Library / Laws / 113th / hr / H.R. 2642 / Placed on Calendar (Senate)
II
Calendar No. 136
113th CONGRESS
1st Session
H. R. 2642
IN THE SENATE OF THE UNITED
STATES
July 16 (legislative
day, July 15), 2013
Received; read twice and placed on the
calendar
AN ACT
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.
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 Insurance Program
Sec. 1401. Dairy producer margin insurance program.
Sec. 1402. Rulemaking.
Part II—Repeal or reauthorization of other dairy-related
provisions
Sec. 1411. Repeal of dairy product price support and milk
income loss contract programs.
Sec. 1412. Repeal of dairy export incentive
program.
Sec. 1413. Extension of dairy forward pricing
program.
Sec. 1414. Extension of dairy indemnity program.
Sec. 1415. Extension of dairy promotion and research
program.
Sec. 1416. Repeal of Federal Milk Marketing Order Review
Commission.
Part III—Effective date
Sec. 1421. Effective date.
Subtitle E—Supplemental Agricultural Disaster Assistance
Programs
Sec. 1501. Supplemental agricultural disaster
assistance.
Sec. 1502. National Drought Council and National Drought Policy
Action Plan.
Subtitle F—Administration
Sec. 1601. Administration generally.
Sec. 1602. Repeal of permanent price support
authority.
Sec. 1603. Payment limitations.
Sec. 1603A. Payments limited to active farmers.
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.
Sec. 2507. Emergency watershed protection 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.
Sec. 2609. Wetlands mitigation.
Sec. 2610. Lesser prairie-chicken conservation
report.
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.
Sec. 3208. Department of Agriculture certificates of
origin.
Title IV—Credit
Subtitle A—Farm ownership loans
Sec. 4001. Eligibility for farm ownership loans.
Sec. 4002. Conservation loan and loan guarantee
program.
Sec. 4003. Down payment loan program.
Sec. 4004. Elimination of mineral rights appraisal
requirement.
Subtitle B—Operating loans
Sec. 4101. Eligibility for farm operating loans.
Sec. 4102. Elimination of rural residency requirement for
operating loans to youth.
Sec. 4103. Authority to waive personal liability for youth
loans due to circumstances beyond borrower control.
Sec. 4104. Microloans.
Subtitle C—Emergency loans
Sec. 4201. Eligibility for emergency loans.
Subtitle D—Administrative provisions
Sec. 4301. Beginning farmer and rancher individual development
accounts pilot program.
Sec. 4302. Eligible beginning farmers and ranchers.
Sec. 4303. Loan authorization levels.
Sec. 4304. Priority for participation loans.
Sec. 4305. Loan fund set-asides.
Sec. 4306. Conforming amendment to borrower training provision,
relating to eligibility changes.
Subtitle E—State agricultural mediation programs
Sec. 4401. State agricultural mediation programs.
Subtitle F—Loans to purchasers of highly fractionated
land
Sec. 4501. Loans to purchasers of highly fractionated
land.
Title V—Rural development
Subtitle A—Consolidated Farm and Rural Development
Act
Sec. 5001. Water, waste disposal, and wastewater facility
grants.
Sec. 5002. Rural business opportunity grants.
Sec. 5003. Elimination of reservation of community facilities
grant program funds.
Sec. 5004. Utilization of loan guarantees for community
facilities.
Sec. 5005. Rural water and wastewater circuit rider
program.
Sec. 5006. Tribal college and university essential community
facilities.
Sec. 5007. Essential community facilities technical assistance
and training.
Sec. 5008. Emergency and imminent community water assistance
grant program.
Sec. 5009. Household water well systems.
Sec. 5010. Rural business and industry loan
program.
Sec. 5011. Rural cooperative development grants.
Sec. 5012. Locally or regionally produced agricultural food
products.
Sec. 5013. Intermediary relending program.
Sec. 5014. Rural college coordinated strategy.
Sec. 5015. Rural water and waste disposal
infrastructure.
Sec. 5016. Simplified applications.
Sec. 5017. Grants for NOAA weather radio
transmitters.
Sec. 5018. Rural microentrepreneur assistance
program.
Sec. 5019. Delta Regional Authority.
Sec. 5020. Northern Great Plains Regional
Authority.
Sec. 5021. Rural business investment program.
Subtitle B—Rural Electrification Act of 1936
Sec. 5101. Relending for certain purposes.
Sec. 5102. Fees for certain loan guarantees.
Sec. 5103. Rural utilities service contracting
authority.
Sec. 5104. Guarantees for bonds and notes issued for
electrification or telephone purposes.
Sec. 5105. Expansion of 911 access.
Sec. 5106. Access to broadband telecommunications services in
rural areas.
Subtitle C—Miscellaneous
Sec. 5201. Distance learning and telemedicine.
Sec. 5202. Value-added agricultural market development program
grants.
Sec. 5203. Agriculture innovation center demonstration
program.
Sec. 5204. Program metrics.
Sec. 5205. Study of rural transportation issues.
Sec. 5206. Certain Federal actions not to be considered
major.
Sec. 5207. Telemedicine and distance learning services in rural
areas.
Sec. 5208. Regional economic and infrastructure
development.
Title VI—Research, Extension, and Related Matters
Subtitle A—National Agricultural Research, Extension, and
Teaching Policy Act of 1977
Sec. 6101. Option to be included as non-land-grant college of
agriculture.
Sec. 6102. National Agricultural Research, Extension,
Education, and Economics Advisory Board.
Sec. 6103. Specialty crop committee.
Sec. 6104. Veterinary services grant program.
Sec. 6105. Grants and fellowships for food and agriculture
sciences education.
Sec. 6106. Policy research centers.
