretary a report containing sufficient information for the Secretary to
determine whether the State agency has, for the then most recently concluded
fiscal year preceding such annual date, verified that households to which such
State agency provided such assistance in such fiscal year—
(1) did not obtain benefits attributable to a
deceased individual;
(2) did not include an
individual who was simultaneously included in a household receiving such
assistance in another State; and
(3) did not include, during the time benefits
were provided, an individual who was then disqualified from receiving
benefits.
(b)
Penalty for
noncompliance
For any fiscal year for which a State agency fails
to comply with subsection (a), the Secretary shall reduce by 50 percent the
amount otherwise payable to such State agency under section 16(a) of the Food
and Nutrition Act of 2008 with respect to such fiscal year.
B
Commodity distribution
programs
4101.
Commodity
distribution program
Section
4(a) of the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c
note; Public Law 93–86) is amended in the 1st sentence by striking
2012 and inserting 2018.
4102.
Commodity
supplemental food program
Section 5 of the Agriculture and Consumer
Protection Act of 1973 (7 U.S.C. 612c note; Public Law 93–86) is
amended—
(1) in paragraphs (1) and
(2)(B) of subsection (a) by striking 2012 each place it appears
and inserting 2018;
(2) in the 1st sentence of
subsection (d)(2) by striking 2012 and inserting
2018;
(3) by striking subsection
(g) and inserting the following:
(g)
Eligibility
Except
as provided in subsection (m), the States shall only provide assistance under
the commodity supplemental food program to low-income individuals aged 60 and
older.
;
and
(4) by adding at the end the
following:
(m)
Phase-out
Notwithstanding
any other provision of law, an individual who receives assistance under the
commodity supplemental food program on the day before the effective date of
this subsection shall continue to receive that assistance until the date on
which the individual no longer qualifies for assistance under the eligibility
criteria for the program in effect on the day before the effective date of this
subsection.
.
4103.
Distribution of
surplus commodities to special nutrition projects
Section 1114(a)(2)(A) of the Agriculture and
Food Act of 1981 (7 U.S.C. 1431e(2)(A)) is amended in the 1st sentence by
striking 2012 and inserting 2018.
4104.
Processing of
commodities
(a) Section 17 of the
Commodity Distribution Reform Act and WIC Amendments of 1987 (7 U.S.C. 612c
note) is amended by—
(1) striking the heading and
inserting Commodity
donations and processing; and
(2) adding at the end the
following:
(c)
Processing
For
any program included in subsection (b), the Secretary may, notwithstanding any
other provision of State or Federal law relating to the procurement of goods
and services—
(1) retain title to
commodities delivered to a processor, on behalf of a State (including a State
distributing agency and a recipient agency), until such time as end products
containing such commodities, or similar commodities as approved by the
Secretary, are delivered to a State distributing agency or to a recipient
agency; and
(2) promulgate regulations to
ensure accountability for commodities provided to a processor for processing
into end products, and to facilitate processing of commodities into end
products for use by recipient agencies. Such regulations may provide
that—
(A) a processor that receives
commodities for processing into end products, or provides a service with
respect to such commodities or end products, in accordance with its agreement
with a State distributing agency or a recipient agency, provide to the
Secretary a bond or other means of financial assurance to protect the value of
such commodities; and
(B) in the event a processor
fails to deliver to a State distributing agency or a recipient agency an end
product in conformance with the processing agreement entered into under this
Act, the Secretary take action with respect to the bond or other means of
financial assurance pursuant to regulations promulgated under this paragraph
and distribute any proceeds obtained by the Secretary to one or more State
distributing agencies and recipient agencies as determined appropriate by the
Secretary.
.
(b)
Definitions
Section
18 of the Commodity Distribution Reform Act and WIC Amendments of 1987 (7
U.S.C. 612c note) is amended by striking paragraphs (1) and (2) and inserting
the following:
(1) The term
commodities means agricultural commodities and their products
that are donated by the Secretary for use by recipient agencies.
(2) The term end
product means a food product that contains processed
commodities.
.
(c)
Technical and
conforming amendments
Section 3 of the Commodity Distribution
Reform Act and WIC Amendments of 1987 (7 U.S.C. 612c note; Public Law 100–237)
is amended—
(1) in subsection (a)—
(A) in paragraph (2) by
striking subparagraph (B) and inserting the following:
(B) the program established
under section 4(b) of the Food and Nutrition Act of 2008 (7 U.S.C.
2013(b));
;
and
(B) in paragraph (3)(D) by
striking the Committee on Education and Labor and inserting
the Committee on Education and the Workforce;
(2) in subsection
(b)(1)(A)(ii) by striking section 32 of the Agricultural Adjustment Act
(7 U.S.C. 601 et seq.) and inserting section 32 of the Act of
August 24, 1935 (7 U.S.C. 612c);
(3) in subsection
(e)(1)(D)(iii) by striking subclause (II) and inserting the following:
(II) the program established
under section 4(b) of the Food and Nutrition Act of 2008 (7 U.S.C.
2013(b));
;
and
(4) in subsection (k) by
striking the Committee on Education and Labor and inserting
the Committee on Education and the Workforce.
C
Miscellaneous
4201.
Farmers’ market
nutrition program
Section 4402
of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 3007) is
amended—
(1) in the section heading by
striking Seniors;
(2) by amending subsection
(a) to read as follows:
(a)
Funding
(1)
In
general
Of the funds of the Commodity Credit Corporation, the
Secretary of Agriculture shall use to carry out and expand the farmers market
nutrition program $20,600,000 for each of fiscal years 2014 through
2018.
(2)
Additional
funding
There is authorized to be appropriated such sums as are
necessary to carry out this subsection for each of the fiscal years specified
in paragraph
(1).
;
(3) in subsection (b)—
(A) in the matter preceding
paragraph (1), by striking seniors; and
(B) in paragraph (1) by
inserting , and low-income families who are determined to be at
nutritional risk after low-income seniors;
(4) in subsection (c) by
striking seniors;
(5) in subsection (d) by
striking seniors;
(6) in subsection (e) by
striking seniors;
(7) by redesignating
subsections (c), (d), (e), and (f) as subsections (d), (e), (f), and (g),
respectively; and
(8) by inserting after
subsection (b) the following:
(c)
State grants and other
assistance
The Secretary shall carry out the Program through
grants and other assistance provided in accordance with agreements made with
States, for implementation through State agencies and local agencies, that
include provisions—
(1) for the issuance of
coupons or vouchers to participating individuals;
(2) establishing an
appropriate annual percentage limitation on the use of funds for administrative
costs; and
(3) specifying other terms
and conditions as the Secretary deems appropriate to encourage expanding the
participation of small scale farmers in Federal nutrition
programs.
.
4202.
Nutrition information
and awareness pilot program
Section 4403 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 3171 note; Public Law 107–171) is
repealed.
4203.
Fresh fruit and
vegetable program
Section 19
of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769a) is
amended—
(1) in the section heading,
by striking Fresh;
(2) in subsection (a), by
striking fresh;
(3) in subsection (b), by
striking fresh; and
(4) in subsection (e), by
striking fresh.
4204.
Additional authority
for purchase of fresh fruits, vegetables, and other specialty food
crops
Section 10603 of the
Farm Security and Rural Investment Act of 2002 (7 U.S.C. 612c–4) is
amended—
(1) in subsection (b), by
striking 2012 and inserting 2018;
(2) by redesignating subsection (c) as
subsection (d); and
(3) by inserting after subsection (b) the
following:
(c)
Pilot grant program for
purchase of fresh fruits and vegetables
(1)
In
general
Using amounts made
available to carry out subsection (b), the Secretary of Agriculture shall
conduct a pilot program under which the Secretary will give not more than five
participating States the option of receiving a grant in an amount equal to the
value of the commodities that the participating State would otherwise receive
under this section for each of fiscal years 2014 through 2018.
(2)
Use of grant
funds
A participating State receiving a grant under this
subsection may use the grant funds solely to purchase fresh fruits and
vegetables for distribution to schools and service institutions in the State
that participate in the food service programs under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.) and the Child Nutrition Act
of 1966 (42 U.S.C. 1771 et seq.).
(3)
Selection of
participating States
The Secretary shall select participating
States from applications submitted by the States.
(4)
Reporting
requirements
(A)
School and service
institution requirement
Schools and service institutions in a
participating State shall keep records of purchases of fresh fruits and
vegetables made using the grant funds and report such records to the
State.
(B)
State
requirement
Each participating State shall submit to the
Secretary a report on the success of the pilot program in the State, including
information on—
(i) the amount and value of each type of fresh
fruit and vegetable purchased by the State; and
(ii) the benefit provided by such purchases in
conducting the school food service in the State, including meeting school meal
requirements.
.
4205.
Encouraging locally
and regionally grown and raised food
(a)
Commodity Purchase
Streamlining
The Secretary
may permit each school food authority with a low annual commodity entitlement
value, as determined by the Secretary, to elect to substitute locally and
regionally grown and raised food for the authority’s allotment, in whole or in
part, of commodity assistance for the school meal programs under the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751 et seq.) and the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), if—
(1) the election is requested
by the school food authority;
(2) the Secretary determines
that the election will reduce State and Federal administrative costs;
and
(3) the election will provide
the school food authority with greater flexibility to purchase locally and
regionally grown and raised foods.
(b)
Farm-to-school
demonstration programs
(1)
In
general
The Secretary may establish farm-to-school demonstration
programs under which school food authorities, agricultural producers producing
for local and regional markets, and other farm-to-school stakeholders will
collaborate with the Agriculture Marketing Service to, on a cost neutral basis,
source food for the school meal programs under the Richard B. Russell National
School Lunch Act (42 U.S.C. 1751 et seq.) and the Child Nutrition Act of 1966
(42 U.S.C. 1771 et seq.) from local farmers and ranchers in lieu of the
commodity assistance provided to the school food authorities for the school
meal programs.
(2)
Requirements
(A)
In
general
Each demonstration program carried out under this
subsection shall—
(i) facilitate and increase
the purchase of unprocessed and minimally processed locally and regionally
grown and raised agricultural products to be served under the school meal
programs;
(ii) test methods to improve
procurement, transportation, and meal preparation processes for the school meal
programs;
(iii) assess whether
administrative costs can be saved through increased school food authority
flexibility to source locally and regionally produced foods for the school meal
programs; and
(iv) undertake rigorous
evaluation and share information about results of the demonstration program,
including cost savings, with the Secretary, other school food authorities,
agricultural producers producing for the local and regional market, and the
general public.
(B)
Plans
In
order to be selected to carry out a demonstration program under this
subsection, a school food authority shall submit to the Secretary a plan at
such time and in such manner as the Secretary may require, and containing
information with respect to the requirements described in clauses (i) through
(iv) of subparagraph (A).
(3)
Technical
assistance
The Secretary
shall provide technical assistance to demonstration program participants to
assist such participants to acquire bids from potential vendors in a timely and
cost-effective manner.
(4)
Length
The
Secretary shall determine the appropriate length of time for each demonstration
program under this subsection.
(5)
Coordination
The
Secretary shall coordinate among relevant agencies of the Department of
Agriculture and non-governmental organizations with appropriate expertise to
facilitate the provision of training and technical assistance necessary to
successfully carry out demonstration programs under this subsection.
(6)
Number
Subject
to the availability of funds to carry out this subsection, the Secretary shall
select at least 10 demonstration programs to be carried out under this
subsection.
(7)
Diversity and
balance
In selecting demonstration programs to be carried out
under this subsection, the Secretary shall, to the maximum extent practicable,
ensure—
(A) geographical
diversity;
(B) that at least half of the
demonstration programs are completed in collaboration with school food
authorities with small annual commodity entitlements, as determined by the
Secretary;
(C) that at least half of the
demonstration programs are completed in rural or tribal communities;
(D) equitable treatment of
school food authorities with a high percentage of students eligible for free or
reduced price lunches, as determined by the Secretary; and
(E) that at least one of the demonstration
programs is completed on a military installation as defined in section
2687(e)(1) of title 10, United States Code.
4206.
Review of public
health benefits of white potatoes
The Secretary shall conduct a review of the
economic and public health benefits of white potatoes on low-income families
who are determined to be at nutritional risk. Not later than 1 year after the
date of the enactment of this Act, the Secretary shall report the findings of
this review to the Committee on Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry of the Senate.
4207.
Healthy Food
Financing Initiative
(a)
In
general
Subtitle D of title II of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6951 et seq.) is amended by adding at the
end the following:
242.
Healthy Food Financing
Initiative
(a)
Purpose
The
purpose of this section is to enhance the authorities of the Secretary to
support efforts to provide access to healthy food by establishing an initiative
to improve access to healthy foods in underserved areas, to create and preserve
quality jobs, and to revitalize low-income communities by providing loans and
grants to eligible fresh, healthy food retailers to overcome the higher costs
and initial barriers to entry in underserved areas.
(b)
Definitions
In
this section:
(1)
Community development
financial institution
The term community development
financial institution has the meaning given the term in section 103 of
the Community Development Banking and Financial Institutions Act of 1994 (12
U.S.C. 4702).
(2)
Initiative
The
term Initiative means the Healthy Food Financing Initiative
established under subsection (c)(1).
(3)
National fund
manager
The term national fund manager means a
community development financial institution that is—
(A) in existence on the date
of enactment of this section; and
(B) certified by the
Community Development Financial Institution Fund of the Department of Treasury
to manage the Initiative for purposes of—
(i) raising private
capital;
(ii) providing financial and
technical assistance to partnerships; and
(iii) funding eligible
projects to attract fresh, healthy food retailers to underserved areas, in
accordance with this section.
(4)
Partnership
The
term partnership means a regional, State, or local public-private
partnership that—
(A) is organized to improve
access to fresh, healthy foods;
(B) provides financial and
technical assistance to eligible projects; and
(C) meets such other criteria
as the Secretary may establish.
(5)
Perishable
food
The term perishable food means a staple food
that is fresh, refrigerated, or frozen.
(6)
Quality
job
The term quality job means a job that provides
wages and other benefits comparable to, or better than, similar positions in
existing businesses of similar size in similar local economies.
(7)
Staple food
(A)
In
general
The term staple food means food that is a
basic dietary item.
(B)
Inclusions
The
term staple food includes—
(i) bread;
(ii) flour;
(iii) fruits;
(iv) vegetables; and
(v) meat.
(c)
Initiative
(1)
Establishment
The
Secretary shall establish an initiative to achieve the purpose described in
subsection (a) in accordance with this subsection.
(2)
Implementation
(A)
In general
(i)
In
general
In carrying out the Initiative, the Secretary shall
provide funding to entities with eligible projects, as described in
subparagraph (B), subject to the priorities described in subparagraph
(C).
(ii)
Use of
funds
Funds provided to an entity pursuant to clause (i) shall be
used—
(I) to create revolving loan
pools of capital or other products to provide loans to finance eligible
projects or partnerships;
(II) to provide grants for
eligible projects or partnerships;
(III) to provide technical
assistance to funded projects and entities seeking Initiative funding;
and
(IV) to cover administrative
expenses of the national fund manager in an amount not to exceed 10 percent of
the Federal funds provided.
(B)
Eligible
projects
Subject to the approval of the Secretary, the national
fund manager shall establish eligibility criteria for projects under the
Initiative, which shall include the existence or planned execution of
agreements—
(i) to expand or preserve the
availability of staple foods in underserved areas with moderate- and low-income
populations by maintaining or increasing the number of retail outlets that
offer an assortment of perishable food and staple food items, as determined by
the Secretary, in those areas; and
(ii) to accept benefits under
the supplemental nutrition assistance program established under the Food and
Nutrition Act of 2008 (7 U.S.C. 2011 et seq.).
(C)
Priorities
In
carrying out the Initiative, priority shall be given to projects that—
(i) are located in severely
distressed low-income communities, as defined by the Community Development
Financial Institutions Fund of the Department of Treasury; and
(ii) include 1 or more of the
following characteristics:
(I) The project will create
or retain quality jobs for low-income residents in the community.
(II) The project supports
regional food systems and locally grown foods, to the maximum extent
practicable.
(III) In areas served by
public transit, the project is accessible by public transit.
(IV) The project involves
women- or minority-owned businesses.
(V) The project receives
funding from other sources, including other Federal agencies.
(VI) The project otherwise
advances the purpose of this section, as determined by the Secretary.
(d)
Authorization of
appropriations
There is authorized to be appropriated to the
Secretary to carry out this section $125,000,000, to remain available until
expended.
.
(b)
Conforming
amendment
Section 296(b) of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 7014(b)), as amended by the preceding
provisions of this Act, is further amended, by adding at the end the
following:
(9) the authority of the
Secretary to establish and carry out the Health Food Financing Initiative under
section
242;
.
V
Credit
A
Farm ownership
loans
5001.
Eligibility for
farm ownership loans
(a)
In
general
Section 302(a) of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1922(a)) is
amended—
(1) by striking (a)
In
general.—The and inserting the following:
(a)
In general
(1)
Eligibility
requirements
The
;
(2) in the 1st sentence, by
inserting after limited liability companies the following:
, and such other legal entities as the Secretary deems
appropriate,;
(3) in the 2nd sentence, by
redesignating clauses (1) through (4) as clauses (A) through (D),
respectively;
(4) in each of the 2nd and
3rd sentences, by striking and limited liability companies each
place it appears and inserting limited liability companies, and such
other legal entities;
(5) in the 3rd sentence, by
striking (3) and (4) and inserting
(C) and (D), respectively; and
(6) by adding at the end the
following:
(2)
Special deeming
rules
(A)
Eligibility of certain
operating-only entities
An
entity that is or will become only the operator of a family farm is deemed to
meet the owner-operator requirements of paragraph (1) if the individuals that
are the owners of the family farm own more than 50 percent (or such other
percentage as the Secretary determines is appropriate) of the entity.
(B)
Eligibility of certain
embedded entities
An entity
that is an owner-operator described in paragraph (1), or an operator described
in subparagraph (A) of this paragraph that is owned, in whole or in part, by
other entities, is deemed to meet the direct ownership requirement imposed
under paragraph (1) if at least 75 percent of the ownership interests of each
embedded entity of such entity is owned directly or indirectly by the
individuals that own the family
farm.
.
(b)
Direct farm ownership
experience requirement
Section 302(b)(1) of such Act (7 U.S.C.
1922(b)(1)) is amended by inserting or has other acceptable experience
for a period of time, as determined by the Secretary, after 3
years.
(c)
Conforming
amendments
(1) Section 304(c)(2) of such
Act (7 U.S.C. 1924(c)(2)) by striking paragraphs (1) and (2) of section
302(a) and inserting clauses (A) and (B) of section
302(a)(1).
(2) Section 310D of such Act
(7 U.S.C. 1934) is amended—
(A) by inserting after
partnership the following: , or such other legal entities
as the Secretary deems appropriate,; and
(B) by striking or
partners each place it appears and inserting partners, or
owners.
5002.
Conservation loan and
loan guarantee program
(a)
Eligibility
Section 304(c) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1924(c)) is amended by inserting after
limited liability companies the following: , or such
other legal entities as the Secretary deems appropriate,.
(b)
Limitation on loan
guarantee amount
Section 304(e) of such Act (7 U.S.C. 1924(e)) is
amended by striking 75 percent and inserting 90
percent.
(c)
Extension of
program
Section 304(h) of such Act (7 U.S.C. 1924(h)) is amended
by striking 2012 and inserting 2018.
5003.
Down payment loan
program
(a)
In
general
Section 310E(b)(1)(C)
of the Consolidated Farm and Rural Development Act (7 U.S.C. 1935(b)(1)(C)) is
amended by striking $500,000 and inserting
$667,000.
(b)
Technical
correction
Section 310E(b) of such Act (7 U.S.C. 1935(b)) is
amended by striking the 2nd paragraph (2).
5004.
Elimination of
mineral rights appraisal requirement
Section 307 of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1927) is amended by striking subsection (d) and
redesignating subsection (e) as subsection (d).
B
Operating loans
5101.
Eligibility for farm
operating loans
Section 311(a)
of the Consolidated Farm and Rural Development Act (7 U.S.C. 1941(a)) is
amended—
(1) by striking (a)
In
general.—The and inserting the following:
(a)
In general
(1)
Eligibility
requirements
The
;
(2) in the 1st sentence, by
inserting after limited liability companies the following:
, and such other legal entities as the Secretary deems
appropriate,;
(3) in the 2nd sentence, by
redesignating clauses (1) through (4) as clauses (A) through (D),
respectively;
(4) in each of the 2nd and
3rd sentences, by striking and limited liability companies each
place it appears and inserting limited liability companies, and such
other legal entities;
(5) in the 3rd sentence, by
striking (3) and (4) and inserting
(C) and (D), respectively; and
(6) by adding at the end the
following:
(2)
Special deeming
rule
An entity that is an
operator described in paragraph (1) that is owned, in whole or in part, by
other entities, is deemed to meet the direct ownership requirement imposed
under paragraph (1) if at least 75 percent of the ownership interests of each
embedded entity of such entity is owned directly or indirectly by the
individuals that own the family
farm.
.
5102.
Elimination of
rural residency requirement for operating loans to youth
Section 311(b)(1) of the Consolidated Farm
and Rural Development Act (7 U.S.C. 1941(b)(1)) is amended by striking
who are rural residents.
5103.
Authority to waive
personal liability for youth loans due to circumstances beyond borrower
control
Section 311(b) of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1941(b)) is amended by
adding at the end the following:
(5) The Secretary may, on a case by case basis,
waive the personal liability of a borrower for a loan made under this
subsection if any default on the loan was due to circumstances beyond the
control of the
borrower.
.
5104.
Microloans
(a)
In
general
Section 313 of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1943) is amended by adding at the end the
following:
(c)
Microloans
(1)
In
general
Subject to paragraph (2), the Secretary may establish a
program to make or guarantee microloans.
(2)
Limitation
The
Secretary shall not make or guarantee a microloan under this subsection that
exceeds $35,000 or that would cause the total principal indebtedness
outstanding at any 1 time for microloans made under this chapter to any 1
borrower to exceed $70,000.
(3)
Applications
To
the maximum extent practicable, the Secretary shall limit the administrative
burdens and streamline the application and approval process for microloans
under this subsection.
(4)
Cooperative lending
projects
(A)
In
general
Subject to subparagraph (B), the Secretary may contract
with community-based and nongovernmental organizations, State entities, or
other intermediaries, as the Secretary determines appropriate—
(i) to make or guarantee a
microloan under this subsection; and
(ii) to provide business,
financial, marketing, and credit management services to borrowers.
(B)
Requirements
Before
contracting with an entity described in subparagraph (A), the Secretary—
(i) shall review and
approve—
(I) the loan loss reserve
fund for microloans established by the entity; and
(II) the underwriting
standards for microloans of the entity; and
(ii) establish such other
requirements for contracting with the entity as the Secretary determines
necessary.
.
(b)
Exceptions for direct
loans
Section 311(c)(2) of such Act (7 U.S.C. 1941(c)(2)) is
amended to read as follows:
(2)
Exceptions
In
this subsection, the term direct operating loan shall not
include—
(A) a loan made to a youth
under subsection (b); or
(B) a microloan made to a
beginning farmer or rancher or a veteran farmer or rancher (as defined in
section 2501(e) of the Food, Agriculture, Conservation, and Trade Act of 1990
(7 U.S.C.
2279(e)).
.
(c) Section 312(a) of such
Act (7 U.S.C. 1942(a)) is amended by inserting (including a microloan,
as defined by the Secretary) after A direct loan.
(d) Section 316(a)(2) of such
Act (7 U.S.C. 1946(a)(2)) is amended by inserting a microloan to a
beginning farmer or rancher or veteran farmer or rancher (as defined in section
2501(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
2279(e)) or after The interest rate on.
C
Emergency loans
5201.
Eligibility for
emergency loans
Section 321(a)
of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961(a)) is
amended—
(1) by striking owner-operators (in the
case of loans for a purpose under subtitle A) or operators (in the case of
loans for a purpose under subtitle B) each place it appears and
inserting (in the case of farm ownership loans in accordance with
subtitle A) owner-operators or operators, or (in the case of loans for a
purpose under subtitle B) operators;
(2) by inserting after
limited liability companies the 1st place it appears the
following: , or such other legal entities as the Secretary deems
appropriate; and
(3) by inserting after
limited liability companies the 2nd place it appears the
following: , or other legal entities;
(4) by striking and
limited liability companies, and inserting limited liability
companies, and such other legal entities;
(5) by striking
ownership and operator and inserting ownership or
operator; and
(6) by adding at the end the
following: An entity that is an owner-operator or operator described in
this subsection is deemed to meet the direct ownership requirement imposed
under this subsection if at least 75 percent of the ownership interests of each
embedded entity of such entity is owned directly or indirectly by the
individuals that own the family farm..
D
Administrative
provisions
5301.
Beginning farmer and
rancher individual development accounts pilot program
Section 333B(h) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1983b(h)) is amended by striking
2012 and inserting 2018.
5302.
Eligible beginning
farmers and ranchers
(a)
Conforming amendments
relating to changes in eligibility rules
Section 343(a)(11) of
such Act (7 U.S.C. 1991(a)(11)) is amended—
(1) by inserting after
joint operation, the 1st place it appears the following:
or such other legal entity as the Secretary deems
appropriate,;
(2) by striking or
joint operators each place it appears and inserting joint
operators, or owners; and
(3) by inserting after
joint operation, the 2nd and 3rd place it appears the following:
or such other legal entity,.
(b)
Modification of acreage
ownership limitation
Section
343(a)(11)(F) of such Act (7 U.S.C. 1991(a)(11)(F)) is amended by striking
median acreage and inserting average
acreage.
5303.
Loan authorization
levels
Section 346(b)(1) of
the Consolidated Farm and Rural Development Act (7 U.S.C. 1994(b)(1)) is
amended in the matter preceding subparagraph (A) by striking
2012 and inserting 2018.
5304.
Priority for
participation loans
Section
346(b)(2)(A)(i) of the Consolidated Farm and Rural Development Act (7 U.S.C.
1994(b)(2)(A)(i)) is amended by adding at the end the following:
(III)
Priority
In order to maximize the number of
borrowers served under this clause, the Secretary—
(aa) shall give priority to
applicants who apply under the down payment loan program under section 310E or
joint financing arrangements under section 307(a)(3)(D); and
(bb) may offer other
financing options under this subtitle to applicants only if the Secretary
determines that down payment or other participation loan options are not a
viable approach for the
applicants.
.
5305.
Loan fund
set-asides
Section
346(b)(2)(A)(ii)(III) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1994(b)(2)(A)(ii)(III)) is amended—
(1) by striking
2012 and inserting 2018; and
(2) by striking of the
total amount.
5306.
Conforming amendment
to borrower training provision, relating to eligibility changes
Section 359(c)(2) of the Consolidated Farm
and Rural Development Act (7 U.S.C. 2006a(c)(2)) is amended by striking
section 302(a)(2) or 311(a)(2) and inserting section
302(a)(1)(B) or 311(a)(1)(B).
E
State agricultural
mediation programs
5401.
State agricultural
mediation programs
Section 506
of the Agricultural Credit Act of 1987 (7 U.S.C. 5106) is amended by striking
2015 and inserting 2018.
F
Loans to purchasers of
highly fractionated land
5501.
Loans to purchasers
of highly fractionated land
The first section of Public Law 91–229 (25
U.S.C. 488) is amended in subsection (b)(1) by striking pursuant to
section 205(c) of the Indian Land Consolidation Act (25 U.S.C. 2204(c))
and inserting or to intermediaries in order to establish revolving loan
funds for the purchase of highly fractionated land.
VI
Rural
development
A
Consolidated Farm and
Rural Development Act
6001.
Water, waste
disposal, and wastewater facility grants
Section 306(a)(2)(B)(vii) of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)(2)(B)(vii)) is
amended by striking 2008 through 2012 and inserting 2014
through 2018.
6002.
Rural business
opportunity grants
Section
306(a)(11)(D) of the Consolidated Farm and Rural Development Act (7 U.S.C.
1926(a)(11)(D)) is amended by striking $15,000,000 for each of fiscal
years 2008 through 2012 and inserting $15,000,000 for each of
fiscal years 2014 through 2018.
6003.
Elimination of
reservation of community facilities grant program funds
Section 306(a)(19) of the Consolidated Farm
and Rural Development Act (7 U.S.C. 1926(a)(19)) is amended by striking
subparagraph (C).
6004.
Utilization of loan
guarantees for community facilities
Section 306(a)(24) of the Consolidated Farm
and Rural Development Act (7 U.S.C. 1926(a)(24)) is amended by adding at the
end the following:
(C)
Utilization of loan
guarantees for community facilities
The Secretary shall consider the benefits
to communities that result from using loan guarantees in the Community
Facilities Program and to the maximum extent possible utilize guarantees to
enhance community
involvement.
.
6005.
Rural water and
wastewater circuit rider program
Section 306(a)(22) of the Consolidated Farm
and Rural Development Act (7 U.S.C. 1926(a)(22)) is amended to read as
follows:
(22)
Rural water and wastewater circuit rider
program
(A)
In
general
The Secretary shall continue a national rural water and
wastewater circuit rider program that—
(i) is consistent with the
activities and results of the program conducted before the date of enactment of
this paragraph, as determined by the Secretary; and
(ii) receives funding from
the Secretary, acting through the Rural Utilities Service.
(B)
Authorization of
appropriations
There is authorized to be appropriated to carry
out this paragraph $20,000,000 for fiscal year 2014 and each fiscal year
thereafter.
.
6006.
Tribal college and
university essential community facilities
Section 306(a)(25)(C) of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1926(a)(25)(C)) is amended by striking
$10,000,000 for each of fiscal years 2008 through 2012 and
inserting $5,000,000 for each of fiscal years 2014 through
2018.
6007.
Essential community
facilities technical assistance and training
Section 306(a) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1926(a)(19)) is amended by adding at the end
the following new paragraph:
(26)
Essential community
facilities technical assistance and training
(A)
In
general
The Secretary may
make grants to public bodies and private nonprofit corporations, such as
States, counties, cities, townships, and incorporated towns and villages,
boroughs, authorities, districts and Indian tribes on Federal and State
reservations which will serve rural areas for the purpose of enabling them to
provide to associations described in this subsection technical assistance and
training, with respect to essential community facilities programs authorized
under this subsection, to—
(i) assist communities in
identifying and planning for community facility needs;
(ii) identify public and
private resources to finance community facilities needs;
(iii) prepare reports and
surveys necessary to request financial assistance to develop community
facilities;
(iv) prepare applications for
financial assistance;
(v) improve the management,
including financial management, related to the operation of community
facilities; or
(vi) assist with other areas
of need identified by the Secretary.
(B)
Selection
priority
In selecting recipients of grants under this paragraph,
the Secretary shall give priority to private, nonprofit, or public
organizations that have experience in providing technical assistance and
training to rural entities.
(C)
Funding
Not less than 3 nor more than 5 percent of
any funds appropriated to carry out each of the essential community facilities
grant, loan and loan guarantee programs as authorized under this subsection for
any fiscal year shall be reserved for grants under this
paragraph.
.
6008.
Emergency and
imminent community water assistance grant program
Section 306A(i)(2) of the Consolidated Farm
and Rural Development Act (7 U.S.C. 1926a(i)(2)) is amended by striking
$35,000,000 for each of fiscal years 2008 through 2012 and
inserting $27,000,000 for each of fiscal years 2014 through
2018.
6009.
Household water well systems
Section 306E(d) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1926e(d)) is amended by striking
$10,000,000 for each of fiscal years 2008 through 2012 and
inserting $5,000,000 for each of fiscal years 2014 through
2018.
6010.
Rural business and
industry loan program
(a)
Flexibility for the
business and loan program
Section 310B(a)(2)(A) of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1932(a)(2)(A)) is amended by inserting
including working capital after
employment.
(b)
Greater flexibility for
adequate collateral through accounts receivable
Section
310B(g)(7) of such Act (7 U.S.C. 1932(g)(7)) is amended by adding at the end
the following: In the discretion of the Secretary, if the Secretary
determines that the action would not create or otherwise contribute to an
unreasonable risk of default or loss to the Federal Government, the Secretary
may take account receivables as security for the obligations entered into in
connection with loans and a borrower may use account receivables as collateral
to secure a loan made or guaranteed under this subsection..
(c)
Regulations
Not
later than 6 months after the date of the enactment of this Act, the Secretary
shall promulgate such regulations as are necessary to implement the amendments
made by this section.
6011.
Rural cooperative
development grants
Section
310B(e)(12) of the Consolidated Farm and Rural Development Act (7 U.S.C.
1932(e)(12)) is amended by striking $50,000,000 for each of fiscal years
2008 through 2012 and inserting $40,000,000 for each of fiscal
years 2014 through 2018.
6012.
Locally or regionally
produced agricultural food products
Section 310B(g)(9)(B)(v)(I) of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1932(g)(9)(B)(v)(I)) is
amended—
(1) by striking 2012 and
inserting 2018; and
(2) by inserting and
not more than 7 percent after 5 percent.
6013.
Intermediary
relending program
(a)
In
general
Subtitle A of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1922–1936a) is amended by
adding at the end the following:
310H.
Intermediary
relending program
(a)
In
general
The Secretary shall
make loans to the entities, for the purposes, and subject to the terms and
conditions specified in the 1st, 2nd, and last sentences of section 623(a) of
the Community Economic Development Act of 1981 (42 U.S.C. 9812(a)).
(b)
Limitations on
authorization of appropriations
For loans under subsection (a),
there are authorized to be appropriated to the Secretary not more than
$10,000,000 for each of fiscal years 2014 through
2018.
.
(b)
Conforming
amendments
Section 1323(b)(2)
of the Food Security Act of 1985 (Public Law 99–198; 7 U.S.C. 1932 note) is
amended—
(1) in subparagraph (A), by adding
and at the end;
(2) in subparagraph (B), by
striking ; and and inserting a period; and
(3) by striking subparagraph
(C).
6014.
Rural college
coordinated strategy
Section
331 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1981) is
amended by adding at the end the following:
(d)
Rural college
coordinated strategy
The
Secretary shall develop a coordinated strategy across the relevant programs
within the Rural Development mission areas to serve the specific, local needs
of rural communities when making investments in rural community colleges and
technical colleges through other current authorities. During the development of
a coordinated strategy, the Secretary shall consult with groups representing
rural-serving community colleges and technical colleges to coordinate critical
investments in rural community colleges and technical colleges involved in
workforce training. Nothing in this subsection shall be construed to provide a
priority for funding within current authorities. The Secretary shall use the
coordinated strategy and information developed for the strategy to more
effectively serve rural communities with respect to investments in community
colleges and technical
colleges.
.
6015.
Rural water and
waste disposal infrastructure
Section 333 of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1983) is amended—
(1) by striking
require;
(2) in paragraph (1), by
inserting require after (1);
(3) in paragraph (2), by
inserting , require after 314;
(4) in paragraph (3), by
inserting require after loans,;
(5) in paragraph (4)—
(A) by inserting
require after (4); and
(B) by striking
and after the semicolon;
(6) in paragraph (5)—
(A) by inserting
require after (5); and
(B) by striking the period at
the end and inserting ; and; and
(7) by adding at the end the
following:
(6) with respect to water and
waste disposal direct and guaranteed loans provided under section 306,
encourage, to the maximum extent practicable, private or cooperative lenders to
finance rural water and waste disposal facilities by—
(A) maximizing the use of
loan guarantees to finance eligible projects in rural communities where the
population exceeds 5,500;
(B) maximizing the use of
direct loans to finance eligible projects in rural communities where the impact
on rate payers will be material when compared to financing with a loan
guarantee;
(C) establishing and applying
a materiality standard when determining the difference in impact on rate payers
between a direct loan and a loan guarantee;
(D) in the case of projects
that require interim financing in excess of $500,000, requiring that such
projects initially seek such financing from private or cooperative lenders;
and
(E) determining if an
existing direct loan borrower can refinance with a private or cooperative
lender, including with a loan guarantee, prior to providing a new direct
loan.
.
6016.
Simplified
applications
(a)
In
general
Section 333A of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1983a) is amended by
adding at the end the following:
(h)
Simplified application
forms
Except as provided in
subsection (g)(2) of this section, the Secretary shall, to the maximum extent
practicable, develop a simplified application process, including a single page
application where possible, for grants and relending authorized under sections
306, 306C, 306D, 306E, 310B(b), 310B(c), 310B(e), 310B(f), 310H, 379B, and
379E.
.
(b)
Report to the
Congress
Within 2 years after
the date of the enactment of this Act, the Secretary shall submit to the
Committee on Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a written report that
contains an evaluation of the implementation of the amendment made by
subsection (a).
6017.
Grants for NOAA
weather radio transmitters
Section 379B(d) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 2008p(d)) is amended to read as follows:
(d)
Authorization of
appropriations
There is authorized to be appropriated to carry
out this section $1,000,000 for each of fiscal years 2014 through
2018.
.
6018.
Rural
microentrepreneur assistance program
Section 379E(d)(2) of the Consolidated Farm
and Rural Development Act (7 U.S.C. 2008s(d)(2)) is amended by striking
$40,000,000 for each of fiscal years 2009 through 2012 and
inserting $20,000,000 for each of fiscal years 2014 through
2018.
6019.
Delta Regional
Authority
(a)
Authorization of
appropriations
Section 382M(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2009aa–12(a)) is amended by striking
$30,000,000 for each of fiscal years 2008 through 2012 and
inserting $12,000,000 for each of fiscal years 2014 through
2018.
(b)
Termination of
authority
Section 382N of such Act (7 U.S.C. 2009aa–13) is
amended by striking 2012 and inserting
2018.
6020.
Northern Great
Plains Regional Authority
(a)
Authorization of
appropriations
Section
383N(a) of the Consolidated Farm and Rural Development Act (7 U.S.C.
2009bb–12(a)) is amended by striking $30,000,000 for each of fiscal
years 2008 through 2012 and inserting $2,000,000 for each of
fiscal years 2014 through 2018.
(b)
Termination of
authority
Section 383O of such Act (7 U.S.C. 2009bb–13) is
amended by striking 2012 and inserting
2018.
6021.
Rural business
investment program
Section
384S of the Consolidated Farm and Rural Development Act (7 U.S.C. 2009cc–18) is
amended by striking $50,000,000 for the period of fiscal years 2008
through 2012 and inserting $20,000,000 for each of fiscal years
2014 through 2018.
B
Rural Electrification Act
of 1936
6101.
Relending for
certain purposes
(a)
In
general
The Rural
Electrification Act of 1936 (7 U.S.C. 901 et seq.) is amended—
(1) in section 2(a), by inserting
(including relending for this purpose as provided in section 4)
after efficiency;
(2) in section 4(a), by inserting
(including relending to ultimate consumers for this purpose by borrowers
enumerated in the proviso in this section) after
efficiency; and
(3) in section
313(b)(2)(B)—
(A) by inserting (acting through the
Rural Utilities Service) after Secretary; and
(B) by inserting
energy efficiency (including relending to ultimate consumers for this
purpose), after promoting.
(b)
Current
authority
The authority
provided in this section is in addition to any other relending authority of the
Secretary under the Rural Electrification Act of 1936 (7 U.S.C. 901 et. seq.)
or any other law.
(c)
Administration
The Secretary (acting through the Rural
Utilities Service) shall continue to carry out section 313 of the Rural
Electrification Act of 1936 (7 U.S.C. 940c) in the same manner as on the day
before enactment of this Act until such time as any regulations necessary to
carry out the amendments made by this section are fully implemented.
6102.
Fees for certain loan
guarantees
The Rural
Electrification Act of 1936 (7 U.S.C. 901 et seq.) is amended by inserting
after section 4 the following:
5.
Fees for certain loan
guarantees
(a)
In
general
For electrification
baseload generation loan guarantees, the Secretary shall, at the request of the
borrower, charge an upfront fee to cover the costs of the loan
guarantee.
(b)
Fee
The fee described in subsection (a) for a
loan guarantee shall be equal to the costs of the loan guarantee (within the
meaning of section 502(5)(C) of the Federal Credit Reform Act of 1990 (2 U.S.C.
661a(5)(C))).
(c)
Limitation
Funds received from a borrower to pay the
fee described in this section shall not be derived from a loan or other debt
obligation that is made or guaranteed by the Federal
Government.
.
6103.
Guarantees for bonds
and notes issued for electrification or telephone purposes
Section 313A(f) of the Rural Electrification
Act of 1936 (7 U.S.C. 940c–1(f)) is amended by striking 2012 and
inserting 2018.
6104.
Expansion of 911
access
Section 315(d) of the
Rural Electrification Act of 1936 (7 U.S.C. 940e(d)) is amended by striking
2012 and inserting 2018.
6105.
Access to broadband
telecommunications services in rural areas
Section 601 of the Rural Electrification Act
of 1936 (7 U.S.C. 950bb) is amended—
(1) in subsection (c), by
striking paragraph (2) and inserting the following:
(2)
Priorities
In making or guaranteeing loans under
paragraph (1), the Secretary shall give—
(A) the highest priority to
applicants that offer to provide broadband service to the greatest proportion
of households that, prior to the provision of the broadband service, had no
incumbent service provider; and
(B) priority to applicants that offer in their
applications to provide broadband service not predominantly for business
service, but where at least 25 percent of customers in the proposed service
territory are commercial
interests.
;
(2) in subsection (d)—
(A) in paragraph (5)—
(i) by striking
and at the end of subparagraph (B);
(ii) by striking the period
at the end of subparagraph (C) and inserting a semicolon; and
(iii) by adding at the end
the following:
(D) the amount and type of support requested;
and
(E) a list of the census
block groups or tracts proposed to be so
served.
;
and
(B) by adding at the end the
following:
(8)
Additional
process
The Secretary shall
establish a process under which an incumbent service provider which, as of the
date of the publication of notice under paragraph (5) with respect to an
application submitted by the provider, is providing broadband service to a
remote rural area, may (but shall not be required to) submit to the Secretary,
not less than 15 and not more than 30 days after that date, information
regarding the broadband services that the provider offers in the proposed
service territory, so that the Secretary may assess whether the application
meets the requirements of this section with respect to eligible
projects.
;
(3) in subsection (e), by
adding at the end the following:
(3)
Requirement
In considering the technology needs of
customers in a proposed service territory, the Secretary shall take into
consideration the upgrade or replacement cost for the construction or
acquisition of facilities and equipment in the
territory.
;
and
(4) in each of subsections (k)(1) and (l), by
striking 2012 and inserting 2018.
C
Miscellaneous
6201.
Distance learning
and telemedicine
(a)
Authorization of
appropriations
Section 2335A of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 950aaa–5) is amended by striking
$100,000,000 for each of fiscal years 1996 through 2012 and
inserting $65,000,000 for each of fiscal years 2014 through
2018.
(b)
Conforming
amendment
Section 1(b) of Public Law 102–551 (7 U.S.C. 950aaa
note) is amended by striking 2012 and inserting
2018.
6202.
Value-added
agricultural market development program grants
Section 231(b)(7) of the Agricultural Risk
Protection Act of 2000 (7 U.S.C. 1632a(b)(7)) is amended—
(1) in subparagraph
(A)—
(A) by striking
2008 and inserting 2013; and
(B) by striking
$15,000,000 and inserting $50,000,000; and
(2) in subparagraph (B), by
striking 2012 and inserting 2018.
6203.
Agriculture
innovation center demonstration program
Section 6402(i) of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 1632b(i)) is amended by striking
$6,000,000 for each of fiscal years 2008 through 2012 and
inserting $1,000,000 for each of fiscal years 2014 through
2018.
6204.
Program
metrics
(a)
In
general
The Secretary of
Agriculture shall collect data regarding economic activities created through
grants and loans, including any technical assistance provided as a component of
the grant or loan program, and measure the short and long term viability of
award recipients and any entities to whom those recipients provide assistance
using award funds under section 231 of the Agricultural Risk Protection Act of
2000 (7 U.S.C. 1621 note; Public Law 106–224), section 9007 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 8107), section 313(b)(2) of
the Rural Electrification Act of 1936 (7 U.S.C. 940c(b)(2)), or section
306(a)(11), 310B(c), 310B(e), 310B(g), 310H, or 379E, or subtitle E, of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)(11), 1932(c),
1932(e), 1932(g), 2008s, or 2009 through 2009m).
(b)
Data
The
data collected under subsection (a) shall include information collected from
recipients both during the award period and after the period as determined by
the Secretary, but not less than 2 years after the award period ends.
(c)
Report
Not
later than 4 years after the date of enactment of this Act, and every 2 years
thereafter, the Secretary shall submit to the Committee on Agriculture of the
House of Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate a report that contains the data described in subsection
(a). The report shall include detailed information regarding—
(1) actions taken by the
Secretary to utilize the data;
(2) the number of jobs,
including self-employment and the value of salaries and wages;
(3) how the provision of funds from the grant
or loan involved affected the local economy;
(4) any benefit, such as an
increase in revenue or customer base; and
(5) such other information as
the Secretary deems appropriate.
6205.
Study of rural
transportation issues
(a)
In
general
The Secretary of
Agriculture and the Secretary of Transportation shall publish an updated
version of the study described in section 6206 of the Food, Conservation, and
Energy Act of 2008 (as amended by subsection (b)).
(b)
Addition to
study
Section 6206(b) of the
Food, Conservation, and Energy Act of 2008 (Public Law 110–246; 122 Stat. 1971)
is amended—
(1) in paragraph (3), by
striking and at the end;
(2) in paragraph (4), by
striking the period at the end and inserting ; and; and
(3) by adding at the end the
following new paragraph:
(5) the sufficiency of infrastructure along
waterways in the United States and the impact of such infrastructure on the
movement of agricultural goods in terms of safety, efficiency and speed, as
well as the benefits derived through upgrades and repairs to locks and
dams.
.
(c)
Report to
congress
Not later than 1 year after the date of enactment of
this Act, the Secretary of Agriculture and the Secretary of Transportation
shall submit to the Congress the updated version of the study required by
subsection (a).
6206.
Certain Federal
actions not to be considered major
In the case of a loan, loan guarantee, or
grant program in the rural development mission area of the Department of
Agriculture, an action of the Secretary before, on, or after the date of
enactment of this Act that does not involve the provision by the Department of
Agriculture of Federal dollars or a Federal loan guarantee, including—
(1) the approval by the
Department of Agriculture of the decision of a borrower to commence a privately
funded activity;
(2) a lien accommodation or
subordination;
(3) a debt settlement or
restructuring; or
(4) the restructuring of a
business entity by a borrower,
shall not be considered a major Federal
action.
VII
Research, Extension,
and Related Matters
A
National Agricultural
Research, Extension, and Teaching Policy Act of 1977
7101.
Option to be included
as non-land-grant college of agriculture
Section 1404 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103) is
amended—
(1) by striking paragraph (5)
and inserting the following new paragraph:
(5)
Cooperating forestry
school
(A)
In
general
The term cooperating forestry school means
an institution—
(i) that is eligible to
receive funds under the Act of October 10, 1962 (16 U.S.C. 582a et seq.),
commonly known as the McIntire-Stennis Act of 1962; and
(ii) with respect to which
the Secretary has not received a declaration of the intent of that institution
to not be considered a cooperating forestry school.
(B)
Termination of
declaration
A declaration of the intent of an institution to not
be considered a cooperating forestry school submitted to the Secretary shall be
in effect until September 30, 2018.
;
and
(2) in paragraph (10)—
(A) in subparagraph
(A)—
(i) in the matter preceding
clause (i), by striking that;
(ii) in clause (i)—
(I) by inserting
that before qualify; and
(II) by striking
and at the end;
(iii) in clause (ii)—
(I) by inserting
that before offer; and
(II) by striking the period
at the end and inserting ; and; and
(iv) by adding at the end the
following new clause:
(iii) with respect to which the Secretary has not
received a statement of the declaration of the intent of a college or
university to not be considered a Hispanic-serving agricultural college or
university.
;
and
(B) by adding at the end the
following new subparagraph:
(C)
Termination of
declaration of intent
A
declaration of the intent of a college or university to not be considered a
Hispanic-serving agricultural college or university submitted to the Secretary
shall be in effect until September 30, 2018.
.
7102.
National Agricultural
Research, Extension, Education, and Economics Advisory Board
(a)
Extension of
termination date
Section
1408(h) of the National Agricultural Research, Extension, and Teaching Policy
Act of 1977 (7 U.S.C. 3123(h)) is amended by striking 2012 and
inserting 2018.
(b)
Duties of National
Agricultural Research, Extension, Education, and Economics Advisory
Board
Section 1408(c) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3123(c)) is
amended—
(1) in paragraph (3), by
striking and at the end;
(2) in paragraph (4)(C), by
striking the period at the end and inserting ; and; and
(3) by adding at the end the
following new paragraph:
(5) consult with industry groups on
agricultural research, extension, education, and economics, and make
recommendations to the Secretary based on that
consultation.
.
7103.
Specialty crop
committee
Section 1408A(c) of
the National Agricultural Research, Extension, and Teaching Policy Act of 1977
(7 U.S.C. 3123a(c)) is amended—
(1) in paragraph (1), by
striking Measures and inserting Programs;
(2) by striking paragraph
(2);
(3) by redesignating
paragraphs (3), (4), and (5) as paragraphs (2), (3), and (4), respectively;
and
(4) in paragraph (2) (as so
redesignated)—
(A) in the matter preceding
subparagraph (A), by striking Programs that would and inserting
Research, extension, and teaching programs designed to improve
competitiveness in the specialty crop industry, including programs that
would;
(B) in subparagraph (D), by
inserting , including improving the quality and taste of processed
specialty crops before the semicolon; and
(C) in subparagraph (G), by
inserting the remote sensing and the before
mechanization.
7104.
Veterinary services
grant program
The National
Agricultural Research, Extension, and Teaching Policy Act of 1977 is amended by
inserting after section 1415A (7 U.S.C. 3151a) the following new
section:
1415B.
Veterinary services
grant program
(a)
Definitions
In
this section:
(1)
Qualified
entity
The term qualified entity means—
(A) a for-profit or nonprofit
entity located in the United States that, or an individual who, operates a
veterinary clinic providing veterinary services—
(i) in a rural area, as
defined in section 343(a) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1991(a)); and
(ii) in a veterinarian
shortage situation;
(B) a State, national,
allied, or regional veterinary organization or specialty board recognized by
the American Veterinary Medical Association;
(C) a college or school of
veterinary medicine accredited by the American Veterinary Medical
Association;
(D) a university research
foundation or veterinary medical foundation;
(E) a department of
veterinary science or department of comparative medicine accredited by the
Department of Education;
(F) a State agricultural
experiment station; or
(G) a State, local, or tribal
government agency.
(2)
Veterinarian shortage
situation
The term veterinarian shortage situation
means a veterinarian shortage situation as determined by the Secretary under
section 1415A.
(b)
Establishment
(1)
Competitive
grants
The Secretary shall
carry out a program to make competitive grants to qualified entities that carry
out programs or activities described in paragraph (2) for the purpose of
developing, implementing, and sustaining veterinary services.
(2)
Eligibility
requirements
A qualified entity shall be eligible to receive a
grant described in paragraph (1) if the entity carries out programs or
activities that the Secretary determines will—
(A) substantially relieve
veterinarian shortage situations;
(B) support or facilitate
private veterinary practices engaged in public health activities; or
(C) support or facilitate the
practices of veterinarians who are providing or have completed providing
services under an agreement entered into with the Secretary under section
1415A(a)(2).
(c)
Award processes and
preferences
(1)
Application,
evaluation, and input processes
In administering the grant
program established under this section, the Secretary shall—
(A) use an appropriate
application and evaluation process, as determined by the Secretary; and
(B) seek the input of
interested persons.
(2)
Coordination
preference
In selecting recipients of grants to be used for any
of the purposes described in subsection (d)(1), the Secretary shall give a
preference to qualified entities that provide documentation of coordination
with other qualified entities, with respect to any such purpose.
(3)
Consideration of
available funds
In selecting
recipients of grants to be used for any of the purposes described in subsection
(d), the Secretary shall take into consideration the amount of funds available
for grants and the purposes for which the grant funds will be used.
(4)
Nature of
grants
A grant awarded under this section shall be considered to
be a competitive research, extension, or education grant.
(d)
Use of grants To
relieve veterinarian shortage situations and support veterinary
services
(1)
In
general
Except as provided in paragraph (2), a qualified entity
may use funds provided by a grant awarded under this section to relieve
veterinarian shortage situations and support veterinary services for any of the
following purposes:
(A) To promote recruitment
(including for programs in secondary schools), placement, and retention of
veterinarians, veterinary technicians, students of veterinary medicine, and
students of veterinary technology.
(B) To allow veterinary
students, veterinary interns, externs, fellows, and residents, and veterinary
technician students to cover expenses (other than the types of expenses
described in section 1415A(c)(5)) to attend training programs in food safety or
food animal medicine.
(C) To establish or expand
accredited veterinary education programs (including faculty recruitment and
retention), veterinary residency and fellowship programs, or veterinary
internship and externship programs carried out in coordination with accredited
colleges of veterinary medicine.
(D) To provide continuing
education and extension, including veterinary telemedicine and other
distance-based education, for veterinarians, veterinary technicians, and other
health professionals needed to strengthen veterinary programs and enhance food
safety.
(E) To provide technical
assistance for the preparation of applications submitted to the Secretary for
designation as a veterinarian shortage situation under this section or section
1415A.
(2)
Qualified entities
operating veterinary clinics
A qualified entity described in
subsection (a)(1)(A) may only use funds provided by a grant awarded under this
section to establish or expand veterinary practices, including—
(A) equipping veterinary
offices;
(B) sharing in the reasonable
overhead costs of such veterinary practices, as determined by the Secretary;
or
(C) establishing mobile
veterinary facilities in which a portion of the facilities will address
education or extension needs.
(e)
Special requirements
for certain grants
(1)
Terms of service
requirements
(A)
In
general
Funds provided through a grant made under this section to
a qualified entity described in subsection (a)(1)(A) and used by such entity
under subsection (d)(2) shall be subject to an agreement between the Secretary
and such entity that includes a required term of service for such entity
(including a qualified entity operating as an individual), as prospectively
established by the Secretary.
(B)
Considerations
In
establishing a term of service under subparagraph (A), the Secretary shall
consider only—
(i) the amount of the grant
awarded; and
(ii) the specific purpose of
the grant.
(2)
Breach
remedies
(A)
In
general
An agreement under paragraph (1) shall provide remedies
for any breach of the agreement by the qualified entity referred to in
paragraph (1)(A), including repayment or partial repayment of the grant funds,
with interest.
(B)
Waiver
The
Secretary may grant a waiver of the repayment obligation for breach of contract
if the Secretary determines that such qualified entity demonstrates extreme
hardship or extreme need.
(C)
Treatment of amounts
recovered
Funds recovered under this paragraph shall—
(i) be credited to the
account available to carry out this section; and
(ii) remain available until
expended without further appropriation.
(f)
Prohibition on use of
grant funds for construction
Except as provided in subsection
(d)(2), funds made available for grants under this section may not be
used—
(1) to construct a new
building or facility; or
(2) to acquire, expand,
remodel, or alter an existing building or facility, including site grading and
improvement and architect fees.
(g)
Regulations
Not
later than 1 year after the date of the enactment of this section, the
Secretary shall promulgate regulations to carry out this section.
(h)
Authorization of
appropriations
There are authorized to be appropriated to the
Secretary to carry out this section $10,000,000 for fiscal year 2014 and each
fiscal year thereafter, to remain available until
expended.
.
7105.
Grants and
fellowships for food and agriculture sciences education
Section 1417(m) of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3152(m)) is
amended by striking section $60,000,000 and all that follows and
inserting the
following:
section—
(1) $60,000,000 for each of fiscal years 1990
through 2013; and
(2) $40,000,000 for each of
fiscal years 2014 through
2018.
.
7106.
Policy research
centers
Section 1419A of the
National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3155) is amended—
(1) in the section heading,
by inserting Agricultural
and food before policy;
(2) in subsection (a), in the
matter preceding paragraph (1)—
(A) by striking
Secretary may and inserting Secretary shall, acting
through the Office of the Chief Economist,;
(B) by striking make
grants, competitive grants, and special research grants to, and enter into
cooperative agreements and other contracting instruments with, and
inserting make competitive grants to, or enter into cooperative
agreements with,; and
(C) by inserting with
a history of providing unbiased, nonpartisan economic analysis to
Congress after subsection (b);
(3) in subsection (b), by
striking other research institutions and all that follows
through shall be eligible and inserting and other public
research institutions and organizations shall be eligible;
(4) by redesignating
subsections (c) and (d) as subsections (d) and (e), respectively;
(5) by inserting after
subsection (b), the following new subsection:
(c)
Preference
In awarding grants under this section, the
Secretary shall give a preference to policy research centers that have
extensive databases, models, and demonstrated experience in providing Congress
with agricultural market projections, rural development analysis, agricultural
policy analysis, and baseline projections at the farm, multiregional, national,
and international levels.
;
and
(6) by striking subsection
(e) (as redesignated by paragraph (4)) and inserting the following new
subsection:
(e)
Authorization of
appropriations
There are
authorized to be appropriated to carry out this section—
(1) such sums as are
necessary for each of fiscal years 1996 through 2013; and
(2) $5,000,000 for each of fiscal years 2014
through
2018.
.
7107.
Repeal of human
nutrition intervention and health promotion research program
Effective October 1, 2013, section 1424 of
the National Agricultural Research, Extension, and Teaching Policy Act of 1977
(7 U.S.C. 3174) is repealed.
7108.
Repeal of pilot
research program to combine medical and agricultural research
Effective October 1, 2013, section 1424A of
the National Agricultural Research, Extension, and Teaching Policy Act of 1977
(7 U.S.C. 3174a) is repealed.
7109.
Nutrition education
program
Section 1425(f) of the
National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3175(f)) is amended by striking 2012 and inserting
2018.
7110.
Continuing animal
health and disease research programs
Section 1433 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3195) is amended
by striking the section designation and heading and all that follows through
subsection (a) and inserting the following:
1433.
Appropriations for
continuing animal health and disease research programs
(a)
Authorization of
appropriations
(1)
In
general
There are authorized
to be appropriated to support continuing animal health and disease research
programs at eligible institutions—
(A) $25,000,000 for each of fiscal years 1991
through 2013; and
(B) $15,000,000 for each of
fiscal years 2014 through 2018.
(2)
Use of
funds
Funds made available
under this section shall be used—
(A) to meet the expenses of
conducting animal health and disease research, publishing and disseminating the
results of such research, and contributing to the retirement of employees
subject to the Act of March 4, 1940 (7 U.S.C. 331);
(B) for administrative
planning and direction; and
(C) to purchase equipment and
supplies necessary for conducting the research described in subparagraph
(A).
.
7111.
Repeal of
appropriations for research on national or regional problems
(a)
Repeal
Effective October 1, 2013, section 1434 of
the National Agricultural Research, Extension, and Teaching Policy Act of 1977
(7 U.S.C. 3196) is repealed.
(b)
Conforming
amendments
(1)
Matching
funds
Section 1438 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3200) is amended in the
first sentence by striking , exclusive of the funds provided for
research on specific national or regional animal health and disease problems
under the provisions of section 1434 of this title,.
(2)
Authorization of
appropriations for existing and certain new agricultural research
programs
Section 1463(c) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3311(c)) is amended by
striking sections 1433 and 1434 and inserting section
1433.
7112.
Grants to upgrade
agricultural and food sciences facilities at 1890 land-grant colleges,
including Tuskegee University
Section 1447(b) of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222b(b)) is
amended by striking 2012 and inserting
2018.
7113.
Grants to upgrade
agriculture and food science facilities and equipment at insular area
land-grant institutions
(a)
Supporting tropical and
subtropical agricultural research
(1)
In
general
Section 1447B(a) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222b–2(a)) is amended to
read as follows:
(a)
Purpose
It is the intent of Congress to assist the
land-grant colleges and universities in the insular areas in efforts to—
(1) acquire, alter, or repair
facilities or relevant equipment necessary for conducting agricultural
research; and
(2) support tropical and
subtropical agricultural research, including pest and disease
research.
.
(2)
Conforming
amendment
Section 1447B of
the National Agricultural Research, Extension, and Teaching Policy Act of 1977
(7 U.S.C. 3222b–2) is amended in the heading—
(A) by inserting
and support tropical and
subtropical agricultural research after
equipment; and
(B) by striking
institutions and inserting
colleges and
universities.
(b)
Extension
Section 1447B(d) of the National
Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3222b–2(d)) is amended by striking 2012 and inserting
2018.
7114.
Repeal of national
research and training virtual centers
Effective October 1, 2013, section 1448 of
the National Agricultural Research, Extension, and Teaching Policy Act of 1977
(7 U.S.C. 3222c) is repealed.
7115.
Hispanic-serving
institutions
Section 1455(c)
of the National Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3241(c)) is amended by striking 2012 and
inserting 2018.
7116.
Competitive Grants
Program for Hispanic Agricultural Workers and Youth
Section 1456(e)(1) of the National
Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3243(e)(1)) is amended to read as follows:
(1)
In
general
The Secretary shall
establish a competitive grants program—
(A) to fund fundamental and applied research
and extension at Hispanic-serving agricultural colleges and universities in
agriculture, human nutrition, food science, bioenergy, and environmental
science; and
(B) to award competitive grants to
Hispanic-serving agricultural colleges and universities to provide for training
in the food and agricultural sciences of Hispanic agricultural workers and
Hispanic youth working in the food and agricultural
sciences.
.
7117.
Competitive grants
for international agricultural science and education programs
Section 1459A(c) of the National
Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3292b(c)) is amended to read as follows:
(c)
Authorization of
appropriations
There are
authorized to be appropriated to carry out this section—
(1) such sums as are
necessary for each of fiscal years 1999 through 2013; and
(2) $5,000,000 for each of
fiscal years 2014 through
2018.
.
7118.
Repeal of research
equipment grants
Effective
October 1, 2013, section 1462A of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3310a) is repealed.
7119.
University
research
Section 1463 of the
National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3311) is amended in both of subsections (a) and (b) by striking
2012 and inserting 2018.
7120.
Extension
service
Section 1464 of the
National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3312) is amended by striking 2012 and inserting
2018.
7121.
Auditing, reporting,
bookkeeping, and administrative requirements
Section 1469 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3315) is
amended—
(1) in subsection (a)—
(A) in paragraph (2), by
adding and at the end;
(B) by striking paragraph
(3); and
(C) by redesignating
paragraph (4) as paragraph (3);
(2) by redesignating
subsections (b), (c), and (d) as subsections (d), (e), and (f), respectively;
and
(3) by inserting after
subsection (a) the following new subsections:
(b)
Administrative
expenses
(1)
In
general
Except as provided in paragraph (2) and notwithstanding
any other provision of law, the Secretary may retain not more than 4 percent of
amounts made available for agricultural research, extension, and teaching
assistance programs for the administration of those programs authorized under
this Act or any other Act.
(2)
Exceptions
The limitation on administrative expenses
under paragraph (1) shall not apply to peer panel expenses under subsection (d)
or any other provision of law related to the administration of agricultural
research, extension, and teaching assistance programs that contains a
limitation on administrative expenses that is less than the limitation under
paragraph (1).
(c)
Agreements with
non-Federal entities
(1)
Former agricultural
research facilities of the Department
To the maximum extent practicable, the
Secretary, for purposes of supporting ongoing research and information
dissemination activities, including supporting research and those activities
through co-locating scientists and other technical personnel, sharing of
laboratory and field equipment, and providing financial support, shall enter
into grants, contracts, cooperative agreements, or other legal instruments with
former Department of Agriculture agricultural research facilities.
(2)
Agreements with
agricultural research organizations
The Secretary, for purposes of receiving
from a non-Federal agricultural research organization support for agricultural
research, including staffing, laboratory and field equipment, or direct
financial assistance, may enter into grants, contracts, cooperative agreements,
or other legal instruments with a non-Federal agricultural research
organization, the operation of which is consistent with the research mission
and programs of an agricultural research facility of the Department of
Agriculture.
.
7122.
Supplemental and
alternative crops
(a)
Authorization of
appropriations and termination
Section 1473D of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3319d) is
amended—
(1) in subsection (a), by striking
2012 and inserting 2018; and
(2) by adding at the end the
following new subsection:
(e) There are authorized to be appropriated to
carry out this section—
(1) such sums as are
necessary for fiscal year 2013; and
(2) $1,000,000 for each of
fiscal years 2014 through
2018.
.
(b)
Competitive
grants
Section 1473D(c)(1) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3319d(c)(1)) is amended by
striking use such research funding, special or competitive grants, or
other means, as the Secretary determines, and inserting make
competitive grants.
7123.
Capacity building
grants for NLGCA institutions
Section 1473F(b) of the National
Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3319i(b)) is amended by striking 2012 and inserting
2018.
7124.
Aquaculture
assistance programs
(a)
Competitive
grants
Section 1475(b) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3322(b)) is amended in the
matter preceding paragraph (1), by inserting competitive before
grants.
(b)
Authorization of
appropriations
Section 1477
of the National Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3324) is amended to read as follows:
1477.
Authorization of
appropriations
(a)
In
general
There are authorized
to be appropriated to carry out this subtitle—
(1) $7,500,000 for each of
fiscal years 1991 through 2013; and
(2) $5,000,000 for each of
fiscal years 2014 through 2018.
(b)
Prohibition on
use
Funds made available under this section may not be used to
acquire or construct a
building.
.
7125.
Rangeland research
programs
Section 1483(a) of
the National Agricultural Research, Extension, and Teaching Policy Act of 1977
(7 U.S.C. 3336(a)) is amended by striking subtitle and all that
follows and inserting the
following:
subtitle—
(1) $10,000,000 for each of fiscal years 1991
through 2013; and
(2) $2,000,000 for each of
fiscal years 2014 through
2018.
.
7126.
Special authorization
for biosecurity planning and response
Section 1484(a) of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3351(a)) is
amended by striking response such sums as are necessary and all
that follows and inserting the
following:
response—
(1) such sums as are necessary for each of
fiscal years 2002 through 2013; and
(2) $10,000,000 for each of
fiscal years 2014 through
2018.
.
7127.
Distance education
and resident instruction grants program for insular area institutions of higher
education
(a)
Distance education
grants for insular areas
(1)
Competitive
grants
Section 1490(a) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3362(a)) is amended by
striking or noncompetitive.
(2)
Authorization of
appropriations
Section
1490(f) of the National Agricultural Research, Extension, and Teaching Policy
Act of 1977 (7 U.S.C. 3362(f)) is amended by striking section
and all that follows and inserting the
following:
section—
(1) such sums as are necessary for each of
fiscal years 2002 through 2013; and
(2) $2,000,000 for each of
fiscal years 2014 through
2018.
.
(b)
Resident instruction
grants for insular areas
Section 1491(c) of the National
Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3363(c)) is amended by striking such sums as are necessary and
all that follows and inserting the
following:
to carry out this
section—
(1) such sums as are necessary for each of
fiscal years 2002 through 2013; and
(2) $2,000,000 for each of
fiscal years 2014 through
2018.
.
7128.
Matching funds
requirement
(a)
In
general
The National
Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3101 et seq.) is amended by adding at the end the following new
subtitle:
P
General
Provisions
1492.
Matching funds
requirement
(a)
In
general
The recipient of a
competitive grant that is awarded by the Secretary under a covered law shall
provide funds, in-kind contributions, or a combination of both, from sources
other than funds provided through such grant in an amount at least equal to the
amount of such grant.
(b)
Exception
The matching funds requirement under
subsection (a) shall not apply to grants awarded—
(1) to a research agency of
the Department of Agriculture;
(2) to an entity eligible to receive funds
under a capacity and infrastructure program (as defined in section 251(f)(1)(C)
of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C.
6971(f)(1)(C))), including a partner of such entity.
(c)
Covered
law
In this section, the term covered law means each
of the following provisions of law:
(1) This title.
(2) Title XVI of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5801 et
seq.).
(3) The Agricultural
Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7601 et
seq.).
(4) Part III of subtitle E of
title VII of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 3202 et
seq.).
(5) The Competitive, Special,
and Facilities Research Grant Act (7 U.S.C.
450i).
.
(b)
Conforming
amendment
Paragraph (9) of subsection (b) of the Competitive,
Special, and Facilities Research Grant Act (7 U.S.C. 450i(b)) is
amended—
(1) by striking subparagraph
(B);
(2) in the heading, by
inserting for equipment
grants after funds;
(3) by striking
(A)
Equipment
grants.—; and
(4) by redesignating clauses
(i) and (ii) as subparagraphs (A) and (B), respectively, and moving the margins
of such subparagraphs two ems to the left.
(c)
Application to
amendments
(1)
New
grants
Section 1492 of the
National Agricultural, Research, Extension, and Teaching Policy Act of 1977, as
added by subsection (a), shall apply with respect to grants described in such
section awarded after October 1, 2013, unless the provision of a covered law
under which such grants are awarded specifically exempts such grants from the
matching funds requirement under such section.
(2)
Existing
grants
A matching funds requirement in effect on or before
October 1, 2013, under a covered law shall continue to apply to a grant awarded
under such provision of law on or before that date.
B
Food, Agriculture,
Conservation, and Trade Act of 1990
7201.
Best utilization of
biological applications
Section 1624 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5814) is amended in the first
sentence—
(1) by striking
$40,000,000 for each fiscal year; and
(2) by inserting
$40,000,000 for each of fiscal years 2013 through 2018 after
chapter.
7202.
Integrated management
systems
Section 1627(d) of the
Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5821(d)) is
amended to read as follows:
(d)
Authorization of
appropriations
There are authorized to be appropriated to carry
out this section through the National Institute of Food and Agriculture
$20,000,000 for each of fiscal years 2013 through
2018.
.
7203.
Sustainable
agriculture technology development and transfer program
Section 1628(f) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5831(f)) is amended to read as
follows:
(f)
Authorization of
appropriations
There are authorized to be appropriated to carry
out this section—
(1) such sums as are
necessary for fiscal year 2013; and
(2) $5,000,000 for each of
fiscal years 2014 through
2018.
.
7204.
National training
program
Section 1629(i) of the
Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5832(i)) is
amended to read as follows:
(i)
Authorization of
appropriations
There are authorized to be appropriated to carry
out the National Training Program $20,000,000 for each of fiscal years 2013
through
2018.
.
7205.
National Genetics
Resources Program
Section
1635(b) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
5844(b)) is amended—
(1) by striking such
funds as may be necessary; and
(2) by striking
subtitle and all that follows and inserting the
following:
subtitle—
(1) such sums as are necessary for each of
fiscal years 1991 through 2013; and
(2) $1,000,000 for each of
fiscal years 2014 through
2018.
.
7206.
Repeal of National
Agricultural Weather Information System
Effective October 1, 2013, subtitle D of
title XVI of the Food, Agriculture, Conservation, and Trade Act of 1990 (7
U.S.C. 5851 et seq.) is repealed.
7207.
Repeal of rural
electronic commerce extension program
Effective October 1, 2013, section 1670 of
the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5923) is
repealed.
7208.
Repeal of
agricultural genome initiative
Effective October 1, 2013, section 1671 of
the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5924) is
repealed.
7209.
High-priority
research and extension initiatives
Section 1672 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5925) is amended—
(1) in the first sentence of
subsection (a), by striking subsections (e) through (i) and
inserting subsections (e) and (f);
(2) in subsection (b)(2), in
the first sentence, by striking subsections (e) through (i) and
inserting subsections (e) and (f);
(3) by striking subsections
(e), (f), and (i);
(4) by redesignating subsections (g), (h), and
(j) as subsections (e), (f), and (g), respectively;
(5) in subsection (f) (as redesignated by
paragraph (4))—
(A) by striking
2012 each place it appears in paragraphs (1)(B), (2)(B), and (3)
and inserting 2018; and
(B) in paragraph (4)—
(i) in subparagraph (A), by
inserting and honey bee health disorders after
collapse; and
(ii) in subparagraph (B), by
inserting , including best management practices after
strategies; and
(6) in subsection (g) (as redesignated by
paragraph (4)), by striking 2012 and inserting
2018.
7210.
Repeal of nutrient
management research and extension initiative
Effective October 1, 2013, section 1672A of
the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925a) is
repealed.
7211.
Organic agriculture
research and extension initiative
Section 1672B of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5925b) is amended—
(1) by striking subsection (e) and inserting
the following new subsection:
(e)
Farm business
management encouraged
Following the completion of a peer review
process for grant proposals received under this section, the Secretary shall
give a priority to grant proposals found in the review process to be
scientifically meritorious using the same criteria the Secretary uses to give
priority to grants under section
1672D(b).
;
and
(2) in subsection
(f)—
(A) in paragraph (1)—
(i) in the heading of such
paragraph, by striking 2012 and
inserting 2018;
(ii) in subparagraph (A), by
striking and at the end;
(iii) in subparagraph (B), by
striking the period at the end and inserting ; and; and
(iv) by adding at the end the
following new subparagraph:
(C) $20,000,000 for each of fiscal years 2014
through 2018.
;
and
(B) in paragraph (2)—
(i) in the heading of such
paragraph, by striking 2009 through 2012 and inserting
2014 through
2018; and
(ii) by striking 2009
through 2012 and inserting 2014 through 2018.
7212.
Repeal of
agricultural bioenergy feedstock and energy efficiency research and extension
initiative
(a)
Repeal
Effective October 1, 2013, section 1672C of
the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925e) is
repealed.
(b)
Conforming
amendment
Section 251(f)(1)(D) of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6971(f)(1)(D)) is amended—
(1) by striking clause (xi);
and
(2) by redesignating clauses
(xii) and (xiii) as clauses (xi) and (xii), respectively.
7213.
Farm business
management
Section 1672D(d) of
the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925f(d))
is amended by striking such sums as are necessary to carry out this
section. and inserting the
following:
to carry out this
section—
(1) such sums as are necessary for fiscal year
2013; and
(2) $5,000,000 for each of
fiscal years 2014 through
2018.
.
7214.
Centers of
excellence
The Food,
Agriculture, Conservation, and Trade Act of 1990 is amended by inserting after
section 1672D (7 U.S.C. 5925f) the following new section:
1673.
Centers of
excellence
(a)
Funding
priorities
The Secretary
shall prioritize centers of excellence established for specific agricultural
commodities for the receipt of funding for any competitive research or
extension program administered by the Secretary.
(b)
Composition
A
center of excellence is composed of 1 or more of the eligible entities
specified in subsection (b)(7) of the Competitive, Special, and Facilities
Research Grant Act (7 U.S.C. 450i(b)(7)) that provide financial or in-kind
support to the center of excellence.
(c)
Criteria for centers of
excellence
(1)
Required
efforts
The criteria for consideration to be recognized as a
center of excellence shall include efforts—
(A) to ensure coordination
and cost effectiveness by reducing unnecessarily duplicative efforts regarding
research, teaching, and extension;
(B) to leverage available
resources by using public/private partnerships among agricultural industry
groups, institutions of higher education, and the Federal Government;
(C) to implement teaching
initiatives to increase awareness and effectively disseminate solutions to
target audiences through extension activities; and
(D) to increase the economic
returns to rural communities by identifying, attracting, and directing funds to
high-priority agricultural issues.
(2)
Additional
efforts
Where practicable,
the criteria for consideration to be recognized as a center of excellence shall
include efforts to improve teaching capacity and infrastructure at colleges and
universities (including land-grant institutions, schools of forestry, schools
of veterinary medicine, and NLGCA
Institutions).
.
7215.
Repeal of red meat
safety research center
Effective October 1, 2013, section 1676 of
the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5929) is
repealed.
7216.
Assistive technology
program for farmers with disabilities
Section 1680(c)(1) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5933(c)(1)) is amended—
(1) by striking
is and inserting are; and
(2) by striking
section and all that follows and inserting the
following:
section—
(A) $6,000,000 for each of fiscal years 1999
through 2013; and
(B) $3,000,000 for each of
fiscal years 2014 through
2018.
.
7217.
National rural
information center clearinghouse
Section 2381(e) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 3125b(e)) is amended by striking
2012 and inserting 2018.
C
Agricultural Research,
Extension, and Education Reform Act of 1998
7301.
Relevance and merit
of agricultural research, extension, and education funded by the
Department
Section 103(a)(2)
of the Agricultural Research, Extension, and Education Reform Act of 1998 (7
U.S.C. 7613(a)(2)) is amended—
(1) in the heading by striking
Merit review of
extension and inserting Relevance and merit review of research,
extension,;
(2) in subparagraph
(A)—
(A) by inserting
relevance and before merit; and
(B) by striking
extension or education and inserting research, extension,
or education; and
(3) in subparagraph (B), by
inserting on a continuous basis after
procedures.
7302.
Integrated research,
education, and extension competitive grants program
Section 406(f) of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7 U.S.C. 7626(f)) is amended by
striking 2012 and inserting 2018.
7303.
Repeal of coordinated
program of research, extension, and education to improve viability of small and
medium size dairy, livestock, and poultry operations
(a)
Repeal
Effective October 1, 2013, section 407 of
the Agricultural Research, Extension, and Education Reform Act of 1998 (7
U.S.C. 7627) is repealed.
(b)
Conforming
amendment
Section
251(f)(1)(D) of the Department of Agriculture Reorganization Act of 1994 (7
U.S.C. 6971(f)(1)(D)), as amended by section 7212(b), is further
amended—
(1) by striking clause (xi)
(as redesignated by section 7212(b)); and
(2) by redesignating clause
(xii) (as redesignated by section 7212(b)) as clause (xi).
7304.
Fusarium Graminearum
grants
Section 408(e) of the
Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C.
7628(e)) is amended to read as follows:
(e)
Authorization of
appropriations
There are
authorized to be appropriated to carry out this section—
(1) such sums as may be necessary for each of
fiscal years 1999 through 2013; and
(2) $7,500,000 for each of
fiscal years 2014 through 2018.
.
7305.
Repeal of Bovine
Johne's disease control program
Effective October 1, 2013, section 409 of
the Agricultural Research, Extension, and Education Reform Act of 1998 (7
U.S.C. 7629) is repealed.
7306.
Grants for youth
organizations
Section 410(d)
of the Agricultural Research, Extension, and Education Reform Act of 1998 (7
U.S.C. 7630(d)) is amended by striking section such sums as are
necessary and all that follows and inserting the
following:
section—
(1) such sums as are necessary for each of
fiscal years 2008 through 2013; and
(2) $3,000,000 for each of
fiscal years 2014 through
2018.
.
7307.
Specialty crop
research initiative
Section
412 of the Agricultural Research, Extension, and Education Reform Act of 1998
(7 U.S.C. 7632) is amended—
(1) in subsection (b)—
(A) in paragraph (1), by
striking and genomics and inserting genomics, and other
methods; and
(B) in paragraph (3), by
inserting handling and processing, after production
efficiency,;
(2) by striking subsection
(d) and inserting the following new subsection:
(d)
Research
projects
In carrying out this
section, the Secretary shall award competitive grants on the basis of—
(1) an initial scientific peer review conducted
by a panel of subject matter experts from Federal agencies, non-Federal
entities, and the specialty crop industry; and
(2) a final funding determination made by the
Secretary based on a review and ranking for merit, relevance, and impact
conducted by a panel of specialty crop industry representatives for the
specific specialty crop.
;
and
(3) in subsection (h)—
(A) in paragraph (1)—
(i) in the heading, by
striking (1) Mandatory funding for fiscal years 2008 through
2012.—Of the funds
and inserting the following:
(1)
Mandatory
funding
(A)
Fiscal years 2008
through 2012
Of the funds
;
and
(ii) by adding at the end the
following new subparagraph:
(B)
Subsequent
funding
Of the funds of the
Commodity Credit Corporation, the Secretary shall make available to carry out
this section—
(i) $50,000,000 for fiscal
years 2014 and 2015;
(ii) $55,000,000 for fiscal
years 2016 and 2017; and
(iii) $65,000,000 for fiscal
year 2018 and each fiscal year
thereafter.
;
and
(B) in paragraph (2)—
(i) in the heading, by
striking 2008 through
2012 and inserting
2014
through 2018; and
(ii) by striking 2008
through 2012 and inserting 2014 through 2018.
7308.
Food animal residue
avoidance database program
Section 604(e) of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7 U.S.C. 7642(e)) is amended by
striking 2012 and inserting 2018.
7309.
Repeal of national
swine research center
Effective October 1, 2013, section 612 of
the Agricultural Research, Extension, and Education Reform Act of 1998 (Public
Law 105–185; 112 Stat. 605) is repealed.
7310.
Office of pest
management policy
Section
614(f) of the Agricultural Research, Extension, and Education Reform Act of
1998 (7 U.S.C. 7653(f)) is amended—
(1) by striking such sums as are
necessary; and
(2) by striking
section and all that follows and inserting the
following:
section—
(1) such sums as are necessary for each of
fiscal years 1999 through 2013; and
(2) $3,000,000 for each of
fiscal years 2014 through
2018.
.
7311.
Repeal of studies of
agricultural research, extension, and education
Effective October 1, 2013, subtitle C of
title VI of the Agricultural Research, Extension, and Education Reform Act of
1998 (7 U.S.C. 7671 et seq.) is repealed.
D
Other Laws
7401.
Critical Agricultural
Materials Act
Section 16(a) of
the Critical Agricultural Materials Act (7 U.S.C. 178n(a)) is amended—
(1) by striking such sums as are
necessary; and
(2) by striking
Act and all that follows and inserting the
following:
Act—
(1) such sums as are necessary for each of
fiscal years 1991 through 2013; and
(2) $2,000,000 for each of
fiscal years 2014 through
2018.
.
7402.
Equity in Educational
Land-grant Status Act of 1994
(a)
Definition of 1994
institutions
Section 532 of the Equity in Educational Land-Grant
Status Act of 1994 (7 U.S.C. 301 note; Public Law 103–382) is amended—
(1) in paragraph (8), by
striking Memorial;
(2) in paragraph (26), by
striking Community;
(3) by striking paragraphs
(5), (10), and (27);
(4) by redesignating
paragraphs (1), (2), (3), (4), (6), (7), (8), (9), (14), (15), (16), (17),
(18), (19), (20), (21), (22), (23), (24), (25), (26), (28), (29), (30), (31),
(32), (33), and (34) as paragraphs (2), (3), (4), (7), (8), (9), (5), (10),
(15), (17), (18), (19), (20), (22), (23), (24), (25), (32), (26), (27), (28),
(29), (30), (31), (33), (34), (35), and (14), respectively, and transferring
the paragraphs so as to appear in numerical order;
(5) by inserting before
paragraph (2) (as so redesignated), the following new paragraph:
(1) Aaniih Nakoda
College.
;
(6) by inserting after
paragraph (5) (as so redesignated), the following new paragraph:
(6) College of the Muscogee
Nation.
;
(7) by inserting after paragraph (15) (as so
redesignated) the following new paragraph:
(16) Keweenaw Bay Ojibwa Community
College.
;
and
(8) by inserting after
paragraph (20) (as so redesignated) the following new paragraph:
(21) Navajo Technical
College.
.
(b)
Endowment for 1994
institutions
Section 533(b)
of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note;
Public Law 103–382) is amended in the first sentence by striking
2012 and inserting 2018.
(c)
Institutional Capacity
Building Grants
Section 535
of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note;
Public Law 103–382) is amended by striking 2012 each place it
appears in subsections (b)(1) and (c) and inserting 2018.
(d)
Research
grants
(1)
Authorization of
appropriations
Section 536(c)
of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note;
Public Law 103–382) is amended in the first sentence by striking
2012 and inserting 2018.
(2)
Research grant
requirements
Section 536(b) of the Equity in Educational
Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public Law 103–382) is
amended by striking with at least 1 other land-grant college or
university and all that follows and inserting the
following:
with—
(1) the Agricultural Research Service of the
Department of Agriculture; or
(2) at least 1—
(A) other land-grant college
or university (exclusive of another 1994 Institution);
(B) non-land-grant college of
agriculture (as defined in section 1404 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103)); or
(C) cooperating forestry
school (as defined in that
section).
.
7403.
Research Facilities
Act
Section 6(a) of the
Research Facilities Act (7 U.S.C. 390d(a)) is amended by striking
2012 and inserting 2018.
7404.
Repeal of carbon
cycle research
Effective
October 1, 2013, section 221 of the Agricultural Risk Protection Act of 2000 (7
U.S.C. 6711) is repealed.
7405.
Competitive, Special,
and Facilities Research Grant Act
(a)
Extension
Subsection (b)(11)(A) of the Competitive,
Special, and Facilities Research Grant Act (7 U.S.C. 450i(b)(11)(A)) is amended
in the matter preceding clause (i) by striking 2012 and
inserting 2018.
(b)
Priority
areas
Subsection (b)(2) of
the Competitive, Special, and Facilities Research Grant Act (7 U.S.C.
450i(b)(2)) is amended—
(1) in subparagraph
(A)—
(A) in clause (vi), by
striking and at the end;
(B) in clause (vii), by
striking the period at the end and inserting ; and; and
(C) by adding at the end the
following new clause:
(viii) plant-based foods that are major sources of
nutrients of concern (as determined by the
Secretary).
;
(2) in subparagraph
(B)—
(A) in clause (vii), by
striking and at the end;
(B) in clause (viii), by
striking the period at the end and inserting a semicolon; and
(C) by adding at the end the
following new clauses:
(ix) the research and development of
surveillance methods, vaccines, vaccination delivery systems, or diagnostic
tests for pests and diseases (especially zoonotic diseases) in wildlife
reservoirs presenting a potential concern to public health or domestic
livestock and pests and diseases in minor species (including deer, elk, and
bison); and
(x) the identification of animal drug needs and
the generation and dissemination of data for safe and effective therapeutic
applications of animal drugs for minor species and minor uses of such drugs in
major species.
;
(3) in subparagraph
(C)—
(A) in clause (ii), by
inserting before the semicolon , including the effects of plant-based
foods that are major sources of nutrients of concern on diet and
health;
(B) in clause (iii), by inserting before the
semicolon , including plant-based foods that are major sources of
nutrients of concern;
(C) in clause (iv), by inserting before the
semicolon , including postharvest practices conducted with respect to
plant-based foods that are major sources of nutrients of concern;
and
(D) in clause (v), by
inserting before the period , including improving the functionality of
plant-based foods that are major sources of nutrients of
concern;
(4) in subparagraph
(D)—
(A) by redesignating clauses (iv), (v), and
(vi) as clauses (v), (vi), and (vii), respectively; and
(B) by inserting after clause
(iii) the following new clause:
(iv) the effectiveness of conservation practices
and technologies designed to address nutrient losses and improve water
quality;
;
and
(5) in subparagraph
(F)—
(A) in the matter preceding
clause (i), by inserting economics, after
trade,;
(B) by redesignating clauses
(v) and (vi) as clauses (vi) and (vii), respectively; and
(C) by inserting after clause
(iv) the following new clause:
(v) the economic costs, benefits, and viability
of producers adopting conservation practices and technologies designed to
improve water
quality;
.
(c)
General
administration
Subsection
(b)(4) of the Competitive, Special, and Facilities Research Grant Act (7 U.S.C.
450i(b)(4)) is amended—
(1) in subparagraph (D), by
striking and at the end;
(2) in subparagraph (E), by
striking the period at the end and inserting ; and; and
(3) by adding at the end the
following new subparagraph:
(F) establish procedures under which a
commodity board established under a commodity promotion law (as such term is
defined under section 501(a) of the Federal Agriculture Improvement and Reform
Act of 1996 (7 U.S.C. 7401(a))) or a State commodity board (or other equivalent
State entity) may directly submit to the Secretary proposals for requests for
applications to specifically address particular issues related to the priority
areas specified in paragraph
(2).
.
(d)
Special
considerations
Subsection
(b)(6) of the Competitive, Special, and Facilities Research Grant Act (7 U.S.C.
450i(b)(6)) is amended—
(1) in subparagraph (C), by
striking and at the end;
(2) in subparagraph (D), by
striking the period at the end and inserting ; and; and
(3) by adding at the end the
following new subparagraph:
(E) to eligible entities to carry out the
specific research proposals submitted under procedures established under
paragraph
(4)(F).
.
(e)
Eligible
entities
Subsection (b)(7)(G)
of the Competitive, Special, and Facilities Research Grant Act (7 U.S.C.
450i(b)(7)(G)) is amended by striking or corporations and
inserting , foundations, or corporations .
(f)
Inter-Regional Research
Project Number 4
Subsection
(e) of the Competitive, Special, and Facilities Research Grant Act (7 U.S.C.
450i(e)) is amended—
(1) in paragraph (1)(A), by
striking minor use pesticides and inserting pesticides
for minor agricultural use and for use on specialty crops (as defined in
section 3 of the Specialty Crop Competitiveness Act of 2004 (7 U.S.C. 1621
note); and
(2) in paragraph (4)—
(A) in subparagraph (A), by
inserting and for use on specialty crops after minor
agricultural use;
(B) in subparagraph (B), by
striking and at the end;
(C) by redesignating
subparagraph (C) as subparagraph (G); and
(D) by inserting after
subparagraph (B) the following new subparagraphs:
(C) prioritize potential pest management
technology for minor agricultural use and for use on specialty crops;
(D) conduct research to
develop the data necessary to facilitate pesticide registrations,
reregistrations, and associated tolerances;
(E) assist in removing trade barriers caused by
residues of pesticides registered for minor agricultural use and for use on
domestically grown specialty crops;
(F) assist in the registration and
reregistration of pest management technologies for minor agricultural use and
for use on specialty crops;
and
.
(g)
Emphasis on sustainable
agriculture
The Competitive,
Special, and Facilities Research Grant Act (7 U.S.C. 450i) is amended by
striking subsection (k).
7406.
Renewable Resources
Extension Act of 1978
(a)
Authorization of
appropriations
Section 6 of
the Renewable Resources Extension Act of 1978 (16 U.S.C. 1675) is amended in
the first sentence by striking 2012 and inserting
2018.
(b)
Termination
date
Section 8 of the
Renewable Resources Extension Act of 1978 (16 U.S.C. 1671 note; Public Law
95–306) is amended by striking 2012 and inserting
2018.
7407.
National Aquaculture
Act of 1980
Section 10 of the National Aquaculture Act
of 1980 (16 U.S.C. 2809) is amended by striking 2012 each place
it appears and inserting 2018.
7408.
Repeal of use of
remote sensing data
Effective
October 1, 2013, section 892 of the Federal Agriculture Improvement and Reform
Act of 1996 (7 U.S.C. 5935) is repealed.
7409.
Repeal of reports
under Farm Security and Rural Investment Act of
2002
(a)
Repeal of report on
producers and handlers for organic products
Effective October 1, 2013, section 7409 of
the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 5925b note; Public
Law 107–171) is repealed.
(b)
Repeal of report on
genetically modified pest-Protected plants
Effective October 1, 2013, section 7410 of
the Farm Security and Rural Investment Act of 2002 (Public Law 107–171; 116
Stat. 462) is repealed.
(c)
Repeal of study on
nutrient banking
Effective
October 1, 2013, section 7411 of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 5925a note; Public Law 107–171) is repealed.
7410.
Beginning farmer and
rancher development program
Section 7405 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 3319f) is amended—
(1) in subsection (c)—
(A) in paragraph (1), by
striking subparagraphs (A) through (R) and inserting the following new
subparagraphs:
(A) basic livestock, forest
management, and crop farming practices;
(B) innovative farm, ranch,
and private, nonindustrial forest land transfer strategies;
(C) entrepreneurship and
business training;
(D) financial and risk management training
(including the acquisition and management of agricultural credit);
(E) natural resource
management and planning;
(F) diversification and
marketing strategies;
(G) curriculum
development;
(H) mentoring,
apprenticeships, and internships;
(I) resources and
referral;
(J) farm financial
benchmarking;
(K) assisting beginning
farmers or ranchers in acquiring land from retiring farmers and
ranchers;
(L) agricultural
rehabilitation and vocational training for veterans; and
(M) other similar subject
areas of use to beginning farmers or
ranchers.
;
(B) in paragraph (7), by striking and
community-based organizations and inserting , community-based
organizations, and school-based agricultural educational
organizations;
(C) by striking paragraph (8)
and inserting the following new paragraph:
(8)
Military veteran
beginning farmers and ranchers
(A)
In
general
Not less than 5 percent of the funds used to carry out
this subsection for a fiscal year shall be used to support programs and
services that address the needs of military veteran beginning farmers and
ranchers.
(B)
Coordination
permitted
A recipient of a grant under this section using the
grant as described in subparagraph (A) may coordinate with a recipient of a
grant under section 1680 of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5933) in addressing the needs of military veteran beginning
farmers and ranchers with disabilities.
;
and
(D) by adding at the end the
following new paragraph:
(11)
Limitation on indirect
costs
A recipient of a grant
under this section may not use more than 10 percent of the funds provided by
the grant for the indirect costs of carrying out the initiatives described in
paragraph (1).
;
(2) in subsection
(h)(1)—
(A) in the paragraph heading,
by striking 2012 and
inserting 2018;
(B) in subparagraph (A), by
striking and at the end;
(C) in subparagraph (B), by
striking the period at the end and inserting ; and; and
(D) by adding at the end the
following new subparagraph:
(C) $20,000,000 for each of fiscal years 2014
through 2018, to remain available until
expended.
;
and
(3) in subsection
(h)(2)—
(A) in the paragraph heading, by striking
2008 through
2012 and inserting 2014 through 2018; and
(B) by striking 2008
through 2012 and inserting 2014 through 2018.
7411.
Inclusion of Northern
Mariana Islands as a State under McIntire-Stennis Cooperative Forestry
Act
Section 8 of Public Law
87–788 (commonly known as the McIntire-Stennis Cooperative Forestry Act; 16
U.S.C. 582a–7) is amended by striking and Guam and inserting
Guam, and the Commonwealth of the Northern Mariana
Islands.
E
Food, Conservation, and
Energy Act of 2008
1
Agricultural
Security
7501.
Agricultural
biosecurity communication center
Section 14112(c) of the Food, Conservation,
and Energy Act of 2008 (7 U.S.C. 8912(c)) is amended to read as follows:
(c)
Authorization of
appropriations
There are
authorized to be appropriated to carry out this section—
(1) such sums as are necessary for each of
fiscal years 2008 through 2013; and
(2) $2,000,000 for each of
fiscal years 2014 through
2018.
.
7502.
Assistance to build
local capacity in agricultural biosecurity planning, preparation, and
response
Section 14113 of the
Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8913) is amended—
(1) in subsection (a)(2)—
(A) by striking such
sums as may be necessary; and
(B) by striking
subsection and all that follows and inserting the
following:
subsection—
(A) such sums as are necessary for each of
fiscal years 2008 through 2013; and
(B) $15,000,000 for each of fiscal years 2014
through 2018.
;
and
(2) in subsection (b)(2), by
striking is authorized to be appropriated to carry out this
subsection and all that follows and inserting the
following:
are authorized to be appropriated to
carry out this subsection—
(A) $25,000,000 for each of fiscal years 2008
through 2013; and
(B) $15,000,000 for each of
fiscal years 2014 through
2018.
.
7503.
Research and
development of agricultural countermeasures
Section 14121(b) of the Food, Conservation,
and Energy Act of 2008 (7 U.S.C. 8921(b)) is amended by striking is
authorized to be appropriated to carry out this section and all that
follows and inserting the following:
are
authorized to be appropriated to carry out this
section—
(1) $50,000,000 for each of fiscal years 2008
through 2013; and
(2) $15,000,000 for each of
fiscal years 2014 through
2018.
.
7504.
Agricultural
biosecurity grant program
Section 14122(e) of the Food, Conservation,
and Energy Act of 2008 (7 U.S.C. 8922(e)) is amended—
(1) by striking sums as are
necessary; and
(2) by striking
section and all that follows and inserting the
following:
section—
(1) such sums as are necessary for each of
fiscal years 2008 through 2013, to remain available until expended; and
(2) $5,000,000 for each of
fiscal years 2014 through 2018, to remain available until
expended.
.
2
Miscellaneous
7511.
Enhanced use lease
authority pilot program
Section 308 of the Federal Crop Insurance
Reform and Department of Agriculture Reorganization Act of 1994 (7 U.S.C.
3125a) is amended—
(1) in subsection (b)(6)(A),
by striking 5 years and inserting 10 years;
and
(2) in subsection (d)(2), by
striking 1, 3, and 5 years and inserting 6, 8, and 10
years.
7512.
Grazinglands research
laboratory
Section 7502 of the
Food, Conservation, and Energy Act of 2008 (Public Law 110–246; 122 Stat. 2019)
is amended by striking 5-year period and inserting
10-year period.
7513.
Budget submission and
funding
Section 7506 of the
Food, Conservation, and Energy Act of 2008 (7 U.S.C. 7614c) is amended—
(1) by striking subsection
(a) and inserting the following new subsection:
(a)
Definitions
In this section:
(1)
Covered
program
The term covered program means—
(A) each research program
carried out by the Agricultural Research Service or the Economic Research
Service for which annual appropriations are requested in the annual budget
submission of the President; and
(B) each competitive program carried out by the
National Institute of Food and Agriculture for which annual appropriations are
requested in the annual budget submission of the President.
(2)
Request for
awards
The term request for awards means a funding
announcement published by the National Institute of Food and Agriculture that
provides detailed information on funding opportunities at the Institute,
including the purpose, eligibility, restriction, focus areas, evaluation
criteria, regulatory information, and instructions on how to apply for such
opportunities.
;
and
(2) by adding at the end the
following new subsections:
(e)
Additional Presidential
budget submission requirement
(1)
In
general
Each year, the
President shall submit to Congress, together with the annual budget submission
of the President, the information described in paragraph (2) for each funding
request for a covered program.
(2)
Information
described
The information
described in this paragraph includes—
(A) baseline information, including with
respect to each covered program—
(i) the funding level for the
program for the fiscal year preceding the year the annual budget submission of
the President is submitted;
(ii) the funding level requested in the annual
budget submission of the President, including any increase or decrease in the
funding level; and
(iii) an explanation justifying any change from
the funding level specified in clause (i) to the level specified in clause
(ii);
(B) with respect to each covered program that
is carried out by the Economic Research Service or the Agricultural Research
Service, the location and staff years of the program;
(C) the proposed funding levels to be allocated
to, and the expected publication date, scope, and allocation level for, each
request for awards to be published under or associated with—
(i) each priority area
specified in subsection (b)(2) of the Competitive, Special, and Facilities
Research Grant Act (7 U.S.C. 450i(b)(2));
(ii) each research and
extension project carried out under section 1621(a) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5811(a));
(iii) each grant to be awarded under section
1672B(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7
U.S.C. 5925b(a));
(iv) each grant awarded under
section 412(d) of the Agricultural Research, Extension, and Education Reform
Act of 1998 (7 U.S.C. 7632(d)); and
(v) each grant awarded under
7405(c)(1) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
3319f(c)(1)); or
(D) any other information the
Secretary determines will increase congressional oversight with respect to
covered programs.
(3)
Prohibition
Unless the President submits the
information described in paragraph (2)(C) for a fiscal year, the President may
not carry out any program during the fiscal year that is authorized
under—
(A) subsection (b) of the Competitive, Special,
and Facilities Research Grant Act (7 U.S.C. 450i(b));
(B) section 1621 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5811);
(C) section 1672B of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5925b);
(D) section 412 of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7 U.S.C. 7632); or
(E) section 7405 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 3319f).
(f)
Report of the Secretary
of Agriculture
Each year on a date that is not later than the
date on which the President submits the annual budget, the Secretary shall
submit to Congress a report containing a description of the agricultural
research, extension, and education activities carried out by the Federal
Government during the fiscal year that immediately precedes the year for which
the report is submitted, including—
(1) a review of the extent to
which those activities—
(A) are duplicative or
overlap within the Department of Agriculture; or
(B) are similar to activities
carried out by—
(i) other Federal
agencies;
(ii) the States (including
the District of Columbia, the Commonwealth of Puerto Rico and other territories
or possessions of the United States);
(iii) institutions of higher
education (as defined in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001)); or
(iv) the private sector;
and
(2) for each report submitted
under this section on or after January 1, 2013, a 5-year projection of national
priorities with respect to agricultural research, extension, and education,
taking into account domestic
needs.
.
7514.
Repeal of research
and education grants for the study of antibiotic-resistant
bacteria
Effective October 1,
2013, section 7521 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C.
3202) is repealed.
7515.
Repeal of farm and
ranch stress assistance network
Effective October 1, 2013, section 7522 of
the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 5936) is
repealed.
7516.
Repeal of seed
distribution
Effective October
1, 2013, section 7523 of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 415–1) is repealed.
7517.
Natural products
research program
Section
7525(e) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 5937(e)) is
amended to read as follows:
(e)
Authorization of
appropriations
There are authorized to be appropriated to carry
out this section $7,000,000 for each of fiscal years 2014 through
2018.
.
7518.
Sun grant
program
(a)
In
general
Section 7526 of the Food, Conservation, and Energy Act of
2008 (7 U.S.C. 8114) is amended—
(1) in subsection (a)(4)(B), by striking
the Department of Energy and inserting other appropriate
Federal agencies (as determined by the Secretary);
(2) in subsection
(c)(1)—
(A) in subparagraph (B), by striking
multistate and all that follows through the period and inserting
integrated, multistate research, extension, and education programs on
technology development and technology implementation.;
(B) by striking subparagraph
(C); and
(C) by redesignating
subparagraph (D) as subparagraph (C);
(3) in subsection (d)—
(A) in paragraph (1)—
(i) by striking in accordance with
paragraph (2);
(ii) by striking
gasification and inserting bioproducts;
and
(iii) by striking the
Department of Energy and inserting other appropriate Federal
agencies;
(B) by striking paragraph
(2); and
(C) by redesignating
paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and
(4) in subsection (g), by striking
2012 and inserting 2018.
(b)
Conforming
amendments
Section 7526(f)(1)
of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8114(f)(1)) is
amended by striking subsection (c)(1)(D)(i) and inserting
subsection (c)(1)(C)(i).
7519.
Repeal of study and
report on food deserts
Effective October 1, 2013, section 7527 of
the Food, Conservation, and Energy Act of 2008 (Public Law 110–246; 122 Stat.
2039) is repealed.
7520.
Repeal of
agricultural and rural transportation research and education
Effective October 1, 2013, section 7529 of
the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 5938) is
repealed.
F
Miscellaneous
provisions
7601.
Agreements with
nonprofit organizations for National Arboretum
Section 6 of the Act of March 4, 1927 (20
U.S.C. 196), is amended—
(1) in subsection (a), by
striking paragraph (1) and inserting the following new paragraph:
(1) negotiate agreements for the National
Arboretum with nonprofit scientific or educational organizations, the interests
of which are complementary to the mission of the National Arboretum, or
nonprofit organizations that support the purpose of the National Arboretum,
except that the net proceeds of the organizations from the agreements shall be
used exclusively for research and educational work for the benefit of the
National Arboretum and the operation and maintenance of the facilities of the
National Arboretum, including enhancements, upgrades, restoration, and
conservation;
;
and
(2) by adding at the end the
following new subsection:
(d)
Recognition of
donors
A non-profit
organization that entered into an agreement under subsection (a)(1) may
recognize donors if that recognition is approved in advance by the Secretary.
In considering whether to approve such recognition, the Secretary shall broadly
exercise the discretion of the Secretary to the fullest extent allowed under
Federal law in effect on the date of the enactment of this subsection.
.
7602.
Cotton Disease
Research Report
Not later than
180 days after the date of the enactment of this Act, the Secretary shall
submit to Congress a report on the fungus fusarium oxysporum f. sp. vasinfectum
race 4 (referred to in this section as FOV Race 4) and the
impact of such fungus on cotton, including—
(1) an overview of the threat FOV Race 4 poses
to the cotton industry in the United States;
(2) the status and progress of Federal research
initiatives to detect, contain, or eradicate FOV Race 4, including current FOV
Race 4-specific research projects; and
(3) a comprehensive strategy to combat FOV Race
4 that establishes—
(A) detection and identification goals;
(B) containment goals;
(C) eradication goals;
and
(D) a plan to partner with
the cotton industry in the United States to maximize resources, information
sharing, and research responsiveness and effectiveness.
7603.
Acceptance of
facility for Agricultural Research Service
(a)
Construction
authorized
Subject to
subsections (b) and (c), the Secretary of Agriculture may authorize a
non-Federal entity to construct, at no cost and without obligation to the
Federal Government, a facility for use by the Agricultural Research Service on
land owned by the Agricultural Research Service and managed by the
Secretary.
(b)
Acceptance of
gift
(1)
In
general
Subject to paragraph
(2), upon the completion of the construction of the facility by the non-Federal
entity under subsection (a), the Secretary shall accept the facility as a gift
in accordance with Public Law 95–442 (7 U.S.C. 2269).
(2)
Certification
The Secretary, in consultation with the
Director of the Office of Management and Budget, shall certify in advance that
the acceptance under paragraph (1) complies with the limitations specified in
paragraphs (1) and (2) of subsection (c).
(c)
Limitations
(1)
Value
The Secretary may not accept a facility as
a gift under this section if the fair market value of the facility is more than
$5,000,000.
(2)
No Federal
cost
The Secretary shall not
enter into any acquisitions, demonstrations, exchanges, grants, contracts,
incentives, leases, procurements, sales, or other transaction authorities or
arrangements that would obligate future appropriations with respect to the
facility constructed under subsection (a).
(d)
Termination of
authority
No facility may be
accepted by the Secretary for use by the Agricultural Research Service under
this section after September 30, 2018.
7604.
Miscellaneous
technical corrections
Sections
7408 and 7409 of the Food, Conservation, and Energy Act of 2008 (Public Law
110–246; 122 Stat. 2013) are both amended by striking Title III of the
Department of Agriculture Reorganization Act of 1994 and inserting
Title III of the Federal Crop Insurance Reform and Department of
Agriculture Reorganization Act of 1994.
VIII
Forestry
A
Repeal of Certain
Forestry Programs
8001.
Forest land
enhancement program
(a)
Repeal
Section 4 of the Cooperative Forestry
Assistance Act of 1978 (16 U.S.C. 2103) is repealed.
(b)
Conforming
amendment
Section 8002 of the
Farm Security and Rural Investment Act of 2002 (Public Law 107–171; 16 U.S.C.
2103 note) is amended by striking subsection (a).
(c)
Effective
date
The amendments made by
this section shall take effect on October 1, 2013.
8002.
Watershed forestry
assistance program
(a)
Repeal
Section 6 of the Cooperative Forestry
Assistance Act of 1978 (16 U.S.C. 2103b) is repealed.
(b)
Effective
date
The amendment made by
this section shall take effect on October 1, 2013.
8003.
Expired cooperative
national forest products marketing program
Section 18 of the Cooperative Forestry
Assistance Act of 1978 (16 U.S.C. 2112) is repealed.
8004.
Hispanic-serving
institution agricultural land national resources leadership program
(a)
Repeal
Section 8402 of the Food, Conservation, and
Energy Act of 2008 (16 U.S.C. 1649a) is repealed.
(b)
Effective
date
The amendment made by
this section shall take effect on October 1, 2013.
8005.
Tribal watershed
forestry assistance program
(a)
Repeal
Section 303 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6542) is repealed.
(b)
Effective
date
The amendment made by
this section shall take effect on October 1, 2013.
8006.
Separate Forest
Service decisionmaking and appeals process
Section 322 of the Department of the
Interior and Related Agencies Appropriations Act, 1993 (Public Law 102–381; 16
U.S.C. 1612 note) is repealed. Section 428 of division E of the Consolidated
Appropriations Act, 2012 (Public Law 112–74; 125 Stat. 1046; 16 U.S.C. 6515
note) shall not apply to any project or activity implementing a land and
resource management plan developed under section 6 of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C. 1604) that is categorically
excluded from documentation in an environmental assessment or an environmental
impact statement under the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
B
Reauthorization of
Cooperative Forestry Assistance Act of 1978 Programs
8101.
State-wide assessment
and strategies for forest resources
Section 2A(c) of the Cooperative Forestry
Assistance Act of 1978 (16 U.S.C. 2101a(c)) is amended—
(1) in paragraph (4), by
striking and;
(2) by redesignating
paragraph (5) as paragraph (6); and
(3) by inserting after
paragraph (4) the following new paragraph:
(5) as feasible, appropriate military
installations where the voluntary participation and management of private or
State-owned or other public forestland is able to support, promote, and
contribute to the missions of such installations;
and
.
8102.
Forest Legacy
Program
Subsection (m) of
section 7 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2103c)
is amended to read as follows:
(m)
Authorization of
appropriations
To carry out
this section, there are authorized to be appropriated—
(1) such sums as are necessary for fiscal year
2013; and
(2) $55,000,000 for each of fiscal years 2014
through
2018.
.
8103.
Community forest
and open space conservation program
Subsection (g) of section 7A of the
Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2103d) is amended to
read as follows:
(g)
Authorization of
appropriations
To carry out
this section, there are authorized to be appropriated—
(1) such sums as are necessary for fiscal year
2013; and
(2) $1,500,000 for each of fiscal years 2014
through
2018.
.
C
Reauthorization of Other
Forestry-Related Laws
8201.
Rural
revitalization technologies
Section 2371(d)(2) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 6601(d)(2)) is amended by
striking 2012 and inserting 2018.
8202.
Office of
International Forestry
Subsection (d) of section 2405 of the Global
Climate Change Prevention Act of 1990 (7 U.S.C. 6704) is amended to read as
follows:
(d)
Authorization of
appropriations
To carry out
this section, there are authorized to be appropriated—
(1) such sums as are necessary for each of
fiscal years 1996 through 2013; and
(2) $6,000,000 for each of fiscal years 2014
through
2018.
.
8203.
Change in funding
source for healthy forests reserve program
Section 508 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6578) is amended—
(1) in subsection (a), by
striking In
general and inserting Fiscal years 2009 through
2013;
(2) by redesignating
subsection (b) as subsection (d); and
(3) by inserting after subsection (a) the
following new subsections:
(b)
Fiscal years 2014
through 2018
There is
authorized to be appropriated to the Secretary of Agriculture to carry out this
section $9,750,000 for each of fiscal years 2014 through 2018.
(c)
Additional source of
funds
In addition to funds
appropriated pursuant to the authorization of appropriations in subsection (b)
for a fiscal year, the Secretary may use such amount of the funds appropriated
for that fiscal year to carry out the Soil Conservation and Domestic Allotment
Act (16 U.S.C. 590a et seq.) as the Secretary determines necessary to cover the
cost of technical assistance, management, and enforcement responsibilities for
land enrolled in the healthy forests reserve program pursuant to subsections
(a) and (b) of section
504.
.
8204.
Stewardship end
result contracting project authority
Section 347 of the Department of the
Interior and Related Agencies Appropriations Act, 1999 (as contained in section
101(e) of division A of Public Law 105–277; 16 U.S.C. 2104 note) is
amended—
(1) in subsection (a), by
striking 2013 and inserting 2018; and
(2) in subsection (c), by
adding at the end the following new paragraph:
(6)
Contract for sale of
property
At the discretion of
the Secretary of Agriculture, a contract entered into by the Forest Service
under this section may be considered a contract for the sale of property under
such terms as the Secretary may prescribe without regard to any other provision
of
law.
.
D
National Forest Critical
Area Response
8301.
Definitions
In this title:
(1)
Critical
area
The term critical area means an area of the
National Forest System designated by the Secretary under section 8302
(2)
National forest
system
The term
National Forest System has the meaning given that term in
section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C. 1609(a)).
(3)
Secretary
The
term Secretary means the Secretary of Agriculture.
8302.
Designation of
critical areas
(a)
Designation
requirements
The Secretary of
Agriculture shall designate critical areas within the National Forest System
for the purposes of addressing—
(1) deteriorating forest
health conditions in existence as of the date of the enactment of this Act due
to insect infestation, drought, disease, or storm damage; and
(2) the future risk of insect
infestations or disease outbreaks through preventative treatments.
(b)
Designation
method
In considering
National Forest System land for designation as a critical area, the Secretary
shall use—
(1) for purposes of
subsection (a)(1), the most recent annual forest health aerial surveys of
mortality and defoliation; and
(2) for purposes of subsection (a)(2), the
National Insect and Disease Risk Map.
(c)
Time for initial
designations
The first
critical areas shall be designated by the Secretary not later than 60 days
after the date of the enactment of this Act.
(d)
Duration of
designation
The designation of a critical area shall expire not
later than 10 years after the date of the designation.
8303.
Application of
expedited procedures and activities of the Healthy Forests Restoration Act of
2003 to critical areas
(a)
Applicability
Subject to subsections (b) through (e),
title I of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511 et seq.)
(including the environmental analysis requirements of section 104 of that Act
(16 U.S.C. 6514), the special administrative review process under section 105
of that Act (16 U.S.C. 6515), and the judicial review process under section 106
of that Act (16 U.S.C. 6516)), shall apply to all Forest Service projects and
activities carried out in a critical area.
(b)
Application of other
law
Section 322 of Public Law
102–381 (16 U.S.C. 1612 note; 106 Stat. 1419) shall not apply to projects
conducted in accordance with this section.
(c)
Required
modifications
In applying
title I of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511 et seq.)
to Forest Service projects and activities in a critical area, the Secretary
shall make the following modifications:
(1) The authority shall apply to the entire
critical area, including land that is outside of a wildland-urban interface
area or that does not satisfy any of the other eligibility criteria specified
in section 102(a) of that Act (16 U.S.C. 6512(a)).
(2) All projects and activities of the Forest
Service, including necessary connected actions (as described in section
1508.25(a)(1) of title 40, Code of Federal Regulations (or a successor
regulation)), shall be considered to be authorized hazardous fuel reduction
projects for purposes of applying the title.
(d)
Smaller
projects
(1)
In
general
Except as provided in paragraph (2), a project conducted
in a critical area in accordance with this section that comprises less than
10,000 acres shall be—
(A) considered an action
categorically excluded from the requirements for an environmental assessment or
an environmental impact statement under section 1508.4 of title 40, Code of
Federal Regulations (or a successor regulation); and
(B) exempt from the special administrative
review process under section 105 of the Healthy Forests Restoration Act of 2003
(16 U.S.C. 6515).
(2)
Exclusion of certain
areas
Paragraph (1) does not apply to—
(A) a component of the
National Wilderness Preservation System;
(B) any Federal land on
which, by Act of Congress or Presidential proclamation, the removal of
vegetation is restricted or prohibited;
(C) a congressionally
designated wilderness study area; or
(D) an area in which
activities under paragraph (1) would be inconsistent with the applicable land
and resource management plan.
(e)
Forest Management
Plans
All projects and
activities carried out in a critical area pursuant to this subtitle shall be
consistent with the land and resource management plan established under section
6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16
U.S.C. 1604) for the unit of the National Forest System containing the critical
area.
8304.
Good neighbor
authority
(a)
Definitions
In
this section:
(1)
Eligible
State
The term eligible State means a State that
contains National Forest System land.
(2)
Secretary
The
term Secretary means the Secretary of Agriculture.
(3)
State
forester
The term State forester means the head of a
State agency with jurisdiction over State forestry programs in an eligible
State.
(b)
Cooperative agreements
and contracts
(1)
In
general
The Secretary may enter into a cooperative agreement or
contract (including a sole source contract) with a State forester to authorize
the State forester to provide the forest, rangeland, and watershed restoration
and protection services described in paragraph (2) on National Forest System
land in the eligible State.
(2)
Authorized
services
The forest, rangeland, and watershed restoration and
protection services referred to in paragraph (1) include the conduct of—
(A) activities to treat
insect infected trees;
(B) activities to reduce
hazardous fuels; and
(C) any other activities to
restore or improve forest, rangeland, and watershed health, including fish and
wildlife habitat.
(3)
State as
agent
Except as provided in paragraph (6), a cooperative
agreement or contract entered into under paragraph (1) may authorize the State
forester to serve as the agent for the Secretary in providing the restoration
and protection services authorized under that paragraph.
(4)
Subcontracts
In
accordance with applicable contract procedures for the eligible State, a State
forester may enter into subcontracts to provide the restoration and protection
services authorized under a cooperative agreement or contract entered into
under paragraph (1).
(5)
Timber
sales
Subsections (d) and (g) of section 14 of the National
Forest Management Act of 1976 (16 U.S.C. 472a) shall not apply to services
performed under a cooperative agreement or contract entered into under
paragraph (1).
(6)
Retention of NEPA
responsibilities
Any decision required to be made under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect
to any restoration and protection services to be provided under this section by
a State forester on National Forest System land shall not be delegated to a
State forester or any other officer or employee of the eligible State.
(7)
Applicable
law
The restoration and protection services to be provided under
this section shall be carried out on a project-to-project basis under existing
authorities of the Forest Service.
E
Miscellaneous
Provisions
8401.
Revision of
strategic plan for forest inventory and analysis
(a)
Revision
required
Not later than 180
days after the date of the enactment of this Act, the Secretary of Agriculture
shall revise the strategic plan for forest inventory and analysis initially
prepared pursuant to section 3(e) of the Forest and Rangeland Renewable
Resources Research Act of 1978 (16 U.S.C. 1642(e)) to address the requirements
imposed by subsection (b).
(b)
Elements of revised
strategic plan
In revising
the strategic plan, the Secretary of Agriculture shall describe in detail the
organization, procedures, and funding needed to achieve each of the
following:
(1) Complete the transition
to a fully annualized forest inventory program and include inventory and
analysis of interior Alaska.
(2) Implement an annualized
inventory of trees in urban settings, including the status and trends of trees
and forests, and assessments of their ecosystem services, values, health, and
risk to pests and diseases.
(3) Report information on
renewable biomass supplies and carbon stocks at the local, State, regional, and
national level, including by ownership type.
(4) Engage State foresters and other users of
information from the forest inventory and analysis in reevaluating the list of
core data variables collected on forest inventory and analysis plots with an
emphasis on demonstrated need.
(5) Improve the timeliness of
the timber product output program and accessibility of the annualized
information on that database.
(6) Foster greater cooperation among the forest
inventory and analysis program, research station leaders, and State foresters
and other users of information from the forest inventory and analysis.
(7) Promote availability of
and access to non-Federal resources to improve information analysis and
information management.
(8) Collaborate with the Natural Resources
Conservation Service, National Aeronautics and Space Administration, National
Oceanic and Atmospheric Administration, and United States Geological Survey to
integrate remote sensing, spatial analysis techniques, and other new
technologies in the forest inventory and analysis program.
(9) Understand and report on
changes in land cover and use.
(10) Expand existing programs to promote
sustainable forest stewardship through increased understanding, in partnership
with other Federal agencies, of the over 10 million family forest owners, their
demographics, and the barriers to forest stewardship.
(11) Implement procedures to
improve the statistical precision of estimates at the sub-State level.
(c)
Submission of revised
strategic plan
The Secretary
of Agriculture shall submit the revised strategic plan to the Committee on
Agriculture of the House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate.
8402.
Forest Service
participation in ACES Program
The Secretary of Agriculture, acting through
the Chief of the Forest Service, may use funds derived from
conservation-related programs executed on National Forest System lands to
utilize the Agriculture Conservation Experienced Services Program established
pursuant to section 1252 of the Food Security Act of 1985 (16 U.S.C. 3851) to
provide technical services for conservation-related programs and authorities
carried out by the Secretary on National Forest System lands.
8403.
Green science and
technology transfer research under Forest and Rangeland Renewable Resources
Research Act of 1978
(a)
Additional Forestry and
Rangeland Research and Education High Priority
Section 3(d)(2) of the Forest and Rangeland
Renewable Resources Research Act of 1978 (16 U.S.C. 1642(d)(2)) is amended by
adding at the end the following new subparagraph:
(F) Science and technology transfer, through
the Forest Products Laboratory, to demonstrate the beneficial characteristics
of wood as a green building material, including investments in life cycle
assessment for wood products.
.
(b)
Research facilities and
cooperation
Section 4 of the Forest and Rangeland Renewable
Resources Research Act of 1978 (16 U.S.C. 1643) is amended by adding at the end
the following new subsection:
(e) The Secretary shall submit to the Committee
on Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate an annual report describing,
for the period covered by the report—
(1) the research conducted in furtherance of
the research and education priority specified in section 3(d)(2)(F);
(2) the number of buildings
the Forest Service has built with wood as the primary structural material;
and
(3) the investments made by
the Forest Service in green building wood
promotion.
.
8404.
Extension of
stewardship contracts authority regarding use of designation by prescription to
all thinning sales under National Forest Management Act of 1976
Subsection (g) of section 14 of the National
Forest Management Act of 1976 (16 U.S.C. 472a) is amended to read as
follows:
(g) Designation, including but not limited to,
marking when necessary, designation by description, or designation by
prescription, and supervision of harvesting of trees, portions of trees, or
forest products shall be conducted by persons employed by the Secretary of
Agriculture. Such persons shall have no personal interest in the purchase or
harvest of such products and shall not be directly or indirectly in the
employment of the purchaser thereof. Designation by prescription and
designation by prescription shall be considered valid methods for designation,
and may be supervised by use of post-harvest cruise, sample weight scaling, or
other methods determined by the Secretary to be
appropriate.
.
8405.
Reimbursement of fire
funds expended by a State for management and suppression of certain
wildfires
(a)
Definition of
State
In this section, the term State includes the
Commonwealth of Puerto Rico.
(b)
Reimbursement
authority
If a State seeks reimbursement for amounts expended for
resources and services provided to another State for the management and
suppression of a wildfire, the Secretary of Agriculture, subject to subsections
(c) and (d)—
(1) may accept the
reimbursement amounts from the other State; and
(2) shall pay those amounts
to the State seeking reimbursement.
(c)
Mutual assistance
agreement
As a condition of seeking and providing reimbursement
under subsection (b), the State seeking reimbursement and the State providing
reimbursement must each have a mutual assistance agreement with the Forest
Service or an agency of the Department of the Interior for providing and
receiving wildfire management and suppression resources and services.
(d)
Terms and
conditions
The Secretary of Agriculture may prescribe the terms
and conditions determined to be necessary to carry out subsection (b).
(e)
Effect on prior
reimbursements
Any acceptance of funds or reimbursements made by
the Secretary of Agriculture before the date of enactment of this Act that
otherwise would have been authorized under this section shall be considered to
have been made in accordance with this section.
8406.
Ability of National
Forest System lands to meet needs of local wood producing facilities for raw
materials
Not later than one
year after the date of the enactment of this Act, the Secretary of Agriculture
shall submit to Congress a report containing—
(1) an assessment of the raw material needs of
wood producing facilities located within the boundaries of each unit of the
National Forest System or located outside of the unit, but within 100 miles of
such boundaries;
(2) the volume of timber which would be
available if the unit of the National Forest System annually sold its Allowable
Sale Quantity in the current Forest Plan;
(3) the volume of timber actually sold and
harvested from each unit of the National Forest System for the previous
decade,
(4) a comparison of the volume actually sold
and harvested from the previous decade to the Allowable Sale Quantity
calculated in that decade by preceding or current forest plans; and
(5) an assessment of the ability of each unit
of National Forest System to meet the needs of these facilities for raw
materials.
8407.
Report on the
National Forest System roads
Not later than 90 days after the date of the
enactment of this Act, the Secretary shall submit to Congress a report on the
following:
(1) The total mileage of National Forest System
roads and trails not meeting forest plan standards and guidelines.
(2) The total amount, in
dollars, of Capital Improvement & Maintenance deferred maintenance needs
for National Forest System roads, including a five-year analysis in the trend
in total deferred maintenance costs.
(3) The sources of funds used
for capital improvement & maintenance roads, including appropriated funds,
mandatory funds, and receipts from activities on National Forest System
lands.
(4) The impact of road
closures on recreational activities and timber harvesting.
(5) The impact on land
acquisitions, whether through fee acquisition, donation, or easement, on the
maintenance backlog.
IX
Energy
9001.
Definition of
renewable energy system
Section 9001 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8101) is amended by—
(1) striking paragraph (4) and inserting the
following new paragraph:
(4)
Biobased
product
(A)
In
general
The term biobased product means a product
determined by the Secretary to be a commercial or industrial product (other
than food or feed) that is—
(i) composed, in whole or in
significant part, of biological products, including renewable domestic
agricultural materials and forestry materials; or
(ii) an intermediate
ingredient or feedstock.
(B)
Inclusion
The
term biobased product, with respect to forestry materials,
includes forest products that meet biobased content requirements,
notwithstanding the market share the product holds, the age of the product, or
whether the market for the product is new or
emerging.
;
(2) redesignating paragraphs
(9), (10), (11), (12), (13), and (14) as paragraphs (10), (11), (12), (13),
(14), and (16);
(3) inserting after paragraph
(8), the following new paragraph:
(9)
Forest product
(A)
In
general
The term forest product means a product made
from materials derived from the practice of forestry or the management of
growing timber.
(B)
Inclusions
The
term forest product includes—
(i) pulp, paper, paperboard,
pellets, lumber, and other wood products; and
(ii) any recycled products
derived from forest materials.
;
and
(4) inserting after paragraph
(14) (as so redesignated), the following new paragraph:
(15)
Renewable energy
system
(A)
In
general
Subject to subparagraph (B), the term renewable
energy system means a system that—
(i) produces usable energy
from a renewable energy source; and
(ii) may include distribution components
necessary to move energy produced by such system to the initial point of
sale.
(B)
Limitation
A system described in subparagraph (A) may
not include a mechanism for dispensing energy at
retail.
.
9002.
Biobased markets
program
Section 9002(h) of the
Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8102(h)) is amended
by—
(1) striking
(h)
Funding.— and all that follows
through to carry out this section, there and inserting
(h)
Funding.—There; and
(2) striking
2013 and inserting 2018.
9003.
Biorefinery
Assistance
(a)
Program
adjustments
Section 9003 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8103) is amended—
(1) in subsection (c), by
striking to eligible entities and all that follows through
guarantees for loans and inserting to eligible entities
guarantees for loans;
(2) by striking subsection
(d);
(3) by redesignating
subsections (e), (f), (g), and (h) as subsections (d), (e), (f), and (g),
respectively; and
(4) in subsection (d) (as so
redesignated)—
(A) by striking
subsection (c)(2) each place it appears and inserting
subsection (c); and
(B) in paragraph (2)(C), by
striking subsection (h) and inserting subsection
(g).
(b)
Funding
Section
9003(g) of the Farm Security and Rural Investment Act of 2002, as redesignated
by subsection (a)(3), is amended—
(1) by striking paragraph
(1);
(2) by redesignating
paragraph (2) as paragraph (1);
(3) in paragraph (1) (as so
redesignated)—
(A) in the heading, by
striking Discretionary
funding and inserting Fiscal years
2009 through
2013; and
(B) by striking In
addition to any other funds made available to carry out this section,
there and inserting There; and
(4) by adding at the end the
following new paragraph:
(2)
Fiscal years
2014 through
2018
There are authorized to be appropriated to
carry out this section $75,000,000 for each of fiscal years 2014 through
2018.
.
9004.
Repowering
assistance program
Section
9004(d) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
8104(d)) is amended—
(1) by striking paragraph
(1);
(2) by redesignating
paragraph (2) as paragraph (1);
(3) in paragraph (1) (as so
redesignated)—
(A) in the heading, by
striking Discretionary
funding and inserting Fiscal years
2009 through
2013; and
(B) by striking In
addition to any other funds made available to carry out this section,
there and inserting There; and
(4) by adding at the end the
following new paragraph:
(2)
Fiscal years
2014 through
2018
There are authorized to be appropriated to
carry out this section $10,000,000 for each of fiscal years 2014 through
2018.
.
9005.
Bioenergy Program
for Advanced Biofuels
Section
9005(g) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
8105(c)) is amended—
(1) by striking paragraph
(1);
(2) by redesignating
paragraph (2) as paragraph (1);
(3) in paragraph (1) (as so
redesignated)—
(A) in the heading, by
striking Discretionary
funding and inserting Fiscal years
2009 through
2013; and
(B) by striking In
addition to any other funds made available to carry out this section,
there and inserting There; and
(4) by inserting after
paragraph (1) (as so redesignated) the following new paragraph:
(2)
Fiscal years
2014 through
2018
There are authorized to be appropriated to
carry out this section $50,000,000 for each of fiscal years 2014 through
2018.
.
9006.
Biodiesel Fuel
Education Program
Section
9006(d) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
8106(d)) is amended—
(1) by striking paragraph
(1);
(2) by redesignating
paragraph (2) as paragraph (1);
(3) in the heading of
paragraph (1) (as so redesignated), by striking Authorization of
appropriations and inserting Fiscal year
2013; and
(4) by adding at the end the
following new paragraph:
(2)
Fiscal years
2014 through
2018
There are authorized to be appropriated to
carry out this section $2,000,000 for each of fiscal years 2014 through
2018.
.
9007.
Rural Energy for
America Program
(a)
Program
adjustments
(1)
Repeal of feasibility
studies
Section 9007(c) of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 8107(c)) is amended by striking paragraph (3).
(2)
Tiered application
process
Section 9007(c) of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 8107(c)) is further amended—
(A) by redesignating paragraph (2) as paragraph
(3); and
(B) by inserting after
paragraph (1) the following new paragraph:
(2)
Tiered application
process
In carrying out this
subsection, the Secretary shall establish a three-tiered application,
evaluation, and oversight process that varies based on the cost of the proposed
project with the process most simplified for projects referred to in
subparagraph (A), more comprehensive for projects referred to in subparagraph
(B), and most comprehensive for projects referred to in subparagraph (C). The
three tiers for such process shall be as follows:
(A)
Tier
1
Projects for which the cost of the project funded under this
subsection is not more than $80,000.
(B)
Tier
2
Projects for which the cost of the project funded under this
subsection is more than $80,000 but less than $200,000.
(C)
Tier
3
Projects for which the cost of the project funded under this
subsection is $200,000 or
more.
.
(b)
Funding
Section 9007(g) of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 8107(g)) is amended—
(1) by striking paragraphs
(1) and (2);
(2) by redesignating
paragraph (3) as paragraph (1);
(3) in paragraph (1) (as so
redesignated)—
(A) in the heading, by
striking Discretionary
funding and inserting Fiscal years
2009 through
2013; and
(B) by striking In
addition to any other funds made available to carry out this section,
there and inserting There; and
(4) by adding at the end the
following new paragraph:
(2)
Fiscal years
2014 through
2018
There are authorized to be appropriated to
carry out this section $45,000,000 for each of fiscal years 2014 through
2018.
.
9008.
Biomass Research
and Development
Section
9008(h) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
8108(h)) is amended—
(1) by striking paragraph
(1);
(2) by redesignating
paragraph (2) as paragraph (1);
(3) in paragraph (1) (as so
redesignated)—
(A) in the heading, by
striking Discretionary
funding and inserting Fiscal years
2009 through
2013; and
(B) by striking In
addition to any other funds made available to carry out this section,
there and inserting There; and
(4) by adding at the end the
following new paragraph:
(2)
Fiscal years
2014 through
2018
There are authorized to be appropriated to
carry out this section $20,000,000 for each of fiscal years 2014 through
2018.
.
9009.
Feedstock
Flexibility Program for Bioenergy Producers
Section 9010(b) of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 8110(b)) is amended—
(1) in paragraph (1)(A), by
striking 2013 and inserting 2018; and
(2) in paragraph (2)(A), by
striking 2013 and inserting 2018.
9010.
Biomass Crop
Assistance Program
Section
9011 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8111) is
amended—
(1) in subsection (a)—
(A) by striking paragraph
(6); and
(B) by redesignating
paragraphs (7) and (8) as paragraphs (6) and (7), respectively;
(2) in subsection (b)—
(A) by striking
Program to and all that follows through support the
establishment and inserting Program to support the
establishment;
(B) by striking ; and and
inserting a period; and
(C) by striking paragraph
(2);
(3) in subsection (c)—
(A) in paragraph
(2)(B)—
(i) in clause (viii), by striking ;
and and inserting a semicolon;
(ii) by redesignating clause
(ix) as clause (x); and
(iii) by inserting after
clause (viii) the following new clause:
(ix) existing project areas that have received
funding under this section and the continuation of funding of such project
areas to advance the maturity of such project areas;
and
;
and
(B) in paragraph
(5)(C)(ii)—
(i) by striking subclause
(III); and
(ii) by redesignating
subclauses (IV) and (V) as subclauses (III) and (IV), respectively;
(4) by striking subsection
(d);
(5) by redesignating
subsections (e) and (f) as subsections (d) and (e), respectively; and
(6) in subsection (e) (as so
redesignated)—
(A) by striking paragraph (1);
(B) by redesignating
paragraph (2) as paragraph (1);
(C) in paragraph (1) (as so
redesignated)—
(i) by striking
Fiscal year
2013 and all that
follows through There is authorized and inserting
Fiscal year
2013.—There is
authorized; and
(ii) by redesignating
subparagraph (B) as paragraph (3) and moving the margin of such paragraph (as
so redesignated) two ems to the left;
(D) by inserting after
paragraph (1), the following new paragraph:
(2)
Fiscal years
2014 through
2018
There are authorized to be appropriated to
carry out this section $75,000,000 for each of fiscal years 2014 through
2018.
;
and
(E) in paragraph (3) (as
redesignated by subparagraph (C)(ii) of this paragraph), by striking
this paragraph and inserting this
subsection.
9011.
Community wood
energy program
Section 9013(e)
of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8113(e)) is
amended by striking carry out this section and all that follows
and inserting the following:
carry out this
section—
(1) $5,000,000 for each of fiscal years 2009
through 2013; and
(2) $2,000,000 for each of
fiscal years 2014 through
2018.
.
9012.
Repeal of biofuels
infrastructure study
Section
9002 of the Food, Conservation, and Energy Act of 2008 (Public Law 110–246; 122
Stat. 2095) is repealed.
9013.
Repeal of renewable
fertilizer study
Section 9003
of the Food, Conservation, and Energy Act of 2008 (Public Law 110–246; 122
Stat. 2096) is repealed.
X
Horticulture
10001.
Specialty crops
market news allocation
Section
10107(b) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 1622b(b))
is amended by striking 2012 and inserting
2018.
10002.
Repeal of grant
program to improve movement of specialty crops
Effective October 1, 2013, section 10403 of
the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 1622c) is
repealed.
10003.
Farmers market and
local food promotion program
Section 6 of the Farmer-to-Consumer Direct
Marketing Act of 1976 (7 U.S.C. 3005) is amended—
(1) in the heading of such section, by
inserting and Local
Food after Farmers’ Market;
(2) in subsection (a)—
(A) by inserting and
Local Food after Farmers’ Market;
(B) by striking
farmers’ markets and to promote; and
(C) by striking the period
and inserting and assist in the development of local food business
enterprises.;
(3) by striking subsection
(b) and inserting the following new subsection:
(b)
Program
purposes
The purposes of the
Program are to increase domestic consumption of, and consumer access to,
locally and regionally produced agricultural products by assisting in the
development, improvement, and expansion of—
(1) domestic farmers’
markets, roadside stands, community-supported agriculture programs, agritourism
activities, and other direct producer-to-consumer market opportunities;
and
(2) local and regional food business
enterprises that process, distribute, aggregate, and store locally or
regionally produced food
products.
;
(4) in subsection
(c)(1)—
(A) by inserting or
other agricultural business entity after cooperative;
and
(B) by inserting ,
including a community supported agriculture network or association
after association;
(5) by redesignating
subsection (e) as subsection (f);
(6) by inserting after
subsection (d) the following new subsection:
(e)
Funds requirements for
eligible entities
(1)
Matching
funds
An entity receiving a grant under this section for a
project to carry out a purpose described in subsection (b)(2) shall provide
matching funds in the form of cash or an in-kind contribution in an amount
equal to 25 percent of the total cost of such project.
(2)
Limitation on use of
funds
An eligible entity may not use a grant or other assistance
provided under this section for the purchase, construction, or rehabilitation
of a building or structure.
;
and
(7) in
subsection (f) (as redesignated by paragraph (5))—
(A) in paragraph (1)—
(i) in subparagraph (B), by
striking and at the end;
(ii) in subparagraph (C), by
striking the period at the end and inserting ; and; and
(iii) by adding at the end
the following new subparagraph:
(D) $30,000,000 for each of fiscal years 2014
through
2018.
;
(B) by striking paragraphs
(3) and (5);
(C) by redesignating
paragraph (4) as paragraph (6); and
(D) by inserting after
paragraph (2) the following new paragraphs:
(3)
Authorization of
appropriations
There are
authorized to be appropriated to carry out this section $10,000,000 for each of
fiscal years 2014 through 2018.
(4)
Use of
funds
Of the funds made available to carry out this section for a
fiscal year, 50 percent of such funds shall be used for the purposes described
in paragraph (1) of subsection (b) and 50 percent of such funds shall be used
for the purposes described in paragraph (2) of such subsection.
(5)
Limitation on
administrative expenses
Not
more than 3 percent of the total amount made available to carry out this
section for a fiscal year may be used for administrative
expenses.
.
10004.
Organic
agriculture
(a)
Organic production and
market data initiatives
Section 7407(d)(2) of the
Farm Security and Rural Investment Act of 2002 (7 U.S.C. 5925c(d)(2)) is
amended—
(1) in the heading of such
paragraph, by striking 2008 through 2012 and inserting
2014 through
2018; and
(2) by striking 2008
through 2012 and inserting 2014 through 2018.
(b)
Modernization and
technology upgrade for national organic program
Section 2122 of the Organic Foods
Production Act of 1990 (7 U.S.C. 6521) is amended by adding at the end the
following new subsection:
(c)
Modernization and
technology upgrade for national organic program
The Secretary shall modernize database and
technology systems of the national organic
program.
.
(c)
Authorization of
appropriations for national organic program
Effective October 1,
2013, section 2123(b)(6) of the Organic Foods Production Act of 1990 (7 U.S.C.
6522(b)(6)) is amended to read as follows:
(6) $11,000,000 for each of fiscal years 2014
through
2018.
.
(d)
National organic
certification cost-Share program
Effective October 1, 2013,
section 10606 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
6523) is repealed.
(e)
Exemption of certified
organic products from promotion order assessments
Subsection (e)
of section 501 of the Federal Agriculture Improvement and Reform Act of 1996 (7
U.S.C. 7401) is amended to read as follows:
(e)
Exemption of certified
organic products from promotion order assessments
(1)
In
general
Notwithstanding any provision of a commodity promotion
law, a person that produces, handles, markets, or imports organic products may
be exempt from the payment of an assessment under a commodity promotion law
with respect to any agricultural commodity that is certified as
organic or 100 percent organic (as defined in
part 205 of title 7, Code of Federal Regulations or a successor
regulation).
(2)
Split
operations
The exemption
described in paragraph (1) shall apply to the certified organic
or ‘100 percent organic’ (as defined in part 205 of title 7 of the Code of
Federal Regulations (or a successor regulation) products of a producer,
handler, or marketer regardless of whether the agricultural commodity subject
to the exemption is produced, handled, or marketed by a person that also
produces, handles, or markets conventional or nonorganic agricultural products,
including conventional or nonorganic agricultural products of the same
agricultural commodity as that for which the exemption is claimed.
(3)
Approval
The
Secretary shall approve the exemption of a person under this subsection if the
person maintains a valid organic certificate issued under the Organic Foods
Production Act of 1990 (7 U.S.C. 6501 et seq.).
(4)
Termination of
effectiveness
This subsection shall be effective until the date
on which the Secretary issues an organic commodity promotion order in
accordance with subsection (f).
(5)
Regulations
The Secretary shall promulgate regulations
concerning eligibility and compliance for an exemption under paragraph
(1).
.
(f)
Organic commodity
promotion order
Section 501 of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7401) is amended by adding at the
end the following new subsection:
(f)
Organic commodity
promotion order
(1)
Definitions
In
this subsection:
(A)
Certified organic
farm
The term certified organic farm has the
meaning given the term in section 2103 of the Organic Foods Production Act of
1990 (7 U.S.C. 6502).
(B)
Covered
person
The term covered person means a producer,
handler, marketer, or importer of an organic agricultural commodity.
(C)
Dual-covered
agricultural commodity
The term dual-covered agricultural
commodity means an agricultural commodity that—
(i) is produced on a
certified organic farm; and
(ii) is covered under
both—
(I) an organic commodity
promotion order issued pursuant to paragraph (2); and
(II) any other agricultural commodity promotion
order issued under section 514.
(2)
Authorization
The Secretary may issue an organic
commodity promotion order under section 514 that includes any agricultural
commodity that—
(A) is produced or handled
(as defined in section 2103 of the Organic Foods Production Act of 1990 (7
U.S.C. 6502)) and that is certified to be sold or labeled as
organic or 100 percent organic (as defined in
part 205 of title 7, Code of Federal Regulations or a successor regulation));
or
(B) is imported with a valid
organic certificate (as defined in such part).
(3)
Election
If
the Secretary issues an organic commodity promotion order described in
paragraph (2), a covered person may elect, for applicable dual-covered
agricultural commodities and in the sole discretion of the covered person,
whether to be assessed under the organic commodity promotion order or another
applicable agricultural commodity promotion order.
(4)
Regulations
The Secretary shall promulgate regulations
concerning eligibility and compliance for an exemption under paragraph
(1).
.
(g)
Definition of
agricultural commodity
Section 513(1) of the Commodity Promotion,
Research, and Information Act of 1996 (7 U.S.C. 7412(1)) is amended—
(1) by redesignating
subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively;
and
(2) by inserting after
subparagraph (D) the following new subparagraph:
(E) products, as a class,
that are produced on a certified organic farm (as defined in section 2103 of
the Organic Foods Production Act of 1990 (7 U.S.C. 6502)) and that are
certified to be sold or labeled as organic or 100 percent
organic (as defined in part 205 of title 7, Code of Federal Regulations
or a successor
regulation));
.
10005.
Investigations and
enforcement of the Organic Foods Production Act of
1990
The Organic Foods Production Act of 1990 is
amended by inserting after section 2122 (7 U.S.C. 6521) the following new
section:
2122A.
Investigation and
enforcement
(a)
Expedited
administrative hearing
The
Secretary shall establish an expedited administrative hearing procedure under
which the Secretary may suspend or revoke the organic certification of a
producer or handler or the accreditation of a certifying agent in accordance
with subsection (d). Such a hearing may be conducted in addition to a hearing
conducted pursuant to section 2120.
(b)
Investigation
(1)
In
general
The Secretary may take such investigative actions as the
Secretary considers to be necessary to carry out this title—
(A) to verify the accuracy of
any information reported or made available under this title; and
(B) to determine, with regard to actions,
practices, or information required under this title, whether a person covered
by this title has committed a violation of this title.
(2)
Investigative
powers
The Secretary may administer oaths and affirmations,
subpoena witnesses, compel attendance of witnesses, take evidence, and require
the production of any records required to be maintained under section 2112(d)
or 2116(c) that are relevant to the investigation.
(c)
Unlawful
Act
It shall be unlawful and a violation of this title for any
person covered by this title—
(1) to refuse to provide
information required by the Secretary under this title; or
(2) to violate—
(A) a suspension or
revocation of the organic certification of a producer or handler; or
(B) a suspension or
revocation of the accreditation of a certifying agent.
(d)
Enforcement
(1)
Suspension
(A)
In
general
The Secretary may,
after notice and opportunity for an expedited administrative hearing, suspend
the organic certification of a producer, handler or the accreditation of a
certifying agent if—
(i) the Secretary, during such expedited
administrative hearing, proved that—
(I) in the case of a producer or handler, the
producer or handler—
(aa) has recklessly committed
a violation of a term, condition, or requirement of the organic plan to which
the producer or handler is subject; or
(bb) has recklessly committed, or is recklessly
committing, a violation of this title; or
(II) in the case of a certifying agent, the
agent has recklessly committed, or is recklessly committing, a violation of
this title; or
(ii) the producer, handler,
or certifying agent has waived such expedited administrative hearing.
(B)
Issuance of
suspension
A suspension
issued under this paragraph shall be issued not later than five days after the
date on which—
(i) the expedited administrative hearing
referred to in clause (i) of subparagraph (A) concludes; or
(ii) the Secretary receives
notice of the waiver referred to in clause (ii) of such subparagraph.
(C)
Duration of
suspension
The period of a
suspension issued under this paragraph shall be not more than 90 days,
beginning on the date on which the Secretary issues the suspension.
(D)
Curing of
violations
(i)
In
general
The Secretary may not
issue a suspension of a certification or accreditation under this paragraph if
the producer, handler, or certifying agent subject to such suspension—
(I) before the date on which
the suspension would otherwise have been issued, cures, or corrects the
deficiency giving rise to, the violation for which the certification or
accreditation would have been suspended; or
(II) within a reasonable timeframe (as
determined by the Secretary), enters into a settlement with the Secretary
regarding a deficiency referred to in subclause (I).
(ii)
During
suspension
The Secretary shall terminate the suspension of an
organic certification or accreditation issued under this paragraph if the
producer, handler, or certifying agent subject to such suspension cures the
violation for which the certification or accreditation was suspended under this
paragraph before the date on which the period of the suspension ends.
(2)
Revocation
(A)
In
general
The Secretary may,
after notice and opportunity for an expedited administrative hearing under this
section and an expedited administrative appeal under section 2121, revoke the
organic certification of a producer or handler, or the accreditation of a
certifying agent if—
(i) the Secretary, during such hearing, proved
that—
(I) in the case of a producer
or handler, the producer or handler—
(aa) has knowingly committed an egregious
violation of a term, condition, or requirement of the organic plan to which the
producer or handler is subject; or
(bb) has knowingly committed, or is knowingly
committing, an egregious violation of this title; or
(II) in the case of a certifying agent, the
agent has knowingly committed, or is knowingly committing, an egregious
violation of this title; or
(ii) the producer, handler, or certifying agent
has waived such expedited administrative hearing and such an expedited
administrative appeal.
(B)
Initiation of
revocation proceedings
(i)
In
general
If the Secretary finds, during an investigation or during
the period of a suspension under paragraph (1), that a producer, handler, or
certifying agent has knowingly committed an egregious violation of this title,
the Secretary shall initiate revocation proceedings with respect to such
violation not later than 30 days after the date on which the producer, handler,
or certifying agent receives notice of such finding in accordance with clause
(ii). The Secretary may not initiate revocation proceedings with respect to
such violation after the date on which that 30-day period ends.
(ii)
Notice
Not later than five days after the date on
which the Secretary makes the finding described in clause (i), the Secretary
shall provide to the producer, handler, or certifying agent notice of such
finding.
(e)
Appeal
(1)
Suspensions
(A)
In
general
The suspension of a
certification or accreditation under subsection (d)(1) by the Secretary may be
appealed to a United States district court in accordance with section 2121(b)
not later than 30 business days after the date on which the person subject to
such suspension receives notice of the suspension.
(B)
Suspension final and
conclusive
A suspension of a
certification or accreditation under subsection (d)(1) by the Secretary shall
be final and conclusive—
(i) in the case of a suspension that is
appealed under subparagraph (A) within the 30-day period specified in such
subparagraph, on the date on which judicial review of such suspension is
complete; or
(ii) in the case of a
suspension that is not so appealed, the date on which such 30-day period
ends.
(2)
Revocations
(A)
In
general
The revocation of a
certification or an accreditation under subsection (d)(2) by the Secretary may
be appealed to a United States district court in accordance with section
2121(b) not later than 30 business days after the date on which the person
subject to such revocation receives notice of the revocation.
(B)
Revocation final and
conclusive
A revocation of a
certification or an accreditation under subsection (d)(2) by the Secretary
shall be final and conclusive—
(i) in the case of a
revocation that is appealed under subparagraph (A) within the 30-day period
specified in such subparagraph, on the date on which judicial review of such
revocation is complete; or
(ii) in the case of a
revocation that is not so appealed, the date on which such 30-day period
ends.
(3)
Standards for review of
suspensions and revocations
A
suspension or revocation of a certification or an accreditation under
subsection (d) shall be reviewed in accordance with the standards of review
specified in section 706(2) of title 5, United States Code.
(f)
Noncompliance
(1)
In
general
If a person covered by this title fails to obey a
revocation of a certification or an accreditation under subsection (d)(2) after
such revocation has become final and conclusive or after the appropriate United
States district court has entered a final judgment in favor of the Secretary,
the United States may apply to the appropriate United States district court for
enforcement of such revocation.
(2)
Enforcement
If
the court determines that the revocation was lawfully made and duly served and
that the person violated the revocation, the court shall enforce the
revocation.
(3)
Civil
penalty
If the court finds that the person violated the
revocation of a certification or an accreditation under subsection (d)(2), the
person shall be subject to one or more of the penalties provided in subsections
(a) and (b) of section 2120.
(g)
Violation of this title
defined
In this section, the term violation of this
title means a violation specified in section 2120.
.
10006.
Food safety
education initiatives
Section
10105(c) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 7655a(c))
is amended by striking 2012 and inserting
2018.
10007.
Specialty crop block
grants
Section 101 of the
Specialty Crops Competitiveness Act of 2004 (7 U.S.C. 1621 note; Public Law
108–465) is amended—
(1) in subsection (a)—
(A) by striking
subsection (j) and inserting subsection (l);
and
(B) by striking
2012 and inserting 2018;
(2) by striking subsection
(b) and inserting the following new subsection:
(b)
Grants based on value
and acreage
Subject to
subsection (c), for each State whose application for a grant for a fiscal year
that is accepted by the Secretary under subsection (f), the amount of the grant
for such fiscal year to the State under this section shall bear the same ratio
to the total amount made available under subsection (l)(1) for such fiscal year
as—
(1) the average of the most
recent available value of specialty crop production in the State and the
acreage of specialty crop production in the State, as demonstrated in the most
recent Census of Agriculture data; bears to
(2) the average of the most
recent available value of specialty crop production in all States and the
acreage of specialty crop production in all States, as demonstrated in the most
recent Census of Agriculture
data.
;
(3) in subsection (d)—
(A) in paragraph (2), by
striking and at the end;
(B) in paragraph (3), by
striking the period at the end and inserting ; and; and
(C) by adding at the end the
following new paragraph:
(4) an assurance that any grant funds received
under this section that are used for equipment or capital-related research
costs determined to enhance the competitiveness of specialty crops—
(A) shall be supplemented by the expenditure of
State funds in an amount that is not less than 50 percent of such costs during
the fiscal year in which such costs were incurred; and
(B) shall be completely
replaced by State funds on the day after the date on which such fiscal year
ends.
;
(4) by redesignating
subsection (j) as subsection (l);
(5) by inserting after
subsection (i) the following new subsections:
(j)
Multistate
projects
Not later than 180
days after the effective date of the Federal
Agriculture Reform and Risk Management Act of 2013, the Secretary
of Agriculture shall issue guidance for the purpose of making grants to
multistate projects under this section for projects involving—
(1) food safety;
(2) plant pests and
disease;
(3) research;
(4) crop-specific projects
addressing common issues; and
(5) any other area that
furthers the purposes of this section, as determined by the Secretary.
(k)
Administration
(1)
Department
The
Secretary of Agriculture may not use more than 3 percent of the funds made
available to carry out this section for a fiscal year for administrative
expenses.
(2)
States
A
State receiving a grant under this section may not use more than 8 percent of
the funds received under the grant for a fiscal year for administrative
expenses.
;
and
(6) in subsection (l) (as
redesignated by paragraph (4))—
(A) by redesignating paragraphs (1), (2), and
(3) as subparagraphs (A), (B), and (C), respectively, and moving the margins of
such subparagraphs two ems to the right;
(B) by striking Of the
funds and inserting the following:
(1)
In
general
Of the
funds
;
(C) in paragraph (1) (as so
designated)—
(i) in subparagraph (B) (as
redesignated by subparagraph (A)), by striking and at the
end;
(ii) in subparagraph (C) (as redesignated by
subparagraph (A)), by striking the period at the end and inserting a semicolon;
and
(iii) by adding at the end
the following new subparagraphs:
(D) $72,500,000 for fiscal years 2014 through
2017; and
(E) $85,000,000 for fiscal
year 2018.
;
and
(D) by adding at the end the
following new paragraph:
(2)
Multistate
projects
Of the funds made
available under paragraph (1), the Secretary may use to carry out subsection
(j), to remain available until expended—
(A) $1,000,000 for fiscal year 2014;
(B) $2,000,000 for fiscal year 2015;
(C) $3,000,000 for fiscal year 2016;
(D) $4,000,000 for fiscal year 2017; and
(E) $5,000,000 for fiscal year
2018.
.
10008.
Report on
honey
(a)
Report
Not later than 180 days after the date of
the enactment of this Act, the Secretary of Agriculture, in consultation with
persons affected by the potential establishment of a Federal standard for the
identity of honey, shall submit to the Commissioner of Food and Drugs a report
describing how an appropriate Federal standard for the identity of honey would
be in the interest of consumers, the honey industry, and United States
agriculture.
(b)
Considerations
In
preparing the report required under subsection (a), the Secretary shall take
into consideration the March 2006, Standard of Identity citizens petition filed
with the Food and Drug Administration, including any current industry
amendments or clarifications necessary to update such petition.
10009.
Bulk shipments of
apples to Canada
(a)
Bulk shipment of apples
to Canada
Section 4 of the
Export Apple Act (7 U.S.C. 584) is amended—
(1) by striking Apples
in and inserting (a) Apples
in; and
(2) by adding at the end the
following new subsection:
(b) Apples may be shipped to
Canada in bulk bins without complying with the provisions of this
Act.
.
(b)
Definition of bulk
bin
Section 9 of the Export Apple Act (7 U.S.C. 589) is amended
by adding at the end the following new paragraph:
(5) The term bulk bin means a
bin that contains a quantity of apples weighing more than 100
pounds.
.
(c)
Regulations
Not
later than 60 days after the date of the enactment of this Act, the Secretary
of Agriculture shall issue regulations to carry out the amendments made by this
section.
10010.
Inclusion of olive
oil in import controls under the Agricultural Adjustment Act
Section 8e(a) of the Agricultural Adjustment
Act (7 U.S.C. 608e–1(a)) is amended by inserting olive oil,
after olives (other than Spanish-style green olives),.
10011.
Consolidation of
plant pest and disease management and disaster prevention programs
(a)
Relocation of
legislative language relating to national clean plant
network
Section 420 of the Plant Protection Act (7 U.S.C. 7721)
is amended—
(1) by redesignating
subsection (e) as subsection (f); and
(2) by inserting after
subsection (d) the following new subsection:
(e)
National clean plant
network
(1)
In
general
The Secretary shall establish a program to be known as
the National Clean Plant Network (referred to in this subsection
as the Program).
(2)
Requirements
Under
the Program, the Secretary shall establish a network of clean plant centers for
diagnostic and pathogen elimination services—
(A) to produce clean
propagative plant material; and
(B) to maintain blocks of
pathogen-tested plant material in sites located throughout the United
States.
(3)
Availability of clean
plant source material
Clean plant source material may be made
available to—
(A) a State for a certified
plant program of the State; and
(B) private nurseries and
producers.
(4)
Consultation and
collaboration
In carrying out the Program, the Secretary
shall—
(A) consult with—
(i) State departments of
agriculture; and
(ii) land-grant colleges and
universities and NLGCA Institutions (as those terms are defined in section 1404
of the National Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3103)); and
(B) to the extent practicable
and with input from the appropriate State officials and industry
representatives, use existing Federal or State facilities to serve as clean
plant centers.
(5)
Funding for fiscal year
2013
There is authorized to
be appropriated to carry out the Program $5,000,000 for fiscal year
2013.
.
(b)
Funding
Subsection (f) of section 420 of the Plant
Protection Act (7 U.S.C. 7721) (as so redesignated) is amended—
(1) in paragraph (3), by
striking and at the end;
(2) in paragraph (4), by
striking and each fiscal year thereafter. and inserting a
semicolon; and
(3) by adding at the end the
following new paragraphs:
(5) $62,500,000 for fiscal
years 2014 through 2017; and
(6) $75,000,000 for fiscal
year
2018.
.
(c)
Repeal of existing
provision
Section 10202 of the Food, Conservation, and Energy Act
of 2008 (7 U.S.C. 7761) is repealed.
(d)
Clarification of use of
funds for technical assistance
Section 420 of the Plant
Protection Act (7 U.S.C. 7721), as amended by subsection (a), is amended by
adding at the end the following new subsection:
(g)
Relationship to other
law
The use of Commodity Credit Corporation funds under this
section to provide technical assistance shall not be considered an allotment or
fund transfer from the Commodity Credit Corporation for purposes of the limit
on expenditures for technical assistance imposed by section 11 of the Commodity
Credit Corporation Charter Act (15 U.S.C.
714i).
.
(e)
Use of funds for clean
plant network
Section 420 of
the Plant Protection Act (7 U.S.C. 7721), as amended by subsections (a) and
(d), is amended by adding at the end the following new subsection:
(h)
Use of funds for clean
plant network
Of the funds
made available under subsection (f) to carry out this section for a fiscal
year, not less than $5,000,000 shall be available to carry out the national
clean plant network under subsection
(e).
.
10012.
Modification,
cancellation, or suspension on basis of a biological opinion
(a)
In
general
Except in the case of
a voluntary request from a pesticide registrant to amend a registration under
section 3 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.
136a), a registration of a pesticide may be modified, canceled, or suspended on
the basis of the implementation of a Biological Opinion issued by the National
Marine Fisheries Service or the United States Fish and Wildlife Service prior
to the date of completion of the study referred to in subsection (b), or
January 1, 2015, whichever is earlier, only if—
(1) the modification,
cancellation, or suspension is undertaken pursuant to section 6 of such Act (7
U.S.C. 136d); and
(2) the Biological Opinion
complies with the recommendations contained in the study referred to in
subsection (b).
(b)
National Academy of
Sciences Study
The study commissioned by the Administrator of the
Environmental Protection Agency on March 10, 2011, shall include, at a minimum,
each of the following:
(1) A formal, independent,
and external peer review, consistent with Office of Management and Budget
policies, of each Biological Opinion described in subsection (a).
(2) Assessment of economic
impacts of measures or alternatives recommended in each such Biological
Opinion.
(3) An examination of the specific scientific
and procedural questions and issues pertaining to economic feasibility
contained in the June 23, 2011, letter sent to the Administrator (and other
Federal officials) by the Chairmen of the Committee on Agriculture, the
Committee on Natural Resources, and the Subcommittee on Interior, Environment,
and Related Agencies of the Committee on Appropriations, of the House of
Representatives.
10013.
Use and discharges
of authorized pesticides
(a)
Short
title
This section may be cited as the Reducing Regulatory
Burdens Act of 2013.
(b)
Use of authorized
pesticides
Section 3(f) of the Federal Insecticide, Fungicide,
and Rodenticide Act (7 U.S.C. 136a(f)) is amended by adding at the end the
following:
(5)
Use of authorized
pesticides
Except as provided in section 402(s) of the Federal
Water Pollution Control Act, the Administrator or a State may not require a
permit under such Act for a discharge from a point source into navigable waters
of a pesticide authorized for sale, distribution, or use under this Act, or the
residue of such a pesticide, resulting from the application of such
pesticide.
.
(c)
Discharges of
pesticides
Section 402 of the Federal Water Pollution Control Act
(33 U.S.C. 1342) is amended by adding at the end the following:
(s)
Discharges of
pesticides
(1)
No permit
requirement
Except as provided in paragraph (2), a permit shall
not be required by the Administrator or a State under this Act for a discharge
from a point source into navigable waters of a pesticide authorized for sale,
distribution, or use under the Federal Insecticide, Fungicide, and Rodenticide
Act, or the residue of such a pesticide, resulting from the application of such
pesticide.
(2)
Exceptions
Paragraph
(1) shall not apply to the following discharges of a pesticide or pesticide
residue:
(A) A discharge resulting
from the application of a pesticide in violation of a provision of the Federal
Insecticide, Fungicide, and Rodenticide Act that is relevant to protecting
water quality, if—
(i) the discharge would not
have occurred but for the violation; or
(ii) the amount of pesticide
or pesticide residue in the discharge is greater than would have occurred
without the violation.
(B) Stormwater discharges
subject to regulation under subsection (p).
(C) The following discharges
subject to regulation under this section:
(i) Manufacturing or
industrial effluent.
(ii) Treatment works
effluent.
(iii) Discharges incidental
to the normal operation of a vessel, including a discharge resulting from
ballasting operations or vessel biofouling
prevention.
.
10014.
Seed not pesticide
or device for purposes of importation
Section 17(c) of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136o(c)) is amended by adding at the
end the following new sentences: Solely for purposes of notifications of
arrival upon importation, for purposes of this subsection, seed, including
treated seed, shall not be considered a pesticide or device. Nothing in this
subsection shall be construed as precluding or limiting the authority of the
Secretary of Agriculture, with respect to the importation or movement of
plants, plant products, or seeds, under the Plant Protection Act (7 U.S.C. 7701
et seq.) or the Federal Seed Act (7 U.S.C. 1551 et seq.)..
10015.
Stay of regulations
related to Christmas Tree Promotion, Research, and Information
Order
Not later than 60 days
after the date of the enactment of this Act, the Secretary of Agriculture shall
lift the administrative stay that was imposed by the rule entitled
Christmas Tree Promotion, Research, and Information Order; Stay of
Regulations and published by the Department of Agriculture on November
17, 2011 (76 Fed. Reg. 71241), on the regulations in subpart A of part 214 of
title 7, Code of Federal Regulations, establishing an industry-funded
promotion, research, and information program for fresh cut Christmas trees.
10016.
Study on proposed
order pertaining to sulfuryl fluoride
Not later than two years after the date of
enactment of this Act, the Administrator of the Environmental Protection
Agency, in conjunction with the Secretary of Agriculture, shall submit to the
Committee on Agriculture of the House of Representatives a report on the
potential economic and public health effects that would result from
finalization of the proposed order published in the January 19, 2011, Federal
Register (76 Fed. Reg. 3422) pertaining to the pesticide sulfuryl fluoride,
including the anticipated impacts of such finalization on the production of an
adequate, wholesome, and economical food supply and on farmers and related
agricultural sectors.
10017.
Study on local and
regional food production and program evaluation
(a)
In
general
The Secretary of
Agriculture shall—
(1) collect data on the production and
marketing of locally or regionally produced agricultural food products;
(2) facilitate interagency
collaboration and data sharing on programs related to local and regional food
systems; and
(3) monitor the effectiveness
of programs designed to expand or facilitate local food systems.
(b)
Requirements
In
carrying out this section, the Secretary shall—
(1) collect and distribute
comprehensive reporting of prices of locally or regionally produced
agricultural food products;
(2) conduct surveys and
analysis and publish reports relating to the production, handling,
distribution, and retail sales of, and trend studies (including consumer
purchasing patterns) on, locally or regionally produced agricultural food
products;
(3) evaluate the
effectiveness of existing programs in growing local and regional food systems,
including—
(A) the impact of local food
systems on job creation and economic development;
(B) the level of
participation in the Farmers’ Market and Local Food Promotion Program
established under section 6 of the Farmer-to-Consumer Direct Marketing Act of
1976 (7 U.S.C. 3005), including the percentage of projects funded in comparison
to applicants and the types of eligible entities receiving funds;
(C) the ability for
participants to leverage private capital and a synopsis of the places from
which non-Federal funds are derived; and
(D) any additional resources
required to aid in the development or expansion of local and regional food
systems;
(4) expand the Agricultural
Resource Management Survey to include questions on locally or regionally
produced agricultural food products; and
(5) seek to establish or
expand private-public partnerships to facilitate, to the maximum extent
practicable, the collection of data on locally or regionally produced
agricultural food products, including the development of a nationally
coordinated and regionally balanced evaluation of the redevelopment of locally
or regionally produced food systems.
(c)
Report
Not
later than 1 year after the date of enactment of this Act, and annually
thereafter until September 30, 2018, the Secretary shall submit to the
Committee on Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report describing the
progress that has been made in implementing this section and identifying any
additional needs related to developing local and regional food systems.
XI
Crop Insurance
11001.
Information
sharing
Section 502(c) of the
Federal Crop Insurance Act (7 U.S.C. 1502(c)) is amended by adding at the end
the following new paragraph:
(4)
Information
(A)
Request
Subject
to subparagraph (B), the Farm Service Agency shall, in a timely manner, provide
to an agent or an approved insurance provider authorized by the producer any
information (including Farm Service Agency Form 578s (or any successor form) or
maps (or any corrections to those forms or maps) that may assist the agent or
approved insurance provider in insuring the producer under a policy or plan of
insurance under this subtitle.
(B)
Privacy
Except
as provided in subparagraph (C), an agent or approved insurance provider that
receives the information of a producer pursuant to subparagraph (A) shall treat
the information in accordance with paragraph (1).
(C)
Sharing
Nothing
in this section prohibits the sharing of the information of a producer pursuant
to subparagraph (A) between the agent and the approved insurance provider of
the
producer.
.
11002.
Publication of
information on violations of prohibition on premium adjustments
Section 508(a)(9) of the Federal Crop
Insurance Act (7 U.S.C. 1508(a)(9)) is amended by adding at the end the
following new subparagraph:
(C)
Publication of
violations
(i)
Publication
required
Subject to clause
(ii), the Corporation shall publish in a timely manner on the website of the
Risk Management Agency information regarding each violation of this paragraph,
including any sanctions imposed in response to the violation, in sufficient
detail so that the information may serve as effective guidance to approved
insurance providers, agents, and producers.
(ii)
Protection of
privacy
In providing
information under clause (i) regarding violations of this paragraph, the
Corporation shall redact the identity of the persons and entities committing
the violations in order to protect their
privacy.
.
11003.
Supplemental
coverage option
(a)
Availability of
supplemental coverage option
Paragraph (3) of section 508(c) of
the Federal Crop Insurance Act (7 U.S.C. 1508(c)) is amended to read as
follows:
(3)
Yield and loss basis
options
A producer shall have
the option of purchasing additional coverage based on—
(A)
(i) an individual yield and
loss basis; or
(ii) an area yield and loss
basis;
(B) an individual yield and
loss basis, supplemented with coverage based on an area yield and loss basis to
cover a part of the deductible under the individual yield and loss policy, as
described in paragraph (4)(C); or
(C) a margin basis alone or in combination with
the coverages available in subparagraph (A) or
(B).
.
(b)
Level of
coverage
Paragraph (4) of
section 508(c) of the Federal Crop Insurance Act (7 U.S.C. 1508(c)) is amended
to read as follows:
(4)
Level of
coverage
(A)
Dollar denomination and
percentage of yield
Except as provided in subparagraph (C), the
level of coverage—
(i) shall be dollar
denominated; and
(ii) may be purchased at any
level not to exceed 85 percent of the individual yield or 95 percent of the
area yield (as determined by the Corporation).
(B)
Information
The
Corporation shall provide producers with information on catastrophic risk and
additional coverage in terms of dollar coverage (within the allowable limits of
coverage provided in this paragraph).
(C)
Supplemental coverage
option
(i)
In
general
Notwithstanding subparagraph (A), in the case of the
supplemental coverage option described in paragraph (3)(B), the Corporation
shall offer producers the opportunity to purchase coverage in combination with
a policy or plan of insurance offered under this subtitle that would allow
indemnities to be paid to a producer equal to a part of the deductible under
the policy or plan of insurance—
(I) at a county-wide level to the fullest
extent practicable; or
(II) in counties that lack sufficient data, on
the basis of such larger geographical area as the Corporation determines to
provide sufficient data for purposes of providing the coverage.
(ii)
Trigger
Coverage
offered under paragraph (3)(B) and clause (i) shall be triggered only if the
losses in the area exceed 10 percent of normal levels (as determined by the
Corporation).
(iii)
Coverage
Subject to the trigger described in clause
(ii), coverage offered under paragraph (3)(B) and clause (i) shall not exceed
the difference between—
(I) 90 percent; and
(II) the coverage level
selected by the producer for the underlying policy or plan of insurance.
(iv)
Ineligible crops and
acres
Crops for which the
producer has elected under section 1107(c)(1) of the
Federal Agriculture Reform and Risk
Management Act of 2013 to receive revenue loss coverage and acres
that are enrolled in the stacked income protection plan under section 508B
shall not be eligible for supplemental coverage under this subparagraph.
(v)
Calculation of
premium
Notwithstanding
subsection (d), the premium for coverage offered under paragraph (3)(B) and
clause (i) shall—
(I) be sufficient to cover
anticipated losses and a reasonable reserve; and
(II) include an amount for
operating and administrative expenses established in accordance with subsection
(k)(4)(F).
.
(c)
Payment of portion of
premium by Corporation
Section 508(e)(2) of the Federal Crop
Insurance Act (7 U.S.C. 1508(e)(2)) is amended by adding at the end the
following new subparagraph:
(H) In the case of the
supplemental coverage option authorized in subsection (c)(4)(C), the amount
shall be equal to the sum of—
(i) 65 percent of the
additional premium associated with the coverage; and
(ii) the amount determined under subsection
(c)(4)(C)(vi)(II), subject to subsection (k)(4)(F), for the coverage to cover
operating and administrative
expenses.
.
(d)
Effective
date
The Federal Crop Insurance Corporation shall begin to
provide additional coverage based on an individual yield and loss basis,
supplemented with coverage based on an area yield and loss basis, not later
than for the 2014 crop year.
11004.
Premium amounts for
catastrophic risk protection
Subparagraph (A) of section 508(d)(2) of the
Federal Crop Insurance Act (7 U.S.C. 1508(d)(2)) is amended to read as
follows:
(A) In the case of catastrophic risk
protection, the amount of the premium established by the Corporation for each
crop for which catastrophic risk protection is available shall be reduced by
the percentage equal to the difference between the average loss ratio for the
crop and 100 percent, plus a reasonable
reserve.
.
11005.
Repeal of
performance-based discount
(a)
Repeal
Section 508(d) of the Federal Crop
Insurance Act (7 U.S.C. 1508(d)) is amended—
(1) by striking paragraph (3); and
(2) by redesignating paragraph (4) as paragraph
(3).
(b)
Conforming
amendment
Section
508(a)(9)(B) of the Federal Crop Insurance Act (7 U.S.C. 1508(a)(9)(B)) is
amended—
(1) by inserting or at the end
of clause (i);
(2) by striking clause (ii);
and
(3) by redesignating clause
(iii) as clause (ii).
11006.
Permanent enterprise
unit subsidy
Subparagraph (A)
of section 508(e)(5) of the Federal Crop Insurance Act (7 U.S.C. 1508(e)(5)) is
amended to read as follows:
(A)
In
general
The Corporation may pay a portion of the premiums for
plans or policies of insurance for which the insurable unit is defined on a
whole farm or enterprise unit basis that is higher than would otherwise be paid
in accordance with paragraph
(2).
.
11007.
Enterprise units for
irrigated and nonirrigated crops
Section 508(e)(5) of the Federal Crop
Insurance Act (7 U.S.C. 1508(e)(5)) is amended by adding at the end the
following new subparagraph:
(D)
Nonirrigated
crops
Beginning with the 2014 crop year, the Corporation shall
make available separate enterprise units for irrigated and nonirrigated acreage
of crops in
counties.
.
11008.
Data
collection
Section 508(g)(2)
of the Federal Crop Insurance Act (7 U.S.C. 1508(g)(2)) is amended by adding at
the end the following new subparagraph:
(E)
Sources of yield
data
To determine yields under this paragraph, the
Corporation—
(i) shall use county data
collected by the Risk Management Agency or the National Agricultural Statistics
Service, or both; or
(ii) if sufficient county
data is not available, may use other data considered appropriate by the
Secretary.
.
11009.
Adjustment in actual
production history to establish insurable yields
Section 508(g)(4)(B) of the Federal Crop
Insurance Act (7 U.S.C. 1508(g)(4)(B)) is amended by striking 60
each place it appears and inserting 70.
11010.
Submission and
review of policies
(a)
In
general
Section 508(h) of the
Federal Crop Insurance Act (7 U.S.C. 1508(h)) is amended—
(1) in paragraph (1)—
(A) by redesignating subparagraphs (A) and (B)
as clauses (i) and (ii), respectively, and indenting appropriately;
(B) by striking (1)
In general.—In
addition and inserting the following:
(1)
Authority to
submit
(A)
In
general
In addition
;
and
(C) by adding at the end the
following new subparagraph:
(B)
Review and submission
by Corporation
The Corporation shall review any policy developed
under section 522(c) or any pilot program developed under section 523 and
submit the policy or program to the Board under this subsection if the
Corporation, at the sole discretion of the Corporation, finds that the policy
or program—
(i) will likely result in a
viable and marketable policy consistent with this subsection;
(ii) would provide crop
insurance coverage in a significantly improved form; and
(iii) adequately protects the
interests of producers.
; and
(2) in paragraph (3)—
(A) by striking A
policy and inserting the following:
(A)
In
general
A
policy
;
and
(B) by adding at the end the
following new subparagraph:
(B)
Specified review and
approval priorities
In
reviewing policies and other materials submitted to the Board under this
subsection for approval, the Board—
(i) shall make the development and approval of
a revenue policy for peanut producers a priority so that a revenue policy is
available to peanut producers in time for the 2014 crop year;
(ii) shall make the
development and approval of a margin coverage policy for rice producers a
priority so that a margin coverage policy is available to rice producers in
time for the 2014 crop year; and
(iii) may approve a submission that is made
pursuant to this subsection that would, beginning with the 2014 crop year,
allow producers that purchase policies in accordance with subsection (e)(5)(A)
to separate enterprise units by risk rating for acreage of crops in
counties.
.
(b)
Advance
payments
Section 522(b)(2)(E)
of the Federal Crop Insurance Act (7 U.S.C. 1522(b)(2)(E)) is amended by
striking 50 percent and inserting 75 percent.
11011.
Equitable relief for
specialty crop policies
Section 508(k)(8)(E) of the Federal Crop
Insurance Act of 1938 (7 U.S.C. 1508(k)(8)(E)) is amended by adding at the end
the following new clause:
(iii)
Equitable relief for
specialty crop policies
(I)
In
general
For each of the 2011
through 2015 reinsurance years, in addition to the total amount of funding for
reimbursement of administrative and operating costs that is otherwise required
to be made available in each such reinsurance year pursuant to an agreement
entered into by the Corporation, the Corporation shall use $41,000,000 to
provide additional reimbursement with respect to eligible insurance contracts
for any agricultural commodity that is not eligible for a benefit under
subtitles A, B or C of title I of the Federal
Agriculture Reform and Risk Management Act of 2013.
(II)
Treatment
Additional reimbursements made under this
clause shall be included as part of the base level of administrative and
operating expense reimbursement to which any limit on compensation to persons
involved in the direct sale and service of any eligible crop insurance contract
required under an agreement entered into by the Corporation is applied.
(III)
Rule of
construction
Nothing in this clause shall be construed as
statutory assent to the limit described in subclause
(II).
.
11012.
Budget limitations
on renegotiation of the standard reinsurance agreement
Section 508(k)(8) of the Federal Crop
Insurance Act of 1938 (7 U.S.C. 1508(k)(8)) is amended by adding at the end the
following new subparagraph:
(F)
Budget
(i)
In
general
The Board shall ensure that any Standard Reinsurance
Agreement negotiated under subparagraph (A)(ii), as compared to the previous
Standard Reinsurance Agreement—
(I) to the maximum extent
practicable, shall be budget neutral; and
(II) in no event, may
significantly depart from budget neutrality.
(ii)
Use of
savings
To the extent that
any budget savings is realized in the renegotiation of a Standard Reinsurance
Agreement under subparagraph (A)(ii), and the savings are determined not to be
a significant departure from budget neutrality under clause (i), the savings
shall be used to increase the obligations of the Corporation under subsections
(e)(2) or (k)(4) or section
523.
.
11013.
Crop production on
native sod
(a)
Federal crop
insurance
Section 508(o) of the Federal Crop Insurance Act (7
U.S.C. 1508(o)) is amended—
(1) in paragraph (1)(B), by
inserting , or the producer cannot substantiate that the ground has ever
been tilled, after tilled;
(2) in paragraph (2)—
(A) in the paragraph heading,
by striking Ineligibility
for and inserting Reduction in; and
(B) in subparagraph (A), by
striking for benefits under— and all that follows through the
period at the end and
inserting
for—
(i) a portion of crop
insurance premium subsidies under this subtitle in accordance with paragraph
(3);
(ii) benefits under section
196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
7333); and
(iii) payments described in subsection (b) or (c)
of section 1001 of the Food Security Act of 1985 (7 U.S.C.
1308).
;
and
(3) by striking paragraph (3)
and inserting the following new paragraphs:
(3)
Administration
(A)
In
general
During the first 4 crop years of planting on native sod
acreage by a producer described in paragraph (2)—
(i) paragraph (2) shall apply
to 65 percent of the transitional yield of the producer; and
(ii) the crop insurance
premium subsidy provided for the producer under this subtitle shall be 50
percentage points less than the premium subsidy that would otherwise
apply.
(B)
Yield
substitution
During the period native sod acreage is covered by
this subsection, a producer may not substitute yields for the native sod
acreage.
(4)
Application
This subsection shall only apply to native
sod in the Prairie Pothole National Priority
Area.
.
(b)
Noninsured crop
disaster assistance
Section 196(a)(4) of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7333(a)(4)) is amended—
(1) in the paragraph heading,
by striking ineligibility and inserting
benefit
reduction;
(2) in subparagraph (A)(ii),
by inserting , or the producer cannot substantiate that the ground has
ever been tilled, after tilled;
(3) in subparagraph
(B)—
(A) in the subparagraph
heading, by striking Ineligibility and inserting
Reduction
in; and
(B) in clause (i), by
striking for benefits under— and all that follows through the
period at the end and
inserting
for—
(I) benefits under this
section;
(II) a portion of crop
insurance premium subsidies under the Federal Crop Insurance Act (7 U.S.C. 1501
et seq.) in accordance with subparagraph (C); and
(III) payments described in
subsection (b) or (c) of section 1001 of the Food Security Act of 1985 (7
U.S.C. 1308).
;
and
(4) by striking subparagraph
(C) and inserting the following new subparagraphs:
(C)
Administration
(i)
In
general
During the first 4 crop years of planting on native sod
acreage by a producer described in subparagraph (B)—
(I) subparagraph (B) shall
apply to 65 percent of the transitional yield of the producer; and
(II) the crop insurance
premium subsidy provided for the producer under the Federal Crop Insurance Act
(7 U.S.C. 1501 et seq.) shall be 50 percentage points less than the premium
subsidy that would otherwise apply.
(ii)
Yield
substitution
During the period native sod acreage is covered by
this paragraph, a producer may not substitute yields for the native sod
acreage.
(D)
Application
This paragraph shall only apply to native
sod in the Prairie Pothole National Priority
Area.
.
(c)
Cropland
report
(1)
Baseline
Not later than 180 days after the date of
enactment of this Act, the Secretary of Agriculture shall submit to the
Committee on Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report that describes the
cropland acreage in each applicable county and State, and the change in
cropland acreage from the preceding year in each applicable county and State,
beginning with calendar year 2000 and including that information for the most
recent year for which that information is available.
(2)
Annual
updates
Not later than January 1, 2015, and each January 1
thereafter through January 1, 2018, the Secretary of Agriculture shall submit
to the Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate a report that
describes—
(A) the cropland acreage in each applicable
county and State as of the date of submission of the report; and
(B) the change in cropland acreage from the
preceding year in each applicable county and State.
11014.
Coverage levels by
practice
Section 508 of the
Federal Crop Insurance Act of 1938 (7 U.S.C. 1508) is amended by adding at the
end the following new subsection:
(p)
Coverage levels by
practice
Beginning with the
2015 crop year, a producer that produces an agricultural commodity on both dry
land and irrigated land may elect a different coverage level for each
production
practice.
.
11015.
Beginning farmer and
rancher provisions
(a)
Definition
Section
502(b) of the Federal Crop Insurance Act (7 U.S.C. 1502(b)) is amended—
(1) by redesignating
paragraphs (3) through (9) as paragraphs (4) through (10), respectively;
and
(2) by inserting after
paragraph (2) the following:
(3)
Beginning farmer or
rancher
The term beginning farmer or rancher means a
farmer or rancher who has not actively operated and managed a farm or ranch
with a bona fide insurable interest in a crop or livestock as an
owner-operator, landlord, tenant, or sharecropper for more than 5 crop years,
as determined by the
Secretary.
.
(b)
Premium
adjustments
Section 508 of the Federal Crop Insurance Act (7
U.S.C. 1508) is amended—
(1) in subsection (b)(5)(E),
by inserting and beginning farmers or ranchers after
limited resource farmers;
(2) in subsection (e), by
adding at the end the following new paragraph:
(8)
Premium for beginning
farmers or ranchers
Notwithstanding any other provision of this
subsection regarding payment of a portion of premiums, a beginning farmer or
rancher shall receive premium assistance that is 10 percentage points greater
than premium assistance that would otherwise be available under paragraphs (2)
(except for subparagraph (A) of that paragraph), (5), (6), and (7) for the
applicable policy, plan of insurance, and coverage level selected by the
beginning farmer or rancher.
;
and
(3) in subsection (g)—
(A) in paragraph
(2)(B)—
(i) in clause (i), by
striking or at the end;
(ii) in clause (ii)(III), by
striking the period at the end and inserting ; or; and
(iii) by adding at the end
the following:
(iii) if the producer is a
beginning farmer or rancher who was previously involved in a farming or
ranching operation, including involvement in the decisionmaking or physical
involvement in the production of the crop or livestock on the farm, for any
acreage obtained by the beginning farmer or rancher, a yield that is the higher
of—
(I) the actual production
history of the previous producer of the crop or livestock on the acreage
determined under subparagraph (A); or
(II) a yield of the producer,
as determined in clause (i).