Sec. 6107. Repeal of human nutrition intervention and health
promotion research program.
Sec. 6108. Repeal of pilot research program to combine medical
and agricultural research.
Sec. 6109. Nutrition education program.
Sec. 6110. Continuing animal health and disease research
programs.
Sec. 6111. Repeal of appropriations for research on national or
regional problems.
Sec. 6112. Grants to upgrade agricultural and food sciences
facilities at 1890 land-grant colleges, including Tuskegee
University.
Sec. 6113. Grants to upgrade agriculture and food science
facilities and equipment at insular area land-grant institutions.
Sec. 6114. Repeal of national research and training virtual
centers.
Sec. 6115. Hispanic-serving institutions.
Sec. 6116. Competitive Grants Program for Hispanic Agricultural
Workers and Youth.
Sec. 6117. Competitive grants for international agricultural
science and education programs.
Sec. 6118. Repeal of research equipment grants.
Sec. 6119. University research.
Sec. 6120. Extension service.
Sec. 6121. Auditing, reporting, bookkeeping, and administrative
requirements.
Sec. 6122. Supplemental and alternative crops.
Sec. 6123. Capacity building grants for NLGCA
institutions.
Sec. 6124. Aquaculture assistance programs.
Sec. 6125. Rangeland research programs.
Sec. 6126. Special authorization for biosecurity planning and
response.
Sec. 6127. Distance education and resident instruction grants
program for insular area institutions of higher education.
Sec. 6128. Matching funds requirement.
Sec. 6129. Sense of Congress regarding expansion of the land
grant program to include enhanced funding and additional
institutions.
Subtitle B—Food, Agriculture, Conservation, and Trade Act of
1990
Sec. 6201. Best utilization of biological
applications.
Sec. 6202. Integrated management systems.
Sec. 6203. Sustainable agriculture technology development and
transfer program.
Sec. 6204. National training program.
Sec. 6205. National Genetics Resources Program.
Sec. 6206. Repeal of National Agricultural Weather Information
System.
Sec. 6207. Repeal of rural electronic commerce extension
program.
Sec. 6208. Repeal of agricultural genome
initiative.
Sec. 6209. High-priority research and extension
initiatives.
Sec. 6210. Repeal of nutrient management research and extension
initiative.
Sec. 6211. Organic agriculture research and extension
initiative.
Sec. 6212. Repeal of agricultural bioenergy feedstock and
energy efficiency research and extension initiative.
Sec. 6213. Farm business management.
Sec. 6214. Centers of excellence.
Sec. 6215. Repeal of red meat safety research
center.
Sec. 6216. Assistive technology program for farmers with
disabilities.
Sec. 6217. National rural information center
clearinghouse.
Subtitle C—Agricultural Research, Extension, and Education
Reform Act of 1998
Sec. 6301. Relevance and merit of agricultural research,
extension, and education funded by the Department.
Sec. 6302. Integrated research, education, and extension
competitive grants program.
Sec. 6303. Repeal of coordinated program of research,
extension, and education to improve viability of small and medium size dairy,
livestock, and poultry operations.
Sec. 6304. Fusarium Graminearum grants.
Sec. 6305. Repeal of Bovine Johne's disease control
program.
Sec. 6306. Grants for youth organizations.
Sec. 6307. Specialty crop research initiative.
Sec. 6308. Food animal residue avoidance database
program.
Sec. 6309. Repeal of national swine research
center.
Sec. 6310. Office of pest management policy.
Sec. 6311. Repeal of studies of agricultural research,
extension, and education.
Subtitle D—Other Laws
Sec. 6401. Critical Agricultural Materials Act.
Sec. 6402. Equity in Educational Land-Grant Status Act of
1994.
Sec. 6403. Research Facilities Act.
Sec. 6404. Repeal of carbon cycle research.
Sec. 6405. Competitive, Special, and Facilities Research Grant
Act.
Sec. 6406. Renewable Resources Extension Act of
1978.
Sec. 6407. National Aquaculture Act of
1980.
Sec. 6408. Repeal of use of remote sensing data.
Sec. 6409. Repeal of reports under Farm Security and Rural
Investment Act of 2002.
Sec. 6410. Beginning farmer and rancher development
program.
Sec. 6411. Inclusion of American Samoa, Federated States of
Micronesia, and 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. 6501. Agricultural biosecurity communication
center.
Sec. 6502. Assistance to build local capacity in agricultural
biosecurity planning, preparation, and response.
Sec. 6503. Research and development of agricultural
countermeasures.
Sec. 6504. Agricultural biosecurity grant program.
Part 2—Miscellaneous
Sec. 6511. Enhanced use lease authority pilot
program.
Sec. 6512. Grazinglands research laboratory.
Sec. 6513. Budget submission and funding.
Sec. 6514. Research and education grants for the study of
antibiotic-resistant bacteria.
Sec. 6515. Repeal of farm and ranch stress assistance
network.
Sec. 6516. Repeal of seed distribution.
Sec. 6517. Natural products research program.
Sec. 6518. Sun grant program.
Sec. 6519. Repeal of study and report on food
deserts.
Sec. 6520. Repeal of agricultural and rural transportation
research and education.
Subtitle F—Miscellaneous provisions
Sec. 6601. Agreements with nonprofit organizations for National
Arboretum.
Sec. 6602. Cotton Disease Research Report.
Sec. 6603. Acceptance of facility for Agricultural Research
Service.
Sec. 6604. Miscellaneous technical corrections.
Sec. 6605. Legitimacy of industrial hemp research.
Title VII—Forestry
Subtitle A—Repeal of Certain Forestry Programs
Sec. 7001. Forest land enhancement program.
Sec. 7002. Watershed forestry assistance program.