;
and
(B) in paragraph (4)(B)(ii)
(as amended by section 11009)—
(i) by inserting
(I) after (ii);
(ii) by striking the period
at the end and inserting ; or; and
(iii) by adding at the end
the following:
(II) in the case of beginning
farmers or ranchers, replace each excluded yield with a yield equal to 80
percent of the applicable transitional
yield.
.
11016.
Stacked income
protection plan for producers of upland cotton
(a)
Availability of Stacked
Income Protection Plan for Producers of Upland Cotton
The Federal Crop Insurance Act is amended
by inserting after section 508A (7 U.S.C. 1508a) the following new
section:
508B.
Stacked income
protection plan for producers of upland cotton
(a)
Availability
Beginning not later than the 2014 crop of
upland cotton, the Corporation shall make available to producers of upland
cotton an additional policy (to be known as the Stacked Income
Protection Plan), which shall provide coverage consistent with the
Group Risk Income Protection Plan (and the associated Harvest Revenue Option
Endorsement) offered by the Corporation for the 2011 crop year.
(b)
Required
terms
The Corporation may
modify the Stacked Income Protection Plan on a program-wide basis, except that
the Stacked Income Protection Plan shall comply with the following
requirements:
(1) Provide coverage for
revenue loss of not less than 10 percent and not more than 30 percent of
expected county revenue, specified in increments of 5 percent. The deductible
is the minimum percent of revenue loss at which indemnities are triggered under
the plan, not to be less than 10 percent of the expected county revenue.
(2) Be offered to producers
of upland cotton in all counties with upland cotton production—
(A) at a county-wide level to
the fullest extent practicable; or
(B) in counties that lack
sufficient data, on the basis of such larger geographical area as the
Corporation determines to provide sufficient data for purposes of providing the
coverage.
(3) Be purchased in addition to any other
individual or area coverage in effect on the producer’s acreage or as a
stand-alone policy, except that if a producer has an individual or area
coverage for the same acreage, the maximum coverage available under the Stacked
Income Protection Plan shall not exceed the deductible for the individual or
area coverage.
(4) Establish coverage based
on—
(A) the expected price
established under existing Group Risk Income Protection or area wide policy
offered by the Corporation for the applicable county (or area) and crop year;
and
(B) an expected county yield that is the higher
of—
(i) the expected county yield established for
the existing area-wide plans offered by the Corporation for the applicable
county (or area) and crop year (or, in geographic areas where area-wide plans
are not offered, an expected yield determined in a manner consistent with those
of area-wide plans); or
(ii) the average of the applicable yield data
for the county (or area) for the most recent 5 years, excluding the highest and
lowest observations, from the Risk Management Agency or the National
Agricultural Statistics Service (or both) or, if sufficient county data is not
available, such other data considered appropriate by the Secretary.
(5) Use a multiplier factor
to establish maximum protection per acre (referred to as a protection
factor) of not less than the higher of the level established on a
program wide basis or 120 percent.
(6) Pay an indemnity based on the amount that
the expected county revenue exceeds the actual county revenue, as applied to
the individual coverage of the producer. Indemnities under the Stacked Income
Protection Plan shall not include or overlap the amount of the deductible
selected under paragraph (1).
(7) In all counties for which
data are available, establish separate coverage levels for irrigated and
non-irrigated practices.
(c)
Premium
Notwithstanding section 508(d), the premium
for the Stacked Income Protection Plan shall—
(1) be sufficient to cover anticipated losses
and a reasonable reserve; and
(2) include an amount for
operating and administrative expenses established in accordance with section
508(k)(4)(F).
(d)
Payment of portion of
premium by Corporation
Subject to section 508(e)(4), the amount of
premium paid by the Corporation for all qualifying coverage levels of the
Stacked Income Protection Plan shall be—
(1) 80 percent of the amount
of the premium established under subsection (c) for the coverage level
selected; and
(2) the amount determined under subsection
(c)(2), subject to section 508(k)(4)(F), for the coverage to cover
administrative and operating expenses.
(e)
Relation to other
coverages
The Stacked Income
Protection Plan is in addition to all other coverages available to producers of
upland
cotton.
.
(b)
Conforming
amendment
Section 508(k)(4)(F) of the Federal Crop Insurance Act
(7 U.S.C. 1508(k)(4)(F)) is amended by inserting or authorized under
subsection (c)(4)(C) or section 508B after of this
subparagraph.
11017.
Peanut revenue crop
insurance
The Federal Crop
Insurance Act is amended by inserting after section 508B, as added by the
previous section, the following new section:
508C.
Peanut revenue crop
insurance
(a)
In
general
Effective beginning
with the 2014 crop year, the Risk Management Agency and the Corporation shall
make available to producers of peanuts a revenue crop insurance program for
peanuts.
(b)
Effective
price
Subject to subsection (c), for purposes of the revenue crop
insurance program and the multiperil crop insurance program under this Act, the
effective price for peanuts shall be equal to the Rotterdam price index for
peanuts, as adjusted to reflect the farmer stock price of peanuts in the United
States.
(c)
Adjustments
(1)
In
general
The effective price
for peanuts established under subsection (b) may be adjusted by the Risk
Management Agency and the Corporation to correct distortions.
(2)
Administration
If
an adjustment is made under paragraph (1), the Risk Management Agency and the
Corporation shall—
(A) make the adjustment in an
open and transparent manner; and
(B) submit to the Committee
on Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report that describes the
reasons for the
adjustment.
.
11018.
Authority to correct
errors
Section 515(c) of the
Federal Crop Insurance Act (7 U.S.C. 1515(c)) is amended—
(1) in the first sentence, by
striking The Secretary and inserting the following:
(1)
In
general
The Secretary
;
(2) in the second sentence,
by striking Beginning with and inserting the following:
(2)
Frequency
Beginning
with
;
and
(3) by adding at the end the
following new paragraph:
(3)
Corrections
(A)
In
general
In addition to the
corrections permitted by the Corporation as of the date of enactment of the
Federal Agriculture Reform and Risk
Management Act of 2013, the Corporation shall allow an agent or
an approved insurance provider, subject to subparagraph (B)—
(i) within a reasonable
amount of time following the applicable sales closing date, to correct
unintentional errors in information that is provided by a producer for the
purpose of obtaining coverage under any policy or plan of insurance made
available under this subtitle to ensure that the eligibility information is
correct;
(ii) within a reasonable
amount of time following—
(I) the acreage reporting
date, to correct unintentional errors in factual information that is provided
by a producer after the sales closing date to reconcile the information with
the information reported by the producer to the Farm Service Agency; or
(II) the date of any
subsequent correction of data by the Farm Service Agency made as a result of
the verification of information; and
(iii) at any time, to correct unintentional
errors that were made by the Farm Service Agency or an agent or approved
insurance provider in transmitting the information provided by the producer to
the approved insurance provider or the Corporation.
(B)
Limitation
In accordance with the procedures of the
Corporation, correction to the information described in clauses (i) and (ii) of
subparagraph (A) may only be made if the corrections do not allow the
producer—
(i) to avoid ineligibility
requirements for insurance;
(ii) to obtain, enhance, or increase an
insurance guarantee or indemnity, or avoid premium owed, if a cause of loss
exists or has occurred before any correction has been made; or
(iii) to avoid an obligation
or requirement under any Federal or State law.
(C)
Exception to late
filing sanctions
Any
corrections made pursuant to this paragraph shall not be subject to any late
filing sanctions authorized in the reinsurance agreement with the
Corporation.
.
11019.
Implementation
Section 515 of the Federal Crop Insurance
Act (7 U.S.C. 1515) is amended—
(1) in subsection (j), by striking paragraph
(1) and inserting the following new paragraph:
(1)
Systems maintenance and
upgrades
(A)
In
general
The Secretary shall maintain and upgrade the information
management systems of the Corporation used in the administration and
enforcement of this subtitle.
(B)
Requirement
(i)
In
general
In maintaining and upgrading the systems, the Secretary
shall ensure that new hardware and software are compatible with the hardware
and software used by other agencies of the Department to maximize data sharing
and promote the purposes of this section.
(ii)
Acreage report
streamlining initiative project
As soon as practicable, the
Secretary shall develop and implement an acreage report streamlining initiative
project to allow producers to report acreage and other information directly to
the Department.
;
and
(2) in subsection (k), by
striking paragraph (1) and inserting the following new paragraph:
(1)
Information
technology
(A)
In
general
For purposes of subsection (j)(1), the Corporation may
use, from amounts made available from the insurance fund established under
section 516(c), not more than—
(i)
(I) for fiscal year 2014,
$25,000,000; and
(II) for each of fiscal years
2015 through 2018, $10,000,000; or
(ii) if the Acreage Crop
Reporting Streamlining Initiative (ACRSI) project is substantially completed by
September 30, 2015, not more than $15,000,000 for each of the fiscal years 2015
through 2018.
(B)
Notification
The
Secretary shall notify the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and Forestry of
the Senate of the substantial completion of the Acreage Crop Reporting
Streamlining Initiative (ACRSI) project not later than July 1,
2015.
.
11020.
Research and
development priorities
(a)
Authority to conduct
research and development, priorities
Section 522(c) of the
Federal Crop Insurance Act (7 U.S.C. 1522(c)) is amended—
(1) in the subsection heading
by striking contracting;
(2) in paragraph (1), in the
matter preceding subparagraph (A), by striking may enter into contracts
to carry out research and development to and inserting may
conduct activities or enter into contracts to carry out research and
development to maintain or improve existing policies or develop new policies
to;
(3) in paragraph (2)—
(A) in subparagraph (A), by
inserting conduct research and development or after The
Corporation may; and
(B) in subparagraph (B), by
inserting conducting research and development or after
Before;
(4) in paragraph (5), by
inserting after expert review in accordance with section 505(e)
after approved by the Board; and
(5) in paragraph (6), by striking a
pasture, range, and forage program and inserting policies that
increase participation by producers of underserved agricultural commodities,
including sweet sorghum, biomass sorghum, rice, peanuts, sugarcane, alfalfa,
and specialty crops.
(b)
Funding
Section
522(e) of the Federal Crop Insurance Act (7 U.S.C. 1522(e)) is amended—
(1) in paragraph (2)—
(A) by striking (A)
Authority.— and inserting (A)
Conducting and contracting for
research and development.—;
(B) in subparagraph (A), by
inserting conduct research and development and after the
Corporation may use to; and
(C) in subparagraph (B), by
inserting conduct research and development and after for
the fiscal year to;
(2) in paragraph (3), by
striking to provide either reimbursement payments or contract
payments; and
(3) by striking paragraph
(4).
11021.
Additional research
and development contracting requirements
Section 522(c) of the Federal Crop Insurance
Act (7 U.S.C. 1522(c)) is amended—
(1) by redesignating
paragraph (17) as paragraph (24); and
(2) by inserting after
paragraph (16), the following new paragraphs:
(17)
Margin coverage for
catfish
(A)
In
general
The Corporation shall
offer to enter into a contract with a qualified entity to conduct research and
development regarding a policy to insure producers against reduction in the
margin between the market value of catfish and selected costs incurred in the
production of catfish.
(B)
Eligibility
Eligibility
for the policy described in subparagraph (A) shall be limited to freshwater
species of catfish that are propagated and reared in controlled or selected
environments.
(C)
Implementation
The
Board shall review the policy described in subparagraph (B) under subsection
508(h) and approve the policy if the Board finds that the policy—
(i) will likely result in a
viable and marketable policy consistent with this subsection;
(ii) would provide crop
insurance coverage in a significantly improved form;
(iii) adequately protects the
interests of producers; and
(iv) the proposed policy
meets other requirements of this subtitle determined appropriate by the
Board.
(18)
Biomass and sweet
sorghum energy crop insurance policies
(A)
Authority
The Corporation shall offer to enter into 1
or more contracts with qualified entities to carry out research and development
regarding—
(i) a policy to insure
biomass sorghum that is grown expressly for the purpose of producing a
feedstock for renewable biofuel, renewable electricity, or biobased products;
and
(ii) a policy to insure sweet
sorghum that is grown for a purpose described in clause (i).
(B)
Research and
development
Research and development with respect to each of the
policies required in subparagraph (A) shall evaluate the effectiveness of risk
management tools for the production of biomass sorghum or sweet sorghum,
including policies and plans of insurance that—
(i) are based on market
prices and yields;
(ii) to the extent that
insufficient data exist to develop a policy based on market prices and yields,
evaluate the policies and plans of insurance based on the use of weather
indices, including excessive or inadequate rainfall, to protect the interest of
crop producers; and
(iii) provide protection for
production or revenue losses, or both.
(19)
Study on swine
catastrophic disease program
(A)
In
general
The Corporation shall
contract with a qualified person to conduct a study to determine the
feasibility of insuring swine producers for a catastrophic event.
(B)
Report
Not
later than 1 year after the date of the enactment of this paragraph, the
Corporation shall submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and Forestry of
the Senate a report that describes the results of the study conducted under
subparagraph (A).
(20)
Whole farm diversified
risk management insurance plan
(A)
In
general
The Corporation shall conduct activities or enter into
contracts to carry out research and development to develop a whole farm risk
management insurance plan, with a liability limitation of $1,250,000, that
allows a diversified crop or livestock producer the option to qualify for an
indemnity if actual gross farm revenue is below 85 percent of the average gross
farm revenue or the expected gross farm revenue that can reasonably be expected
of the producer, as determined by the Corporation.
(B)
Eligible
producers
The Corporation shall permit producers (including
direct-to-consumer marketers and producers servicing local and regional and
farm identity-preserved markets) who produce multiple agricultural commodities,
including specialty crops, industrial crops, livestock, and aquaculture
products, to participate in the plan in lieu of any other plan under this
subtitle.
(C)
Diversification
The
Corporation may provide diversification-based additional coverage payment
rates, premium discounts, or other enhanced benefits in recognition of the risk
management benefits of crop and livestock diversification strategies for
producers that grow multiple crops or that may have income from the production
of livestock that uses a crop grown on the farm.
(D)
Market
readiness
The Corporation may include coverage for the value of
any packing, packaging, or any other similar on-farm activity the Corporation
determines to be the minimum required in order to remove the commodity from the
field.
(E)
Report
Not
later than 2 years after the date of enactment of this paragraph, the
Corporation shall submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and Forestry of
the Senate a report that describes the results and feasibility of the research
and development conducted under this paragraph, including an analysis of
potential adverse market distortions.
(21)
Study on poultry
catastrophic disease program
(A)
In
general
The Corporation shall
contract with a qualified person to conduct a study to determine the
feasibility of insuring poultry producers for a catastrophic event.
(B)
Report
Not later than 1 year after the date of the
enactment of this paragraph, the Corporation shall submit to the Committee on
Agriculture of the House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report that describes the results of
the study conducted under subparagraph (A).
(22)
Poultry business
interruption insurance policy
(A)
Authority
The Corporation shall offer to enter into a
contract or cooperative agreement with a university or other legal entity to
carry out research and development regarding a policy to insure the commercial
production of poultry against business interruptions caused by integrator
bankruptcy.
(B)
Research and
development
As part of the research and development conducted
pursuant to a contract or cooperative agreement entered into under subparagraph
(A), the entity shall—
(i) evaluate the market place for business
interruption insurance that is available to poultry growers;
(ii) determine what statutory authority would be
necessary to implement a business interruption insurance through the
Corporation;
(iii) assess the feasibility of a policy or plan
of insurance offered under this subtitle to insure against losses due to the
bankruptcy of an business integrator; and
(iv) analyze the costs to the
Federal Government of a Federal business interruption insurance program for
poultry growers.
(C)
Definitions
In this paragraph, the terms
poultry and poultry grower have the meanings
given those terms in section 2(a) of the Packers and Stockyards Act, 1921 (7
U.S.C. 182(a)).
(D)
Deadline for contract
or cooperative agreement
Not
later than six months after the date of the enactment of this paragraph, the
Corporation shall enter into the contract or cooperative agreement required by
subparagraph (A).
(E)
Deadline for completion
of research and development
Not later than one year after the date of
the enactment of this paragraph, the Corporation shall submit to the Committee
on Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report that describes the
results of the research and development conducted pursuant to the contract or
cooperative agreement entered into under subparagraph (A).
(23)
Study of food safety
insurance
(A)
In
general
The Corporation shall
offer to enter into a contract with 1 or more qualified entities to conduct a
study to determine whether offering policies that provide coverage for
specialty crops from food safety and contamination issues would benefit
agricultural producers.
(B)
Subject
The
study described in subparagraph (A) shall evaluate policies and plans of
insurance coverage that provide protection for production or revenue impacted
by food safety concerns including, at a minimum, government, retail, or
national consumer group announcements of a health advisory, removal, or recall
related to a contamination concern.
(C)
Report
Not
later than 1 year after the date of enactment of this paragraph, the
Corporation shall submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and Forestry of
the Senate a report that describes the results of the study conducted under
subparagraph
(A).
.
11022.
Program compliance
partnerships
Paragraph (1) of
section 522(d) of the Federal Crop Insurance Act (7 U.S.C. 1522(d)) is amended
to read as follows:
(1)
Purpose
The purpose of this subsection is to
authorize the Corporation to enter into partnerships with public and private
entities for the purpose of either—
(A) increasing the
availability of loss mitigation, financial, and other risk management tools for
producers, with a priority given to risk management tools for producers of
agricultural commodities covered by section 196 of the Agricultural Market
Transition Act (7 U.S.C. 7333), specialty crops, and underserved agricultural
commodities; or
(B) improving analysis tools
and technology regarding compliance or identifying and using innovative
compliance
strategies.
.
11023.
Pilot
programs
Section 523(a) of the
Federal Crop Insurance Act (7 U.S.C. 1523(a)) is amended—
(1) in paragraph (1), by
inserting , at the sole discretion of the Corporation, after
may; and
(2) by striking paragraph
(5).
11024.
Technical
amendments
(a)
Eligibility for
department programs
Section
508(b) of the Federal Crop Insurance Act (7 U.S.C. 1508(b)) is amended—
(1) by striking paragraph (7); and
(2) by redesignating
paragraphs (8) through (11) as paragraphs (7) through (10),
respectively.
(b)
Exclusions to
assistance for losses due to drought conditions
(1)
In
general
Section 531(d)(3)(A) of the Federal Crop Insurance Act (7
U.S.C. 1531(d)(3)(A)) is amended—
(A) by striking (A)
Eligible
losses.— and all that follows through An
eligible in clause (i) and inserting the following:
(A)
Eligible
losses
An eligible
;
(B) by striking clause (ii);
and
(C) by redesignating
subclauses (I) and (II) as clauses (i) and (ii), respectively, and indenting
appropriately.
(2)
Conforming
amendment
Section 901(d)(3)(A) of the Trade Act of 1974 (19
U.S.C. 2497(d)(3)(A)) is amended—
(A) by striking (A)
Eligible
losses.— and all that follows through An
eligible in clause (i) and inserting the following:
(A)
Eligible
losses
An eligible
;
(B) by striking clause (ii);
and
(C) by redesignating
subclauses (I) and (II) as clauses (i) and (ii), respectively, and indenting
appropriately.
XII
Miscellaneous
A
Livestock
12101.
National Sheep
Industry Improvement Center
Section 375(e)(6)(C) of the Consolidated
Farm and Rural Development Act (7 U.S.C. 2008j(e)(6)(C)) is amended by striking
2012 and inserting 2018.
12102.
Repeal of certain
regulations under the Packers and Stockyards Act,
1921
(a)
Repeal of certain
regulation requirement
Section 11006 of the Food, Conservation,
and Energy Act of 2008 (Public Law 110–246; 122 Stat. 2120) is repealed.
(b)
Repeal of certain
existing regulation
Subsection (n) of section 201.2 of title 9,
Code of Federal Regulations, is repealed.
(c)
Prohibition on
enforcement of certain regulations or issuance of similar
regulations
Notwithstanding any other provision of law, the
Secretary of Agriculture shall not—
(1) enforce subsection (n) of section 201.2 of
title 9, Code of Federal Regulations;
(2) finalize or implement sections 201.2(l),
201.2(t), 201.2(u), 201.3(c), 201.210, 201.211, 201.213, and 201.214 of title
9, Code of Federal Regulations, as proposed to be added by the proposed rule
entitled Implementation of Regulations Required Under Title XI of the
Food, Conservation and Energy Act of 2008; Conduct in Violation of the
Act published by the Department of Agriculture on June 22, 2010 (75
Fed. Reg. 35338); or
(3) issue regulations or
adopt a policy similar to the provisions—
(A) referred to in paragraph
(1) or (2); or
(B) rescinded by the Secretary pursuant to
section 742 of the Consolidated and Further Continuing Appropriations Act, 2013
(Public Law 113–6).
12103.
Trichinae
certification program
(a)
Alternative
certification process
The
Secretary of Agriculture shall amend the rule made under paragraph (2) of
section 11010(a) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C.
8304(a)) to implement the voluntary trichinae certification program established
under paragraph (1) of such section, to include a requirement to establish an
alternative trichinae certification process based on surveillance or other
methods consistent with international standards for categorizing compartments
as having negligible risk for trichinae.
(b)
Final
regulations
Not later than one year after the date on which the
international standards referred to in subsection (a) are adopted, the
Secretary shall finalize the rule amended under such subsection.
(c)
Reauthorization
Section 10405(d)(1) of the Animal Health
Protection Act (7 U.S.C. 8304(d)(1)) is amended in subparagraphs (A) and (B) by
striking 2012 each place it appears and inserting
2018.
12104.
National Aquatic
Animal Health Plan
Section
11013(d) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8322(d))
is amended by striking 2012 and inserting
2018.
12105.
Country of origin
labeling
(a)
In
general
Not later than 180
days after the date of the enactment of this Act, the Secretary of Agriculture,
acting through the Office of the Chief Economist, shall conduct an economic
analysis of the proposed rule entitled Mandatory Country of Origin
Labeling of Beef, Pork, Lamb, Chicken, Goat Meat, Wild and Farm-raised Fish and
Shellfish, Perishable Agricultural Commodities, Peanuts, Pecans, Ginseng and
Macadamia Nuts published by the Department of Agriculture on March 12,
2013 (76 Fed. Reg. 15645).
(b)
Contents
The economic analysis described in
subsection (a) shall include, with respect to the labeling of beef, pork, and
chicken, an analysis of the impact on consumers, producers, and packers in the
United States of—
(1) the implementation of subtitle D of the
Agricultural Marketing Act of 1946 (7 U.S.C. 1638 et seq.); and
(2) the proposed rule
referred to in subsection (a).
12106.
National animal
health laboratory network
Subtitle E of title X of the Farm Security
and Rural Investment Act of 2002 is amended by inserting after section 10409 (7
U.S.C. 8308) the following new section:
10409A.
National animal
health laboratory network
(a)
In
general
The Secretary shall
enter into contracts, grants, cooperative agreements, or other legal
instruments with eligible laboratories for any of the following
purposes:
(1) To enhance the capability of the Secretary
to detect, and respond in a timely manner to, emerging or existing threats to
animal health and to support the protection of public health, the environment,
and the agricultural economy of the United States.
(2) To provide the capacity and capability for
standardized—
(A) test procedures, reference materials, and
equipment;
(B) laboratory biosafety and biosecurity
levels;
(C) quality management system
requirements;
(D) interconnected electronic reporting and
transmission of data; and
(E) evaluation for emergency
preparedness.
(3) To coordinate the development,
implementation, and enhancement of national veterinary diagnostic laboratory
capabilities, with special emphasis on surveillance planning and vulnerability
analysis, technology development and validation, training, and outreach.
(b)
Eligibility
An eligible laboratory under this section
is a diagnostic laboratory meeting specific criteria developed by the
Secretary, in consultation with State animal health officials and State and
university veterinary diagnostic laboratories.
(c)
Priority
To the extent practicable and to the extent
capacity and specialized expertise may be necessary, the Secretary shall give
priority to existing Federal, State, and university facilities.
(d)
Authorization of
appropriations
There are
authorized to be appropriated to carry out this section $15,000,000 for each of
fiscal years 2014 through
2018.
.
12107.
Repeal of
duplicative catfish inspection program
(a)
In
general
Effective on the date
of the enactment of the Food, Conservation, and Energy Act of 2008 (7 U.S.C.
8701 et seq.), section 11016 of such Act (Public Law 110–246; 122 Stat. 2130)
and the amendments made by such section are repealed.
(b)
Application
The Agricultural Marketing Act of 1946 (7
U.S.C. 1621 et seq.) and the Federal Meat Inspection Act (21 U.S.C. 601 et
seq.) shall be applied and administered as if section 11016 (Public Law
110-246; 122 Stat. 2130) of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 8701 et seq.) and the amendments made by such section had not been
enacted.
12108.
National Poultry
Improvement Program
The
Secretary of Agriculture shall ensure that the Department of Agriculture
continues to administer the diagnostic surveillance program for H5/H7 low
pathogenic avian influenza with respect to commercial poultry under section
146.14 of title 9, Code of Federal Regulations (or a successor regulation)
without amending the regulations in section 147.43 of title 9, Code of Federal
Regulations (or a successor regulation) with respect to the governance of the
General Conference Committee established under such section. The Secretary of
Agriculture shall maintain—
(1) the operations of the General Conference
Committee—
(A) in the physical location
at which the Committee was located on the date of the enactment of this Act;
and
(B) with the organizational
structure within the Department of Agriculture in effect as of such date;
and
(2) the funding levels for
the National Poultry Improvement Plan for Commercial Poultry (established under
part 146 of title 9, Code of Federal Regulations or a successor regulation) at
the fiscal year 2013 funding levels for the Plan.
12109.
Report on bovine
tuberculosis in Texas
Not
later than December 31, 2014, the Secretary of Agriculture shall submit to the
Committee on Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report on the incidence of
bovine tuberculosis in cattle in Texas. The report shall cover the period
beginning on January 1, 1997, and ending on December 31, 2013.
B
Socially disadvantaged
producers and limited resource producers
12201.
Outreach and
assistance for socially disadvantaged farmers and ranchers and veteran farmers
and ranchers
(a)
Outreach and assistance
for socially disadvantaged farmers and ranchers and veteran farmers and
ranchers
Section 2501 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 2279) is amended—
(1) in the section heading,
by inserting and veteran
farmers and ranchers after ranchers;
(2) in subsection (a)—
(A) in paragraph (1), by inserting and
veteran farmers or ranchers after ranchers;
(B) in paragraph (2)(B)(i),
by inserting and veteran farmers or ranchers after
ranchers; and
(C) in paragraph (4)—
(i) in subparagraph
(A)—
(I) in the heading of such
subparagraph, by striking 2012 and
inserting 2018;
(II) in clause (i), by
striking and at the end;
(III) in clause (ii), by
striking the period at the end and inserting ; and; and
(IV) by adding at the end the
following new clause:
(iii) $10,000,000 for each of
fiscal years 2014 through 2018.
;
and
(ii) by adding at the end the
following new subparagraph:
(E)
Authorization of
appropriations
There are authorized to be appropriated to carry
out this section $20,000,000 for each of fiscal years 2014 through
2018.
;
(3) in subsection (b)(2), by
inserting or veteran farmers and ranchers after socially
disadvantaged farmers and ranchers;
(4) in subsection (c)—
(A) in paragraph (1)(A), by
inserting veteran farmers or ranchers and before
members; and
(B) in paragraph (2)(A), by
inserting veteran farmers or ranchers and before
members; and
(5) in subsection (e)(5)(A)—
(A) in clause (i), by
inserting and veteran farmers or ranchers after
ranchers; and
(B) in clause (ii), by inserting and
veteran farmers or ranchers after ranchers.
(b)
Definition of veteran
farmer or rancher
Section 2501(e) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 2279(e)) is amended by adding at
the end the following new paragraph:
(7)
Veteran farmer or
rancher
The term veteran farmer or rancher means a
farmer or rancher who served in the active military, naval, or air service, and
who was discharged or released from the service under conditions other than
dishonorable.
.
12202.
Office of Advocacy
and Outreach
Paragraph (3) of
section 226B(f) of the Department of Agriculture Reorganization Act of 1994 (7
U.S.C. 6934(f)) is amended to read as follows:
(3)
Authorization of
appropriations
There are
authorized to be appropriated to carry out this subsection—
(A) such sums as are
necessary for each of fiscal years 2009 through 2013; and
(B) $2,000,000 for each of
fiscal years 2014 through
2018.
.
12203.
Socially
Disadvantaged Farmers and Ranchers Policy Research Center
Section 2501 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 2279), as amended by section
12201, is amended by adding at the end the following new subsection:
(i)
Socially disadvantaged
farmers and ranchers policy research center
The Secretary shall award a grant to a
college or university eligible to receive funds under the Act of August 30,
1890 (7 U.S.C. 321 et seq.), including Tuskegee University, to establish a
policy research center to be known as the Socially Disadvantaged Farmers
and Ranchers Policy Research Center for the purpose of developing
policy recommendations for the protection and promotion of the interests of
socially disadvantaged farmers and
ranchers.
.
C
Other miscellaneous
provisions
12302.
Grants to improve
supply, stability, safety, and training of agricultural labor
force
Subsection (d) of
section 14204 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C.
2008q–1) is amended to read as follows:
(d)
Authorization of
appropriations
There are
authorized to be appropriated to carry out this section—
(1) such sums as are
necessary for each of fiscal years 2008 through 2013; and
(2) $10,000,000 for each of
fiscal years 2014 through
2018.
.
12303.
Program benefit
eligibility status for participants in high plains water study
Section 2901 of the Food, Conservation, and
Energy Act of 2008 (Public Law 110–246; 122 Stat. 1818) is amended by striking
this Act or an amendment made by this Act and inserting
this Act, an amendment made by this Act, the
Federal Agriculture Reform and Risk
Management Act of 2013, or an amendment made by the
Federal Agriculture Reform and Risk
Management Act of 2013.
12304.
Office of Tribal
Relations
(a)
In
general
Title III of the
Federal Crop Insurance Reform and Department of Agriculture Reorganization Act
of 1994 is amended by adding after section 308 (7 U.S.C. 3125a note; Public Law
103–354) the following new section:
309.
Office of Tribal
Relations
The Secretary shall
establish in the Office of the Secretary an Office of Tribal Relations to
advise the Secretary on policies related to Indian
tribes.
.
(b)
Conforming
amendment
Section 296(b) of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 7014(b)) is amended by inserting after
paragraph (9), as added by section 4207, the following new paragraph:
(10) the authority of the
Secretary to establish in the Office of the Secretary the Office of Tribal
Relations in accordance with section 309;
and
.
12305.
Military Veterans
Agricultural Liaison
(a)
In
general
Subtitle A of the
Department of Agriculture Reorganization Act of 1994 is amended by inserting
after section 218 (7 U.S.C. 6918) the following new section:
219.
Military Veterans
Agricultural Liaison
(a)
Authorization
The
Secretary shall establish in the Department the position of Military Veterans
Agricultural Liaison.
(b)
Duties
The
Military Veterans Agricultural Liaison shall—
(1) provide information to
returning veterans about, and connect returning veterans with, beginning farmer
training and agricultural vocational and rehabilitation programs appropriate to
the needs and interests of returning veterans, including assisting veterans in
using Federal veterans educational benefits for purposes relating to beginning
a farming or ranching career;
(2) provide information to
veterans concerning the availability of and eligibility requirements for
participation in agricultural programs, with particular emphasis on beginning
farmer and rancher programs;
(3) serve as a resource for
assisting veteran farmers and ranchers, and potential farmers and ranchers, in
applying for participation in agricultural programs; and
(4) advocate on behalf of
veterans in interactions with employees of the
Department.
.
(b)
Conforming
amendment
Section 296(b) of
the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 7014(b)) is
amended by inserting after paragraph (10), as added by section 12304, the
following new paragraph:
(11) the authority of the
Secretary to establish in the Department the position of Military Veterans
Agricultural Liaison in accordance with section
219.
.
12306.
Prohibition on
keeping GSA leased cars overnight
Effective immediately, a Federal employee of
a State office of the Farm Service Agency in the field and non-Federal
employees of county and area committees established under section 8(b)(5) of
the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)(5)) shall
keep leased interagency motor pool vehicles at a location listed on the General
Services Administration inventory of owned and leased properties or a location
owned or leased by the Department of Agriculture overnight unless the employee
assigned the vehicle is on overnight, approved travel status involving per
diem.
12307.
Noninsured crop assistance
program
Section 196 of the
Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333), as
amended by section 11013(b), is further amended—
(1) in subsection (a)—
(A) by striking paragraph (1) and inserting the
following new paragraph:
(1)
In general
(A)
Coverages
In the case of an eligible crop described
in paragraph (2), the Secretary of Agriculture shall operate a noninsured crop
disaster assistance program to provide coverages based on individual yields
(other than for value-loss crops) equivalent to—
(i) catastrophic risk protection available
under section 508(b) of the Federal Crop Insurance Act (7 U.S.C. 1508(b));
or
(ii) additional coverage available under
subsections (c) and (h) of section 508 of that Act (7 U.S.C. 1508) that does
not exceed 65 percent.
(B)
Administration
The Secretary shall carry out this section
through the Farm Service Agency (referred to in this section as the
Agency).
;
and
(B) in paragraph (2)—
(i) in subparagraph (A)—
(I) in clause (i), by
striking and after the semicolon at the end;
(II) by redesignating clause (ii) as clause
(iii); and
(III) by inserting after clause (i) the following
new clause:
(ii) for which additional coverage under
subsections (c) and (h) of section 508 of that Act (7 U.S.C. 1508) is not
available; and
;
and
(ii) in subparagraph (B), by inserting
sweet sorghum, biomass sorghum, before and industrial
crops;
(2) in subsection (d), by striking The
Secretary and inserting Subject to subsection (l), the
Secretary; and
(3) by adding at the end the following new
subsection:
(l)
Payment equivalent to additional
coverage
(1)
In general
The Secretary shall make available to a
producer eligible for noninsured assistance under this section a payment
equivalent to an indemnity for additional coverage under subsections (c) and
(h) of section 508 of the Federal Crop Insurance Act (7 U.S.C. 1508) that does
not exceed 65 percent of the established yield for the eligible crop on the
farm, computed by multiplying—
(A) the quantity that is not greater than 65
percent of the established yield for the crop, as determined by the Secretary,
specified in increments of 5 percent;
(B) 100 percent of the average market price for
the crop, as determined by the Secretary; and
(C) a payment rate for the type of crop, as
determined by the Secretary, that reflects—
(i) in the case of a crop that is produced with
a significant and variable harvesting expense, the decreasing cost incurred in
the production cycle for the crop that is, as applicable—
(I) harvested;
(II) planted but not harvested; or
(III) prevented from being planted because of
drought, flood, or other natural disaster, as determined by the Secretary;
or
(ii) in the case of a crop that is produced
without a significant and variable harvesting expense, such rate as shall be
determined by the Secretary.
(2)
Premium
To be eligible to receive a payment under
this subsection, a producer shall pay—
(A) the service fee required by subsection (k);
and
(B) a premium for the applicable crop year that
is equal to the product obtained by multiplying—
(i) the number of acres
devoted to the eligible crop;
(ii) the established yield
for the eligible crop, as determined by the Secretary under subsection
(e);
(iii) the coverage level
elected by the producer;
(iv) the average market
price, as determined by the Secretary; and
(v) .0525.
(3)
Limited resource, beginning, and socially
disadvantaged farmers
The
additional coverage made available under this subsection shall be available to
limited resource, beginning, and socially disadvantaged producers, as
determined by the Secretary, in exchange for a premium that is 50 percent of
the premium determined for a producer under paragraph (2).
(4)
Premium Payment and
Application Deadline
(A)
Premium
payment
A producer electing
additional coverage under this subsection shall pay the premium amount owed for
the additional coverage by September 30 of the crop year for which the
additional coverage is purchased.
(B)
Application
Deadline
The latest date on which additional coverage under this
subsection may be elected shall be the application closing date described in
subsection (b)(1).
(5)
Effective
date
Additional coverage under this subsection shall be available
beginning with the 2015
crop.
.
12308.
Ensuring high
standards for agency use of scientific information
(a)
Requirement for final
guidelines
Not later than January 1, 2014, each Federal agency
shall have in effect guidelines for ensuring and maximizing the quality,
objectivity, utility, and integrity of scientific information relied upon by
such agency.
(b)
Content of
guidelines
The guidelines described in subsection (a), with
respect to a Federal agency, shall ensure that—
(1) when scientific
information is considered by the agency in policy decisions—
(A) the information is
subject to well-established scientific processes, including peer review where
appropriate;
(B) the agency appropriately
applies the scientific information to the policy decision;
(C) except for information
that is protected from disclosure by law or administrative practice, the agency
makes available to the public the scientific information considered by the
agency;
(D) the agency gives greatest
weight to information that is based on experimental, empirical, quantifiable,
and reproducible data that is developed in accordance with well-established
scientific processes; and
(E) with respect to any
proposed rule issued by the agency, such agency follows procedures that
include, to the extent feasible and permitted by law, an opportunity for public
comment on all relevant scientific findings;
(2) the agency has procedures
in place to make policy decisions only on the basis of the best reasonably
obtainable scientific, technical, economic, and other evidence and information
concerning the need for, consequences of, and alternatives to the decision;
and
(3) the agency has in place
procedures to identify and address instances in which the integrity of
scientific information considered by the agency may have been compromised,
including instances in which such information may have been the product of a
scientific process that was compromised.
(c)
Approval needed for
policy decisions To take effect
No policy decision issued after
January 1, 2014, by an agency subject to this section may take effect prior to
such date that the agency has in effect guidelines under subsection (a) that
have been approved by the Director of the Office of Science and Technology
Policy.
(d)
Policy decisions not in
compliance
(1)
In
general
Subject to paragraph (2), a policy decision of an agency
that does not comply with guidelines approved under subsection (c) shall be
deemed to be arbitrary, capricious, an abuse of discretion, and otherwise not
in accordance with law.
(2)
Exception
This subsection shall not apply to policy
decisions that are deemed to be necessary because of an imminent threat to
health or safety or because of another emergency.
(e)
Definitions
For
purposes of this section:
(1)
Agency
The
term agency has the meaning given such term in section 551(1) of
title 5, United States Code.
(2)
Policy
decision
The term policy decision means, with
respect to an agency, an agency action as defined in section 551(13) of title
5, United States Code, (other than an adjudication, as defined in section
551(7) of such title), and includes—
(A) the listing, labeling, or
other identification of a substance, product, or activity as hazardous or
creating risk to human health, safety, or the environment; and
(B) agency guidance.
(3)
Agency
guidance
The term agency guidance means an agency
statement of general applicability and future effect, other than a regulatory
action, that sets forth a policy on a statutory, regulatory, or technical issue
or on an interpretation of a statutory or regulatory issue.
12309.
Evaluation required
for purposes of prohibition on closure or relocation of county offices for the
Farm Service Agency
(a)
Prohibition on closure
or relocation of offices with high workload volume
Section
14212 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 6932a) is
amended by striking subsection (a) and inserting the following new subsection:
(a)
Prohibition on closure
or relocation of offices with high workload volume
The
Secretary of Agriculture may not close or relocate a county or field office of
the Farm Service Agency in a State if the Secretary determines, after
conducting the evaluation required under subsection (b)(1)(B), that the office
has a high workload volume compared with other county offices in the State.
.
(b)
Workload
evaluation
Section
14212(b)(1) of such Act (7 U.S.C. 6932a(b)(1)) is amended—
(1) by redesignating subparagraphs (A) and (B)
as clauses (i) and (ii), respectively, and moving the margins of such clauses
two ems to the right;
(2) by striking the
Farm Service Agency, to the maximum extent practicable and inserting
the Farm Service
Agency—
(A) to the maximum extent
practicable
;
(3) in clause (ii) (as redesignated by
paragraph (1))—
(A) by inserting as of the date of the
enactment of this Act after employees; and
(B) by striking the period at
the end and inserting ; and; and
(4) by adding at the end the
following new subparagraph:
(B) conduct and complete an evaluation of all
workload assessments for Farm Service Agency county offices that were open and
operational as of January 1, 2012, during the period that begins on a date that
is not later than 180 days after the date of the enactment of the Federal
Agriculture Reform and Risk Management Act of 2013 and ends on the date that is
18 months after such date of enactment.
.
(c)
Notice
required
Section 14212(b)(2)
of such Act (7 U.S.C. 6932a(b)(2)) is amended—
(1) in the matter preceding
subparagraph (A), by striking After the period referred to in subsection
(a)(1), the Secretary of Agriculture may not close a county or field office of
the Farm Service Agency unless— and inserting After carrying out
each of the activities required under paragraph (1), the Secretary of
Agriculture shall, before closing a county or field office of the Farm Service
Agency—;
(2) in subparagraph (A), by
striking the Secretary holds and inserting hold;
and
(3) in subparagraph (B), by
striking the Secretary notifies and inserting
notify.
(d)
Conforming
amendment
Section 14212(b)(1)
of such Act (7 U.S.C. 6932a(b)(1)) is amended by striking After the
period referred to in subsection (a)(1), the Secretary and inserting
The Secretary.
12310.
Acer access and
development program
(a)
Grants
authorized
The Secretary of
Agriculture may make competitive grants to States, tribal governments, and
research institutions to support the efforts of such States, tribal
governments, and research institutions to promote the domestic maple syrup
industry through the following activities:
(1) Promotion of research and education related
to maple syrup production.
(2) Promotion of natural resource
sustainability in the maple syrup industry.
(3) Market promotion for maple syrup and
maple-sap products.
(4) Encouragement of owners and operators of
privately-held land containing species of trees in the genus Acer—
(A) to initiate or expand maple-sugaring
activities on the land; or
(B) to voluntarily make the land available,
including by lease or other means, for access by the public for maple-sugaring
activities.
(b)
Application
In submitting an application for a
competitive grant under this section, a State, tribal government, or research
institution shall include—
(1) a description of the activities to be
supported using the grant funds;
(2) a description of the benefits that the
State, tribal government, or research institution intends to achieve as a
result of engaging in such activities; and
(3) an estimate of the increase in
maple-sugaring activities or maple syrup production that the State, tribal
government, or research institution anticipates will occur as a result of
engaging in such activities.
(c)
Rule of
construction
Nothing in this
section shall be construed so as to preempt a State or tribal government law,
including a State or tribal government liability law.
(d)
Definition of
maple-sugaring
In this
section, the term maple-sugaring means the collection of sap
from any species of tree in the genus Acer for the purpose of boiling to
produce food.
(e)
Regulations
The Secretary of Agriculture shall
promulgate such regulations as are necessary to carry out this section.
(f)
Authorization of
appropriations
There are
authorized to be appropriated to carry out this section $20,000,000 for each of
fiscal years 2014 through 2018.
12311.
Regulatory review
by the Secretary of Agriculture
(a)
Review of regulatory
agenda
The Secretary of
Agriculture shall review publications that may give notice that the
Environmental Protection Agency is preparing or plans to prepare any guidance,
policy, memorandum, regulation, or statement of general applicability and
future effect that may have a significant impact on a substantial number of
agricultural entities, including—
(1) any regulatory agenda of
the Environmental Protection Agency published pursuant to section 602 of title
5, United States Code;
(2) any regulatory plan or
agenda published by the Environmental Protection Agency or the Office of
Management and Budget pursuant to an Executive order, including Executive Order
12866; and
(3) any other publication
issued by the Environmental Protection Agency or the Office of Management and
Budget that may reasonably be foreseen to contain notice of plans by the
Environmental Protection Agency to prepare any guidance, policy, memorandum,
regulation, or statement of general applicability and future effect that may
have a significant impact on a substantial number of agricultural
entities.
(b)
Information
gathering
For a publication item reviewed under subsection (a)
that the Secretary determines may have a significant impact on a substantial
number of agricultural entities, the Secretary shall—
(1) solicit from the
Administrator of the Environmental Protection Agency any information the
Administrator may provide to facilitate a review of the publication
item;
(2) utilize the Chief Economist of the
Department of Agriculture to produce an economic impact statement for the
publication item that contains a detailed estimate of potential costs to
agricultural entities;
(3) identify individuals
representative of potentially affected agricultural entities for the purpose of
obtaining advice and recommendations from such individuals about the potential
impacts of the publication item; and
(4) convene a review panel for analysis of the
publication item that includes the Secretary, any full-time Federal employee of
the Department of Agriculture appointed to the panel by the Secretary, and any
employee of the Environmental Protection Agency or the Office of Information
and Regulatory Affairs within the Office of Management and Budget that accepts
an invitation from the Secretary to participate in the panel.
(c)
Duties of the review
panel
A review panel convened
for a publication item under subsection (b)(4) shall—
(1) review any information or material obtained
by the Secretary and prepared in connection with the publication item,
including any draft proposed guidance, policy, memorandum, regulation, or
statement of general applicability and future effect;
(2) collect advice and
recommendations from agricultural entity representatives identified by the
Administrator after consultation with the Secretary;
(3) compile and analyze such
advice and recommendations; and
(4) make recommendations to
the Secretary based on the information gathered by the review panel or provided
by agricultural entity representatives.
(d)
Comments
(1)
In
general
Not later than 60
days after the date the Secretary convenes a review panel pursuant to
subsection (b)(4), the Secretary shall submit to the Administrator comments on
the planned or proposed guidance, policy, memorandum, regulation, or statement
of general applicability and future effect for consideration and inclusion in
any related administrative record, including—
(A) a report by the Secretary
on the concerns of agricultural entities;
(B) the findings of the
review panel;
(C) the findings of the
Secretary, including any adopted findings of the review panel; and
(D) recommendations of the
Secretary.
(2)
Publication
The
Secretary shall publish the comments in the Federal Register and make the
comments available to the public on the public Internet website of the
Department of Agriculture.
(e)
Waivers
The Secretary may waive initiation of the
review panel under subsection (b)(4) as the Secretary determines
appropriate.
(f)
Definition of
agricultural entity
In this
section, the term agricultural entity means any entity involved
in or related to agricultural enterprise, including enterprises that are
engaged in the business of production of food and fiber, ranching and raising
of livestock, aquaculture, and all other farming and agricultural related
industries.
12312.
Agricultural
commodity definition
Section
513(1) of the Commodity Promotion, Research, and Information Act of 1996 (7
U.S.C. 7412(1)), as amended by section 10004(g), is amended—
(1) by redesignating
subparagraphs (E), (F), and (G) (as added or redesignated by such section
10004(g), as the case may be) as subparagraphs (F), (G), and (H), respectively;
and
(2) by inserting after
subparagraph (D) the following new subparagraph:
(E) the products of natural
stone;
.
12313.
Prohibition on
attending an animal fighting venture or causing a minor to attend an animal
fighting venture
Section
26(a)(1) of the Animal Welfare Act (7 U.S.C. 2156(a)(1)) is amended by striking
the period and inserting or to knowingly attend or knowingly cause a
minor to attend an animal fighting venture..
12314.
Prohibition against
interference by State and local governments with production or manufacture of
items in other States
(a)
In
general
Consistent with
Article I, section 8, clause 3 of the Constitution of the United States, the
government of a State or locality therein shall not impose a standard or
condition on the production or manufacture of any agricultural product sold or
offered for sale in interstate commerce if—
(1) such production or
manufacture occurs in another State; and
(2) the standard or condition
is in addition to the standards and conditions applicable to such production or
manufacture pursuant to—
(A) Federal law; and
(B) the laws of the State and
locality in which such production or manufacture occurs.
(b)
Agricultural product
defined
In this section, the
term agricultural product has the meaning given such term in
section 207 of the Agricultural Marketing Act of 1946 (7 U.S.C. 1626).
12315.
Increased protection
for agricultural interests in the Missouri River Basin
(a)
Findings
Congress
finds the following:
(1) Record runoff occurred in
the Missouri River basin during 2011 as a result of historic rainfall over
portions of the upper basin coupled with heavy plains and mountain
snowpack.
(2) Runoff above Sioux City,
Iowa, during the 5-month period of March through July totaled an estimated 48.4
million acre-feet (referred to in this section as MAF). This
runoff volume was more than 20 percent greater than the design storm for the
Missouri River Mainstem Reservoir System (referred to in this section as the
System), which was based on the 1881 runoff of 40.0 MAF during
the same 5-month period.
(3) During the 2011 runoff
season, nearly 61 million acre-feet of water entered the Missouri River system,
far surpassing the previous record of 49 MAF in runoff that was set during the
flood of 1997.
(4) Given the incredible
amount of water entering the System, the summer months were spent working to
evacuate as much water from the System as possible, ultimately leading to
record high water releases from Gavins Point Dam of 160,000 cubic feet per
second, a rate that more than doubled the previous release record of 70,000
cubic feet per second set in 1997.
(5) For nearly four months,
those extremely high releases from Gavins Point were maintained, resulting in
severe and sustained flooding, with much of western Iowa and eastern Nebraska
as well as portions of South Dakota, Kansas, and Missouri inundated by a
flooding river three to five feet deep, up to 11 miles wide, and flowing at a
rate of 4 to 11 miles per hour.
(6) Thousands of homes and
businesses were damaged or destroyed and hundreds of millions of dollars in
damage was done to roads and other public infrastructure.
(7) In addition to the homes,
businesses, and infrastructure impacted by the flooding, hundreds of thousands
of acres of cropland were affected.
(8) The Department of
Agriculture has estimated that 400,000 to 500,000 acres of some of the most
productive crop land in the world was flooded in 2011.
(9) Local Farm Services
Agency representatives have estimated that $82,100,000 was lost in 2011 alone
due to damaged or lost crops and unplanted acres.
(10) Not only did the
flooding eliminate the 2011 crop, but it is highly unlikely that many farmers
will be able to put that land back into production at any point in the near
future.
(11) Producers will have to
contend with large piles of sand, silt, and other debris that have been
deposited in their fields, meaning the impact of the 2011 flood will be felt in
the agricultural communities up and down the Missouri River for many years to
come.
(12) Currently, the amount of
storage capacity in the System that is set aside for flood control is based
upon the vacated space required to control the 1881 flood, because prior to the
2011 flood, the 1881 flood was seen as the high water
mark.
(13) Given the historic
flooding that took place in 2011, it is clear that that year’s flooding now
represents a new high water mark, surpassing the flooding of
even the 1881 flood.
(14) It is important that the
flood control related functions of the System management be adjusted to reflect
the reality of the 2011 flood as the new worst case scenario for
flooding along the Missouri River.
(15) System management may
begin to be adjusted to account for the 2011 flood through a recalculation of
the amount of storage space within the System that is allocated to flood
control, using the model not of the 1881 flood, but of the greatest flood
experienced—the flood of 2011.
(16) As a result of the
flooding in 2011, many States received disaster declarations from the
Department of Agriculture to help farmers and producers recover from the damage
done by the high water.
(17) Though helpful, even the
assistance provided by the Department of Agriculture will not provide many in
the agriculture community with the resources to put their land back into
production any time soon.
(18) Without the protection
that will come from a fundamental change in the System’s flood control storage
allocations, farmers, producers, and other agricultural interests who may be in
a position to restart their operations will find it difficult to justify doing
so, given the fact that they will not be protected from similar flooding in the
future.
(b)
Updated management of
the Missouri river To protect agricultural interests
In order to
strengthen the agricultural economy, revitalize the rural communities, and
conserve the natural resources of the Missouri River basin, the Congress
directs that the Secretary of Agriculture take action to promote immediate
increased flood protection to farmers, producers, and other agricultural
interests in the Missouri River basin by working within its jurisdiction to
support efforts—
(1) to recalculate the
amount of space within the System that is allocated to flood control storage
using the 2011 flood as the model; and
(2) to increase the Missouri
River’s channel capacity between the reservoirs and below Gavins Point.
12316.
Increased protection
for agricultural interests in the Black Dirt region
In order to strengthen the agricultural
economy, revitalize the rural communities, and conserve the natural resources
of the Black Dirt region, the Congress directs that the Secretary of
Agriculture take action to promote immediate increased flood protection to
farmers, producers, and other agricultural interests around the Wallkill River
and in the Black Dirt region.
1.
Short title; table of
contents
(a)
Short
title
This Act may be cited
as the Federal Agriculture Reform and
Risk Management Act of 2013.
(b)
Table of
contents
The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary of Agriculture.
Title I—Commodities
Subtitle A—Repeals and reforms
Sec. 1101. Repeal of direct payments.
Sec. 1102. Repeal of counter-cyclical payments.
Sec. 1103. Repeal of average crop revenue election
program.
Sec. 1104. Definitions.
Sec. 1105. Base acres.
Sec. 1106. Payment yields.
Sec. 1107. Farm risk management election.
Sec. 1108. Producer agreements.
Sec. 1109. Period of effectiveness.
Subtitle B—Marketing loans
Sec. 1201. Availability of nonrecourse marketing assistance
loans for loan commodities.
Sec. 1202. Loan rates for nonrecourse marketing assistance
loans.
Sec. 1203. Term of loans.
Sec. 1204. Repayment of loans.
Sec. 1205. Loan deficiency payments.
Sec. 1206. Payments in lieu of loan deficiency payments for
grazed acreage.
Sec. 1207. Special marketing loan provisions for upland
cotton.
Sec. 1208. Special competitive provisions for extra long staple
cotton.
Sec. 1209. Availability of recourse loans for high moisture
feed grains and seed cotton.
Sec. 1210. Adjustments of loans.
Subtitle C—Sugar
Sec. 1301. Sugar program.
Subtitle D—Dairy
Part I—Dairy producer margin protection and dairy market
stabilization programs
Sec. 1401. Definitions.
Sec. 1402. Calculation of average feed cost and actual dairy
producer margins.
Subpart A—Dairy producer margin protection program
Sec. 1411. Establishment of dairy producer margin protection
program.
Sec. 1412. Participation of dairy producers in margin
protection program.
Sec. 1413. Production history of participating dairy
producers.
Sec. 1414. Basic margin protection.
Sec. 1415. Supplemental margin protection.
Sec. 1416. Effect of failure to pay administrative fees or
premiums.
Subpart B—Dairy Market Stabilization Program
Sec. 1431. Establishment of dairy market stabilization
program.
Sec. 1432. Threshold for implementation and reduction in dairy
producer payments.
Sec. 1433. Producer milk marketing information.
Sec. 1434. Calculation and collection of reduced dairy producer
payments.
Sec. 1435. Remitting monies to the Secretary and use of
monies.
Sec. 1436. Suspension of reduced payment
requirement.
Sec. 1437. Enforcement.
Sec. 1438. Audit requirements.
Subpart C—Commodity Credit Corporation
Sec. 1451. Use of Commodity Credit Corporation.
Subpart D—Initiation and duration
Sec. 1461. Rulemaking.
Sec. 1462. Duration.
Part II—Repeal or reauthorization of other dairy-related
provisions
Sec. 1481. Repeal of dairy product price support and milk
income loss contract programs.
Sec. 1482. Repeal of dairy export incentive
program.
Sec. 1483. Extension of dairy forward pricing
program.
Sec. 1484. Extension of dairy indemnity program.
Sec. 1485. Extension of dairy promotion and research
program.
Sec. 1486. Repeal of Federal Milk Marketing Order Review
Commission.
Part III—Effective date
Sec. 1491. Effective date.
Subtitle E—Supplemental Agricultural Disaster Assistance
Programs
Sec. 1501. Supplemental agricultural disaster
assistance.
Subtitle F—Administration
Sec. 1601. Administration generally.
Sec. 1602. Suspension of permanent price support
authority.
Sec. 1603. Payment limitations.
Sec. 1604. Adjusted gross income limitation.
Sec. 1605. Geographically disadvantaged farmers and
ranchers.
Sec. 1606. Personal liability of producers for
deficiencies.
Sec. 1607. Prevention of deceased individuals receiving
payments under farm commodity programs.
Sec. 1608. Technical corrections.
Sec. 1609. Assignment of payments.
Sec. 1610. Tracking of benefits.
Sec. 1611. Signature authority.
Sec. 1612. Implementation.
Title II—Conservation
Subtitle A—Conservation Reserve Program
Sec. 2001. Extension and enrollment requirements of
conservation reserve program.
Sec. 2002. Farmable wetland program.
Sec. 2003. Duties of owners and operators.
Sec. 2004. Duties of the Secretary.
Sec. 2005. Payments.
Sec. 2006. Contract requirements.
Sec. 2007. Conversion of land subject to contract to other
conserving uses.
Sec. 2008. Effective date.
Subtitle B—Conservation Stewardship Program
Sec. 2101. Conservation stewardship program.
Subtitle C—Environmental Quality Incentives
Program
Sec. 2201. Purposes.
Sec. 2202. Establishment and administration.
Sec. 2203. Evaluation of applications.
Sec. 2204. Duties of producers.
Sec. 2205. Limitation on payments.
Sec. 2206. Conservation innovation grants and
payments.
Sec. 2207. Effective date.
Subtitle D—Agricultural Conservation Easement
Program
Sec. 2301. Agricultural conservation easement
program.
Subtitle E—Regional Conservation Partnership
Program
Sec. 2401. Regional conservation partnership
program.
Subtitle F—Other Conservation Programs
Sec. 2501. Conservation of private grazing land.
Sec. 2502. Grassroots source water protection
program.
Sec. 2503. Voluntary public access and habitat incentive
program.
Sec. 2504. Agriculture conservation experienced services
program.
Sec. 2505. Small watershed rehabilitation program.
Sec. 2506. Agricultural management assistance
program.
Subtitle G—Funding and Administration
Sec. 2601. Funding.
Sec. 2602. Technical assistance.
Sec. 2603. Reservation of funds to provide assistance to
certain farmers or ranchers for conservation access.
Sec. 2604. Annual report on program enrollments and
assistance.
Sec. 2605. Review of conservation practice
standards.
Sec. 2606. Administrative requirements applicable to all
conservation programs.
Sec. 2607. Standards for State technical
committees.
Sec. 2608. Rulemaking authority.
Subtitle H—Repeal of Superseded Program Authorities and
Transitional Provisions; Technical Amendments
Sec. 2701. Comprehensive conservation enhancement
program.
Sec. 2702. Emergency forestry conservation reserve
program.
Sec. 2703. Wetlands reserve program.
Sec. 2704. Farmland protection program and farm viability
program.
Sec. 2705. Grassland reserve program.
Sec. 2706. Agricultural water enhancement program.
Sec. 2707. Wildlife habitat incentive program.
Sec. 2708. Great Lakes basin program.
Sec. 2709. Chesapeake Bay watershed program.
Sec. 2710. Cooperative conservation partnership
initiative.
Sec. 2711. Environmental easement program.
Sec. 2712. Technical amendments.
Title III—Trade
Subtitle A—Food for Peace Act
Sec. 3001. General authority.
Sec. 3002. Support for organizations through which assistance
is provided.
Sec. 3003. Food aid quality.
Sec. 3004. Minimum levels of assistance.
Sec. 3005. Food Aid Consultative Group.
Sec. 3006. Oversight, monitoring, and evaluation.
Sec. 3007. Assistance for stockpiling and rapid transportation,
delivery, and distribution of shelf-stable prepackaged foods.
Sec. 3008. General provisions.
Sec. 3009. Prepositioning of agricultural
commodities.
Sec. 3010. Annual report regarding food aid programs and
activities.
Sec. 3011. Deadline for agreements to finance sales or to
provide other assistance.
Sec. 3012. Authorization of appropriations.
Sec. 3013. Micronutrient fortification programs.
Sec. 3014. John Ogonowski and Doug Bereuter Farmer-to-Farmer
Program.
Subtitle B—Agricultural Trade Act of 1978
Sec. 3101. Funding for export credit guarantee
program.
Sec. 3102. Funding for market access program.
Sec. 3103. Foreign market development cooperator
program.
Subtitle C—Other Agricultural Trade Laws
Sec. 3201. Food for Progress Act of 1985.
Sec. 3202. Bill Emerson Humanitarian Trust.
Sec. 3203. Promotion of agricultural exports to emerging
markets.
Sec. 3204. McGovern-Dole International Food for Education and
Child Nutrition Program.
Sec. 3205. Technical assistance for specialty
crops.
Sec. 3206. Global Crop Diversity Trust.
Sec. 3207. Under Secretary of Agriculture for Foreign
Agricultural Services.
Title IV—Nutrition
Subtitle A—Supplemental nutrition assistance
program
Sec. 4001. Preventing payment of cash to recipients of
supplemental nutrition assistance for the return of empty bottles and cans used
to contain food purchased with benefits provided under the program.
Sec. 4002. Retailers.
Sec. 4003. Enhancing services to elderly and disabled
supplemental nutrition assistance program recipients.
Sec. 4004. Food distribution program on Indian
reservations.
Sec. 4005. Updating program eligibility.
Sec. 4006. Exclusion of medical marijuana from excess medical
expense deduction.
Sec. 4007. Standard utility allowances based on the receipt of
energy assistance payments.
Sec. 4008. Eligibility disqualifications.
Sec. 4009. Ending supplemental nutrition assistance program
benefits for lottery or gambling winners.
Sec. 4010. Improving security of food assistance.
Sec. 4011. Demonstration projects on acceptance of benefits of
mobile transactions.
Sec. 4012. Use of benefits for purchase of community-supported
agriculture share.
Sec. 4013. Restaurant meals program.
Sec. 4014. Mandating State immigration
verification.
Sec. 4015. Data exchange standardization for improved
interoperability.
Sec. 4016. Prohibiting government-sponsored recruitment
activities.
Sec. 4017. Repeal of bonus program.
Sec. 4018. Funding of employment and training
programs.
Sec. 4019. Monitoring employment and training
program.
Sec. 4020. Cooperation with program research and
evaluation.
Sec. 4021. Pilot projects to reduce dependency and increase
work effort in the supplemental nutrition assistance program.
Sec. 4022. Authorization of appropriations.
Sec. 4023. Limitation on use of block grant to Puerto
Rico.
Sec. 4024. Assistance for community food projects.
Sec. 4025. Emergency food assistance.
Sec. 4026. Nutrition education.
Sec. 4027. Retailer trafficking.
Sec. 4028. Technical and conforming amendments.
Sec. 4029. Tolerance level for excluding small
errors.
Sec. 4030. Commonwealth of the Northern Mariana Islands pilot
program.
Sec. 4031. Annual State report on verification of SNAP
participation.
Subtitle B—Commodity distribution programs
Sec. 4101. Commodity distribution program.
Sec. 4102. Commodity supplemental food program.
Sec. 4103. Distribution of surplus commodities to special
nutrition projects.
Sec. 4104. Processing of commodities.
Subtitle C—Miscellaneous
Sec. 4201. Farmers’ market nutrition program.
Sec. 4202. Nutrition information and awareness pilot
program.
Sec. 4203. Fresh fruit and vegetable program.
Sec. 4204. Additional authority for purchase of fresh fruits,
vegetables, and other specialty food crops.
Sec. 4205. Encouraging locally and regionally grown and raised
food.
Title V—Credit
Subtitle A—Farm ownership loans
Sec. 5001. Eligibility for farm ownership loans.
Sec. 5002. Conservation loan and loan guarantee
program.
Sec. 5003. Down payment loan program.
Sec. 5004. Elimination of mineral rights appraisal
requirement.
Subtitle B—Operating loans
Sec. 5101. Eligibility for farm operating loans.
Sec. 5102. Elimination of rural residency requirement for
operating loans to youth.
Sec. 5103. Authority to waive personal liability for youth
loans due to circumstances beyond borrower control.
Sec. 5104. Microloans.
Subtitle C—Emergency loans
Sec. 5201. Eligibility for emergency loans.
Subtitle D—Administrative provisions
Sec. 5301. Beginning farmer and rancher individual development
accounts pilot program.
Sec. 5302. Eligible beginning farmers and ranchers.
Sec. 5303. Loan authorization levels.
Sec. 5304. Priority for participation loans.
Sec. 5305. Loan fund set-asides.
Sec. 5306. Conforming amendment to borrower training provision,
relating to eligibility changes.
Subtitle E—State agricultural mediation programs
Sec. 5401. State agricultural mediation programs.
Subtitle F—Loans to purchasers of highly fractionated
land
Sec. 5501. Loans to purchasers of highly fractionated
land.
Title VI—Rural development
Subtitle A—Consolidated Farm and Rural Development
Act
Sec. 6001. Water, waste disposal, and wastewater facility
grants.
Sec. 6002. Rural business opportunity grants.
Sec. 6003. Elimination of reservation of community facilities
grant program funds.
Sec. 6004. Utilization of loan guarantees for community
facilities.
Sec. 6005. Rural water and wastewater circuit rider
program.
Sec. 6006. Tribal college and university essential community
facilities.
Sec. 6007. Emergency and imminent community water assistance
grant program.
Sec. 6008. Household water well systems.
Sec. 6009. Rural business and industry loan
program.
Sec. 6010. Rural cooperative development grants.
Sec. 6011. Locally or regionally produced agricultural food
products.
Sec. 6012. Intermediary relending program.
Sec. 6013. Rural water and waste disposal
infrastructure.
Sec. 6014. Simplified applications.
Sec. 6015. Grants for NOAA weather radio
transmitters.
Sec. 6016. Rural microentrepreneur assistance
program.
Sec. 6017. Delta Regional Authority.
Sec. 6018. Northern Great Plains Regional
Authority.
Sec. 6019. Rural business investment program.
Subtitle B—Rural Electrification Act of 1936
Sec. 6101. Relending for certain purposes.
Sec. 6102. Fees for certain loan guarantees.
Sec. 6103. Guarantees for bonds and notes issued for
electrification or telephone purposes.
Sec. 6104. Expansion of 911 access.
Sec. 6105. Access to broadband telecommunications services in
rural areas.
Subtitle C—Miscellaneous
Sec. 6201. Distance learning and telemedicine.
Sec. 6202. Value-added agricultural market development program
grants.
Sec. 6203. Agriculture innovation center demonstration
program.
Sec. 6204. Program metrics.
Sec. 6205. Study of rural transportation issues.
Sec. 6206. Certain Federal actions not to be considered
major.
Title VII—Research, Extension, and Related Matters
Subtitle A—National Agricultural Research, Extension, and
Teaching Policy Act of 1977
Sec. 7101. Option to be included as non-land-grant college of
agriculture.
Sec. 7102. National Agricultural Research, Extension,
Education, and Economics Advisory Board.
Sec. 7103. Specialty crop committee.
Sec. 7104. Veterinary services grant program.
Sec. 7105. Grants and fellowships for food and agriculture
sciences education.
Sec. 7106. Policy research centers.
Sec. 7107. Repeal of human nutrition intervention and health
promotion research program.
Sec. 7108. Repeal of pilot research program to combine medical
and agricultural research.
Sec. 7109. Nutrition education program.
Sec. 7110. Continuing animal health and disease research
programs.
Sec. 7111. Repeal of appropriations for research on national or
regional problems.
Sec. 7112. Grants to upgrade agricultural and food sciences
facilities at 1890 land-grant colleges, including Tuskegee
University.
Sec. 7113. Grants to upgrade agriculture and food science
facilities and equipment at insular area land-grant institutions.
Sec. 7114. Repeal of national research and training virtual
centers.
Sec. 7115. Hispanic-serving institutions.
Sec. 7116. Competitive Grants Program for Hispanic Agricultural
Workers and Youth.
Sec. 7117. Competitive grants for international agricultural
science and education programs.
Sec. 7118. Repeal of research equipment grants.
Sec. 7119. University research.
Sec. 7120. Extension service.
Sec. 7121. Auditing, reporting, bookkeeping, and administrative
requirements.
Sec. 7122. Supplemental and alternative crops.
Sec. 7123. Capacity building grants for NLGCA
institutions.
Sec. 7124. Aquaculture assistance programs.
Sec. 7125. Rangeland research programs.
Sec. 7126. Special authorization for biosecurity planning and
response.
Sec. 7127. Distance education and resident instruction grants
program for insular area institutions of higher education.
Sec. 7128. Matching funds requirement.
Subtitle B—Food, Agriculture, Conservation, and Trade Act of
1990
Sec. 7201. Best utilization of biological
applications.
Sec. 7202. Integrated management systems.
Sec. 7203. Sustainable agriculture technology development and
transfer program.
Sec. 7204. National training program.
Sec. 7205. National Genetics Resources Program.
Sec. 7206. Repeal of National Agricultural Weather Information
System.
Sec. 7207. Repeal of rural electronic commerce extension
program.
Sec. 7208. Repeal of agricultural genome
initiative.
Sec. 7209. High-priority research and extension
initiatives.
Sec. 7210. Repeal of nutrient management research and extension
initiative.
Sec. 7211. Organic agriculture research and extension
initiative.
Sec. 7212. Repeal of agricultural bioenergy feedstock and
energy efficiency research and extension initiative.
Sec. 7213. Farm business management.
Sec. 7214. Centers of excellence.
Sec. 7215. Repeal of red meat safety research
center.
Sec. 7216. Assistive technology program for farmers with
disabilities.
Sec. 7217. National rural information center
clearinghouse.
Subtitle C—Agricultural Research, Extension, and Education
Reform Act of 1998
Sec. 7301. Relevance and merit of agricultural research,
extension, and education funded by the Department.
Sec. 7302. Integrated research, education, and extension
competitive grants program.
Sec. 7303. Repeal of coordinated program of research,
extension, and education to improve viability of small and medium size dairy,
livestock, and poultry operations.
Sec. 7304. Fusarium Graminearum grants.
Sec. 7305. Repeal of Bovine Johne's disease control
program.
Sec. 7306. Grants for youth organizations.
Sec. 7307. Specialty crop research initiative.
Sec. 7308. Food animal residue avoidance database
program.
Sec. 7309. Repeal of national swine research
center.
Sec. 7310. Office of pest management policy.
Sec. 7311. Repeal of studies of agricultural research,
extension, and education.
Subtitle D—Other Laws
Sec. 7401. Critical Agricultural Materials Act.
Sec. 7402. Equity in Educational Land-grant Status Act of
1994.
Sec. 7403. Research Facilities Act.
Sec. 7404. Repeal of carbon cycle research.
Sec. 7405. Competitive, Special, and Facilities Research Grant
Act.
Sec. 7406. Renewable Resources Extension Act of
1978.
Sec. 7407. National Aquaculture Act of
1980.
Sec. 7408. Repeal of use of remote sensing data.
Sec. 7409. Repeal of reports under Farm Security and Rural
Investment Act of 2002.
Sec. 7410. Beginning farmer and rancher development
program.
Sec. 7411. Inclusion of Northern Mariana Islands as a State
under McIntire-Stennis Cooperative Forestry Act.
Subtitle E—Food, Conservation, and Energy Act of
2008
Part 1—Agricultural Security
Sec. 7501. Agricultural biosecurity communication
center.
Sec. 7502. Assistance to build local capacity in agricultural
biosecurity planning, preparation, and response.
Sec. 7503. Research and development of agricultural
countermeasures.
Sec. 7504. Agricultural biosecurity grant program.
Part 2—Miscellaneous
Sec. 7511. Enhanced use lease authority pilot
program.
Sec. 7512. Grazinglands research laboratory.
Sec. 7513. Budget submission and funding.
Sec. 7514. Repeal of research and education grants for the
study of antibiotic-resistant bacteria.
Sec. 7515. Repeal of farm and ranch stress assistance
network.
Sec. 7516. Repeal of seed distribution.
Sec. 7517. Natural products research program.
Sec. 7518. Sun grant program.
Sec. 7519. Repeal of study and report on food
deserts.
Sec. 7520. Repeal of agricultural and rural transportation
research and education.
Subtitle F—Miscellaneous provisions
Sec. 7601. Agreements with nonprofit organizations for National
Arboretum.
Sec. 7602. Cotton Disease Research Report.
Sec. 7603. Acceptance of facility for Agricultural Research
Service.
Sec. 7604. Miscellaneous technical corrections.
Title VIII—Forestry
Subtitle A—Repeal of Certain Forestry Programs
Sec. 8001. Forest land enhancement program.
Sec. 8002. Watershed forestry assistance program.
Sec. 8003. Expired cooperative national forest products
marketing program.
Sec. 8004. Hispanic-serving institution agricultural land
national resources leadership program.
Sec. 8005. Tribal watershed forestry assistance
program.
Sec. 8006. Separate Forest Service decisionmaking and appeals
process.
Subtitle B—Reauthorization of Cooperative Forestry Assistance
Act of 1978 Programs
Sec. 8101. State-wide assessment and strategies for forest
resources.
Sec. 8102. Forest Legacy Program.
Sec. 8103. Community forest and open space conservation
program.
Subtitle C—Reauthorization of Other Forestry-Related
Laws
Sec. 8201. Rural revitalization technologies.
Sec. 8202. Office of International Forestry.
Sec. 8203. Change in funding source for healthy forests reserve
program.
Sec. 8204. Stewardship end result contracting project
authority.
Subtitle D—National Forest Critical Area Response
Sec. 8301. Definitions.
Sec. 8302. Designation of critical areas.
Sec. 8303. Application of expedited procedures and activities
of the Healthy Forests Restoration Act of 2003 to critical areas.
Sec. 8304. Good neighbor authority.
Subtitle E—Miscellaneous Provisions
Sec. 8401. Revision of strategic plan for forest inventory and
analysis.
Sec. 8402. Forest Service participation in ACES
Program.
Title IX—Energy
Sec. 9001. Definition of renewable energy system.
Sec. 9002. Biobased markets program.
Sec. 9003. Biorefinery Assistance.
Sec. 9004. Repowering assistance program.
Sec. 9005. Bioenergy Program for Advanced Biofuels.
Sec. 9006. Biodiesel Fuel Education Program.
Sec. 9007. Rural Energy for America Program.
Sec. 9008. Biomass Research and Development.
Sec. 9009. Feedstock Flexibility Program for Bioenergy
Producers.
Sec. 9010. Biomass Crop Assistance Program.
Sec. 9011. Community wood energy program.
Sec. 9012. Repeal of biofuels infrastructure study.
Sec. 9013. Repeal of renewable fertilizer study.
Title X—Horticulture
Sec. 10001. Specialty crops market news allocation.
Sec. 10002. Repeal of grant program to improve movement of
specialty crops.
Sec. 10003. Farmers market and local food promotion
program.
Sec. 10004. Organic agriculture.
Sec. 10005. Investigations and enforcement of the Organic Foods
Production Act of 1990.
Sec. 10006. Food safety education initiatives.
Sec. 10007. Specialty crop block grants.
Sec. 10008. Report on honey.
Sec. 10009. Bulk shipments of apples to Canada.
Sec. 10010. Inclusion of olive oil in import controls under the
Agricultural Adjustment Act.
Sec. 10011. Consolidation of plant pest and disease management
and disaster prevention programs.
Sec. 10012. Modification, cancellation, or suspension on basis
of a biological opinion.
Sec. 10013. Use and discharges of authorized
pesticides.
Title XI—Crop Insurance
Sec. 11001. Information sharing.
Sec. 11002. Publication of information on violations of
prohibition on premium adjustments.
Sec. 11003. Supplemental coverage option.
Sec. 11004. Premium amounts for catastrophic risk
protection.
Sec. 11005. Repeal of performance-based discount.
Sec. 11006. Permanent enterprise unit subsidy.
Sec. 11007. Enterprise units for irrigated and nonirrigated
crops.
Sec. 11008. Data collection.
Sec. 11009. Adjustment in actual production history to
establish insurable yields.
Sec. 11010. Submission and review of policies.
Sec. 11011. Equitable relief for specialty crop
policies.
Sec. 11012. Budget limitations on renegotiation of the standard
reinsurance agreement.
Sec. 11013. Crop production on native sod.
Sec. 11014. Coverage levels by practice.
Sec. 11015. Beginning farmer and rancher
provisions.
Sec. 11016. Stacked income protection plan for producers of
upland cotton.
Sec. 11017. Peanut revenue crop insurance.
Sec. 11018. Authority to correct errors.
Sec. 11019. Implementation.
Sec. 11020. Research and development priorities.
Sec. 11021. Additional research and development contracting
requirements.
Sec. 11022. Program compliance partnerships.
Sec. 11023. Pilot programs.
Sec. 11024. Technical amendments.
Title XII—Miscellaneous
Subtitle A—Livestock
Sec. 12101. National Sheep Industry Improvement
Center.
Sec. 12102. Trichinae certification program.
Sec. 12103. National Aquatic Animal Health Plan.
Sec. 12104. Country of origin labeling.
Sec. 12105. National animal health laboratory
network.
Subtitle B—Socially disadvantaged producers and limited
resource producers
Sec. 12201. Outreach and assistance for socially disadvantaged
farmers and ranchers and veteran farmers and ranchers.
Sec. 12202. Office of Advocacy and Outreach.
Subtitle C—Other miscellaneous provisions
Sec. 12301. Grants to improve supply, stability, safety, and
training of agricultural labor force.
Sec. 12302. Program benefit eligibility status for participants
in high plains water study.
Sec. 12303. Office of Tribal Relations.
Sec. 12304. Military Veterans Agricultural Liaison.
Sec. 12305. Prohibition on keeping GSA leased cars
overnight.
Sec. 12306. Noninsured crop assistance program.
Sec. 12307. Ensuring high standards for agency use of
scientific information.
2.
Definition of
Secretary of Agriculture
In
this Act, the term Secretary means the Secretary of
Agriculture.
I
Commodities
A
Repeals and
reforms
1101.
Repeal of
direct payments
(a)
Repeal
Sections 1103 and 1303 of the Food,
Conservation, and Energy Act of 2008 (7 U.S.C. 8713, 8753) are repealed.
(b)
Continued
application for 2013 crop year
Sections 1103 and 1303 of the
Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8713, 8753), as in effect
on the day before the date of enactment of this Act, shall continue to apply
through the 2013 crop year with respect to all covered commodities (as defined
in section 1001 of that Act (7 U.S.C. 8702)) and peanuts on a farm.
(c)
Continued
application for 2014 and 2015 crop years
Subject to this subtitle, the amendments
made by sections 1603 and 1604 of this Act, and sections 1607 and 1611 of this
Act, section 1103 of the Food, Conservation and Energy Act of 2008 (7 U.S.C.
8713), as in effect on the day before the date of enactment of this Act, shall
continue to apply through the 2014 and 2015 crop years with respect to upland
cotton only (as defined in section 1001 of that Act (7 U.S.C. 8702)), except
that, in applying such section 1103, the term payment acres
means the following:
(1) For crop year
2014, 70 percent of the base acres of upland cotton on a farm on which direct
payments are made.
(2) For crop year
2015, 60 percent of the base acres of upland cotton on a farm on which direct
payments are made.
1102.
Repeal of
counter-cyclical payments
(a)
Repeal
Sections 1104 and 1304 of the Food,
Conservation, and Energy Act of 2008 (7 U.S.C. 8714, 8754) are repealed.
(b)
Continued
application for 2013 crop year
Sections 1104 and 1304 of the
Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8714, 8754), as in effect
on the day before the date of enactment of this Act, shall continue to apply
through the 2013 crop year with respect to all covered commodities (as defined
in section 1001 of that Act (7 U.S.C. 8702)) and peanuts on a farm.
1103.
Repeal of
average crop revenue election program
(a)
Repeal
Section
1105 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8715) is
repealed.
(b)
Continued
application for 2013 crop year
Section 1105 of the Food,
Conservation, and Energy Act of 2008 (7 U.S.C. 8715), as in effect on the day
before the date of enactment of this Act, shall continue to apply through the
2013 crop year with respect to all covered commodities (as defined in section
1001 of that Act (7 U.S.C. 8702)) and peanuts on a farm for which the
irrevocable election under section 1105 of that Act was made before the date of
enactment of this Act.
1104.
Definitions
In this subtitle and subtitle B:
(1)
Actual county
revenue
The term actual county revenue, with respect
to a covered commodity for a crop year, means the amount determined by the
Secretary under section 1107(c)(4) to determine whether revenue loss coverage
payments are required to be provided for that crop year.
(2)
Base
acres
The term base
acres, with respect to a covered commodity and cotton on a farm, means
the number of acres established under section 1101 and 1302 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 7911, 7952) or section 1101
and 1302 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8711,
8752), as in effect on September 30, 2013, subject to any adjustment under
section 1105 of this Act. For purposes of making payments under subsections (b)
and (c) of section 1107, base acres are reduced by the payment acres calculated
in 1101(c).
(3)
County revenue
loss coverage trigger
The term county revenue loss coverage
trigger, with respect to a covered commodity for a crop year, means the
amount determined by the Secretary under section 1107(c)(5) to determine
whether revenue loss coverage payments are required to be provided for that
crop year.
(4)
Covered
commodity
The term
covered commodity means wheat, oats, and barley (including wheat,
oats, and barley used for haying and grazing), corn, grain sorghum, long grain
rice, medium grain rice, pulse crops, soybeans, other oilseeds, and
peanuts.
(5)
Effective
price
The term
effective price, with respect to a covered commodity for a crop
year, means the price calculated by the Secretary under section 1107(b)(2) to
determine whether price loss coverage payments are required to be provided for
that crop year.
(6)
Extra long
staple cotton
The term extra long staple cotton
means cotton that—
(A) is produced from
pure strain varieties of the Barbadense species or any hybrid of the species,
or other similar types of extra long staple cotton, designated by the
Secretary, having characteristics needed for various end uses for which United
States upland cotton is not suitable and grown in irrigated cotton-growing
regions of the United States designated by the Secretary or other areas
designated by the Secretary as suitable for the production of the varieties or
types; and
(B) is ginned on a
roller-type gin or, if authorized by the Secretary, ginned on another type gin
for experimental purposes.
(7)
Farm base
acres
The term farm base acres means the sum of the
base acreage for all covered commodities and cotton on a farm in effect as of
September 30, 2013, and subject to any adjustment under section 1105.
(8)
Medium grain
rice
The term medium grain rice includes short grain
rice.
(9)
Midseason
price
The term midseason price means the applicable
national average market price received by producers for the first 5 months of
the applicable marketing year, as determined by the Secretary.
(10)
Other
oilseed
The term other oilseed means a crop of
sunflower seed, rapeseed, canola, safflower, flaxseed, mustard seed, crambe,
sesame seed, or any oilseed designated by the Secretary.
(11)
Payment
acres
(A)
In
general
Except as provided in
subparagraphs (B) through (D), the term payment acres, with
respect to the provision of price loss coverage payments and revenue loss
coverage payments, means—
(i) 85
percent of total acres planted for the year to each covered commodity on a
farm; and
(ii) 30
percent of total acres approved as prevented from being planted for the year to
each covered commodity on a farm.
(B)
Maximum
The
total quantity of payment acres determined under subparagraph (A) shall not
exceed the farm base acres.
(C)
Reduction
If the sum of all payment acres for a farm
exceeds the limits established under subparagraph (B), the Secretary shall
reduce the payment acres applicable to each crop proportionately.
(D)
Exclusion
The term payment acres does
not include any crop subsequently planted during the same crop year on the same
land for which the first crop is eligible for payments under this subtitle,
unless the crop was approved for double cropping in the county, as determined
by the Secretary.
(12)
Payment
yield
The term payment yield means the yield
established for counter-cyclical payments under section 1102 or 1302 of the
Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7912, 7952), section
1102 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8712), as in
effect on September 30, 2013, or under section 1106 of this Act, for a farm for
a covered commodity.
(13)
Price loss
coverage
The term price loss coverage means coverage
provided under section 1107(b).
(14)
Producer
(A)
In
general
The term producer means an owner, operator,
landlord, tenant, or sharecropper that shares in the risk of producing a crop
and is entitled to share in the crop available for marketing from the farm, or
would have shared had the crop been produced.
(B)
Hybrid
seed
In determining whether a grower of hybrid seed is a
producer, the Secretary shall—
(i) not
take into consideration the existence of a hybrid seed contract; and
(ii) ensure that
program requirements do not adversely affect the ability of the grower to
receive a payment under this title.
(15)
Pulse
crop
The term pulse crop means dry peas, lentils,
small chickpeas, and large chickpeas.
(16)
Reference
price
The term reference price, with respect to a
covered commodity for a crop year, means the following:
(A) Wheat, $5.50 per
bushel.
(B) Corn, $3.70 per
bushel.
(C) Grain sorghum,
$3.95 per bushel.
(D) Barley, $4.95 per
bushel.
(E) Oats, $2.40 per
bushel.
(F) Long grain rice,
$14.00 per hundredweight.
(G) Medium grain rice,
$14.00 per hundredweight.
(H) Soybeans, $8.40
per bushel.
(I) Other oilseeds,
$20.15 per hundredweight.
(J) Peanuts $535.00
per ton.
(K) Dry peas, $11.00
per hundredweight.
(L) Lentils, $19.97
per hundredweight.
(M) Small chickpeas,
$19.04 per hundredweight.
(N) Large chickpeas,
$21.54 per hundredweight.
(17)
Revenue loss
coverage
The term revenue loss coverage means
coverage provided under section 1107(c).
(18)
Secretary
The
term Secretary means the Secretary of Agriculture.
(19)
State
The
term State means—
(A) a State;
(B) the District of
Columbia;
(C) the Commonwealth
of Puerto Rico; and
(D) any other
territory or possession of the United States.
(20)
Temperate
japonica rice
The term
temperate japonica rice means rice that is grown in high
altitudes or temperate regions of high latitudes with cooler climate
conditions, in the Western United States, as determined by the
Secretary.
(21)
Transitional
yield
The term
transitional yield has the meaning given the term in section
502(b) of the Federal Crop Insurance Act (7 U.S.C. 1502(b)).
(22)
United
States
The term United States, when used in a
geographical sense, means all of the States.
(23)
United States
premium factor
The term United States Premium Factor
means the percentage by which the difference in the United States loan schedule
premiums for Strict Middling (SM) 11/8-inch upland cotton
and for Middling (M) 13/32-inch upland cotton exceeds the
difference in the applicable premiums for comparable international
qualities.
1105.
Base
acres
(a)
Adjustment of
base acres
(1)
In
general
The Secretary shall provide for an adjustment, as
appropriate, in the base acres for covered commodities and cotton for a farm
whenever any of the following circumstances occurs:
(A) A conservation
reserve contract entered into under section 1231 of the Food Security Act of
1985 (16 U.S.C. 3831) with respect to the farm expires or is voluntarily
terminated.
(B) Cropland is
released from coverage under a conservation reserve contract by the
Secretary.
(C) The producer has
eligible oilseed acreage as the result of the Secretary designating additional
oilseeds, which shall be determined in the same manner as eligible oilseed
acreage under section 1101(a)(1)(D) of the Food, Conservation, and Energy Act
of 2008 (7 U.S.C. 8711(a)(1)(D)).
(2)
Special
conservation reserve acreage payment rules
For the crop year in which a base acres
adjustment under subparagraph (A) or (B) of paragraph (1) is first made, the
owner of the farm shall elect to receive price loss coverage or revenue loss
coverage with respect to the acreage added to the farm under this subsection or
a prorated payment under the conservation reserve contract, but not
both.
(b)
Prevention of
excess base acres
(1)
Required
reduction
If the sum of the base acres for a farm, together with
the acreage described in paragraph (2) exceeds the actual cropland acreage of
the farm, the Secretary shall reduce the base acres for 1 or more covered
commodities or cotton for the farm so that the sum of the base acres and
acreage described in paragraph (2) does not exceed the actual cropland acreage
of the farm.
(2)
Other
acreage
For purposes of paragraph (1), the Secretary shall
include the following:
(A) Any acreage on the
farm enrolled in the conservation reserve program or wetlands reserve program
(or successor programs) under chapter 1 of subtitle D of title XII of the Food
Security Act of 1985 (16 U.S.C. 3830 et seq.).
(B) Any other acreage
on the farm enrolled in a Federal conservation program for which payments are
made in exchange for not producing an agricultural commodity on the
acreage.
(C) If the Secretary
designates additional oilseeds, any eligible oilseed acreage, which shall be
determined in the same manner as eligible oilseed acreage under subsection
(a)(1)(C).
(3)
Selection of
acres
The Secretary shall give the owner of the farm the
opportunity to select the base acres for a covered commodity or cotton for the
farm against which the reduction required by paragraph (1) will be made.
(4)
Exception for
double-cropped acreage
In applying paragraph (1), the Secretary
shall make an exception in the case of double cropping, as determined by the
Secretary.
(c)
Reduction in
base acres
(1)
Reduction at
option of owner
(A)
In
general
The owner of a farm may reduce, at any time, the base
acres for any covered commodity or cotton for the farm.
(B)
Effect of
reduction
A reduction under subparagraph (A) shall be permanent
and made in a manner prescribed by the Secretary.
(2)
Required action
by Secretary
(A)
In
general
The Secretary shall proportionately reduce base acres on
a farm for covered commodities and cotton for land that has been subdivided and
developed for multiple residential units or other nonfarming uses if the size
of the tracts and the density of the subdivision is such that the land is
unlikely to return to the previous agricultural use, unless the producers on
the farm demonstrate that the land—
(i) remains devoted to
commercial agricultural production; or
(ii) is likely to be
returned to the previous agricultural use.
(B)
Requirement
The
Secretary shall establish procedures to identify land described in subparagraph
(A).
1106.
Payment
yields
(a)
Establishment
and purpose
For the purpose of making payments under this
subtitle, the Secretary shall provide for the establishment of a yield for each
farm for any designated oilseed for which a payment yield was not established
under section 1102 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C.
8712) in accordance with this section.
(b)
Payment yields
for designated oilseeds
(1)
Determination of
average yield
In the case of designated oilseeds, the Secretary
shall determine the average yield per planted acre for the designated oilseed
on a farm for the 1998 through 2001 crop years, excluding any crop year in
which the acreage planted to the designated oilseed was zero.
(2)
Adjustment for
payment yield
(A)
In
general
The payment yield for a farm for a designated oilseed
shall be equal to the product of the following:
(i) The
average yield for the designated oilseed determined under paragraph (1).
(ii) The
ratio resulting from dividing the national average yield for the designated
oilseed for the 1981 through 1985 crops by the national average yield for the
designated oilseed for the 1998 through 2001 crops.
(B)
No national
average yield information available
To the extent that national
average yield information for a designated oilseed is not available, the
Secretary shall use such information as the Secretary determines to be fair and
equitable to establish a national average yield under this section.
(3)
Use of county
average yield
If the yield per planted acre for a crop of a
designated oilseed for a farm for any of the 1998 through 2001 crop years was
less than 75 percent of the county yield for that designated oilseed, the
Secretary shall assign a yield for that crop year equal to 75 percent of the
county yield for the purpose of determining the average under paragraph
(1).
(4)
No historic
yield data available
In the case of establishing yields for
designated oilseeds, if historic yield data is not available, the Secretary
shall use the ratio for dry peas calculated under paragraph (2)(A)(ii) in
determining the yields for designated oilseeds, as determined to be fair and
equitable by the Secretary.
(c)
Effect of lack
of payment yield
(1)
Establishment by
secretary
If no payment yield
is otherwise established for a farm for which a covered commodity is planted
and eligible to receive price loss coverage payments, the Secretary shall
establish an appropriate payment yield for the covered commodity on the farm
under paragraph (2).
(2)
Use of similarly
situated farms
To establish
an appropriate payment yield for a covered commodity on a farm as required by
paragraph (1), the Secretary shall take into consideration the farm program
payment yields applicable to that covered commodity for similarly situated
farms. The use of such data in an appeal, by the Secretary or by the producer,
shall not be subject to any other provision of law.
(d)
Single
opportunity to update yields used to determine price loss coverage
payments
(1)
Election to
update
At the sole discretion
of the owner of a farm, the owner of a farm shall have a 1-time opportunity to
update the payment yields on a covered commodity-by-covered commodity basis
that would otherwise be used in calculating any price loss coverage payment for
covered commodities on the farm.
(2)
Time for
election
The election under paragraph (1) shall be made at a time
and manner to be in effect for the 2014 crop year as determined by the
Secretary.
(3)
Method of
updating yields
If the owner
of a farm elects to update yields under this subsection, the payment yield for
a covered commodity on the farm, for the purpose of calculating price loss
coverage payments only, shall be equal to 90 percent of the average of the
yield per planted acre for the crop of the covered commodity on the farm for
the 2008 through 2012 crop years, as determined by the Secretary, excluding any
crop year in which the acreage planted to the crop of the covered commodity was
zero.
(4)
Use of county
average yield
If the yield
per planted acre for a crop of the covered commodity for a farm for any of the
2008 through 2012 crop years was less than 75 percent of the average of the
2008 through 2012 county yield for that commodity, the Secretary shall assign a
yield for that crop year equal to 75 percent of the average of the 2008 through
2012 county yield for the purposes of determining the average yield under
paragraph (3).
(5)
Effect of lack
of payment yield
(A)
Establishment by
secretary
For purposes of
this subsection, if no payment yield is otherwise established for a covered
commodity on a farm, the Secretary shall establish an appropriate updated
payment yield for the covered commodity on the farm under subparagraph
(B).
(B)
Use of similarly
situated farms
To establish
an appropriate payment yield for a covered commodity on a farm as required by
subparagraph (A), the Secretary shall take into consideration the farm program
payment yields applicable to that covered commodity for similarly situated
farms. The use of such data in an appeal, by the Secretary or by the producer,
shall not be subject to any other provision of law.
1107.
Farm risk
management election
(a)
In
general
(1)
Payments
required
Except as provided
in paragraph (2), if the Secretary determines that payments are required under
subsection (b)(1) or (c)(2) for a covered commodity, the Secretary shall make
payments for that covered commodity available under such subsection to
producers on a farm pursuant to the terms and conditions of this
section.
(2)
Prohibition on
payments; exceptions
Notwithstanding any other provision of this
title, a producer on a farm may not receive price loss coverage payments or
revenue loss coverage payments if the sum of the planted acres of covered
commodities on the farm is 10 acres or less, as determined by the Secretary,
unless the producer is—
(A) a socially disadvantaged farmer or rancher
(as defined in section 355(e) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 2003(e))); or
(B) a limited resource
farmer or rancher, as defined by the Secretary.
(b)
Price loss
coverage
(1)
Payments
For each of the 2014 through 2018 crop
years, the Secretary shall make price loss coverage payments to producers on a
farm for a covered commodity if the Secretary determines that—
(A) the effective price for the covered
commodity for the crop year; is less than
(B) the reference
price for the covered commodity for the crop year.
(2)
Effective
price
The effective price for a covered commodity for a crop year
shall be the higher of—
(A) the midseason
price; or
(B) the national average loan rate for a
marketing assistance loan for the covered commodity in effect for crop years
2014 through 2018 under subtitle B.
(3)
Payment
rate
The payment rate shall be equal to the difference
between—
(A) the reference
price for the covered commodity; and
(B) the effective
price determined under paragraph (2) for the covered commodity.
(4)
Payment
amount
If price loss coverage
payments are required to be provided under this subsection for any of the 2014
through 2018 crop years for a covered commodity, the amount of the price loss
coverage payment to be paid to the producers on a farm for the crop year shall
be equal to the product obtained by multiplying—
(A) the payment rate
for the covered commodity under paragraph (3);
(B) the payment yield
for the covered commodity; and
(C) the payment acres
for the covered commodity.
(5)
Time for
payments
If the Secretary
determines under this subsection that price loss coverage payments are required
to be provided for the covered commodity, the payments shall be made beginning
October 1, or as soon as practicable thereafter, after the end of the
applicable marketing year for the covered commodity.
(6)
Special rule for
barley
In determining the
effective price for barley in paragraph (2), the Secretary shall use the
all-barley price.
(7)
Special rule for
temperate japonica rice
The
Secretary shall provide a reference price with respect to temperate japonica
rice in an amount equal to 115 percent of the amount established in
subparagraphs (F) and (G) of section 1104(16) in order to reflect price
premiums.
(c)
Revenue loss
coverage
(1)
Available as an
alternative
As an alternative
to receiving price loss coverage payments under subsection (b) for a covered
commodity, all of the owners of the farm may make a one-time, irrevocable
election on a covered commodity-by-covered commodity basis to receive revenue
loss coverage payments for each covered commodity in accordance with this
subsection. If any of the owners of the farm make different elections on the
same covered commodity on the farm, all of the owners of the farm shall be
deemed to have not made the election available under this paragraph.
(2)
Payments
In the case of owners of a farm that make
the election described in paragraph (1) for a covered commodity, the Secretary
shall make revenue loss coverage payments available under this subsection for
each of the 2014 through 2018 crop years if the Secretary determines
that—
(A) the actual county
revenue for the crop year for the covered commodity; is less than
(B) the county revenue loss coverage trigger
for the crop year for the covered commodity.
(3)
Time for
payments
If the Secretary
determines under this subsection that revenue loss coverage payments are
required to be provided for the covered commodity, payments shall be made
beginning October 1, or as soon as practicable thereafter, after the end of the
applicable marketing year for the covered commodity.
(4)
Actual county
revenue
The amount of the actual county revenue for a crop year
of a covered commodity shall be equal to the product obtained by
multiplying—
(A) the actual county
yield, as determined by the Secretary, for each planted acre for the crop year
for the covered commodity; and
(B) the higher
of—
(i) the
midseason price; or
(ii) the national average loan rate for a
marketing assistance loan for the covered commodity in effect for crop years
2014 through 2018 under subtitle B.
(5)
County revenue
loss coverage trigger
(A)
In
general
The county revenue
loss coverage trigger for a crop year for a covered commodity on a farm shall
equal 85 percent of the benchmark county revenue.
(B)
Benchmark county
revenue
(i)
In
general
The benchmark county
revenue shall be the product obtained by multiplying—
(I) subject to clause
(ii), the average historical county yield as determined by the Secretary for
the most recent 5 crop years, excluding each of the crop years with the highest
and lowest yields; and
(II) subject to clause
(iii), the average national marketing year average price for the most recent 5
crop years, excluding each of the crop years with the highest and lowest
prices.
(ii)
Yield
conditions
If the historical
county yield in clause (i)(I) for any of the 5 most recent crop years, as
determined by the Secretary, is less than 70 percent of the transitional yield,
as determined by the Secretary, the amounts used for any of those years in
clause (i)(I) shall be 70 percent of the transitional yield.
(iii)
Reference
price
If the national
marketing year average price in clause (i)(II) for any of the 5 most recent
crop years is lower than the reference price for the covered commodity, the
Secretary shall use the reference price for any of those years for the amounts
in clause (i)(II).
(6)
Payment
rate
The payment rate shall be equal to the lesser of—
(A) the difference
between—
(i) the county revenue loss coverage trigger
for the covered commodity; and
(ii) the
actual county revenue for the crop year for the covered commodity; or
(B) 10 percent of the
benchmark county revenue for the crop year for the covered commodity.
(7)
Payment
amount
If revenue loss
coverage payments under this subsection are required to be provided for any of
the 2014 through 2018 crop years of a covered commodity, the amount of the
revenue loss coverage payment to be provided to the producers on a farm for the
crop year shall be equal to the product obtained by multiplying—
(A) the payment rate
under paragraph (6); and
(B) the payment acres
of the covered commodity on the farm.
(8)
Duties of the
secretary
In providing
revenue loss coverage payments under this subsection, the Secretary—
(A) shall ensure that
producers on a farm do not reconstitute the farm of the producers to void or
change the election made under paragraph (1);
(B) to the maximum extent practicable, shall
use all available information and analysis, including data mining, to check for
anomalies in the provision of revenue loss coverage payments;
(C) to the maximum extent practicable, shall
calculate a separate county revenue loss coverage trigger for irrigated and
nonirrigated covered commodities and a separate actual county revenue for
irrigated and nonirrigated covered commodities;
(D) shall assign a
benchmark county yield for each planted acre for the crop year for the covered
commodity on the basis of the yield history of representative farms in the
State, region, or crop reporting district, as determined by the Secretary,
if—
(i) the
Secretary cannot establish the benchmark county yield for each planted acre for
a crop year for a covered commodity in the county in accordance with paragraph
(5); or
(ii) the
yield determined under paragraph (5) is an unrepresentative average yield for
the county (as determined by the Secretary); and
(E) to the maximum extent practicable, shall
ensure that in order to be eligible for a payment under this subsection, the
producers on the farm suffered an actual loss on the covered commodity for the
crop year for which payment is sought.
1108.
Producer
agreements
(a)
Compliance with
certain requirements
(1)
Requirements
Before the producers on a farm may receive
payments under this subtitle with respect to the farm, the producers shall
agree, during the crop year for which the payments are made and in exchange for
the payments—
(A) to comply with
applicable conservation requirements under subtitle B of title XII of the Food
Security Act of 1985 (16 U.S.C. 3811 et seq.);
(B) to comply with
applicable wetland protection requirements under subtitle C of title XII of
that Act (16 U.S.C. 3821 et seq.); and
(C) to effectively
control noxious weeds and otherwise maintain the land in accordance with sound
agricultural practices, as determined by the Secretary.
(2)
Compliance
The
Secretary may issue such rules as the Secretary considers necessary to ensure
producer compliance with the requirements of paragraph (1).
(3)
Modification
At
the request of the transferee or owner, the Secretary may modify the
requirements of this subsection if the modifications are consistent with the
objectives of this subsection, as determined by the Secretary.
(b)
Transfer or
change of interest in farm
(1)
Termination
(A)
In
general
Except as provided in
paragraph (2), a transfer of (or change in) the interest of the producers on a
farm for which payments under this subtitle are provided shall result in the
termination of the payments, unless the transferee or owner of the acreage
agrees to assume all obligations under subsection (a).
(B)
Effective
date
The termination shall take effect on the date determined by
the Secretary.
(2)
Exception
If a producer entitled to a payment under
this subtitle dies, becomes incompetent, or is otherwise unable to receive the
payment, the Secretary shall make the payment in accordance with rules issued
by the Secretary.
(c)
Acreage
reports
As a condition on the receipt of any benefits under this
subtitle or subtitle B, the Secretary shall require producers on a farm to
submit to the Secretary annual acreage reports with respect to all cropland on
the farm.
(d)
Tenants and
sharecroppers
In carrying out this subtitle, the Secretary shall
provide adequate safeguards to protect the interests of tenants and
sharecroppers.
(e)
Sharing of
payments
The Secretary shall
provide for the sharing of payments made under this subtitle among the
producers on a farm on a fair and equitable basis.
1109.
Period of
effectiveness
This subtitle
shall be effective beginning with the 2014 crop year of each covered commodity
through the 2018 crop year.
B
Marketing
loans
1201.
Availability
of nonrecourse marketing assistance loans for loan commodities
(a)
Definition of
loan commodity
In this subtitle, the term loan
commodity means wheat, corn, grain sorghum, barley, oats, upland cotton,
extra long staple cotton, long grain rice, medium grain rice, peanuts,
soybeans, other oilseeds, graded wool, nongraded wool, mohair, honey, dry peas,
lentils, small chickpeas, and large chickpeas.
(b)
Nonrecourse
loans available
(1)
In
general
For each of the 2014
through 2018 crops of each loan commodity, the Secretary shall make available
to producers on a farm nonrecourse marketing assistance loans for loan
commodities produced on the farm.
(2)
Terms and
conditions
The marketing assistance loans shall be made under
terms and conditions that are prescribed by the Secretary and at the loan rate
established under section 1202 for the loan commodity.
(c)
Eligible
production
The producers on a farm shall be eligible for a
marketing assistance loan under subsection (b) for any quantity of a loan
commodity produced on the farm.
(d)
Compliance with
conservation and wetlands requirements
As a condition of the
receipt of a marketing assistance loan under subsection (b), the producer shall
comply with applicable conservation requirements under subtitle B of title XII
of the Food Security Act of 1985 (16 U.S.C. 3811 et seq.) and applicable
wetland protection requirements under subtitle C of title XII of that Act (16
U.S.C. 3821 et seq.) during the term of the loan.
(e)
Special rules
for peanuts
(1)
In
general
This subsection shall apply only to producers of
peanuts.
(2)
Options for
obtaining loan
A marketing assistance loan under this section,
and loan deficiency payments under section 1205, may be obtained at the option
of the producers on a farm through—
(A) a designated
marketing association or marketing cooperative of producers that is approved by
the Secretary; or
(B) the Farm Service
Agency.
(3)
Storage of loan
peanuts
As a condition on the approval by the Secretary of an
individual or entity to provide storage for peanuts for which a marketing
assistance loan is made under this section, the individual or entity shall
agree—
(A) to provide the
storage on a nondiscriminatory basis; and
(B) to comply with
such additional requirements as the Secretary considers appropriate to
accomplish the purposes of this section and promote fairness in the
administration of the benefits of this section.
(4)
Storage,
handling, and associated costs
(A)
In
general
To ensure proper storage of peanuts for which a loan is
made under this section, the Secretary shall pay handling and other associated
costs (other than storage costs) incurred at the time at which the peanuts are
placed under loan, as determined by the Secretary.
(B)
Redemption and
forfeiture
The Secretary shall—
(i) require the
repayment of handling and other associated costs paid under subparagraph (A)
for all peanuts pledged as collateral for a loan that is redeemed under this
section; and
(ii) pay
storage, handling, and other associated costs for all peanuts pledged as
collateral that are forfeited under this section.
(5)
Marketing
A
marketing association or cooperative may market peanuts for which a loan is
made under this section in any manner that conforms to consumer needs,
including the separation of peanuts by type and quality.
(6)
Reimbursable
agreements and payment of administrative expenses
The Secretary
may implement any reimbursable agreements or provide for the payment of
administrative expenses under this subsection only in a manner that is
consistent with those activities in regard to other loan commodities.
1202.
Loan rates for
nonrecourse marketing assistance loans
(a)
In
general
For purposes of each
of the 2014 through 2018 crop years, the loan rate for a marketing assistance
loan under section 1201 for a loan commodity shall be equal to the
following:
(1) In the case of
wheat, $2.94 per bushel.
(2) In the case of
corn, $1.95 per bushel.
(3) In the case of
grain sorghum, $1.95 per bushel.
(4) In the case of
barley, $1.95 per bushel.
(5) In the case of
oats, $1.39 per bushel.
(6) In the case of
base quality of upland cotton, for the 2014 and each subsequent crop year, the
simple average of the adjusted prevailing world price for the 2 immediately
preceding marketing years, as determined by the Secretary and announced October
1 preceding the next domestic plantings, but in no case less than $0.47 per
pound or more than $0.52 per pound.
(7) In the case of
extra long staple cotton, $0.7977 per pound.
(8) In the case of
long grain rice, $6.50 per hundredweight.
(9) In the case of
medium grain rice, $6.50 per hundredweight.
(10) In the case of
soybeans, $5.00 per bushel.
(11) In the case of
other oilseeds, $10.09 per hundredweight for each of the following kinds of
oilseeds:
(A) Sunflower
seed.
(B) Rapeseed.
(C) Canola.
(D) Safflower.
(E) Flaxseed.
(F) Mustard
seed.
(G) Crambe.
(H) Sesame
seed.
(I) Other oilseeds
designated by the Secretary.
(12) In the case of
dry peas, $5.40 per hundredweight.
(13) In the case of
lentils, $11.28 per hundredweight.
(14) In the case of
small chickpeas, $7.43 per hundredweight.
(15) In the case of
large chickpeas, $11.28 per hundredweight.
(16) In the case of
graded wool, $1.15 per pound.
(17) In the case of
nongraded wool, $0.40 per pound.
(18) In the case of
mohair, $4.20 per pound.
(19) In the case of
honey, $0.69 per pound.
(20) In the case of
peanuts, $355 per ton.
(b)
Single county
loan rate for other oilseeds
The Secretary shall establish a
single loan rate in each county for each kind of other oilseeds described in
subsection (a)(11).
1203.
Term of
loans
(a)
Term of
loan
In the case of each loan commodity, a marketing assistance
loan under section 1201 shall have a term of 9 months beginning on the first
day of the first month after the month in which the loan is made.
(b)
Extensions
prohibited
The Secretary may not extend the term of a marketing
assistance loan for any loan commodity.
1204.
Repayment of
loans
(a)
General
rule
The Secretary shall permit the producers on a farm to repay
a marketing assistance loan under section 1201 for a loan commodity (other than
upland cotton, long grain rice, medium grain rice, extra long staple cotton,
peanuts and confectionery and each other kind of sunflower seed (other than oil
sunflower seed)) at a rate that is the lesser of—
(1) the loan rate
established for the commodity under section 1202, plus interest (determined in
accordance with section 163 of the Federal Agriculture Improvement and Reform
Act of 1996 (7 U.S.C. 7283));
(2) a
rate (as determined by the Secretary) that—
(A) is calculated
based on average market prices for the loan commodity during the preceding
30-day period; and
(B) will minimize
discrepancies in marketing loan benefits across State boundaries and across
county boundaries; or
(3) a
rate that the Secretary may develop using alternative methods for calculating a
repayment rate for a loan commodity that the Secretary determines will—
(A) minimize potential
loan forfeitures;
(B) minimize the
accumulation of stocks of the commodity by the Federal Government;
(C) minimize the cost
incurred by the Federal Government in storing the commodity;
(D) allow the
commodity produced in the United States to be marketed freely and
competitively, both domestically and internationally; and
(E) minimize
discrepancies in marketing loan benefits across State boundaries and across
county boundaries.
(b)
Repayment rates
for upland cotton, long grain rice, and medium grain rice
The
Secretary shall permit producers to repay a marketing assistance loan under
section 1201 for upland cotton, long grain rice, and medium grain rice at a
rate that is the lesser of—
(1) the loan rate
established for the commodity under section 1202, plus interest (determined in
accordance with section 163 of the Federal Agriculture Improvement and Reform
Act of 1996 (7 U.S.C. 7283)); or
(2) the prevailing
world market price for the commodity, as determined and adjusted by the
Secretary in accordance with this section.
(c)
Repayment rates
for extra long staple cotton
Repayment of a marketing assistance
loan for extra long staple cotton shall be at the loan rate established for the
commodity under section 1202, plus interest (determined in accordance with
section 163 of the Federal Agriculture Improvement and Reform Act of 1996 (7
U.S.C. 7283)).
(d)
Prevailing world
market price
For purposes of this section and section 1207, the
Secretary shall prescribe by regulation—
(1) a
formula to determine the prevailing world market price for each of upland
cotton, long grain rice, and medium grain rice; and
(2) a
mechanism by which the Secretary shall announce periodically those prevailing
world market prices.
(e)
Adjustment of
prevailing world market price for upland cotton, long grain rice, and medium
grain rice
(1)
Rice
The
prevailing world market price for long grain rice and medium grain rice
determined under subsection (d) shall be adjusted to United States quality and
location.
(2)
Cotton
The
prevailing world market price for upland cotton determined under subsection
(d)—
(A) shall be adjusted
to United States quality and location, with the adjustment to include—
(i) a
reduction equal to any United States Premium Factor for upland cotton of a
quality higher than Middling (M) 13/32-inch; and
(ii) the
average costs to market the commodity, including average transportation costs,
as determined by the Secretary; and
(B) may be further
adjusted, during the period beginning on the date of enactment of this Act and
ending on July 31, 2019, if the Secretary determines the adjustment is
necessary—
(i) to
minimize potential loan forfeitures;
(ii) to
minimize the accumulation of stocks of upland cotton by the Federal
Government;
(iii) to
ensure that upland cotton produced in the United States can be marketed freely
and competitively, both domestically and internationally; and
(iv) to
ensure an appropriate transition between current-crop and forward-crop price
quotations, except that the Secretary may use forward-crop price quotations
prior to July 31 of a marketing year only if—
(I) there are
insufficient current-crop price quotations; and
(II) the forward-crop
price quotation is the lowest such quotation available.
(3)
Guidelines for
additional adjustments
In making adjustments under this
subsection, the Secretary shall establish a mechanism for determining and
announcing the adjustments in order to avoid undue disruption in the United
States market.
(f)
Repayment rates
for confectionery and other kinds of sunflower seeds
The
Secretary shall permit the producers on a farm to repay a marketing assistance
loan under section 1201 for confectionery and each other kind of sunflower seed
(other than oil sunflower seed) at a rate that is the lesser of—
(1) the loan rate
established for the commodity under section 1202, plus interest (determined in
accordance with section 163 of the Federal Agriculture Improvement and Reform
Act of 1996 (7 U.S.C. 7283)); or
(2) the repayment rate
established for oil sunflower seed.
(g)
Payment of
cotton storage costs
Effective for each of the 2014 through 2018
crop years, the Secretary shall make cotton storage payments available in the
same manner, and at the same rates as the Secretary provided storage payments
for the 2006 crop of cotton, except that the rates shall be reduced by 10
percent.
(h)
Repayment rate
for peanuts
The Secretary shall permit producers on a farm to
repay a marketing assistance loan for peanuts under section 1201 at a rate that
is the lesser of—
(1) the loan rate
established for peanuts under section 1202(a)(20), plus interest (determined in
accordance with section 163 of the Federal Agriculture Improvement and Reform
Act of 1996 (7 U.S.C. 7283)); or
(2) a
rate that the Secretary determines will—
(A) minimize potential
loan forfeitures;
(B) minimize the
accumulation of stocks of peanuts by the Federal Government;
(C) minimize the cost
incurred by the Federal Government in storing peanuts; and
(D) allow peanuts
produced in the United States to be marketed freely and competitively, both
domestically and internationally.
(i)
Authority to
temporarily adjust repayment rates
(1)
Adjustment
authority
In the event of a severe disruption to marketing,
transportation, or related infrastructure, the Secretary may modify the
repayment rate otherwise applicable under this section for marketing assistance
loans under section 1201 for a loan commodity.
(2)
Duration
Any
adjustment made under paragraph (1) in the repayment rate for marketing
assistance loans for a loan commodity shall be in effect on a short-term and
temporary basis, as determined by the Secretary.
1205.
Loan
deficiency payments
(a)
Availability of
loan deficiency payments
(1)
In
general
Except as provided in subsection (d), the Secretary may
make loan deficiency payments available to producers on a farm that, although
eligible to obtain a marketing assistance loan under section 1201 with respect
to a loan commodity, agree to forgo obtaining the loan for the commodity in
return for loan deficiency payments under this section.
(2)
Unshorn pelts,
hay, and silage
(A)
Marketing
assistance loans
Subject to subparagraph (B), nongraded wool in
the form of unshorn pelts and hay and silage derived from a loan commodity are
not eligible for a marketing assistance loan under section 1201.
(B)
Loan deficiency
payment
Effective for the
2014 through 2018 crop years, the Secretary may make loan deficiency payments
available under this section to producers on a farm that produce unshorn pelts
or hay and silage derived from a loan commodity.
(b)
Computation
A
loan deficiency payment for a loan commodity or commodity referred to in
subsection (a)(2) shall be equal to the product obtained by multiplying—
(1) the payment rate
determined under subsection (c) for the commodity; by
(2) the quantity of
the commodity produced by the eligible producers, excluding any quantity for
which the producers obtain a marketing assistance loan under section
1201.
(c)
Payment
rate
(1)
In
general
In the case of a loan commodity, the payment rate shall
be the amount by which—
(A) the loan rate
established under section 1202 for the loan commodity; exceeds
(B) the rate at which
a marketing assistance loan for the loan commodity may be repaid under section
1204.
(2)
Unshorn
pelts
In the case of unshorn pelts, the payment rate shall be the
amount by which—
(A) the loan rate
established under section 1202 for ungraded wool; exceeds
(B) the rate at which
a marketing assistance loan for ungraded wool may be repaid under section
1204.
(3)
Hay and
silage
In the case of hay or silage derived from a loan
commodity, the payment rate shall be the amount by which—
(A) the loan rate
established under section 1202 for the loan commodity from which the hay or
silage is derived; exceeds
(B) the rate at which
a marketing assistance loan for the loan commodity may be repaid under section
1204.
(d)
Exception for
extra long staple cotton
This section shall not apply with
respect to extra long staple cotton.
(e)
Effective date
for payment rate determination
The Secretary shall determine the
amount of the loan deficiency payment to be made under this section to the
producers on a farm with respect to a quantity of a loan commodity or commodity
referred to in subsection (a)(2) using the payment rate in effect under
subsection (c) as of the date the producers request the payment.
1206.
Payments in
lieu of loan deficiency payments for grazed acreage
(a)
Eligible
producers
(1)
In
general
Effective for the
2014 through 2018 crop years, in the case of a producer that would be eligible
for a loan deficiency payment under section 1205 for wheat, barley, or oats,
but that elects to use acreage planted to the wheat, barley, or oats for the
grazing of livestock, the Secretary shall make a payment to the producer under
this section if the producer enters into an agreement with the Secretary to
forgo any other harvesting of the wheat, barley, or oats on that
acreage.
(2)
Grazing of
triticale acreage
Effective
for the 2014 through 2018 crop years, with respect to a producer on a farm that
uses acreage planted to triticale for the grazing of livestock, the Secretary
shall make a payment to the producer under this section if the producer enters
into an agreement with the Secretary to forgo any other harvesting of triticale
on that acreage.
(b)
Payment
amount
(1)
In
general
The amount of a payment made under this section to a
producer on a farm described in subsection (a)(1) shall be equal to the amount
determined by multiplying—
(A) the loan
deficiency payment rate determined under section 1205(c) in effect, as of the
date of the agreement, for the county in which the farm is located; by
(B) the payment
quantity determined by multiplying—
(i) the
quantity of the grazed acreage on the farm with respect to which the producer
elects to forgo harvesting of wheat, barley, or oats; and
(ii)
(I) the payment yield in effect for the
calculation of price loss coverage under subtitle A with respect to that loan
commodity on the farm; or
(II) in the case of a farm without a payment
yield for that loan commodity, an appropriate yield established by the
Secretary in a manner consistent with section 1106(c) of this Act.
(2)
Grazing of
triticale acreage
The amount of a payment made under this section
to a producer on a farm described in subsection (a)(2) shall be equal to the
amount determined by multiplying—
(A) the loan
deficiency payment rate determined under section 1205(c) in effect for wheat,
as of the date of the agreement, for the county in which the farm is located;
by
(B) the payment
quantity determined by multiplying—
(i) the
quantity of the grazed acreage on the farm with respect to which the producer
elects to forgo harvesting of triticale; and
(ii)
(I) the payment yield in effect for the
calculation of price loss coverage under subtitle A with respect to wheat on
the farm; or
(II) in the case of a farm without a payment
yield for wheat, an appropriate yield established by the Secretary in a manner
consistent with section 1106(c) of this Act.
(c)
Time, manner,
and availability of payment
(1)
Time and
manner
A payment under this section shall be made at the same
time and in the same manner as loan deficiency payments are made under section
1205.
(2)
Availability
(A)
In
general
The Secretary shall establish an availability period for
the payments authorized by this section.
(B)
Certain
commodities
In the case of wheat, barley, and oats, the
availability period shall be consistent with the availability period for the
commodity established by the Secretary for marketing assistance loans
authorized by this subtitle.
(d)
Prohibition on
crop insurance indemnity or noninsured crop assistance
A 2014 through 2018 crop of wheat, barley,
oats, or triticale planted on acreage that a producer elects, in the agreement
required by subsection (a), to use for the grazing of livestock in lieu of any
other harvesting of the crop shall not be eligible for an indemnity under a
policy or plan of insurance authorized under the Federal Crop Insurance Act (7
U.S.C. 1501 et seq.) or noninsured crop assistance under section 196 of the
Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333).
1207.
Special
marketing loan provisions for upland cotton
(a)
Special import
quota
(1)
Definition of
special import quota
In this subsection, the term special
import quota means a quantity of imports that is not subject to the
over-quota tariff rate of a tariff-rate quota.
(2)
Establishment
(A)
In
general
The President shall carry out an import quota program
during the period beginning on August 1, 2014, and ending on July 31, 2019, as
provided in this subsection.
(B)
Program
requirements
Whenever the Secretary determines and announces that
for any consecutive 4-week period, the Friday through Thursday average price
quotation for the lowest-priced United States growth, as quoted for Middling
(M) 13/32-inch cotton, delivered to a definable and
significant international market, as determined by the Secretary, exceeds the
prevailing world market price, there shall immediately be in effect a special
import quota.
(3)
Quantity
The quota shall be equal to the consumption
during a 1-week period of cotton by domestic mills at the seasonally adjusted
average rate of the most recent 3 months for which official data of the
Department of Agriculture are available or, in the absence of sufficient data,
as estimated by the Secretary.
(4)
Application
The
quota shall apply to upland cotton purchased not later than 90 days after the
date of the Secretary’s announcement under paragraph (2) and entered into the
United States not later than 180 days after that date.
(5)
Overlap
A
special quota period may be established that overlaps any existing quota period
if required by paragraph (2), except that a special quota period may not be
established under this subsection if a quota period has been established under
subsection (b).
(6)
Preferential
tariff treatment
The quantity under a special import quota shall
be considered to be an in-quota quantity for purposes of—
(A) section 213(d) of
the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703(d));
(B) section 204 of the
Andean Trade Preference Act (19 U.S.C. 3203);
(C) section 503(d) of
the Trade Act of 1974 (19 U.S.C. 2463(d)); and
(D) General Note
3(a)(iv) to the Harmonized Tariff Schedule.
(7)
Limitation
The
quantity of cotton entered into the United States during any marketing year
under the special import quota established under this subsection may not exceed
the equivalent of 10 week’s consumption of upland cotton by domestic mills at
the seasonally adjusted average rate of the 3 months immediately preceding the
first special import quota established in any marketing year.
(b)
Limited global
import quota for upland cotton
(1)
Definitions
In
this subsection:
(A)
Demand
The
term demand means—
(i) the average seasonally adjusted annual rate
of domestic mill consumption of cotton during the most recent 3 months for
which official data of the Department of Agriculture are available or, in the
absence of sufficient data, as estimated by the Secretary; and
(ii) the
larger of—
(I) average exports of
upland cotton during the preceding 6 marketing years; or
(II) cumulative
exports of upland cotton plus outstanding export sales for the marketing year
in which the quota is established.
(B)
Limited global
import quota
The term limited global import quota
means a quantity of imports that is not subject to the over-quota tariff rate
of a tariff-rate quota.
(C)
Supply
The
term supply means, using the latest official data of the
Department of Agriculture—
(i) the
carry-over of upland cotton at the beginning of the marketing year (adjusted to
480-pound bales) in which the quota is established;
(ii) production of the
current crop; and
(iii) imports to the
latest date available during the marketing year.
(2)
Program
The
President shall carry out an import quota program that provides that whenever
the Secretary determines and announces that the average price of the base
quality of upland cotton, as determined by the Secretary, in the designated
spot markets for a month exceeded 130 percent of the average price of the
quality of cotton in the markets for the preceding 36 months, notwithstanding
any other provision of law, there shall immediately be in effect a limited
global import quota subject to the following conditions:
(A)
Quantity
The quantity of the quota shall be equal to
21 days of domestic mill consumption of upland cotton at the seasonally
adjusted average rate of the most recent 3 months for which official data of
the Department of Agriculture are available or, in the absence of sufficient
data, as estimated by the Secretary.
(B)
Quantity if
prior quota
If a quota has been established under this subsection
during the preceding 12 months, the quantity of the quota next established
under this subsection shall be the smaller of 21 days of domestic mill
consumption calculated under subparagraph (A) or the quantity required to
increase the supply to 130 percent of the demand.
(C)
Preferential
tariff treatment
The quantity under a limited global import quota
shall be considered to be an in-quota quantity for purposes of—
(i) section 213(d) of
the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703(d));
(ii) section 204 of
the Andean Trade Preference Act (19 U.S.C. 3203);
(iii) section 503(d)
of the Trade Act of 1974 (19 U.S.C. 2463(d)); and
(iv) General Note
3(a)(iv) to the Harmonized Tariff Schedule.
(D)
Quota entry
period
When a quota is established under this subsection, cotton
may be entered under the quota during the 90-day period beginning on the date
the quota is established by the Secretary.
(3)
No
overlap
Notwithstanding paragraph (2), a quota period may not be
established that overlaps an existing quota period or a special quota period
established under subsection (a).
(c)
Economic
adjustment assistance to users of upland cotton
(1)
In
general
Subject to paragraph (2), the Secretary shall, on a
monthly basis, make economic adjustment assistance available to domestic users
of upland cotton in the form of payments for all documented use of that upland
cotton during the previous monthly period regardless of the origin of the
upland cotton.
(2)
Value of
assistance
Effective beginning on August 1, 2013, the value of
the assistance provided under paragraph (1) shall be 3 cents per pound.
(3)
Allowable
purposes
Economic adjustment assistance under this subsection
shall be made available only to domestic users of upland cotton that certify
that the assistance shall be used only to acquire, construct, install,
modernize, develop, convert, or expand land, plant, buildings, equipment,
facilities, or machinery.
(4)
Review or
audit
The Secretary may conduct such review or audit of the
records of a domestic user under this subsection as the Secretary determines
necessary to carry out this subsection.
(5)
Improper use of
assistance
If the Secretary determines, after a review or audit
of the records of the domestic user, that economic adjustment assistance under
this subsection was not used for the purposes specified in paragraph (3), the
domestic user shall be—
(A) liable for the
repayment of the assistance to the Secretary, plus interest, as determined by
the Secretary; and
(B) ineligible to
receive assistance under this subsection for a period of 1 year following the
determination of the Secretary.
1208.
Special
competitive provisions for extra long staple cotton
(a)
Competitiveness
program
Notwithstanding any other provision of law, during the
period beginning on the date of enactment of this Act through July 31, 2019,
the Secretary shall carry out a program—
(1) to maintain and
expand the domestic use of extra long staple cotton produced in the United
States;
(2) to increase
exports of extra long staple cotton produced in the United States; and
(3) to ensure that
extra long staple cotton produced in the United States remains competitive in
world markets.
(b)
Payments under
program; trigger
Under the program, the Secretary shall make
payments available under this section whenever—
(1) for a consecutive
4-week period, the world market price for the lowest priced competing growth of
extra long staple cotton (adjusted to United States quality and location and
for other factors affecting the competitiveness of such cotton), as determined
by the Secretary, is below the prevailing United States price for a competing
growth of extra long staple cotton; and
(2) the lowest priced
competing growth of extra long staple cotton (adjusted to United States quality
and location and for other factors affecting the competitiveness of such
cotton), as determined by the Secretary, is less than 134 percent of the loan
rate for extra long staple cotton.
(c)
Eligible
recipients
The Secretary shall make payments available under this
section to domestic users of extra long staple cotton produced in the United
States and exporters of extra long staple cotton produced in the United States
that enter into an agreement with the Commodity Credit Corporation to
participate in the program under this section.
(d)
Payment
amount
Payments under this section shall be based on the amount
of the difference in the prices referred to in subsection (b)(1) during the
fourth week of the consecutive 4-week period multiplied by the amount of
documented purchases by domestic users and sales for export by exporters made
in the week following such a consecutive 4-week period.
1209.
Availability
of recourse loans for high moisture feed grains and seed cotton
(a)
High moisture
feed grains
(1)
Definition of
high moisture state
In this subsection, the term high
moisture state means corn or grain sorghum having a moisture content in
excess of Commodity Credit Corporation standards for marketing assistance loans
made by the Secretary under section 1201.
(2)
Recourse loans
available
For each of the
2014 through 2018 crops of corn and grain sorghum, the Secretary shall make
available recourse loans, as determined by the Secretary, to producers on a
farm that—
(A) normally harvest
all or a portion of their crop of corn or grain sorghum in a high moisture
state;
(B) present—
(i) certified scale
tickets from an inspected, certified commercial scale, including a licensed
warehouse, feedlot, feed mill, distillery, or other similar entity approved by
the Secretary, pursuant to regulations issued by the Secretary; or
(ii) field or other
physical measurements of the standing or stored crop in regions of the United
States, as determined by the Secretary, that do not have certified commercial
scales from which certified scale tickets may be obtained within reasonable
proximity of harvest operation;
(C) certify that the
producers on the farm were the owners of the feed grain at the time of delivery
to, and that the quantity to be placed under loan under this subsection was in
fact harvested on the farm and delivered to, a feedlot, feed mill, or
commercial or on-farm high-moisture storage facility, or to a facility
maintained by the users of corn and grain sorghum in a high moisture state;
and
(D) comply with
deadlines established by the Secretary for harvesting the corn or grain sorghum
and submit applications for loans under this subsection within deadlines
established by the Secretary.
(3)
Eligibility of
acquired feed grains
A loan under this subsection shall be made
on a quantity of corn or grain sorghum of the same crop acquired by the
producer equivalent to a quantity determined by multiplying—
(A) the acreage of the
corn or grain sorghum in a high moisture state harvested on the farm of the
producer; by
(B) the lower of the
farm program payment yield used to make payments under subtitle A or the actual
yield on a field, as determined by the Secretary, that is similar to the field
from which the corn or grain sorghum was obtained.
(b)
Recourse loans
available for seed cotton
For
each of the 2014 through 2018 crops of upland cotton and extra long staple
cotton, the Secretary shall make available recourse seed cotton loans, as
determined by the Secretary, on any production.
(c)
Repayment
rates
Repayment of a recourse loan made under this section shall
be at the loan rate established for the commodity by the Secretary, plus
interest (determined in accordance with section 163 of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7283)).
1210.
Adjustments of
loans
(a)
Adjustment
authority
Subject to subsection (e), the Secretary may make
appropriate adjustments in the loan rates for any loan commodity (other than
cotton) for differences in grade, type, quality, location, and other
factors.
(b)
Manner of
adjustment
The adjustments under subsection (a) shall, to the
maximum extent practicable, be made in such a manner that the average loan
level for the commodity will, on the basis of the anticipated incidence of the
factors, be equal to the level of support determined in accordance with this
subtitle and subtitle C.
(c)
Adjustment on
county basis
(1)
In
general
The Secretary may establish loan rates for a crop for
producers in individual counties in a manner that results in the lowest loan
rate being 95 percent of the national average loan rate, if those loan rates do
not result in an increase in outlays.
(2)
Prohibition
Adjustments
under this subsection shall not result in an increase in the national average
loan rate for any year.
(d)
Adjustment in
loan rate for cotton
(1)
In
general
The Secretary may make appropriate adjustments in the
loan rate for cotton for differences in quality factors.
(2)
Types of
adjustments
Loan rate
adjustments under paragraph (1) may include—
(A) the use of
non-spot market price data, in addition to spot market price data, that would
enhance the accuracy of the price information used in determining quality
adjustments under this subsection;
(B) adjustments in the
premiums or discounts associated with upland cotton with a staple length of 33
or above due to micronaire with the goal of eliminating any unnecessary
artificial splits in the calculations of the premiums or discounts; and
(C) such other
adjustments as the Secretary determines appropriate, after consultations
conducted in accordance with paragraph (3).
(3)
Consultation
with private sector
(A)
Prior to
revision
In making adjustments to the loan rate for cotton
(including any review of the adjustments) as provided in this subsection, the
Secretary shall consult with representatives of the United States cotton
industry.
(B)
Inapplicability
of Federal Advisory Committee Act
The Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to consultations under this
subsection.
(4)
Review of
adjustments
The Secretary may
review the operation of the upland cotton quality adjustments implemented
pursuant to this subsection and may make further adjustments to the
administration of the loan program for upland cotton, by revoking or revising
any adjustment taken under paragraph (2).
(e)
Rice
The
Secretary shall not make adjustments in the loan rates for long grain rice and
medium grain rice, except for differences in grade and quality (including
milling yields).
C
Sugar
1301.
Sugar
program
(a)
Continuation of
current program and loan rates
(1)
Sugarcane
Section
156(a)(5) of the Federal Agriculture Improvement and Reform Act of 1996 (7
U.S.C. 7272(a)(5)) is amended by striking the 2012 crop year and
inserting each of the 2012 through 2018 crop years.
(2)
Sugar
beets
Section 156(b)(2) of the Federal Agriculture Improvement
and Reform Act of 1996 (7 U.S.C. 7272(b)(2)) is amended by striking
2012 and inserting 2018.
(3)
Effective
period
Section 156(i) of the Federal Agriculture Improvement and
Reform Act of 1996 (7 U.S.C. 7272(i)) is amended by striking
2012 and inserting 2018.
(b)
Flexible
marketing allotments for sugar
(1)
Sugar
estimates
Section 359b(a)(1) of the Agricultural Adjustment Act
of 1938 (7 U.S.C. 1359bb(a)(1)) is amended by striking 2012 and
inserting 2018.
(2)
Effective
period
Section 359l(a) of the Agricultural Adjustment Act of 1938
(7 U.S.C. 1359ll(a)) is amended by striking 2012 and inserting
2018.
D
Dairy
I
Dairy
producer margin protection and dairy market stabilization programs
1401.
Definitions
In this part:
(1)
Actual dairy
producer margin
The term actual dairy producer
margin means the difference between the all-milk price and the average
feed cost, as calculated under section 1402.
(2)
All-milk
price
The term all-milk price means the average
price received, per hundredweight of milk, by dairy producers for all milk sold
to plants and dealers in the United States, as determined by the
Secretary.
(3)
Annual
production history
The term annual production
history means the production history determined for a participating
dairy producer under section 1413(b) whenever the dairy producer purchases
supplemental margin protection.
(4)
Average feed
cost
The term average feed cost means the average
cost of feed used by a dairy operation to produce a hundredweight of milk,
determined under section 1402 using the sum of the following:
(A) The product
determined by multiplying 1.0728 by the price of corn per bushel.
(B) The product
determined by multiplying 0.00735 by the price of soybean meal per ton.
(C) The product
determined by multiplying 0.0137 by the price of alfalfa hay per ton.
(5)
Basic production
history
The term basic production history means the
production history determined for a participating dairy producer under section
1413(a) for provision of basic margin protection.
(6)
Consecutive
two-month period
The term consecutive two-month
period refers to the two-month period consisting of the months of
January and February, March and April, May and June, July and August, September
and October, or November and December, respectively.
(7)
Dairy
producer
(A)
In
general
Subject to subparagraph (B), the term dairy
producer means an individual or entity that directly or indirectly (as
determined by the Secretary)—
(i) shares in the risk
of producing milk; and
(ii) makes
contributions (including land, labor, management, equipment, or capital) to the
dairy operation of the individual or entity that are at least commensurate with
the share of the individual or entity of the proceeds of the operation.
(B)
Additional
ownership structures
The Secretary shall determine additional
ownership structures to be covered by the definition of dairy producer.
(8)
Handler
(A)
In
general
The term handler means the initial
individual or entity making payment to a dairy producer for milk produced in
the United States and marketed for commercial use.
(B)
Producer-handler
The
term includes a producer-handler when the producer satisfies the
definition in subparagraph (A).
(9)
Margin
protection program
The term margin protection
program means the dairy producer margin protection program required by
subpart A.
(10)
Participating
dairy producer
The term participating dairy producer
means a dairy producer that—
(A) signs up under
section 1412 to participate in the margin protection program under subpart A;
and
(B) as a result, also
participates in the stabilization program under subpart B.
(11)
Stabilization
program
The term stabilization program means the
dairy market stabilization program required by subpart B for all participating
dairy producers.
(12)
Stabilization
program base
The term stabilization program base,
with respect to a participating dairy producer, means the stabilization program
base calculated for the producer under section 1431(b).
(13)
United
States
The term United States, in a geographical
sense, means the 50 States, the District of Columbia, American Samoa, Guam, the
Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico,
the Virgin Islands of the United States, and any other territory or possession
of the United States.
1402.
Calculation of
average feed cost and actual dairy producer margins
(a)
Calculation of
average feed cost
The Secretary shall calculate the national
average feed cost for each month using the following data:
(1) The price of corn
for a month shall be the price received during that month by farmers in the
United States for corn, as reported in the monthly Agricultural Prices report
by the Secretary.
(2) The price of soybean meal for a month shall
be the central Illinois price for soybean meal, as reported in the Market
News-Monthly Soybean Meal Price Report by the Secretary.
(3) The price of alfalfa hay for a month shall
be the price received during that month by farmers in the United States for
alfalfa hay, as reported in the monthly Agricultural Prices report by the
Secretary.
(b)
Calculation of
actual dairy producer margins
(1)
Margin
protection program
For use in the margin protection program under
subpart A, the Secretary shall calculate the actual dairy producer margin for
each consecutive two-month period by subtracting—
(A) the average feed
cost for that consecutive two-month period, determined in accordance with
subsection (a); from
(B) the all-milk price
for that consecutive two-month period.
(2)
Stabilization
program
For use in the stabilization program under subpart B, the
Secretary shall calculate each month the actual dairy producer margin for the
preceding month by subtracting—
(A) the average feed
cost for that preceding month, determined in accordance with subsection (a);
from
(B) the all-milk price
for that preceding month.
(3)
Time for
calculations
The calculations
required by paragraphs (1) and (2) shall be made as soon as practicable each
month using the full month price of the applicable reference month, but in no
case shall the calculation be made later than the last business day of the
month.
A
Dairy producer
margin protection program
1411.
Establishment
of dairy producer margin protection program
The Secretary shall establish and administer
a dairy producer margin protection program for the purpose of protecting dairy
producer income by paying participating dairy producers—
(1) basic margin
protection payments when actual dairy producer margins are less than the
threshold levels for such payments; and
(2) supplemental
margin protection payments if purchased by a participating dairy
producer.
1412.
Participation
of dairy producers in margin protection program
(a)
Eligibility
All dairy producers in the United States
are eligible to participate in the margin protection program, except that a
dairy producer must sign up with the Secretary before the producer may
receive—
(1) basic margin
protection payments under section 1414; and
(2) if the dairy producer purchases
supplemental margin protection under section 1415, supplemental margin
protection payments under such section.
(b)
Sign-up
process
(1)
In
General
The Secretary shall
allow all interested dairy producers to sign up to participate in the margin
protection program. The Secretary shall specify the manner and form by which a
dairy producer must sign up to participate in the margin protection
program.
(2)
Treatment of
Multi-Producer Operations
If a dairy operation consists of more
than one dairy producer, all of the dairy producers of the operation shall be
treated as a single dairy producer for purposes of—
(A) registration to
receive basic margin protection and purchase supplemental margin
protection;
(B) payment of the
administrative fee under subsection (e) and producer premiums under section
1415; and
(C) participation in
the stabilization program under subpart B.
(3)
Treatment of
Producers with Multiple Dairy Operations
If a dairy producer
operates two or more dairy operations, each dairy operation of the producer
shall require a separate registration to receive basic margin protection and
purchase supplemental margin protection. Only those dairy operations so
registered shall be subject to the stabilization program.
(c)
Time for sign
up
(1)
Existing Dairy
Producers
During the one-year
period beginning on the date of the initiation of the sign-up period for the
margin protection program, a dairy producer that is actively engaged in a dairy
operation as of such date may sign up with the Secretary—
(A) to receive basic
margin protection; and
(B) if the producer
elects, to purchase supplemental margin protection.
(2)
New
Entrants
A dairy producer
that has no existing interest in a dairy operation as of the date of the
initiation of the sign-up period for the margin protection program, but that,
after such date, establishes a new dairy operation, may sign up with the
Secretary during the one year period beginning on the date on which the dairy
operation first markets milk commercially—
(A) to receive basic
margin protection; and
(B) if the producer
elects, to purchase supplemental margin protection.
(d)
Retroactivity
provision
(1)
Notice of
availability of retroactive protection
Not later than 30 days after the effective
date of this subtitle, the Secretary shall publish a notice in the Federal
Register to inform dairy producers of the availability of retroactive basic
margin protection and retroactive supplemental margin protection, subject to
the condition that interested producers must file a notice of intent (in such
form and manner as the Secretary specifies in the Federal Register
notice)—
(A) to participate in
the margin protection program and receive basic margin protection; and
(B) at the election of
the producer under paragraph (3), to also obtain supplemental margin
protection.
(2)
Retroactive
basic margin protection
(A)
Availability
If a dairy producer files a notice of
intent under paragraph (1) to participate in the margin protection program
before the initiation of the sign-up period for the margin protection program
and subsequently signs up for the margin protection program, the producer shall
receive basic margin protection retroactive to the effective date of this
subtitle.
(B)
Duration
Retroactive basic margin protection under
this paragraph for a dairy producer shall apply from the effective date of this
subtitle until the date on which the producer signs up for the margin
protection program.
(3)
Retroactive
supplemental margin protection
(A)
Availability
Subject to subparagraphs (B) and (C), if a
dairy producer files a notice of intent under paragraph (1) to participate in
the margin protection program and obtain supplemental margin protection and
subsequently signs up for the margin protection program, the producer shall
receive supplemental margin protection, in addition to the basic margin
protection under paragraph (2), retroactive to the effective date of this
subtitle.
(B)
Deadline for
submission
A notice of intent
to obtain retroactive supplemental margin protection must be filed with the
Secretary no later than the earlier of the following:
(i) 150 days after the date on which the
Secretary publishes the notice in the Federal Register required by paragraph
(1).
(ii) The
date on which the Secretary initiates the sign up period for the margin
protection program.
(C)
Election of
coverage level and percentage of coverage
To be sufficient to obtain retroactive
supplemental margin protection, the notice of intent to participate filed by a
dairy producer must specify—
(i) a
selected coverage level that is higher, in any increment of $0.50, than the
payment threshold for basic margin protection specified in section 1414(b), but
not to exceed $6.00; and
(ii) the
percentage of coverage, subject to limits imposed in section 1415(c).
(D)
Duration
The coverage level and percentage specified
in the notice of intent to participate filed by a dairy producer shall apply
from the effective date of this subtitle until the later of the
following:
(i) October 1, 2013.
(ii) The
date on which the Secretary initiates the sign-up period for the margin
protection program.
(4)
Notice of intent
and obligation to participate in margin protection program
In no way does filing a notice of intent
under this subsection obligate a dairy producer to sign up for the margin
protection program once the program rules are final, but if a producer does
file a notice of intent and subsequently signs up for the margin protection
program, that dairy producer is obligated to pay fees and premiums for any
retroactive basic margin protection or retroactive supplemental margin
protection selected in the notice of intent.
(e)
Administrative
fee
(1)
Administrative
fee required
A dairy producer
shall pay an administrative fee under this subsection to sign up to participate
in the margin protection program. The participating dairy producer shall pay
the administrative fee annually thereafter to continue to participate in the
margin protection program.
(2)
Fee
amount
The administrative fee
for a participating dairy producer for a calendar year is based on the pounds
of milk (in millions) marketed by the dairy producer in the previous calendar
year, as follows:
Pounds Marketed (in millions)Admin. Fee
less than 1$100
1 to 10 $250
more than 10 to 40$500
more than 40$1000
(3)
Deposit of
Fees
All administrative fees
collected under this subsection shall be credited to the fund or account used
to cover the costs incurred to administer the margin protection program and the
stabilization program and shall be available to the Secretary, without further
appropriation and until expended, for use or transfer as provided in paragraph
(4).
(4)
Use of
Fees
The Secretary shall use
administrative fees collected under this subsection—
(A) to cover
administrative costs of the margin protection program and stabilization
program; and
(B) to the extent funds remain available after
operation of subparagraphs (A), to cover costs of the Department of Agriculture
relating to reporting of dairy market news and to carry out section 273 of the
Agricultural Marketing Act of 1946 (7 U.S.C. 1637b).
(f)
Reconstitution
The Secretary shall prohibit a dairy
producer from reconstituting a dairy operation for the sole purpose of the
dairy producer—
(1) receiving basic
margin protection;
(2) purchasing
supplemental margin protection; or
(3) avoiding
participation in the stabilization program.
(g)
Priority
consideration
A dairy
operation that participates in the margin protection program shall be eligible
to participate in the livestock gross margin for dairy program under the
Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) only after operations that
are not participating in the production margin protection program are
enrolled.
1413.
Production
history of participating dairy producers
(a)
Production
history for basic margin protection
(1)
Determination
required
For purposes of
providing basic margin protection, the Secretary shall determine the basic
production history of the dairy operation of each participating dairy producer
in the margin protection program.
(2)
Calculation
Except as provided in paragraph (3), the
basic production history of a participating dairy producer for basic margin
protection is equal to the highest annual milk marketings of the dairy producer
during any one of the three calendar years immediately preceding the calendar
year in which the dairy producer first signed up to participate in the margin
protection program.
(3)
Election by new
producers
If a participating
dairy producer has been in operation for less than a year, the dairy producer
shall elect one of the following methods for the Secretary to determine the
basic production history of the dairy producer:
(A) The volume of the
actual milk marketings for the months the dairy producer has been in operation
extrapolated to a yearly amount.
(B) An estimate of the
actual milk marketings of the dairy producer based on the herd size of the
producer relative to the national rolling herd average data published by the
Secretary.
(4)
No change in
production history for basic margin protection
Once the basic production history of a
participating dairy producer is determined under paragraph (2) or (3), the
basic production history shall not be subsequently changed for purposes of
determining the amount of any basic margin protection payments for the dairy
producer made under section 1414.
(b)
Annual
production history for supplemental margin protection
(1)
Determination
required
For purposes of
providing supplemental margin protection for a participating dairy producer
that purchases supplemental margin protection for a year under section 1415,
the Secretary shall determine the annual production history of the dairy
operation of the dairy producer under paragraph (2).
(2)
Calculation
The annual production history of a
participating dairy producer for a year is equal to the actual milk marketings
of the dairy producer during the preceding calendar year.
(3)
New
producers
Subsection (a)(3)
shall apply with respect to determining the annual production history of a
participating dairy producer that has been in operation for less than a
year.
(c)
Required
information
A participating
dairy producer shall provide all information that the Secretary may require in
order to establish—
(1) the basic production history of the dairy
operation of the dairy producer under subsection (a); and
(2) the production history of the dairy
operation of the dairy producer whenever the producer purchases supplemental
margin protection under section 1415.
(d)
Transfer of
production histories
(1)
Transfer by sale
or lease
In promulgating the
rules to initiate the margin protection program, the Secretary shall specify
the conditions under which and the manner by which the production history of a
dairy operation may be transferred by sale or lease.
(2)
Coverage
level
(A)
Basic margin
protection
A purchaser or
lessee to whom the Secretary transfers a basic production history under this
subsection shall not obtain a different level of basic margin protection than
the basic margin protection coverage held by the seller or lessor from whom the
transfer was obtained.
(B)
Supplemental
margin protection
A purchaser
or lessee to whom the Secretary transfers an annual production history under
this subsection shall not obtain a different level of supplemental margin
protection coverage than the supplemental margin protection coverage in effect
for the seller or lessor from whom the transfer was obtained for the calendar
year in which the transfer was made.
(e)
Movement and
transfer of production history
(1)
Movement and
transfer authorized
Subject
to paragraph (2), if a dairy producer moves from one location to another
location, the dairy producer may maintain the basic production history and
annual production history associated with the operation.
(2)
Notification
requirement
A dairy producer shall notify the Secretary of any
move of a dairy operation under paragraph (1).
(3)
Subsequent
occupation of vacated location
A party subsequently occupying a dairy
operation location vacated as described in paragraph (1) shall have no interest
in the basic production history or annual production history previously
associated with the operation at such location.
1414.
Basic margin
protection
(a)
Eligibility
All participating dairy producers are
eligible to receive basic margin protection under the margin protection
program.
(b)
Payment
threshold
Participating dairy
producers shall receive a basic margin protection payment whenever the average
actual dairy producer margin for a consecutive two-month period is less than
$4.00 per hundredweight of milk.
(c)
Basic margin
protection payment
(1)
Payment
required
The Secretary shall
make a basic margin protection payment to each participating dairy producer
whenever such a payment is required by subsection (b).
(2)
Amount of
payment
The basic margin
protection payment for the dairy operation of a participating dairy producer
for a consecutive two-month period shall be determined as follows:
(A) The Secretary shall calculate the
difference between the average actual dairy producer margin for the consecutive
two-month period and $4.00, except that, if the difference is more than $4.00,
the Secretary shall use $4.00.
(B) The Secretary shall multiply the amount
under subparagraph (A) by the lesser of the following:
(i) 80
percent of the production history of the dairy producer, divided by six.
(ii) The actual amount of milk marketed by the
dairy operation of the dairy producer during the consecutive two-month
period.
1415.
Supplemental
margin protection
(a)
Election of
supplemental margin protection
Supplemental margin protection is available
only on an annual basis. A participating dairy producer may annually purchase
supplemental margin protection to protect, during the calendar year for which
purchased, a higher level of the income of a participating dairy producer than
the income level guaranteed by basic margin protection under section
1414.
(b)
Selection of
payment threshold
A
participating dairy producer purchasing supplemental margin protection for a
year shall elect a coverage level that is higher, in any increment of $0.50,
than the payment threshold for basic margin protection specified in section
1414(b), but not to exceed $8.00.
(c)
Selection of
coverage percentage
A
participating dairy producer purchasing supplemental margin protection for a
year shall elect a percentage of coverage equal to not more than 90 percent,
nor less than 25 percent, of the annual production history of the dairy
operation of the participating dairy producer.
(d)
Producer
Premiums for supplemental margin protection
(1)
Premiums
required
A participating
dairy producer that purchases supplemental margin protection shall pay an
annual premium equal to the product obtained by multiplying—
(A) the percentage
selected by the dairy producer under subsection (c);
(B) the annual
production history of the dairy producer; and
(C) the premium per
hundredweight of milk, as specified in the applicable table under paragraph (2)
or (3).
(2)
Premium per
hundredweight for first 4 million pounds of production
For the
first 4,000,000 pounds of milk marketings included in the annual production
history of a participating dairy producer, the premium per hundredweight
corresponding to each coverage level specified in the following table is as
follows:
Coverage LevelPremium per Cwt.
$4.50$0.01
$5.00$0.025
$5.50$0.04
$6.00$0.065
$6.50$0.09
$7.00$0.434
$7.50$0.590
$8.00$0.922
(3)
Premium per
hundredweight for production in excess of 4 million pounds
For milk marketings in excess of 4,000,000
pounds included in the annual production history of a participating dairy
producer, the premium per hundredweight corresponding to each coverage level is
as follows:
Coverage LevelPremium per Cwt.
$4.50$0.015
$5.00$0.036
$5.50$0.081
$6.00$0.155
$6.50$0.230
$7.00$0.434
$7.50$0.590
$8.00$0.922
(4)
Time for
payment
In promulgating the
rules to initiate the margin protection program, the Secretary shall provide
more than one method by which a participating dairy producer that purchases
supplemental margin protection for a calendar year may pay the premium under
this subsection for that year that maximizes producer payment flexibility and
program integrity.
(e)
Producer’s
Premium Obligations
(1)
Pro-ration of
premium for new producers
A
dairy producer described in section 1412(c)(2) that purchases supplemental
margin protection for a calendar year after the start of the calendar year
shall pay a pro-rated premium for that calendar year based on the portion of
the calendar year for which the producer purchases the coverage.
(2)
Legal
obligation
A participating dairy producer that purchases
supplemental margin protection for a calendar year shall be legally obligated
to pay the applicable premium for that calendar year, except that, if the dairy
producer retires, the producer may request that Secretary cancel the
supplemental margin protection if the producer has terminated the dairy
operation entirely and certifies under oath that the producer will not be
actively engaged in any dairy operation for at least the next seven
years.
(f)
Supplemental
Payment threshold
A
participating dairy producer with supplemental margin protection shall receive
a supplemental margin protection payment whenever the average actual dairy
producer margin for a consecutive two-month period is less than the coverage
level threshold selected by the dairy producer under subsection (b).
(g)
Supplemental
margin protection payments
(1)
In
general
The supplemental
margin protection payment for a participating dairy producer is in addition to
the basic margin protection payment.
(2)
Amount of
payment
The supplemental
margin protection payment for the dairy operation of a participating dairy
producer shall be determined as follows:
(A) The Secretary shall calculate the
difference between the coverage level threshold selected by the dairy producer
under subsection (b) and the greater of—
(i) the
average actual dairy producer margin for the consecutive two-month period;
or
(ii) $4.00.
(B) The amount determined under subparagraph
(A) shall be multiplied by the percentage selected by the participating dairy
producer under subsection (c) and by the lesser of the following:
(i) The annual production history of the dairy
operation of the dairy producer, divided by six.
(ii) The actual amount of milk marketed by the
dairy operation of the dairy producer during the consecutive two-month
period.
1416.
Effect of
failure to pay administrative fees or premiums
(a)
Loss of
benefits
A participating
dairy producer that fails to pay the required administrative fee under section
1412 or is in arrears on premium payments for supplemental margin protection
under section 1415—
(1) remains legally obligated to pay the
administrative fee or premiums, as the case may be; and
(2) may not receive basic margin protection
payments or supplemental margin protection payments until the fees or premiums
are fully paid.
(b)
Enforcement
The Secretary may take such action as
necessary to collect administrative fees and premium payments for supplemental
margin protection.
B
Dairy Market
Stabilization Program
1431.
Establishment
of dairy market stabilization program
(a)
Program
required; purpose
The
Secretary shall establish and administer a dairy market stabilization program
applicable to participating dairy producers for the purpose of assisting in
balancing the supply of milk with demand when dairy producers are experiencing
low or negative operating margins.
(b)
Election of
stabilization program base calculation method
(1)
Election
When a dairy producer signs up under
section 1412 to participate in the margin protection program, the dairy
producer shall inform the Secretary of the method by which the stabilization
program base for the dairy producer for fiscal year 2013 will be calculated
under paragraph (3).
(2)
Change in
calculation method
A participating dairy producer may change the
stabilization program base calculation method to be used for a calendar year by
notifying the Secretary of the change not later than a date determined by the
Secretary.
(3)
Calculation
methods
A participating dairy producer may elect either of the
following methods for calculation of the stabilization program base for the
producer:
(A) The volume of the
average monthly milk marketings of the dairy producer for the three months
immediately preceding the announcement by the Secretary that the stabilization
program will become effective.
(B) The volume of the monthly milk marketings
of the dairy producer for the same month in the preceding year as the month for
which the Secretary has announced the stabilization program will become
effective.
1432.
Threshold for
implementation and reduction in dairy producer payments
(a)
When
stabilization program required
Except as provided in subsection (b), the
Secretary shall announce that the stabilization program is in effect and order
reduced payments for any participating dairy producer that exceeds the
applicable percentage of the producer’s stabilization program base
whenever—
(1) the actual dairy producer margin has been
$6.00 or less per hundredweight of milk for each of the immediately preceding
two months; or
(2) the actual dairy producer margin has been
$4.00 or less per hundredweight of milk for the immediately preceding
month.
(b)
Exception
The Secretary shall not make the
announcement under subsection (a) to implement the stabilization program or
order reduced payments if any of the conditions described in section 1436(b)
have been met during the two months immediately preceding the month in which
the announcement under subsection (a) would otherwise be made by the Secretary
in the absence of this exception.
(c)
Effective date
for implementation of payment reductions
Reductions in dairy
producer payments shall commence beginning on the first day of the month
immediately following the date of the announcement by the Secretary under
subsection (a).
1433.
Producer milk
marketing information
(a)
Collection of
milk marketing data
The
Secretary shall establish, by regulation, a process to collect from
participating dairy producers and handlers such information that the Secretary
considers necessary for each month during which the stabilization program is in
effect.
(b)
Reduce
regulatory burden
When implementing the process under subsection
(a), the Secretary shall minimize the regulatory burden on dairy producers and
handlers.
1434.
Calculation
and collection of reduced dairy producer payments
(a)
Reduced producer
payments required
During any
month in which payment reductions are in effect under the stabilization
program, each handler shall reduce payments to each participating dairy
producer from whom the handler receives milk.
(b)
Reductions based
on actual dairy producer margin
(1)
Reduction
requirement 1
Unless the
reduction required by paragraph (2) or (3) applies, when the actual dairy
producer margin has been $6.00 or less per hundredweight of milk for two
consecutive months, the handler shall make payments to a participating dairy
producer for a month based on the greater of the following:
(A) 98 percent of the
stabilization program base of the dairy producer.
(B) 94 percent of the
marketings of milk for the month by the producer.
(2)
Reduction
requirement 2
Unless the
reduction required by paragraph (3) applies, when the actual dairy producer
margin has been $5.00 or less per hundredweight of milk for two consecutive
months, the handler shall make payments to a participating dairy producer for a
month based on the greater of the following:
(A) 97 percent of the stabilization program
base of the dairy producer.
(B) 93 percent of the marketings of milk for
the month by the producer.
(3)
Reduction
requirement 3
When the actual
dairy producer margin has been $4.00 or less for any one month, the handler
shall make payments to a participating dairy producer for a month based on the
greater of the following:
(A) 96 percent of the stabilization program
base of the dairy producer.
(B) 92 percent of the marketings of milk for
the month by the producer.
(c)
Continuation of
reductions
The largest level of payment reduction required under
paragraph (1), (2), or (3) of subsection (b) shall be continued for each month
until the Secretary suspends the stabilization program and terminates payment
reductions in accordance with section 1436.
(d)
Payment
reduction exception
Notwithstanding any preceding subsection of
this section, a handler shall make no payment reductions for a dairy producer
for a month if the producer’s milk marketings for the month are equal to or
less than the percentage of the stabilization program base applicable to the
producer under paragraph (1), (2), or (3) of subsection (b).
1435.
Remitting
monies to the Secretary and use of monies
(a)
Remitting
monies
As soon as practicable
after the end of each month during which payment reductions are in effect under
the stabilization program, each handler shall remit to the Secretary an amount
equal to the amount by which payments to participating dairy producers are
reduced by the handler under section 1434.
(b)
Deposit of
monies
All monies received
under subsection (a) shall be available to the Secretary, without further
appropriation and until expended, for use or transfer as provided in subsection
(c).
(c)
Use of
monies
(1)
Availability for
certain commodity donations
Within three months of the receipt of
monies under subsection (a), the Secretary shall obligate the monies for the
purpose of—
(A) purchasing dairy products for donation to
food banks and other programs that the Secretary determines appropriate;
and
(B) expanding
consumption and building demand for dairy products.
(2)
No duplication
of effort
The Secretary shall
ensure that expenditures under paragraph (1) are compatible with, and do not
duplicate, programs supported by the dairy research and promotion activities
conducted under the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4501
et seq.).
(3)
Accounting
The
Secretary shall keep an accurate account of all monies obligated under
paragraph (1).
(d)
Annual
Report
Not later than December 31 of each year that the
stabilization program is in effect, the Secretary shall submit to the Committee
on Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report that provides an
accurate accounting of—
(1) the monies
received by the Secretary during the preceding fiscal year under subsection
(a); and
(2) all expenditures
made by the Secretary under subsection (b) during the preceding fiscal
year.
(e)
Enforcement
If a participating dairy producer or
handler fails to remit or collect the amounts by which payments to
participating dairy producers are reduced under section 1434, the producer or
handler responsible for the failure shall be liable to the Secretary for the
amount that should have been remitted or collected, plus interest. In addition
to the enforcement authorities available under section 1437, the Secretary may
enforce this subsection in the courts of the United States.
1436.
Suspension of
reduced payment requirement
(a)
Determination of
prices
For purposes of this
section:
(1) The price in the United States for cheddar
cheese and nonfat dry milk shall be determined by the Secretary.
(2) The world price of
cheddar cheese and skim milk powder shall be determined by the
Secretary.
(b)
Initial
suspension thresholds
The
Secretary shall announce that the stabilization program shall be suspended
whenever the Secretary determines that—
(1) the actual dairy producer margin is greater
than $6.00 per hundredweight of milk for two consecutive months;
(2) the dairy producer margin is equal to or
less than $6.00 (but greater than $5.00) for two consecutive months, and during
the same two consecutive months—
(A) the price in the
United States for cheddar cheese is equal to or greater than the world price of
cheddar cheese; or
(B) the price in the
United States for nonfat dry milk is equal to or greater than the world price
of skim milk powder;
(3) the dairy producer
margin is equal to or less than $5.00 (but greater than $4.00) for two
consecutive months, and during the same two consecutive months—
(A) the price in the
United States for cheddar cheese is more than 5 percent above the world price
of cheddar cheese; or
(B) the price in the
United States for nonfat dry milk is more than 5 percent above the world price
of skim milk powder; or
(4) the dairy producer
margin is equal to or less than $4.00 for two consecutive months, and during
the same two consecutive months—
(A) the price in the
United States for cheddar cheese is more than 7 percent above the world price
of cheddar cheese; or
(B) the price in the
United States for nonfat dry milk is more than 7 percent above the world price
of skim milk powder.
(c)
Enhanced
suspension thresholds
If the
stabilization program is not suspended pursuant to subsection (b) for six
consecutive months or more, the stabilization program shall be suspended
whenever the Secretary determines that—
(1) the actual dairy
producer margin is greater than $6.00 per hundredweight of milk for two
consecutive months;
(2) the dairy producer
margin is equal to or less than $6.00 (but greater than $5.00) for two
consecutive months, and during the same two consecutive months—
(A) the price in the
United States for cheddar cheese is not less than 97 percent of the world price
of cheddar cheese; or
(B) the price in the
United States for non-fat dry milk is not less than 97 percent of the world
price of skim milk powder;
(3) the dairy producer
margin is equal to or less than $5.00 (but greater than $4.00) for two
consecutive months, and during the same two consecutive months—
(A) the price in the
United States for cheddar cheese is more than 3 percent above the world price
of cheddar cheese; or
(B) the price in the
United States for non fat dry milk is more than 3 percent above the world price
of skim milk powder; or
(4) the dairy producer
margin is equal to or less than $4.00 for two consecutive months, and during
the same two consecutive months—
(A) the price in the
United States for cheddar cheese is more than 6 percent above the world price
of cheddar cheese; or
(B) the price in the
United States for non fat dry milk is more than 6 percent above the world price
of skim milk powder.
(d)
Implementation
by handlers
Effective on the
day after the date of the announcement by the Secretary under subsection (b) or
(c) of the suspension of the stabilization program, the handler shall cease
reducing payments to participating dairy producers under the stabilization
program.
(e)
Condition on
resumption of stabilization program
Upon the announcement by the Secretary
under subsection (b) or (c) that the stabilization program has been suspended,
the stabilization program may not be implemented again until, at the
earliest—
(1) two months have
passed, beginning on the first day of the month immediately following the
announcement by the Secretary; and
(2) the conditions of
section 1432(a) are again met.
1437.
Enforcement
(a)
Unlawful
act
It shall be unlawful and
a violation of the this subpart for any person subject to the stabilization
program to willfully fail or refuse to provide, or delay the timely reporting
of, accurate information and remittance of funds to the Secretary in accordance
with this subpart.
(b)
Order
After
providing notice and opportunity for a hearing to an affected person, the
Secretary may issue an order against any person to cease and desist from
continuing any violation of this subpart.
(c)
Appeal
An
order of the Secretary under subsection (b) shall be final and conclusive
unless an affected person files an appeal of the order of the Secretary in
United States district court not later than 30 days after the date of the
issuance of the order. A finding of the Secretary in the order shall be set
aside only if the finding is not supported by substantial evidence.
(d)
Noncompliance
with order
If a person subject to this subpart fails to obey an
order issued under subsection (b) after the order has become final and
unappealable, or after the appropriate United States district court has entered
a final judgment in favor of the Secretary, the United States may apply to the
appropriate United States district court for enforcement of the order. If the
court determines that the order was lawfully made and duly served and that the
person violated the order, the court shall enforce the order.
1438.
Audit
requirements
(a)
Audits of
producer and handler compliance
(1)
Audits
authorized
If determined by
the Secretary to be necessary to ensure compliance by participating dairy
producers and handlers with the stabilization program, the Secretary may
conduct periodic audits of participating dairy producers and handlers.
(2)
Sample of dairy
producers
Any audit conducted under this subsection shall
include, at a minimum, investigation of a statistically valid and random sample
of participating dairy producers.
(b)
Submission of
results
The Secretary shall
submit the results of any audit conducted under subsection (a) to the Committee
on Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate and include such
recommendations as the Secretary considers appropriate regarding the
stabilization program.
C
Commodity Credit
Corporation
1451.
Use of Commodity
Credit Corporation
The
Secretary shall use the funds, facilities, and the authorities of the Commodity
Credit Corporation to carry out this part.
D
Initiation and
duration
1461.
Rulemaking
(a)
Procedure
The promulgation of regulations for the
initiation of the margin protection program and the stabilization program, and
for administration of such programs, shall be made
without regard
to—
(1) without regard
to chapter 35 of title 44, United States Code (commonly known as
the Paperwork Reduction Act);
(2) without regard
to the Statement of Policy of the Secretary of Agriculture
effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed
rulemaking and public participation in rulemaking; and
(3) the notice and
comment provisions ofsubject to subsection (b), pursuant
to section 553 of title 5, United States Code.
(b)
Congressional
review of agency rulemaking
In carrying out subsection (a), the
Secretary shall use the authority provided under section 808 of title 5, United
States Code.
(b)
Special
rulemaking requirements
(1)
Interim rules
required for stabilization program
(A)
In
general
With respect to the
stabilization program, the Secretary shall promulgate interim rules no later
than nine months after the date of the enactment of this Act under the
authority provided in subparagraph (B) of section 553(b) of title 5, United
States Code.
(B)
Interim
determination
The interim
rules required for the stabilization program shall include an interim
determination by the Secretary regarding the impacts of the stabilization
program on—
(i) the dairy product
value chain, including impacts on producers, processors, domestic customers,
export customers, actual market growth and potential market growth, farms of
different sizes, and different regions and States;
(ii) the
competitiveness of the United States dairy industry in international
markets;
(iii) domestic or
international Government-funded nutrition programs;
(iv) consumers;
and
(v) competition in
domestic dairy markets.
(C)
Effective
date
The interim rules
required for the stabilization program shall be effective on
publication.
(2)
Interim rules
authorized for margin protection program
With respect to the margin protection
program, the Secretary may promulgate interim rules under the authority
provided in subparagraph (B) of section 553(b) of title 5, United States Code,
if the Secretary determines such interim rules to be needed. Any such interim
rules for the margin protection program shall be effective on
publication.
(3)
Final
rules
(A)
In
general
With respect to the
margin protection program and stabilization program, the Secretary shall
promulgate final rules, with an opportunity for public notice and comment, no
later than 21 months after the date of the enactment of this Act.
(B)
Final
determination
The final rules
required for the stabilization program shall include a final determination by
the Secretary of the impacts of the stabilization program on each of the items
specified in paragraph (1)(B).
(c)
Inclusion of
additional order
Section
143(a)(2) of the Federal Agriculture Improvement and Reform Act of 1996 (7
U.S.C. 7253(a)(2)) is amended by adding at the end the following new sentence:
Subsection (b)(2) does not apply to the authority of the Secretary under
this subsection..
1462.
Duration
The margin protection program and the
stabilization program shall end on December 31, 2018.
II
Repeal or
reauthorization of other dairy-related provisions
1481.
Repeal of
dairy product price support and milk income loss contract programs
(a)
Repeal of dairy
product price support program
Section 1501 of the Food,
Conservation, and Energy Act of 2008 (7 U.S.C. 8771) is repealed.
(b)
Repeal of milk
income loss contract program
Section 1506 of the Food,
Conservation, and Energy Act of 2008 (7 U.S.C. 8773) is repealed.
1482.
Repeal of dairy
export incentive program
(a)
Repeal
Section 153 of the Food Security Act of
1985 (15 U.S.C. 713a–14) is repealed.
(b)
Conforming
amendments
Section 902(2) of the Trade Sanctions Reform and
Export Enhancement Act of 2000 (22 U.S.C. 7201(2)) is amended—
(1) by striking
subparagraph (D); and
(2) by redesignating
subparagraphs (E) and (F) as subparagraphs (D) and (E), respectively.
1483.
Extension of
dairy forward pricing program
Section 1502(e) of the Food, Conservation,
and Energy Act of 2008 (7 U.S.C. 8772(e)) is amended—
(1) in paragraph (1),
by striking 2012 and inserting 2018; and
(2) in paragraph (2),
by striking 2015 and inserting 2021.
1484.
Extension of
dairy indemnity program
Section 3 of Public Law 90–484 (7 U.S.C.
450l) is amended by striking 2012 and inserting
2018.
1485.
Extension of
dairy promotion and research program
Section 113(e)(2) of the Dairy Production
Stabilization Act of 1983 (7 U.S.C. 4504(e)(2)) is amended by striking
2012 and inserting 2018.
1486.
Repeal of
Federal Milk Marketing Order Review Commission
Section 1509 of the Food, Conservation, and
Energy Act of 2008 (Public Law 110–246; 122 Stat. 1726) is repealed.
III
Effective
date
1491.
Effective
date
This subtitle and the
amendments made by this subtitle shall take effect on October 1, 2013.
E
Supplemental
Agricultural Disaster Assistance Programs
1501.
Supplemental
agricultural disaster assistance
(a)
Definitions
In
this section:
(1)
Eligible
producer on a farm
(A)
In
general
The term eligible producer on a farm means
an individual or entity described in subparagraph (B) that, as determined by
the Secretary, assumes the production and market risks associated with the
agricultural production of crops or livestock.
(B)
Description
An
individual or entity referred to in subparagraph (A) is—
(i) a
citizen of the United States;
(ii) a
resident alien;
(iii) a
partnership of citizens of the United States; or
(iv) a
corporation, limited liability corporation, or other farm organizational
structure organized under State law.
(2)
Farm-raised
fish
The term farm-raised fish means any aquatic
species that is propagated and reared in a controlled environment.
(3)
Livestock
The
term livestock includes—
(A) cattle (including
dairy cattle);
(B) bison;
(C) poultry;
(D) sheep;
(E) swine;
(F) horses; and
(G) other livestock,
as determined by the Secretary.
(4)
Secretary
The
term Secretary means the Secretary of Agriculture.
(b)
Livestock
indemnity payments
(1)
Payments
For each of the fiscal years 2012 through
2018, the Secretary shall use such sums as are necessary of the funds of the
Commodity Credit Corporation to make livestock indemnity payments to eligible
producers on farms that have incurred livestock death losses in excess of the
normal mortality, as determined by the Secretary, due to—
(A) attacks by animals reintroduced into the
wild by the Federal Government or protected by Federal law, including wolves
and avian predators; or
(B) adverse weather,
as determined by the Secretary, during the calendar year, including losses due
to hurricanes, floods, blizzards, disease, wildfires, extreme heat, and extreme
cold.
(2)
Payment
rates
Indemnity payments to an eligible producer on a farm under
paragraph (1) shall be made at a rate of 75 percent of the market value of the
applicable livestock on the day before the date of death of the livestock, as
determined by the Secretary.
(3)
Special rule for
payments made due to disease
The Secretary shall ensure that
payments made to an eligible producer under paragraph (1) are not made for the
same livestock losses for which compensation is provided pursuant to section
10407(d) of the Animal Health Protection Act (7 U.S.C. 8306(d)).
(c)
Livestock forage
disaster program
(1)
Definitions
In
this subsection:
(A)
Covered
livestock
(i)
In
general
Except as provided in clause (ii), the term
covered livestock means livestock of an eligible livestock
producer that, during the 60 days prior to the beginning date of a qualifying
drought or fire condition, as determined by the Secretary, the eligible
livestock producer—
(I) owned;
(II) leased;
(III) purchased;
(IV) entered into a
contract to purchase;
(V) is a contract
grower; or
(VI) sold or otherwise
disposed of due to qualifying drought conditions during—
(aa) the
current production year; or
(bb) subject to
paragraph (3)(B)(ii), 1 or both of the 2 production years immediately preceding
the current production year.
(ii)
Exclusion
The
term covered livestock does not include livestock that were or
would have been in a feedlot, on the beginning date of the qualifying drought
or fire condition, as a part of the normal business operation of the eligible
livestock producer, as determined by the Secretary.
(B)
Drought
monitor
The term drought monitor means a system
for classifying drought severity according to a range of abnormally dry to
exceptional drought, as defined by the Secretary.
(C)
Eligible
livestock producer
(i)
In
general
The term eligible livestock producer means
an eligible producer on a farm that—
(I) is an owner, cash
or share lessee, or contract grower of covered livestock that provides the
pastureland or grazing land, including cash-leased pastureland or grazing land,
for the livestock;
(II) provides the
pastureland or grazing land for covered livestock, including cash-leased
pastureland or grazing land that is physically located in a county affected by
drought;
(III) certifies
grazing loss; and
(IV) meets all other
eligibility requirements established under this subsection.
(ii)
Exclusion
The
term eligible livestock producer does not include an owner, cash
or share lessee, or contract grower of livestock that rents or leases
pastureland or grazing land owned by another person on a rate-of-gain
basis.
(D)
Normal carrying
capacity
The term normal carrying capacity, with
respect to each type of grazing land or pastureland in a county, means the
normal carrying capacity, as determined under paragraph (3)(D)(i), that would
be expected from the grazing land or pastureland for livestock during the
normal grazing period, in the absence of a drought or fire that diminishes the
production of the grazing land or pastureland.
(E)
Normal grazing
period
The term normal grazing period, with
respect to a county, means the normal grazing period during the calendar year
for the county, as determined under paragraph (3)(D)(i).
(2)
Program
For each of the fiscal years 2012 through
2018, the Secretary shall use such sums as are necessary of the funds of the
Commodity Credit Corporation to provide compensation for losses to eligible
livestock producers due to grazing losses for covered livestock due to—
(A) a drought
condition, as described in paragraph (3); or
(B) fire, as described
in paragraph (4).
(3)
Assistance for
losses due to drought conditions
(A)
Eligible
losses
(i)
In
general
An eligible livestock producer may receive assistance
under this subsection only for grazing losses for covered livestock that occur
on land that—
(I) is native or
improved pastureland with permanent vegetative cover; or
(II) is planted to a
crop planted specifically for the purpose of providing grazing for covered
livestock.
(ii)
Exclusions
An
eligible livestock producer may not receive assistance under this subsection
for grazing losses that occur on land used for haying or grazing under the
conservation reserve program established under subchapter B of chapter 1 of
subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et
seq.).
(B)
Monthly payment
rate
(i)
In
general
Except as provided in clause (ii), the payment rate for
assistance under this paragraph for 1 month shall, in the case of drought, be
equal to 60 percent of the lesser of—
(I) the monthly feed
cost for all covered livestock owned or leased by the eligible livestock
producer, as determined under subparagraph (C); or
(II) the monthly feed
cost calculated by using the normal carrying capacity of the eligible grazing
land of the eligible livestock producer.
(ii)
Partial
compensation
In the case of an eligible livestock producer that
sold or otherwise disposed of covered livestock due to drought conditions in 1
or both of the 2 production years immediately preceding the current production
year, as determined by the Secretary, the payment rate shall be 80 percent of
the payment rate otherwise calculated in accordance with clause (i).
(C)
Monthly feed
cost
(i)
In
general
The monthly feed cost shall equal the product obtained by
multiplying—
(I) 30 days;
(II) a payment
quantity that is equal to the feed grain equivalent, as determined under clause
(ii); and
(III) a payment rate
that is equal to the corn price per pound, as determined under clause
(iii).
(ii)
Feed grain
equivalent
For purposes of clause (i)(II), the feed grain
equivalent shall equal—
(I) in the case of an
adult beef cow, 15.7 pounds of corn per day; or
(II) in the case of
any other type of weight of livestock, an amount determined by the Secretary
that represents the average number of pounds of corn per day necessary to feed
the livestock.
(iii)
Corn price per
pound
For purposes of clause (i)(III), the corn price per pound
shall equal the quotient obtained by dividing—
(I) the higher
of—
(aa) the
national average corn price per bushel for the 12-month period immediately
preceding March 1 of the year for which the disaster assistance is calculated;
or
(bb) the
national average corn price per bushel for the 24-month period immediately
preceding that March 1; by
(II) 56.
(D)
Normal grazing
period and drought monitor intensity
(i)
Fsa county
committee determinations
(I)
In
general
The Secretary shall determine the normal carrying
capacity and normal grazing period for each type of grazing land or pastureland
in the county served by the applicable committee.
(II)
Changes
No
change to the normal carrying capacity or normal grazing period established for
a county under subclause (I) shall be made unless the change is requested by
the appropriate State and county Farm Service Agency committees.
(ii)
Drought
intensity
(I)
D2
An
eligible livestock producer that owns or leases grazing land or pastureland
that is physically located in a county that is rated by the U.S. Drought
Monitor as having a D2 (severe drought) intensity in any area of the county for
at least 8 consecutive weeks during the normal grazing period for the county,
as determined by the Secretary, shall be eligible to receive assistance under
this paragraph in an amount equal to 1 monthly payment using the monthly
payment rate determined under subparagraph (B).
(II)
D3
An
eligible livestock producer that owns or leases grazing land or pastureland
that is physically located in a county that is rated by the U.S. Drought
Monitor as having at least a D3 (extreme drought) intensity in any area of the
county at any time during the normal grazing period for the county, as
determined by the Secretary, shall be eligible to receive assistance under this
paragraph—
(aa) in an
amount equal to 3 monthly payments using the monthly payment rate determined
under subparagraph (B);
(bb) if
the county is rated as having a D3 (extreme drought) intensity in any area of
the county for at least 4 weeks during the normal grazing period for the
county, or is rated as having a D4 (exceptional drought) intensity in any area
of the county at any time during the normal grazing period, in an amount equal
to 4 monthly payments using the monthly payment rate determined under
subparagraph (B); or
(cc) if the county is rated as having a D4
(exceptional drought) intensity in any area of the county for at least 4 weeks
during the normal grazing period, in an amount equal to 5 monthly payments
using the monthly rate determined under subparagraph (B).
(4)
Assistance for
losses due to fire on public managed land
(A)
In
general
An eligible livestock producer may receive assistance
under this paragraph only if—
(i) the
grazing losses occur on rangeland that is managed by a Federal agency;
and
(ii) the
eligible livestock producer is prohibited by the Federal agency from grazing
the normal permitted livestock on the managed rangeland due to a fire.
(B)
Payment
rate
The payment rate for assistance under this paragraph shall
be equal to 50 percent of the monthly feed cost for the total number of
livestock covered by the Federal lease of the eligible livestock producer, as
determined under paragraph (3)(C).
(C)
Payment
duration
(i)
In
general
Subject to clause (ii), an eligible livestock producer
shall be eligible to receive assistance under this paragraph for the
period—
(I) beginning on the
date on which the Federal agency excludes the eligible livestock producer from
using the managed rangeland for grazing; and
(II) ending on the
last day of the Federal lease of the eligible livestock producer.
(ii)
Limitation
An
eligible livestock producer may only receive assistance under this paragraph
for losses that occur on not more than 180 days per year.
(5)
No duplicative
payments
An eligible
livestock producer may elect to receive assistance for grazing or pasture feed
losses due to drought conditions under paragraph (3) or fire under paragraph
(4), but not both for the same loss, as determined by the Secretary.
(d)
Emergency
assistance for livestock, honey bees, and farm-raised fish
(1)
In
general
For each of the
fiscal years 2012 through 2018, the Secretary shall use not more than
$20,000,000 of the funds of the Commodity Credit Corporation to provide
emergency relief to eligible producers of livestock, honey bees, and
farm-raised fish to aid in the reduction of losses due to disease (including
cattle tick fever), adverse weather, or other conditions, such as blizzards and
wildfires, as determined by the Secretary, that are not covered under
subsection (b) or (c).
(2)
Use of
funds
Funds made available under this subsection shall be used to
reduce losses caused by feed or water shortages, disease, or other factors as
determined by the Secretary.
(3)
Availability of
funds
Any funds made available under this subsection shall remain
available until expended.
(e)
Tree assistance
program
(1)
Definitions
In
this subsection:
(A)
Eligible
orchardist
The term eligible orchardist means a
person that produces annual crops from trees for commercial purposes.
(B)
Natural
disaster
The term natural disaster means plant
disease, insect infestation, drought, fire, freeze, flood, earthquake,
lightning, or other occurrence, as determined by the Secretary.
(C)
Nursery tree
grower
The term nursery tree grower means a person
who produces nursery, ornamental, fruit, nut, or Christmas trees for commercial
sale, as determined by the Secretary.
(D)
Tree
The
term tree includes a tree, bush, and vine.
(2)
Eligibility
(A)
Loss
Subject to subparagraph (B), for each of
the fiscal years 2012 through 2018, the Secretary shall use such sums as are
necessary of the funds of the Commodity Credit Corporation to provide
assistance—
(i) under paragraph
(3) to eligible orchardists and nursery tree growers that planted trees for
commercial purposes but lost the trees as a result of a natural disaster, as
determined by the Secretary; and
(ii) under paragraph
(3)(B) to eligible orchardists and nursery tree growers that have a production
history for commercial purposes on planted or existing trees but lost the trees
as a result of a natural disaster, as determined by the Secretary.
(B)
Limitation
An
eligible orchardist or nursery tree grower shall qualify for assistance under
subparagraph (A) only if the tree mortality of the eligible orchardist or
nursery tree grower, as a result of damaging weather or related condition,
exceeds 15 percent (adjusted for normal mortality).
(3)
Assistance
Subject
to paragraph (4), the assistance provided by the Secretary to eligible
orchardists and nursery tree growers for losses described in paragraph (2)
shall consist of—
(A)
(i) reimbursement of 65
percent of the cost of replanting trees lost due to a natural disaster, as
determined by the Secretary, in excess of 15 percent mortality (adjusted for
normal mortality); or
(ii) at the option of the Secretary,
sufficient seedlings to reestablish a stand; and
(B) reimbursement of
50 percent of the cost of pruning, removal, and other costs incurred by an
eligible orchardist or nursery tree grower to salvage existing trees or, in the
case of tree mortality, to prepare the land to replant trees as a result of
damage or tree mortality due to a natural disaster, as determined by the
Secretary, in excess of 15 percent damage or mortality (adjusted for normal
tree damage and mortality).