Sec. 7003. Expired cooperative national forest products
marketing program.
Sec. 7004. Hispanic-serving institution agricultural land
national resources leadership program.
Sec. 7005. Tribal watershed forestry assistance
program.
Sec. 7006. Separate Forest Service decisionmaking and appeals
process.
Subtitle B—Reauthorization of Cooperative Forestry Assistance
Act of 1978 Programs
Sec. 7101. State-wide assessment and strategies for forest
resources.
Sec. 7102. Forest Legacy Program.
Sec. 7103. Community forest and open space conservation
program.
Subtitle C—Reauthorization of Other Forestry-Related
Laws
Sec. 7201. Rural revitalization technologies.
Sec. 7202. Office of International Forestry.
Sec. 7203. Change in funding source for healthy forests reserve
program.
Sec. 7204. Stewardship end result contracting project
authority.
Subtitle D—National Forest Critical Area Response
Sec. 7301. Definitions.
Sec. 7302. Designation of critical areas.
Sec. 7303. Application of expedited procedures and activities
of the Healthy Forests Restoration Act of 2003 to critical areas.
Sec. 7304. Good neighbor authority.
Subtitle E—Miscellaneous Provisions
Sec. 7401. Revision of strategic plan for forest inventory and
analysis.
Sec. 7402. Forest Service participation in ACES
Program.
Sec. 7403. Green science and technology transfer research under
Forest and Rangeland Renewable Resources Research Act of 1978.
Sec. 7404. Extension of stewardship contracts authority
regarding use of designation by prescription to all thinning sales under
National Forest Management Act of 1976.
Sec. 7405. Reimbursement of fire funds expended by a State for
management and suppression of certain wildfires.
Sec. 7406. Ability of National Forest System lands to meet
needs of local wood producing facilities for raw materials.
Sec. 7407. Report on the National Forest System
roads.
Sec. 7408. Forest Service large airtanker and aerial asset
firefighting recapitalization pilot program.
Sec. 7409. Land conveyance, Jefferson National Forest in Wise
County, Virginia.
Sec. 7410. Categorical exclusion for forest projects in
response to emergencies.
Title VIII—Energy
Sec. 8001. Definition of renewable energy system.
Sec. 8002. Biobased markets program.
Sec. 8003. Biorefinery assistance.
Sec. 8004. Repowering assistance program.
Sec. 8005. Bioenergy Program for Advanced Biofuels.
Sec. 8006. Biodiesel Fuel Education Program.
Sec. 8007. Rural Energy for America Program.
Sec. 8008. Biomass Research and Development.
Sec. 8009. Feedstock Flexibility Program for Bioenergy
Producers.
Sec. 8010. Biomass Crop Assistance Program.
Sec. 8011. Community wood energy program.
Sec. 8012. Repeal of biofuels infrastructure study.
Sec. 8013. Repeal of renewable fertilizer study.
Sec. 8014. Energy efficiency report for USDA
facilities.
Title IX—Horticulture
Sec. 9001. Specialty crops market news allocation.
Sec. 9002. Repeal of grant program to improve movement of
specialty crops.
Sec. 9003. Farmers market and local food promotion
program.
Sec. 9004. Organic agriculture.
Sec. 9005. Investigations and enforcement of the Organic Foods
Production Act of 1990.
Sec. 9006. Food safety education initiatives.
Sec. 9007. Specialty crop block grants.
Sec. 9008. Department of Agriculture consultation regarding
enforcement of certain labor law provisions.
Sec. 9009. Report on honey.
Sec. 9010. Bulk shipments of apples to Canada.
Sec. 9011. Consolidation of plant pest and disease management
and disaster prevention programs.
Sec. 9012. Modification, cancellation, or suspension on basis
of a biological opinion.
Sec. 9013. Use and discharges of authorized
pesticides.
Sec. 9014. Seed not pesticide or device for purposes of
importation.
Sec. 9015. Stay of regulations related to Christmas Tree
Promotion, Research, and Information Order.
Sec. 9016. Study on proposed order pertaining to sulfuryl
fluoride.
Sec. 9017. Study on local and regional food production and
program evaluation.
Sec. 9018. Annual report on invasive species.
Title X—Crop Insurance
Sec. 10001. Information sharing.
Sec. 10002. Publication of information on violations of
prohibition on premium adjustments.
Sec. 10003. Supplemental coverage option.
Sec. 10004. Premium amounts for catastrophic risk
protection.
Sec. 10005. Repeal of performance-based discount.
Sec. 10006. Permanent enterprise unit subsidy.
Sec. 10007. Enterprise units for irrigated and nonirrigated
crops.
Sec. 10008. Data collection.
Sec. 10009. Adjustment in actual production history to
establish insurable yields.
Sec. 10010. Submission and review of policies.
Sec. 10011. Equitable relief for specialty crop
policies.
Sec. 10012. Budget limitations on renegotiation of the standard
reinsurance agreement.
Sec. 10013. Crop production on native sod.
Sec. 10014. Coverage levels by practice.
Sec. 10015. Beginning farmer and rancher
provisions.
Sec. 10016. Stacked income protection plan for producers of
upland cotton.
Sec. 10017. Peanut revenue crop insurance.
Sec. 10018. Authority to correct errors.
Sec. 10019. Implementation.
Sec. 10020. Research and development priorities.
Sec. 10021. Additional research and development contracting
requirements.
Sec. 10022. Program compliance partnerships.
Sec. 10023. Pilot programs.
Sec. 10024. Technical amendments.
Sec. 10025. Advance public notice of crop insurance policy and
plan changes.
Title XI—Miscellaneous
Subtitle A—Livestock
Sec. 11101. Repeal of the National Sheep Industry Improvement
Center.
Sec. 11102. Repeal of certain regulations under the Packers and
Stockyards Act, 1921.
Sec. 11103. Trichinae certification program.
Sec. 11104. National Aquatic Animal Health Plan.
Sec. 11105. Country of origin labeling.
Sec. 11106. National animal health laboratory
network.
Sec. 11107. Repeal of duplicative catfish inspection
program.
Sec. 11108. National Poultry Improvement Program.
Sec. 11109. Report on bovine tuberculosis in Texas.
Sec. 11110. Economic fraud in wild and farm-raised
seafood.
Subtitle B—Socially disadvantaged producers and limited
resource producers
Sec. 11201. Outreach and assistance for socially disadvantaged
farmers and ranchers and veteran farmers and ranchers.
Sec. 11202. Office of Advocacy and Outreach.
Sec. 11203. Socially Disadvantaged Farmers and Ranchers Policy
Research Center.
Sec. 11204. Receipt for service or denial of service from
certain department of agriculture agencies.
Subtitle C—Other miscellaneous provisions
Sec. 11301. Grants to improve supply, stability, safety, and
training of agricultural labor force.
Sec. 11302. Program benefit eligibility status for participants
in high plains water study.
Sec. 11303. Office of Tribal Relations.
Sec. 11304. Military Veterans Agricultural Liaison.
Sec. 11305. Prohibition on keeping GSA leased cars
overnight.
Sec. 11306. Noninsured crop assistance program.
Sec. 11307. Ensuring high standards for agency use of
scientific information.
Sec. 11308. Evaluation required for purposes of prohibition on
closure or relocation of county offices for the Farm Service
Agency.
Sec. 11309. Acer access and development program.
Sec. 11310. Regulatory review by the Secretary of
Agriculture.
Sec. 11311. Prohibition on attending an animal fighting venture
or causing a minor to attend an animal fighting venture.
Sec. 11312. Prohibition against interference by State and local
governments with production or manufacture of items in other
States.
Sec. 11313. Increased protection for agricultural interests in
the Missouri River Basin.
Sec. 11314. Increased protection for agricultural interests in
the Black Dirt region.
Sec. 11315. Protection of honey bees and other
pollinators.
Sec. 11316. Produce represented as grown in the United States
when it is not in fact grown in the United States.
Sec. 11317. Urban agriculture coordination.
Sec. 11318. Sense of Congress on increased business
opportunities for black farmers, women, minorities, and small
businesses.
Sec. 11319. Sense of Congress regarding agriculture security
programs.
Sec. 11320. Report on water sharing.
Sec. 11321. Scientific and economic analysis of the FDA Food
Safety Modernization Act.
Sec. 11322. Improved Department of Agriculture consideration of
economic impact of regulations on small business.
Sec. 11323. Silvicultural activities.
Sec. 11324. Applicability of Spill Prevention, Control, and
Countermeasure rule.
Sec. 11325. Agricultural producer information
disclosure.
Sec. 11326. Report on National Ocean Policy.
Sec. 11327. Sunsetting of programs.
Subtitle D—Chesapeake Bay Accountability and
Recovery
Sec. 11401. Short title.
Sec. 11402. Chesapeake Bay Crosscut Budget.
Sec. 11403. Restoration through adaptive
management.
Sec. 11404. Independent Evaluator for the Chesapeake Bay
Program.
Sec. 11405. Definitions.
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 sections 1101 and 1302 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 7911, 7952) or sections
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 section 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 the 2014 crop year and each succeeding
crop year, 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 such crop
year 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 the 2014 crop
year or any succeding crop year 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
the 2014 crop year and each succeeding crop year 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 such crop
year 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 the
2014 crop year or any succeeding crop year 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.
(e)
Cap on total
obligations and expenditures
Notwithstanding any other provision of this
section, the total amount of price loss coverage payments and revenue loss
coverage payments made under this section during the period of fiscal years
2014 through 2020 shall not exceed $16,956,500,000. Producer agreements
required by section 1108 shall specifically state that payments made under this
section shall be reduced as necessary to comply with this subsection.
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.
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 the 2014 crops
and each succeeding annual 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 the
2014 crop year and each succeeding crop year, 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 crop year and each succeeding 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 the 2014 crop year and each
succeeding crop year, 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 crop year and each succeeding crop year, 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 crop year and each succeeding crop year, 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 crop year and each succeeding crop year, 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 crop or succeeding annual 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
beginning on August 1, 2014, 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 weeks’ 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, 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 the 2014 crop
and each succeeding annual crop 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
the 2014 crop and each succeeding annual crop 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 the 2012 crop year and each succeeding crop
year.
(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 each of the 2009 through 2012 crop years and inserting
the 2009 crop year and each succeeding crop year.
(3)
Effective
period
Section 156(i) of the Federal Agriculture Improvement and
Reform Act of 1996 (7
U.S.C. 7272(i)) is repealed.
(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 each of the 2008
through 2012 crop years and inserting the 2008 crop year and
each succeeding crop year.
(2)
Effective
period
Section 359i(a) of the Agricultural Adjustment Act of 1938
(7 U.S.C.
1359ii(a)) is amended by striking only for the 2008
through 2012 crop years and inserting for the 2008 crop year and
each succeeding crop year.
D
Dairy
I
Dairy
Producer Margin Insurance Program
1401.
Dairy producer
margin insurance program
Subtitle E of title I of the Food,
Conservation, and Energy Act of 2008 (7 U.S.C. 8771 et seq.) is amended by
adding at the end the following new section:
1511.
Dairy producer margin insurance
program
(a)
Definitions
In this section:
(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 subsection
(b)(2).
(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 reported by the National
Agricultural Statistics Service.