(4)
Limitations on
assistance
(A)
Definitions of
legal entity and person
In this paragraph, the terms legal
entity and person have the meaning given those terms in
section 1001(a) of the Food Security Act of 1985 (7 U.S.C. 1308(a)).
(B)
Amount
The
total amount of payments received, directly or indirectly, by a person or legal
entity (excluding a joint venture or general partnership) under this subsection
may not exceed $125,000 for any crop year, or an equivalent value in tree
seedlings.
(C)
Acres
The
total quantity of acres planted to trees or tree seedlings for which a person
or legal entity shall be entitled to receive payments under this subsection may
not exceed 500 acres.
(f)
Payment
limitations
(1)
Definitions of
legal entity and person
In this subsection, the terms
legal entity and person have the meaning given
those terms in section 1001(a) of the Food Security Act of 1985 (7 U.S.C.
1308(a)).
(2)
Amount
The
total amount of disaster assistance payments received, directly or indirectly,
by a person or legal entity (excluding a joint venture or general partnership)
under this section (excluding payments received under subsection (e)) may not
exceed $125,000 for any crop year.
(3)
Direct
attribution
Subsections (e) and (f) of section 1001 of the Food
Security Act of 1985 (7 U.S.C. 1308) or any successor provisions relating to
direct attribution shall apply with respect to assistance provided under this
section.
F
Administration
1601.
Administration
generally
(a)
Use of Commodity
Credit Corporation
The Secretary of Agriculture shall use the
funds, facilities, and authorities of the Commodity Credit Corporation to carry
out this title.
(b)
Determinations
by Secretary
A determination made by the Secretary under this
title shall be final and conclusive.
(c)
Regulations
(1)
In
general
Except as otherwise provided in this subsection, not
later than 90 days after the date of enactment of this Act, the Secretary and
the Commodity Credit Corporation, as appropriate, shall promulgate such
regulations as are necessary to implement this title and the amendments made by
this title.
(2)
Procedure
The
promulgation of the regulations and administration of this title and the
amendments made by this title and sections 11003 and 11016 of this Act shall be
made
without regard
to—
(A) the notice and
comment provisions of section 553 of title 5, United States Code;
(A) pursuant to section 553 of title 5, United
States Code, including by interim rules effective on publication under the
authority provided in subparagraph (B) of subsection (b) of such section if the
Secretary determines such interim rules to be needed and final rules, with an
opportunity for notice and comment, no later than 21 months after the date of
the enactment of this Act;
(B) without regard
to chapter 35 of title 44, United States Code (commonly known as
the Paperwork Reduction Act); and
(C) without regard
to the Statement of Policy of the Secretary of Agriculture
effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed
rulemaking and public participation in rulemaking.
(3)
Congressional
review of agency rulemaking
In carrying out this subsection, the
Secretary shall use the authority provided under section 808 of title 5, United
States Code.
(d)
Adjustment
Authority Related to Trade Agreements Compliance
(1)
Required
determination; adjustment
If the Secretary determines that
expenditures under this title that are subject to the total allowable domestic
support levels under the Uruguay Round Agreements (as defined in section 2 of
the Uruguay Round Agreements Act (19 U.S.C. 3501)) will exceed the allowable
levels for any applicable reporting period, the Secretary shall, to the maximum
extent practicable, make adjustments in the amount of the expenditures during
that period to ensure that the expenditures do not exceed the allowable
levels.
(2)
Congressional
notification
Before making any adjustment under paragraph (1),
the Secretary shall submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and Forestry of
the Senate a report describing the determination made under that paragraph and
the extent of the adjustment to be made.
1602.
Suspension of
permanent price support authority
(a)
Agricultural
Adjustment Act of 1938
The following provisions of the
Agricultural Adjustment Act of 1938 shall not be applicable to the 2014 through
2018 crops of covered commodities (as defined in section 1104), cotton, and
sugar and shall not be applicable to milk during the period beginning on the
date of enactment of this Act through December 31, 2018:
(1) Parts II through V
of subtitle B of title III (7 U.S.C. 1326 et seq.).
(2) In the case of
upland cotton, section 377 (7 U.S.C. 1377).
(3) Subtitle D of
title III (7 U.S.C. 1379a et seq.).
(4) Title IV (7 U.S.C.
1401 et seq.).
(b)
Agricultural Act
of 1949
The following provisions of the Agricultural Act of 1949
shall not be applicable to the 2013 through 2018 crops of covered commodities
(as defined in section 1104), cotton, and sugar and shall not be applicable to
milk during the period beginning on the date of enactment of this Act and
through December 31, 2018:
(1) Section 101 (7
U.S.C. 1441).
(2) Section 103(a) (7
U.S.C. 1444(a)).
(3) Section 105 (7
U.S.C. 1444b).
(4) Section 107 (7
U.S.C. 1445a).
(5) Section 110 (7
U.S.C. 1445e).
(6) Section 112 (7
U.S.C. 1445g).
(7) Section 115 (7
U.S.C. 1445k).
(8) Section 201 (7
U.S.C. 1446).
(9) Title III (7
U.S.C. 1447 et seq.).
(10) Title IV (7
U.S.C. 1421 et seq.), other than sections 404, 412, and 416 (7 U.S.C. 1424,
1429, and 1431).
(11) Title V (7 U.S.C.
1461 et seq.).
(12) Title VI (7
U.S.C. 1471 et seq.).
(c)
Suspension of
certain quota provisions
The joint resolution entitled A
joint resolution relating to corn and wheat marketing quotas under the
Agricultural Adjustment Act of 1938, as amended, approved May 26, 1941
(7 U.S.C. 1330, 1340), shall not be applicable to the crops of wheat planted
for harvest in the calendar years 2014 through 2018.
1603.
Payment
limitations
(a)
In
general
Section 1001 of the Food Security Act of 1985 (7 U.S.C.
1308) is amended by striking subsections (b) and (c) and inserting the
following:
(b)
Limitation on
payments for covered commodities (other than peanuts)
(1)
In
general
The total amount of
payments received, directly or indirectly, by a person or legal entity (except
a joint venture or general partnership) for any crop year under section 1101(c)
of the Federal Agriculture Reform and Risk
Management Act of 2013 and subsections (b) and (c) of section
1107 of such Act (other than peanuts) may not exceed $125,000.
(2)
Additional
limitation on payments related to upland cotton
The total amount of direct payments
received, directly or indirectly, by a person or legal entity (except a joint
venture or a general partnership) for each of the 2014 and 2015 crop years
under section 1101(c) of the Federal
Agriculture Reform and Risk Management Act of 2013 may not exceed
$40,000.
(c)
Limitation on
payments for peanuts
The total amount of payments received,
directly or indirectly, by a person or legal entity (except a joint venture or
general partnership) for any crop year under subtitle A of title I of the
Federal Agriculture Reform and Risk
Management Act of 2013 for peanuts may not exceed
$125,000.
.
(b)
Conforming
amendments
(1) Section 1001(f) of
the Food Security Act of 1985 (7 U.S.C. 1308(f)) is amended by striking
or title XII each place it appears in paragraphs (5)(A) and
(6)(A) and inserting , title I of the Federal Agriculture Reform and Risk Management Act of
2013, or title XII.
(2) Section 1001C(a)
of the Food Security Act of 1985 (7 U.S.C. 1308–3(a)) is amended by inserting
title I of the Federal Agriculture
Reform and Risk Management Act of 2013, after
2008,.
(c)
Application
The
amendments made by this section shall apply beginning with the 2014 crop
year.
1604.
Adjusted gross
income limitation
(a)
Limitations and
covered benefits
Section
1001D(b) of the Food Security Act of 1985 (7 U.S.C. 1308–3a(b)) is
amended—
(1) in the subsection
heading, by striking Limitations and inserting
Limitations on Commodity
and Conservation Programs;
(2) by striking
paragraphs (1) and (2) and inserting the following new paragraphs:
(1)
Limitation
Notwithstanding any other provision of law,
a person or legal entity shall not be eligible to receive any benefit described
in paragraph (2) during a crop, fiscal, or program year, as appropriate, if the
average adjusted gross income of the person or legal entity exceeds
$950,000.
(2)
Covered
benefits
Paragraph (1)
applies with respect to a payment or benefit under subtitle A, B, or E of title
I, or title II of the Federal Agriculture
Reform and Risk Management Act of 2013, title II of the Farm
Security and Rural Investment Act of 2002, title II of the Food, Conservation,
and Energy Act of 2008, title XII of the Food Security Act of 1985, section
524(b) of the Federal Crop Insurance Act (7 U.S.C. 1524(b)), or section 196 of
the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
7333).
.
(b)
Elimination of
unused definitions
Paragraph
(1) of section 1001D(a) of the Food Security Act of 1985 (7 U.S.C. 1308–3a(a))
is amended to read as follows:
(1)
Average adjusted
gross income
In this section,
the term average adjusted gross income, with respect to a person
or legal entity, means the average of the adjusted gross income or comparable
measure of the person or legal entity over the 3 taxable years preceding the
most immediately preceding complete taxable year, as determined by the
Secretary.
.
(c)
Income
determination
Section 1001D of the Food Security Act of 1985 (7
U.S.C. 1308–3a) is amended—
(1) by striking
subsection (c); and
(2) by redesignating
subsections (d), (e), and (f) as subsections (c), (d), and (e),
respectively.
(d)
Conforming
amendments
Section 1001D of
the Food Security Act of 1985 (7 U.S.C. 1308–3a) is amended—
(1) in subsection
(a)(2)—
(A) by striking
subparagraph (A) or (B) of; and
(B) by striking
, the average adjusted gross farm income, and the average adjusted gross
nonfarm income;
(2) in subsection (a)(3), by striking ,
average adjusted gross farm income, and average adjusted gross nonfarm
income both places it appears;
(3) in subsection (c)
(as redesignated by subsection (c)(2) of this section)—
(A) in paragraph (1), by striking ,
average adjusted gross farm income, and average adjusted gross nonfarm
income both places it appears; and
(B) in paragraph (2),
by striking paragraphs (1)(C) and (2)(B) of subsection (b) and
inserting subsection (b)(2); and
(4) in subsection (d)
(as redesignated by subsection (c)(2) of this section)—
(A) by striking paragraphs (1)(C) and
(2)(B) of subsection (b) and inserting subsection
(b)(2); and
(B) by striking , average adjusted gross
farm income, or average adjusted gross nonfarm income.
(e)
Effective
period
Subsection (e) of
section 1001D of the Food Security Act of 1985 (7 U.S.C. 1308–3a), as
redesignated by subsection (c)(2) of this section, is amended by striking
2009 through 2012 and inserting 2014 through
2018.
(f)
Limitation on
applicability
Section 1001(d)
of the Food Security Act of 1985 (7 U.S.C. 1308) is amended by inserting before
the period at the end the following: or title I of the
Federal Agriculture Reform and Risk
Management Act of 2013.
(g)
Transition
Section 1001D of the Food Security Act of
1985 (7 U.S.C. 1308-3a), as in effect on the day before the date of the
enactment of this Act, shall apply with respect to the 2013 crop, fiscal, or
program year, as appropriate, for each program described in paragraphs (1)(C)
and (2)(B) of subsection (b) of that section (as so in effect on that
day).
1605.
Geographically
disadvantaged farmers and ranchers
Section 1621(d) of the Food, Conservation,
and Energy Act of 2008 (7 U.S.C. 8792(d)) is amended by striking
2012 and inserting 2018.
1606.
Personal
liability of producers for deficiencies
Section 164 of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7284) is amended by striking
and title I of the Food, Conservation, and Energy Act of 2008
each place it appears and inserting title I of the Food, Conservation,
and Energy Act of 2008 (7 U.S.C. 8702 et seq.), and title I of the
Federal Agriculture Reform and Risk
Management Act of 2013.
1607.
Prevention of
deceased individuals receiving payments under farm commodity programs
(a)
Reconciliation
At
least twice each year, the Secretary shall reconcile social security numbers of
all individuals who receive payments under this title, whether directly or
indirectly, with the Commissioner of Social Security to determined if the
individuals are alive.
(b)
Preclusion
The
Secretary shall preclude the issuance of payments to, and on behalf of,
deceased individuals that were not eligible for payments.
1608.
Technical
corrections
(a)
Missing
punctuation
Section 359f(c)(1)(B) of the Agricultural Adjustment
Act of 1938 (7 U.S.C. 1359ff(c)(1)(B)) is amended by adding a period at the
end.
(b)
Erroneous cross
reference
(1)
Amendment
Section 1603(g) of the Food, Conservation,
and Energy Act of 2008 (Public Law 110–246; 122 Stat. 1739) is amended in
paragraphs (2) through (6) and the amendments made by those paragraphs by
striking 1703(a) each place it appears and inserting
1603(a).
(2)
Effective
date
This subsection and the amendments made by this subsection
take effect as if included in the Food, Conservation, and Energy Act of 2008
(Public Law 110–246; 122 Stat. 1651).
(c)
Continued
applicability of appropriations general provision
Section 767 of
division A of Public Law 108–7 (7 U.S.C. 7911 note; 117 Stat. 48) is
amended—
(1) in subsection
(a)—
(A) by striking
sections 1101 and 1102 of Public Law 107–171 and inserting
subtitle A of title I of the Federal
Agriculture Reform and Risk Management Act of 2013;
and
(B) by striking
such section 1102 and inserting such subtitle;
and
(2) by striking
subsection (b) and inserting the following new subsection:
(b) This section, as amended by section 1608(c)
of the Federal Agriculture Reform and Risk
Management Act of 2013, shall take effect beginning with the 2014
crop
year.
.
1609.
Assignment of
payments
(a)
In
general
The provisions of section 8(g) of the Soil Conservation
and Domestic Allotment Act (16 U.S.C. 590h(g)), relating to assignment of
payments, shall apply to payments made under this title.
(b)
Notice
The
producer making the assignment, or the assignee, shall provide the Secretary
with notice, in such manner as the Secretary may require, of any assignment
made under this section.
1610.
Tracking of
benefits
As soon as
practicable after the date of enactment of this Act, the Secretary may track
the benefits provided, directly or indirectly, to individuals and entities
under titles I and II and the amendments made by those titles.
1611.
Signature
authority
(a)
In
general
In carrying out this title and title II and amendments
made by those titles, if the Secretary approves a document, the Secretary shall
not subsequently determine the document is inadequate or invalid because of the
lack of authority of any person signing the document on behalf of the applicant
or any other individual, entity, general partnership, or joint venture, or the
documents relied upon were determined inadequate or invalid, unless the person
signing the program document knowingly and willfully falsified the evidence of
signature authority or a signature.
(b)
Affirmation
(1)
In
general
Nothing in this section prohibits the Secretary from
asking a proper party to affirm any document that otherwise would be considered
approved under subsection (a).
(2)
No retroactive
effect
A denial of benefits based on a lack of affirmation under
paragraph (1) shall not be retroactive with respect to third-party producers
who were not the subject of the erroneous representation of authority, if the
third-party producers—
(A) relied on the
prior approval by the Secretary of the documents in good faith; and
(B) substantively
complied with all program requirements.
1612.
Implementation
(a)
Streamlining
In
implementing this title, the Secretary shall, to the maximum extent
practicable—
(1) seek to reduce
administrative burdens and costs to producers by streamlining and reducing
paperwork, forms, and other administrative requirements;
(2) improve
coordination, information sharing, and administrative work with the Risk
Management Agency and the Natural Resources Conservation Service; and
(3) take advantage of
new technologies to enhance efficiency and effectiveness of program delivery to
producers.
(b)
Maintenance of
base acres and payment yields
(1)
In
general
The Secretary shall maintain through September 30, 2018,
for each covered commodity and upland cotton, base acres and payment yields on
a farm established under—
(A)
(i) in the case of covered
commodities and upland cotton, sections 1101 and 1102 of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 7911, 7912); and
(ii) in the case of peanuts, section
1302 of that Act (7 U.S.C. 7952); and
(B)
(i) in the case of covered commodities and
upland cotton, sections 1101 and 1102 of the Food, Conservation, and Energy Act
of 2008 (7 U.S.C. 8711, 8712); and
(ii) in the case of peanuts, section
1302 of that Act (7 U.S.C. 8752).
(2)
Special rule
for long grain and medium grain rice
(A)
In
general
The Secretary shall maintain separate base acres for long
grain rice and medium grain rice.
(B)
Limitation
In
carrying out this paragraph, the Secretary shall use the same total base acres
and payment yields established with respect to rice under sections 1108 of the
Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8718), as in effect on the
day before the date of enactment of this Act, subject to any adjustment under
section 1105.
(c)
Implementation
The
Secretary shall make available to the Farm Service Agency to carry out this
title $100,000,000.
II
Conservation
A
Conservation
Reserve Program
2001.
Extension and
enrollment requirements of conservation reserve program
(a)
Extension
Section 1231(a) of the Food Security Act of
1985 (16 U.S.C. 3831(a)) is amended by striking 2012 and
inserting 2018.
(b)
Eligible
land
Section 1231(b) of the
Food Security Act of 1985 (16 U.S.C. 3831(b)) is amended—
(1) in paragraph
(1)(B), by striking the date of enactment of the Food, Conservation, and
Energy Act of 2008 and inserting the date of the enactment of
the Federal Agriculture Reform and Risk Management Act of 2013;
(2) by striking
paragraph (2) and redesignating paragraph (3) as paragraph (2);
(3) by inserting
before paragraph (4) the following new paragraph:
(3) grasslands that—
(A) contain forbs or
shrubland (including improved rangeland and pastureland) for which grazing is
the predominant use;
(B) are located in an
area historically dominated by grasslands; and
(C) could provide
habitat for animal and plant populations of significant ecological value if the
land is retained in its current use or restored to a natural
condition;
;
(4) in paragraph
(4)(C), by striking filterstrips devoted to trees or shrubs and
inserting filterstrips or riparian buffers devoted to trees, shrubs, or
grasses; and
(5) by striking
paragraph (5) and inserting the following new paragraph:
(5) the portion of land in a field not enrolled
in the conservation reserve in a case in which—
(A) more than 50
percent of the land in the field is enrolled as a buffer or filterstrip, or
more than 75 percent of the land in the field is enrolled as a conservation
practice other than as a buffer or filterstrip; and
(B) the remainder of
the field is—
(i) infeasible to
farm; and
(ii) enrolled at
regular rental
rates.
.
(c)
Planting Status
of Certain Land
Section
1231(c) of the Food Security Act of 1985 (16 U.S.C. 3831(c)) is amended by
striking if and all that follows through the period at the end
and inserting if, during the crop year, the land was devoted to a
conserving use..
(d)
Enrollment
Subsection (d) of section 1231 of the Food
Security Act of 1985 (16 U.S.C. 3831) is amended to read as follows:
(d)
Enrollment
(1)
Maximum acreage
enrolled
The Secretary may
maintain in the conservation reserve at any one time during—
(A) fiscal year 2014, no more than 27,500,000
acres;
(B) fiscal year 2015, no more than 26,000,000
acres;
(C) fiscal year 2016,
no more than 25,000,000 acres;
(D) fiscal year 2017,
no more than 24,000,000 acres; and
(E) fiscal year 2018,
no more than 24,000,000 acres.
(2)
Grasslands
(A)
Limitation
For purposes of applying the limitations in
paragraph (1), no more than 2,000,000 acres of the land described in subsection
(b)(3) may be enrolled in the program at any one time during the 2014 through
2018 fiscal years.
(B)
Priority
In
enrolling acres under subparagraph (A), the Secretary may give priority to land
with expiring conservation reserve program contracts.
(C)
Method of
enrollment
In enrolling acres
under subparagraph (A), the Secretary shall make the program available to
owners or operators of eligible land on a continuous enrollment basis with one
or more ranking
periods.
.
(e)
Duration of
contract
Section 1231(e) of
the Food Security Act of 1985 (16 U.S.C. 3831(e)) is amended by striking
paragraphs (2) and (3) and inserting the following new paragraph:
(2)
Special rule for
certain land
In the case of
land devoted to hardwood trees, shelterbelts, windbreaks, or wildlife corridors
under a contract entered into under this subchapter, the owner or operator of
the land may, within the limitations prescribed under paragraph (1), specify
the duration of the
contract.
.
(f)
Conservation
priority areas
Section
1231(f) of the Food Security Act of 1985 (16 U.S.C. 3831(f)) is amended—
(1) in paragraph (1),
by striking watershed areas of the Chesapeake Bay Region, the Great
Lakes Region, the Long Island Sound Region, and other;
(2) in paragraph (2),
by striking watersheds.—Watersheds and inserting
areas.—Areas; and
(3) in paragraph (3),
by striking a watershed’s designation— and all that follows
through the period at the end and inserting an area’s designation if the
Secretary finds that the area no longer contains actual and significant adverse
water quality or habitat impacts related to agricultural production
activities..
2002.
Farmable
wetland program
(a)
Extension
Section 1231B(a)(1) of the Food Security
Act of 1985 (16 U.S.C. 3831b(a)(1)) is amended—
(1) by striking
2012 and inserting 2018; and
(2) by striking
a program and inserting a farmable wetland
program.
(b)
Eligible
acreage
Section 1231B(b)(1)(B) of the Food Security Act of 1985
(16 U.S.C. 3831b(b)(1)(B)) is amended by striking flow from a row crop
agriculture drainage system and inserting surface and subsurface
flow from row crop agricultural production.
(c)
Acreage
limitation
Section
1231B(c)(1)(B) of the Food Security Act of 1985 (16 U.S.C. 3831b(c)(1)(B)) is
amended by striking 1,000,000 and inserting
750,000.
(d)
Clerical
amendment
The heading of section 1231B of the Food Security Act
of 1985 (16 U.S.C. 3831b) is amended to read as follows: Farmable wetland
program.
2003.
Duties of
owners and operators
(a)
Limitation on
harvesting, grazing, or commercial use of forage
Section 1232(a)(8) of the Food Security Act
of 1985 (16 U.S.C. 3832(a)(8)) is amended by striking except
that and all that follows through the semicolon at the end of the
paragraph and inserting except as provided in subsection (b) or (c) of
section 1233;.
(b)
Conservation
plan requirements
Subsection
(b) of section 1232 of the Food Security Act of 1985 (16 U.S.C. 3832) is
amended to read as follows:
(b)
Conservation
plans
The plan referred to in
subsection (a)(1) shall set forth—
(1) the conservation
measures and practices to be carried out by the owner or operator during the
term of the contract; and
(2) the commercial
use, if any, to be permitted on the land during the
term.
.
(c)
Rental payment
reduction
Section 1232 of the
Food Security Act of 1985 (16 U.S.C. 3832) is amended by striking subsection
(d).
2004.
Duties of the
Secretary
Section 1233 of the
Food Security Act of 1985 (16 U.S.C. 3833) is amended to read as
follows:
1233.
Duties of the
Secretary
(a)
Cost-share and
rental payments
In return for
a contract entered into by an owner or operator under the conservation reserve
program, the Secretary shall—
(1) share the cost of
carrying out the conservation measures and practices set forth in the contract
for which the Secretary determines that cost sharing is appropriate and in the
public interest; and
(2) for a period of
years not in excess of the term of the contract, pay an annual rental payment
in an amount necessary to compensate for—
(A) the conversion of
highly erodible cropland or other eligible lands normally devoted to the
production of an agricultural commodity on a farm or ranch to a less intensive
use;
(B) the retirement of any base history that the
owner or operator agrees to retire permanently; and
(C) the development
and management of grasslands for multiple natural resource conservation
benefits, including to soil, water, air, and wildlife.
(b)
Specified
activities permitted
The
Secretary shall permit certain activities or commercial uses of land that is
subject to a contract under the conservation reserve program in a manner that
is consistent with a plan approved by the Secretary, as follows:
(1) Harvesting,
grazing, or other commercial use of the forage in response to a drought or
other emergency created by a natural disaster, without any reduction in the
rental rate.
(2) Consistent with the conservation of soil,
water quality, and wildlife habitat (including habitat during nesting seasons
for birds in the area), and in exchange for a reduction of not less than 25
percent in the annual rental rate for the acres covered by the authorized
activity—
(A) managed harvesting
and other commercial use (including the managed harvesting of biomass), except
that in permitting managed harvesting, the Secretary, in coordination with the
State technical committee—
(i) shall develop
appropriate vegetation management requirements; and
(ii) shall identify
periods during which managed harvesting may be conducted, such that the
frequency is not more than once every three years;
(B) routine grazing or
prescribed grazing for the control of invasive species, except that in
permitting such routine grazing or prescribed grazing, the Secretary, in
coordination with the State technical committee—
(i) shall develop
appropriate vegetation management requirements and stocking rates for the land
that are suitable for continued routine grazing; and
(ii) shall identify
the periods during which routine grazing may be conducted, such that the
frequency is not more than once every two years, taking into consideration
regional differences such as—
(I) climate, soil
type, and natural resources;
(II) the number of
years that should be required between routine grazing activities; and
(III) how often during
a year in which routine grazing is permitted that routine grazing should be
allowed to occur; and
(C) the installation
of wind turbines and associated access, except that in permitting the
installation of wind turbines, the Secretary shall determine the number and
location of wind turbines that may be installed, taking into account—
(i) the location,
size, and other physical characteristics of the land;
(ii) the extent to
which the land contains wildlife and wildlife habitat; and
(iii) the purposes of
the conservation reserve program under this subchapter.
(3) The intermittent
and seasonal use of vegetative buffer practices incidental to agricultural
production on lands adjacent to the buffer such that the permitted use does not
destroy the permanent vegetative cover.
(c)
Authorized
activities on grasslands
For
eligible land described in section 1231(b)(3), the Secretary shall permit the
following activities:
(1) Common grazing
practices, including maintenance and necessary cultural practices, on the land
in a manner that is consistent with maintaining the viability of grassland,
forb, and shrub species appropriate to that locality.
(2) Haying, mowing, or
harvesting for seed production, subject to appropriate restrictions during the
nesting season for critical bird species in the area.
(3) Fire
presuppression, fire-related rehabilitation, and construction of fire
breaks.
(4) Grazing-related
activities, such as fencing and livestock watering.
(d)
Resource
conserving use
(1)
In
general
Beginning on the date
that is 1 year before the date of termination of a contract under the program,
the Secretary shall allow an owner or operator to make conservation and land
improvements that facilitate maintaining protection of enrolled land after
expiration of the contract.
(2)
Conservation
plan
The Secretary shall require an owner or operator carrying
out the activities described in paragraph (1) to develop and implement a
conservation plan.
(3)
Re-enrollment
prohibited
Land improved under paragraph (1) may not be
re-enrolled in the conservation reserve program for 5 years after the date of
termination of the
contract.
.
2005.
Payments
(a)
Trees,
windbreaks, shelterbelts, and wildlife corridors
Section 1234(b)(3)(A) of the Food Security
Act of 1985 (16 U.S.C. 3834(b)(3)(A)) is amended—
(1) in clause (i), by
inserting and after the semicolon;
(2) by striking clause
(ii); and
(3) by redesignating
clause (iii) as clause (ii).
(b)
Annual rental
payments
Section 1234(c) of
the Food Security Act of 1985 (16 U.S.C. 3834(c)) is amended—
(1) in paragraph (1),
by inserting or other eligible lands after highly
erodible cropland both places it appears; and
(2) by striking
paragraph (2) and inserting the following new paragraph:
(2)
Methods of
Determination
(A)
In
general
The amounts payable
to owners or operators in the form of rental payments under contracts entered
into under this subchapter may be determined through—
(i) the submission of
bids for such contracts by owners and operators in such manner as the Secretary
may prescribe; or
(ii) such other means
as the Secretary determines are appropriate.
(B)
Grasslands
In
the case of eligible land described in section 1231(b)(3), the Secretary shall
make annual payments in an amount that is not more than 75 percent of the
grazing value of the land covered by the
contract.
.
(c)
Payment
schedule
Subsection (d) of
section 1234 of the Food Security Act of 1985 (16 U.S.C. 3834) is amended to
read as follows:
(d)
Payment
schedule
(1)
In
general
Except as otherwise
provided in this section, payments under this subchapter shall be made in cash
in such amount and on such time schedule as is agreed on and specified in the
contract.
(2)
Advance
payment
Payments under this
subchapter may be made in advance of determination of
performance.
.
(d)
Payment
limitation
Section 1234(f) of
the Food Security Act of 1985 (16 U.S.C. 3834(f)) is amended—
(1) in paragraph (1),
by striking , including rental payments made in the form of in-kind
commodities,;
(2) by striking
paragraph (3); and
(3) by redesignating
paragraph (4) as paragraph (2).
2006.
Contract
requirements
(a)
Early
termination by owner or operator
Section 1235(e) of the Food Security Act of
1985 (16 U.S.C. 3835(e)) is amended—
(1) in paragraph
(1)(A)—
(A) by striking
The Secretary and inserting During fiscal year 2014, the
Secretary; and
(B) by striking
before January 1, 1995,;
(2) in paragraph (2),
by striking subparagraph (C) and inserting the following:
(C) Land devoted to
hardwood trees.
(D) Wildlife habitat,
duck nesting habitat, pollinator habitat, upland bird habitat buffer, wildlife
food plots, State acres for wildlife enhancement, shallow water areas for
wildlife, and rare and declining habitat.
(E) Farmable wetland
and restored wetland.
(F) Land that contains
diversions, erosion control structures, flood control structures, contour grass
strips, living snow fences, salinity reducing vegetation, cross wind trap
strips, and sediment retention structures.
(G) Land located
within a federally-designated wellhead protection area.
(H) Land that is
covered by an easement under the conservation reserve program.
(I) Land located within an average width,
according to the applicable Natural Resources Conservation Service field office
technical guide, of a perennial stream or permanent water
body.
;
and
(3) in paragraph (3), by striking 60
days after the date on which the owner or operator submits the notice required
under paragraph (1)(C) and inserting upon approval by the
Secretary.
(b)
Transition
option for certain farmers or ranchers
Section 1235(f) of the Food Security Act of
1985 (16 U.S.C. 3835(f)) is amended—
(1) in paragraph
(1)—
(A) in the matter
preceding subparagraph (A), by striking Duties and all that
follows through a beginning farmer and inserting
Transition to covered
farmer or rancher.—In the case of a contract modification
approved in order to facilitate the transfer of land subject to a contract from
a retired farmer or rancher to a beginning farmer;
(B) in subparagraph
(A)(i), by inserting , including preparing to plant an agricultural
crop after improvements;
(C) in subparagraph
(D), by striking the farmer or rancher and inserting the
covered farmer or rancher; and
(D) in subparagraph
(E), by striking section 1001A(b)(3)(B) and inserting
section 1001; and
(2) in paragraph (2),
by striking requirement of section 1231(h)(4)(B) and inserting
option pursuant to section 1234(c)(2)(A)(ii).
(c)
Final year
contract
Section 1235 of the Food Security Act of 1985 (16 U.S.C.
3835) is amended by adding at the end the following new subsections:
(g)
Final year of
contract
The Secretary shall not consider an owner or operator to
be in violation of a term or condition of the conservation reserve contract
if—
(1) during the year
prior to expiration of the contract, the land is enrolled in the conservation
stewardship program; and
(2) the activity
required under the conservation stewardship program pursuant to such enrollment
is consistent with this subchapter.
(h)
Land enrolled in
agricultural conservation easement program
The Secretary may
terminate or modify a contract entered into under this subchapter if eligible
land that is subject to such contract is transferred into the agricultural
conservation easement program under subtitle
H.
.
2007.
Conversion of
land subject to contract to other conserving uses
Section 1235A of the Food Security Act of
1985 (16 U.S.C. 3835a) is repealed.
2008.
Effective
date
(a)
In
general
The amendments made
by this subtitle shall take effect on October 1, 2013, except the amendment
made by section 2001(d), which shall take effect on the date of the enactment
of this Act.
(b)
Effect on
existing contracts
(1)
In
general
Except as provided in
paragraph (2), the amendments made by this subtitle shall not affect the
validity or terms of any contract entered into by the Secretary of Agriculture
under subchapter B of chapter 1 of subtitle D of title XII of the Food Security
Act of 1985 (16 U.S.C. 3831 et seq.) before October 1, 2013, or any payments
required to be made in connection with the contract.
(2)
Updating of
existing contracts
The
Secretary shall permit an owner or operator of land subject to a contract
entered into under subchapter B of chapter 1 of subtitle D of title XII of the
Food Security Act of 1985 (16 U.S.C. 3831 et seq.) before October 1, 2013, to
update the contract to reflect the activities and uses of land under contract
permitted under the terms and conditions of section 1233(b) of that Act (as
amended by section 2004), as determined appropriate by the Secretary.
B
Conservation
Stewardship Program
2101.
Conservation
stewardship program
(a)
Revision of
current program
Subchapter B
of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 (16
U.S.C. 3838d et seq.) is amended to read as follows:
B
Conservation
stewardship program
1238D.
Definitions
In this subchapter:
(1)
Agricultural
operation
The term
agricultural operation means all eligible land, whether or not
contiguous, that is—
(A) under the
effective control of a producer at the time the producer enters into a contract
under the program; and
(B) operated with
equipment, labor, management, and production or cultivation practices that are
substantially separate from other agricultural operations, as determined by the
Secretary.
(2)
Conservation
activities
(A)
In
general
The term conservation activities means
conservation systems, practices, or management measures.
(B)
Inclusions
The
term conservation activities includes—
(i) structural
measures, vegetative measures, and land management measures, including
agriculture drainage management systems, as determined by the Secretary;
and
(ii) planning needed
to address a priority resource concern.
(3)
Conservation
stewardship plan
The term conservation stewardship
plan means a plan that—
(A) identifies and
inventories priority resource concerns;
(B) establishes
benchmark data and conservation objectives;
(C) describes
conservation activities to be implemented, managed, or improved; and
(D) includes a
schedule and evaluation plan for the planning, installation, and management of
the new and existing conservation activities.
(4)
Eligible
land
(A)
In
general
The term eligible land means—
(i) private or tribal
land on which agricultural commodities, livestock, or forest-related products
are produced; and
(ii) lands associated
with the land described in clause (i) on which priority resource concerns could
be addressed through a contract under the program.
(B)
Inclusions
The
term eligible land includes—
(i) cropland;
(ii) grassland;
(iii) rangeland;
(iv) pasture
land;
(v) nonindustrial
private forest land; and
(vi) other
agricultural areas (including cropped woodland, marshes, and agricultural land
used or capable of being used for the production of livestock), as determined
by the Secretary.
(5)
Priority
resource concern
The term priority resource concern
means a natural resource concern or problem, as determined by the Secretary,
that—
(A) is identified at
the national, State, or local level as a priority for a particular area of a
State;
(B) represents a
significant concern in a State or region; and
(C) is likely to be
addressed successfully through the implementation of conservation activities
under this program.
(6)
Program
The
term program means the conservation stewardship program
established by this subchapter.
(7)
Stewardship
threshold
The term stewardship threshold means the
level of management required, as determined by the Secretary, to conserve and
improve the quality and condition of a natural resource.
1238E.
Conservation
stewardship program
(a)
Establishment
and purpose
During each of fiscal years 2014 through 2018, the
Secretary shall carry out a conservation stewardship program to encourage
producers to address priority resource concerns in a comprehensive
manner—
(1) by undertaking
additional conservation activities; and
(2) by improving,
maintaining, and managing existing conservation activities.
(b)
Exclusions
(1)
Land enrolled in
other conservation programs
Subject to paragraph (2), the
following land (even if covered by the definition of eligible land) is not
eligible for enrollment in the program:
(A) Land enrolled in
the conservation reserve program, unless—
(i) the conservation reserve contract will
expire at the end of the fiscal year in which the land is to be enrolled in the
program; and
(ii) conservation reserve program payments for
land enrolled in the program cease before the first program payment is made to
the applicant under this subchapter.
(B) Land enrolled in a
wetland easement through the agricultural conservation easement program.
(C) Land enrolled in
the conservation security program.
(2)
Conversion to
cropland
Eligible land used for crop production after October 1,
2013, that had not been planted, considered to be planted, or devoted to crop
production for at least 4 of the 6 years preceding that date shall not be the
basis for any payment under the program, unless the land does not meet the
requirement because—
(A) the land had
previously been enrolled in the conservation reserve program;
(B) the land has been
maintained using long-term crop rotation practices, as determined by the
Secretary; or
(C) the land is
incidental land needed for efficient operation of the farm or ranch, as
determined by the Secretary.
1238F.
Stewardship
contracts
(a)
Submission of
contract offers
To be eligible to participate in the conservation
stewardship program, a producer shall submit to the Secretary a contract offer
for the agricultural operation that—
(1) demonstrates to
the satisfaction of the Secretary that the producer, at the time of the
contract offer, meets or exceeds the stewardship threshold for at least 2
priority resource concerns; and
(2) would, at a
minimum, meet or exceed the stewardship threshold for at least 1 additional
priority resource concern by the end of the stewardship contract by—
(A) installing and
adopting additional conservation activities; and
(B) improving, maintaining, and managing
existing conservation activities across the entire agricultural operation in a
manner that increases or extends the conservation benefits in place at the time
the contract offer is accepted by the Secretary.
(b)
Evaluation of
contract offers
(1)
Ranking of
applications
In evaluating contract offers submitted under
subsection (a), the Secretary shall rank applications based on—
(A) the level of
conservation treatment on all applicable priority resource concerns at the time
of application;
(B) the degree to
which the proposed conservation activities effectively increase conservation
performance;
(C) the number of
applicable priority resource concerns proposed to be treated to meet or exceed
the stewardship threshold by the end of the contract;
(D) the extent to
which other priority resource concerns will be addressed to meet or exceed the
stewardship threshold by the end of the contract period;
(E) the extent to
which the actual and anticipated conservation benefits from the contract are
provided at the least cost relative to other similarly beneficial contract
offers; and
(F) the extent to
which priority resource concerns will be addressed when transitioning from the
conservation reserve program to agricultural production.
(2)
Prohibition
The
Secretary may not assign a higher priority to any application because the
applicant is willing to accept a lower payment than the applicant would
otherwise be eligible to receive.
(3)
Additional
criteria
The Secretary may develop and use such additional
criteria that the Secretary determines are necessary to ensure that national,
State, and local priority resource concerns are effectively addressed.
(c)
Entering into
contracts
After a determination that a producer is eligible for
the program under subsection (a), and a determination that the contract offer
ranks sufficiently high under the evaluation criteria under subsection (b), the
Secretary shall enter into a conservation stewardship contract with the
producer to enroll the eligible land to be covered by the contract.
(d)
Contract
provisions
(1)
Term
A
conservation stewardship contract shall be for a term of 5 years.
(2)
Required
provisions
The conservation stewardship contract of a producer
shall—
(A) state the amount
of the payment the Secretary agrees to make to the producer for each year of
the conservation stewardship contract under section 1238G(d);
(B) require the
producer—
(i) to implement a
conservation stewardship plan that describes the program purposes to be
achieved through 1 or more conservation activities;
(ii) to maintain and
supply information as required by the Secretary to determine compliance with
the conservation stewardship plan and any other requirements of the program;
and
(iii) not to conduct any activities on the
agricultural operation that would tend to defeat the purposes of the
program;
(C) permit all
economic uses of the eligible land that—
(i) maintain the
agricultural nature of the land; and
(ii) are consistent
with the conservation purposes of the conservation stewardship contract;
(D) include a
provision to ensure that a producer shall not be considered in violation of the
contract for failure to comply with the contract due to circumstances beyond
the control of the producer, including a disaster or related condition, as
determined by the Secretary;
(E) include provisions
requiring that upon the violation of a term or condition of the contract at any
time the producer has control of the land—
(i) if the Secretary
determines that the violation warrants termination of the contract—
(I) the producer shall
forfeit all rights to receive payments under the contract; and
(II) the producer shall refund all or a portion
of the payments received by the producer under the contract, including any
interest on the payments, as determined by the Secretary; or
(ii) if the Secretary determines that the
violation does not warrant termination of the contract, the producer shall
refund or accept adjustments to the payments provided to the producer, as the
Secretary determines to be appropriate;
(F) include provisions
in accordance with paragraphs (3) and (4) of this section; and
(G) include any
additional provisions the Secretary determines are necessary to carry out the
program.
(3)
Change of
interest in land subject to a contract
(A)
In
general
At the time of application, a producer shall have control
of the eligible land to be enrolled in the program. Except as provided in
subparagraph (B), a change in the interest of a producer in eligible land
covered by a contract under the program shall result in the termination of the
contract with regard to that land.
(B)
Transfer of
duties and rights
Subparagraph (A) shall not apply if—
(i) within a
reasonable period of time (as determined by the Secretary) after the date of
the change in the interest in eligible land covered by a contract under the
program, the transferee of the land provides written notice to the Secretary
that all duties and rights under the contract have been transferred to, and
assumed by, the transferee for the portion of the land transferred;
(ii) the transferee
meets the eligibility requirements of the program; and
(iii) the Secretary
approves the transfer of all duties and rights under the contract.
(4)
Modification and
termination of contracts
(A)
Voluntary
modification or termination
The Secretary may modify or terminate
a contract with a producer if—
(i) the producer
agrees to the modification or termination; and
(ii) the Secretary
determines that the modification or termination is in the public
interest.
(B)
Involuntary
termination
The Secretary may terminate a contract if the
Secretary determines that the producer violated the contract.
(5)
Repayment
If
a contract is terminated, the Secretary may, consistent with the purposes of
the program—
(A) allow the producer
to retain payments already received under the contract; or
(B) require repayment,
in whole or in part, of payments received and assess liquidated damages.
(e)
Contract
renewal
At the end of the initial 5-year contract period, the
Secretary may allow the producer to renew the contract for 1 additional 5-year
period if the producer—
(1) demonstrates
compliance with the terms of the initial contract;
(2) agrees to adopt
and continue to integrate conservation activities across the entire
agricultural operation, as determined by the Secretary; and
(3) agrees, by the end of the contract
period—
(A) to meet the
stewardship threshold of at least two additional priority resource concerns on
the agricultural operation; or
(B) to exceed the stewardship threshold of two
existing priority resource concerns that are specified by the Secretary in the
initial contract.
1238G.
Duties of the
secretary
(a)
In
general
To achieve the conservation goals of a contract under the
conservation stewardship program, the Secretary shall—
(1) make the program
available to eligible producers on a continuous enrollment basis with 1 or more
ranking periods, one of which shall occur in the first quarter of each fiscal
year;
(2) identify not less
than 5 priority resource concerns in a particular watershed or other
appropriate region or area within a State; and
(3) establish a
science-based stewardship threshold for each priority resource concern
identified under paragraph (2).
(b)
Allocation to
states
The Secretary shall allocate acres to States for
enrollment, based—
(1) primarily on each
State’s proportion of eligible land to the total acreage of eligible land in
all States; and
(2) also on
consideration of—
(A) the extent and
magnitude of the conservation needs associated with agricultural production in
each State;
(B) the degree to
which implementation of the program in the State is, or will be, effective in
helping producers address those needs; and
(C) other
considerations to achieve equitable geographic distribution of funds, as
determined by the Secretary.
(c)
Acreage
enrollment limitation
During the period beginning on October 1,
2013, and ending on September 30, 2021, the Secretary shall, to the maximum
extent practicable—
(1) enroll in the
program an additional 8,695,000 acres for each fiscal year; and
(2) manage the program
to achieve a national average rate of $18 per acre, which shall include the
costs of all financial assistance, technical assistance, and any other expenses
associated with enrollment or participation in the program.
(d)
Conservation
stewardship payments
(1)
Availability of
payments
The Secretary shall provide annual payments under the
program to compensate the producer for—
(A) installing and
adopting additional conservation activities; and
(B) improving,
maintaining, and managing conservation activities in place at the agricultural
operation of the producer at the time the contract offer is accepted by the
Secretary.
(2)
Payment
amount
The amount of the conservation stewardship annual payment
shall be determined by the Secretary and based, to the maximum extent
practicable, on the following factors:
(A) Costs incurred by
the producer associated with planning, design, materials, installation, labor,
management, maintenance, or training.
(B) Income forgone by
the producer.
(C) Expected
conservation benefits.
(D) The extent to
which priority resource concerns will be addressed through the installation and
adoption of conservation activities on the agricultural operation.
(E) The level of
stewardship in place at the time of application and maintained over the term of
the contract.
(F) The degree to
which the conservation activities will be integrated across the entire
agricultural operation for all applicable priority resource concerns over the
term of the contract.
(G) Such other factors
as determined appropriate by the Secretary.
(3)
Exclusions
A
payment to a producer under this subsection shall not be provided for—
(A) the design,
construction, or maintenance of animal waste storage or treatment facilities or
associated waste transport or transfer devices for animal feeding operations;
or
(B) conservation
activities for which there is no cost incurred or income forgone to the
producer.
(4)
Delivery of
payments
In making payments under this subsection, the Secretary
shall, to the extent practicable—
(A) prorate
conservation performance over the term of the contract so as to accommodate, to
the extent practicable, producers earning equal annual payments in each fiscal
year; and
(B) make payments as
soon as practicable after October 1 of each fiscal year for activities carried
out in the previous fiscal year.
(e)
Supplemental
payments for resource-conserving crop rotations
(1)
Availability of
payments
The Secretary shall provide additional payments to
producers that, in participating in the program, agree to adopt or improve
resource-conserving crop rotations to achieve beneficial crop rotations as
appropriate for the eligible land of the producers.
(2)
Beneficial crop
rotations
The Secretary shall determine whether a
resource-conserving crop rotation is a beneficial crop rotation eligible for
additional payments under paragraph (1) based on whether the
resource-conserving crop rotation is designed to provide natural resource
conservation and production benefits.
(3)
Eligibility
To
be eligible to receive a payment described in paragraph (1), a producer shall
agree to adopt and maintain beneficial resource-conserving crop rotations for
the term of the contract.
(4)
Resource-conserving
crop rotation
In this subsection, the term
resource-conserving crop rotation means a crop rotation
that—
(A) includes at least
1 resource conserving crop (as defined by the Secretary);
(B) reduces
erosion;
(C) improves soil
fertility and tilth;
(D) interrupts pest
cycles; and
(E) in applicable
areas, reduces depletion of soil moisture or otherwise reduces the need for
irrigation.
(f)
Payment
limitations
A person or legal entity may not receive, directly or
indirectly, payments under the program that, in the aggregate, exceed $200,000
under all contracts entered into during fiscal years 2013 through 2017,
excluding funding arrangements with Indian tribes, regardless of the number of
contracts entered into under the program by the person or legal entity.
(g)
Specialty crop
and organic producers
The Secretary shall ensure that outreach
and technical assistance are available, and program specifications are
appropriate to enable specialty crop and organic producers to participate in
the program.
(h)
Coordination
with organic certification
The Secretary shall establish a
transparent means by which producers may initiate organic certification under
the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.) while
participating in a contract under the program.
(i)
Regulations
The
Secretary shall promulgate regulations that—
(1) prescribe such
other rules as the Secretary determines to be necessary to ensure a fair and
reasonable application of the limitations established under subsection (f);
and
(2) otherwise enable
the Secretary to carry out the
program.
.
(b)
Effective
date
The amendment made by this section shall take effect on
October 1, 2013.
(c)
Effect on
existing contracts
(1)
In
general
The amendment made by this section shall not affect the
validity or terms of any contract entered into by the Secretary of Agriculture
under subchapter B of chapter 2 of subtitle D of title XII of the Food Security
Act of 1985 (16 U.S.C. 3838d et seq.) before October 1, 2013, or any payments
required to be made in connection with the contract.
(2)
Conservation
stewardship program
Funds
made available under section 1241(a)(4) of the Food Security Act of 1985 (16
U.S.C. 3841(a)(4)) (as amended by section 2601(a) of this title) may be used to
administer and make payments to program participants that enrolled into
contracts during any of fiscal years 2009 through 2013.
C
Environmental
Quality Incentives Program
2201.
Purposes
Section 1240 of the Food Security Act of
1985 (16 U.S.C. 3839aa) is amended—
(1) in paragraph
(3)—
(A) in subparagraph
(A), by striking and at the end;
(B) by redesignating
subparagraph (B) as subparagraph (C) and, in such subparagraph, by inserting
and after the semicolon; and
(C) by inserting after
subparagraph (A) the following new subparagraph:
(B) developing and improving wildlife habitat;
and
;
(2) in paragraph (4),
by striking ; and and inserting a period; and
(3) by striking
paragraph (5).
2202.
Establishment
and administration
Section
1240B of the Food Security Act of 1985 (16 U.S.C. 3839aa–2) is amended—
(1) in subsection (a),
by striking 2014 and inserting 2018;
(2) in subsection (b),
by striking paragraph (2) and inserting the following new paragraph:
(2)
Term
A contract under the program shall have a
term that does not exceed 10 years.
;
(3) in subsection (d)(4)—
(A) in subparagraph (A), in the matter
preceding clause (i), by inserting , veteran farmer or rancher (as
defined in section 2501(e) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 2279(e))), before or a beginning farmer or
rancher; and
(B) by striking
subparagraph (B) and inserting the following new subparagraph:
(B)
Advance
payments
(i)
In
general
Not more than 50
percent of the amount determined under subparagraph (A) may be provided in
advance for the purpose of purchasing materials or contracting.
(ii)
Return of
funds
If funds provided in
advance are not expended during the 90-day period beginning on the date of
receipt of the funds, the funds shall be returned within a reasonable time
frame, as determined by the
Secretary.
;
(4) by striking subsection (f) and inserting
the following new subsection:
(f)
Allocation of
funding
(1)
Livestock
For each of fiscal years 2014 through 2018,
at least 60 percent of the funds made available for payments under the program
shall be targeted at practices relating to livestock production.
(2)
Wildlife
habitat
For each of fiscal
years 2014 through 2018, 5 percent of the funds made available for payments
under the program shall be targeted at practices benefitting wildlife
habitat.
;
(5) in subsection (g)—
(A) in the subsection
heading, by striking Federally Recognized Native American Indian Tribes and Alaska
Native Corporations and inserting
Indian
Tribes;
(B) by striking
federally recognized Native American Indian Tribes and Alaska Native
Corporations (including their affiliated membership organizations) and
inserting Indian tribes; and
(C) by striking
or Native Corporation; and
(6) by adding at the
end the following:
(j)
Wildlife habitat
incentive practice
The
Secretary shall provide payments under the program for conservation practices
that support the restoration, development, and improvement of wildlife habitat
on eligible land, including—
(1) upland wildlife
habitat;
(2) wetland wildlife
habitat;
(3) habitat for
threatened and endangered species;
(4) fish
habitat;
(5) habitat on pivot
corners and other irregular areas of a field; and
(6) other types of
wildlife habitat, as determined appropriate by the
Secretary.
.
2203.
Evaluation of
applications
Section 1240C(b)
of the Food Security Act of 1985 (16 U.S.C. 3839aa–3(b)) is amended—
(1) in paragraph (1),
by striking environmental and inserting
conservation; and
(2) in paragraph (3),
by striking purpose of the environmental quality incentives program
specified in section 1240(1) and inserting purposes of the
program.
2204.
Duties of
producers
Section 1240D(2) of
the Food Security Act of 1985 (16 U.S.C. 3839aa–4(2)) is amended by striking
farm, ranch, or forest and inserting
enrolled.
2205.
Limitation on
payments
Section 1240G of the
Food Security Act of 1985 (16 U.S.C. 3839aa–7) is amended to read as
follows:
1240G.
Limitation on
payments
A person or legal
entity may not receive, directly or indirectly, cost share or incentive
payments under this chapter that, in aggregate, exceed $450,000 for all
contracts entered into under this chapter by the person or legal entity during
the period of fiscal years 2014 through 2018, regardless of the number of
contracts entered into under this chapter by the person or legal
entity.
.
2206.
Conservation
innovation grants and payments
Section 1240H of the Food Security Act of
1985 (16 U.S.C. 3839aa–8) is amended—
(1) in subsection
(a)(2)—
(A) in subparagraph
(C), by striking ; and and inserting a semicolon;
(B) in subparagraph
(D), by striking the period and inserting a semicolon; and
(C) by adding at the
end the following new subparagraphs:
(E) facilitate on-farm conservation research
and demonstration activities; and
(F) facilitate pilot testing of new
technologies or innovative conservation
practices.
;
and
(2) by striking
subsection (b) and inserting the following new subsection:
(b)
Reporting
Not later than December 31, 2014, and every
two years thereafter, the Secretary shall submit to the Committee on
Agriculture, Nutrition, and Forestry of the Senate and the Committee on
Agriculture of the House of Representatives a report on the status of projects
funded under this section, including—
(1) funding
awarded;
(2) project results;
and
(3) incorporation of
project findings, such as new technology and innovative approaches, into the
conservation efforts implemented by the
Secretary.
.
2207.
Effective
date
(a)
In
general
The amendments made by this subtitle shall take effect on
October 1, 2013.
(b)
Effect on
existing contracts
The
amendments made by this subtitle shall not affect the validity or terms of any
contract entered into by the Secretary of Agriculture under chapter 4 of
subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3839aa et
seq.) before October 1, 2013, or any payments required to be made in connection
with the contract.
D
Agricultural
Conservation Easement Program
2301.
Agricultural
conservation easement program
(a)
Establishment
Title XII of the Food Security Act of 1985
is amended by adding at the end the following new subtitle:
H
Agricultural
Conservation Easement Program
1265.
Establishment
and purposes
(a)
Establishment
The
Secretary shall establish an agricultural conservation easement program for the
conservation of eligible land and natural resources through easements or other
interests in land.
(b)
Purposes
The
purposes of the program are to—
(1) combine the purposes and coordinate the
functions of the wetlands reserve program established under section 1237, the
grassland reserve program established under section 1238N, and the farmland
protection program established under section 1238I, as such sections were in
effect on September 30, 2013;
(2) restore, protect,
and enhance wetlands on eligible land;
(3) protect the
agricultural use and related conservation values of eligible land by limiting
nonagricultural uses of that land; and
(4) protect grazing
uses and related conservation values by restoring and conserving eligible
land.
1265A.
Definitions
In this subtitle:
(1)
Agricultural
land easement
The term agricultural land easement
means an easement or other interest in eligible land that—
(A) is conveyed for
the purpose of protecting natural resources and the agricultural nature of the
land; and
(B) permits the
landowner the right to continue agricultural production and related uses
subject to an agricultural land easement plan, as approved by the
Secretary.
(2)
Eligible
entity
The term eligible entity means—
(A) an agency of State
or local government or an Indian tribe (including a farmland protection board
or land resource council established under State law); or
(B) an organization
that is—
(i) organized for, and
at all times since the formation of the organization has been operated
principally for, 1 or more of the conservation purposes specified in clause
(i), (ii), (iii), or (iv) of section 170(h)(4)(A) of the Internal Revenue Code
of 1986;
(ii) an organization
described in section 501(c)(3) of that Code that is exempt from taxation under
section 501(a) of that Code; or
(iii) described
in—
(I) paragraph (1) or
(2) of section 509(a) of that Code; or
(II) section 509(a)(3)
of that Code and is controlled by an organization described in section
509(a)(2) of that Code.
(3)
Eligible
land
The term eligible land means private or tribal
land that is—
(A) in the case of an
agricultural land easement, agricultural land, including land on a farm or
ranch—
(i) that is subject to
a pending offer for purchase of an agricultural land easement from an eligible
entity;
(ii) that—
(I) has prime, unique,
or other productive soil;
(II) contains
historical or archaeological resources; or
(III) the protection
of which will further a State or local policy consistent with the purposes of
the program; and
(iii) that is—
(I) cropland;
(II) rangeland;
(III) grassland or
land that contains forbs, or shrubland for which grazing is the predominate
use;
(IV) pastureland;
or
(V) nonindustrial private forest land that
contributes to the economic viability of an offered parcel or serves as a
buffer to protect such land from development;
(B) in the case of a
wetland easement, a wetland or related area, including—
(i) farmed or
converted wetlands, together with adjacent land that is functionally dependent
on that land, if the Secretary determines it—
(I) is likely to be
successfully restored in a cost effective manner; and
(II) will maximize the
wildlife benefits and wetland functions and values, as determined by the
Secretary in consultation with the Secretary of the Interior at the local
level;
(ii) cropland or
grassland that was used for agricultural production prior to flooding from the
natural overflow of—
(I) a closed basin
lake and adjacent land that is functionally dependent upon it, if the State or
other entity is willing to provide 50 percent share of the cost of an
easement;
(II) a pothole and
adjacent land that is functionally dependent on it;
(iii) farmed wetlands
and adjoining lands that—
(I) are enrolled in
the conservation reserve program;
(II) have the highest
wetland functions and values, as determined by the Secretary; and
(III) are likely to
return to production after they leave the conservation reserve program;
(iv) riparian areas
that link wetlands that are protected by easements or some other device that
achieves the same purpose as an easement; or
(v) other wetlands of
an owner that would not otherwise be eligible, if the Secretary determines that
the inclusion of such wetlands in a wetland easement would significantly add to
the functional value of the easement; or
(C) in the case of
either an agricultural land easement or wetland easement, other land that is
incidental to land described in subparagraph (A) or (B), if the Secretary
determines that it is necessary for the efficient administration of the
easements under this program.
(4)
Program
The
term program means the agricultural conservation easement program
established by this subtitle.
(5)
Wetland
easement
The term wetland easement means a reserved
interest in eligible land that—
(A) is defined and
delineated in a deed; and
(B) stipulates—
(i) the rights, title,
and interests in land conveyed to the Secretary; and
(ii) the rights,
title, and interests in land that are reserved to the landowner.
1265B.
Agricultural
land easements
(a)
Availability of
assistance
The Secretary shall facilitate and provide funding
for—
(1) the purchase by
eligible entities of agricultural land easements and other interests in
eligible land; and
(2) technical
assistance to provide for the conservation of natural resources pursuant to an
agricultural land easement plan.
(b)
Cost-share
assistance
(1)
In
general
The Secretary shall protect the agricultural use,
including grazing, and related conservation values of eligible land through
cost-share assistance to eligible entities for purchasing agricultural land
easements.
(2)
Scope of
assistance available
(A)
Federal
share
An agreement described
in paragraph (4) shall provide for a Federal share determined by the Secretary
of an amount not to exceed 50 percent of the fair market value of the
agricultural land easement or other interest in land, as determined by the
Secretary using—
(i) the Uniform
Standards of Professional Appraisal Practice;
(ii) an area-wide
market analysis or survey; or
(iii) another
industry-approved method.
(B)
Non-federal
share
(i)
In
general
Under the agreement, the eligible entity shall provide a
share that is at least equivalent to that provided by the Secretary.
(ii)
Source of
contribution
An eligible
entity may include as part of its share a charitable donation or qualified
conservation contribution (as defined by section 170(h) of the Internal Revenue
Code of 1986) from the private landowner if the eligible entity contributes its
own cash resources in an amount that is at least 50 percent of the amount
contributed by the Secretary.
(C)
Exception
In the case of grassland of special
environmental significance, as determined by the Secretary, the Secretary may
provide an amount not to exceed 75 percent of the fair market value of the
agricultural land easement.
(3)
Evaluation and
ranking of applications
(A)
Criteria
The
Secretary shall establish evaluation and ranking criteria to maximize the
benefit of Federal investment under the program.
(B)
Considerations
In
establishing the criteria, the Secretary shall emphasize support for—
(i) protecting
agricultural uses and related conservation values of the land; and
(ii) maximizing the
protection of areas devoted to agricultural use.
(C)
Bidding
down
If the Secretary determines that 2 or more applications for
cost-share assistance are comparable in achieving the purpose of the program,
the Secretary shall not assign a higher priority to any of those applications
solely on the basis of lesser cost to the program.
(4)
Agreements with
eligible entities
(A)
In
general
The Secretary shall enter into agreements with eligible
entities to stipulate the terms and conditions under which the eligible entity
is permitted to use cost-share assistance provided under this section.
(B)
Length of
agreements
An agreement shall be for a term that is—
(i) in
the case of an eligible entity certified under the process described in
paragraph (5), a minimum of five years; and
(ii) for all other
eligible entities, at least three, but not more than five years.
(C)
Minimum terms
and conditions
An eligible entity shall be authorized to use its
own terms and conditions for agricultural land easements so long as the
Secretary determines such terms and conditions—
(i) are consistent
with the purposes of the program;
(ii) permit effective
enforcement of the conservation purposes of such easements;
(iii) include a right
of enforcement for the Secretary, that may be used only if the terms of the
easement are not enforced by the holder of the easement;
(iv) subject the land
in which an interest is purchased to an agricultural land easement plan
that—
(I) describes the
activities which promote the long-term viability of the land to meet the
purposes for which the easement was acquired;
(II) requires the management of grasslands
according to a grasslands management plan; and
(III) includes a
conservation plan, where appropriate, and requires, at the option of the
Secretary, the conversion of highly erodible cropland to less intensive uses;
and
(v) include a limit on
the impervious surfaces to be allowed that is consistent with the agricultural
activities to be conducted.
(D)
Substitution of
qualified projects
An agreement shall allow, upon mutual
agreement of the parties, substitution of qualified projects that are
identified at the time of the proposed substitution.
(E)
Effect of
violation
If a violation occurs of a term or condition of an
agreement under this subsection—
(i) the Secretary may
terminate the agreement; and
(ii) the Secretary may
require the eligible entity to refund all or part of any payments received by
the entity under the program, with interest on the payments as determined
appropriate by the Secretary.
(5)
Certification of
eligible entities
(A)
Certification
process
The Secretary shall establish a process under which the
Secretary may—
(i) directly certify
eligible entities that meet established criteria;
(ii) enter into
long-term agreements with certified eligible entities; and
(iii) accept proposals
for cost-share assistance for the purchase of agricultural land easements
throughout the duration of such agreements.
(B)
Certification
criteria
In order to be certified, an eligible entity shall
demonstrate to the Secretary that the entity will maintain, at a minimum, for
the duration of the agreement—
(i) a
plan for administering easements that is consistent with the purpose of this
subtitle;
(ii) the capacity and
resources to monitor and enforce agricultural land easements; and
(iii) policies and
procedures to ensure—
(I) the long-term
integrity of agricultural land easements on eligible land;
(II) timely completion
of acquisitions of such easements; and
(III) timely and
complete evaluation and reporting to the Secretary on the use of funds provided
under the program.
(C)
Review and
revision
(i)
Review
The
Secretary shall conduct a review of eligible entities certified under
subparagraph (A) every three years to ensure that such entities are meeting the
criteria established under subparagraph (B).
(ii)
Revocation
If
the Secretary finds that the certified eligible entity no longer meets the
criteria established under subparagraph (B), the Secretary may—
(I) allow the
certified eligible entity a specified period of time, at a minimum 180 days, in
which to take such actions as may be necessary to meet the criteria; and
(II) revoke the
certification of the eligible entity, if after the specified period of time,
the certified eligible entity does not meet such criteria.
(c)
Method of
enrollment
The Secretary
shall enroll eligible land under this section through the use of—
(1) permanent
easements; or
(2) easements for the
maximum duration allowed under applicable State laws.
(d)
Technical
assistance
The Secretary may
provide technical assistance, if requested, to assist in—
(1) compliance with
the terms and conditions of easements; and
(2) implementation of
an agricultural land easement plan.
1265C.
Wetland
easements
(a)
Availability of
assistance
The Secretary shall provide assistance to owners of
eligible land to restore, protect, and enhance wetlands through—
(1) wetland easements
and related wetland easement plans; and
(2) technical
assistance.
(b)
Easements
(1)
Method of
enrollment
The Secretary
shall enroll eligible land under this section through the use of—
(A) 30-year
easements;
(B) permanent
easements;
(C) easements for the
maximum duration allowed under applicable State laws; or
(D) as an option for Indian tribes only,
30-year contracts (which shall be considered to be 30-year easements for the
purposes of this subtitle).
(2)
Limitations
(A)
Ineligible
land
The Secretary may not acquire easements on—
(i) land established
to trees under the conservation reserve program, except in cases where the
Secretary determines it would further the purposes of the program; and
(ii) farmed wetlands
or converted wetlands where the conversion was not commenced prior to December
23, 1985.
(B)
Changes in
ownership
No wetland easement
shall be created on land that has changed ownership during the preceding
24-month period unless—
(i) the new ownership
was acquired by will or succession as a result of the death of the previous
owner;
(ii)
(I) the ownership change
occurred because of foreclosure on the land; and
(II) immediately before the foreclosure, the
owner of the land exercises a right of redemption from the mortgage holder in
accordance with State law; or
(iii) the Secretary
determines that the land was acquired under circumstances that give adequate
assurances that such land was not acquired for the purposes of placing it in
the program.
(3)
Evaluation and
ranking of offers
(A)
Criteria
The
Secretary shall establish evaluation and ranking criteria to maximize the
benefit of Federal investment under the program.
(B)
Considerations
When
evaluating offers from landowners, the Secretary may consider—
(i) the conservation benefits of obtaining a
wetland easement, including the potential environmental benefits if the land
was removed from agricultural production;
(ii) the cost-effectiveness of each wetland
easement, so as to maximize the environmental benefits per dollar
expended;
(iii) whether the landowner or another person is
offering to contribute financially to the cost of the wetland easement to
leverage Federal funds; and
(iv) such other
factors as the Secretary determines are necessary to carry out the purposes of
the program.
(C)
Priority
The Secretary shall place priority on
acquiring wetland easements based on the value of the wetland easement for
protecting and enhancing habitat for migratory birds and other wildlife.
(4)
Agreement
To
be eligible to place eligible land into the program through a wetland easement,
the owner of such land shall enter into an agreement with the Secretary
to—
(A) grant an easement
on such land to the Secretary;
(B) authorize the
implementation of a wetland easement plan developed for the eligible land under
subsection (f);
(C) create and record
an appropriate deed restriction in accordance with applicable State law to
reflect the easement agreed to;
(D) provide a written
statement of consent to such easement signed by those holding a security
interest in the land;
(E) comply with the
terms and conditions of the easement and any related agreements; and
(F) permanently retire
any existing base history for the land on which the easement has been
obtained.
(5)
Terms and
conditions of easement
(A)
In
general
A wetland easement shall include terms and conditions
that—
(i) permit—
(I) repairs,
improvements, and inspections on the land that are necessary to maintain
existing public drainage systems; and
(II) owners to control
public access on the easement areas while identifying access routes to be used
for restoration activities and management and easement monitoring;
(ii) prohibit—
(I) the alteration of
wildlife habitat and other natural features of such land, unless specifically
authorized by the Secretary;
(II) the spraying of
such land with chemicals or the mowing of such land, except where such spraying
or mowing is authorized by the Secretary or is necessary—
(aa) to
comply with Federal or State noxious weed control laws;
(bb) to
comply with a Federal or State emergency pest treatment program; or
(cc) to
meet habitat needs of specific wildlife species;
(III) any activities
to be carried out on the owner’s or successor’s land that is immediately
adjacent to, and functionally related to, the land that is subject to the
easement if such activities will alter, degrade, or otherwise diminish the
functional value of the eligible land; and
(IV) the adoption of
any other practice that would tend to defeat the purposes of the program, as
determined by the Secretary;
(iii) provide for the
efficient and effective establishment of wildlife functions and values;
and
(iv) include such
additional provisions as the Secretary determines are desirable to carry out
the program or facilitate the practical administration thereof.
(B)
Violation
On the violation of the terms or conditions
of a wetland easement, the wetland easement shall remain in force and the
Secretary may require the owner to refund all or part of any payments received
by the owner under the program, together with interest thereon as determined
appropriate by the Secretary.
(C)
Compatible
uses
Land subject to a wetland easement may be used for
compatible economic uses, including such activities as hunting and fishing,
managed timber harvest, or periodic haying or grazing, if such use is
specifically permitted by the wetland easement plan developed for the land
under subsection (f) and is consistent with the long-term protection and
enhancement of the wetland resources for which the easement was
established.
(D)
Reservation of
grazing rights
The Secretary
may include in the terms and conditions of a wetland easement a provision under
which the owner reserves grazing rights if—
(i) the Secretary
determines that the reservation and use of the grazing rights—
(I) is compatible with
the land subject to the easement;
(II) is consistent
with the historical natural uses of the land and the long-term protection and
enhancement goals for which the easement was established; and
(III) complies with
the wetland easement plan developed for the land under subsection (f);
and
(ii) the agreement
provides for a commensurate reduction in the easement payment to account for
the grazing value, as determined by the Secretary.
(6)
Compensation
(A)
Determination
(i)
Permanent
easements
The Secretary shall
pay as compensation for a permanent wetland easement acquired under the program
an amount necessary to encourage enrollment in the program, based on the lowest
of—
(I) the fair market
value of the land, as determined by the Secretary, using the Uniform Standards
of Professional Appraisal Practice or an area-wide market analysis or
survey;
(II) the amount
corresponding to a geographical cap, as determined by the Secretary in
regulations; or
(III) the offer made
by the landowner.
(ii)
30-year
easements
Compensation for a
30-year wetland easement shall be not less than 50 percent, but not more than
75 percent, of the compensation that would be paid for a permanent wetland
easement.
(B)
Form of
payment
Compensation for a wetland easement shall be provided by
the Secretary in the form of a cash payment, in an amount determined under
subparagraph (A).
(C)
Payment
schedule
(i)
Easements valued
at $500,000 or less
For
wetland easements valued at $500,000 or less, the Secretary may provide
easement payments in not more than 10 annual payments.
(ii)
Easements
valued at more than $500,000
For wetland easements valued at more than
$500,000, the Secretary may provide easement payments in at least 5, but not
more than 10 annual payments, except that, if the Secretary determines it would
further the purposes of the program, the Secretary may make a lump sum payment
for such an easement.
(c)
Easement
restoration
(1)
In
general
The Secretary shall provide financial assistance to
owners of eligible land to carry out the establishment of conservation measures
and practices and protect wetland functions and values, including necessary
maintenance activities, as set forth in a wetland easement plan developed for
the eligible land under subsection (f).
(2)
Payments
The
Secretary shall—
(A) in the case of a permanent wetland
easement, pay an amount that is not less than 75 percent, but not more than 100
percent, of the eligible costs, as determined by the Secretary; and
(B) in the case of a 30-year wetland easement,
pay an amount that is not less than 50 percent, but not more than 75 percent,
of the eligible costs, as determined by the Secretary.
(d)
Technical
assistance
(1)
In
general
The Secretary shall
assist owners in complying with the terms and conditions of wetland
easements.
(2)
Contracts or
agreements
The Secretary may
enter into 1 or more contracts with private entities or agreements with a
State, non-governmental organization, or Indian tribe to carry out necessary
restoration, enhancement, or maintenance of a wetland easement if the Secretary
determines that the contract or agreement will advance the purposes of the
program.
(e)
Wetland
enhancement option
The Secretary may enter into 1 or more
agreements with a State (including a political subdivision or agency of a
State), nongovernmental organization, or Indian tribe to carry out a special
wetland enhancement option that the Secretary determines would advance the
purposes of program.
(f)
Administration
(1)
Wetland easement
plan
The Secretary shall develop a wetland easement plan for
eligible lands subject to a wetland easement, which shall include practices and
activities necessary to restore, protect, enhance, and maintain the enrolled
lands.
(2)
Delegation of
easement administration
The
Secretary may delegate—
(A) any of the
easement management, monitoring, and enforcement responsibilities of the
Secretary to other Federal or State agencies that have the appropriate
authority, expertise, and resources necessary to carry out such delegated
responsibilities; and
(B) any of the easement management
responsibilities of the Secretary to other conservation organizations if the
Secretary determines the organization has the appropriate expertise and
resources.
(3)
Payments
(A)
Timing of
payments
The Secretary shall provide payment for obligations
incurred by the Secretary under this section—
(i) with respect to
any easement restoration obligation under subsection (c), as soon as possible
after the obligation is incurred; and
(ii) with respect to
any annual easement payment obligation incurred by the Secretary, as soon as
possible after October 1 of each calendar year.
(B)
Payments to
others
If an owner who is entitled to a payment under this
section dies, becomes incompetent, is otherwise unable to receive such payment,
or is succeeded by another person or entity who renders or completes the
required performance, the Secretary shall make such payment, in accordance with
regulations prescribed by the Secretary and without regard to any other
provision of law, in such manner as the Secretary determines is fair and
reasonable in light of all of the circumstances.
1265D.
Administration
(a)
Ineligible
land
The Secretary may not use program funds for the purposes of
acquiring an easement on—
(1) lands owned by an
agency of the United States, other than land held in trust for Indian
tribes;
(2) lands owned in fee
title by a State, including an agency or a subdivision of a State, or a unit of
local government;
(3) land subject to an
easement or deed restriction which, as determined by the Secretary, provides
similar protection as would be provided by enrollment in the program; or
(4) lands where the
purposes of the program would be undermined due to on-site or off-site
conditions, such as risk of hazardous substances, proposed or existing rights
of way, infrastructure development, or adjacent land uses.
(b)
Priority
In
evaluating applications under the program, the Secretary may give priority to
land that is currently enrolled in the conservation reserve program in a
contract that is set to expire within 1 year and—
(1) in the case of an
agricultural land easement, is grassland that would benefit from protection
under a long-term easement; and
(2) in the case of a
wetland easement, is a wetland or related area with the highest functions and
value and is likely to return to production after the land leaves the
conservation reserve program.
(c)
Subordination,
exchange, modification, and termination
(1)
In
general
The Secretary may subordinate, exchange, modify, or
terminate any interest in land, or portion of such interest, administered by
the Secretary, either directly or on behalf of the Commodity Credit Corporation
under the program if the Secretary determines that—
(A) it is in the
Federal Government’s interest to subordinate, exchange, modify, or terminate
the interest in land;
(B) the subordination,
exchange, modification, or termination action—
(i) will address a
compelling public need for which there is no practicable alternative; or
(ii) such action will
further the practical administration of the program; and
(C) the subordination,
exchange, modification, or termination action will result in comparable
conservation value and equivalent or greater economic value to the United
States.
(2)
Consultation
The
Secretary shall work with the owner, and eligible entity if applicable, to
address any subordination, exchange, modification, or termination of the
interest, or portion of such interest, in land.
(3)
Notice
At
least 90 days before taking any termination action described in paragraph (1),
the Secretary shall provide written notice of such action to the Committee on
Agriculture of the House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate.
(d)
Land enrolled in
conservation reserve program
The Secretary may terminate or
modify a contract entered into under section 1231(a) if eligible land that is
subject to such contract is transferred into the program.
(e)
Allocation of
funds for agricultural land easements
Of the funds made available under section
1241 to carry out the program for a fiscal year, the Secretary shall, to the
extent practicable, use for agricultural land easements—
(1) no less than 40 percent in each of fiscal
years 2014 through 2017; and
(2) no less than 50 percent in fiscal year
2018.
.
(b)
Compliance with
certain requirements
Before
an eligible entity or owner of eligible land may receive assistance under
subtitle H of title XII of the Food Security Act of 1985, the eligible entity
or person shall agree, during the crop year for which the assistance is
provided and in exchange for the assistance—
(1) to comply with applicable conservation
requirements under subtitle B of title XII of that Act (16 U.S.C. 3811 et
seq.); and
(2) to comply with applicable wetland
protection requirements under subtitle C of title XII of that Act (16 U.S.C.
3821 et seq.).
(c)
Cross reference;
calculation
Section 1244 of
the Food Security Act of 1985 (16 U.S.C. 3844) is amended—
(1) in subsection
(c)—
(A) in paragraph
(1)—
(i) by
inserting and at the end of subparagraph (A);
(ii) by
striking and at the end of subparagraph (B); and
(iii) by
striking subparagraph (C);
(B) by redesignating
paragraph (2) as paragraph (3); and
(C) by inserting after
paragraph (1) the following new subparagraph:
(2) the agricultural conservation easement
program established under subtitle H;
and
;
and
(2) in subsection
(f)—
(A) in paragraph
(1)—
(i) in
subparagraph (A), by striking programs administered under subchapters B
and C of chapter 1 of subtitle D and inserting conservation
reserve program established under subchapter B of chapter 1 of subtitle D and
wetland easements under section 1265C; and
(ii) in subparagraph (B), by striking an
easement acquired under subchapter C of chapter 1 of subtitle D and
inserting a wetland easement under section 1265C; and
(B) by adding at the
end the following new paragraph:
(5)
Calculation
In calculating the percentages described in
paragraph (1), the Secretary shall include any acreage that was included in
calculations of percentages made under such paragraph, as in effect on
September 30, 2013, and that remains enrolled when the calculation is made
after that date under paragraph
(1).
.
(d)
Effective
date
The amendments made by
this section shall take effect on October 1, 2013.
E
Regional
Conservation Partnership Program
2401.
Regional
conservation partnership program
(a)
In
general
Title XII of the Food
Security Act of 1985 is amended by inserting after subtitle H, as added by
section 2301, the following new subtitle:
I
Regional
Conservation Partnership Program
1271.
Establishment
and purposes
(a)
Establishment
The
Secretary shall establish a regional conservation partnership program to
implement eligible activities on eligible land through—
(1) partnership
agreements with eligible partners; and
(2) contracts with
producers.
(b)
Purposes
The
purposes of the program are as follows:
(1) To use covered programs to accomplish
purposes and functions similar to those of the following programs, as in effect
on September 30, 2013:
(A) The agricultural
water enhancement program established under section 1240I.
(B) The Chesapeake Bay
watershed program established under section 1240Q.
(C) The cooperative
conservation partnership initiative established under section 1243.
(D) The Great Lakes
basin program for soil erosion and sediment control established under section
1240P.
(2) To further the conservation, restoration,
and sustainable use of soil, water, wildlife, and related natural resources on
eligible land on a regional or watershed scale.
(3) To encourage
eligible partners to cooperate with producers in—
(A) meeting or
avoiding the need for national, State, and local natural resource regulatory
requirements related to production on eligible land; and
(B) implementing
projects that will result in the carrying out of eligible activities that
affect multiple agricultural or nonindustrial private forest operations on a
local, regional, State, or multi-State basis.
1271A.
Definitions
In this subtitle:
(1)
Covered
program
The term covered program means the
following:
(A) The agricultural
conservation easement program.
(B) The environmental
quality incentives program.
(C) The conservation
stewardship program.
(2)
Eligible
activity
The term eligible activity means any of the
following conservation activities:
(A) Water quality or
quantity conservation, restoration, or enhancement projects relating to surface
water and groundwater resources, including—
(i) the conversion of
irrigated cropland to the production of less water-intensive agricultural
commodities or dryland farming; or
(ii) irrigation system
improvement and irrigation efficiency enhancement.
(B) Drought
mitigation.
(C) Flood
prevention.
(D) Water
retention.
(E) Air quality
improvement.
(F) Habitat
conservation, restoration, and enhancement.
(G) Erosion control
and sediment reduction.
(H) Other related
activities that the Secretary determines will help achieve conservation
benefits.
(3)
Eligible
land
The term eligible land means land on which
agricultural commodities, livestock, or forest-related products are produced,
including—
(A) cropland;
(B) grassland;
(C) rangeland;
(D) pastureland;
(E) nonindustrial
private forest land; and
(F) other land
incidental to agricultural production (including wetlands and riparian buffers)
on which significant natural resource issues could be addressed under the
program.
(4)
Eligible
partner
The term eligible partner means any of the
following:
(A) An agricultural or
silvicultural producer association or other group of producers.
(B) A State or unit of
local government.
(C) An Indian
tribe.
(D) A farmer
cooperative.
(E) A water district, irrigation district,
rural water district or association, or other organization with specific water
delivery authority to producers on agricultural land.
(F) An institution of
higher education.
(G) An organization or entity with an
established history of working cooperatively with producers on agricultural
land, as determined by the Secretary, to address—
(i) local conservation
priorities related to agricultural production, wildlife habitat development, or
nonindustrial private forest land management; or
(ii) critical
watershed-scale soil erosion, water quality, sediment reduction, or other
natural resource issues.
(5)
Partnership
agreement
The term partnership agreement means an
agreement entered into under section 1271B between the Secretary and an
eligible partner.
(6)
Program
The
term program means the regional conservation partnership program
established by this subtitle.
1271B.
Regional
conservation partnerships
(a)
Partnership
agreements authorized
The Secretary may enter into a partnership
agreement with an eligible partner to implement a project that will assist
producers with installing and maintaining an eligible activity on eligible
land.
(b)
Length
A
partnership agreement shall be for a period not to exceed 5 years, except that
the Secretary may extend the agreement one time for up to 12 months when an
extension is necessary to meet the objectives of the program.
(c)
Duties of
partners
(1)
In
general
Under a partnership agreement, the eligible partner
shall—
(A) define the scope
of a project, including—
(i) the eligible
activities to be implemented;
(ii) the potential
agricultural or nonindustrial private forest land operations affected;
(iii) the local,
State, multi-State, or other geographic area covered; and
(iv) the planning,
outreach, implementation, and assessment to be conducted;
(B) conduct outreach
to producers for potential participation in the project;
(C) at the request of
a producer, act on behalf of a producer participating in the project in
applying for assistance under section 1271C;
(D) leverage financial
or technical assistance provided by the Secretary with additional funds to help
achieve the project objectives;
(E) conduct an
assessment of the project’s effects; and
(F) at the conclusion
of the project, report to the Secretary on its results and funds
leveraged.
(2)
Contribution
An eligible partner shall provide a
significant portion of the overall costs of the scope of the project that is
the subject of the agreement entered into under subsection (a), as determined
by the Secretary.
(d)
Applications
(1)
Competitive
process
The Secretary shall conduct a competitive process to
select applications for partnership agreements and may assess and rank
applications with similar conservation purposes as a group.
(2)
Criteria
used
In carrying out the process described in paragraph (1), the
Secretary shall make public the criteria used in evaluating
applications.
(3)
Content
An
application to the Secretary shall include a description of—
(A) the scope of the
project, as described in subsection (c)(1)(A);
(B) the plan for
monitoring, evaluating, and reporting on progress made towards achieving the
project’s objectives;
(C) the program
resources requested for the project, including the covered programs to be used
and estimated funding needed from the Secretary;
(D) eligible partners collaborating to achieve
project objectives, including their roles, responsibilities, capabilities, and
financial contribution; and
(E) any other elements
the Secretary considers necessary to adequately evaluate and competitively
select applications for funding under the program.
(4)
Priority to
certain applications
The Secretary may give a higher priority to
applications that—
(A) assist producers in meeting or avoiding the
need for a natural resource regulatory requirement;
(B) have a high
percentage of eligible producers in the area to be covered by the
agreement;
(C) significantly
leverage non-Federal financial and technical resources and coordinate with
other local, State, or national efforts;
(D) deliver high percentages of applied
conservation to address conservation priorities or regional, State, or national
conservation initiatives;
(E) provide innovation
in conservation methods and delivery, including outcome-based performance
measures and methods; or
(F) meet other factors
that are important for achieving the purposes of the program, as determined by
the Secretary.
1271C.
Assistance to
producers
(a)
In
general
The Secretary shall enter into contracts with producers
to provide financial and technical assistance to—
(1) producers
participating in a project with an eligible partner, as described in section
1271B; or
(2) producers that fit
within the scope of a project described in section 1271B or a critical
conservation area designated under section 1271F, but who are seeking to
implement an eligible activity on eligible land independent of a
partner.
(b)
Terms and
conditions
(1)
Consistency with
program rules
Except as provided in paragraph (2), the Secretary
shall ensure that the terms and conditions of a contract under this section are
consistent with the applicable rules of the covered programs to be used as part
of the project, as described in the application under section
1271B(d)(3)(C).
(2)
Adjustments
Except
with respect to statutory program requirements governing appeals, payment
limitations, and conservation compliance, the Secretary may adjust the
discretionary program rules of a covered program—
(A) to provide a
simplified application and evaluation process; and
(B) to better reflect
unique local circumstances and purposes if the Secretary determines such
adjustments are necessary to achieve the purposes of the program.
(c)
Payments
(1)
In
general
In accordance with statutory requirements of the covered
programs involved, the Secretary may make payments to a producer in an amount
determined by the Secretary to be necessary to achieve the purposes of the
program.
(2)
Payments to
producers in States with water quantity concerns
The Secretary
may provide payments to producers participating in a project that addresses
water quantity concerns for a period of five years in an amount sufficient to
encourage conversion from irrigated farming to dryland farming.
(3)
Waiver
authority
To assist in the implementation of the program, the
Secretary may waive the applicability of the limitation in section 1001D(b)(2)
of this Act for participating producers if the Secretary determines that the
waiver is necessary to fulfill the objectives of the program.
1271D.
Funding
(a)
Availability of
funds
The Secretary shall use
$100,000,000 of the funds of the Commodity Credit Corporation for each of
fiscal years 2014 through 2018 to carry out the program.
(b)
Duration of
availability
Funds made available under subsection (a) shall
remain available until expended.
(c)
Additional
funding and acres
(1)
In
general
In addition to the funds made available under subsection
(a), the Secretary shall reserve 6 percent of the funds and acres made
available for a covered program for each of fiscal years 2014 through 2018 in
order to ensure additional resources are available to carry out this
program.
(2)
Unused funds and
acres
Any funds or acres reserved under paragraph (1) for a
fiscal year from a covered program that are not obligated under this program by
April 1 of that fiscal year shall be returned for use under the covered
program.
(d)
Allocation of
funding
Of the funds and acres made available for the program
under subsections (a) and (c), the Secretary shall allocate—
(1) 25 percent of the funds and acres to
projects based on a State competitive process administered by the State
Conservationist, with the advice of the State technical committee established
under subtitle G;
(2) 50 percent of the
funds and acres to projects based on a national competitive process to be
established by the Secretary; and
(3) 25 percent of the funds and acres to
projects for the critical conservation areas designated under section
1271F.
(e)
Limitation on
administrative expenses
None
of the funds made available under the program may be used to pay for the
administrative expenses of eligible partners.
1271E.
Administration
(a)
Disclosure
In
addition to the criteria used in evaluating applications as described in
section 1271B(d)(2), the Secretary shall make publicly available information on
projects selected through the competitive process described in section
1271B(d)(1).
(b)
Reporting
Not
later than December 31, 2014, and every two years thereafter, the Secretary
shall submit to the Committee on Agriculture of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry of the Senate a
report on the status of projects funded under the program, including—
(1) the number and types of eligible partners
and producers participating in the partnership agreements selected;
(2) the number of
producers receiving assistance; and
(3) total funding
committed to projects, including from Federal and non-Federal resources.
1271F.
Critical
conservation areas
(a)
In
general
In administering
funds under section 1271D(d)(3), the Secretary shall select applications for
partnership agreements and producer contracts within critical conservation
areas designated under this section.
(b)
Critical
conservation area designations
(1)
Priority
In designating critical conservation areas
under this section, the Secretary shall give priority to geographical areas
based on the degree to which the geographical area—
(A) includes multiple
States with significant agricultural production;
(B) is covered by an
existing regional, State, binational, or multistate agreement or plan that has
established objectives, goals, and work plans and is adopted by a Federal,
State, or regional authority;
(C) would benefit from
water quality improvement, including through reducing erosion, promoting
sediment control, and addressing nutrient management activities affecting large
bodies of water of regional, national, or international significance;
(D) would benefit from
water quantity improvement, including improvement relating to—
(i) groundwater,
surface water, aquifer, or other water sources; or
(ii) a need to promote
water retention and flood prevention; or
(E) contains producers that need assistance in
meeting or avoiding the need for a natural resource regulatory requirement that
could have a negative economic impact on agricultural operations within the
area.
(2)
Limitation
The
Secretary may not designate more than 8 geographical areas as critical
conservation areas under this section.
(c)
Administration
(1)
In
general
Except as provided in
paragraph (2), the Secretary shall administer any partnership agreement or
producer contract under this section in a manner that is consistent with the
terms of the program.
(2)
Relationship to
existing activity
The
Secretary shall, to the maximum extent practicable, ensure that eligible
activities carried out in critical conservation areas designated under this
section complement and are consistent with other Federal and State programs and
water quality and quantity strategies.
(3)
Additional
authority
For a critical
conservation area described in subsection (b)(1)(D), the Secretary may use
authorities under the Watershed Protection and Flood Prevention Act (16 U.S.C.
1001 et seq.), other than section 14 of such Act (16 U.S.C. 1012), to carry out
projects for the purposes of this
section.
.
(b)
Effective
date
The amendment made by
this section shall take effect on October 1, 2013.
F
Other Conservation
Programs
2501.
Conservation
of private grazing land
Section 1240M(e) of the Food Security Act of
1985 (16 U.S.C. 3839bb(e)) is amended by striking 2012 and
inserting 2018.
2502.
Grassroots
source water protection program
Section 1240O(b) of the Food Security Act of
1985 (16 U.S.C. 3839bb–2) is amended to read as follows:
(b)
Funding
(1)
Authorization of
appropriations
There is
authorized to be appropriated to carry out this section $20,000,000 for each of
fiscal years 2008 through 2018.
(2)
Availability of
funds
In addition to funds
made available under paragraph (1), of the funds of the Commodity Credit
Corporation, the Secretary shall use $5,000,000, to remain available until
expended.
.
2503.
Voluntary
public access and habitat incentive program
(a)
Funding
Section 1240R(f)(1) of the Food Security
Act of 1985 (16 U.S.C. 3839bb–5(f)(1)) is amended by inserting before the
period at the end the following: and $30,000,000 for the period of
fiscal years 2014 through 2018.
(b)
Report on
program effectiveness
Not
later than two years after the date of the enactment of this Act, the Secretary
of Agriculture shall submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and Forestry of
the Senate a report evaluating the effectiveness of the voluntary public access
program established by section 1240R of the Food Security Act of 1985 (16
U.S.C. 3839bb–5), including—
(1) identifying
cooperating agencies;
(2) identifying the
number of land holdings and total acres enrolled by each State and tribal
government;
(3) evaluating the
extent of improved access on eligible lands, improved wildlife habitat, and
related economic benefits; and
(4) any other relevant
information and data relating to the program that would be helpful to such
Committees.
2504.
Agriculture
conservation experienced services program
(a)
Funding
Subsection (c) of section 1252 of the Food
Security Act of 1985 (16 U.S.C. 3851) is amended to read as follows:
(c)
Funding
(1)
In
general
The Secretary may
carry out the ACES program using funds made available to carry out each program
under this title.
(2)
Exclusion
Funds made available to carry out the
conservation reserve program may not be used to carry out the ACES
program.
.
(b)
Effective
date
The amendment made by
this section shall take effect on October 1, 2013.
2505.
Small
watershed rehabilitation program
(a)
Availability of
Funds
Section 14(h)(1) of the
Watershed Protection and Flood Prevention Act (16 U.S.C. 1012(h)(1)) is
amended—
(1) in subparagraph
(E), by striking ; and and inserting a semicolon;
(2) in subparagraph
(F), by striking the period and inserting a semicolon;
(3) in subparagraph (G), by striking the period
and inserting ; and; and
(4) by adding at the
end the following new subparagraph:
(H) $250,000,000 for fiscal year 2014, to
remain available until
expended.
.