(3)
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 subsection (b)(1) using the
sum of the following:
(A) The product
determined by multiplying—
(i) 1.0728; by
(ii) the price of corn
per bushel.
(B) The product determined by
multiplying—
(i) 0.00735; by
(ii) the price of soybean meal per ton.
(C) The product determined by
multiplying—
(i) 0.0137; by
(ii) the price of alfalfa hay per ton.
(4)
Consecutive
2-month period
The term consecutive 2-month period
refers to the 2-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.
(5)
Dairy
producer
The term dairy
producer means an individual or entity that directly or indirectly (as
determined by the Secretary)—
(A) shares in the risk
of producing milk; and
(B) makes
contributions (including land, labor, management, equipment, or capital) to the
dairy 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.
(6)
Margin insurance
program
The term margin
insurance program means the dairy producer margin insurance program
required by this section.
(7)
Participating
dairy producer
The term participating dairy producer
means a dairy producer that registers under subsection (d)(2) to participate in
the margin insurance program.
(8)
Production
history
The term
production history means the quantity of annual milk marketings
determined for a dairy producer under subsection (e)(1).
(9)
United
States
The term United
States, in a geographical sense, means the 50 States.
(b)
Calculation of
average feed cost and actual dairy producer margins
(1)
Calculation of
average feed cost
The
Secretary shall calculate the national average feed cost for each month using
the following data:
(A) The price of corn for a month shall be the
price received during that month by agricultural producers in the United States
for corn, as reported in the monthly Agriculture Prices report by the
Secretary.
(B) 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.
(C) The price of alfalfa hay for a month shall
be the price received during that month by agricultural producers in the United
States for alfalfa hay, as reported in the monthly Agriculture Prices report by
the Secretary.
(2)
Calculation of
actual dairy producer margins
The Secretary shall calculate the actual
dairy producer margin for each consecutive 2-month period by
subtracting—
(A) the average feed
cost for that consecutive 2-month period, determined in accordance with
paragraph (1); from
(B) the all-milk price
for that consecutive 2-month period.
(c)
Establishment of
dairy producer margin insurance program
The Secretary shall establish and
administer a dairy producer margin insurance program for the purpose of
protecting dairy producer income by paying participating dairy producers margin
insurance payments when actual dairy producer margins are less than the
threshold levels for the payments.
(d)
Eligibility and
registration of dairy producers for margin insurance program
(1)
Eligibility
All dairy producers in the United States
shall be eligible to participate in the margin insurance program.
(2)
Registration
process
(A)
Registration
(i)
Annual
registration
On an annual
basis, the Secretary shall register all interested dairy producers in the
margin insurance program.
(ii)
Manner and
form
The Secretary shall
specify the manner and form by which a dairy producer shall register for the
margin insurance program.
(B)
Treatment of
multi-producer operations
If
a dairy operation consists of more than 1 dairy producer, all of the dairy
producers of the operation shall be treated as a single dairy producer for
purposes of—
(i) purchasing margin
insurance; and
(ii) payment of
producer premiums under subsection (f)(4).
(C)
Treatment of
producers with multiple dairy operations
If a dairy producer operates 2 or more
dairy operations, each dairy operation of the producer shall require a separate
registration to participate and purchase margin insurance.
(3)
Time for
registration
(A)
Existing dairy
producers
During the 1-year period beginning on the date of
enactment of this section, and annually thereafter, a dairy producer that is
actively engaged in a dairy operation as of that date may register with the
Secretary to participate in the margin insurance program.
(B)
New
Entrants
A dairy producer
that has no existing interest in a dairy operation as of the date of enactment
of this section, but that, after that date, establishes a new dairy operation,
may register with the Secretary during the 180-day period beginning on the date
on which the dairy operation first markets milk commercially to participate in
the margin insurance program.
(4)
Retroactivity
(A)
Notice of
availability of retroactive protection
Not later than 30 days after the effective
date of this section, the Secretary shall publish a notice in the Federal
Register to inform dairy producers of the availability of retroactive margin
insurance, 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) to participate in the margin insurance program.
(B)
Retroactive
margin insurance
(i)
Availability
If a dairy producer files a notice of
intent under subparagraph (A) to participate in the margin insurance program
before the initiation of the sign-up period for the margin insurance program
and subsequently signs up for the margin insurance program, the producer shall
receive margin insurance retroactive to the effective date of this
section.
(ii)
Duration
Retroactive margin insurance under this
paragraph for a dairy producer shall apply from the effective date of this
section until the date on which the producer signs up for the margin insurance
program.
(C)
Notice of intent
and obligation to participate
In no way does filing a notice of intent
under this paragraph obligate a dairy producer to sign up for the margin
insurance program once the program rules are final, but if a producer does file
a notice of intent and subsequently signs up for the margin insurance program,
that dairy producer is obligated to pay premiums for any retroactive margin
insurance selected in the notice of intent.
(5)
Reconstitution
The Secretary shall ensure that a dairy
producer does not reconstitute a dairy operation for the sole purpose of
purchasing margin insurance.
(e)
Production
history of participating dairy producers
(1)
Determination of
production history
(A)
In
general
The Secretary shall
determine the production history of the dairy operation of each participating
dairy producer in the margin insurance program.
(B)
Calculation
Except as provided in subparagraphs (C) and
(D), the production history of a participating dairy producer shall be equal to
the highest annual milk marketings of the dairy producer during any 1 of the 3
calendar years immediately preceding the registration of the dairy producer for
participation in the margin insurance program.
(C)
Updating
production history
So long as
a participating producer remains registered, the production history of the
participating producer shall be annually updated based on the highest annual
milk marketings of the dairy producer during any one of the 3 immediately
preceding calendar years.
(D)
New
producers
If a dairy producer
has been in operation for less than 1 year, the Secretary shall determine the
initial production history of the dairy producer under subparagraph (B) by
extrapolating the actual milk marketings for the months that the dairy producer
has been in operation to a yearly amount.
(2)
Required
information
A participating
dairy producer shall provide all information that the Secretary may require in
order to establish the production history of the dairy operation of the dairy
producer.
(3)
Transfer of
production history
(A)
Transfer by
sale
(i)
Request for
transfer
If an existing dairy
producer sells an entire dairy operation to another party, the seller and
purchaser may jointly request that the Secretary transfer to the purchaser the
interest of the seller in the production history of the dairy operation.
(ii)
Transfer
If
the Secretary determines that the seller has sold the entire dairy operation to
the purchaser, the Secretary shall approve the transfer and, thereafter, the
seller shall have no interest in the production history of the sold dairy
operation.
(B)
Transfer by
Lease
(i)
Request for
transfer
If an existing dairy
producer leases an entire dairy operation to another party, the lessor and
lessee may jointly request that the Secretary transfer to the lessee for the
duration of the term of the lease the interest of the lessor in the production
history of the dairy operation.
(ii)
Transfer
If the Secretary determines that the lessor
has leased the entire dairy operation to the lessee, the Secretary shall
approve the transfer and, thereafter, the lessor shall have no interest for the
duration of the term of the lease in the production history of the leased dairy
operation.
(C)
Coverage
level
A purchaser or lessee
to whom the Secretary transfers a production history under this paragraph may
not obtain a different level of margin insurance coverage held by the seller or
lessor from whom the transfer was obtained.
(D)
New
entrants
The Secretary may
not transfer the production history determined for a dairy producer described
in subsection (d)(3)(B) to another person.
(4)
Movement and
transfer of production history
(A)
Movement and
transfer authorized
Subject
to subparagraph (B), if a dairy producer moves from 1 location to another
location, the dairy producer may maintain the production history associated
with the operation.
(B)
Notification
requirement
A dairy producer shall notify the Secretary of any
move of a dairy operation under subparagraph (A).
(C)
Subsequent
occupation of vacated location
A party subsequently occupying a dairy
operation location vacated as described in subparagraph (A) shall have no
interest in the production history previously associated with the operation at
that location.
(f)
Margin
insurance
(1)
In
general
At the time of the
registration of a dairy producer in the margin insurance program under
subsection (d) and annually thereafter during the duration of the margin
insurance program, an eligible dairy producer may purchase margin
insurance.
(2)
Selection of
payment threshold
A
participating dairy producer purchasing margin insurance shall elect a coverage
level in any increment of $0.50, with a minimum of $4.00 and a maximum of
$8.00.
(3)
Selection of
coverage percentage
A
participating dairy producer purchasing margin insurance shall elect a
percentage of coverage, equal to not more than 80 percent nor less than 25
percent, of the production history of the dairy operation of the participating
dairy producer.
(4)
Producer
Premiums
(A)
Premiums
required
A participating
dairy producer that purchases margin insurance shall pay an annual premium
equal to the product obtained by multiplying—
(i) the percentage
selected by the dairy producer under paragraph (3);
(ii) the production
history applicable to the dairy producer; and
(iii) the premium per hundredweight of milk, as
specified in the applicable table under subparagraph (B) or (C).
(B)
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
operation, the premium per hundredweight corresponding to each coverage level
specified in the following table is as follows:
Coverage LevelPremium per Cwt.
$4.00$0.00
$4.50$0.01
$5.00$0.02
$5.50$0.035
$6.00$0.045
$6.50$0.09
$7.00$0.18
$7.50$0.60
$8.00$0.95
(C)
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
operation, the premium per hundredweight corresponding to each coverage level
is as follows:
Coverage LevelPremium per Cwt.
$4.00$0.030
$4.50$0.045
$5.00$0.066
$5.50$0.11
$6.00$0.185
$6.50$0.29
$7.00$0.38
$7.50$0.83
$8.00$1.06
(D)
Time for
payment
(i)
First
year
As soon as practicable
after a dairy producer registers to participate in the margin insurance program
and purchases margin insurance, the dairy producer shall pay the premium
determined under subparagraph (A) for the dairy producer for the first calendar
year of the margin insurance.
(ii)
Subsequent
years
(I)
In
general
When the dairy
producer first purchases margin insurance, the dairy producer shall also elect
the method by which the dairy producer will pay premiums under this subsection
for subsequent years in accordance with 1 of the schedules described in
subclauses (II) and (III).
(II)
Single annual
payment
The participating
dairy producer may elect to pay 100 percent of the annual premium determined
under subparagraph (A) for the dairy producer for a calendar year by not later
than January 15 of the calendar year.
(III)
Semi-annual
payments
The participating
dairy producer may elect to pay—
(aa) 50 percent of the annual premium determined
under subparagraph (A) for the dairy producer for a calendar year by not later
than January 15 of the calendar year; and
(bb) the remaining 50 percent of the premium by
not later than June 15 of the calendar year.
(5)
Producer premium
obligations
(A)
Pro-ration of
first year premium
A participating dairy producer that purchases
margin insurance after initial registration in the margin insurance program
shall pay a pro-rated premium for the first calendar year based on the date on
which the producer purchases the coverage.
(B)
Subsequent
premiums
Except as provided in subparagraph (A), the annual
premium for a participating dairy producer shall be determined under paragraph
(4) for each year in which the margin insurance program is in effect.
(C)
Legal
obligation
(i)
In
general
Except as provided in clauses (ii) and (iii), a
participating dairy producer that purchases margin insurance shall be legally
obligated to pay the applicable premiums for the entire period of the margin
insurance program (as provided in the payment schedule elected under paragraph
(4)(B)), and may not opt out of the margin insurance program.