(b)
Authorization of
appropriations
Section
14(h)(2)(E) of the Watershed Protection and Flood Prevention Act (16 U.S.C.
1012(h)(2)(E)) is amended by striking 2012 and inserting
2018.
2506.
Agricultural
management assistance program
(a)
Uses
Section 524(b)(2) of the Federal Crop
Insurance Act (7 U.S.C. 1524(b)(2)) is amended—
(1) by striking
subparagraph (B) and redesignating subparagraphs (C) through (F) as
subparagraphs (B) through (E), respectively; and
(2) in subparagraph
(B) (as so redesignated)—
(A) in the matter
preceding clause (i), by striking or resource conservation
practices; and
(B) by striking clause
(i) and redesignating clauses (ii) through (iv) as clauses (i) through (iii),
respectively.
(b)
Commodity Credit
Corporation
(1)
Funding
Section
524(b)(4)(B) of the Federal Crop Insurance Act (7 U.S.C. 1524(b)(4)(B)) is
amended to read as follows:
(B)
Funding
The Commodity Credit Corporation shall make
available to carry out this subsection not less than $10,000,000 for each
fiscal
year.
.
(2)
Certain
uses
Section 524(b)(4)(C) of
the Federal Crop Insurance Act (7 U.S.C. 1524(b)(4)(C)) is amended—
(A) in clause
(i)—
(i) by striking
50 and inserting 30; and
(ii) by striking
(A), (B), and (C) and inserting (A) and (B);
and
(B) in clause (iii),
by striking 40 and inserting 60.
G
Funding and
Administration
2601.
Funding
(a)
In
general
Subsection (a) of
section 1241 of the Food Security Act of 1985 (16 U.S.C. 3841) is amended to
read as follows:
(a)
Annual
funding
For each of fiscal
years 2014 through 2018, the Secretary shall use the funds, facilities, and
authorities of the Commodity Credit Corporation to carry out the following
programs under this title (including the provision of technical
assistance):
(1) The conservation reserve program under
subchapter B of chapter 1 of subtitle D, including, to the maximum extent
practicable, $25,000,000 for the period of fiscal years 2014 through 2018 to
carry out section 1235(f) to facilitate the transfer of land subject to
contracts from retired or retiring owners and operators to beginning farmers or
ranchers and socially disadvantaged farmers or ranchers.
(2) The agriculture
conservation easement program under subtitle H, using, to the maximum extent
practicable—
(A) $425,000,000 in
fiscal year 2014;
(B) $450,000,000 in
fiscal year 2015;
(C) $475,000,000 in
fiscal year 2016;
(D) $500,000,000 in
fiscal year 2017; and
(E) $200,000,000 in
fiscal year 2018.
(3) The conservation
security program under subchapter A of chapter 2 of subtitle D, using such sums
as are necessary to administer contracts entered into before September 30,
2008.
(4) The conservation
stewardship program under subchapter B of chapter 2 of subtitle D.
(5) The environmental
quality incentives program under chapter 4 of subtitle D, using, to the maximum
extent practicable, $1,750,000,000 for each of fiscal years 2014 through
2018.
.
(b)
Regional equity;
guaranteed availability of funds
Section 1241 of the Food Security Act of
1985 (16 U.S.C. 3841) is amended—
(1) by striking
subsection (e);
(2) by redesignating
subsections (b) through (d) as subsections (c) through (e); respectively;
and
(3) by inserting after
subsection (a) the following new subsection:
(b)
Availability of
funds
Amounts made available
by subsection (a) shall be used by the Secretary to carry out the programs
specified in such subsection for fiscal years 2014 through 2018 and shall
remain available until expended. Amounts made available for the programs
specified in such subsection during a fiscal year through modifications,
cancellations, terminations, and other related administrative actions and not
obligated in that fiscal year shall remain available for obligation during
subsequent fiscal years, but shall reduce the amount of additional funds made
available in the subsequent fiscal year by an amount equal to the amount
remaining
unobligated.
.
(c)
Effective
date
The amendments made by
this section shall take effect on October 1, 2013.
2602.
Technical
assistance
(a)
In
general
Subsection (c) of
section 1241 of the Food Security Act of 1985 (16 U.S.C. 3841), as redesignated
by section 2601(b)(1) of this Act, is amended to read as follows:
(c)
Technical
assistance
(1)
Availability of
funds
Commodity Credit
Corporation funds made available for a fiscal year for each of the programs
specified in subsection (a)—
(A) shall be available
for the provision of technical assistance for the programs for which funds are
made available as necessary to implement the programs effectively; and
(B) shall not be
available for the provision of technical assistance for conservation programs
specified in subsection (a) other than the program for which the funds were
made available.
(2)
Report
Not
later than December 31, 2013, the Secretary shall submit (and update as
necessary in subsequent years) to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and Forestry of
the Senate a report—
(A) detailing the
amount of technical assistance funds requested and apportioned in each program
specified in subsection (a) during the preceding fiscal year; and
(B) any other data
relating to this subsection that would be helpful to such
Committees.
.
(b)
Effective
date
The amendment made by
this section shall take effect on October 1, 2013.
2603.
Reservation of
funds to provide assistance to certain farmers or ranchers for conservation
access
(a)
In
general
Subsection (g) of
section 1241 of the Food Security Act of 1985 (16 U.S.C. 3841) is
amended—
(1) in paragraph (1)
by striking 2012 and inserting 2018; and
(2) by adding at the
end the following new paragraph:
(4)
Preference
In providing assistance under paragraph
(1), the Secretary shall give preference to a veteran farmer or rancher (as
defined in section 2501(e) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 2279(e))) that qualifies under subparagraph (A) or (B) of
paragraph
(1).
.
(b)
Effective
date
The amendments made by
this section shall take effect on October 1, 2013.
2604.
Annual report
on program enrollments and assistance
(a)
In
general
Subsection (h) of
section 1241 of the Food Security Act of 1985 (16 U.S.C. 3841) is
amended—
(1) in paragraph (1),
by striking wetlands reserve program and inserting
agricultural conservation easement program;
(2) by striking
paragraphs (2) and (3) and redesignating paragraphs (4), (5), and (6) as
paragraphs (2), (3), and (4), respectively; and
(3) in paragraph (3)
(as so redesignated)—
(A) by striking
agricultural water enhancement program and inserting
regional conservation partnership program; and
(B) by striking
1240I(g) and inserting 1271C(c)(3).
(b)
Effective
date
The amendments made by
this section shall take effect on October 1, 2013.
2605.
Review of
conservation practice standards
Section 1242(h)(1)(A) of the Food Security
Act of 1985 (16 U.S.C. 3842(h)(1)(A)) is amended by striking the Food,
Conservation, and Energy Act of 2008 and inserting the Federal
Agriculture Reform and Risk Management Act of 2013.
2606.
Administrative
requirements applicable to all conservation programs
(a)
In
general
Section 1244 of the
Food Security Act of 1985 (16 U.S.C. 3844) is amended—
(1) in subsection
(a)(2), by adding at the end the following new subparagraph:
(E) Veteran farmers or ranchers (as defined in
section 2501(e) of the Food, Agriculture, Conservation, and Trade Act of 1990
(7 U.S.C.
2279(e))).
;
(2) in subsection (d), by inserting , H,
and I before the period at the end;
(3) in subsection
(f)—
(A) in paragraph
(1)(B), by striking country and inserting county;
and
(B) in paragraph (3),
by striking subsection (c)(2)(B) or (f)(4) and inserting
subsection (c)(2)(A)(ii) or (f)(2); and
(4) by adding at the
end the following new subsections:
(j)
Improved
administrative efficiency and effectiveness
In administrating a conservation program
under this title, the Secretary shall, to the maximum extent
practicable—
(1) seek to reduce
administrative burdens and costs to producers by streamlining conservation
planning and program resources; and
(2) take advantage of
new technologies to enhance efficiency and effectiveness.
(k)
Relation to
other payments
Any payment
received by an owner or operator under this title, including an easement
payment or rental payment, shall be in addition to, and not affect, the total
amount of payments that the owner or operator is otherwise eligible to receive
under any of the following:
(1) This Act.
(2) The Agricultural
Act of 1949 (7 U.S.C. 1421 et seq.).
(3) The Federal Agriculture Reform and Risk
Management Act of 2013.
(4) Any law that
succeeds a law specified in paragraph (1), (2), or
(3).
.
(b)
Effective
date
The amendments made by
this section shall take effect on October 1, 2013.
2607.
Standards for
State technical committees
Section 1261(b) of the Food Security Act of
1985 (16 U.S.C. 3861(b)) is amended by striking Not later than 180 days
after the date of enactment of the Food, Conservation, and Energy Act of 2008,
the Secretary shall develop and inserting The Secretary shall
review and update as necessary.
2608.
Rulemaking
authority
Subtitle E of title
XII of the Food Security Act of 1985 (16 U.S.C. 3841 et seq.) is amended by
adding at the end the following new section:
1246.
Regulations
(a)
In
general
The Secretary shall
promulgate such regulations as are necessary to implement programs under this
title, including such regulations as the Secretary determines to be necessary
to ensure a fair and reasonable application of the limitations established
under section 1244(f).
(b)
Rulemaking
procedure
The promulgation of
regulations and administration of programs under this title—
(1) shall be carried
out without regard to—
(A) the Statement of
Policy of the Secretary effective July 24, 1971 (36 Fed. Reg. 13804), relating
to notices of proposed rulemaking and public participation in rulemaking;
and
(B) chapter 35 of
title 44, United States Code (commonly known as the Paperwork Reduction Act);
and
(2) shall be made as
an interim rule effective on publication with an opportunity for notice and
comment.
(2) shall be made pursuant to section 553 of
title 5, United States Code, including by interim rules effective on
publication under the authority provided in subparagraph (B) of subsection (b)
of such section if the Secretary determines such interim rules to be needed and
final rules, with an opportunity for notice and comment, no later than 21
months after the date of the enactment of the Federal Agriculture Reform and
Risk Management Act of 2013.
(c)
Congressional
review of agency rulemaking
In promulgating regulations under
this section, the Secretary shall use the authority provided under section 808
of title 5, United States
Code.
.
H
Repeal of
Superseded Program Authorities and Transitional Provisions; Technical
Amendments
2701.
Comprehensive
conservation enhancement program
(a)
Repeal
Section 1230 of the Food Security Act of
1985 (16 U.S.C. 3830) is repealed.
(b)
Conforming
amendment
The heading of chapter 1 of subtitle D of title XII of
the Food Security Act of 1985 (16 U.S.C. 3830 et seq.) is amended to read as
follows: Conservation
Reserve.
2702.
Emergency
forestry conservation reserve program
(a)
Repeal
Section 1231A of the Food Security Act of
1985 (16 U.S.C. 3831a) is repealed.
(b)
Transitional
provisions
(1)
Effect on
existing contracts
The
amendment made by this section shall not affect the validity or terms of any
contract entered into by the Secretary of Agriculture under section 1231A of
the Food Security Act of 1985 (16 U.S.C. 3831a) before October 1, 2013, or any
payments required to be made in connection with the contract.
(2)
Funding
The Secretary may use funds made available
to carry out the conservation reserve program under subchapter B of chapter 1
of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et
seq.) to continue to carry out contracts referred to in paragraph (1) using the
provisions of law and regulation applicable to such contracts as they existed
on September 30, 2013.
(c)
Effective
date
The amendment made by
this section shall take effect on October 1, 2013.
2703.
Wetlands
reserve program
(a)
Repeal
Subchapter C of chapter 1 of subtitle D of
title XII of the Food Security Act of 1985 (16 U.S.C. 3837 et seq.) is
repealed.
(b)
Transitional
provisions
(1)
Effect on
existing contracts
The
amendment made by this section shall not affect the validity or terms of any
contract entered into by the Secretary of Agriculture under subchapter C of
chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16
U.S.C. 3837 et seq.) before October 1, 2013, or any payments required to be
made in connection with the contract.
(2)
Funding
The Secretary may use funds made available
to carry out the agricultural conservation easement program under subtitle H of
title XII of the Food Security Act of 1985, as added by section 2301 of this
Act, to continue to carry out contracts referred to in paragraph (1) using the
provisions of law and regulation applicable to such contracts as they existed
on September 30, 2013.
(c)
Effective
date
The amendment made by
this section shall take effect on October 1, 2013.
2704.
Farmland
protection program and farm viability program
(a)
Repeal
Subchapter C of chapter 2 of subtitle D of
title XII of the Food Security Act of 1985 (16 U.S.C. 3838h et seq.) is
repealed.
(b)
Conforming
amendment
The heading of
chapter 2 of subtitle D of title XII of the Food Security Act of 1985 (16
U.S.C. 3838 et seq.) is amended by striking and Farmland
Protection.
(c)
Transitional
provisions
(1)
Effect on
existing contracts
The
amendments made by this section shall not affect the validity or terms of any
contract entered into by the Secretary of Agriculture under subchapter C of
chapter 2 of subtitle D of title XII of the Food Security Act of 1985 (16
U.S.C. 3838h et seq.) before October 1, 2013, or any payments required to be
made in connection with the contract.
(2)
Funding
The Secretary may use funds made available
to carry out the agricultural conservation easement program under subtitle H of
title XII of the Food Security Act of 1985, as added by section 2301 of this
Act, to continue to carry out contracts referred to in paragraph (1) using the
provisions of law and regulation applicable to such contracts as they existed
on September 30, 2013.
(d)
Effective
date
The amendments made by
this section shall take effect on October 1, 2013.
2705.
Grassland
reserve program
(a)
Repeal
Subchapter D of chapter 2 of subtitle D of
title XII of the Food Security Act of 1985 (16 U.S.C. 3838n et seq.) is
repealed.
(b)
Transitional
provisions
(1)
Effect on
existing contracts
The
amendment made by this section shall not affect the validity or terms of any
contract entered into by the Secretary of Agriculture under subchapter D of
chapter 2 of subtitle D of title XII of the Food Security Act of 1985 (16
U.S.C. 3838n et seq.) before October 1, 2013, or any payments required to be
made in connection with the contract.
(2)
Funding
The Secretary may use funds made available
to carry out the agricultural conservation easement program under subtitle H of
title XII of the Food Security Act of 1985, as added by section 2301 of this
Act, to continue to carry out contracts referred to in paragraph (1) using the
provisions of law and regulation applicable to such contracts as they existed
on September 30, 2013.
(c)
Effective
date
The amendment made by
this section shall take effect on October 1, 2013.
2706.
Agricultural water
enhancement program
(a)
Repeal
Section 1240I of the Food Security Act of
1985 (16 U.S.C. 3839aa–9) is repealed.
(b)
Transitional
provisions
(1)
Effect on
existing contracts
The
amendment made by this section shall not affect the validity or terms of any
contract entered into by the Secretary of Agriculture under section 1240I of
the Food Security Act of 1985 (16 U.S.C. 3839aa–9) before October 1, 2013, or
any payments required to be made in connection with the contract.
(2)
Funding
The Secretary may use funds made available
to carry out the regional conservation partnership program under subtitle I of
title XII of the Food Security Act of 1985, as added by section 2401 of this
Act, to continue to carry out contracts referred to in paragraph (1) using the
provisions of law and regulation applicable to such contracts as they existed
on September 30, 2013.
(c)
Effective
date
The amendment made by
this section shall take effect on October 1, 2013.
2707.
Wildlife
habitat incentive program
(a)
Repeal
Section 1240N of the Food Security Act of
1985 (16 U.S.C. 3839bb–1) is repealed.
(b)
Transitional
provisions
(1)
Effect on
existing contracts
The
amendment made by this section shall not affect the validity or terms of any
contract entered into by the Secretary of Agriculture under section 1240N of
the Food Security Act of 1985 (16 U.S.C. 3839bb–1) before October 1, 2013, or
any payments required to be made in connection with the contract.
(2)
Funding
The Secretary may use funds made available
to carry out the environmental quality incentives program under chapter 4 of
subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3839aa et
seq.) to continue to carry out contracts referred to in paragraph (1) using the
provisions of law and regulation applicable to such contracts as they existed
on September 30, 2013.
(c)
Effective
date
The amendment made by
this section shall take effect on October 1, 2013.
2708.
Great Lakes
basin program
(a)
Repeal
Section 1240P of the Food Security Act of
1985 (16 U.S.C. 3839bb–3) is repealed.
(b)
Effective
date
The amendment made by
this section shall take effect on October 1, 2013.
2709.
Chesapeake Bay
watershed program
(a)
Repeal
Section 1240Q of the Food Security Act of
1985 (16 U.S.C. 3839bb–4) is repealed.
(b)
Transitional
provisions
(1)
Effect on
existing contracts
The
amendment made by this section shall not affect the validity or terms of any
contract entered into by the Secretary of Agriculture under section 1240Q of
the Food Security Act of 1985 (16 U.S.C. 3839bb–4) before October 1, 2013, or
any payments required to be made in connection with the contract.
(2)
Funding
The Secretary may use funds made available
to carry out the regional conservation partnership program under subtitle I of
title XII of the Food Security Act of 1985, as added by section 2401 of this
Act, to continue to carry out contracts referred to in paragraph (1) using the
provisions of law and regulation applicable to such contracts as they existed
on September 30, 2013.
(c)
Effective
date
The amendment made by
this section shall take effect on October 1, 2013.
2710.
Cooperative
conservation partnership initiative
(a)
Repeal
Section 1243 of the Food Security Act of
1985 (16 U.S.C. 3843) is repealed.
(b)
Transitional
provisions
(1)
Effect on
existing contracts
The
amendment made by this section shall not affect the validity or terms of any
contract entered into by the Secretary of Agriculture under section 1243 of the
Food Security Act of 1985 (16 U.S.C. 3843) before October 1, 2013, or any
payments required to be made in connection with the contract.
(2)
Funding
The Secretary may use funds made available
to carry out the regional conservation partnership program under subtitle I of
title XII of the Food Security Act of 1985, as added by section 2401 of this
Act, to continue to carry out contracts referred to in paragraph (1) using the
provisions of law and regulation applicable to such contracts as they existed
on September 30, 2013.
(c)
Effective
date
The amendment made by
this section shall take effect on October 1, 2013.
2711.
Environmental
easement program
Chapter 3 of
subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3839 et
seq.) is repealed.
2712.
Technical
amendments
(a)
Definitions
Section 1201(a) of the Food Security Act of
1985 (16 U.S.C. 3801(a)) is amended in the matter preceding paragraph (1) by
striking E and inserting I.
(b)
Program
ineligibility
Section 1211(a)
of the Food Security Act of 1985 (16 U.S.C. 3811(a)) is amended by striking
predominate each place it appears and inserting
predominant.
(c)
Specialty crop
producers
Section 1242(i) of
the Food Security Act of 1985 (16 U.S.C. 3842(i)) is amended in the header by
striking Speciality and inserting
Specialty.
III
Trade
A
Food for Peace
Act
3001.
General
authority
Section 201 of the
Food for Peace Act (7 U.S.C. 1721) is amended—
(1) in the matter
preceding paragraph (1), by inserting (to be implemented by the
Administrator) after under this title; and
(2) by striking
paragraph (7) and the second sentence and inserting the following new
paragraph:
(7) build resilience to mitigate and prevent
food crises and reduce the future need for emergency
aid.
.
3002.
Support for
organizations through which assistance is provided
Section
202(e)(1) of the Food for Peace Act (7 U.S.C. 1722(e)(1)) is amended by
striking 13 percent and inserting 11
percent.
3003.
Food aid
quality
Section 202(h) of the
Food for Peace Act (7 U.S.C. 1722(h)) is amended—
(1) in paragraph
(1)—
(A) in the matter preceding subparagraph
(A)—
(i) by
striking The Administrator shall use funds made available for fiscal
year 2009 and inserting In consultation with the Secretary, the
Administrator shall use funds made available for fiscal year 2013;
and
(ii) by
inserting to establish a mechanism after this
title;
(B) by striking and at the end
of subparagraph (B); and
(C) by striking
subparagraph (C) and inserting the following new paragraphs:
(C) to evaluate, as necessary, the use of
current and new agricultural commodities and products thereof in different
program settings and for particular recipient groups, including the testing of
prototypes;
(D) to establish and implement
appropriate protocols for quality assurance of food products procured by the
Secretary for food aid programs; and
(E) to periodically update program
guidelines on the recommended use of agricultural commodities and food products
in food aid programs to reflect findings from the implementation of this
subsection and other relevant
information.
;
(2) in paragraph (2),
by striking The Administrator and inserting In
consultation with the Secretary, the Administrator; and
(3) in paragraph (3),
by striking section 207(f) and all that follows through the
period at the end and inserting the following:
section 207(f)—
(A) for fiscal years 2009 through 2013, not
more than $4,500,000 may be used to carry out this subsection; and
(B) for fiscal years 2014 through 2018, not
more than $1,000,000 may be used to carry out this
subsection.
.
3004.
Minimum levels of
assistance
Section 204(a) of
the Food for Peace Act (7 U.S.C. 1724(a)) is amended—
(1) in paragraph (1),
by striking 2012 and inserting 2018; and
(2) in paragraph (2), by striking
2012 and inserting 2018.
3005.
Food Aid
Consultative Group
(a)
Membership
Section 205(b) of the Food for Peace Act (7
U.S.C. 1725(b)) is amended—
(1) by striking
and at the end of paragraph (6);
(2) by redesignating paragraph (7) as paragraph
(8); and
(3) by inserting after
paragraph (6) the following new paragraph:
(7) representatives from the United States
agricultural processing sector involved in providing agricultural commodities
for programs under this Act;
and
.
(b)
Consultation
Section 205(d) of the Food for Peace Act (7
U.S.C. 1725(d)) is amended—
(1) by striking the
first sentence and inserting the following:
(1)
Consultation in
advance of issuance of implementation regulations, handbooks, and
guidelines
Not later than 45
days before a proposed regulation, handbook, or guideline implementing this
title, or a proposed significant revision to a regulation, handbook, or
guideline implementing this title, becomes final, the Administrator shall
provide the proposal to the Group for review and
comment.
;
and
(2) by adding at the
end the following new paragraph:
(2)
Consultation
regarding food aid quality efforts
The Administrator shall seek input from and
consult with the Group on the implementation of section
202(h).
.
(c)
Reauthorization
Section 205(f) of the Food for Peace Act (7
U.S.C. 1725(f)) is amended by striking 2012 and inserting
2018.
3006.
Oversight,
monitoring, and evaluation
(a)
Regulations and
guidance
Section 207(c) of
the Food for Peace Act (7 U.S.C. 1726a(c)) is amended—
(1) in the subsection
heading, by inserting and
Guidance after Regulations;
(2) in paragraph (1),
by adding at the end the following new sentence: Not later than 270 days
after the date of the enactment of the Federal Agriculture Reform and Risk Management Act of
2013, the Administrator shall issue all regulations and revisions
to agency guidance necessary to implement the amendments made to this title by
such Act.; and
(3) in paragraph (2),
by inserting and guidance after develop
regulations.
(b)
Funding
Section
207(f) of the Food for Peace Act (7 U.S.C. 1726a(f)) is amended—
(1) in paragraph
(2)—
(A) by inserting
and at the end of subparagraph (D);
(B) by striking
; and at the end of subparagraph (E) and inserting the period;
and
(C) by striking
subparagraph (F);
(2) by striking
paragraphs (3) and (4); and
(3) by redesignating
paragraphs (5) and (6) as paragraphs (3) and (4), respectively; and
(4) in paragraph (4)
(as so redesignated)—
(A) in subparagraph
(A), by striking 2012 and all that follows through the period at
the end and inserting 2013, and up to $10,000,000 of such funds for each
of fiscal years 2014 through 2018.; and
(B) in subparagraph
(B)(i), by striking 2012 and inserting
2018.
(c)
Implementation
reports
Not later than 270
days after the date of the enactment of this Act, the Administrator of the
Agency for International Development shall submit to the Committee on
Agriculture, Nutrition, and Forestry of the Senate and the Committees on
Agriculture and Foreign Affairs of the House of Representatives a report
describing—
(1) the implementation of section 207(c) of the
Food for Peace Act (7 U.S.C. 1726a(c));
(2) the surveys, studies, monitoring,
reporting, and audit requirements for programs conducted under title II of such
Act (7 U.S.C. 1721 et seq.) by an eligible organization that is a
nongovernmental organization (as such term is defined in section 402 of such
Act (7 U.S.C. 1732)); and
(3) the surveys, studies, monitoring,
reporting, and audit requirements for such programs by an eligible organization
that is an intergovernmental organization, such as the World Food Program or
other multilateral organization.
3007.
Assistance for
stockpiling and rapid transportation, delivery, and distribution of
shelf-stable prepackaged foods
Section 208(f) of the Food for Peace Act (7
U.S.C. 1726b(f)) is amended by striking 2012 and inserting
2018.
3008.
General
provisions
(a)
Impact on Local
Farmers and Economy
Section
403(b) of the Food for Peace Act (7 U.S.C. 1733(b)) is amended by adding at the
end the following new sentence: The Secretary or the Administrator, as
appropriate, shall seek information, as part of the regular proposal and
submission process, from implementing agencies on the potential benefits to the
local economy of sales of agricultural commodities within the recipient
country..
(b)
Prevention of
price disruptions
Section
403(e) of the Food for Peace Act (7 U.S.C. 1733(e)) is amended—
(1) in paragraph (2), by striking
reasonable market price and inserting fair market
value; and
(2) by adding at the
end the following new paragraph:
(3)
Coordination on
assessments
The Secretary and
the Administrator shall coordinate in assessments to carry out paragraph (1)
and in the development of approaches to be used by implementing agencies for
determining the fair market value described in paragraph
(2).
.
(c)
Report on use of
funds
Section 403 of the Food
for Peace Act (7 U.S.C. 1733) is amended by adding at the end the following new
subsection:
(m)
Report on use of
funds
Not later than 180 days
after the date of the enactment of the Federal Agriculture Reform and Risk Management Act of
2013, and annually thereafter, the Administrator shall submit to
Congress a report—
(1) specifying the amount of funds (including
funds for administrative costs, indirect cost recovery, and internal
transportation, storage and handling, and associated distribution costs)
provided to each eligible organization that received assistance under this Act
in the previous fiscal year; and
(2) describing how
those funds were used by the eligible
organization.
.
3009.
Prepositioning of
agricultural commodities
Section 407(c)(4) of the Food for Peace Act
(7 U.S.C. 1736a(c)(4)) is amended—
(1) in subparagraph
(A)—
(A) by striking
2012 and inserting 2018; and
(B) by striking for each such fiscal
year not more than $10,000,000 of such funds and inserting for
each of fiscal years 2001 through 2013 not more than $10,000,000 of such funds
and for each of fiscal years 2014 through 2018 not more than $15,000,000 of
such funds; and
(2) by striking
subparagraph (B) and inserting the following new subparagraph:
(B)
Additional
prepositioning sites
The
Administrator may establish additional sites for prepositioning in foreign
countries or change the location of current sites for prepositioning in foreign
countries after conducting, and based on the results of, assessments of need,
the availability of appropriate technology for long-term storage, feasibility,
and
cost.
.
3010.
Annual report
regarding food aid programs and activities
Section 407(f)(1) of the Food for Peace Act
(7 U.S.C. 1736a(f)(1)) is amended—
(1) in the paragraph
heading, by striking agricultural trade and inserting
food
aid;
(2) in subparagraph
(B)(ii), by inserting before the semicolon at the end the following: and
the total number of beneficiaries of the project and the activities carried out
through such project; and
(3) in subparagraph (B)(iii)—
(A) in the matter preceding subclause (I), by
inserting , and the total number of beneficiaries in, after
commodities made available to;
(B) by striking
and at the end of subclause (I);
(C) by inserting and at the end
of subclause (II); and
(D) by inserting after
subclause (II) the following new subclause:
(III) the McGovern-Dole International Food for
Education and Child Nutrition Program established by section 3107 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C.
1736o-1);
.
3011.
Deadline for
agreements to finance sales or to provide other assistance
Section 408 of the Food for Peace Act (7
U.S.C. 1736b) is amended by striking 2012 and inserting
2018.
3012.
Authorization of
appropriations
(a)
Authorization of
appropriations
Section
412(a)(1) of the Food for Peace Act (7 U.S.C. 1736f(a)(1)) is amended by
striking for fiscal year 2008 and each fiscal year thereafter,
$2,500,000,000 and inserting $2,500,000,000 for each of fiscal
years 2008 through 2013 and $2,000,000,000 for each of fiscal years 2014
through 2018.
(b)
Minimum level of
nonemergency food assistance
Paragraph (1) of section 412(e) of
the Food for Peace Act (7 U.S.C. 1736f(e)) is amended to read as
follows:
(1)
Funds and
commodities
For each of
fiscal years 2014 through 2018, of the amounts made available to carry out
emergency and nonemergency food assistance programs under title II, not less
than $400,000,000 shall be expended for nonemergency food assistance programs
under such
title.
.
3013.
Micronutrient
fortification programs
(a)
Elimination of
obsolete reference to study
Section 415(a)(2)(B) of the Food for Peace
Act (7 U.S.C. 1736g–2(a)(2)(B)) is amended by striking , using
recommendations and all that follows through quality
enhancements.
(b)
Extension
Section 415(c) of the Food for Peace Act (7
U.S.C. 1736g–2(c)) is amended by striking 2012 and inserting
2018.
3014.
John Ogonowski and
Doug Bereuter Farmer-to-Farmer Program
Section 501 of the Food for Peace Act (7
U.S.C. 1737) is amended—
(1) in subsection (d),
in the matter preceding paragraph (1), by striking 2012 and
inserting 2013, and not less than the greater of $15,000,000 or 0.5
percent of the amounts made available for each of fiscal years 2014 through
2018,; and
(2) in subsection (e)(1), by striking
2012 and inserting 2018.
B
Agricultural Trade
Act of 1978
3101.
Funding for export
credit guarantee program
Section 211(b) of the Agricultural Trade Act
of 1978 (7 U.S.C. 5641(b)) is amended by striking 2012 and
inserting 2018.
3102.
Funding for market
access program
Section
211(c)(1)(A) of the Agricultural Trade Act of 1978 (7 U.S.C. 5641(c)(1)(A)) is
amended by striking 2012 and inserting
2018.
3103.
Foreign market
development cooperator program
Section 703(a) of the Agricultural Trade Act
of 1978 (7 U.S.C. 5723(a)) is amended by striking 2012 and
inserting 2018.
C
Other Agricultural
Trade Laws
3201.
Food for Progress
Act of 1985
(a)
Extension
The Food for Progress Act of 1985 (7 U.S.C.
1736o) is amended—
(1) in subsection (f)(3), by striking
2012 and inserting 2018;
(2) in subsection (g),
by striking 2012 and inserting 2018;
(3) in subsection (k),
by striking 2012 and inserting 2018; and
(4) in subsection
(l)(1), by striking 2012 and inserting
2018.
(b)
Repeal of
completed project
Subsection
(f) of the Food for Progress Act of 1985 (7 U.S.C. 1736o) is amended by
striking paragraph (6).
3202.
Bill Emerson
Humanitarian Trust
Section 302
of the Bill Emerson Humanitarian Trust Act (7 U.S.C. 1736f–1) is
amended—
(1) in subsection (b)(2)(B)(i), by striking
2012 both places it appears and inserting 2018;
and
(2) in subsection (h), by striking
2012 both places it appears and inserting
2018.
3203.
Promotion of
agricultural exports to emerging markets
(a)
Direct credits
or export credit guarantees
Section 1542(a) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (Public Law 101–624; 7 U.S.C. 5622 note) is
amended by striking 2012 and inserting
2018.
(b)
Development of
agricultural systems
Section
1542(d)(1)(A)(i) of the Food, Agriculture, Conservation, and Trade Act of 1990
(Public Law 101–624; 7 U.S.C. 5622 note) is amended by striking
2012 and inserting 2018.
3204.
McGovern-Dole
International Food for Education and Child Nutrition Program
(a)
Reauthorization
Section 3107(l)(2) of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 1736o–1(l)(2)) is amended by striking
2012 and inserting 2018.
(b)
Technical
correction
Section 3107(d) of
the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o–1(d)) is
amended by striking to in the matter preceding paragraph
(1).
3205.
Technical
assistance for specialty crops
(a)
Purpose
Section 3205(b) of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 5680(b)) is amended by striking
related barriers to trade and inserting technical
barriers to trade.
(b)
Funding
Section 3205(e)(2) of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 5680(e)(2)) is amended—
(1) by inserting
and at the end of subparagraph (C); and
(2) by striking
subparagraphs (D) and (E) and inserting the following new subparagraph:
(D) $9,000,000 for each of fiscal years 2011
through
2018.
.
3206.
Global Crop
Diversity Trust
Section
3202(c) of the Food, Conservation, and Energy Act of 2008 (Public Law 110–246;
22 U.S.C. 2220a note) is amended by striking section and all
that follows through the period and inserting the
following:
section—
(1) $60,000,000 for the period of fiscal years
2008 through 2013; and
(2) $50,000,000 for
the period of fiscal years 2014 through
2018.
.
3207.
Under
Secretary of Agriculture for Foreign Agricultural Services
(a)
In
general
Subtitle B of the
Department of Agriculture Reorganization Act of 1994 is amended by inserting
after section 225 (7 U.S.C. 6931) the following new section:
225A.
Under
Secretary of Agriculture for Foreign Agricultural Services
(a)
Authorization
The
Secretary is authorized to establish in the Department the position of Under
Secretary of Agriculture for Foreign Agricultural Services.
(b)
Confirmation
required
If the Secretary establishes the position of Under
Secretary of Agriculture for Foreign Agricultural Services under subsection
(a), the Under Secretary shall be appointed by the President, by and with the
advice and consent of the Senate.
(c)
Functions of
under secretary
(1)
Principal
functions
Upon establishment, the Secretary shall delegate to the
Under Secretary of Agriculture for Foreign Agricultural Services those
functions under the jurisdiction of the Department that are related to foreign
agricultural services.
(2)
Additional
functions
The Under Secretary of Agriculture for Foreign
Agricultural Services shall perform such other functions as may be required by
law or prescribed by the Secretary.
(d)
Succession
Any
official who is serving as Under Secretary of Agriculture for Farm and Foreign
Agricultural Services on the date of the enactment of this section and who was
appointed by the President, by and with the advice and consent of the Senate,
shall not be required to be reappointed under subsection (b) or section 225(b)
to the successor position authorized under subsection (a) or section 225(a) if
the Secretary establishes the position, and the official occupies the new
position, with 180 days after the date of the enactment of this section (or
such later date set by the Secretary if litigation delays rapid
succession).
.
(b)
Conforming
amendments
Section 225 of the
Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6931) is
amended—
(1) by striking Under Secretary of
Agriculture for Farm and Foreign Agricultural Services each place it
appears and inserting Under Secretary of Agriculture for Farm
Services; and
(2) in subsection (c)(1), by striking
and foreign agricultural.
(c)
Permanent
authority
Section 296(b) of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 7014(b)) is amended—
(1) in paragraph
(6)(C), by striking or at the end;
(2) in paragraph (7),
by striking the period at the end and inserting a semicolon; and
(3) by adding at the
end the following new paragraph:
(8) the authority of the Secretary to establish
in the Department the position of Under Secretary of Agriculture for Foreign
Agricultural Services in accordance with section
225A;
.
IV
Nutrition
A
Supplemental
nutrition assistance program
4001.
Preventing
payment of cash to recipients of supplemental nutrition assistance for the
return of empty bottles and cans used to contain food purchased with benefits
provided under the program
Section 3(k)(1) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2012(k)(1)) is amended—
(1) by striking and hot foods
and inserting hot foods; and
(2) by adding at the
end the following:
and any
deposit fee in excess of amount of the State fee reimbursement (if any)
required to purchase any food or food product contained in a returnable bottle
or can, regardless of whether such fee is included in the shelf price posted
for such food or food
product,
.
4002.
Retailers
(a)
Definition of
retail food store
Section 3(p)(1)(A) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2012(p)(1)(A)) is amended by striking at least
2 and inserting at least 3.
(b)
Alternative
benefit delivery
Section 7(f) of the Food and Nutrition Act of
2008 (7 U.S.C. 2016(f)) is amended—
(1) by striking
paragraph (2) and inserting the following:
(2)
Imposition of
costs
(A)
In
general
Except as provided in subparagraph (B), the Secretary
shall require participating retailers (including restaurants participating in a
State option restaurant program intended to serve the elderly, disabled, and
homeless) to pay 100 percent of the costs of acquiring, and arrange for the
implementation of, electronic benefit transfer point-of-sale equipment and
supplies.
(B)
Exemptions
The
Secretary may exempt from subparagraph (A)—
(i) farmers’ markets,
military commissaries, nonprofit food buying cooperatives, and establishments,
organizations, programs, or group living arrangements described in paragraphs
(5), (7), and (8) of section 3(k); and
(ii) establishments
described in paragraphs (3), (4), and (9) of section 3(k), other than
restaurants participating in a State option restaurant
program.
;
and
(2) by adding at the
end the following:
(4)
Termination of
manual vouchers
(A)
In
general
Effective beginning on the effective date of this
paragraph, except as provided in subparagraph (B), no State shall issue manual
vouchers to a household that receives supplemental nutrition assistance under
this Act or allow retailers to accept manual vouchers as payment, unless the
Secretary determines that the manual vouchers are necessary, such as in the
event of an electronic benefit transfer system failure or a disaster
situation.
(B)
Exemptions
The
Secretary may exempt categories of retailers or individual retailers from
subparagraph (A) based on criteria established by the Secretary.
(5)
Unique
identification number required
In an effort to enhance the antifraud
protections of the program, the Secretary shall require all parties providing
electronic benefit transfer services to provide for and maintain a unique
terminal identification number information through the supplemental nutrition
assistance program electronic benefit transfer transaction routing system. In
developing the regulations implementing this paragraph, the Secretary shall
consider existing commercial practices for other point-of-sale debit
transactions. The Secretary shall issue proposed regulations implementing this
paragraph not earlier than 2 years after the date of enactment of this
paragraph.
.
(c)
Electronic
benefit transfers
Section 7(h)(3)(B) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2016(h)(3)(B)) is amended by striking is
operational— and all that follows through (ii) in the case of
other participating stores, and inserting is
operational.
(d)
Approval of
retail food stores and wholesale food concerns
Section 9 of the Food and Nutrition Act of
2008 (7 U.S.C. 2018) is amended—
(1) in the 2d sentence of subsection (a)(1) by
striking ; and (C) and inserting ; (C) whether the
applicant is located in an area with significantly limited access to food; and
(D); and
(2) by adding at the end the following:
(g)
EBT service
requirement
An approved
retail food store shall provide adequate EBT service as described in section
7(h)(3)(B).
.
4003.
Enhancing
services to elderly and disabled supplemental nutrition assistance program
recipients
(a)
Enhancing
services to elderly and disabled program recipients
Section 3(p)
of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(p)) is amended—
(1) in paragraph (3)
by striking and at the end,
(2) in paragraph (4)
by striking the period at the end and inserting ; and,
and
(3) by inserting after
paragraph (4) the following:
(5) a governmental or
private nonprofit food purchasing and delivery service that—
(A) purchases food
for, and delivers such food to, individuals who are—
(i) unable to shop for
food; and
(ii)
(I) not less than 60 years
of age; or
(II) physically or mentally handicapped or
otherwise disabled;
(B) clearly notifies
the participating household at the time such household places a food
order—
(i) of
any delivery fee associated with the food purchase and delivery provided to
such household by such service; and
(ii) that a delivery
fee cannot be paid with benefits provided under supplemental nutrition
assistance program; and
(C) sells food
purchased for such household at the price paid by such service for such food
and without any additional cost
markup.
.
(b)
Implementation
(1)
Issuance of
rules
The Secretary of
Agriculture shall issue regulations that—
(A) establish criteria
to identify a food purchasing and delivery service referred to in section
3(p)(5) of the Food and Nutrition Act of 2008 as amended by this Act,
and
(B) establish
procedures to ensure that such service—
(i) does
not charge more for a food item than the price paid by the such service for
such food item,
(ii) offers food
delivery service at no or low cost to households under such Act,
(iii) ensures that
benefits provided under the supplemental nutrition assistance program are used
only to purchase food, as defined in section 3 of such Act,
(iv) limits the
purchase of food, and the delivery of such food, to households eligible to
receive services described in section 3(p)(5) of such Act as so amended,
(v) has
established adequate safeguards against fraudulent activities, including
unauthorized use of electronic benefit cards issued under such Act, and
(vi) such other
requirements as the Secretary deems to be appropriate.
(2)
Limitation
Before the issuance of rules under
paragraph (1) , the Secretary of Agriculture may not approve more than 20 food
purchasing and delivery services referred to in section 3(p)(5) of the Food and
Nutrition Act of 2008 as amended by this Act, to participate as retail food
stores under the supplemental nutrition assistance program.
4004.
Food
distribution program on Indian reservations
Section 4(b)(6)(F) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2013(b)(6)(F)) is amended by striking 2012
and inserting 2018.
4005.
Updating
program eligibility
Section 5
of the Food and Nutrition Act of 2008 (7 U.S.C. 2014) is amended—
(1) in the 2d sentence of subsection (a) by
striking households in which each member receives benefits and
inserting households in which each member receives cash
assistance, and
(2) in subsection (j) by striking or who
receives benefits under a State program and inserting or who
receives cash assistance under a State program.
4006.
Exclusion of
medical marijuana from excess medical expense deduction
Section 5(e)(5) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2014(e)(5)) is amended by adding at the end the
following:
(C)
Exclusion of
medical marijuana
The
Secretary shall promulgate rules to ensure that medical marijuana is not
treated as a medical expense for purposes of this
paragraph.
.
4007.
Standard
utility allowances based on the receipt of energy assistance payments
(a)
Standard utility
allowances in the supplemental nutrition assistance program
Section 5(e)(6)(C) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2014(e)(6)(C)) is amended—
(1) in clause (i) by
inserting , subject to clause (iv) after
Secretary; and
(2) by striking
subclause (I) of clause (iv) and in inserting the following:
(I)
In
general
Subject to subclause (II), if a State agency elects to
use a standard utility allowance that reflects heating and cooling costs, the
standard utility allowance shall be made available to households that received
a payment, or on behalf of which a payment was made, under the Low-Income Home
Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.) or other similar energy
assistance program, if in the current month or in the immediately preceding 12
months, the household either received such payment, or such payment was made on
behalf of the household, that was greater than $20 annually, as determined by
the Secretary.
;
and
(b)
Conforming
amendment
Section 2605(f)(2)(A) of the Low-Income Home Energy
Assistance Act of 1981 (42 U.S.C. 8624(f)(2)(A)) is amended by inserting before
the semicolon the following:
, except
that, for purposes of the supplemental nutrition assistance program established
under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), such payments
or allowances were greater than $20 annually, consistent with section
5(e)(6)(C)(iv)(I) of that Act (7 U.S.C. 2014(e)(6)(C)(iv)(I)), as determined by
the Secretary of
Agriculture
.
(c)
Effective date
and implementation
(1)
In
general
Except as provided in paragraph (2), this section and the
amendments made by this section shall take effect on October 1, 2013, and shall
apply with respect to certification periods that begin after such date.
(2)
State option to
delay implementation for current recipients
A State may, at the
option of the State, implement a policy that eliminates or reduces the effect
of the amendments made by this section on households that received a standard
utility allowance as of the date of enactment of this Act, for not more than a
180-day period that begins on the date on which such amendments would otherwise
apply to the respective household.
4008.
Eligibility
disqualifications
Section
6(e)(3)(B) of Food and Nutrition Act of 2008 (7 U.S.C. 2015(e)(3)(B)) is
amended by striking section; and inserting the following:
section, subject to the condition
that the course or program of study—
(i) is
part of a program of career and technical education (as defined in section 3 of
the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C.
2302)) that may be completed in not more than 4 years at an institution of
higher education (as defined in section 102 of the Higher Education Act of 1965
(20 U.S.C. 1002)); or
(ii) is limited to
remedial courses, basic adult education, literacy, or English as a second
language;
.
4009.
Ending
supplemental nutrition assistance program benefits for lottery or gambling
winners
(a)
In
general
Section 6 of the Food and Nutrition Act of 2008 (7 U.S.C.
2015) is amended by adding at the end the following:
(r)
Ineligibility
for benefits due to receipt of substantial lottery or gambling
winnings
(1)
In
general
Any household in which a member receives substantial
lottery or gambling winnings, as determined by the Secretary, shall lose
eligibility for benefits immediately upon receipt of the winnings.
(2)
Duration of
ineligibility
A household described in paragraph (1) shall remain
ineligible for participation until the household meets the allowable financial
resources and income eligibility requirements under subsections (c), (d), (e),
(f), (g), (i), (k), (l), (m), and (n) of section 5.
(3)
Agreements
As
determined by the Secretary, each State agency, to the maximum extent
practicable, shall establish agreements with entities responsible for the
regulation or sponsorship of gaming in the State to determine whether
individuals participating in the supplemental nutrition assistance program have
received substantial lottery or gambling
winnings.
.
(b)
Conforming
amendments
Section 5(a) of the Food and Nutrition Act of 2008 (7
U.S.C. 2014(a)) is amended in the 2d sentence by striking sections 6(b),
6(d)(2), and 6(g) and inserting subsections (b), (d)(2), (g),
and (r) of section 6.
4010.
Improving security
of food assistance
Section
7(h)(8) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(h)(8)) is
amended—
(1) in the heading by
striking card
fee and inserting of cards;
(2) by striking
A State and inserting the following:
(A)
Fees
A
State
;
and
(3) by adding after
subparagraph (A) (as so designated by paragraph (2)) the following:
(B)
Purposeful loss
of cards
(i)
In
general
Subject to terms and conditions established by the
Secretary in accordance with clause (ii), if a household makes excessive
requests for replacement of the electronic benefit transfer card of the
household, the Secretary may require a State agency to decline to issue a
replacement card to the household unless the household, upon request of the
State agency, provides an explanation for the loss of the card.
(ii)
Requirements
The
terms and conditions established by the Secretary shall provide that—
(I) the household be
given the opportunity to provide the requested explanation and meet the
requirements under this paragraph promptly;
(II) after an
excessive number of lost cards, the head of the household shall be required to
review program rights and responsibilities with State agency personnel
authorized to make determinations under section 5(a); and
(III) any action
taken, including actions required under section 6(b)(2), other than the
withholding of the electronic benefit transfer card until an explanation
described in subclause (I) is provided, shall be consistent with the due
process protections under section 6(b) or 11(e)(10), as appropriate.
(C)
Protecting
vulnerable persons
In implementing this paragraph, a State agency
shall act to protect homeless persons, persons with disabilities, victims of
crimes, and other vulnerable persons who lose electronic benefit transfer cards
but are not intentionally committing fraud.
(D)
Effect on
eligibility
While a State may decline to issue an electronic
benefits transfer card until a household satisfies the requirements under this
paragraph, nothing in this paragraph shall be considered a denial of, or
limitation on, the eligibility for benefits under section
5.
.
4011.
Demonstration
projects on acceptance of benefits of mobile transactions
Section 7(h) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2016(h)) is amended by adding at the end the
following:
(14)
Demonstration
projects on acceptance of benefits of mobile transactions
(A)
In
general
The Secretary shall pilot the use of mobile technologies
determined by the Secretary to be appropriate to test the feasibility and
implications for program integrity, by allowing retail food stores, farmers
markets, and other direct producer-to-consumer marketing outlets to accept
benefits from recipients of supplemental nutrition assistance through mobile
transactions.
(B)
Demonstration
projects
To be eligible to participate in a demonstration project
under subsection (a), a retail food store, farmers market, or other direct
producer-to-consumer marketing outlet shall submit to the Secretary for
approval a plan that includes—
(i) a
description of the technology;
(ii) the manner by
which the retail food store, farmers market or other direct
producer-to-consumer marketing outlet will provide proof of the transaction to
households;
(iii) the provision of
data to the Secretary, consistent with requirements established by the
Secretary, in a manner that allows the Secretary to evaluate the impact of the
demonstration on participant access, ease of use, and program integrity;
and
(iv) such other
criteria as the Secretary may require.
(C)
Date of
completion
The demonstration projects under this paragraph shall
be completed and final reports submitted to the Secretary by not later than
July 1, 2016.
(D)
Report to
congress
The Secretary shall submit a report to the Committee on
Agriculture of the House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate that includes a finding, based on the
data provided under subparagraph (C) whether or not implementation in all
States is in the best interest of the supplemental nutrition assistance
program.
.
4012.
Use of
benefits for purchase of community-supported agriculture share
Section 10 of the Food and Nutrition Act of
2008 (7 U.S.C. 2019) is amended in the 1st sentence by inserting
agricultural producers who market agricultural products directly to
consumers shall be authorized to redeem benefits for the initial cost of the
purchase of a community-supported agriculture share, after food
so purchased,.
4013.
Restaurant
meals program
(a)
In
general
Section 11(e) of the
Food and Nutrition Act of 2008 (7 U.S.C. 2020(e)) is amended—
(1) in paragraph (22) by striking
and at the end;
(2) in paragraph (23)(C) by striking the period
at the end and inserting ; and; and
(3) by adding at the end the following:
(24) if the State elects to carry out a program
to contract with private establishments to offer meals at concessional prices,
as described in paragraphs (3), (4), and (9) of section 3(k)—
(A) the plans of the State agency for operating
the program, including—
(i) documentation of a
need that eligible homeless, elderly, and disabled clients are underserved in a
particular geographic area;
(ii) the manner by
which the State agency will limit participation to only those private
establishments that the State determines necessary to meet the need identified
in clause (i); and
(iii) any other
conditions the Secretary may prescribe, such as the level of security necessary
to ensure that only eligible recipients participate in the program; and
(B) a report by the
State agency to the Secretary annually, the schedule of which shall be
established by the Secretary, that includes—
(i) the number of
households and individual recipients authorized to participate in the program,
including any information on whether the individual recipient is elderly,
disabled, or homeless; and
(ii) an assessment of
whether the program is meeting an established need, as documented under
subparagraph
(A)(i).
.
(b)
Approval of
retail food stores and wholesale food concerns
Section 9 of the
Food and Nutrition Act of 2008 (7 U.S.C. 2018) is amended by adding at the end
the following:
(h)
Private
establishments
(1)
In
general
Subject to paragraph (2), no private establishment that
contracts with a State agency to offer meals at concessional prices as
described in paragraphs (3), (4), and (9) of section 3(k) may be authorized to
accept and redeem benefits unless the Secretary determines that the
participation of the private establishment is required to meet a documented
need in accordance with section 11(e)(24).
(2)
Existing
contracts
(A)
In
general
If, on the day before the effective date of this
subsection, a State has entered into a contract with a private establishment
described in paragraph (1) and the Secretary has not determined that the
participation of the private establishment is necessary to meet a documented
need in accordance with section 11(e)(24), the Secretary shall allow the
operation of the private establishment to continue without that determination
of need for a period not to exceed 180 days from the date on which the
Secretary establishes determination criteria, by regulation, under section
11(e)(24).
(B)
Justification
If
the Secretary determines to terminate a contract with a private establishment
that is in effect on the effective date of this subsection, the Secretary shall
provide justification to the State in which the private establishment is
located for that termination.
(3)
Report to
Congress
Not later than 90 days after September 30, 2014, and 90
days after the last day of each fiscal year thereafter, the Secretary shall
report to the Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate on the
effectiveness of a program under this subsection using any information received
from States under section 11(e)(24) as well as any other information the
Secretary may have relating to the manner in which benefits are
used.
.
(c)
Conforming
amendments
Section 3(k) of the Food and Nutrition Act of 2008 (7
U.S.C. 2012(k)) is amended by inserting subject to section 9(h)
after concessional prices each place it appears.
4014.
Mandating
State immigration verification
Section 11(p) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2020(p)) is amended to read as follows:
(p)
State
verification option
In
carrying out the supplemental nutrition assistance program, a State agency
shall be required to use an income and eligibility, or an immigration status,
verification system established under section 1137 of the Social Security Act
(42 U.S.C. 1320b–7), in accordance with standards set by the
Secretary.
.
4015.
Data exchange
standardization for improved interoperability
(a)
Data Exchange
Standardization
Section 11 of
the Food and Nutrition Act of 2008 (7 U.S.C. 2020) is amended by adding at the
end the following:
(v)
Data exchange
standardization for improved interoperability
(1)
Data exchange
standards
(A)
Designation
The
Secretary, in consultation with an interagency work group which shall be
established by the Office of Management and Budget, and considering State
perspectives, shall, by rule, designate a data exchange standard for any
category of information required to be reported under this Act.
(B)
Data exchange
standards must be nonproprietary and interoperable
The data
exchange standard designated under subparagraph (A) shall, to the extent
practicable, be nonproprietary and interoperable.
(C)
Other
requirements
In designating data exchange standards under this
subsection, the Secretary shall, to the extent practicable, incorporate—
(i) interoperable
standards developed and maintained by an international voluntary consensus
standards body, as defined by the Office of Management and Budget, such as the
International Organization for Standardization;
(ii) interoperable
standards developed and maintained by intergovernmental partnerships, such as
the National Information Exchange Model; and
(iii) interoperable
standards developed and maintained by Federal entities with authority over
contracting and financial assistance, such as the Federal Acquisition
Regulatory Council.
(2)
Data exchange
standards for reporting
(A)
Designation
The
Secretary, in consultation with an interagency work group established by the
Office of Management and Budget, and considering State perspectives, shall, by
rule, designate data exchange standards to govern the data reporting required
under this part.
(B)
Requirements
The
data exchange standards required by subparagraph (A) shall, to the extent
practicable—
(i) incorporate a
widely-accepted, nonproprietary, searchable, computer-readable format;
(ii) be consistent
with and implement applicable accounting principles; and
(iii) be capable of
being continually upgraded as necessary.
(C)
Incorporation of
nonproprietary standards
In designating reporting standards under
this subsection, the Secretary shall, to the extent practicable, incorporate
existing nonproprietary standards, such as the eXtensible Markup
Language.
.
(b)
Effective
Dates
(1)
Data exchange
standards
The Secretary of Agriculture shall issue a proposed
rule under section 11(v)(1) of the Food and Nutrition Act of 2008 within 12
months after the effective date of this section, and shall issue a final rule
under such section after public comment, within 24 months after such effective
date.
(2)
Data reporting
standards
The reporting standards required under section 11(v)(2)
of such Act shall become effective with respect to reports required in the
first reporting period, after the effective date of the final rule referred to
in paragraph (1) of this subsection, for which the authority for data
collection and reporting is established or renewed under the Paperwork
Reduction Act.
4016.
Prohibiting
government-sponsored recruitment activities
(a)
Administrative
cost-sharing and quality control
Section 16(a)(4) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2025(a)(4)) is amended by inserting after
recruitment activities the following: designed to
persuade an individual to apply for program benefits or that promote the
program via television, radio, or billboard advertisements.
(b)
Limitation on
use of funds authorized to be appropriated under Act
Section 18 of the Food and Nutrition Act of
2008 (7 U.S.C. 2027) is amended by adding at the end the following:
(g)
(1) Except as provided in paragraph (2), no
funds authorized to be appropriated under this Act shall be used by the
Secretary for—
(A) recruitment activities designed to
persuade an individual to apply for supplemental nutrition assistance program
benefits;
(B) television, radio, or billboard
advertisements that are designed to promote supplemental nutrition assistance
program benefits and enrollment; or
(C) any agreements with foreign governments
designed to promote supplemental nutrition assistance program benefits and
enrollment.
(2) Paragraph (1)(B) shall not apply to
programmatic activities undertaken with respect to benefits made available in
response to a natural
disaster.
.
4017.
Repeal of
bonus program
Section 16(d) of
the Food and Nutrition Act of 2008 (7 U.S.C. 2025(d)) is repealed.
4018.
Funding of
employment and training programs
Section 16(h)(1)(A) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2025(h)(1)(A)) is amended by striking
$90,000,000 and all that follows through
$79,000,000, and inserting $79,000,000 for each fiscal
year.
4019.
Monitoring
employment and training program
(a)
Reporting
measures
Section 16(h)(5) of the Food and Nutrition Act of 2008
(7 U.S.C. 2025(h)(5)) is amended to read:
(5)
(A)
In
general
The Secretary shall monitor the employment and training
programs carried out by State agencies under section 6(d)(4) and assess their
effectiveness in—
(i) preparing members of households
participating in the supplemental nutrition assistance program for employment,
including the acquisition of basic skills necessary for employment; and
(ii) increasing the numbers of
household members who obtain and retain employment subsequent to their
participation in such employment and training programs.
(B)
Reporting measures
The
Secretary, in consultation with the Secretary of Labor, shall develop reporting
measures that identify improvements in the skills, training education or work
experience of members of households participating in the supplemental nutrition
assistance program. Measures shall be based on common measures of performance
for federal workforce training programs, so long as they reflect the challenges
facing the types of members of households participating in the supplemental
nutrition assistance program who participate in a specific employment and
training component. The Secretary shall require that each State employment and
training plan submitted under section 11(3)(19) identify appropriate reporting
measures for each of their proposed components that serve at least 100 people.
Such measures may include:
(i) the percentage and number of
program participants who received employment and training services and are in
unsubsidized employment subsequent to the receipt of those services;
(ii) the percentage and number of
program participants who obtain a recognized postsecondary credential,
including a registered apprenticeship, or a regular secondary school diploma or
its recognized equivalent, while participating in or within 1 year after
receiving employment and training services;
(iii) the percentage and number of
program participants who are in an education or training program that is
intended to lead to a recognized postsecondary credential, including a
registered apprenticeship or on-the-job training program, a regular secondary
school diploma or its recognized equivalent, or unsubsidized employment;
(iv) subject to the terms and
conditions set by the Secretary, measures developed by each State agency to
assess the skills acquisition of employment and training program participants
that reflect the goals of their specific employment and training program
components, which may include, but are not limited to—
(I) the percentage and number of program
participants who are meeting program requirements in each component of the
State’s education and training program; and
(II) the percentage and number of program
participants who are gaining skills likely to lead to employment as measured
through testing, quantitative or qualitative assessment or other method;
and
(v) other indicators as approved by the
Secretary.
(C)
State report
Each
State agency shall annually prepare and submit to the Secretary a report on the
State’s employment and training program that includes the numbers of
supplemental nutrition assistance program participants who have gained skills,
training, work or experience that will increase their ability to obtain regular
employment using measures identified in subparagraph (B).
(D)
Modifications to the state
employment and training plan
Subject to the terms and conditions
established by the Secretary, if the Secretary determines that the state
agency’s performance with respect to employment and training outcomes is
inadequate, the Secretary may require the State agency to make modifications to
their employment and training plan to improve such outcomes.
(E)
Periodic evaluation
(i)
In general
Subject
to terms and conditions established by the Secretary, not later than October 1,
2016, and not less frequently than once every 5 years thereafter, the Secretary
shall conduct a study to review existing practice and research to identify
employment and training program components and practices that—
(I) effectively assist members of households
participating in the supplemental nutrition assistance program in gaining
skills, training, work, or experience that will increase their ability to
obtain regular employment, and
(II) are best integrated with statewide
workforce development systems.
(ii)
Report to
congress
The Secretary shall submit a report that describes the
results of the study under clause (i) to the Committee on Agriculture in the
House of Representatives, and the Committee on Agriculture, Nutrition and
Forestry in the
Senate.
.
(b)
Effective
date
Notwithstanding section 4(c) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2013(a)), the Secretary shall issue interim final regulations
implementing the amendment made by subsection (a) no later than 18 months after
the date of enactment of this Act. States shall include such reporting measures
in their employment and training plans for the 1st fiscal year thereafter that
begins no sooner than 6 months after the date that such regulations are
published.
4020.
Cooperation
with program research and evaluation
Section 17 of the Food and Nutrition Act of
2008 (7 U.S.C. 2026) is amended by adding at the end the following:
(l)
Cooperation with
program research and evaluation
States, State agencies, local
agencies, institutions, facilities such as data consortiums, and contractors
participating in programs authorized under this Act shall cooperate with
officials and contractors acting on behalf of the Secretary in the conduct of
evaluations and studies under this Act and shall submit information at such
time and in such manner as the Secretary may
require.
.
4021.
Pilot projects
to reduce dependency and increase work effort in the supplemental nutrition
assistance program
Section 17
of the Food and Nutrition Act of 2008 (7 U.S.C. 2026), as amended by section
4020, is amended by adding at the end the following:
(m)
Pilot projects
to reduce dependency and increase work effort in the supplemental nutrition
assistance program
(1)
In
general
The Secretary shall carry out, under such terms and
conditions as the Secretary considers to be appropriate, pilot projects to
identify best practices for employment and training programs under this Act to
raise the number of work registrants who obtain unsubsidized employment,
increase their earned income, and reduce their reliance on public assistance,
including but not limited to the supplemental nutrition assistance
program.
(2)
Selection
criteria
Pilot projects shall be selected based on criteria the
Secretary establishes, that shall include—
(A) enhancing existing
employment and training programs in the State;
(B) agreeing to
participate in the evaluation described in paragraph (3), including making
available data on participants’ employment activities and post-participation
employment, earnings, and public benefit receipt;
(C) collaborating with
the State workforce board and other job training programs in the State and
local area;
(D) the extent to
which the pilot project’s components can be easily replicated by other States
or political subdivisions; and
(E) such additional
criteria that ensure that the pilot projects—
(i) target a variety
of populations of work registrants, including childless adults, parents, and
individuals with low skills or limited work experience;
(ii) are selected from
a range of existing employment and training programs including programs that
provide—
(I) section 20
workfare;
(II) skills
development for work registrants with limited employment history;
(III) post-employment
support services necessary for maintaining employment; and
(IV) education leading
to a recognized postsecondary credential, registered apprenticeship, or
secondary school diploma or its equivalent;
(iii) are located in a
range of geographic areas, including rural, urban, and Indian
reservations;
(iv) include
participants who are exempt and not exempt under section (6)(d)(2).
(3)
Evaluation
The
Secretary shall provide for an independent evaluation of projects selected
under this subsection to measure the impact of the pilot projects on the
ability of each pilot project target population to find and retain employment
that leads to increased household income and reduced dependency, compared to
what would have occurred in the absence of the pilot project.
(4)
Report to
congress
By September 30, 2017, the Secretary shall submit, to
the Committee on Agriculture of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the Senate, a report that includes a
description of—
(A) the results of
each pilot project, including an evaluation of the impact of the project on the
employment, income, and public benefit receipt of the targeted population of
work registrants;
(B) the Federal,
State, and other costs of each pilot project;
(D) the planned
dissemination of the reports’ findings with State agencies; and
(E) the steps and
funding necessary to incorporate components of pilot projects that demonstrate
increased employment and earnings into State employment and training
programs.
(5)
Funding
From
amounts made available to under section 18(a)(1), the Secretary shall make
$10,000,000 availalable for each of the fiscal years 2014, 2015, and 2016 to
carry out this subsection. Such amounts shall remain available until
expended.
(6)
Use of
funds
(A) Funds provided
under this subsection for pilot projects shall be used only for—
(i) pilot projects
that comply with the provisions of this Act;
(ii) the costs and
administration of the pilot projects;
(iii) the costs
incurred in providing information and data to the independent evaluation under
paragraph (3); and
(iv) the costs of the
evaluation under paragraph (3).
(B) Funds made
available under this subsection may not be used to supplant non-Federal funds
used for existing employment and training
activities.
.
4022.
Authorization
of appropriations
Section
18(a)(1) of the Food and Nutrition Act of 2008 (7 U.S.C. 2027(a)(1)) is amended
in the 1st sentence by striking 2012 and inserting
2018.
4023.
Limitation on
use of block grant to Puerto Rico
Section 19(a)(2)(B) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2028(a)(2)(B)) is amended by adding at the end
the following:
(iii)
Limitation on
use of funds
None of the
funds made available to the Commonwealth of Puerto Rico under this subparagraph
may be used to provide nutrition assistance in the form of cash
benefits.
.
4024.
Assistance for
community food projects
(a)
Definition
Section 25(a)(1)(B)(i) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2034(a)(1)(B)(i)) is amended—
(1) in subclause (II)
by striking and at the end;
(2) in subclause (III)
by striking or at the end and inserting and;
and
(3) by adding at the
end the following:
(IV) to provide incentives for the consumption
of fruits and vegetables among low-income individuals;
or
.
(b)
Additional
funding
Section 25(b) of the
Food and Nutrition Act of 2008 (7 U.S.C. 2034) is amended by adding at the end
the following:
(3)
Funding
(A)
In
general
Out of any funds in
the Treasury not otherwise appropriated, the Secretary of the Treasury shall
transfer to the Secretary to carry out this section not less than $10,000,000
for fiscal year 2014 and each fiscal year thereafter. Of the amount made
available under this subparagraph for each such fiscal year, $5,000,000 shall
be available to carry out subsection (a)(1)(B)(I)(IV).
(B)
Receipt and
acceptance
The Secretary shall be entitled to receive, shall
accept, and shall use to carry out this section, the funds transferred under
subparagraph (A) without further appropriation.
(C)
Maintenance of
funding
The funding provided under subparagraph (A) shall
supplement (and not supplant) other Federal funding made available to the
Secretary to carry out this
section.
.
4025.
Emergency food
assistance
(a)
Purchase of
commodities
Section 27(a) of the Food and Nutrition Act of 2008
(7 U.S.C. 2036(a)) is amended—
(1) in paragraph (1)
by striking 2008 through 2012 and inserting 2013 through
2018;
(2) in paragraph
(2)—
(A) by striking
subparagraphs (A) and (B) and inserting the following:
(A) for fiscal year
2013, $265,750,000;
(B) for fiscal year
2014 the dollar amount of commodities specified in subparagraph (A) adjusted by
the percentage by which the thrifty food plan has been adjusted under section
3(u)(4) between June 30, 2012 and June 30, 2013, and subsequently increased by
$20,000,000;
;
and
(B) in subparagraph
(C)—
(i) by striking
2010 through 2012, the dollar amount of commodities specified in
and inserting 2015 through 2018, the total amount of commodities
under; and
(ii) by striking
2008 and inserting 2013; and
(3) by adding at the
end the following:
(3)
Funds
availability
For purposes of
the funds described in this subsection, the Secretary shall—
(A) make the funds
available for 2 fiscal years; and
(B) allow States to
carry over unexpended balances to the next fiscal year pursuant to such terms
and conditions as are determined by the
Secretary.
.
(b)
Emergency food
program infrastructure grants
Section 209(d) of the Emergency Food
Assistance Act of 1983 (7 U.S.C. 7511a(d)) is amended by striking
2012 and inserting 2018.
4026.
Nutrition
education
Section 28 of the
Food and Nutrition Act of 2008 (7 U.S.C. 2036a) is amended—
(1)
in subsection (b) by inserting and physical
activity after healthy food choices; and
(2) in subsection
(d)(1)—
(A) in subparagraph
(D) by striking $401,000,000; and inserting $375,000,000;
and;
(B) by striking subparagraph (E); and
(C) in subparagraph
(F) by striking (F) For fiscal year 2016 and inserting
(E) For fiscal year 2015.
4027.
Retailer
trafficking
The Food and
Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) is amended by adding at the end
the following:
29.
Retailer
trafficking
(a)
Purpose
The
purpose of this section is to provide the Department of Agriculture with
additional resources to prevent trafficking in violation of this Act by
strengthening recipient and retailer program integrity. Additional funds are
provided to supplement the Department’s payment accuracy, and retailer and
recipient integrity activities.
(b)
Funding
(1)
In
general
Out of any funds in the Treasury not otherwise
appropriated, the Secretary of the Treasury shall transfer to the Secretary to
carry out this section not less than $5,000,000 for fiscal year 2014 and each
fiscal year thereafter.
(2)
Receipt and
acceptance
The Secretary shall be entitled to receive, shall
accept, and shall use to carry out this section the funds transferred under
paragraph (1) without further appropriation.
(3)
Maintenance of
funding
The funding provided under paragraph (1) shall supplement
(and not supplant) other Federal funding for programs carried out under this
Act.
.
4028.
Technical and
conforming amendments
(a) Section 3 of the
Food and Nutrition Act of 2008 (7 U.S.C. 2012) is amended—
(1) in subsection (g)
by striking coupon, the last place it appears and inserting
coupon;
(2) in subsection
(k)(7) by striking or are and inserting
and;
(3) by striking
subsection (l);
(4) by redesignating
subsections (m) through (t) as subsections (l) through (s), respectively;
and
(5) by inserting after
subsection (s) (as so redesignated) the following:
(t) Supplemental
nutritional assistance program means the program operated pursuant to
this
Act.
.
(b) Section 4(a) of
the Food and Nutrition Act of 2008 (7 U.S.C. 2013(a)) is amended by striking
benefits the last place it appears and inserting
Benefits.
(c) Section 5 of the
Food and Nutrition Act of 2008 (7 U.S.C. 2014) is amended—
(1) in the last
sentence of subsection (i)(2)(D) by striking section 13(b)(2)
and inserting section 13(b); and
(2) in subsection
(k)(4)(A) by striking paragraph (2)(H) and inserting
paragraph (2)(G).
(d) Section 6(d)(4) of
the Food and Nutrition Act of 2008 (7 U.S.C. 2015(d)(4)) is amended—
(1) in subparagraph
(B)(vii) by moving the left margin 2 ems to the left, and
(2) in
subparagraph(F)(iii) by moving the left margin 4 ems to the left.
(e) Section 7(h) of
the Food and Nutrition Act of 2008 (7 U.S.C. 2016(h)) is amended by
redesignating the 2d paragraph (12) as paragraph (13).
(f) Section 9(a)(3) of
the Food and Nutrition Act of 2008 (7 U.S.C. 2018(a)) is amended by moving the
left margin 2 ems to the left.
(g) Section 12 of the
Food and Nutrition Act of 2008 (7 U.S.C. 2021) is amended—
(1) in subsection
(b)(3)(C) by striking civil money penalties and inserting
civil penalties; and
(2) in subsection
(g)(1) by striking (7 U.S.C. 1786) and inserting (42
U.S.C. 1786).
(h) Section 15(b)(1)
of the Food and Nutrition Act of 2008 (7 U.S.C. 2024(b)(1)) is amended in the
1st sentence by striking an benefit and inserting a
benefit.
(i) Section 16(a) of
the Food and Nutrition Act of 2008 (7 U.S.C. 2025(a)) is amended in the proviso
following paragraph (8) by striking , as amended..
(j) Section 18(e) of
the Food and Nutrition Act of 2008 (7 U.S.C. 2027(e)) is amended in the 1st
sentence by striking sections 7(f) and inserting section
7(f).
(k) Section
22(b)(10)(B)(i) of the Food and Nutrition Act of 2008 (7 U.S.C.
2031(b)(10)(B)(i)) is amended in the last sentence by striking Food
benefits and inserting Benefits.
(l) Section
26(f)(3)(C) of the Food and Nutrition Act of 2008 (7 U.S.C. 2035(f)(3)(C)) is
amended by striking subsection and inserting
subsections.
(m) Section 27(a)(1)
of the Food and Nutrition Act of 2008 (7 U.S.C. 2036(a)(1)) is amended by
striking (Public Law 98–8; 7 U.S.C. 612c note) and inserting
(7 U.S.C. 7515).
(n) Section 509 of the
Older Americans Act of 1965 (42 U.S.C. 3056g) is amended in the section heading
by striking food stamp
programs and inserting supplemental nutrition assistance
program.
(o) Section
4115(c)(2)(H) of the Food, Conservation, and Energy Act of 2008 (Public Law
110–246; 122 Stat. 1871) is amended by striking 531 and
inserting 454.
(p) Section 3803(c)(2)(C)(vii) of title 31 of
the United States Code is amended by striking section 3(l) each
place it appears and inserting section 3(s).
(q) Section 115 of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (Public Law 104–193) is
amended—
(1) in subsection
(a)(2) by striking section 3(l) and inserting section
3(s);
(2) in subsection (b)(2) by striking
section 3(l) and inserting section 3(s);
and
(3) in subsection (e)(2) by striking
section 3(l) and inserting section 3(s).
(r) The Agriculture
and Consumer Protection Act of 1973 (7 U.S.C. 612c) is amended—
(1) in section 4(a) by
striking Food Stamp Act of 1977 and inserting Food and
Nutrition Act of 2008; and
(2) in section
5—
(A) in subsection (i)(1) by striking
Food Stamp Act of 1977 and inserting Food and Nutrition
Act of 2008; and
(B) in subsection (l)(2)(B) by striking
Food Stamp Act of 1977 and inserting Food and Nutrition
Act of 2008.
(s) The Social
Security Act (42 U.S.C. 301 et seq.) is amended—
(1) in the heading of
section 453(j)(10) by striking food stamp and inserting
supplemental nutrition
assistance;
(2) in section 1137—
(A) in subsection
(a)(5)(B) by striking food stamp and inserting
supplemental nutrition assistance; and
(B) in subsection
(b)(4) by striking food stamp program under the Food Stamp Act of
1977 and inserting supplemental nutrition assistance program
under the Food and Nutrition Act of 2008; and
(3) in the heading of
section 1631(n) by striking food stamp and inserting
supplemental
nutrition assistance.
4029.
Tolerance
level for excluding small errors
The Secretary shall set the tolerance level
for excluding small errors for the purposes of section 16(c) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2025(c))—
(1) for fiscal year
2014 at an amount no greater than $25; and
(2) for each fiscal year thereafter, the amount
specified in paragraph (1) adjusted by the percentage by which the thrifty food
plan is adjusted under section 3(u)(4) of such Act between June 30, 2012, and
June 30 of the immediately preceding fiscal year.
4030.
Commonwealth of the
Northern Mariana Islands pilot program
(a)
Study
(1)
In
general
Prior to establishing the pilot program under subsection
(b), the Secretary shall conduct a study to be completed not later than 2 years
after the effective date of this section to assess—
(A) the capabilities of the Commonwealth of the
Northern Mariana Islands to operate the supplemental nutrition assistance
program in the same manner in which the program is operated in the States (as
defined in section 3 of the Food and Nutrition Act (7 U.S.C. 2011 et seq));
and
(B) alternative models
of the supplemental nutrition assistance program operation and benefit delivery
that best meet the nutrition assistance needs of the Commonwealth of the
Northern Mariana Islands.
(2)
Scope
The
study conducted under paragraph (1)(A) will assess the capability of the
Commonwealth to fulfill the responsibilities of a State agency,
including—
(A) extending and
limiting participation to eligible households, as prescribed by sections 5 and
6 of the Act;
(B) issuing benefits
through EBT cards, as prescribed by section 7 of the Act;
(C) maintaining the
integrity of the program, including operation of a quality control system, as
prescribed by section 16(c) of the Act;
(D) implementing work
requirements, including operating an employment and training program, as
prescribed by section 6(d) of the Act; and
(E) paying a share of
administrative costs with non-Federal funds, as prescribed by section 16(a) of
the Act.
(b)
Establishment
If
the Secretary determines that a pilot program is feasible, the Secretary shall
establish a pilot program for the Commonwealth of the Northern Mariana Islands
to operate the supplemental nutrition assistance program in the same manner in
which the program is operated in the States.
(c)
Scope
The
Secretary shall utilize the information obtained from the study conducted under
subsection (a) to establish the scope of the pilot program established under
subsection (b).
(d)
Report
Not
later than June 30, 2019, the Secretary shall submit to the Committee on
Agriculture of the House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report on the pilot program carried out
under this section, including an analysis of the feasibility of operating in
the Commonwealth of the Northern Mariana Islands the supplemental nutrition
assistance program as it is operated in the States.
(e)
Funding
(1)
Study
Of
the funds made available under section 18(a)(1) of the Food and Nutrition Act
of 2008, the Secretary may use not more than $1,000,000 in each of fiscal years
2014 and 2015 to conduct the study described in subsection (a).
(2)
Pilot
program
Of the funds made available under section 18(a)(1) of the
Food and Nutrition Act of 2008, for the purposes of establishing and carrying
out the pilot program established under subsection (b) of this section,
including the Federal costs for providing technical assistance to the
Commonwealth, authorizing and monitoring retail food stores, and assessing
pilot operations, the Secretary may use not more than—
(A) $13,500,000 in
fiscal year 2016; and
(B) $8,500,000 in each
of fiscal years 2017 and 2018.
4031.
Annual State
report on verification of SNAP participation
(a)
Annual
report
Not later 1 year after
the date specified by the Secretary in the 180-period beginning on the date of
the enactment of this Act, and annually thereafter, each State agency that
carries out the supplemental nutrition assistance program shall submit to the
Secretary a report containing sufficient information for the Secretary to
determine whether the State agency has, for the then most recently concluded
fiscal year preceding such annual date, verified that households to which such
State agency provided such assistance in such fiscal year—
(1) did not obtain benefits attributable to a
deceased individual; and
(2) did not include an
individual who was simultaneously included in a household receiving such
assistance in another State.
(b)
Penalty for
noncompliance
For any fiscal year for which a State agency fails
to comply with subsection (a), the Secretary shall reduce by 50 percent the
amount otherwise payable to such State agency under section 16(a) of the Food
and Nutrition Act of 2008 with respect to such fiscal year.
B
Commodity
distribution programs
4101.
Commodity
distribution program
Section
4(a) of the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c
note; Public Law 93–86) is amended in the 1st sentence by striking
2012 and inserting 2018.
4102.
Commodity
supplemental food program
Section 5 of the Agriculture and Consumer
Protection Act of 1973 (7 U.S.C. 612c note; Public Law 93–86) is
amended—
(1) in paragraphs (1)
and (2)(B) of subsection (a) by striking 2012 each place it
appears and inserting 2018;
(2) in the 1st
sentence of subsection (d)(2) by striking 2012 and inserting
2018;
(3) by striking
subsection (g) and inserting the following:
(g)
Eligibility
Except
as provided in subsection (m), the States shall only provide assistance under
the commodity supplemental food program to low-income individuals aged 60 and
older.
;
and
(4) by adding at the
end the following:
(m)
Phase-out
Notwithstanding
any other provision of law, an individual who receives assistance under the
commodity supplemental food program on the day before the effective date of
this subsection shall continue to receive that assistance until the date on
which the individual no longer qualifies for assistance under the eligibility
criteria for the program in effect on the day before the effective date of this
subsection.
.
4103.
Distribution
of surplus commodities to special nutrition projects
Section 1114(a)(2)(A) of the Agriculture and
Food Act of 1981 (7 U.S.C. 1431e(2)(A)) is amended in the 1st sentence by
striking 2012 and inserting 2018.
4104.
Processing of
commodities
(a) Section 17 of the
Commodity Distribution Reform Act and WIC Amendments of 1987 (7 U.S.C. 612c
note) is amended by—
(1) striking the
heading and inserting Commodity donations and processing;
and
(2) adding at the end
the following:
(c)
Processing
For
any program included in subsection (b), the Secretary may, notwithstanding any
other provision of State or Federal law relating to the procurement of goods
and services—
(1) retain title to
commodities delivered to a processor, on behalf of a State (including a State
distributing agency and a recipient agency), until such time as end products
containing such commodities, or similar commodities as approved by the
Secretary, are delivered to a State distributing agency or to a recipient
agency; and
(2) promulgate
regulations to ensure accountability for commodities provided to a processor
for processing into end products, and to facilitate processing of commodities
into end products for use by recipient agencies. Such regulations may provide
that—
(A) a processor that
receives commodities for processing into end products, or provides a service
with respect to such commodities or end products, in accordance with its
agreement with a State distributing agency or a recipient agency, provide to
the Secretary a bond or other means of financial assurance to protect the value
of such commodities; and
(B) in the event a
processor fails to deliver to a State distributing agency or a recipient agency
an end product in conformance with the processing agreement entered into under
this Act, the Secretary take action with respect to the bond or other means of
financial assurance pursuant to regulations promulgated under this paragraph
and distribute any proceeds obtained by the Secretary to one or more State
distributing agencies and recipient agencies as determined appropriate by the
Secretary.
.
(b)
Definitions
Section
18 of the Commodity Distribution Reform Act and WIC Amendments of 1987 (7
U.S.C. 612c note) is amended by striking paragraphs (1) and (2) and inserting
the following:
(1) The term
commodities means agricultural commodities and their products
that are donated by the Secretary for use by recipient agencies.
(2) The term
end product means a food product that contains processed
commodities.
.
(c)
Technical and
conforming amendments
Section 3 of the Commodity Distribution
Reform Act and WIC Amendments of 1987 (7 U.S.C. 612c note; Public Law 100–237)
is amended—
(1) in subsection
(a)—
(A) in paragraph (2)
by striking subparagraph (B) and inserting the following:
(B) the program
established under section 4(b) of the Food and Nutrition Act of 2008 (7 U.S.C.
2013(b));
;
and
(B) in paragraph
(3)(D) by striking the Committee on Education and Labor and
inserting the Committee on Education and the Workforce;
(2) in subsection
(b)(1)(A)(ii) by striking section 32 of the Agricultural Adjustment Act
(7 U.S.C. 601 et seq.) and inserting section 32 of the Act of
August 24, 1935 (7 U.S.C. 612c);
(3) in subsection
(e)(1)(D)(iii) by striking subclause (II) and inserting the following:
(II) the program
established under section 4(b) of the Food and Nutrition Act of 2008 (7 U.S.C.
2013(b));
;
and
(4) in subsection (k)
by striking the Committee on Education and Labor and inserting
the Committee on Education and the Workforce.
C
Miscellaneous
4201.
Farmers’
market nutrition program
Section 4402 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 3007) is amended—
(1) in the section
heading by striking Seniors;
(2) by amending
subsection (a) to read as follows:
(a)
Funding
(1)
In
general
Of the funds of the Commodity Credit Corporation, the
Secretary of Agriculture shall use to carry out and expand the farmers market
nutrition program $20,600,000 for each of fiscal years 2014 through
2018.
(2)
Additional
funding
There is authorized to be appropriated such sums as are
necessary to carry out this subsection for each of the fiscal years specified
in paragraph
(1).
;
(3) in subsection
(b)—
(A) in the matter
preceding paragraph (1), by striking seniors; and
(B) in paragraph (1)
by inserting , and low-income families who are determined to be at
nutritional risk after low-income seniors;
(4) in subsection (c)
by striking seniors;
(5) in subsection (d)
by striking seniors;
(6) in subsection (e)
by striking seniors;
(7) by redesignating
subsections (c), (d), (e), and (f) as subsections (d), (e), (f), and (g),
respectively; and
(8) by inserting after
subsection (b) the following:
(c)
State grants and
other assistance
The Secretary shall carry out the Program
through grants and other assistance provided in accordance with agreements made
with States, for implementation through State agencies and local agencies, that
include provisions—
(1) for the issuance
of coupons or vouchers to participating individuals;
(2) establishing an
appropriate annual percentage limitation on the use of funds for administrative
costs; and
(3) specifying other
terms and conditions as the Secretary deems appropriate to encourage expanding
the participation of small scale farmers in Federal nutrition
programs.
.
4202.
Nutrition
information and awareness pilot program
Section 4403 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 3171 note; Public Law 107–171) is
repealed.
4203.
Fresh fruit and
vegetable program
Section 19
of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769a) is
amended—
(1) in the section
heading, by striking Fresh;
(2) in subsection (a),
by striking fresh;
(3) in subsection (b),
by striking fresh; and
(4) in subsection (e),
by striking fresh.
4204.
Additional
authority for purchase of fresh fruits, vegetables, and other specialty food
crops
Section 10603 of the
Farm Security and Rural Investment Act of 2002 (7 U.S.C. 612c–4) is
amended—
(1) in subsection (b),
by striking 2012 and inserting 2018;
(2) by redesignating subsection (c) as
subsection (d); and
(3) by inserting after subsection (b) the
following new subsection:
(c)
Pilot grant
program for purchase of fresh fruits and vegetables
(1)
In
general
Using amounts made
available to carry out subsection (b), the Secretary of Agriculture shall
conduct a pilot program under which the Secretary will give not more than five
participating States the option of receiving a grant in an amount equal to the
value of the commodities that the participating State would otherwise receive
under this section for each of fiscal years 2014 through 2018.
(2)
Use of grant
funds
A participating State receiving a grant under this
subsection may use the grant funds solely to purchase fresh fruits and
vegetables for distribution to schools and service institutions in the State
that participate in the food service programs under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.) and the Child Nutrition Act
of 1966 (42 U.S.C. 1771 et seq.).
(3)
Selection of
participating States
The Secretary shall select participating
States from applications submitted by the States.
(4)
Reporting
requirements
(A)
School and
service institution requirement
Schools and service institutions in a
participating State shall keep records of purchases of fresh fruits and
vegetables made using the grant funds and report such records to the
State.
(B)
State
requirement
Each participating State shall submit to the
Secretary a report on the success of the pilot program in the State, including
information on—
(i) the amount and value of each type of fresh
fruit and vegetable purchased by the State; and
(ii) the benefit provided by such purchases in
conducting the school food service in the State, including meeting school meal
requirements.
.
4205.
Encouraging locally
and regionally grown and raised food
(a)
Commodity
Purchase Streamlining
The
Secretary may permit each school food authority with a low annual commodity
entitlement value, as determined by the Secretary, to elect to substitute
locally and regionally grown and raised food for the authority’s allotment, in
whole or in part, of commodity assistance for the school meal programs under
the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) and
the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), if—
(1) the election is
requested by the school food authority;
(2) the Secretary
determines that the election will reduce State and Federal administrative
costs; and
(3) the election will
provide the school food authority with greater flexibility to purchase locally
and regionally grown and raised foods.
(b)
Farm-to-school
demonstration programs
(1)
In
general
The Secretary may establish farm-to-school demonstration
programs under which school food authorities, agricultural producers producing
for local and regional markets, and other farm-to-school stakeholders will
collaborate with the Agriculture Marketing Service to, on a cost neutral basis,
source food for the school meal programs under the Richard B. Russell National
School Lunch Act (42 U.S.C. 1751 et seq.) and the Child Nutrition Act of 1966
(42 U.S.C. 1771 et seq.) from local farmers and ranchers in lieu of the
commodity assistance provided to the school food authorities for the school
meal programs.
(2)
Requirements
(A)
In
general
Each demonstration program carried out under this
subsection shall—
(i) facilitate and
increase the purchase of unprocessed and minimally processed locally and
regionally grown and raised agricultural products to be served under the school
meal programs;
(ii) test methods to
improve procurement, transportation, and meal preparation processes for the
school meal programs;
(iii) assess whether
administrative costs can be saved through increased school food authority
flexibility to source locally and regionally produced foods for the school meal
programs; and
(iv) undertake
rigorous evaluation and share information about results of the demonstration
program, including cost savings, with the Secretary, other school food
authorities, agricultural producers producing for the local and regional
market, and the general public.
(B)
Plans
In
order to be selected to carry out a demonstration program under this
subsection, a school food authority shall submit to the Secretary a plan at
such time and in such manner as the Secretary may require, and containing
information with respect to the requirements described in clauses (i) through
(iv) of subparagraph (A).
(3)
Technical
assistance
The Secretary
shall provide technical assistance to demonstration program participants to
assist such participants to acquire bids from potential vendors in a timely and
cost-effective manner.
(4)
Length
The
Secretary shall determine the appropriate length of time for each demonstration
program under this subsection.
(5)
Coordination
The
Secretary shall coordinate among relevant agencies of the Department of
Agriculture and non-governmental organizations with appropriate expertise to
facilitate the provision of training and technical assistance necessary to
successfully carry out demonstration programs under this subsection.
(6)
Number
Subject
to the availability of funds to carry out this subsection, the Secretary shall
select at least 10 demonstration programs to be carried out under this
subsection.
(7)
Diversity and
balance
In selecting demonstration programs to be carried out
under this subsection, the Secretary shall, to the maximum extent practicable,
ensure—
(A) geographical
diversity;
(B) that at least half
of the demonstration programs are completed in collaboration with school food
authorities with small annual commodity entitlements, as determined by the
Secretary;
(C) that at least half
of the demonstration programs are completed in rural or tribal
communities;
(D) equitable
treatment of school food authorities with a high percentage of students
eligible for free or reduced price lunches, as determined by the Secretary;
and
(E) that at least one of the demonstration
programs is completed on a military installation as defined in section
2687(e)(1) of title 10, United States Code.
V
Credit
A
Farm ownership
loans
5001.
Eligibility for
farm ownership loans
(a)
In
general
Section 302(a) of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1922(a)) is
amended—
(1) by striking (a)
In
general.—The and inserting the following:
(a)
In
general
(1)
Eligibility
requirements
The
;
(2) in the 1st
sentence, by inserting after limited liability companies the
following: , and such other legal entities as the Secretary deems
appropriate,;
(3) in the 2nd
sentence, by redesignating clauses (1) through (4) as clauses (A) through (D),
respectively;
(4) in each of the 2nd
and 3rd sentences, by striking and limited liability companies
each place it appears and inserting limited liability companies, and
such other legal entities;
(5) in the 3rd
sentence, by striking (3) and (4) and inserting
(C) and (D), respectively; and
(6) by adding at the
end the following:
(2)
Special deeming
rules
(A)
Eligibility of
certain operating-only entities
An entity that is or will become only the
operator of a family farm is deemed to meet the owner-operator requirements of
paragraph (1) if the individuals that are the owners of the family farm own
more than 50 percent (or such other percentage as the Secretary determines is
appropriate) of the entity.
(B)
Eligibility of
certain embedded entities
An
entity that is an owner-operator described in paragraph (1), or an operator
described in subparagraph (A) of this paragraph that is owned, in whole or in
part, by other entities, is deemed to meet the direct ownership requirement
imposed under paragraph (1) if at least 75 percent of the ownership interests
of each embedded entity of such entity is owned directly or indirectly by the
individuals that own the family
farm.
.
(b)
Direct farm
ownership experience requirement
Section 302(b)(1) of such Act (7
U.S.C. 1922(b)(1)) is amended by inserting or has other acceptable
experience for a period of time, as determined by the Secretary, after
3 years.
(c)
Conforming
amendments
(1) Section 304(c)(2)
of such Act (7 U.S.C. 1924(c)(2)) by striking paragraphs (1) and (2) of
section 302(a) and inserting clauses (A) and (B) of section
302(a)(1).
(2) Section 310D of
such Act (7 U.S.C. 1934) is amended—
(A) by inserting after
partnership the following: , or such other legal entities
as the Secretary deems appropriate,; and
(B) by striking
or partners each place it appears and inserting partners,
or owners.
5002.
Conservation
loan and loan guarantee program
(a)
Eligibility
Section 304(c) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1924(c)) is amended by inserting after
limited liability companies the following: , or such
other legal entities as the Secretary deems appropriate,.
(b)
Limitation on
loan guarantee amount
Section 304(e) of such Act (7 U.S.C.
1924(e)) is amended by striking 75 percent and inserting
90 percent.