(ii)
Death
If
the dairy producer dies, the estate of the deceased may cancel the margin
insurance and shall not be responsible for any further premium payments.
(iii)
Retirement
If the dairy producer retires, the producer
may request that Secretary cancel the margin insurance 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 7 years.
(6)
Payment
threshold
A participating
dairy producer with margin insurance shall receive a margin insurance payment
whenever the average actual dairy producer margin for a consecutive 2-month
period is less than the coverage level threshold selected by the dairy producer
under paragraph (2).
(7)
Margin
insurance payments
(A)
In
general
The Secretary shall
make a margin insurance protection payment to each participating dairy producer
whenever the average actual dairy producer margin for a consecutive 2-month
period is less than the coverage level threshold selected by the dairy producer
under paragraph (2).
(B)
Amount of
payment
The margin insurance
payment for the dairy operation of a participating dairy producer shall be
determined as follows:
(i) The Secretary shall calculate the
difference between—
(I) the coverage level threshold selected by
the dairy producer under paragraph (2); and
(II) the average
actual dairy producer margin for the consecutive 2-month period.
(ii) The amount determined under clause (i)
shall be multiplied by—
(I) the percentage selected by the dairy
producer under paragraph (3); and
(II) the lesser of—
(aa) the quotient obtained by dividing—
(AA) the production history applicable to the
producer under subsection (e)(1); by
(BB) 6; and
(bb) the
actual quantity of milk marketed by the dairy operation of the dairy producer
during the consecutive 2-month period.
(g)
Effect of
failure To pay premiums
(1)
Loss of
benefits
A participating
dairy producer that is in arrears on premium payments for margin
insurance—
(A) remains legally obligated to pay the
premiums; and
(B) may not receive margin insurance until the
premiums are fully paid.
(2)
Enforcement
The Secretary may take such action as is
necessary to collect premium payments for margin insurance.
(h)
Use of Commodity
Credit Corporation
The
Secretary shall use the funds, facilities, and the authorities of the Commodity
Credit Corporation to carry out this section.
(i)
Program start
date
The Secretary shall
conduct the margin insurance program beginning on October 1,
2013.
.
1402.
Rulemaking
(a)
Procedure
The promulgation of regulations for the
initiation of the margin insurance program, and for administration of the
margin insurance program, shall be made—
(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) subject to
subsection (b), pursuant to
section
553 of title 5, United States Code.
(b)
Special
rulemaking requirements
(1)
Interim rules
authorized
With respect to
the margin insurance 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 insurance program shall be effective on publication.
(2)
Final
rules
With respect to the
margin insurance 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.
(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..
II
Repeal or
reauthorization of other dairy-related provisions
1411.
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.
1412.
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.
1413.
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.
1414.
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.
1415.
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.
1416.
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
1421.
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 fiscal year 2012 and each succeeding
fiscal year, 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 fiscal year 2012 and each succeeding
fiscal year, 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 fiscal year 2012
and each succeeding fiscal year, 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 fiscal
year 2012 and each succeeding fiscal year, 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.
1502.
National
Drought Council and National Drought Policy Action Plan
(a)
Definitions
In
this section:
(1)
Council
The
term Council means the National Drought Council established by
this section.
(2)
Drought
The
term drought means a natural disaster that is caused by a
deficiency in precipitation—
(A) that may lead to a
deficiency in surface and subsurface water supplies (including rivers, streams,
wetlands, ground water, soil moisture, reservoir supplies, lake levels, and
snow pack); and
(B) that causes or may
cause—
(i) substantial
economic or social impacts; or
(ii) physical damage
or injury to individuals, property, or the environment.
(3)
Indian
tribe
The term Indian tribe has the meaning given
the term in section 4 of the Indian Self-Determination and Education Assistance
Act (25 U.S.C.
450b).
(4)
Member
The
term member, with respect to the National Drought Council, means a
member of the Council specified or appointed under this section or, in the
absence of the member, the member’s designee.
(5)
Mitigation
The
term mitigation means a short- or long-term action, program, or
policy that is implemented in advance of or during a drought to minimize any
risks and impacts of drought.
(6)
Secretary
The
term Secretary means the Secretary of Agriculture.
(7)
State
The
term State means the several States, the District of Columbia,
American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the
Commonwealth of Puerto Rico, and the United States Virgin Islands.
(8)
Trigger
The
term trigger means the thresholds or criteria that must be
satisfied before mitigation or emergency assistance may be provided to an
area—
(A) in which drought
is emerging; or
(B) that is
experiencing a drought.
(9)
Watershed
The
term watershed means a region or area with common hydrology, an
area drained by a waterway that drains into a lake or reservoir, the total area
above a given point on a stream that contributes water to the flow at that
point, or the topographic dividing line from which surface streams flow in two
different directions. In no case shall a watershed be larger than a river
basin.
(10)
Watershed
group
The term watershed group means a group of
individuals, formally recognized by the appropriate State or States, who
represent the broad scope of relevant interests within a watershed and who work
together in a collaborative manner to jointly plan the management of the
natural resources contained within the watershed.
(b)
Effect of
section
This section does not affect—
(1) the authority of a
State to allocate quantities of water under the jurisdiction of the State;
or
(2) any State water
rights established as of the date of enactment of this Act.
(c)
National drought
council
(1)
Establishment
There
is established in the Office of the Secretary of Agriculture a council to be
known as the National Drought Council.