(c)
Extension of
program
Section 304(h) of such Act (7 U.S.C. 1924(h)) is amended
by striking 2012 and inserting 2018.
5003.
Down payment
loan program
(a)
In
general
Section 310E(b)(1)(C)
of the Consolidated Farm and Rural Development Act (7 U.S.C. 1935(b)(1)(C)) is
amended by striking $500,000 and inserting
$667,000.
(b)
Technical
correction
Section 310E(b) of such Act (7 U.S.C. 1935(b)) is
amended by striking the 2nd paragraph (2).
5004.
Elimination of
mineral rights appraisal requirement
Section 307 of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1927) is amended by striking subsection (d) and
redesignating subsection (e) as subsection (d).
B
Operating
loans
5101.
Eligibility
for farm operating loans
Section 311(a) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1941(a)) is amended—
(1) by striking (a)
In
general.—The and inserting the following:
(a)
In
general
(1)
Eligibility
requirements
The
;
(2) in the 1st
sentence, by inserting after limited liability companies the
following: , and such other legal entities as the Secretary deems
appropriate,;
(3) in the 2nd
sentence, by redesignating clauses (1) through (4) as clauses (A) through (D),
respectively;
(4) in each of the 2nd
and 3rd sentences, by striking and limited liability companies
each place it appears and inserting limited liability companies, and
such other legal entities;
(5) in the 3rd
sentence, by striking (3) and (4) and inserting
(C) and (D), respectively; and
(6) by adding at the
end the following:
(2)
Special deeming
rule
An entity that is an
operator described in paragraph (1) that is owned, in whole or in part, by
other entities, is deemed to meet the direct ownership requirement imposed
under paragraph (1) if at least 75 percent of the ownership interests of each
embedded entity of such entity is owned directly or indirectly by the
individuals that own the family
farm.
.
5102.
Elimination of
rural residency requirement for operating loans to youth
Section 311(b)(1) of the Consolidated Farm
and Rural Development Act (7 U.S.C. 1941(b)(1)) is amended by striking
who are rural residents.
5103.
Authority to
waive personal liability for youth loans due to circumstances beyond borrower
control
Section 311(b) of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1941(b)) is amended by
adding at the end the following:
(5) The Secretary may, on a case by case basis,
waive the personal liability of a borrower for a loan made under this
subsection if any default on the loan was due to circumstances beyond the
control of the
borrower.
.
5104.
Microloans
(a)
In
general
Section 313 of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1943) is amended by adding at the end the
following:
(c)
Microloans
(1)
In
general
Subject to paragraph (2), the Secretary may establish a
program to make or guarantee microloans.
(2)
Limitation
The
Secretary shall not make or guarantee a microloan under this subsection that
exceeds $35,000 or that would cause the total principal indebtedness
outstanding at any 1 time for microloans made under this chapter to any 1
borrower to exceed $70,000.
(3)
Applications
To
the maximum extent practicable, the Secretary shall limit the administrative
burdens and streamline the application and approval process for microloans
under this subsection.
(4)
Cooperative
lending projects
(A)
In
general
Subject to subparagraph (B), the Secretary may contract
with community-based and nongovernmental organizations, State entities, or
other intermediaries, as the Secretary determines appropriate—
(i) to
make or guarantee a microloan under this subsection; and
(ii) to provide
business, financial, marketing, and credit management services to
borrowers.
(B)
Requirements
Before
contracting with an entity described in subparagraph (A), the Secretary—
(i) shall review and
approve—
(I) the loan loss
reserve fund for microloans established by the entity; and
(II) the underwriting
standards for microloans of the entity; and
(ii) establish such
other requirements for contracting with the entity as the Secretary determines
necessary.
.
(b)
Exceptions for
direct loans
Section 311(c)(2) of such Act (7 U.S.C. 1941(c)(2))
is amended to read as follows:
(2)
Exceptions
In
this subsection, the term direct operating loan shall not
include—
(A) a loan made to a
youth under subsection (b); or
(B) a microloan made
to a beginning farmer or rancher or a veteran farmer or rancher (as defined in
section 2501(e) of the Food, Agriculture, Conservation, and Trade Act of 1990
(7 U.S.C.
2279(e)).
.
(c) Section 312(a) of
such Act (7 U.S.C. 1942(a)) is amended by inserting (including a
microloan, as defined by the Secretary) after A direct
loan.
(d) Section 316(a)(2)
of such Act (7 U.S.C. 1946(a)(2)) is amended by inserting a microloan to
a beginning farmer or rancher or veteran farmer or rancher (as defined in
section 2501(e) of the Food, Agriculture, Conservation, and Trade Act of 1990
(7 U.S.C. 2279(e)) or after The interest rate on.
C
Emergency
loans
5201.
Eligibility
for emergency loans
Section
321(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961(a)) is
amended—
(1) by striking owner-operators (in the
case of loans for a purpose under subtitle A) or operators (in the case of
loans for a purpose under subtitle B) each place it appears and
inserting (in the case of farm ownership loans in accordance with
subtitle A) owner-operators or operators, or (in the case of loans for a
purpose under subtitle B) operators;
(2) by inserting after
limited liability companies the 1st place it appears the
following: , or such other legal entities as the Secretary deems
appropriate; and
(3) by inserting after
limited liability companies the 2nd place it appears the
following: , or other legal entities;
(4) by striking
and limited liability companies, and inserting limited
liability companies, and such other legal entities;
(5) by striking
ownership and operator and inserting ownership or
operator; and
(6) by adding at the
end the following: An entity that is an owner-operator or operator
described in this subsection is deemed to meet the direct ownership requirement
imposed under this subsection if at least 75 percent of the ownership interests
of each embedded entity of such entity is owned directly or indirectly by the
individuals that own the family farm..
D
Administrative
provisions
5301.
Beginning
farmer and rancher individual development accounts pilot program
Section 333B(h) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1983b(h)) is amended by striking
2012 and inserting 2018.
5302.
Eligible
beginning farmers and ranchers
(a)
Conforming
amendments relating to changes in eligibility rules
Section
343(a)(11) of such Act (7 U.S.C. 1991(a)(11)) is amended—
(1) by inserting after
joint operation, the 1st place it appears the following:
or such other legal entity as the Secretary deems
appropriate,;
(2) by striking
or joint operators each place it appears and inserting
joint operators, or owners; and
(3) by inserting after
joint operation, the 2nd and 3rd place it appears the following:
or such other legal entity,.
(b)
Modification of
acreage ownership limitation
Section 343(a)(11)(F) of such Act (7 U.S.C.
1991(a)(11)(F)) is amended by striking median acreage and
inserting average acreage.
5303.
Loan
authorization levels
Section
346(b)(1) of the Consolidated Farm and Rural Development Act (7 U.S.C.
1994(b)(1)) is amended in the matter preceding subparagraph (A) by striking
2012 and inserting 2018.
5304.
Priority for
participation loans
Section
346(b)(2)(A)(i) of the Consolidated Farm and Rural Development Act (7 U.S.C.
1994(b)(2)(A)(i)) is amended by adding at the end the following:
(III)
Priority
In order to maximize the number of
borrowers served under this clause, the Secretary—
(aa) shall give
priority to applicants who apply under the down payment loan program under
section 310E or joint financing arrangements under section 307(a)(3)(D);
and
(bb) may
offer other financing options under this subtitle to applicants only if the
Secretary determines that down payment or other participation loan options are
not a viable approach for the
applicants.
.
5305.
Loan fund
set-asides
Section
346(b)(2)(A)(ii)(III) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1994(b)(2)(A)(ii)(III)) is amended—
(1) by striking
2012 and inserting 2018; and
(2) by striking
of the total amount.
5306.
Conforming
amendment to borrower training provision, relating to eligibility
changes
Section 359(c)(2) of
the Consolidated Farm and Rural Development Act (7 U.S.C. 2006a(c)(2)) is
amended by striking section 302(a)(2) or 311(a)(2) and inserting
section 302(a)(1)(B) or 311(a)(1)(B).
E
State agricultural
mediation programs
5401.
State
agricultural mediation programs
Section 506 of the Agricultural Credit Act
of 1987 (7 U.S.C. 5106) is amended by striking 2015 and
inserting 2018.
F
Loans to
purchasers of highly fractionated land
5501.
Loans to
purchasers of highly fractionated land
The first section of Public Law 91–229 (25
U.S.C. 488) is amended in subsection (b)(1) by striking pursuant to
section 205(c) of the Indian Land Consolidation Act (25 U.S.C. 2204(c))
and inserting or to intermediaries in order to establish revolving loan
funds for the purchase of highly fractionated land.
VI
Rural
development
A
Consolidated Farm
and Rural Development Act
6001.
Water, waste
disposal, and wastewater facility grants
Section 306(a)(2)(B)(vii) of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)(2)(B)(vii)) by
striking $30,000,000 for each of fiscal years 2008 through 2012
and inserting $15,000,000 for each of fiscal years 2014 through
2018.
6002.
Rural business
opportunity grants
Section
306(a)(11)(D) of the Consolidated Farm and Rural Development Act (7 U.S.C.
1926(a)(11)(D)) is amended by striking $15,000,000 for each of fiscal
years 2008 through 2012 and inserting $15,000,000 for each of
fiscal years 2014 through 2018.
6003.
Elimination of
reservation of community facilities grant program funds
Section 306(a)(19) of the Consolidated Farm
and Rural Development Act (7 U.S.C. 1926(a)(19)) is amended by striking
subparagraph (C).
6004.
Utilization of
loan guarantees for community facilities
Section 306(a)(24) of the Consolidated Farm
and Rural Development Act (7 U.S.C. 1926(a)(24)) is amended by adding at the
end the following:
(C)
Utilization of
loan guarantees for community facilities
The Secretary shall consider the benefits
to communities that result from using loan guarantees in the Community
Facilities Program and to the maximum extent possible utilize guarantees to
enhance community
involvement.
.
6005.
Rural water
and wastewater circuit rider program
Section 306(a)(22) of the Consolidated Farm
and Rural Development Act (7 U.S.C. 1926(a)(22)) is amended to read as
follows:
(22)
Rural water and wastewater circuit rider
program
(A)
In
general
The Secretary shall continue a national rural water and
wastewater circuit rider program that—
(i) is consistent with
the activities and results of the program conducted before the date of
enactment of this paragraph, as determined by the Secretary; and
(ii) receives funding
from the Secretary, acting through the Rural Utilities Service.
(B)
Authorization of
appropriations
There is authorized to be appropriated to carry
out this paragraph $20,000,000 for fiscal year 2014 and each fiscal year
thereafter.
.
6006.
Tribal college
and university essential community facilities
Section 306(a)(25)(C) of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1926(a)(25)(C)) is amended by striking
$10,000,000 for each of fiscal years 2008 through 2012 and
inserting $5,000,000 for each of fiscal years 2014 through
2018.
6007.
Emergency and
imminent community water assistance grant program
Section 306A(i)(2) of the Consolidated Farm
and Rural Development Act (7 U.S.C. 1926a(i)(2)) is amended by striking
$35,000,000 for each of fiscal years 2008 through 2012 and
inserting $27,000,000 for each of fiscal years 2014 through
2018.
6008.
Household water well systems
Section 306E(d) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1926e(d)) is amended by striking
$10,000,000 for each of fiscal years 2008 through 2012 and
inserting $5,000,000 for each of fiscal years 2014 through
2018.
6009.
Rural business
and industry loan program
(a)
Flexibility for
the business and loan program
Section 310B(a)(2)(A) of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1932(a)(2)(A)) is amended by inserting
including working capital after
employment.
(b)
Greater
flexibility for adequate collateral through accounts
receivable
Section 310B(g)(7) of such Act (7 U.S.C. 1932(g)(7))
is amended by adding at the end the following: In the discretion of the
Secretary, if the Secretary determines that the action would not create or
otherwise contribute to an unreasonable risk of default or loss to the Federal
Government, the Secretary may take account receivables as security for the
obligations entered into in connection with loans and a borrower may use
account receivables as collateral to secure a loan made or guaranteed under
this subsection..
(c)
Regulations
Not
later than 6 months after the date of the enactment of this Act, the Secretary
shall promulgate such regulations as are necessary to implement the amendments
made by this section.
6010.
Rural
cooperative development grants
Section 310B(e)(12) of the Consolidated Farm
and Rural Development Act (7 U.S.C. 1932(e)(12)) is amended by striking
$50,000,000 for each of fiscal years 2008 through 2012 and
inserting $40,000,000 for each of fiscal years 2014 through
2018.
6011.
Locally or
regionally produced agricultural food products
Section 310B(g)(9)(B)(v)(I) of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1932(g)(9)(B)(v)(I)) is
amended—
(1) by striking 2012 and
inserting 2018; and
(2) by inserting
and not more than 7 percent after 5
percent.
6012.
Intermediary
relending program
(a)
In
general
Subtitle A of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1922–1936a) is amended by
adding at the end the following:
310H.
Intermediary
relending program
(a)
In
general
The Secretary shall
make loans to the entities, for the purposes, and subject to the terms and
conditions specified in the 1st, 2nd, and last sentences of section 623(a) of
the Community Economic Development Act of 1981 (42 U.S.C. 9812(a)).
(b)
Limitations on
authorization of appropriations
For loans under subsection (a),
there are authorized to be appropriated to the Secretary not more than
$10,000,000 for each of fiscal years 2014 through
2018.
.
(b)
Conforming
amendments
Section 1323(b)(2)
of the Food Security Act of 1985 (Public Law 99–198; 7 U.S.C. 1932 note) is
amended—
(1) in subparagraph (A), by adding
and at the end;
(2) in subparagraph
(B), by striking ; and and inserting a period; and
(3) by striking
subparagraph (C).
6013.
Rural water and
waste disposal infrastructure
Section 333 of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1983) is amended—
(1) by striking
require;
(2) in paragraph (1),
by inserting require after (1);
(3) in paragraph (2),
by inserting , require after 314;
(4) in paragraph (3),
by inserting require after loans,;
(5) in paragraph
(4)—
(A) by inserting
require after (4); and
(B) by striking
and after the semicolon;
(6) in paragraph
(5)—
(A) by inserting
require after (5); and
(B) by striking the
period at the end and inserting ; and; and
(7) by adding at the
end the following:
(6) with respect to
water and waste disposal direct and guaranteed loans provided under section
306, encourage, to the maximum extent practicable, private or cooperative
lenders to finance rural water and waste disposal facilities by—
(A) maximizing the use
of loan guarantees to finance eligible projects in rural communities where the
population exceeds 5,500;
(B) maximizing the use
of direct loans to finance eligible projects in rural communities where the
impact on rate payers will be material when compared to financing with a loan
guarantee;
(C) establishing and
applying a materiality standard when determining the difference in impact on
rate payers between a direct loan and a loan guarantee;
(D) in the case of
projects that require interim financing in excess of $500,000, requiring that
such projects initially seek such financing from private or cooperative
lenders; and
(E) determining if an
existing direct loan borrower can refinance with a private or cooperative
lender, including with a loan guarantee, prior to providing a new direct
loan.
.
6014.
Simplified
applications
(a)
In
general
Section 333A of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1983a) is amended by
adding at the end the following:
(h)
Simplified
application forms
Except as
provided in subsection (g)(2) of this section, the Secretary shall, to the
maximum extent practicable, develop a simplified application process, including
a single page application where possible, for grants and relending authorized
under sections 306, 306C, 306D, 306E, 310B(b), 310B(c), 310B(e), 310B(f), 310H,
379B, and
379E.
.
(b)
Report to the
Congress
Within 2 years after
the date of the enactment of this Act, the Secretary shall submit to the
Committee on Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a written report that
contains an evaluation of the implementation of the amendment made by
subsection (a).
6015.
Grants for
NOAA weather radio transmitters
Section 379B(d) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 2008p(d)) is amended to read as follows:
(d)
Authorization of
appropriations
There is authorized to be appropriated to carry
out this section $1,000,000 for each of fiscal years 2014 through
2018.
.
6016.
Rural
microentrepreneur assistance program
Section 379E(d)(2) of the Consolidated Farm
and Rural Development Act (7 U.S.C. 2008s(d)(2)) is amended by striking
$40,000,000 for each of fiscal years 2009 through 2012 and
inserting $20,000,000 for each of fiscal years 2014 through
2018.
6017.
Delta Regional
Authority
(a)
Authorization of
appropriations
Section 382M(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2009aa–12(a)) is amended by striking
$30,000,000 for each of fiscal years 2008 through 2012 and
inserting $12,000,000 for each of fiscal years 2014 through
2018.
(b)
Termination of
authority
Section 382N of such Act (7 U.S.C. 2009aa–13) is
amended by striking 2012 and inserting
2018.
6018.
Northern Great
Plains Regional Authority
(a)
Authorization of
appropriations
Section
383N(a) of the Consolidated Farm and Rural Development Act (7 U.S.C.
2009bb–12(a)) is amended by striking $30,000,000 for each of fiscal
years 2008 through 2012 and inserting $2,000,000 for each of
fiscal years 2014 through 2018.
(b)
Termination of
authority
Section 383O of such Act (7 U.S.C. 2009bb–13) is
amended by striking 2012 and inserting
2018.
6019.
Rural business
investment program
Section
384S of the Consolidated Farm and Rural Development Act (7 U.S.C. 2009cc–18) is
amended by striking $50,000,000 for the period of fiscal years 2008
through 2012 and inserting $20,000,000 for each of fiscal years
2014 through 2018.
B
Rural
Electrification Act of 1936
6101.
Relending for
certain purposes
(a)
In
general
The Rural
Electrification Act of 1936 (7 U.S.C. 901 et seq.) is amended—
(1) in section 2(a), by inserting
(including relending for this purpose as provided in section 4)
after efficiency;
(2) in section 4(a), by inserting
(including relending to ultimate consumers for this purpose by borrowers
enumerated in the proviso in this section) after
efficiency; and
(3) in section
313(b)(2)(B)—
(A) by inserting (acting through the
Rural Utilities Service) after Secretary; and
(B) by inserting
energy efficiency (including relending to ultimate consumers for this
purpose), after promoting.
(b)
Current
authority
The authority
provided in this section is in addition to any other relending authority of the
Secretary under the Rural Electrification Act of 1936 (7 U.S.C. 901 et. seq.)
or any other law.
(c)
Administration
The Secretary (acting through the Rural
Utilities Service) shall continue to carry out section 313 of the Rural
Electrification Act of 1936 (7 U.S.C. 940c) in the same manner as on the day
before enactment of this Act until such time as any regulations necessary to
carry out the amendments made by this section are fully implemented.
6102.
Fees for
certain loan guarantees
The
Rural Electrification Act of 1936 (7 U.S.C. 901 et seq.) is amended by
inserting after section 4 the following:
5.
Fees for certain
loan guarantees
(a)
In
general
For electrification
baseload generation loan guarantees, the Secretary shall, at the request of the
borrower, charge an upfront fee to cover the costs of the loan
guarantee.
(b)
Fee
The fee described in subsection (a) for a
loan guarantee shall be equal to the costs of the loan guarantee (within the
meaning of section 502(5)(C) of the Federal Credit Reform Act of 1990 (2 U.S.C.
661a(5)(C))).
(c)
Limitation
Funds received from a borrower to pay the
fee described in this section shall not be derived from a loan or other debt
obligation that is made or guaranteed by the Federal
Government.
.
6103.
Guarantees for
bonds and notes issued for electrification or telephone purposes
Section 313A(f) of the Rural Electrification
Act of 1936 (7 U.S.C. 940c–1(f)) is amended by striking 2012 and
inserting 2018.
6104.
Expansion of
911 access
Section 315(d) of
the Rural Electrification Act of 1936 (7 U.S.C. 940e(d)) is amended by striking
2012 and inserting 2018.
6105.
Access to
broadband telecommunications services in rural areas
Section 601 of the Rural Electrification Act
of 1936 (7 U.S.C. 950bb) is amended—
(1) in subsection (c),
by striking paragraph (2) and inserting the following:
(2)
Priorities
In making or guaranteeing loans under
paragraph (1), the Secretary shall give—
(A) the highest
priority to applicants that offer to provide broadband service to the greatest
proportion of households that, prior to the provision of the broadband service,
had no incumbent service provider; and
(B) priority to applicants that offer in their
applications to provide broadband service not predominantly for business
service, but where at least 25 percent of customers in the proposed service
territory are commercial
interests.
;
(2) in subsection
(d)—
(A) in paragraph
(5)—
(i) by
striking and at the end of subparagraph (B);
(ii) by
striking the period at the end of subparagraph (C) and inserting a semicolon;
and
(iii) by
adding at the end the following:
(D) the amount and type of support requested;
and
(E) a list of the
census block groups or tracts proposed to be so
served.
;
and
(B) by adding at the
end the following:
(8)
Additional
process
The Secretary shall
establish a process under which an incumbent service provider which, as of the
date of the publication of notice under paragraph (5) with respect to an
application submitted by the provider, is providing broadband service to a
remote rural area, may (but shall not be required to) submit to the Secretary,
not less than 15 and not more than 30 days after that date, information
regarding the broadband services that the provider offers in the proposed
service territory, so that the Secretary may assess whether the application
meets the requirements of this section with respect to eligible
projects.
;
(3) in subsection (e),
by adding at the end the following:
(3)
Requirement
In considering the technology needs of
customers in a proposed service territory, the Secretary shall take into
consideration the upgrade or replacement cost for the construction or
acquisition of facilities and equipment in the
territory.
;
and
(4) in each of subsections (k)(1) and (l), by
striking 2012 and inserting 2018.
C
Miscellaneous
6201.
Distance learning
and telemedicine
(a)
Authorization of
appropriations
Section 2335A of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 950aaa–5) is amended by striking
$100,000,000 for each of fiscal years 2008 through 2012 and
inserting $65,000,000 for each of fiscal years 2014 through
2018.
(b)
Conforming
amendment
Section 1(b) of Public Law 102–551 (7 U.S.C. 950aaa
note) is amended by striking 2012 and inserting
2018.
6202.
Value-added
agricultural market development program grants
Section 231(b)(7) of the Agricultural Risk
Protection Act of 2000 (7 U.S.C. 1632a(b)(7)) is amended—
(1) in subparagraph
(A)—
(A) by striking
2008 and inserting 2013; and
(B) by striking
$15,000,000 and inserting $50,000,000; and
(2) in subparagraph
(B), by striking 2012 and inserting 2018.
6203.
Agriculture
innovation center demonstration program
Section 6402(i) of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 1632b(i)) is amended by striking
$6,000,000 for each of fiscal years 2008 through 2012 and
inserting $1,000,000 for each of fiscal years 2014 through
2018.
6204.
Program
metrics
(a)
In
general
The Secretary of
Agriculture shall collect data regarding economic activities created through
grants and loans, including any technical assistance provided as a component of
the grant or loan program, and measure the short and long term viability of
award recipients and any entities to whom those recipients provide assistance
using award funds under section 231 of the Agricultural Risk Protection Act of
2000 (7 U.S.C. 1621 note; Public Law 106–224), section 9007 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 8107), section 313(b)(2) of
the Rural Electrification Act of 1936 (7 U.S.C. 940c(b)(2)), or section
306(a)(11), 310B(c), 310B(e), 310B(g), 310H, or 379E, or subtitle E, of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)(11), 1932(c),
1932(e), 1932(g), 2008s, or 2009 through 2009m).
(b)
Data
The
data collected under subsection (a) shall include information collected from
recipients both during the award period and after the period as determined by
the Secretary, but not less than 2 years after the award period ends.
(c)
Report
Not
later than 4 years after the date of enactment of this Act, and every 2 years
thereafter, the Secretary shall submit to the Committee on Agriculture of the
House of Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate a report that contains the data described in subsection
(a). The report shall include detailed information regarding—
(1) actions taken by
the Secretary to utilize the data;
(2) the number of
jobs, including self-employment and the value of salaries and wages;
(3) how the provision of funds from the grant
or loan involved affected the local economy;
(4) any benefit, such
as an increase in revenue or customer base; and
(5) such other
information as the Secretary deems appropriate.
6205.
Study of rural
transportation issues
(a)
In
general
The Secretary of
Agriculture and the Secretary of Transportation shall publish an updated
version of the study described in section 6206 of the Food, Conservation, and
Energy Act of 2008.
(b)
Report to
congress
Not later than 1 year after the date of enactment of
this Act, the Secretary of Agriculture and the Secretary of Transportation
shall submit to the Congress the updated version of the study required by
subsection (a).
6206.
Certain
Federal actions not to be considered major
In the case of a loan, loan guarantee, or
grant program in the rural development mission area of the Department of
Agriculture, an action of the Secretary before, on, or after the date of
enactment of this Act that does not involve the provision by the Department of
Agriculture of Federal dollars or a Federal loan guarantee, including—
(1) the approval by
the Department of Agriculture of the decision of a borrower to commence a
privately funded activity;
(2) a
lien accommodation or subordination;
(3) a
debt settlement or restructuring; or
(4) the restructuring
of a business entity by a borrower,
shall not be considered a major Federal
action.
VII
Research,
Extension, and Related Matters
A
National
Agricultural Research, Extension, and Teaching Policy Act of 1977
7101.
Option to be
included as non-land-grant college of agriculture
Section 1404 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103) is
amended—
(1) by striking
paragraph (5) and inserting the following new paragraph:
(5)
Cooperating
forestry school
(A)
In
general
The term cooperating forestry school means
an institution—
(i) that is eligible
to receive funds under the Act of October 10, 1962 (16 U.S.C. 582a et seq.),
commonly known as the McIntire-Stennis Act of 1962; and
(ii) with respect to
which the Secretary has not received a declaration of the intent of that
institution to not be considered a cooperating forestry school.
(B)
Termination of
declaration
A declaration of the intent of an institution to not
be considered a cooperating forestry school submitted to the Secretary shall be
in effect until September 30, 2018.
;
and
(2) in paragraph
(10)—
(A) in subparagraph
(A)—
(i) in
the matter preceding clause (i), by striking that;
(ii) in
clause (i)—
(I) by inserting
that before qualify; and
(II) by striking
and at the end;
(iii) in
clause (ii)—
(I) by inserting
that before offer; and
(II) by striking the
period at the end and inserting ; and; and
(iv) by
adding at the end the following new clause:
(iii) with respect to which the Secretary has not
received a statement of the declaration of the intent of a college or
university to not be considered a Hispanic-serving agricultural college or
university.
;
and
(B) by adding at the
end the following new subparagraph:
(C)
Termination of
declaration of intent
A
declaration of the intent of a college or university to not be considered a
Hispanic-serving agricultural college or university submitted to the Secretary
shall be in effect until September 30, 2018.
.
7102.
National
Agricultural Research, Extension, Education, and Economics Advisory
Board
(a)
Extension of
termination date
Section
1408(h) of the National Agricultural Research, Extension, and Teaching Policy
Act of 1977 (7 U.S.C. 3123(h)) is amended by striking 2012 and
inserting 2018.
(b)
Duties of
National Agricultural Research, Extension, Education, and Economics Advisory
Board
Section 1408(c) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3123(c)) is
amended—
(1) in paragraph (3),
by striking and at the end;
(2) in paragraph
(4)(C), by striking the period at the end and inserting ; and;
and
(3) by adding at the
end the following new paragraph:
(5) consult with industry groups on
agricultural research, extension, education, and economics, and make
recommendations to the Secretary based on that
consultation.
.
7103.
Specialty crop
committee
Section 1408A(c) of
the National Agricultural Research, Extension, and Teaching Policy Act of 1977
(7 U.S.C. 3123a(c)) is amended—
(1) in paragraph (1),
by striking Measures and inserting
Programs;
(2) by striking
paragraph (2);
(3) by redesignating
paragraphs (3), (4), and (5) as paragraphs (2), (3), and (4), respectively;
and
(4) in paragraph (2)
(as so redesignated)—
(A) in the matter
preceding subparagraph (A), by striking Programs that would and
inserting Research, extension, and teaching programs designed to improve
competitiveness in the specialty crop industry, including programs that
would;
(B) in subparagraph
(D), by inserting including improving the quality and taste of processed
specialty crops before the semicolon; and
(C) in subparagraph
(G), by inserting the remote sensing and the before
mechanization.
7104.
Veterinary
services grant program
The
National Agricultural Research, Extension, and Teaching Policy Act of 1977 is
amended by inserting after section 1415A (7 U.S.C. 3151a) the following new
section:
1415B.
Veterinary
services grant program
(a)
Definitions
In
this section:
(1)
Qualified
entity
The term qualified entity means—
(A) a for-profit or
nonprofit entity located in the United States that, or an individual who,
operates a veterinary clinic providing veterinary services—
(i) in
a rural area, as defined in section 343(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1991(a)); and
(ii) in a veterinarian
shortage situation;
(B) a State, national,
allied, or regional veterinary organization or specialty board recognized by
the American Veterinary Medical Association;
(C) a college or
school of veterinary medicine accredited by the American Veterinary Medical
Association;
(D) a university
research foundation or veterinary medical foundation;
(E) a department of
veterinary science or department of comparative medicine accredited by the
Department of Education;
(F) a State
agricultural experiment station; or
(G) a State, local, or
tribal government agency.
(2)
Veterinarian
shortage situation
The term veterinarian shortage
situation means a veterinarian shortage situation as determined by the
Secretary under section 1415A.
(b)
Establishment
(1)
Competitive
grants
The Secretary shall
carry out a program to make competitive grants to qualified entities that carry
out programs or activities described in paragraph (2) for the purpose of
developing, implementing, and sustaining veterinary services.
(2)
Eligibility
requirements
A qualified entity shall be eligible to receive a
grant described in paragraph (1) if the entity carries out programs or
activities that the Secretary determines will—
(A) substantially
relieve veterinarian shortage situations;
(B) support or
facilitate private veterinary practices engaged in public health activities;
or
(C) support or
facilitate the practices of veterinarians who are providing or have completed
providing services under an agreement entered into with the Secretary under
section 1415A(a)(2).
(c)
Award processes
and preferences
(1)
Application,
evaluation, and input processes
In administering the grant
program established under this section, the Secretary shall—
(A) use an appropriate
application and evaluation process, as determined by the Secretary; and
(B) seek the input of
interested persons.
(2)
Coordination
preference
In selecting recipients of grants to be used for any
of the purposes described in subsection (d)(1), the Secretary shall give a
preference to qualified entities that provide documentation of coordination
with other qualified entities, with respect to any such purpose.
(3)
Consideration of
available funds
In selecting
recipients of grants to be used for any of the purposes described in subsection
(d), the Secretary shall take into consideration the amount of funds available
for grants and the purposes for which the grant funds will be used.
(4)
Nature of
grants
A grant awarded under this section shall be considered to
be a competitive research, extension, or education grant.
(d)
Use of grants To
relieve veterinarian shortage situations and support veterinary
services
(1)
In
general
Except as provided in paragraph (2), a qualified entity
may use funds provided by a grant awarded under this section to relieve
veterinarian shortage situations and support veterinary services for any of the
following purposes:
(A) To promote
recruitment (including for programs in secondary schools), placement, and
retention of veterinarians, veterinary technicians, students of veterinary
medicine, and students of veterinary technology.
(B) To allow
veterinary students, veterinary interns, externs, fellows, and residents, and
veterinary technician students to cover expenses (other than the types of
expenses described in section 1415A(c)(5)) to attend training programs in food
safety or food animal medicine.
(C) To establish or
expand accredited veterinary education programs (including faculty recruitment
and retention), veterinary residency and fellowship programs, or veterinary
internship and externship programs carried out in coordination with accredited
colleges of veterinary medicine.
(D) To provide
continuing education and extension, including veterinary telemedicine and other
distance-based education, for veterinarians, veterinary technicians, and other
health professionals needed to strengthen veterinary programs and enhance food
safety.
(E) To provide
technical assistance for the preparation of applications submitted to the
Secretary for designation as a veterinarian shortage situation under this
section or section 1415A.
(2)
Qualified
entities operating veterinary clinics
A qualified entity
described in subsection (a)(1)(A) may only use funds provided by a grant
awarded under this section to establish or expand veterinary practices,
including—
(A) equipping
veterinary offices;
(B) sharing in the
reasonable overhead costs of such veterinary practices, as determined by the
Secretary; or
(C) establishing
mobile veterinary facilities in which a portion of the facilities will address
education or extension needs.
(e)
Special
requirements for certain grants
(1)
Terms of service
requirements
(A)
In
general
Funds provided through a grant made under this section to
a qualified entity described in subsection (a)(1)(A) and used by such entity
under subsection (d)(2) shall be subject to an agreement between the Secretary
and such entity that includes a required term of service for such entity
(including a qualified entity operating as an individual), as prospectively
established by the Secretary.
(B)
Considerations
In
establishing a term of service under subparagraph (A), the Secretary shall
consider only—
(i) the amount of the
grant awarded; and
(ii) the specific
purpose of the grant.
(2)
Breach
remedies
(A)
In
general
An agreement under paragraph (1) shall provide remedies
for any breach of the agreement by the qualified entity referred to in
paragraph (1)(A), including repayment or partial repayment of the grant funds,
with interest.
(B)
Waiver
The
Secretary may grant a waiver of the repayment obligation for breach of contract
if the Secretary determines that such qualified entity demonstrates extreme
hardship or extreme need.
(C)
Treatment of
amounts recovered
Funds recovered under this paragraph
shall—
(i) be credited to the
account available to carry out this section; and
(ii) remain available
until expended without further appropriation.
(f)
Prohibition on
use of grant funds for construction
Except as provided in
subsection (d)(2), funds made available for grants under this section may not
be used—
(1) to construct a new
building or facility; or
(2) to acquire,
expand, remodel, or alter an existing building or facility, including site
grading and improvement and architect fees.
(g)
Regulations
Not
later than 1 year after the date of the enactment of this section, the
Secretary shall promulgate regulations to carry out this section.
(h)
Authorization of
appropriations
There are authorized to be appropriated to the
Secretary to carry out this section $10,000,000 for fiscal year 2014 and each
fiscal year thereafter, to remain available until
expended.
.
7105.
Grants and
fellowships for food and agriculture sciences education
Section 1417(m) of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3152(m)) is
amended by striking section $60,000,000 and all that follows and
inserting the
following:
section—
(1) $60,000,000 for each of fiscal years 1990
through 2013; and
(2) $40,000,000 for
each of fiscal years 2014 through
2018.
.
7106.
Policy
research centers
Section 1419A
of the National Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3155) is amended—
(1) in the section
heading, by inserting Agricultural and food before
policy;
(2) in subsection (a),
in the matter preceding paragraph (1)—
(A) by striking
Secretary may and inserting Secretary shall, acting
through the Office of the Chief Economist,;
(B) by striking
make grants, competitive grants, and special research grants to, and
enter into cooperative agreements and other contracting instruments with,
and inserting make competitive grants to or enter into
cooperative agreements with; and
(C) by inserting
with a history of providing unbiased, nonpartisan economic analysis to
Congress after subsection (b);
(3) in subsection (b),
by striking other research institutions and all that follows
through shall be eligible and inserting and other public
research institutions and organizations shall be eligible;
(4) by redesignating
subsections (c) and (d) as subsections (d) and (e), respectively;
(5) by inserting after
subsection (b), the following new subsection:
(c)
Preference
In awarding grants under this section, the
Secretary shall give a preference to policy research centers that have
extensive databases, models, and demonstrated experience in providing Congress
with agricultural market projections, rural development analysis, agricultural
policy analysis, and baseline projections at the farm, multiregional, national,
and international levels.
;
and
(6) by striking
subsection (e) (as redesignated by paragraph (4)) and inserting the following
new subsection:
(e)
Authorization of
appropriations
There are
authorized to be appropriated to carry out this section—
(1) such sums as are
necessary for each of fiscal years 1996 through 2013; and
(2) $5,000,000 for each of fiscal years 2014
through
2018.
.
7107.
Repeal of
human nutrition intervention and health promotion research
program
Effective October 1,
2013, section 1424 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3174) is repealed.
7108.
Repeal of
pilot research program to combine medical and agricultural
research
Effective October 1,
2013, section1424A of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3174a) is repealed.
7109.
Nutrition
education program
Section
1425(f) of the National Agricultural Research, Extension, and Teaching Policy
Act of 1977 (7 U.S.C. 3175(f)) is amended by striking 2012 and
inserting 2018.
7110.
Continuing
animal health and disease research programs
Section 1433 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3195) is amended
by striking the section designation and heading and all that follows through
subsection (a) and inserting the following:
1433.
Appropriations
for continuing animal health and disease research programs
(a)
Authorization of
appropriations
(1)
In
general
There are authorized
to be appropriated to support continuing animal health and disease research
programs at eligible institutions—
(A) $25,000,000 for each of fiscal years 1991
through 2013; and
(B) $15,000,000 for
each of fiscal years 2014 through 2018.
(2)
Use of
funds
Funds made available
under this section shall be used—
(A) to meet the
expenses of conducting animal health and disease research, publishing and
disseminating the results of such research, and contributing to the retirement
of employees subject to the Act of March 4, 1940 (7 U.S.C. 331);
(B) for administrative
planning and direction; and
(C) to purchase
equipment and supplies necessary for conducting the research described in
subparagraph
(A).
.
7111.
Repeal of
appropriations for research on national or regional problems
(a)
Repeal
Effective October 1, 2013, section 1434 of
the National Agricultural Research, Extension, and Teaching Policy Act of 1977
(7 U.S.C. 3196) is repealed.
(b)
Conforming
amendments
(1)
Matching
funds
Section 1438 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3200) is amended in the
first sentence by striking , exclusive of the funds provided for
research on specific national or regional animal health and disease problems
under the provisions of section 1434 of this title,.
(2)
Authorization of
appropriations for existing and certain new agricultural research
programs
Section 1463(c) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3311(c)) is amended by
striking sections 1433 and 1434 and inserting section
1433.
7112.
Grants to
upgrade agricultural and food sciences facilities at 1890 land-grant colleges,
including Tuskegee University
Section 1447(b) of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222b(b)) is
amended by striking 2012 and inserting
2018.
7113.
Grants to
upgrade agriculture and food science facilities and equipment at insular area
land-grant institutions
(a)
Supporting
tropical and subtropical agricultural research
(1)
In
general
Section 1447B(a) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222b–2(a)) is amended to
read as follows:
(a)
Purpose
It is the intent of Congress to assist the
land-grant colleges and universities in the insular areas in efforts to—
(1) acquire, alter, or
repair facilities or relevant equipment necessary for conducting agricultural
research; and
(2) support tropical
and subtropical agricultural research, including pest and disease
research.
.
(2)
Conforming
amendment
Section 1447B of
the National Agricultural Research, Extension, and Teaching Policy Act of 1977
(7 U.S.C. 3222b–2) is amended in the heading—
(A) by inserting
and support tropical and
subtropical agricultural research after
equipment; and
(B) by striking
institutions and inserting
colleges and
universities.
(b)
Extension
Section 1447B(d) of the National
Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3222b–2(d)) is amended by striking 2012 and inserting
2018.
7114.
Repeal of
national research and training virtual centers
Effective October 1, 2013, section 1448 of
the National Agricultural Research, Extension, and Teaching Policy Act of 1977
(7 U.S.C. 3222c) is repealed.
7115.
Hispanic-serving
institutions
Section 1455(c)
of the National Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3241(c)) is amended by striking 2012 and
inserting 2018.
7116.
Competitive
Grants Program for Hispanic Agricultural Workers and Youth
Section 1456(e)(1) of the National
Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3243(e)(1)) is amended to read as follows:
(1)
In
general
The Secretary shall
establish a competitive grants program—
(A) to fund fundamental and applied research
and extension at Hispanic-serving agricultural colleges and universities in
agriculture, human nutrition, food science, bioenergy, and environmental
science; and
(B) to award competitive grants to
Hispanic-serving agricultural colleges and universities to provide for training
in the food and agricultural sciences of Hispanic agricultural workers and
Hispanic youth working in the food and agricultural
sciences.
.
7117.
Competitive
grants for international agricultural science and education
programs
Section 1459A(c) of
the National Agricultural Research, Extension, and Teaching Policy Act of 1977
(7 U.S.C. 3292b(c)) is amended to read as follows:
(c)
Authorization of
appropriations
There are
authorized to be appropriated to carry out this section—
(1) such sums as are
necessary for each of fiscal years 1999 through 2013; and
(2) $5,000,000 for
each of fiscal years 2014 through
2018.
.
7118.
Repeal of
research equipment grants
Effective October 1, 2013, section 1462A of
the National Agricultural Research, Extension, and Teaching Policy Act of 1977
(7 U.S.C. 3310a) is repealed.
7119.
University
research
Section 1463 of the
National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3311) is amended in both of subsections (a) and (b) by striking
2012 and inserting 2018.
7120.
Extension
service
Section 1464 of the
National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3312) is amended by striking 2012 and inserting
2018.
7121.
Auditing,
reporting, bookkeeping, and administrative requirements
Section 1469 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3315) is
amended—
(1) in subsection
(a)—
(A) in paragraph (2),
by adding and at the end;
(B) by striking
paragraph (3); and
(C) by redesignating
paragraph (4) as paragraph (3);
(2) by redesignating
subsections (b), (c), and (d) as subsections (d), (e), and (f), respectively;
and
(3) by inserting after
subsection (a) the following new subsections:
(b)
Administrative
expenses
(1)
In
general
Except as provided in paragraph (2) and notwithstanding
any other provision of law, the Secretary may retain not more than 4 percent of
amounts made available for agricultural research, extension, and teaching
assistance programs for the administration of those programs authorized under
this Act or any other Act.
(2)
Exceptions
The limitation on administrative expenses
under paragraph (1) shall not apply to peer panel expenses under subsection (d)
or any other provision of law related to the administration of agricultural
research, extension, and teaching assistance programs that contains a
limitation on administrative expenses that is less than the limitation under
paragraph (1).
(c)
Agreements with
non-Federal entities
(1)
Former
agricultural research facilities of the Department
To
the maximum extent practicable, the Secretary, for purposes of supporting
ongoing research and information dissemination activities, including supporting
research and those activities through co-locating scientists and other
technical personnel, sharing of laboratory and field equipment, and providing
financial support, shall enter into grants, contracts, cooperative agreements,
or other legal instruments with former Department of Agriculture agricultural
research facilities.
(2)
Agreements with
agricultural research organizations
The Secretary, for purposes of receiving
from a non-Federal agricultural research organization support for agricultural
research, including staffing, laboratory and field equipment, or direct
financial assistance, may enter into grants, contracts, cooperative agreements,
or other legal instruments with an agricultural research organization, the
operation of which is consistent with the research mission and programs of an
agricultural research facility of the Department of
Agriculture.
.
7122.
Supplemental
and alternative crops
(a)
Authorization of
appropriations and termination
Section 1473D of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3319d) is
amended—
(1) in subsection (a), by striking
2012 and inserting 2018; and
(2) by adding at the
end the following new subsection:
(e) There are authorized to be appropriated to
carry out this section—
(1) such sums as are
necessary for fiscal year 2013; and
(2) $1,000,000 for
each of fiscal years 2014 through
2018.
.
(b)
Competitive
grants
Section 1473D(c)(1) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3319d(c)(1)) is amended by
striking use such research funding, special or competitive grants, or
other means, as the Secretary determines, and inserting make
competitive grants.
7123.
Capacity
building grants for NLGCA institutions
Section 1473F(b) of the National
Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3319i(b)) is amended by striking 2012 and inserting
2018.
7124.
Aquaculture
assistance programs
(a)
Competitive
grants
Section 1475(b) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3322(b)) is amended in the
matter preceding paragraph (1), by inserting competitive before
grants.
(b)
Authorization of
appropriations
Section 1477
of the National Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3324) is amended to read as follows:
1477.
Authorization
of appropriations
(a)
In
general
There are authorized
to be appropriated to carry out this subtitle—
(1) $7,500,000 for
each of fiscal years 1991 through 2013; and
(2) $5,000,000 for
each of fiscal years 2014 through 2018.
(b)
Prohibition on
use
Funds made available under this section may not be used to
acquire or construct a
building.
.
7125.
Rangeland
research programs
Section
1483(a) of the National Agricultural Research, Extension, and Teaching Policy
Act of 1977 (7 U.S.C. 3336(a)) is amended by striking subtitle
and all that follows and inserting the
following:
subtitle—
(1) $10,000,000 for each of fiscal years 1991
through 2013; and
(2) $2,000,000 for
each of fiscal years 2014 through
2018.
.
7126.
Special
authorization for biosecurity planning and response
Section 1484(a) of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3351(a)) is
amended by striking response such sums as are necessary and all
that follows and inserting the
following:
response—
(1) such sums as are necessary for each of
fiscal years 2002 through 2013; and
(2) $10,000,000 for
each of fiscal years 2014 through
2018.
.
7127.
Distance
education and resident instruction grants program for insular area institutions
of higher education
(a)
Distance
education grants for insular areas
(1)
Competitive
grants
Section 1490(a) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3362(a)) is amended by
striking or noncompetitive.
(2)
Authorization of
appropriations
Section
1490(f) of the National Agricultural Research, Extension, and Teaching Policy
Act of 1977 (7 U.S.C. 3362(f)) is amended by striking section
and all that follows and inserting the
following:
section—
(1) such sums as are necessary for each of
fiscal years 2002 through 2013; and
(2) $2,000,000 for
each of fiscal years 2014 through
2018.
.
(b)
Resident
instruction grants for insular areas
Section 1491(c) of the National
Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3363(c)) is amended by striking such sums as are necessary and
all that follows and inserting the
following:
to carry out this
section—
(1) such sums as are necessary for each of
fiscal years 2002 through 2013; and
(2) $2,000,000 for
each of fiscal years 2014 through
2018.
.
7128.
Matching funds
requirement
(a)
In
general
The National
Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3101 et seq.) is amended by adding at the end the following new
subtitle:
P
General
Provisions
1492.
Matching funds
requirement
(a)
In
general
The recipient of a
competitive grant that is awarded by the Secretary under a covered law shall
provide funds, in-kind contributions, or a combination of both, from sources
other than funds provided through such grant in an amount at least equal to the
amount of such grant.
(b)
Exception
The matching funds requirement under
subsection (a) shall not apply to grants awarded—
(1) to a research
agency of the Department of Agriculture;
(2) to an entity eligible to receive funds
under a capacity and infrastructure program (as defined in section 251(f)(1)(C)
of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C.
6971(f)(1)(C))), including a partner of such entity.
(c)
Covered
law
In this section, the term covered law means each
of the following provisions of law:
(1) This title.
(2) Title XVI of the
Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5801 et
seq.).
(3) The Agricultural
Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7601 et
seq.).
(4) Part III of
subtitle E of title VII of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 3202 et seq.).
(5) The Competitive,
Special, and Facilities Research Grant Act (7 U.S.C.
450i).
.
(b)
Conforming
amendment
Paragraph (9) of subsection (b) of the Competitive,
Special, and Facilities Research Grant Act (7 U.S.C. 450i(b)) is
amended—
(1) by striking
subparagraph (B);
(2) in the heading, by
inserting for equipment
grants after funds;
(3) by striking
(A)
Equipment
grants.—; and
(4) by redesignating
clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and moving the
margins of such subparagraphs two ems to the left.
(c)
Application to
amendments
(1)
New
grants
Section 1492 of the
National Agricultural, Research, Extension, and Teaching Policy Act of 1977, as
added by subsection (a), shall apply with respect to grants described in such
section awarded after October 1, 2013, unless the provision of a covered law
under which such grants are awarded specifically exempts such grants from the
matching funds requirement under such section.
(2)
Existing
grants
A matching funds requirement in effect on or before
October 1, 2013, under a covered law shall continue to apply to a grant awarded
under such provision of law on or before that date.
B
Food, Agriculture,
Conservation, and Trade Act of 1990
7201.
Best
utilization of biological applications
Section 1624 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5814) is amended in the first
sentence—
(1) by striking
$40,000,000 for each fiscal year; and
(2) by inserting
$40,000,000 for each of fiscal years 2013 through 2018 after
chapter.
7202.
Integrated
management systems
Section
1627(d) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
5821(d)) is amended to read as follows:
(d)
Authorization of
appropriations
There are authorized to be appropriated to carry
out this section through the National Institute of Food and Agriculture
$20,000,000 for each of fiscal years 2013 through
2018.
.
7203.
Sustainable
agriculture technology development and transfer program
Section 1628(f) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5831(f)) is amended to read as
follows:
(f)
Authorization of
appropriations
There are authorized to be appropriated to carry
out this section—
(1) such sums as are
necessary for fiscal year 2013; and
(2) $5,000,000 for
each of fiscal years 2014 through
2018.
.
7204.
National
training program
Section
1629(i) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
5832(i)) is amended to read as follows:
(i)
Authorization of
appropriations
There are authorized to be appropriated to carry
out the National Training Program $20,000,000 for each of fiscal years 2013
through
2018.
.
7205.
National
Genetics Resources Program
Section 1635(b) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5844(b)) is amended—
(1) by striking
such funds as may be necessary; and
(2) by striking
subtitle and all that follows and inserting the
following:
subtitle—
(1) such sums as are necessary for each of
fiscal years 1991 through 2013; and
(2) $1,000,000 for
each of fiscal years 2014 through
2018.
.
7206.
Repeal of
National Agricultural Weather Information System
Effective October 1, 2013, subtitle D of
title XVI of the Food, Agriculture, Conservation, and Trade Act of 1990 (7
U.S.C. 5851 et seq.) is repealed.
7207.
Repeal of
rural electronic commerce extension program
Effective October 1, 2013, section 1670 of
the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5923) is
repealed.
7208.
Repeal of
agricultural genome initiative
Effective October 1, 2013, section 1671 of
the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5924) is
repealed.
7209.
High-priority
research and extension initiatives
Section 1672 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5925) is amended—
(1) in the first
sentence of subsection (a), by striking subsections (e) through
(i) and inserting subsections (e) and (f);
(2) in subsection
(b)(2), in the first sentence, by striking subsections (e) through
(i) and inserting subsections (e) and (f);
(3) by striking
subsections (e), (f), and (i);
(4) by redesignating subsections (g), (h), and
(j) as subsections (e), (f), and (g), respectively;
(5) in subsection (f) (as redesignated by
paragraph (4))—
(A) by striking
2012 each place it appears in paragraphs (1)(B), (2)(B), and (3)
and inserting 2018; and
(B) in paragraph
(4)—
(i) in
subparagraph (A), by inserting and honey bee health disorders
after collapse; and
(ii) in
subparagraph (B), by inserting , including best management
practices after strategies; and
(6) in subsection (g) (as redesignated by
paragraph (4)), by striking 2012 and inserting
2018.
7210.
Repeal of
nutrient management research and extension initiative
Effective October 1, 2013, section 1672A of
the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925a) is
repealed.
7211.
Organic
agriculture research and extension initiative
Section 1672B of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5925b) is amended—
(1) by striking subsection (e) and inserting
the following new subsection:
(e)
Farm business
management encouraged
Following the completion of a peer review
process for grant proposals received under this section, the Secretary shall
give a priority to grant proposals found in the review process to be
scientifically meritorious using the same criteria the Secretary uses to give
priority to grants under section
1672D(b).
;
and
(2) in subsection
(f)—
(A) in paragraph
(1)—
(i) in
the heading of such paragraph, by striking 2012 and
inserting 2018;
(ii) in
subparagraph (A), by striking and at the end;
(iii) in
subparagraph (B), by striking the period at the end and inserting ;
and; and
(iv) by
adding at the end the following new subparagraph:
(C) $20,000,000 for each of fiscal years 2014
through 2018.
;
and
(B) in paragraph
(2)—
(i) in
the heading of such paragraph, by striking 2012 and
inserting 2018;
and
(ii) by
striking 2012 and inserting 2018.
7212.
Repeal of
agricultural bioenergy feedstock and energy efficiency research and extension
initiative
(a)
Repeal
Effective October 1, 2013, section 1672C of
the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925e) is
repealed.
(b)
Conforming
amendment
Section 251(f)(1)(D) of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6971(f)(1)(D)) is amended—
(1) by striking clause
(xi); and
(2) by redesignating
clauses (xii) and (xiii) as clauses (xi) and (xii), respectively.
7213.
Farm business
management
Section 1672D(d) of
the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925f(d))
is amended by striking such sums as are necessary to carry out this
section. and inserting the
following:
to carry out this
section—
(1) such sums as are necessary for fiscal year
2013; and
(2) $5,000,000 for
each of fiscal years 2014 through
2018.
.
7214.
Centers of
excellence
The Food,
Agriculture, Conservation, and Trade Act of 1990 is amended by inserting after
section 1672D (7 U.S.C. 5925f) the following new section:
1673.
Centers of
excellence
(a)
Funding
priorities
The Secretary
shall prioritize centers of excellence established for specific agricultural
commodities for the receipt of funding for any competitive research or
extension program administered by the Secretary.
(b)
Composition
A
center of excellence is composed of 1 or more of the eligible entities
specified in subsection (b)(7) of the Competitive, Special, and Facilities
Research Grant Act (7 U.S.C. 450i(b)(7)) that provide financial or in-kind
support to the center of excellence.
(c)
Criteria for
centers of excellence
(1)
Required
efforts
The criteria for consideration to be recognized as a
center of excellence shall include efforts—
(A) to ensure
coordination and cost effectiveness by reducing unnecessarily duplicative
efforts regarding research, teaching, and extension;
(B) to leverage
available resources by using public/private partnerships among agricultural
industry groups, institutions of higher education, and the Federal
Government;
(C) to implement
teaching initiatives to increase awareness and effectively disseminate
solutions to target audiences through extension activities; and
(D) to increase the
economic returns to rural communities by identifying, attracting, and directing
funds to high-priority agricultural issues.
(2)
Additional
efforts
Where practicable,
the criteria for consideration to be recognized as a center of excellence shall
include efforts to improve teaching capacity and infrastructure at colleges and
universities (including land-grant institutions, schools of forestry, schools
of veterinary medicine, and NLGCA
Institutions).
.
7215.
Repeal of red
meat safety research center
Effective October 1, 2013, section 1676 of
the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5929) is
repealed.
7216.
Assistive
technology program for farmers with disabilities
Section 1680(c)(1) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5933(c)(1)) is amended—
(1) by striking
is and inserting are; and
(2) by striking
section and all that follows and inserting the
following:
section—
(A) $6,000,000 for each of fiscal years 1999
through 2013; and
(B) $3,000,000 for
each of fiscal years 2014 through
2018.
.
7217.
National rural
information center clearinghouse
Section 2381(e) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 3125b(e)) is amended by striking
2012 and inserting 2018.
C
Agricultural
Research, Extension, and Education Reform Act of 1998
7301.
Relevance and
merit of agricultural research, extension, and education funded by the
Department
Section 103(a)(2)
of the Agricultural Research, Extension, and Education Reform Act of 1998 (7
U.S.C. 7613(a)(2)) is amended—
(1) in the heading by striking
Merit review of
extension and inserting Relevance and merit review of research,
extension,;
(2) in subparagraph
(A)—
(A) by inserting
relevance and before merit; and
(B) by striking
extension or education and inserting research, extension,
or education; and
(3) in subparagraph
(B), by inserting on a continuous basis after
procedures.
7302.
Integrated
research, education, and extension competitive grants program
Section 406(f) of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7 U.S.C. 7626(f)) is amended by
striking 2012 and inserting 2018.
7303.
Repeal of
coordinated program of research, extension, and education to improve viability
of small and medium size dairy, livestock, and poultry operations
(a)
Repeal
Effective October 1, 2013, section 407 of
the Agricultural Research, Extension, and Education Reform Act of 1998 (7
U.S.C. 7627) is repealed.
(b)
Conforming
amendment
Section
251(f)(1)(D) of the Department of Agriculture Reorganization Act of 1994 (7
U.S.C. 6971(f)(1)(D)), as amended by section 7212(b), is further
amended—
(1) by striking clause
(xi) (as redesignated by section 7212(b)); and
(2) by redesignating
clause (xii) (as redesignated by section 7212(b)) as clause (xi).
7304.
Fusarium
Graminearum grants
Section
408(e) of the Agricultural Research, Extension, and Education Reform Act of
1998 (7 U.S.C. 7628(e)) is amended to read as follows:
(e)
Authorization of
appropriations
There are
authorized to be appropriated to carry out this section—
(1) such sums as may be necessary for each of
fiscal years 1999 through 2013; and
(2) $7,500,000 for
each of fiscal years 2014 through 2018.
.
7305.
Repeal of
Bovine Johne's disease control program
Effective October 1, 2013, section 409 of
the Agricultural Research, Extension, and Education Reform Act of 1998 (7
U.S.C. 7629) is repealed.
7306.
Grants for
youth organizations
Section
410(d) of the Agricultural Research, Extension, and Education Reform Act of
1998 (7 U.S.C. 7630(d)) is amended by striking section such sums as are
necessary and all that follows and inserting the
following:
section—
(1) such sums as are necessary for each of
fiscal years 2008 through 2013; and
(2) $3,000,000 for
each of fiscal years 2014 through
2018.
.
7307.
Specialty crop
research initiative
Section
412 of the Agricultural Research, Extension, and Education Reform Act of 1998
(7 U.S.C. 7632) is amended—
(1) in subsection (b)—
(A) in paragraph (1),
by striking and genomics and inserting genomics, and
other methods; and
(B) in paragraph (3),
by inserting handling and processing, after production
efficiency,;
(2) by striking
subsection (d) and inserting the following new subsection:
(d)
Research
projects
In carrying out this
section, the Secretary shall award competitive grants on the basis of—
(1) an initial scientific peer review conducted
by a panel of subject matter experts from Federal agencies, non-Federal
entities, and the specialty crop industry; and
(2) a final funding determination made by the
Secretary based on a review and ranking for merit, relevance, and impact
conducted by a panel of specialty crop industry representatives for the
specific specialty crop.
;
and
(3) in subsection (h)—
(A) in paragraph (1)—
(i) in
the heading, by striking (1) Mandatory funding for fiscal years 2008 through
2012.—Of the funds
and inserting the following:
(1)
Mandatory
funding
(A)
Fiscal years
2008 through 2012
Of the
funds
;
and
(ii) by
adding at the end the following new subparagraph:
(B)
Subsequent
funding
Of the funds of the
Commodity Credit Corporation, the Secretary shall make available to carry out
this section—
(i) $50,000,000 for
fiscal years 2014 and 2015;
(ii) $55,000,000 for
fiscal years 2016 and 2017; and
(iii) $65,000,000 for
fiscal year 2018 and each fiscal year
thereafter.
;
and
(B) in paragraph (2), by striking
2012 and inserting 2018.
7308.
Food animal
residue avoidance database program
Section 604(e) of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7 U.S.C. 7642(e)) is amended by
striking 2012 and inserting 2018.
7309.
Repeal of
national swine research center
Effective October 1, 2013, section 612 of
the Agricultural Research, Extension, and Education Reform Act of 1998 (Public
Law 105–185; 112 Stat. 605) is repealed.
7310.
Office of pest
management policy
Section
614(f) of the Agricultural Research, Extension, and Education Reform Act of
1998 (7 U.S.C. 7653(f)) is amended—
(1) by striking such sums as are
necessary; and
(2) by striking
section and all that follows and inserting the
following:
section—
(1) such sums as are necessary for each of
fiscal years 1999 through 2013; and
(2) $3,000,000 for
each of fiscal years 2014 through
2018.
.
7311.
Repeal of
studies of agricultural research, extension, and education
Effective October 1, 2013, subtitle C of
title VI of the Agricultural Research, Extension, and Education Reform Act of
1998 (7 U.S.C. 7671 et seq.) is repealed.
D
Other
Laws
7401.
Critical
Agricultural Materials Act
Section 16(a) of the Critical Agricultural
Materials Act (7 U.S.C. 178n(a)) is amended—
(1) by striking such sums as are
necessary; and
(2) by striking
Act and all that follows and inserting the
following:
Act—
(1) such sums as are necessary for each of
fiscal years 1991 through 2013; and
(2) $2,000,000 for
each of fiscal years 2014 through
2018.
.
7402.
Equity in
Educational Land-grant Status Act of
1994
(a)
Definition of
1994 institutions
Section 532 of the Equity in Educational
Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public Law 103–382) is
amended—
(1) in paragraph (8),
by striking Memorial;
(2) in paragraph (26),
by striking Community;
(3) by striking
paragraphs (5), (10), and (27);
(4) by redesignating
paragraphs (1), (2), (3), (4), (6), (7), (8), (9), (14), (15), (16), (17),
(18), (19), (20), (21), (22), (23), (24), (25), (26), (28), (29), (30), (31),
(32), (33), and (34) as paragraphs (2), (3), (4), (7), (8), (9), (5), (10),
(15), (17), (18), (19), (20), (22), (23), (24), (25), (32), (26), (27), (28),
(29), (30), (31), (33), (34), (35), and (14), respectively, and transferring
the paragraphs so as to appear in numerical order;
(5) by inserting
before paragraph (2) (as so redesignated), the following new paragraph:
(1) Aaniih Nakoda
College.
;
(6) by inserting after
paragraph (5) (as so redesignated), the following new paragraph:
(6) College of the Muscogee
Nation.
;
(7) by inserting after paragraph (15) (as so
redesignated) the following new paragraph:
(16) Keweenaw Bay Ojibwa Community
College.
;
and
(8) by inserting after
paragraph (20) (as so redesignated) the following new paragraph:
(21) Navajo Technical
College.
.
(b)
Endowment for
1994 institutions
Section
533(b) of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301
note; Public Law 103–382) is amended in the first sentence by striking
2012 and inserting 2018.
(c)
Institutional
Capacity Building Grants
Section 535 of the Equity in Educational
Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public Law 103–382) is
amended by striking 2012 each place it appears in subsections
(b)(1) and (c) and inserting 2018.
(d)
Research
grants
(1)
Authorization of
appropriations
Section 536(c)
of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note;
Public Law 103–382) is amended in the first sentence by striking
2012 and inserting 2018.
(2)
Research grant
requirements
Section 536(b) of the Equity in Educational
Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public Law 103–382) is
amended by striking with at least 1 other land-grant college or
university and all that follows and inserting the
following:
with—
(1) the Agricultural Research Service of the
Department of Agriculture; or
(2) at least 1—
(A) other land-grant
college or university (exclusive of another 1994 Institution);
(B) non-land-grant
college of agriculture (as defined in section 1404 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103));
or
(C) cooperating
forestry school (as defined in that
section).
.
7403.
Research
Facilities Act
Section 6(a) of
the Research Facilities Act (7 U.S.C. 390d(a)) is amended by striking
2012 and inserting 2018.
7404.
Repeal of
carbon cycle research
Effective October 1, 2013, section 221 of
the Agricultural Risk Protection Act of 2000 (7 U.S.C. 6711) is
repealed.
7405.
Competitive,
Special, and Facilities Research Grant Act
(a)
Extension
Subsection (b)(11)(A) of the Competitive,
Special, and Facilities Research Grant Act (7 U.S.C. 450i(b)(11)(A)) is amended
in the matter preceding clause (i) by striking 2012 and
inserting 2018.
(b)
Priority
areas
Subsection (b)(2) of
the Competitive, Special, and Facilities Research Grant Act (7 U.S.C.
450i(b)(2)) is amended—
(1) in subparagraph
(A)—
(A) in clause (vi), by
striking and at the end;
(B) in clause (vii),
by striking the period at the end and inserting ; and;
and
(C) by adding at the
end the following new clause:
(viii) plant-based foods that are major sources of
nutrients of concern (as determined by the
Secretary).
;
(2) in subparagraph
(B)—
(A) in clause (vii),
by striking and at the end;
(B) in clause (viii),
by striking the period at the end and inserting a semicolon; and
(C) by adding at the
end the following new clauses:
(ix) the research and development of
surveillance methods, vaccines, vaccination delivery systems, or diagnostic
tests for pests and diseases (especially zoonotic diseases) in wildlife
reservoirs presenting a potential concern to public health or domestic
livestock and pests and diseases in minor species (including deer, elk, and
bison); and
(x) the identification of animal drug needs and
the generation and dissemination of data for safe and effective therapeutic
applications of animal drugs for minor species and minor uses of such drugs in
major species.
;
(3) in subparagraph
(C)—
(A) in clause (ii), by
inserting before the semicolon , including the effects of plant-based
foods that are major sources of nutrients of concern on diet and
health;
(B) in clause (iii), by inserting before the
semicolon , including plant-based foods that are major sources of
nutrients of concern;
(C) in clause (iv), by inserting before the
semicolon , including postharvest practices conducted with respect to
plant-based foods that are major sources of nutrients of concern;
and
(D) in clause (v), by
inserting before the period , including improving the functionality of
plant-based foods that are major sources of nutrients of
concern;
(4) in subparagraph
(D)—
(A) by redesignating clauses (iv), (v), and
(vi) as clauses (v), (vi), and (vii), respectively; and
(B) by inserting after
clause (iii) the following new clause:
(iv) the effectiveness of conservation practices
and technologies designed to address nutrient losses and improve water
quality;
;
and
(5) in subparagraph
(F)—
(A) in the matter
preceding clause (i), by inserting economics, after
trade,;
(B) by redesignating
clauses (v) and (vi) as clauses (vi) and (vii), respectively; and
(C) by inserting after
clause (iv) the following new clause:
(v) the economic costs, benefits, and viability
of producers adopting conservation practices and technologies designed to
improve water
quality;
.
(c)
General
administration
Subsection
(b)(4) of the Competitive, Special, and Facilities Research Grant Act (7 U.S.C.
450i(b)(4)) is amended—
(1) in subparagraph
(D), by striking and at the end;
(2) in subparagraph
(E), by striking the period at the end and inserting ; and;
and
(3) by adding at the
end the following new subparagraph:
(F) establish procedures under which a
commodity board established under a commodity promotion law (as such term is
defined under section 501(a) of the Federal Agriculture Improvement and Reform
Act of 1996 (7 U.S.C. 7401(a))) or a State commodity board (or other equivalent
State entity) may directly submit to the Secretary proposals for requests for
applications to specifically address particular issues related to the priority
areas specified in paragraph
(2).
.
(d)
Special
considerations
Subsection
(b)(6) of the Competitive, Special, and Facilities Research Grant Act (7 U.S.C.
450i(b)(6)) is amended—
(1) in subparagraph
(C), by striking and at the end;
(2) in subparagraph
(D), by striking the period at the end and inserting ; and;
and
(3) by adding at the
end the following new subparagraph:
(E) to eligible entities to carry out the
specific research proposals submitted under procedures established under
paragraph
(4)(F).
.
(e)
Eligible
entities
Subsection (b)(7)(G)
of the Competitive, Special, and Facilities Research Grant Act (7 U.S.C.
450i(b)(7)(G)) is amended by striking or corporations and
inserting , foundations, or corporations .
(f)
Inter-Regional
Research Project Number 4
Subsection (e) of the Competitive, Special,
and Facilities Research Grant Act (7 U.S.C. 450i(e)) is amended—
(1) in paragraph
(1)(A), by striking minor use pesticides and inserting
pesticides for minor agricultural use and for use on specialty crops (as
defined in section 3 of the Specialty Crop Competitiveness Act of 2004 (7
U.S.C. 1621 note); and
(2) in paragraph
(4)—
(A) in subparagraph
(A), by inserting and for use on specialty crops after
minor agricultural use;
(B) in subparagraph
(B), by striking and at the end;
(C) by redesignating
subparagraph (C) as subparagraph (G); and
(D) by inserting after
subparagraph (B) the following new subparagraphs:
(C) prioritize potential pest management
technology for minor agricultural use and for use on specialty crops;
(D) conduct research
to develop the data necessary to facilitate pesticide registrations,
reregistrations, and associated tolerances;
(E) assist in removing trade barriers caused by
residues of pesticides registered for minor agricultural use and for use on
domestically grown specialty crops;
(F) assist in the registration and
reregistration of pest management technologies for minor agricultural use and
for use on specialty crops;
and
.
(g)
Emphasis on
sustainable agriculture
The
Competitive, Special, and Facilities Research Grant Act (7 U.S.C. 450i) is
amended by striking subsection (k).
7406.
Renewable
Resources Extension Act of 1978
(a)
Authorization of
appropriations
Section 6 of
the Renewable Resources Extension Act of 1978 (16 U.S.C. 1675) is amended in
the first sentence by striking 2012 and inserting
2018.
(b)
Termination
date
Section 8 of the
Renewable Resources Extension Act of 1978 (16 U.S.C. 1671 note; Public Law
95–306) is amended by striking 2012 and inserting
2018.
7407.
National
Aquaculture Act of 1980
Section 10 of the National Aquaculture Act
of 1980 (16 U.S.C. 2809) is amended by striking 2012 each place
it appears and inserting 2018.
7408.
Repeal of use
of remote sensing data
Effective October 1, 2013, section 892 of
the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 5935) is
repealed.
7409.
Repeal of
reports under Farm Security and Rural Investment Act of
2002
(a)
Repeal of report
on producers and handlers for organic products
Effective October 1, 2013, section 7409 of
the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 5925b note; Public
Law 107–171) is repealed.
(b)
Repeal of report
on genetically modified pest-Protected plants
Effective October 1, 2013, section 7410 of
the Farm Security and Rural Investment Act of 2002 (Public Law 107–171; 116
Stat. 462) is repealed.
(c)
Repeal of study
on nutrient banking
Effective
October 1, 2013, section 7411 of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 5925a note; Public Law 107–171) is repealed.
7410.
Beginning
farmer and rancher development program
Section 7405 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 3319f) is amended—
(1) in subsection
(c)—
(A) in paragraph (1),
by striking subparagraphs (A) through (R) and inserting the following new
subparagraphs:
(A) basic livestock,
forest management, and crop farming practices;
(B) innovative farm,
ranch, and private, nonindustrial forest land transfer strategies;
(C) entrepreneurship
and business training;
(D) financial and risk management training
(including the acquisition and management of agricultural credit);
(E) natural resource
management and planning;
(F) diversification
and marketing strategies;
(G) curriculum
development;
(H) mentoring,
apprenticeships, and internships;
(I) resources and
referral;
(J) farm financial
benchmarking;
(K) assisting
beginning farmers or ranchers in acquiring land from retiring farmers and
ranchers;
(L) agricultural
rehabilitation and vocational training for veterans; and
(M) other similar
subject areas of use to beginning farmers or
ranchers.
;
(B) in paragraph (7), by striking and
community-based organizations and inserting , community-based
organizations, and school-based agricultural educational
organizations;
(C) by striking
paragraph (8) and inserting the following new paragraph:
(8)
Military veteran
beginning farmers and ranchers
(A)
In
general
Not less than 5 percent of the funds used to carry out
this subsection for a fiscal year shall be used to support programs and
services that address the needs of military veteran beginning farmers and
ranchers.
(B)
Coordination
permitted
A recipient of a grant under this section using the
grant as described in subparagraph (A) may coordinate with a recipient of a
grant under section 1680 of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5933) in addressing the needs of military veteran beginning
farmers and ranchers with disabilities.
;
and
(D) by adding at the
end the following new paragraph:
(11)
Limitation on
indirect costs
A recipient of
a grant under this section may not use more than 10 percent of the funds
provided by the grant for the indirect costs of carrying out the initiatives
described in paragraph (1).
;
(2) in subsection
(h)(1)—
(A) in the heading of
such paragraph, by striking 2012 and
inserting 2018;
(B) in subparagraph
(A), by striking and at the end;
(C) in subparagraph
(B), by striking the period at the end and inserting ; and;
and
(D) by adding at the
end the following new subparagraph:
(C) $20,000,000 for each of fiscal years 2014
through 2018, to remain available until
expended.
;
and
(3) in subsection
(h)(2)—
(A) in the heading of
such paragraph, by striking 2012 and
inserting 2018; and
(B) by striking
2012 and inserting 2018.
7411.
Inclusion of
Northern Mariana Islands as a State under McIntire-Stennis Cooperative Forestry
Act
Section 8 of Public Law
87–788 (commonly known as the McIntire-Stennis Cooperative Forestry Act; 16
U.S.C. 582a–7) is amended by striking and Guam and inserting
Guam, and the Commonwealth of the Northern Mariana
Islands.
E
Food,
Conservation, and Energy Act of 2008
1
Agricultural
Security
7501.
Agricultural
biosecurity communication center
Section 14112(c) of the Food, Conservation,
and Energy Act of 2008 (7 U.S.C. 8912(c)) is amended to read as follows:
(c)
Authorization of
appropriations
There are
authorized to be appropriated to carry out this section—
(1) such sums as are necessary for each of
fiscal years 2008 through 2013; and
(2) $2,000,000 for
each of fiscal years 2014 through
2018.
.
7502.
Assistance to
build local capacity in agricultural biosecurity planning, preparation, and
response
Section 14113 of the
Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8913) is amended—
(1) in subsection (a)(2)—
(A) by striking
such sums as may be necessary; and
(B) by striking
subsection and all that follows and inserting the
following:
subsection—
(1) such sums as are necessary for each of
fiscal years 2008 through 2013; and
(2) $15,000,000 for each of fiscal years 2014
through 2018.
;
and
(2) in subsection
(b)(2), by striking is authorized to be appropriated to carry out this
subsection and all that follows and inserting the
following:
are authorized to be appropriated to
carry out this subsection—
(1) $25,000,000 for each of fiscal years 2008
through 2013; and
(2) $15,000,000 for
each of fiscal years 2014 through
2018.
.
7503.
Research and
development of agricultural countermeasures
Section 14121(b) of the Food, Conservation,
and Energy Act of 2008 (7 U.S.C. 8921(b)) is amended by striking is
authorized to be appropriated to carry out this section and all that
follows and inserting the following:
are
authorized to be appropriated to carry out this
section—
(1) $50,000,000 for each of fiscal years 2008
through 2013; and
(2) $15,000,000 for
each of fiscal years 2014 through
2018.
.
7504.
Agricultural
biosecurity grant program
Section 14122(e) of the Food, Conservation,
and Energy Act of 2008 (7 U.S.C. 8922(e)) is amended—
(1) by striking sums as are
necessary; and
(2) by striking
section and all that follows and inserting the
following:
section—
(1) such sums as are necessary for each of
fiscal years 2008 through 2013, to remain available until expended; and
(2) $5,000,000 for
each of fiscal years 2014 through 2018, to remain available until
expended.
.
2
Miscellaneous
7511.
Enhanced use
lease authority pilot program
Section 308 of the Federal Crop Insurance
Reform and Department of Agriculture Reorganization Act of 1994 (7 U.S.C.
3125a) is amended—
(1) in subsection
(b)(6)(A), by striking 5 years and inserting 10
years; and
(2) in subsection
(d)(2), by striking 1, 3, and 5 years and inserting 6, 8,
and 10 years.
7512.
Grazinglands
research laboratory
Section
7502 of the Food, Conservation, and Energy Act of 2008 (Public Law 110–246; 122
Stat. 2019) is amended by striking 5-year period and inserting
10-year period.
7513.
Budget
submission and funding
Section
7506 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 7614c) is
amended—
(1) by striking
subsection (a) and inserting the following new subsection:
(a)
Definitions
In this section:
(1)
Covered
program
The term covered program means—
(A) each research
program carried out by the Agricultural Research Service or the Economic
Research Service for which annual appropriations are requested in the annual
budget submission of the President; and
(B) each competitive program carried out by the
National Institute of Food and Agriculture for which annual appropriations are
requested in the annual budget submission of the President.
(2)
Request for
awards
The term request for awards means a funding
announcement published by the National Institute of Food and Agriculture that
provides detailed information on funding opportunities at the Institute,
including the purpose, eligibility, restriction, focus areas, evaluation
criteria, regulatory information, and instructions on how to apply for such
opportunities.
;
and
(2) by adding at the
end the following new subsections:
(e)
Additional
Presidential budget submission requirement
(1)
In
general
Each year, the
President shall submit to Congress, together with the annual budget submission
of the President, the information described in paragraph (2) for each funding
request for a covered program.
(2)
Information
described
The information
described in this paragraph includes—
(A) baseline information, including with
respect to each covered program—
(i) the funding level
for the program for the fiscal year preceding the year the annual budget
submission of the President is submitted;
(ii) the funding level requested in the annual
budget submission of the President, including any increase or decrease in the
funding level; and
(iii) an explanation justifying any change from
the funding level specified in clause (i) to the level specified in clause
(ii);
(B) with respect to each covered program that
is carried out by the Economic Research Service or the Agricultural Research
Service, the location and staff years of the program;
(C) the proposed funding levels to be allocated
to, and the expected publication date, scope, and allocation level for, each
request for awards to be published under or associated with—
(i) each priority area
specified in subsection (b)(2) of the Competitive, Special, and Facilities
Research Grant Act (7 U.S.C. 450i(b)(2));
(ii) each research and
extension project carried out under section 1621(a) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5811(a));
(iii) each grant to be awarded under section
1672B(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7
U.S.C. 5925b(a));
(iv) each grant
awarded under section 412(d) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7632(d)); and
(v) each grant awarded
under 7405(c)(1) of the Farm Security and Rural Investment Act of 2002 (7
U.S.C. 3319f(c)(1)); or
(D) any other
information the Secretary determines will increase congressional oversight with
respect to covered programs.
(3)
Prohibition
Unless the President submits the
information described in paragraph (2)(C) for a fiscal year, the President may
not carry out any program during the fiscal year that is authorized
under—
(A) subsection (b) of the Competitive, Special,
and Facilities Research Grant Act (7 U.S.C. 450i(b));
(B) section 1621 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5811);
(C) section 1672B of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5925b);
(D) section 412 of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7 U.S.C. 7632); or
(E) section 7405 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 3319f).
(f)
Report of the
Secretary of Agriculture
Each year on a date that is not later
than the date on which the President submits the annual budget, the Secretary
shall submit to Congress a report containing a description of the agricultural
research, extension, and education activities carried out by the Federal
Government during the fiscal year that immediately precedes the year for which
the report is submitted, including—
(1) a review of the
extent to which those activities—
(A) are duplicative or
overlap within the Department of Agriculture; or
(B) are similar to
activities carried out by—
(i) other Federal
agencies;
(ii) the States
(including the District of Columbia, the Commonwealth of Puerto Rico and other
territories or possessions of the United States);
(iii) institutions of
higher education (as defined in section 101 of the Higher Education Act of 1965
(20 U.S.C. 1001)); or
(iv) the private
sector; and
(2) for each report
submitted under this section on or after January 1, 2013, a 5-year projection
of national priorities with respect to agricultural research, extension, and
education, taking into account domestic
needs.
.
7514.
Repeal of
research and education grants for the study of antibiotic-resistant
bacteria
Effective October 1,
2013, section 7521 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C.
3202) is repealed.
7515.
Repeal of farm
and ranch stress assistance network
Effective October 1, 2013, section 7522 of
the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 5936) is
repealed.
7516.
Repeal of seed
distribution
Effective October
1, 2013, section 7523 of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 415–1) is repealed.
7517.
Natural
products research program
Section 7525(e) of the Food, Conservation,
and Energy Act of 2008 (7 U.S.C. 5937(e)) is amended to read as follows:
(e)
Authorization of
appropriations
There are authorized to be appropriated to carry
out this section $7,000,000 for each of fiscal years 2014 through
2018.
.
7518.
Sun grant
program
(a)
In
general
Section 7526 of the Food, Conservation, and Energy Act of
2008 (7 U.S.C. 8114) is amended—
(1) in subsection (a)(4)(B), by striking
the Department of Energy and inserting other appropriate
Federal agencies (as determined by the Secretary);
(2) in subsection
(c)(1)—
(A) in subparagraph (B), by striking
multistate and all that follows through the period and inserting
integrated, multistate research, extension, and education programs on
technology development and technology implementation.;
(B) by striking
subparagraph (C); and
(C) by redesignating
subparagraph (D) as subparagraph (C);
(3) in subsection
(d)—
(A) in paragraph
(1)—
(i) by striking in accordance with
paragraph (2);
(ii) by
striking gasification and inserting bioproducts;
and
(iii) by
striking the Department of Energy and inserting other
appropriate Federal agencies;
(B) by striking
paragraph (2); and
(C) by redesignating
paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and
(4) in subsection (g), by striking
2012 and inserting 2018.
(b)
Conforming
amendments
Section 7526(f)(1)
of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8114(f)(1)) is
amended by striking subsection (c)(1)(D)(i) and inserting
subsection (c)(1)(C)(i).
7519.
Repeal of
study and report on food deserts
Effective October 1, 2013, section 7527 of
the Food, Conservation, and Energy Act of 2008 (Public Law 110–246; 122 Stat.
2039) is repealed.
7520.
Repeal of
agricultural and rural transportation research and education
Effective October 1, 2013, section 7529 of
the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 5938) is
repealed.
F
Miscellaneous
provisions
7601.
Agreements
with nonprofit organizations for National Arboretum
Section 6 of the Act of March 4, 1927 (20
U.S.C. 196), is amended—
(1) in subsection (a),
by striking paragraph (1) and inserting the following new paragraph:
(1) negotiate agreements for the National
Arboretum with nonprofit scientific or educational organizations, the interests
of which are complementary to the mission of the National Arboretum, or
nonprofit organizations that support the purpose of the National Arboretum,
except that the net proceeds of the organizations from the agreements shall be
used exclusively for research and educational work for the benefit of the
National Arboretum and the operation and maintenance of the facilities of the
National Arboretum, including enhancements, upgrades, restoration, and
conservation;
;
and
(2) by adding at the
end the following new subsection:
(d)
Recognition of
donors
A non-profit
organization that entered into an agreement under subsection (a)(1) may
recognize donors if that recognition is approved in advance by the Secretary.
In considering whether to approve such recognition, the Secretary shall broadly
exercise the discretion of the Secretary to the fullest extent allowed under
Federal law in effect on the date of the enactment of this subsection.
.
7602.
Cotton Disease
Research Report
Not later than
180 days after the date of the enactment of this Act, the Secretary shall
submit to Congress a report on the fungus fusarium oxysporum f. sp. vasinfectum
race 4 (referred to in this section as FOV Race 4) and the
impact of such fungus on cotton, including—
(1) an overview of the threat FOV Race 4 poses
to the cotton industry in the United States;
(2) the status and progress of Federal research
initiatives to detect, contain, or eradicate FOV Race 4, including current FOV
Race 4-specific research projects; and
(3) a comprehensive strategy to combat FOV Race
4 that establishes—
(A) detection and identification goals;
(B) containment goals;
(C) eradication goals;
and
(D) a plan to partner
with the cotton industry in the United States to maximize resources,
information sharing, and research responsiveness and effectiveness.
7603.
Acceptance of
facility for Agricultural Research Service
(a)
Construction
authorized
Subject to
subsections (b) and (c), the Secretary of Agriculture may authorize a
non-Federal entity to construct, at no cost and without obligation to the
Federal Government, a facility for use by the Agricultural Research Service on
land owned by the Agricultural Research Service and managed by the
Secretary.
(b)
Acceptance of
gift
(1)
In
general
Subject to paragraph
(2), upon the completion of the construction of the facility by the non-Federal
entity under subsection (a), the Secretary shall accept the facility as a gift
in accordance with Public Law 95–442 (7 U.S.C. 2269).
(2)
Certification
The Secretary, in consultation with the
Director of the Office of Management and Budget, shall certify in advance that
the acceptance under paragraph (1) complies with the limitations specified in
paragraphs (1) and (2) of subsection (c).
(c)
Limitations
(1)
Value
The Secretary may not accept a facility as
a gift under this section if the fair market value of the facility is more than
$5,000,000.
(2)
No Federal
cost
The Secretary shall not
enter into any acquisitions, demonstrations, exchanges, grants, contracts,
incentives, leases, procurements, sales, or other transaction authorities or
arrangements that would obligate future appropriations with respect to the
facility constructed under subsection (a).
(d)
Termination of
authority
No facility may be
accepted by the Secretary for use by the Agricultural Research Service under
this section after September 30, 2018.
7604.
Miscellaneous
technical corrections
Sections
7408 and 7409 of the Food, Conservation, and Energy Act of 2008 (Public Law
110–246; 122 Stat. 2013) are both amended by striking Title III of the
Department of Agriculture Reorganization Act of 1994 and inserting
Title III of the Federal Crop Insurance Reform and Department of
Agriculture Reorganization Act of 1994.
VIII
Forestry
A
Repeal of Certain
Forestry Programs
8001.
Forest land
enhancement program
(a)
Repeal
Section 4 of the Cooperative Forestry
Assistance Act of 1978 (16 U.S.C. 2103) is repealed.
(b)
Conforming
amendment
Section 8002 of the
Farm Security and Rural Investment Act of 2002 (Public Law 107–171; 16 U.S.C.
2103 note) is amended by striking subsection (a).
(c)
Effective
date
The amendments made by
this section shall take effect on October 1, 2013.
8002.
Watershed forestry
assistance program
(a)
Repeal
Section 6 of the Cooperative Forestry
Assistance Act of 1978 (16 U.S.C. 2103b) is repealed.
(b)
Effective
date
The amendment made by
this section shall take effect on October 1, 2013.
8003.
Expired cooperative
national forest products marketing program
Section 18 of the Cooperative Forestry
Assistance Act of 1978 (16 U.S.C. 2112) is repealed.
8004.
Hispanic-serving
institution agricultural land national resources leadership program
(a)
Repeal
Section 8402 of the Food, Conservation, and
Energy Act of 2008 (16 U.S.C. 1649a) is repealed.
(b)
Effective
date
The amendment made by
this section shall take effect on October 1, 2013.
8005.
Tribal watershed
forestry assistance program
(a)
Repeal
Section 303 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6542) is repealed.
(b)
Effective
date
The amendment made by
this section shall take effect on October 1, 2013.
8006.
Separate
Forest Service decisionmaking and appeals process
Section 322 of the Department of the
Interior and Related Agencies Appropriations Act, 1993 (Public Law 102–381; 16
U.S.C. 1612 note) is repealed. Section 428 of division E of the Consolidated
Appropriations Act, 2012 (Public Law 112–74; 125 Stat. 1046; 16 U.S.C. 6515
note) shall not apply to any project or activity implementing a land and
resource management plan developed under section 6 of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C. 1604) that is categorically
excluded from documentation in an environmental assessment or an environmental
impact statement under the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
B
Reauthorization of
Cooperative Forestry Assistance Act of 1978 Programs
8101.
State-wide
assessment and strategies for forest resources
Section 2A(c) of the Cooperative Forestry
Assistance Act of 1978 (16 U.S.C. 2101a(c)) is amended—
(1) in paragraph (4),
by striking and;
(2) by redesignating
paragraph (5) as paragraph (6); and
(3) by inserting after
paragraph (4) the following new paragraph:
(5) as feasible, appropriate military
installations where the voluntary participation and management of private or
State-owned or other public forestland is able to support, promote, and
contribute to the missions of such installations;
and
.
8102.
Forest Legacy
Program
Subsection (m) of
section 7 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2103c)
is amended to read as follows:
(m)
Authorization of
appropriations
To carry out
this section, there are authorized to be appropriated—
(1) such sums as are necessary for fiscal year
2013; and
(2) $55,000,000 for each of fiscal years 2014
through
2018.
.
8103.
Community forest
and open space conservation program
Subsection (g) of section 7A of the
Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2103d) is amended to
read as follows:
(g)
Authorization of
appropriations
To carry out
this section, there are authorized to be appropriated—
(1) such sums as are necessary for fiscal year
2013; and
(2) $1,500,000 for each of fiscal years 2014
through
2018.
.
C
Reauthorization of
Other Forestry-Related Laws
8201.
Rural
revitalization technologies
Section 2371(d)(2) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 6601(d)(2)) is amended by
striking 2012 and inserting 2018.
8202.
Office of
International Forestry
Subsection (d) of section 2405 of the Global
Climate Change Prevention Act of 1990 (7 U.S.C. 6704) is amended to read as
follows:
(d)
Authorization of
appropriations
To carry out
this section, there are authorized to be appropriated—
(1) such sums as are necessary for each of
fiscal years 1996 through 2013; and
(2) $6,000,000 for each of fiscal years 2014
through
2018.
.
8203.
Change in funding
source for healthy forests reserve program
Section 508 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6578) is amended—
(1) in subsection (a),
by striking In
general and inserting Fiscal years 2009 through
2013;
(2) by redesignating
subsection (b) as subsection (d); and
(3) by inserting after subsection (a) the
following new subsections:
(b)
Fiscal years
2014 through 2018
There is
authorized to be appropriated to the Secretary of Agriculture to carry out this
section $9,750,000 for each of fiscal years 2014 through 2018.
(c)
Additional
source of funds
In addition
to funds appropriated pursuant to the authorization of appropriations in
subsection (b) for a fiscal year, the Secretary may use such amount of the
funds appropriated for that fiscal year to carry out the Soil Conservation and
Domestic Allotment Act (16 U.S.C. 590a et seq.) as the Secretary determines
necessary to cover the cost of technical assistance, management, and
enforcement responsibilities for land enrolled in the healthy forests reserve
program pursuant to subsections (a) and (b) of section
504.
.
8204.
Stewardship end
result contracting project authority
Section 347 of the Department of the
Interior and Related Agencies Appropriations Act, 1999 (as contained in section
101(e) of division A of Public Law 105–277; 16 U.S.C. 2104 note) is
amended—
(1) in subsection (a),
by striking 2013 and inserting 2018; and
(2) in subsection (c),
by adding at the end the following new paragraph:
(6)
Contract for
sale of property
At the
discretion of the Secretary of Agriculture, a contract entered into by the
Forest Service under this section may be considered a contract for the sale of
property under such terms as the Secretary may prescribe without regard to any
other provision of
law.
.
D
National Forest
Critical Area Response
8301.
Definitions
In this title:
(1)
Critical
area
The term critical area means an area of the
National Forest System designated by the Secretary under section 8302
(2)
National forest
system
The term
National Forest System has the meaning given that term in
section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C. 1609(a)).
(3)
Secretary
The
term Secretary means the Secretary of Agriculture.
8302.
Designation of
critical areas
(a)
Designation
requirements
The Secretary of
Agriculture shall designate critical areas within the National Forest System
for the purposes of addressing—
(1) deteriorating
forest health conditions in existence as of the date of the enactment of this
Act due to insect infestation, drought, disease, or storm damage; and
(2) the future risk of
insect infestations or disease outbreaks through preventative
treatments.
(b)
Designation
method
In considering
National Forest System land for designation as a critical area, the Secretary
shall use—
(1) for purposes of
subsection (a)(1), the most recent annual forest health aerial surveys of
mortality and defoliation; and
(2) for purposes of subsection (a)(2), the
National Insect and Disease Risk Map.
(c)
Time for initial
designations
The first
critical areas shall be designated by the Secretary not later than 60 days
after the date of the enactment of this Act.
(d)
Duration of
designation
The designation of a critical area shall expire not
later than 10 years after the date of the designation.
8303.
Application of
expedited procedures and activities of the Healthy Forests Restoration Act of
2003 to critical areas
(a)
Applicability
Subject to subsections (b) through (e),
title I of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511 et seq.)
(including the environmental analysis requirements of section 104 of that Act
(16 U.S.C. 6514), the special administrative review process under section 105
of that Act (16 U.S.C. 6515), and the judicial review process under section 106
of that Act (16 U.S.C. 6516)), shall apply to all Forest Service projects and
activities carried out in a critical area.
(b)
Application of
other law
Section 322 of
Public Law 102–381 (16 U.S.C. 1612 note; 106 Stat. 1419) shall not apply to
projects conducted in accordance with this section.
(c)
Required
modifications
In applying
title I of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511 et seq.)
to Forest Service projects and activities in a critical area, the Secretary
shall make the following modifications:
(1) The authority shall apply to the entire
critical area, including land that is outside of a wildland-urban interface
area or that does not satisfy any of the other eligibility criteria specified
in section 102(a) of that Act (16 U.S.C. 6512(a)).
(2) All projects and activities of the Forest
Service, including necessary connected actions (as described in section
1508.25(a)(1) of title 40, Code of Federal Regulations (or a successor
regulation)), shall be considered to be authorized hazardous fuel reduction
projects for purposes of applying the title.
(d)
Smaller
projects
(1)
In
general
Except as provided in paragraph (2), a project conducted
in a critical area in accordance with this section that comprises less than
10,000 acres shall be—
(A) considered an
action categorically excluded from the requirements for an environmental
assessment or an environmental impact statement under section 1508.4 of title
40, Code of Federal Regulations (or a successor regulation); and
(B) exempt from the special administrative
review process under section 105 of the Healthy Forests Restoration Act of 2003
(16 U.S.C. 6515).
(2)
Exclusion of
certain areas
Paragraph (1) does not apply to—
(A) a component of the
National Wilderness Preservation System;
(B) any Federal land
on which, by Act of Congress or Presidential proclamation, the removal of
vegetation is restricted or prohibited;
(C) a congressionally
designated wilderness study area; or
(D) an area in which
activities under paragraph (1) would be inconsistent with the applicable land
and resource management plan.
(e)
Forest
Management Plans
All projects
and activities carried out in a critical area pursuant to this subtitle shall
be consistent with the land and resource management plan established under
section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974
(16 U.S.C. 1604) for the unit of the National Forest System containing the
critical area.
8304.
Good neighbor
authority
(a)
Definitions
In
this section:
(1)
Eligible
State
The term eligible State means a State that
contains National Forest System land.
(2)
Secretary
The
term Secretary means the Secretary of Agriculture.
(3)
State
forester
The term State forester means the head of a
State agency with jurisdiction over State forestry programs in an eligible
State.
(b)
Cooperative
agreements and contracts
(1)
In
general
The Secretary may enter into a cooperative agreement or
contract (including a sole source contract) with a State forester to authorize
the State forester to provide the forest, rangeland, and watershed restoration
and protection services described in paragraph (2) on National Forest System
land in the eligible State.
(2)
Authorized
services
The forest, rangeland, and watershed restoration and
protection services referred to in paragraph (1) include the conduct of—
(A) activities to
treat insect infected trees;
(B) activities to
reduce hazardous fuels; and
(C) any other
activities to restore or improve forest, rangeland, and watershed health,
including fish and wildlife habitat.
(3)
State as
agent
Except as provided in paragraph (6), a cooperative
agreement or contract entered into under paragraph (1) may authorize the State
forester to serve as the agent for the Secretary in providing the restoration
and protection services authorized under that paragraph.
(4)
Subcontracts
In
accordance with applicable contract procedures for the eligible State, a State
forester may enter into subcontracts to provide the restoration and protection
services authorized under a cooperative agreement or contract entered into
under paragraph (1).
(5)
Timber
sales
Subsections (d) and (g) of section 14 of the National
Forest Management Act of 1976 (16 U.S.C. 472a) shall not apply to services
performed under a cooperative agreement or contract entered into under
paragraph (1).
(6)
Retention of
NEPA responsibilities
Any decision required to be made under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect
to any restoration and protection services to be provided under this section by
a State forester on National Forest System land shall not be delegated to a
State forester or any other officer or employee of the eligible State.
(7)
Applicable
law
The restoration and protection services to be provided under
this section shall be carried out on a project-to-project basis under existing
authorities of the Forest Service.
E
Miscellaneous
Provisions
8401.
Revision of
strategic plan for forest inventory and analysis
(a)
Revision
required
Not later than 180
days after the date of the enactment of this Act, the Secretary of Agriculture
shall revise the strategic plan for forest inventory and analysis initially
prepared pursuant to section 3(e) of the Forest and Rangeland Renewable
Resources Research Act of 1978 (16 U.S.C. 1642(e)) to address the requirements
imposed by subsection (b).
(b)
Elements of
revised strategic plan
In
revising the strategic plan, the Secretary of Agriculture shall describe in
detail the organization, procedures, and funding needed to achieve each of the
following:
(1) Complete the
transition to a fully annualized forest inventory program and include inventory
and analysis of interior Alaska.
(2) Implement an
annualized inventory of trees in urban settings, including the status and
trends of trees and forests, and assessments of their ecosystem services,
values, health, and risk to pests and diseases.
(3) Report information
on renewable biomass supplies and carbon stocks at the local, State, regional,
and national level, including by ownership type.
(4) Engage State foresters and other users of
information from the forest inventory and analysis in reevaluating the list of
core data variables collected on forest inventory and analysis plots with an
emphasis on demonstrated need.
(5) Improve the
timeliness of the timber product output program and accessibility of the
annualized information on that database.
(6) Foster greater cooperation among the forest
inventory and analysis program, research station leaders, and State foresters
and other users of information from the forest inventory and analysis.
(7) Promote
availability of and access to non-Federal resources to improve information
analysis and information management.
(8) Collaborate with the Natural Resources
Conservation Service, National Aeronautics and Space Administration, National
Oceanic and Atmospheric Administration, and United States Geological Survey to
integrate remote sensing, spatial analysis techniques, and other new
technologies in the forest inventory and analysis program.
(9) Understand and
report on changes in land cover and use.
(10) Expand existing programs to promote
sustainable forest stewardship through increased understanding, in partnership
with other Federal agencies, of the over 10 million family forest owners, their
demographics, and the barriers to forest stewardship.
(11) Implement
procedures to improve the statistical precision of estimates at the sub-State
level.
(c)
Submission of
revised strategic plan
The
Secretary of Agriculture shall submit the revised strategic plan to the
Committee on Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate.
8402.
Forest Service
participation in ACES Program
The Secretary of Agriculture, acting through
the Chief of the Forest Service, may use funds derived from
conservation-related programs executed on National Forest System lands to
utilize the Agriculture Conservation Experienced Services Program established
pursuant to section 1252 of the Food Security Act of 1985 (16 U.S.C. 3851) to
provide technical services for conservation-related programs and authorities
carried out by the Secretary on National Forest System lands.
IX
Energy
9001.
Definition of
renewable energy system
Section 9001 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8101) is amended by—
(1) striking paragraph (4) and inserting the
following new paragraph:
(4)
Biobased
product
(A)
In
general
The term biobased product means a product
determined by the Secretary to be a commercial or industrial product (other
than food or feed) that is—
(i) composed, in whole
or in significant part, of biological products, including renewable domestic
agricultural materials and forestry materials; or
(ii) an intermediate
ingredient or feedstock.
(B)
Inclusion
The
term biobased product, with respect to forestry materials,
includes forest products that meet biobased content requirements,
notwithstanding the market share the product holds, the age of the product, or
whether the market for the product is new or
emerging.
;
(2) redesignating
paragraphs (9), (10), (11), (12), (13), and (14) as paragraphs (10), (11),
(12), (13), (14), and (16);
(3) inserting after
paragraph (8), the following new paragraph:
(9)
Forest
product
(A)
In
general
The term forest product means a product made
from materials derived from the practice of forestry or the management of
growing timber.
(B)
Inclusions
The
term forest product includes—
(i) pulp, paper,
paperboard, pellets, lumber, and other wood products; and
(ii) any recycled
products derived from forest materials.
;
and
(4) inserting after
paragraph (14) (as so redesignated), the following new paragraph:
(15)
Renewable
energy system
(A)
In
general
Subject to subparagraph (B), the term renewable
energy system means a system that—
(i) produces usable
energy from a renewable energy source; and
(ii) may include distribution components
necessary to move energy produced by such system to the initial point of
sale.
(B)
Limitation
A system described in subparagraph (A) may
not include a mechanism for dispensing energy at
retail.
.
9002.
Biobased markets
program
Section 9002(h) of the
Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8102(h)) is amended
by—
(1) striking
(h)
Funding.— and all that follows
through to carry out this section, there and inserting
(h)
Funding.—There; and
(2) striking
2013 and inserting 2018.
9003.
Biorefinery
Assistance
(a)
Program
adjustments
Section 9003 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8103) is amended—
(1) in subsection (c),
by striking to eligible entities and all that follows through
guarantees for loans and inserting to eligible entities
guarantees for loans;
(2) by striking
subsection (d);
(3) by redesignating
subsections (e), (f), (g), and (h) as subsections (d), (e), (f), and (g),
respectively; and
(4) in subsection (d)
(as so redesignated)—
(A) by striking
subsection (c)(2) each place it appears and inserting
subsection (c); and
(B) in paragraph
(2)(C), by striking subsection (h) and inserting
subsection (g).
(b)
Funding
Section
9003(g) of the Farm Security and Rural Investment Act of 2002, as redesignated
by subsection (a)(3), is amended—
(1) by striking
paragraph (1);
(2) by redesignating
paragraph (2) as paragraph (1);
(3) in paragraph (1)
(as so redesignated)—
(A) in the heading, by
striking Discretionary
funding and inserting Fiscal years
2009 through
2013; and
(B) by striking
In addition to any other funds made available to carry out this section,
there and inserting There; and
(4) by adding at the
end the following new paragraph:
(2)
Fiscal years
2014 through
2018
There are authorized to be appropriated to
carry out this section $75,000,000 for each of fiscal years 2014 through
2018.
.
9004.
Repowering
assistance program
Section
9004(d) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
8104(d)) is amended—
(1) by striking
paragraph (1);
(2) by redesignating
paragraph (2) as paragraph (1);
(3) in paragraph (1)
(as so redesignated)—
(A) in the heading, by
striking Discretionary
funding and inserting Fiscal years
2009 through
2013; and
(B) by striking
In addition to any other funds made available to carry out this section,
there and inserting There; and
(4) by adding at the
end the following new paragraph:
(2)
Fiscal years
2014 through
2018
There are authorized to be appropriated to
carry out this section $10,000,000 for each of fiscal years 2014 through
2018.
.
9005.
Bioenergy Program
for Advanced Biofuels
Section
9005(g) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
8105(c)) is amended—
(1) by striking
paragraph (1);
(2) by redesignating
paragraph (2) as paragraph (1);
(3) in paragraph (1)
(as so redesignated)—
(A) in the heading, by
striking Discretionary
funding and inserting Fiscal years
2009 through
2013; and
(B) by striking
In addition to any other funds made available to carry out this section,
there and inserting There; and
(4) by inserting after
paragraph (1) (as so redesignated) the following new paragraph:
(2)
Fiscal years
2014 through
2018
There are authorized to be appropriated to
carry out this section $50,000,000 for each of fiscal years 2014 through
2018.
.
9006.
Biodiesel Fuel
Education Program
Section
9006(d) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
8106(d)) is amended—
(1) by striking
paragraph (1);
(2) by redesignating
paragraph (2) as paragraph (1);
(3) in the heading of
paragraph (1) (as so redesignated), by striking Authorization of
appropriations and inserting Fiscal year
2013; and
(4) by adding at the
end the following new paragraph:
(2)
Fiscal years
2014 through
2018
There are authorized to be appropriated to
carry out this section $2,000,000 for each of fiscal years 2014 through
2018.
.
9007.
Rural Energy for
America Program
(a)
Program
adjustments
(1)
Repeal of
feasibility studies
Section 9007(c) of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 8107(c)) is amended by striking
paragraph (3).
(2)
Tiered
application process
Section 9007(c) of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 8107(c)) is further amended by—
(A) redesignating
paragraph (2) as paragraph (3); and
(B) by inserting after
paragraph (1) the following new paragraph:
(2)
Tiered
application process
In
carrying out this subsection, the Secretary shall establish a three-tiered
application, evaluation, and oversight process that varies based on the cost of
the proposed project with the process most simplified for projects referred to
in subparagraph (A), more comprehensive for projects referred to in
subparagraph (B), and most comprehensive for projects referred to in
subparagraph (C). The three tiers for such process shall be as follows:
(A)
Tier
1
Projects for which the cost of the project funded under this
subsection is not more than $80,000.
(B)
Tier
2
Projects for which the cost of the project funded under this
subsection is more than $80,000 but less than $200,000.
(C)
Tier
3
Projects for which the cost of the project funded under this
subsection is $200,000 or
more.
.
(b)
Funding
Section 9007(g) of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 8107(g)) is amended—
(1) by striking
paragraphs (1) and (2);
(2) by redesignating
paragraph (3) as paragraph (1);
(3) in paragraph (1)
(as so redesignated)—
(A) in the heading, by
striking Discretionary
funding and inserting Fiscal years
2009 through
2013; and
(B) by striking
In addition to any other funds made available to carry out this section,
there and inserting There; and
(4) by adding at the
end the following new paragraph:
(2)
Fiscal years
2014 through
2018
There are authorized to be appropriated to
carry out this section $45,000,000 for each of fiscal years 2014 through
2018.
.
9008.
Biomass Research
and Development
Section
9008(h) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
8108(h)) is amended—
(1) by striking
paragraph (1);
(2) by redesignating
paragraph (2) as paragraph (1);
(3) in paragraph (1)
(as so redesignated)—
(A) in the heading, by
striking Discretionary
funding and inserting Fiscal years
2009 through
2013; and
(B) by striking
In addition to any other funds made available to carry out this section,
there and inserting There; and
(4) by adding at the
end the following new paragraph:
(2)
Fiscal years
2014 through
2018
There are authorized to be appropriated to
carry out this section $20,000,000 for each of fiscal years 2014 through
2018.
.
9009.
Feedstock
Flexibility Program for Bioenergy Producers
Section 9010(b) of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 8110(b)) is amended—
(1) in paragraph
(1)(A), by striking 2013 and inserting 2018;
and
(2) in paragraph
(2)(A), by striking 2013 and inserting
2018.
9010.
Biomass Crop
Assistance Program
Section
9011 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8111) is
amended—
(1) in subsection
(a)—
(A) by striking
paragraph (6); and
(B) by redesignating
paragraphs (7) and (8) as paragraphs (6) and (7), respectively;
(2) in subsection
(b)—
(A) by striking
Program to and all that follows through support the
establishment and inserting Program to support the
establishment;
(B) by striking ; and and
inserting a period; and
(C) by striking
paragraph (2);
(3) in subsection (c)—
(A) in paragraph
(2)(B)—
(i) in clause (viii), by striking ;
and and inserting a semicolon;
(ii) by
redesignating clause (ix) as clause (x); and
(iii) by
inserting after clause (viii) the following new clause:
(ix) existing project areas that have received
funding under this section and the continuation of funding of such project
areas to advance the maturity of such project areas;
and
;
and
(B) in paragraph
(5)(C)(ii)—
(i) by
striking subclause (III); and
(ii) by
redesignating subclauses (IV) and (V) as subclauses (III) and (IV),
respectively;
(4) by striking
subsection (d);
(5) by redesignating
subsections (e) and (f) as subsections (d) and (e), respectively; and
(6) in subsection (e)
(as so redesignated)—
(A) by striking paragraph (1);
(B) by redesignating
paragraph (2) as paragraph (1);
(C) in paragraph (1)
(as so redesignated)—
(i) by
striking Fiscal year
2013 and all that
follows through There is authorized and inserting
Fiscal year
2013.—There is
authorized; and
(ii) by
redesignating subparagraph (B) as paragraph (3) and moving the margin of such
paragraph (as so redesignated) two ems to the left;
(D) by inserting after
paragraph (1), the following new paragraph:
(2)
Fiscal years
2014 through
2018
There are authorized to be appropriated to
carry out this section $75,000,000 for each of fiscal years 2014 through
2018.
;
and
(E) in paragraph (3)
(as redesignated by subparagraph (C)(ii) of this paragraph), by striking
this paragraph and inserting this
subsection.
9011.
Community wood
energy program
Section 9013(e)
of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8113(e)) is
amended by striking carry out this section and all that follows
and inserting the following:
carry out this
section—
(1) $5,000,000 for each of fiscal years 2009
through 2013; and
(2) $2,000,000 for
each of fiscal years 2014 through
2018.
.
9012.
Repeal of biofuels
infrastructure study
Section
9002 of the Food, Conservation, and Energy Act of 2008 (Public Law 110–246; 122
Stat. 2095) is repealed.
9013.
Repeal of renewable
fertilizer study
Section 9003
of the Food, Conservation, and Energy Act of 2008 (Public Law 110–246; 122
Stat. 2096) is repealed.
X
Horticulture
10001.
Specialty
crops market news allocation
Section 10107(b) of the Food, Conservation,
and Energy Act of 2008 (7 U.S.C. 1622b(b)) is amended by striking
2012 and inserting 2018.
10002.
Repeal of
grant program to improve movement of specialty crops
Effective October 1, 2013, section 10403 of
the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 1622c) is
repealed.
10003.
Farmers
market and local food promotion program
Section 6 of the Farmer-to-Consumer Direct
Marketing Act of 1976 (7 U.S.C. 3005) is amended—
(1) in the heading of such section, by
inserting and Local
Food after Farmers’ Market;
(2) in subsection
(a)—
(A) by inserting
and Local Food after Farmers’ Market;
(B) by striking
farmers’ markets and to promote; and
(C) by striking the
period and inserting and assist in the development of local food
business enterprises.;
(3) by striking
subsection (b) and inserting the following new subsection:
(b)
Program
purposes
The purposes of the
Program are to increase domestic consumption of, and consumer access to,
locally and regionally produced agricultural products by assisting in the
development, improvement, and expansion of—
(1) domestic farmers’
markets, roadside stands, community-supported agriculture programs, agritourism
activities, and other direct producer-to-consumer market opportunities;
and
(2) local and regional food business
enterprises that process, distribute, aggregate, and store locally or
regionally produced food
products.
;
(4) in subsection
(c)(1)—
(A) by inserting
or other agricultural business entity after
cooperative; and
(B) by inserting
, including a community supported agriculture network or
association after association;
(5) by redesignating
subsection (e) as subsection (f);
(6) by inserting after
subsection (d) the following new subsection:
(e)
Funds
requirements for eligible entities
(1)
Matching
funds
An entity receiving a grant under this section for a
project to carry out a purpose described in subsection (b)(2) shall provide
matching funds in the form of cash or an in-kind contribution in an amount
equal to 25 percent of the total cost of such project.
(2)
Limitation on
use of funds
An eligible entity may not use a grant or other
assistance provided under this section for the purchase, construction, or
rehabilitation of a building or
structure.
;
and
(7) in subsection (f)
(as redesignated by paragraph (5))—
(A) in paragraph
(1)—
(i) in
subparagraph (B), by striking and at the end;
(ii) in
subparagraph (C), by striking the period at the end and inserting ;
and; and
(iii) by
adding at the end the following new subparagraph:
(D) $30,000,000 for each of fiscal years 2014
through
2018.
;
(B) by striking
paragraphs (3) and (5);
(C) by redesignating
paragraph (4) as paragraph (6); and
(D) by inserting after
paragraph (2) the following new paragraphs:
(3)
Authorization of
appropriations
There are
authorized to be appropriated to carry out this section $10,000,000 for each of
fiscal years 2014 through 2018.
(4)
Use of
funds
Of the funds made available to carry out this section for a
fiscal year, 50 percent of such funds shall be used for the purposes described
in paragraph (1) of subsection (b) and 50 percent of such funds shall be used
for the purposes described in paragraph (2) of such subsection.
(5)
Limitation on
administrative expenses
Not
more than 3 percent of the total amount made available to carry out this
section for a fiscal year may be used for administrative
expenses.
.
10004.
Organic
agriculture
(a)
Organic
production and market data initiatives
Section 7407(d)(2) of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 5925c(d)) is amended—
(1) in the heading of
such paragraph, by striking 2012 and
inserting 2018;
and
(2) by striking
2012 and inserting 2018.
(b)
Modernization
and technology upgrade for national organic program
Section 2122 of the Organic Foods
Production Act of 1990 (7 U.S.C. 6521) is amended by adding at the end the
following new subsection:
(c)
Modernization
and technology upgrade for national organic program
The Secretary shall modernize database and
technology systems of the national organic
program.
.
(c)
Authorization of
appropriations for national organic program
Effective October 1,
2013, section 2123(b)(6) of the Organic Foods Production Act of 1990 (7 U.S.C.
6522(b)(6)) is amended to read as follows:
(6) $11,000,000 for each of fiscal years 2014
through
2018.
.
(d)
National organic
certification cost-Share program
Effective October 1, 2013, section 10606 of
the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 6523) is
repealed.
10005.
Investigations
and enforcement of the Organic Foods Production Act of
1990
The Organic Foods Production Act of 1990 is
amended by inserting after section 2122 (7 U.S.C. 6521) the following new
section:
2122A.
Investigation
and enforcement
(a)
Expedited
administrative hearing
The
Secretary shall establish an expedited administrative hearing procedure under
which the Secretary may suspend or revoke the organic certification of a
producer or handler or the accreditation of a certifying agent in accordance
with subsection (d). Such a hearing may be conducted in addition to a hearing
conducted pursuant to section 2120.
(b)
Investigation
(1)
In
general
The Secretary may take such investigative actions as the
Secretary considers to be necessary to carry out this title—
(A) to verify the
accuracy of any information reported or made available under this title;
and
(B) to determine, with regard to actions,
practices, or information required under this title, whether a person covered
by this title has committed a violation of this title.
(2)
Investigative
powers
The Secretary may administer oaths and affirmations,
subpoena witnesses, compel attendance of witnesses, take evidence, and require
the production of any records required to be maintained under section 2112(d)
or 2116(c) that are relevant to the investigation.
(c)
Unlawful
Act
It shall be unlawful and a violation of this title for any
person covered by this title—
(1) to refuse to
provide information required by the Secretary under this title; or
(2) to violate—
(A) a suspension or
revocation of the organic certification of a producer or handler; or
(B) a suspension or
revocation of the accreditation of a certifying agent.
(d)
Enforcement
(1)
Suspension
(A)
In
general
The Secretary may,
after notice and opportunity for an expedited administrative hearing, suspend
the organic certification of a producer, handler or the accreditation of a
certifying agent if—
(i) the Secretary, during such expedited
administrative hearing, proved that—
(I) in the case of a producer or handler, the
producer or handler—
(aa) has
recklessly committed a violation of a term, condition, or requirement of the
organic plan to which the producer or handler is subject; or
(bb) has recklessly committed, or is recklessly
committing, a violation of this title; or
(II) in the case of a certifying agent, the
agent has recklessly committed, or is recklessly committing, a violation of
this title; or
(ii) the producer,
handler, or certifying agent has waived such expedited administrative hearing.
(B)
Issuance of
suspension
A suspension
issued under this paragraph shall be issued not later than five days after the
date on which—
(i) the expedited administrative hearing
referred to in clause (i) of subparagraph (A) concludes; or
(ii) the Secretary
receives notice of the waiver referred to in clause (ii) of such
subparagraph.
(C)
Duration of
suspension
The period of a
suspension issued under this paragraph shall be not more than 90 days,
beginning on the date on which the Secretary issues the suspension.
(D)
Curing of
violations
(i)
In
general
The Secretary may not
issue a suspension of a certification or accreditation under this paragraph if
the producer, handler, or certifying agent subject to such suspension—
(I) before the date on
which the suspension would otherwise have been issued, cures, or corrects the
deficiency giving rise to, the violation for which the certification or
accreditation would have been suspended; or
(II) within a reasonable timeframe (as
determined by the Secretary), enters into a settlement with the Secretary
regarding a deficiency referred to in subclause (I).
(ii)
During
suspension
The Secretary shall terminate the suspension of an
organic certification or accreditation issued under this paragraph if the
producer, handler, or certifying agent subject to such suspension cures the
violation for which the certification or accreditation was suspended under such
subparagraph before the date on which the period of the suspension ends.
(2)
Revocation
(A)
In
general
The Secretary may,
after notice and opportunity for an expedited administrative hearing under this
section and an expedited administrative appeal under section 2121, revoke the
organic certification of a producer or handler, or the accreditation of a
certifying agent if—
(i) the Secretary, during such hearing, proved
that—
(I) in the case of a
producer or handler, the producer or handler—
(aa) has knowingly committed an egregious
violation of a term, condition, or requirement of the organic plan to which the
producer or handler is subject; or
(bb) has knowingly committed, or is knowingly
committing, an egregious violation of this title; or
(II) in the case of a certifying agent, the
agent has knowingly committed, or is knowingly committing, an egregious
violation of this title; or
(ii) the producer, handler, or certifying agent
has waived such expedited administrative hearing and such an expedited
administrative appeal.
(B)
Initiation of
revocation proceedings
(i)
In
general
If the Secretary finds, during an investigation or during
the period of a suspension under paragraph (1), that a producer, handler, or
certifying agent has knowingly committed an egregious violation of this title,
the Secretary shall initiate revocation proceedings with respect to such
violation not later than 30 days after the date on which the producer, handler,
or certifying agent receives notice of such finding in accordance with clause
(ii). The Secretary may not initiate revocation proceedings with respect to
such violation after the date on which that 30-day period ends.
(ii)
Notice
Not later than five days after the date on
which the Secretary makes the finding described in clause (i), the Secretary
shall provide to the producer, handler, or certifying agent notice of such
finding.
(e)
Appeal
(1)
Suspensions
(A)
In
general
The suspension of a
certification or accreditation under subsection (d)(1) by the Secretary may be
appealed to a United States district court in accordance with section 2121(b)
not later than 30 business days after the date on which the person subject to
such suspension receives notice of the suspension.
(B)
Suspension final
and conclusive
A suspension
of a certification or accreditation under subsection (d)(1) by the Secretary
shall be final and conclusive—
(i) in the case of a suspension that is
appealed under subparagraph (A) within the 30-day period specified in such
subparagraph, on the date on which judicial review of such suspension is
complete; or
(ii) in the case of a
suspension that is not so appealed, the date on which such 30-day period
ends.
(2)
Revocations
(A)
In
general
The revocation of a
certification or an accreditation under subsection (d)(2) by the Secretary may
be appealed to a United States district court in accordance with section
2121(b) not later than 30 business days after the date on which the person
subject to such revocation receives notice of the revocation.
(B)
Revocation final
and conclusive
A revocation
of a certification or an accreditation under subsection (d)(2) by the Secretary
shall be final and conclusive—
(i) in
the case of a revocation that is appealed under subparagraph (A) within the
30-day period specified in such subparagraph, on the date on which judicial
review of such revocation is complete; or
(ii) in the case of a
revocation that is not so appealed, the date on which such 30-day period
ends.
(3)
Standards for
review of suspensions and revocations
A suspension or revocation of a
certification or an accreditation under subsection (d) shall be reviewed in
accordance with the standards of review specified in section 706(2) of title 5,
United States Code.
(f)
Noncompliance
(1)
In
general
If a person covered by this title fails to obey a
revocation of a certification or an accreditation under subsection (d)(2) after
such revocation has become final and conclusive or after the appropriate United
States district court has entered a final judgment in favor of the Secretary,
the United States may apply to the appropriate United States district court for
enforcement of such revocation.
(2)
Enforcement
If
the court determines that the revocation was lawfully made and duly served and
that the person violated the revocation, the court shall enforce the
revocation.
(3)
Civil
penalty
If the court finds that the person violated the
revocation of a certification or an accreditation under subsection (d)(2), the
person shall be subject to one or more of the penalties provided in subsections
(a) and (b) of section 2120.
(g)
Violation of
this title defined
In this section, the term violation of
this title means a violation specified in section 2120.
.
10006.
Food safety
education initiatives
Section
10105(c) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 7655a(c))
is amended by striking 2012 and inserting
2018.
10007.
Specialty
crop block grants
Section 101
of the Specialty Crops Competitiveness Act of 2004 (7 U.S.C. 1621 note; Public
Law 108–465) is amended—
(1) in subsection
(a)—
(A) by striking
subsection (j) and inserting subsection (l);
and
(B) by striking
2012 and inserting 2018;
(2) by striking
subsection (b) and inserting the following new subsection:
(b)
Grants based on
value and acreage
Subject to
subsection (c), for each State whose application for a grant for a fiscal year
that is accepted by the Secretary under subsection (f), the amount of the grant
for such fiscal year to the State under this section shall bear the same ratio
to the total amount made available under subsection (l)(1) for such fiscal year
as—
(1) the average of the
most recent available value of specialty crop production in the State and the
acreage of specialty crop production in the State, as demonstrated in the most
recent Census of Agriculture data; bears to
(2) the average of the
most recent available value of specialty crop production in all States and the
acreage of specialty crop production in all States, as demonstrated in the most
recent Census of Agriculture
data.
;
(3) by redesignating
subsection (j) as subsection (l);
(4) by inserting after
subsection (i) the following new subsections:
(j)
Multistate
projects
Not later than 180
days after the effective date of the Federal
Agriculture Reform and Risk Management Act of 2013, the Secretary
of Agriculture shall issue guidance for the purpose of making grants to
multistate projects under this section for projects involving—
(1) food
safety;
(2) plant pests and
disease;
(3) research;
(4) crop-specific
projects addressing common issues; and
(5) any other area
that furthers the purposes of this section, as determined by the
Secretary.
(k)
Administration
(1)
Department
The
Secretary of Agriculture may not use more than 3 percent of the funds made
available to carry out this section for a fiscal year for administrative
expenses.
(2)
States
A
State receiving a grant under this section may not use more than 8 percent of
the funds received under the grant for a fiscal year for administrative
expenses.
;
and
(5) in subsection (l)
(as redesignated by paragraph (3))—
(A) by redesignating paragraphs (1), (2), and
(3) as subparagraphs (A), (B), and (C), respectively, and moving the margins of
such subparagraphs two ems to the right;
(B) by striking
Of the funds and inserting the following:
(1)
In
general
Of the
funds
;
(C) in paragraph (1)
(as so designated)—
(i) in
subparagraph (B) (as redesignated by subparagraph (A)), by striking
and at the end;
(ii) in subparagraph (C) (as redesignated by
subparagraph (A)), by striking the period at the end and inserting a semicolon;
and
(iii) by
adding at the end the following new subparagraphs:
(D) $72,500,000 for fiscal years 2014 through
2017; and
(E) $85,000,000 for
fiscal year 2018.
;
and
(D) by adding at the
end the following new paragraph:
(2)
Multistate
projects
Of the funds made
available under paragraph (1), the Secretary may use to carry out subsection
(j), to remain available until expended—
(A) $1,000,000 for fiscal year 2014;
(B) $2,000,000 for fiscal year 2015;
(C) $3,000,000 for fiscal year 2016;
(D) $4,000,000 for fiscal year 2017; and
(E) $5,000,000 for fiscal year
2018.
.
10008.
Report on
honey
(a)
Report
Not later than 180 days after the date of
the enactment of this Act, the Secretary of Agriculture, in consultation with
persons affected by the potential establishment of a Federal standard for the
identity of honey, shall submit to the Commissioner of Food and Drugs a report
describing how an appropriate Federal standard for the identity of honey would
be in the interest of consumers, the honey industry, and United States
agriculture.
(b)
Considerations
In
preparing the report required under subsection (a), the Secretary shall take
into consideration the March 2006, Standard of Identity citizens petition filed
with the Food and Drug Administration, including any current industry
amendments or clarifications necessary to update such petition.
10009.
Bulk
shipments of apples to Canada
(a)
Bulk shipment of
apples to Canada
Section 4 of
the Export Apple Act (7 U.S.C. 584) is amended—
(1) by striking
Apples in and inserting (a) Apples
in; and
(2) by adding at the
end the following new subsection:
(b) Apples may be
shipped to Canada in bulk bins without complying with the provisions of this
Act.
.
(b)
Definition of
bulk bin
Section 9 of the Export Apple Act (7 U.S.C. 589) is
amended by adding at the end the following new paragraph:
(5) The term bulk bin means a
bin that contains a quantity of apples weighing more than 100
pounds.
.
(c)
Regulations
Not
later than 60 days after the date of the enactment of this Act, the Secretary
of Agriculture shall issue regulations to carry out the amendments made by this
section.
10010.
Inclusion of
olive oil in import controls under the Agricultural Adjustment
Act
Section 8e(a) of the
Agricultural Adjustment Act (7 U.S.C. 608e–1(a)) is amended by inserting
olive oil, after olives (other than Spanish-style green
olives),.
10011.
Consolidation
of plant pest and disease management and disaster prevention programs
(a)
Relocation of
legislative language relating to national clean plant
network
Section 420 of the Plant Protection Act (7 U.S.C. 7721)
is amended—
(1) by redesignating
subsection (e) as subsection (f); and
(2) by inserting after
subsection (d) the following new subsection:
(e)
National clean
plant network
(1)
In
general
The Secretary shall establish a program to be known as
the National Clean Plant Network (referred to in this subsection
as the Program).
(2)
Requirements
Under
the Program, the Secretary shall establish a network of clean plant centers for
diagnostic and pathogen elimination services—
(A) to produce clean
propagative plant material; and
(B) to maintain blocks
of pathogen-tested plant material in sites located throughout the United
States.
(3)
Availability of
clean plant source material
Clean plant source material produced
or maintained under the Program may be made available to—
(A) a State for a
certified plant program of the State; and
(B) private nurseries
and producers.
(4)
Consultation and
collaboration
In carrying out the Program, the Secretary
shall—
(A) consult
with—
(i) State departments
of agriculture; and
(ii) land-grant
colleges and universities and NLGCA Institutions (as those terms are defined in
section 1404 of the National Agricultural Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3103)); and
(B) to the extent
practicable and with input from the appropriate State officials and industry
representatives, use existing Federal or State facilities to serve as clean
plant centers.
(5)
Funding for
fiscal year 2013
There is
authorized to be appropriated to carry out the Program $5,000,000 for fiscal
year
2013.
.
(b)
Funding
Subsection (f) of section 420 of the Plant
Protection Act (7 U.S.C. 7721) (as so redesignated) is amended—
(1) in paragraph (3),
by striking and at the end;
(2) in paragraph (4),
by striking and each fiscal year thereafter. and inserting a
semicolon; and
(3) by adding at the
end the following new paragraphs:
(5) $62,500,000 for
fiscal years 2014 through 2017; and
(6) $75,000,000 for
fiscal year
2018.
.
(c)
Repeal of
existing provision
Effective October 1, 2013, section 10202 of
the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 7761) is
repealed.
(d)
Clarification of
use of funds for technical assistance
Section 420 of the Plant
Protection Act (7 U.S.C. 7721) (as amended by subsection (a)) is amended by
adding at the end the following new subsection:
(g)
Relationship to
other law
The use of Commodity Credit Corporation funds under
this section to provide technical assistance shall not be considered an
allotment or fund transfer from the Commodity Credit Corporation for purposes
of the limit on expenditures for technical assistance imposed by section 11 of
the Commodity Credit Corporation Charter Act (15 U.S.C.
714i).
.
10012.
Modification,
cancellation, or suspension on basis of a biological opinion
(a)
In
general
Except in the case of
a voluntary request from a pesticide registrant to amend a registration under
section 3 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.
136a), a registration of a pesticide may be modified, canceled, or suspended on
the basis of the implementation of a Biological Opinion issued by the National
Marine Fisheries Service or the United States Fish and Wildlife Service prior
to the date of completion of the study referred to in subsection (b), or
January 1, 2015, whichever is earlier, only if—
(1) the modification,
cancellation, or suspension is undertaken pursuant to section 6 of such Act (7
U.S.C. 136d); and
(2) the Biological
Opinion complies with the recommendations contained in the study referred to in
subsection (b).
(b)
National Academy
of Sciences Study
The study commissioned by the Administrator of
the Environmental Protection Agency on March 10, 2011, shall include, at a
minimum, each of the following:
(1) A
formal, independent, and external peer review, consistent with Office of
Management and Budget policies, of each Biological Opinion described in
subsection (a).
(2) Assessment of
economic impacts of measures or alternatives recommended in each such
Biological Opinion.
(3) An examination of the specific scientific
and procedural questions and issues pertaining to economic feasibility
contained in the June 23, 2011, letter sent to the Administrator (and other
Federal officials) by the Chairmen of the Committee on Agriculture, the
Committee on Natural Resources, and the Subcommittee on Interior, Environment,
and Related Agencies of the Committee on Appropriations, of the House of
Representatives.
10013.
Use and discharges
of authorized pesticides
(a)
Short
title
This section may be cited as the Reducing Regulatory
Burdens Act of 2013.
(b)
Use of
authorized pesticides
Section 3(f) of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136a(f)) is amended by adding at the
end the following:
(5)
Use of
authorized pesticides
Except as provided in section 402(s) of the
Federal Water Pollution Control Act, the Administrator or a State may not
require a permit under such Act for a discharge from a point source into
navigable waters of a pesticide authorized for sale, distribution, or use under
this Act, or the residue of such a pesticide, resulting from the application of
such
pesticide.
.
(c)
Discharges of
pesticides
Section 402 of the Federal Water Pollution Control Act
(33 U.S.C. 1342) is amended by adding at the end the following:
(s)
Discharges of
pesticides
(1)
No permit
requirement
Except as provided in paragraph (2), a permit shall
not be required by the Administrator or a State under this Act for a discharge
from a point source into navigable waters of a pesticide authorized for sale,
distribution, or use under the Federal Insecticide, Fungicide, and Rodenticide
Act, or the residue of such a pesticide, resulting from the application of such
pesticide.
(2)
Exceptions
Paragraph
(1) shall not apply to the following discharges of a pesticide or pesticide
residue:
(A) A discharge
resulting from the application of a pesticide in violation of a provision of
the Federal Insecticide, Fungicide, and Rodenticide Act that is relevant to
protecting water quality, if—
(i) the discharge
would not have occurred but for the violation; or
(ii) the amount of
pesticide or pesticide residue in the discharge is greater than would have
occurred without the violation.
(B) Stormwater
discharges subject to regulation under subsection (p).
(C) The following
discharges subject to regulation under this section:
(i) Manufacturing or
industrial effluent.
(ii) Treatment works
effluent.
(iii) Discharges
incidental to the normal operation of a vessel, including a discharge resulting
from ballasting operations or vessel biofouling
prevention.
.
XI
Crop
Insurance
11001.
Information
sharing
Section 502(c) of the
Federal Crop Insurance Act (7 U.S.C. 1502(c)) is amended by adding at the end
the following new paragraph:
(4)
Information
(A)
Request
Subject
to subparagraph (B), the Farm Service Agency shall, in a timely manner, provide
to an agent or an approved insurance provider authorized by the producer any
information (including Farm Service Agency Form 578s (or any successor form) or
maps (or any corrections to those forms or maps) that may assist the agent or
approved insurance provider in insuring the producer under a policy or plan of
insurance under this subtitle.
(B)
Privacy
Except
as provided in subparagraph (C), an agent or approved insurance provider that
receives the information of a producer pursuant to subparagraph (A) shall treat
the information in accordance with paragraph (1).
(C)
Sharing
Nothing
in this section prohibits the sharing of the information of a producer pursuant
to subparagraph (A) between the agent and the approved insurance provider of
the
producer.
.
11002.
Publication
of information on violations of prohibition on premium
adjustments
Section 508(a)(9)
of the Federal Crop Insurance Act (7 U.S.C. 1508(a)(9)) is amended by adding at
the end the following new subparagraph:
(C)
Publication of
violations
(i)
Publication
required
Subject to clause
(ii), the Corporation shall publish in a timely manner on the website of the
Risk Management Agency information regarding each violation of this paragraph,
including any sanctions imposed in response to the violation, in sufficient
detail so that the information may serve as effective guidance to approved
insurance providers, agents, and producers.
(ii)
Protection of
privacy
In providing
information under clause (i) regarding violations of this paragraph, the
Corporation shall redact the identity of the persons and entities committing
the violations in order to protect their
privacy.
.
11003.
Supplemental
coverage option
(a)
Availability of
supplemental coverage option
Paragraph (3) of section 508(c) of
the Federal Crop Insurance Act (7 U.S.C. 1508(c)) is amended to read as
follows:
(3)
Yield and loss
basis options
A producer
shall have the option of purchasing additional coverage based on—
(A)
(i) an individual yield and
loss basis; or
(ii) an area yield and loss
basis;
(B) an individual
yield and loss basis, supplemented with coverage based on an area yield and
loss basis to cover a part of the deductible under the individual yield and
loss policy, as described in paragraph (4)(C); or
(C) a margin basis alone or in combination with
the coverages available in subparagraph (A) or
(B).
.
(b)
Level of
coverage
Paragraph (4) of
section 508(c) of the Federal Crop Insurance Act (7 U.S.C. 1508(c)) is amended
to read as follows:
(4)
Level of
coverage
(A)
Dollar
denomination and percentage of yield
Except as provided in
subparagraph (C), the level of coverage—
(i) shall be dollar
denominated; and
(ii) may be purchased
at any level not to exceed 85 percent of the individual yield or 95 percent of
the area yield (as determined by the Corporation).
(B)
Information
The
Corporation shall provide producers with information on catastrophic risk and
additional coverage in terms of dollar coverage (within the allowable limits of
coverage provided in this paragraph).
(C)
Supplemental
coverage option
(i)
In
general
Notwithstanding subparagraph (A), in the case of the
supplemental coverage option described in paragraph (3)(B), the Corporation
shall offer producers the opportunity to purchase coverage in combination with
a policy or plan of insurance offered under this subtitle that would allow
indemnities to be paid to a producer equal to a part of the deductible under
the policy or plan of insurance—
(I) at a county-wide level to the fullest
extent practicable; or
(II) in counties that lack sufficient data, on
the basis of such larger geographical area as the Corporation determines to
provide sufficient data for purposes of providing the coverage.
(ii)
Trigger
Coverage
offered under paragraph (3)(B) and clause (i) shall be triggered only if the
losses in the area exceed 10 percent of normal levels (as determined by the
Corporation).
(iii)
Coverage
Subject to the trigger described in clause
(ii), coverage offered under paragraph (3)(B) and clause (i) shall not exceed
the difference between—
(I) 90 percent;
and
(II) the coverage
level selected by the producer for the underlying policy or plan of
insurance.
(iv)
Ineligible
crops and acres
Crops for
which the producer has elected under section 1107(c)(1) of the
Federal Agriculture Reform and Risk
Management Act of 2013 to receive revenue loss coverage and acres
that are enrolled in the stacked income protection plan under section 508B
shall not be eligible for supplemental coverage under this subparagraph.
(v)
Calculation of
premium
Notwithstanding
subsection (d), the premium for coverage offered under paragraph (3)(B) and
clause (i) shall—
(I) be sufficient to
cover anticipated losses and a reasonable reserve; and
(II) include an amount
for operating and administrative expenses established in accordance with
subsection
(k)(4)(F).
.
(c)
Payment of
portion of premium by Corporation
Section 508(e)(2) of the
Federal Crop Insurance Act (7 U.S.C. 1508(e)(2)) is amended by adding at the
end the following new subparagraph:
(H) In the case of the
supplemental coverage option authorized in subsection (c)(4)(C), the amount
shall be equal to the sum of—
(i) 65
percent of the additional premium associated with the coverage; and
(ii) the amount determined under subsection
(c)(4)(C)(vi)(II), subject to subsection (k)(4)(F), for the coverage to cover
operating and administrative
expenses.
.
(d)
Effective
date
The Federal Crop Insurance Corporation shall begin to
provide additional coverage based on an individual yield and loss basis,
supplemented with coverage based on an area yield and loss basis, not later
than for the 2014 crop year.
11004.
Premium
amounts for catastrophic risk protection
Subparagraph (A) of section 508(d)(2) of the
Federal Crop Insurance Act (7 U.S.C. 1508(d)(2)) is amended to read as
follows:
(A) In the case of catastrophic risk
protection, the amount of the premium established by the Corporation for each
crop for which catastrophic risk protection is available shall be reduced by
the percentage equal to the difference between the average loss ratio for the
crop and 100 percent, plus a reasonable
reserve.
.
11005.
Repeal of
performance-based discount
(a)
Repeal
Section 508(d) of the Federal Crop
Insurance Act (7 U.S.C. 1508(d)) is amended—
(1) by striking paragraph (3); and
(2) by redesignating paragraph (4) as paragraph
(3).
(b)
Conforming
amendment
Section
508(a)(9)(B) of the Federal Crop Insurance Act (7 U.S.C. 1508(a)(9)(B)) is
amended—
(1) by inserting or at the end
of clause (i);
(2) by striking clause
(ii); and
(3) by redesignating
clause (iii) as clause (ii).
11006.
Permanent
enterprise unit subsidy
Subparagraph (A) of section 508(e)(5) of the
Federal Crop Insurance Act (7 U.S.C. 1508(e)(5)) is amended to read as
follows:
(A)
In
general
The Corporation may pay a portion of the premiums for
plans or policies of insurance for which the insurable unit is defined on a
whole farm or enterprise unit basis that is higher than would otherwise be paid
in accordance with paragraph
(2).
.
11007.
Enterprise
units for irrigated and nonirrigated crops
Section 508(e)(5) of the Federal Crop
Insurance Act (7 U.S.C. 1508(e)(5)) is amended by adding at the end the
following new subparagraph:
(D)
Nonirrigated
crops
Beginning with the 2014 crop year, the Corporation shall
make available separate enterprise units for irrigated and nonirrigated acreage
of crops in
counties.
.
11008.
Data
collection
Section 508(g)(2)
of the Federal Crop Insurance Act (7 U.S.C. 1508(g)(2)) is amended by adding at
the end the following new subparagraph:
(E)
Sources of yield
data
To determine yields under this paragraph, the
Corporation—
(i) shall use county
data collected by the Risk Management Agency or the National Agricultural
Statistics Service, or both; or
(ii) if sufficient
county data is not available, may use other data considered appropriate by the
Secretary.
.
11009.
Adjustment in
actual production history to establish insurable yields
Section 508(g)(4)(B) of the Federal Crop
Insurance Act (7 U.S.C. 1508(g)(4)(B)) is amended by striking 60
each place it appears and inserting 70.
11010.
Submission
and review of policies
(a)
In
general
Section 508(h) of the
Federal Crop Insurance Act (7 U.S.C. 1508(h)) is amended—
(1) in paragraph (1)—
(A) by redesignating subparagraphs (A) and (B)
as clauses (i) and (ii), respectively, and indenting appropriately;
(B) by striking (1)
In general.—In
addition and inserting the following:
(1)
Authority to
submit
(A)
In
general
In addition
;
and
(C) by adding at the
end the following new subparagraph:
(B)
Review and
submission by Corporation
The Corporation shall review any policy
developed under section 522(c) or any pilot program developed under section 523
and submit the policy or program to the Board under this subsection if the
Corporation, at the sole discretion of the Corporation, finds that the policy
or program—
(i) will likely result
in a viable and marketable policy consistent with this subsection;
(ii) would provide
crop insurance coverage in a significantly improved form; and
(iii) adequately
protects the interests of producers.
;
and
(2) in paragraph
(3)—
(A) by striking
A policy and inserting the following:
(A)
In
general
A
policy
;
and
(B) by adding at the
end the following new subparagraph:
(B)
Specified review
and approval priorities
In
reviewing policies and other materials submitted to the Board under this
subsection for approval, the Board—
(i) shall make the development and approval of
a revenue policy for peanut producers a priority so that a revenue policy is
available to peanut producers in time for the 2014 crop year;
(ii) shall make the
development and approval of a margin coverage policy for rice producers a
priority so that a margin coverage policy is available to rice producers in
time for the 2014 crop year; and
(iii) may approve a submission that is made
pursuant to this subsection that would, beginning with the 2014 crop year,
allow producers that purchase policies in accordance with subsection (e)(5)(A)
to separate enterprise units by risk rating for acreage of crops in
counties.
.
(b)
Advance
payments
Section 522(b)(2)(E)
of the Federal Crop Insurance Act (7 U.S.C. 1522(b)(2)(E)) is amended by
striking 50 percent and inserting 75 percent.
11011.
Equitable
relief for specialty crop policies
Section 508(k)(8)(E) of the Federal Crop
Insurance Act of 1938 (7 U.S.C. 1508(k)(8)(E)) is amended by adding at the end
the following new clause:
(iii)
Equitable
relief for specialty crop policies
(I)
In
general
For each of the 2011
through 2015 reinsurance years, in addition to the total amount of funding for
reimbursement of administrative and operating costs that is otherwise required
to be made available in each such reinsurance year pursuant to an agreement
entered into by the Corporation, the Corporation shall use $41,000,000 to
provide additional reimbursement with respect to eligible insurance contracts
for any agricultural commodity that is not eligible for a benefit under
subtitles A, B or C of title I of the Federal
Agriculture Reform and Risk Management Act of 2013.
(II)
Treatment
Additional reimbursements made under this
clause shall be included as part of the base level of administrative and
operating expense reimbursement to which any limit on compensation to persons
involved in the direct sale and service of any eligible crop insurance contract
required under an agreement entered into by the Corporation is applied.
(III)
Rule of
construction
Nothing in this clause shall be construed as
statutory assent to the limit described in subclause
(II).
.
11012.
Budget
limitations on renegotiation of the standard reinsurance
agreement
Section 508(k)(8) of
the Federal Crop Insurance Act of 1938 (7 U.S.C. 1508(k)(8)) is amended by
adding at the end the following new subparagraph:
(F)
Budget
(i)
In
general
The Board shall ensure that any Standard Reinsurance
Agreement negotiated under subparagraph (A)(ii), as compared to the previous
Standard Reinsurance Agreement—
(I) to the maximum
extent practicable, shall be budget neutral; and
(II) in no event, may
significantly depart from budget neutrality.
(ii)
Use of
savings
To the extent that
any budget savings is realized in the renegotiation of a Standard Reinsurance
Agreement under subparagraph (A)(ii), and the savings are determined not to be
a significant departure from budget neutrality under clause (i), the savings
shall be used to increase the obligations of the Corporation under subsections
(e)(2) or (k)(4) or section
523.
.
11013.
Crop
production on native sod
(a)
Federal crop
insurance
Section 508(o) of the Federal Crop Insurance Act (7
U.S.C. 1508(o)) is amended—
(1) in paragraph
(1)(B), by inserting , or the producer cannot substantiate that the
ground has ever been tilled, after tilled;
(2) in paragraph
(2)—
(A) in the paragraph
heading, by striking Ineligibility for and inserting
Reduction
in; and
(B) in subparagraph
(A), by striking for benefits under— and all that follows
through the period at the end and
inserting
for—
(i) a
portion of crop insurance premium subsidies under this subtitle in accordance
with paragraph (3);
(ii) benefits under
section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7
U.S.C. 7333); and
(iii) payments described in subsection (b) or (c)
of section 1001 of the Food Security Act of 1985 (7 U.S.C.
1308).
;
and
(3) by striking
paragraph (3) and inserting the following new paragraphs:
(3)
Administration
(A)
In
general
During the first 4 crop years of planting on native sod
acreage by a producer described in paragraph (2)—
(i) paragraph (2)
shall apply to 65 percent of the transitional yield of the producer; and
(ii) the crop
insurance premium subsidy provided for the producer under this subtitle shall
be 50 percentage points less than the premium subsidy that would otherwise
apply.
(B)
Yield
substitution
During the period native sod acreage is covered by
this subsection, a producer may not substitute yields for the native sod
acreage.
(4)
Application
This subsection shall only apply to native
sod in the Prairie Pothole National Priority
Area.
.
(b)
Noninsured crop
disaster assistance
Section 196(a)(4) of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7333(a)(4)) is amended—
(1) in the paragraph
heading, by striking ineligibility and inserting
benefit
reduction;
(2) in subparagraph
(A)(ii), by inserting , or the producer cannot substantiate that the
ground has ever been tilled, after tilled;
(3) in subparagraph
(B)—
(A) in the
subparagraph heading, by striking Ineligibility and inserting
Reduction
in; and
(B) in clause (i), by
striking for benefits under— and all that follows through the
period at the end and
inserting
for—
(I) benefits under
this section;
(II) a portion of crop
insurance premium subsidies under the Federal Crop Insurance Act (7 U.S.C. 1501
et seq.) in accordance with subparagraph (C); and
(III) payments
described in subsection (b) or (c) of section 1001 of the Food Security Act of
1985 (7 U.S.C. 1308).
;
and
(4) by striking
subparagraph (C) and inserting the following new subparagraphs:
(C)
Administration
(i)
In
general
During the first 4 crop years of planting on native sod
acreage by a producer described in subparagraph (B)—
(I) subparagraph (B)
shall apply to 65 percent of the transitional yield of the producer; and
(II) the crop
insurance premium subsidy provided for the producer under the Federal Crop
Insurance Act (7 U.S.C. 1501 et seq.) shall be 50 percentage points less than
the premium subsidy that would otherwise apply.
(ii)
Yield
substitution
During the period native sod acreage is covered by
this paragraph, a producer may not substitute yields for the native sod
acreage.
(D)
Application
This paragraph shall only apply to native
sod in the Prairie Pothole National Priority
Area.
.
(c)
Cropland
report
(1)
Baseline
Not later than 180 days after the date of
enactment of this Act, the Secretary of Agriculture shall submit to the
Committee on Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report that describes the
cropland acreage in each applicable county and State, and the change in
cropland acreage from the preceding year in each applicable county and State,
beginning with calendar year 2000 and including that information for the most
recent year for which that information is available.
(2)
Annual
updates
Not later than January 1, 2015, and each January 1
thereafter through January 1, 2018, the Secretary of Agriculture shall submit
to the Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate a report that
describes—
(A) the cropland acreage in each applicable
county and State as of the date of submission of the report; and
(B) the change in cropland acreage from the
preceding year in each applicable county and State.
11014.
Coverage
levels by practice
Section 508
of the Federal Crop Insurance Act of 1938 (7 U.S.C. 1508) is amended by adding
at the end the following new subsection:
(p)
Coverage levels
by practice
Beginning with
the 2015 crop year, a producer that produces an agricultural commodity on both
dry land and irrigated land may elect a different coverage level for each
production
practice.
.
11015.
Beginning
farmer and rancher provisions
(a)
Definition
Section
502(b) of the Federal Crop Insurance Act (7 U.S.C. 1502(b)) is amended—
(1) by redesignating
paragraphs (3) through (9) as paragraphs (4) through (10), respectively;
and
(2) by inserting after
paragraph (2) the following:
(3)
Beginning farmer
or rancher
The term beginning farmer or rancher
means a farmer or rancher who has not actively operated and managed a farm or
ranch with a bona fide insurable interest in a crop or livestock as an
owner-operator, landlord, tenant, or sharecropper for more than 5 crop years,
as determined by the
Secretary.
.
(b)
Premium
adjustments
Section 508 of the Federal Crop Insurance Act (7
U.S.C. 1508) is amended—
(1) in subsection
(b)(5)(E), by inserting and beginning farmers or ranchers after
limited resource farmers;
(2) in subsection (e),
by adding at the end the following new paragraph:
(8)
Premium for
beginning farmers or ranchers
Notwithstanding any other provision
of this subsection regarding payment of a portion of premiums, a beginning
farmer or rancher shall receive premium assistance that is 10 percentage points
greater than premium assistance that would otherwise be available under
paragraphs (2) (except for subparagraph (A) of that paragraph), (5), (6), and
(7) for the applicable policy, plan of insurance, and coverage level selected
by the beginning farmer or rancher.
;
and
(3) in subsection
(g)—
(A) in paragraph
(2)(B)—
(i) in
clause (i), by striking or at the end;
(ii) in
clause (ii)(III), by striking the period at the end and inserting ;
or; and
(iii) by
adding at the end the following:
(iii) if the producer
is a beginning farmer or rancher who was previously involved in a farming or
ranching operation, including involvement in the decisionmaking or physical
involvement in the production of the crop or livestock on the farm, for any
acreage obtained by the beginning farmer or rancher, a yield that is the higher
of—
(I) the actual
production history of the previous producer of the crop or livestock on the
acreage determined under subparagraph (A); or
(II) a yield of the
producer, as determined in clause (i).
;
and
(B) in paragraph
(4)(B)(ii) (as amended by section 11009)—
(i) by
inserting (I) after (ii);
(ii) by
striking the period at the end and inserting ; or; and
(iii) by
adding at the end the following:
(II) in the case of beginning farmers or
ranchers, replace each excluded yield with a yield equal to 80 percent of the
applicable transitional
yield.
.
11016.
Stacked income
protection plan for producers of upland cotton
(a)
Availability of
Stacked Income Protection Plan for Producers of Upland Cotton
The Federal Crop Insurance Act is amended
by inserting after section 508A (7 U.S.C. 1508a) the following new
section:
508B.
Stacked income
protection plan for producers of upland cotton
(a)
Availability
Beginning not later than the 2014 crop of
upland cotton, the Corporation shall make available to producers of upland
cotton an additional policy (to be known as the Stacked Income
Protection Plan), which shall provide coverage consistent with the
Group Risk Income Protection Plan (and the associated Harvest Revenue Option
Endorsement) offered by the Corporation for the 2011 crop year.
(b)
Required
terms
The Corporation may
modify the Stacked Income Protection Plan on a program-wide basis, except that
the Stacked Income Protection Plan shall comply with the following
requirements:
(1) Provide coverage
for revenue loss of not less than 10 percent and not more than 30 percent of
expected county revenue, specified in increments of 5 percent. The deductible
is the minimum percent of revenue loss at which indemnities are triggered under
the plan, not to be less than 10 percent of the expected county revenue.
(2) Be offered to
producers of upland cotton in all counties with upland cotton
production—
(A) at a county-wide
level to the fullest extent practicable; or
(B) in counties that
lack sufficient data, on the basis of such larger geographical area as the
Corporation determines to provide sufficient data for purposes of providing the
coverage.
(3) Be purchased in addition to any other
individual or area coverage in effect on the producer’s acreage or as a
stand-alone policy, except that if a producer has an individual or area
coverage for the same acreage, the maximum coverage available under the Stacked
Income Protection Plan shall not exceed the deductible for the individual or
area coverage.
(4) Establish coverage
based on—
(A) the expected price
established under existing Group Risk Income Protection or area wide policy
offered by the Corporation for the applicable county (or area) and crop year;
and
(B) an expected county yield that is the higher
of—
(i) the expected county yield established for
the existing area-wide plans offered by the Corporation for the applicable
county (or area) and crop year (or, in geographic areas where area-wide plans
are not offered, an expected yield determined in a manner consistent with those
of area-wide plans); or
(ii) the average of the applicable yield data
for the county (or area) for the most recent 5 years, excluding the highest and
lowest observations, from the Risk Management Agency or the National
Agricultural Statistics Service (or both) or, if sufficient county data is not
available, such other data considered appropriate by the Secretary.
(5) Use a multiplier
factor to establish maximum protection per acre (referred to as a
protection factor) of not less than the higher of the level
established on a program wide basis or 120 percent.
(6) Pay an indemnity based on the amount that
the expected county revenue exceeds the actual county revenue, as applied to
the individual coverage of the producer. Indemnities under the Stacked Income
Protection Plan shall not include or overlap the amount of the deductible
selected under paragraph (1).
(7) In all counties
for which data are available, establish separate coverage levels for irrigated
and non-irrigated practices.
(c)
Premium
Notwithstanding section 508(d), the premium
for the Stacked Income Protection Plan shall—
(1) be sufficient to cover anticipated losses
and a reasonable reserve; and
(2) include an amount
for operating and administrative expenses established in accordance with
section 508(k)(4)(F).
(d)
Payment of
portion of premium by Corporation
Subject to section 508(e)(4), the amount of
premium paid by the Corporation for all qualifying coverage levels of the
Stacked Income Protection Plan shall be—
(1) 80 percent of the
amount of the premium established under subsection (c) for the coverage level
selected; and
(2) the amount determined under subsection
(c)(2), subject to section 508(k)(4)(F), for the coverage to cover
administrative and operating expenses.
(e)
Relation to
other coverages
The Stacked
Income Protection Plan is in addition to all other coverages available to
producers of upland
cotton.
.
(b)
Conforming
amendment
Section 508(k)(4)(F) of the Federal Crop Insurance Act
(7 U.S.C. 1508(k)(4)(F)) is amended by inserting or authorized under
subsection (c)(4)(C) or section 508B after of this
subparagraph.
11017.
Peanut
revenue crop insurance
The
Federal Crop Insurance Act is amended by inserting after section 508B, as added
by the previous section, the following new section:
508C.
Peanut revenue
crop insurance
(a)
In
general
Effective beginning
with the 2014 crop year, the Risk Management Agency and the Corporation shall
make available to producers of peanuts a revenue crop insurance program for
peanuts.
(b)
Effective
price
Subject to subsection (c), for purposes of the revenue crop
insurance program and the multiperil crop insurance program under this Act, the
effective price for peanuts shall be equal to the Rotterdam price index for
peanuts, as adjusted to reflect the farmer stock price of peanuts in the United
States.
(c)
Adjustments
(1)
In
general
The effective price
for peanuts established under subsection (b) may be adjusted by the Risk
Management Agency and the Corporation to correct distortions.
(2)
Administration
If
an adjustment is made under paragraph (1), the Risk Management Agency and the
Corporation shall—
(A) make the
adjustment in an open and transparent manner; and
(B) submit to the
Committee on Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report that describes the
reasons for the
adjustment.
.
11018.
Authority to
correct errors
Section 515(c)
of the Federal Crop Insurance Act (7 U.S.C. 1515(c)) is amended—
(1) in the first
sentence, by striking The Secretary and inserting the
following:
(1)
In
general
The Secretary
;
(2) in the second
sentence, by striking Beginning with and inserting the
following:
(2)
Frequency
Beginning
with
;
and
(3) by adding at the
end the following new paragraph:
(3)
Corrections
(A)
In
general
In addition to the
corrections permitted by the Corporation as of the date of enactment of the
Federal Agriculture Reform and Risk
Management Act of 2013, the Corporation shall allow an agent or
an approved insurance provider, subject to subparagraph (B)—
(i) within a
reasonable amount of time following the applicable sales closing date, to
correct unintentional errors in information that is provided by a producer for
the purpose of obtaining coverage under any policy or plan of insurance made
available under this subtitle to ensure that the eligibility information is
correct;
(ii) within a
reasonable amount of time following—
(I) the acreage
reporting date, to correct unintentional errors in factual information that is
provided by a producer after the sales closing date to reconcile the
information with the information reported by the producer to the Farm Service
Agency; or
(II) the date of any
subsequent correction of data by the Farm Service Agency made as a result of
the verification of information; and
(iii) at any time, to correct unintentional
errors that were made by the Farm Service Agency or an agent or approved
insurance provider in transmitting the information provided by the producer to
the approved insurance provider or the Corporation.
(B)
Limitation
In accordance with the procedures of the
Corporation, correction to the information described in clauses (i) and (ii) of
subparagraph (A) may only be made if the corrections do not allow the
producer—
(i) to avoid
ineligibility requirements for insurance;
(ii) to obtain, enhance, or increase an
insurance guarantee or indemnity, or avoid premium owed, if a cause of loss
exists or has occurred before any correction has been made; or
(iii) to avoid an
obligation or requirement under any Federal or State law.
(C)
Exception to
late filing sanctions
Any
corrections made pursuant to this paragraph shall not be subject to any late
filing sanctions authorized in the reinsurance agreement with the
Corporation.
.
11019.
Implementation
Section 515 of the Federal Crop Insurance
Act (7 U.S.C. 1515) is amended—
(1) in subsection (j), by striking paragraph
(1) and inserting the following new paragraph:
(1)
Systems
maintenance and upgrades
(A)
In
general
The Secretary shall maintain and upgrade the information
management systems of the Corporation used in the administration and
enforcement of this subtitle.
(B)
Requirement
(i)
In
general
In maintaining and upgrading the systems, the Secretary
shall ensure that new hardware and software are compatible with the hardware
and software used by other agencies of the Department to maximize data sharing
and promote the purposes of this section.
(ii)
Acreage report
streamlining initiative project
As soon as practicable, the
Secretary shall develop and implement an acreage report streamlining initiative
project to allow producers to report acreage and other information directly to
the Department.
;
and
(2) in subsection (k),
by striking paragraph (1) and inserting the following new paragraph:
(1)
Information
technology
(A)
In
general
For purposes of subsection (j)(1), the Corporation may
use, from amounts made available from the insurance fund established under
section 516(c), not more than—
(i)
(I) for fiscal year 2014,
$25,000,000; and
(II) for each of fiscal years 2015 through
2018, $10,000,000; or
(ii) if the Acreage
Crop Reporting Streamlining Initiative (ACRSI) project is substantially
completed by September 30, 2015, not more than $15,000,000 for each of the
fiscal years 2015 through 2018.
(B)
Notification
The
Secretary shall notify the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and Forestry of
the Senate of the substantial completion of the Acreage Crop Reporting
Streamlining Initiative (ACRSI) project not later than July 1,
2015.
.
11020.
Research and
development priorities
(a)
Authority to
conduct research and development, priorities
Section 522(c) of
the Federal Crop Insurance Act (7 U.S.C. 1522(c)) is amended—
(1) in the subsection
heading by striking contracting;
(2) in paragraph (1),
in the matter preceding subparagraph (A), by striking may enter into
contracts to carry out research and development to and inserting
may conduct activities or enter into contracts to carry out research and
development to maintain or improve existing policies or develop new policies
to;
(3) in paragraph
(2)—
(A) in subparagraph
(A), by inserting conduct research and development or after
The Corporation may; and
(B) in subparagraph
(B), by inserting conducting research and development or after
Before;
(4) in paragraph (5),
by inserting after expert review in accordance with section
505(e) after approved by the Board; and
(5) in paragraph (6), by striking a
pasture, range, and forage program and inserting policies that
increase participation by producers of underserved agricultural commodities,
including sweet sorghum, biomass sorghum, rice, peanuts, sugarcane, alfalfa,
and specialty crops.
(b)
Funding
Section
522(e) of the Federal Crop Insurance Act (7 U.S.C. 1522(e)) is amended—
(1) in paragraph
(2)—
(A) by striking
(A) Authority.— and inserting (A)
Conducting and contracting for
research and development.—;
(B) in subparagraph
(A), by inserting conduct research and development and after
the Corporation may use to; and
(C) in subparagraph
(B), by inserting conduct research and development and after
for the fiscal year to;
(2) in paragraph (3),
by striking to provide either reimbursement payments or contract
payments; and
(3) by striking
paragraph (4).
11021.
Additional
research and development contracting requirements
Section 522(c) of the Federal Crop Insurance
Act (7 U.S.C. 1522(c)) is amended—
(1) by redesignating
paragraph (17) as paragraph (23); and
(2) by inserting after
paragraph (16), the following new paragraphs:
(17)
Margin coverage
for catfish
(A)
In
general
The Corporation shall
offer to enter into a contract with a qualified entity to conduct research and
development regarding a policy to insure producers against reduction in the
margin between the market value of catfish and selected costs incurred in the
production of catfish.
(B)
Eligibility
Eligibility
for the policy described in subparagraph (A) shall be limited to freshwater
species of catfish that are propagated and reared in controlled or selected
environments.
(C)
Implementation
The
Board shall review the policy described in subparagraph (B) under subsection
508(h) and approve the policy if the Board finds that the policy—
(i) will likely result
in a viable and marketable policy consistent with this subsection;
(ii) would provide
crop insurance coverage in a significantly improved form;
(iii) adequately
protects the interests of producers; and
(iv) the proposed
policy meets other requirements of this subtitle determined appropriate by the
Board.
(18)
Biomass and
sweet sorghum energy crop insurance policies
(A)
Authority
The Corporation shall offer to enter into 1
or more contracts with qualified entities to carry out research and development
regarding—
(i) a
policy to insure biomass sorghum that is grown expressly for the purpose of
producing a feedstock for renewable biofuel, renewable electricity, or biobased
products; and
(ii) a
policy to insure sweet sorghum that is grown for a purpose described in clause
(i).
(B)
Research and
development
Research and development with respect to each of the
policies required in subparagraph (A) shall evaluate the effectiveness of risk
management tools for the production of biomass sorghum or sweet sorghum,
including policies and plans of insurance that—
(i) are based on
market prices and yields;
(ii) to the extent
that insufficient data exist to develop a policy based on market prices and
yields, evaluate the policies and plans of insurance based on the use of
weather indices, including excessive or inadequate rainfall, to protect the
interest of crop producers; and
(iii) provide
protection for production or revenue losses, or both.
(19)
Study on swine
catastrophic disease program
(A)
In
general
The Corporation shall
contract with a qualified person to conduct a study to determine the
feasibility of insuring swine producers for a catastrophic event.
(B)
Report
Not
later than 1 year after the date of the enactment of this paragraph, the
Corporation shall submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and Forestry of
the Senate a report that describes the results of the study conducted under
subparagraph (A).
(20)
Whole farm
diversified risk management insurance plan
(A)
In
general
The Corporation shall conduct activities or enter into
contracts to carry out research and development to develop a whole farm risk
management insurance plan, with a liability limitation of $1,000,000, that
allows a diversified crop or livestock producer the option to qualify for an
indemnity if actual gross farm revenue is below 85 percent of the average gross
farm revenue or the expected gross farm revenue that can reasonably be expected
of the producer, as determined by the Corporation.
(B)
Eligible
producers
The Corporation shall permit producers (including
direct-to-consumer marketers and producers servicing local and regional and
farm identity-preserved markets) who produce multiple agricultural commodities,
including specialty crops, industrial crops, livestock, and aquaculture
products, to participate in the plan in lieu of any other plan under this
subtitle.
(C)
Diversification
The
Corporation may provide diversification-based additional coverage payment
rates, premium discounts, or other enhanced benefits in recognition of the risk
management benefits of crop and livestock diversification strategies for
producers that grow multiple crops or that may have income from the production
of livestock that uses a crop grown on the farm.
(D)
Market
readiness
The Corporation may include coverage for the value of
any packing, packaging, or any other similar on-farm activity the Corporation
determines to be the minimum required in order to remove the commodity from the
field.
(E)
Report
Not
later than 2 years after the date of enactment of this paragraph, the
Corporation shall submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and Forestry of
the Senate a report that describes the results and feasibility of the research
and development conducted under this paragraph, including an analysis of
potential adverse market distortions.
(21)
Study on
poultry catastrophic disease program
(A)
In
general
The Corporation shall
contract with a qualified person to conduct a study to determine the
feasibility of insuring poultry producers for a catastrophic event.
(B)
Report
Not later than 1 year after the date of the
enactment of this paragraph, the Corporation shall submit to the Committee on
Agriculture of the House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report that describes the results of
the study conducted under subparagraph (A).
(22)
Poultry
business interruption insurance policy
(A)
Authority
The Corporation shall offer to enter into a
contract or cooperative agreement with a university or other legal entity to
carry out research and development regarding a policy to insure the commercial
production of poultry against business interruptions caused by integrator
bankruptcy.
(B)
Research and
development
As part of the research and development conducted
pursuant to a contract or cooperative agreement entered into under subparagraph
(A), the entity shall—
(i) evaluate the market place for business
interruption insurance that is available to poultry growers;
(ii) determine what statutory authority would be
necessary to implement a business interruption insurance through the
Corporation;
(iii) assess the feasibility of a policy or plan
of insurance offered under this subtitle to insure against losses due to the
bankruptcy of an business integrator; and
(iv) analyze the costs
to the Federal Government of a Federal business interruption insurance program
for poultry growers.
(C)
Definitions
In this paragraph, the terms
poultry and poultry grower have the meanings
given those terms in section 2(a) of the Packers and Stockyards Act, 1921 (7
U.S.C. 182(a)).
(D)
Deadline for
contract or cooperative agreement
Not later than six months after the date of
the enactment of this paragraph, the Corporation shall enter into the contract
or cooperative agreement required by subparagraph (A).
(E)
Deadline for
completion of research and development
Not later than one year after the date of
the enactment of this paragraph, the Corporation shall submit to the Committee
on Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report that describes the
results of the research and development conducted pursuant to the contract or
cooperative agreement entered into under subparagraph
(A).
.
11022.
Program
compliance partnerships
Paragraph (1) of section 522(d) of the
Federal Crop Insurance Act (7 U.S.C. 1522(d)) is amended to read as
follows:
(1)
Purpose
The purpose of this subsection is to
authorize the Corporation to enter into partnerships with public and private
entities for the purpose of either—
(A) increasing the
availability of loss mitigation, financial, and other risk management tools for
producers, with a priority given to risk management tools for producers of
agricultural commodities covered by section 196 of the Agricultural Market
Transition Act (7 U.S.C. 7333), specialty crops, and underserved agricultural
commodities; or
(B) improving analysis
tools and technology regarding compliance or identifying and using innovative
compliance
strategies.
.
11023.
Pilot
programs
Section 523(a) of the
Federal Crop Insurance Act (7 U.S.C. 1523(a)) is amended—
(1) in paragraph (1),
by inserting , at the sole discretion of the Corporation, after
may; and
(2) by striking
paragraph (5).
11024.
Technical
amendments
(a)
Eligibility for
department programs
Section
508(b) of the Federal Crop Insurance Act (7 U.S.C. 1508(b)) is amended—
(1) by striking paragraph (7); and
(2) by redesignating
paragraphs (8) through (11) as paragraphs (7) through (10),
respectively.
(b)
Exclusions to
assistance for losses due to drought conditions
(1)
In
general
Section 531(d)(3)(A) of the Federal Crop Insurance Act (7
U.S.C. 1531(d)(3)(A)) is amended—
(A) by striking
(A) Eligible
losses.— and all that follows through An
eligible in clause (i) and inserting the following:
(A)
Eligible
losses
An eligible
;
(B) by striking clause
(ii); and
(C) by redesignating
subclauses (I) and (II) as clauses (i) and (ii), respectively, and indenting
appropriately.
(2)
Conforming
amendment
Section 901(d)(3)(A) of the Trade Act of 1974 (19
U.S.C. 2497(d)(3)(A)) is amended—
(A) by striking
(A) Eligible
losses.— and all that follows through An
eligible in clause (i) and inserting the following:
(A)
Eligible
losses
An eligible
;
(B) by striking clause
(ii); and
(C) by redesignating
subclauses (I) and (II) as clauses (i) and (ii), respectively, and indenting
appropriately.
XII
Miscellaneous
A
Livestock
12101.
National
Sheep Industry Improvement Center
Section 375(e)(6)(C) of the Consolidated
Farm and Rural Development Act (7 U.S.C. 2008j(e)(6)(C)) is amended by striking
2012 and inserting 2018.
12102.
Trichinae
certification program
(a)
Alternative
certification process
The
Secretary of Agriculture shall amend the rule made under paragraph (2) of
section 11010(a) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C.
8304(a)) to implement the voluntary trichinae certification program established
under paragraph (1) of such section, to include a requirement to establish an
alternative trichinae certification process based on surveillance or other
methods consistent with international standards for categorizing compartments
as having negligible risk for trichinae.
(b)
Final
regulations
Not later than one year after the date on which the
international standards referred to in subsection (a) are adopted, the
Secretary shall finalize the rule amended under such subsection.
(c)
Reauthorization
Section 10405(d)(1) of the Animal Health
Protection Act (7 U.S.C. 8304(d)(1)) is amended in subparagraphs (A) and (B) by
striking 2012 each place it appears and inserting
2018.
12103.
National
Aquatic Animal Health Plan
Section 11013(d) of the Food, Conservation,
and Energy Act of 2008 (7 U.S.C. 8322(d)) is amended by striking
2012 and inserting 2018.
12104.
Country of origin
labeling
(a)
In
general
Not later than 180
days after the date of the enactment of this Act, the Secretary of Agriculture,
acting through the Office of the Chief Economist, shall conduct an economic
analysis of the proposed rule entitled Mandatory Country of Origin
Labeling of Beef, Pork, Lamb, Chicken, Goat Meat, Wild and Farm-raised Fish and
Shellfish, Perishable Agricultural Commodities, Peanuts, Pecans, Ginseng and
Macadamia Nuts published by the Department of Agriculture on March 12,
2013 (76 Fed. Reg. 15645).
(b)
Contents
The economic analysis described in
subsection (a) shall include, with respect to the labeling of beef, pork, and
chicken, an analysis of the impact on consumers, producers, and packers in the
United States of—
(1) the implentation of subtitle D of the
Agricultural Marketing Act of 1946 (7 U.S.C. 1638 et seq.); and
(2) the proposed rule
referred to in subsection (a).
12105.
National animal
health laboratory network
Subtitle E of title X of the Farm Security
and Rural Investment Act of 2002 (7 U.S.C. 8301 et seq.) is amended by
inserting after section 10409 the following new section:
10409A.
National
animal health laboratory network
(a)
In
general
The Secretary shall
enter into contracts, grants, cooperative agreements, or other legal
instruments with eligible laboratories for any of the following
purposes:
(1) To enhance the capability of the Secretary
to detect, and respond in a timely manner to, emerging or existing threats to
animal health and to support the protection of public health, the environment,
and the agricultural economy of the United States.
(2) To provide the capacity and capability for
standardized—
(A) test procedures, reference materials, and
equipment;
(B) laboratory biosafety and biosecurity
levels;
(C) quality management system
requirements;
(D) interconnected electronic reporting and
transmission of data; and
(E) evaluation for emergency
preparedness.
(3) To coordinate the development,
implementation, and enhancement of national veterinary diagnostic laboratory
capabilities, with special emphasis on surveillance planning and vulnerability
analysis, technology development and validation, training, and outreach.
(b)
Eligibility
An eligible laboratory under this section
is a diagnostic laboratory meeting specific criteria developed by the
Secretary, in consultation with State animal health officials and State and
university veterinary diagnostic laboratories.
(c)
Priority
To the extent practicable and to the extent
capacity and specialized expertise may be necessary, the Secretary shall give
priority to existing Federal, State, and university facilities.
(d)
Authorization of
appropriations
There are
authorized to be appropriated to carry out this section $15,000,000 for each of
fiscal years 2014 through
2018.
.
B
Socially
disadvantaged producers and limited resource producers
12201.
Outreach and
assistance for socially disadvantaged farmers and ranchers and veteran farmers
and ranchers
(a)
Outreach and
assistance for socially disadvantaged farmers and ranchers and veteran farmers
and ranchers
Section 2501 of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 2279) is amended—
(1) in the section
heading, by inserting and
veteran farmers and ranchers after
ranchers;
(2) in subsection
(a)—
(A) in paragraph (1), by inserting and
veteran farmers or ranchers after ranchers;
(B) in paragraph
(2)(B)(i), by inserting and veteran farmers or ranchers after
ranchers; and
(C) in paragraph
(4)—
(i) in
subparagraph (A)—
(I) in the heading of
such subparagraph, by striking 2012 and
insering 2018;
(II) in clause (i), by
striking and at the end;
(III) in clause (ii),
by striking the period at the end and inserting ; and;
and
(IV) by adding at the
end the following new clause:
(iii) $10,000,000 for
each of fiscal years 2014 through 2018.
;
and
(ii) by
adding at the end the following new subparagraph:
(E)
Authorization of
appropriations
There are authorized to be appropriated to carry
out this section $20,000,000 for each of fiscal years 2014 through
2018.
;
(3) in subsection
(b)(2), by inserting or veteran farmers and ranchers after
socially disadvantaged farmers and ranchers;
(4) in subsection
(c)—
(A) in paragraph
(1)(A), by inserting veteran farmers or ranchers and before
members; and
(B) in paragraph
(2)(A), by inserting veteran farmers or ranchers and before
members; and
(5) in subsection (e)(5)(A)—
(A) in clause (i), by
inserting and veteran farmers or ranchers after
ranchers; and
(B) in clause (ii), by inserting and
veteran farmers or ranchers after ranchers.
(b)
Definition of
veteran farmer or rancher
Section 2501(e) of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(e)) is amended
by adding at the end the following new paragraph:
(7)
Veteran farmer
or rancher
The term veteran farmer or rancher
means a farmer or rancher who served in the active military, naval, or air
service, and who was discharged or released from the service under conditions
other than
dishonorable.
.
12202.
Office of Advocacy
and Outreach
Paragraph (3) of
section 226B(f) of the Department of Agriculture Reorganization Act of 1994 (7
U.S.C. 6934(f)) is amended to read as follows:
(3)
Authorization of
appropriations
There are
authorized to be appropriated to carry out this subsection—
(A) such sums as are
necessary for each of fiscal years 2009 through 2013; and
(B) $2,000,000 for
each of fiscal years 2014 through
2018.
.
C
Other
miscellaneous provisions
12301.
Grants to
improve supply, stability, safety, and training of agricultural labor
force
Subsection (d) of
section 14204 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C.
2008q–1) is amended to read as follows:
(d)
Authorization of
appropriations
There are
authorized to be appropriated to carry out this section—
(1) such sums as are
necessary for each of fiscal years 2008 through 2013; and
(2) $10,000,000 for
each of fiscal years 2014 through
2018.
.
12302.
Program
benefit eligibility status for participants in high plains water
study
Section 2901 of the
Food, Conservation, and Energy Act of 2008 (Public Law 110–246; 122 Stat. 1818)
is amended by striking this Act or an amendment made by this Act
and inserting this Act, an amendment made by this Act, the
Federal Agriculture Reform and Risk
Management Act of 2013, or an amendment made by the
Federal Agriculture Reform and Risk
Management Act of 2013.
12303.
Office of
Tribal Relations
(a)
In
general
Title III of the
Federal Crop Insurance Reform and Department of Agriculture Reorganization Act
of 1994 is amended by adding after section 308 (7 U.S.C. 3125a note; Public Law
103–354) the following new section:
309.
Office of
Tribal Relations
The Secretary
shall establish in the Office of the Secretary an Office of Tribal Relations to
advise the Secretary on policies related to Indian
tribes.
.
(b)
Conforming
amendment
Section 296(b) of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 7014(b)) is amended by inserting after
paragraph (8), as added by section 3207, the following new paragraph:
(9) the authority of
the Secretary to establish in the Office of the Secretary the Office of Tribal
Relations in accordance with section 309;
and
.
12304.
Military
Veterans Agricultural Liaison
(a)
In
general
Subtitle A of the
Department of Agriculture Reorganization Act of 1994 is amended by inserting
after section 218 (7 U.S.C. 6918) the following new section:
219.
Military
Veterans Agricultural Liaison
(a)
Authorization
The
Secretary shall establish in the Department the position of Military Veterans
Agricultural Liaison.
(b)
Duties
The
Military Veterans Agricultural Liaison shall—
(1) provide
information to returning veterans about, and connect returning veterans with,
beginning farmer training and agricultural vocational and rehabilitation
programs appropriate to the needs and interests of returning veterans,
including assisting veterans in using Federal veterans educational benefits for
purposes relating to beginning a farming or ranching career;
(2) provide
information to veterans concerning the availability of and eligibility
requirements for participation in agricultural programs, with particular
emphasis on beginning farmer and rancher programs;
(3) serve as a
resource for assisting veteran farmers and ranchers, and potential farmers and
ranchers, in applying for participation in agricultural programs; and
(4) advocate on behalf
of veterans in interactions with employees of the
Department.
.
(b)
Conforming
amendment
Section 296(b) of
the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 7014(b)) is
amended by inserting after paragraph (9), as added by section 12303, the
following new paragraph:
(10) the authority of
the Secretary to establish in the Department the position of Military Veterans
Agricultural Liaison in accordance with section
219.
.
12305.
Prohibition
on keeping GSA leased cars overnight
A Federal employee of a State office of the
Farm Service Agency in the field and non-Federal employees of county and area
committees established under section 8(b)(5) of the Soil Conservation and
Domestic Allotment Act (16 U.S.C. 590h(b)(5)) shall keep leased interagency
motor pool vehicles at a location listed on the General Services Administration
inventory of owned and leased properties or a location owned or leased by the
Department of Agriculture overnight unless the employee assigned the vehicle is
on overnight, approved travel status involving per diem.
12306.
Noninsured crop assistance
program
Section 196 of the
Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333), as
amended by section 11013(b), is further amended—
(1) in subsection (a)—
(A) by striking paragraph (1) and inserting the
following new paragraph:
(1)
In general
(A)
Coverages
In the case of an eligible crop described
in paragraph (2), the Secretary of Agriculture shall operate a noninsured crop
disaster assistance program to provide coverages based on individual yields
(other than for value-loss crops) equivalent to—
(i) catastrophic risk protection available
under section 508(b) of the Federal Crop Insurance Act (7 U.S.C. 1508(b));
or
(ii) additional coverage available under
subsections (c) and (h) of section 508 of that Act (7 U.S.C. 1508) that does
not exceed 65 percent.
(B)
Administration
The Secretary shall carry out this section
through the Farm Service Agency (referred to in this section as the
Agency).
;
and
(B) in paragraph (2)—
(i) in subparagraph (A)—
(I) in clause (i), by
striking and after the semicolon at the end;
(II) by redesignating clause (ii) as clause
(iii); and
(III) by inserting after clause (i) the following
new clause:
(ii) for which additional coverage under
subsections (c) and (h) of section 508 of that Act (7 U.S.C. 1508) is not
available; and
;
and
(ii) in subparagraph (B), by inserting
sweet sorghum, biomass sorghum, before and industrial
crops;
(2) in subsection (d), by striking The
Secretary and inserting Subject to subsection (l), the
Secretary; and
(3) by adding at the end the following new
subsection:
(l)
Payment equivalent to additional
coverage
(1)
In general
The Secretary shall make available to a
producer eligible for noninsured assistance under this section a payment
equivalent to an indemnity for additional coverage under subsections (c) and
(h) of section 508 of the Federal Crop Insurance Act (7 U.S.C. 1508) that does
not exceed 65 percent of the established yield for the eligible crop on the
farm, computed by multiplying—
(A) the quantity that is not greater than 65
percent of the established yield for the crop, as determined by the Secretary,
specified in increments of 5 percent;
(B) 100 percent of the average market price for
the crop, as determined by the Secretary; and
(C) a payment rate for the type of crop, as
determined by the Secretary, that reflects—
(i) in the case of a crop that is produced with
a significant and variable harvesting expense, the decreasing cost incurred in
the production cycle for the crop that is, as applicable—
(I) harvested;
(II) planted but not harvested; or
(III) prevented from being planted because of
drought, flood, or other natural disaster, as determined by the Secretary;
or
(ii) in the case of a crop that is produced
without a significant and variable harvesting expense, such rate as shall be
determined by the Secretary.
(2)
Premium
To be eligible to receive a payment under
this subsection, a producer shall pay—
(A) the service fee required by subsection (k);
and
(B) a premium for the applicable crop year that
is equal to the product obtained by multiplying—
(i) the number of
acres devoted to the eligible crop;
(ii) the established
yield for the eligible crop, as determined by the Secretary under subsection
(e);
(iii) the coverage
level elected by the producer;
(iv) the average
market price, as determined by the Secretary; and
(v) .0525.
(3)
Limited resource, beginning, and socially
disadvantaged farmers
The
additional coverage made available under this subsection shall be available to
limited resource, beginning, and socially disadvantaged producers, as
determined by the Secretary, in exchange for a premium that is 50 percent of
the premium determined for a producer under paragraph (2).
(4)
Premium Payment
and Application Deadline
(A)
Premium
payment
A producer electing
additional coverage under this subsection shall pay the premium amount owed for
the additional coverage by September 30 of the crop year for which the
additional coverage is purchased.
(B)
Application
Deadline
The latest date on which additional coverage under this
subsection may be elected shall be the application closing date described in
subsection (b)(1).
(5)
Effective
date
Additional coverage under this subsection shall be available
beginning with the 2015
crop.
.
12307.
Ensuring high
standards for agency use of scientific information
(a)
Requirement for
final guidelines
Not later than January 1, 2014, each Federal
agency shall have in effect guidelines for ensuring and maximizing the quality,
objectivity, utility, and integrity of scientific information relied upon by
such agency.
(b)
Content of
guidelines
The guidelines described in subsection (a), with
respect to a Federal agency, shall ensure that—
(1) when scientific
information is considered by the agency in policy decisions—
(A) the information is
subject to well-established scientific processes, including peer review where
appropriate;
(B) the agency
appropriately applies the scientific information to the policy decision;
(C) except for
information that is protected from disclosure by law or administrative
practice, the agency makes available to the public the scientific information
considered by the agency;
(D) the agency gives
greatest weight to information that is based on experimental, empirical,
quantifiable, and reproducible data that is developed in accordance with
well-established scientific processes; and
(E) with respect to
any proposed rule issued by the agency, such agency follows procedures that
include, to the extent feasible and permitted by law, an opportunity for public
comment on all relevant scientific findings;
(2) the agency has
procedures in place to make policy decisions only on the basis of the best
reasonably obtainable scientific, technical, economic, and other evidence and
information concerning the need for, consequences of, and alternatives to the
decision; and
(3) the agency has in
place procedures to identify and address instances in which the integrity of
scientific information considered by the agency may have been compromised,
including instances in which such information may have been the product of a
scientific process that was compromised.
(c)
Approval needed
for policy decisions To take effect
No policy decision issued
after January 1, 2014, by an agency subject to this section may take effect
prior to such date that the agency has in effect guidelines under subsection
(a) that have been approved by the Director of the Office of Science and
Technology Policy.
(d)
Policy decisions
not in compliance
(1)
In
general
Subject to paragraph (2), a policy decision of an agency
that does not comply with guidelines approved under subsection (c) shall be
deemed to be arbitrary, capricious, an abuse of discretion, and otherwise not
in accordance with law.
(2)
Exception
This subsection shall not apply to policy
decisions that are deemed to be necessary because of an imminent threat to
health or safety or because of another emergency.
(e)
Definitions
For
purposes of this section:
(1)
Agency
The
term agency has the meaning given such term in section 551(1) of
title 5, United States Code.
(2)
Policy
decision
The term policy decision means, with
respect to an agency, an agency action as defined in section 551(13) of title
5, United States Code, (other than an adjudication, as defined in section
551(7) of such title), and includes—
(A) the listing,
labeling, or other identification of a substance, product, or activity as
hazardous or creating risk to human health, safety, or the environment;
and
(B) agency
guidance.
(3)
Agency
guidance
The term agency guidance means an agency
statement of general applicability and future effect, other than a regulatory
action, that sets forth a policy on a statutory, regulatory, or technical issue
or on an interpretation of a statutory or regulatory issue.
June 10, 2013
The Committee on
Foreign Affairs discharged
June 10, 2013
Reported from the Committee on the Judiciary with
amendments, committed to the Committee of the Whole House on the State of the
Union, and ordered to be printed