(2)
Membership
(A)
Composition
The
Council shall be composed of—
(i) the
Secretary (or the designee of the Secretary);
(ii) the
Secretary of Commerce (or the designee of the Secretary of Commerce);
(iii) the Secretary of
the Army (or the designee of the Secretary of the Army);
(iv) the
Secretary of the Interior (or the designee of the Secretary of the
Interior);
(v) the
Director of the Federal Emergency Management Agency (or the designee of the
Director);
(vi) the
Administrator of the Environmental Protection Agency (or the designee of the
Administrator);
(vii) 4
members appointed by the Secretary, in coordination with the National Governors
Association, each of whom shall be the Governor of a State (or the designee of
the Governor) and who collectively shall represent the geographic diversity of
the Nation;
(viii) 1
member appointed by the Secretary, in coordination with the National
Association of Counties;
(ix) 1
member appointed by the Secretary, in coordination with the United States
Conference of Mayors;
(x) 1
member appointed by the Secretary of the Interior, in coordination with Indian
tribes, to represent the interests of tribal governments; and
(xi) 1
member appointed by the Secretary, in coordination with the National
Association of Conservation Districts, to represent local soil and water
conservation districts.
(B)
Date of
appointment
The appointment of each member of the Council shall
be made not later than 120 days after the date of enactment of this Act.
(3)
Term;
vacancies
(A)
Term
A
non-Federal member of the Council appointed under paragraph (2) shall be
appointed for a term of two years.
(B)
Vacancies
A
vacancy on the Council—
(i) shall not affect
the powers of the Council; and
(ii) shall be filled
in the same manner as the original appointment was made.
(C)
Terms of members
filling vacancies
Any member appointed to fill a vacancy
occurring before the expiration of the term for which the member’s predecessor
was appointed shall be appointed only for the remainder of that term.
(4)
Meetings
(A)
In
general
The Council shall meet at the call of the
co-chairs.
(B)
Frequency
The
Council shall meet at least semiannually.
(5)
Quorum
A
majority of the members of the Council shall constitute a quorum, but a lesser
number may hold hearings or conduct other business.
(6)
Council
leadership
(A)
In
general
There shall be a Federal co-chair and non-Federal
co-chair of the Council.
(B)
Appointment
(i)
Federal
co-chair
The Secretary shall be the Federal co-chair.
(ii)
Non-Federal
co-chair
The non-Federal members of the Council shall elect, on a
biannual basis, a non-Federal co-chair of the Council from among the members
appointed under paragraph (2).
(d)
Duties of the
council
(1)
In
general
The Council shall—
(A) not later than one
year after the date of the first meeting of the Council, develop a
comprehensive National Drought Policy Action Plan that—
(i)
(I) delineates and
integrates responsibilities for activities relating to drought (including
drought preparedness, mitigation, research, risk management, training, and
emergency relief) among Federal agencies; and
(II) ensures that those activities are
coordinated with the activities of the States, local governments, Indian
tribes, and neighboring countries;
(ii) is
consistent with—
(I) this Act and other
applicable Federal laws; and
(II) the laws and
policies of the States for water management;
(iii) is
integrated with drought management programs of the States, Indian tribes, local
governments, watershed groups, and private entities; and
(iv) avoids
duplicating Federal, State, tribal, local, watershed, and private drought
preparedness and monitoring programs in existence on the date of enactment of
this Act;
(B) evaluate Federal
drought-related programs in existence on the date of enactment of this Act and
make recommendations to Congress and the President on means of
eliminating—
(i) discrepancies
between the goals of the programs and actual service delivery;
(ii) duplication among
programs; and
(iii) any other
circumstances that interfere with the effective operation of the
programs;
(C) make
recommendations to the President, Congress, and appropriate Federal agencies
on—
(i) the
establishment of common interagency triggers for authorizing Federal drought
mitigation programs; and
(ii) improving the
consistency and fairness of assistance among Federal drought relief
programs;
(D) encourage and
facilitate the development of drought preparedness plans under subtitle C,
including establishing the guidelines under this section;
(E) based on a review
of drought preparedness plans, develop and make available to the public drought
planning models to reduce water resource conflicts relating to water
conservation and droughts;
(F) develop and
coordinate public awareness activities to provide the public with access to
understandable and informative materials on drought, including—
(i) explanations of
the causes of drought, the impacts of drought, and the damages from
drought;
(ii) descriptions of
the value and benefits of land stewardship to reduce the impacts of drought and
to protect the environment;
(iii) clear
instructions for appropriate responses to drought, including water
conservation, water reuse, and detection and elimination of water leaks;
(iv) information on
State and local laws applicable to drought; and
(v) opportunities for
assistance to resource-dependent businesses and industries in times of drought;
and
(G) establish
operating procedures for the Council.
(2)
Consultation
In
carrying out this subsection, the Council shall consult with groups affected by
drought emergencies.
(3)
Reports to
congress
(A)
Annual
report
(i)
In
general
Not later than one year after the date of the first
meeting of the Council, and annually thereafter, the Council shall submit to
Congress a report on the activities carried out under this section.
(ii)
Inclusions
(I)
In
general
The annual report shall include a summary of drought
preparedness plans.
(II)
Initial
report
The initial report submitted under subparagraph (A) shall
include any recommendations of the Council.
(B)
Final
report
Not later than seven years after the date of enactment of
this Act, the Council shall submit to Congress a report that recommends—
(i) amendments to this
section; and
(ii) whether the
Council should continue.
(e)
Powers of the
council
(1)
Hearings
The
Council may hold hearings, meet and act at any time and place, take any
testimony and receive any evidence that the Council considers advisable to
carry out this section.
(2)
Information from
Federal agencies
(A)
In
general
The Council may obtain directly from any Federal agency
any information that the Council considers necessary to carry out this
section.
(B)
Provision of
information
(i)
In
general
Except as provided in clause (ii), on request of the
Secretary or the non-Federal co-chair of the Council, the head of a Federal
agency may provide information to the Council.
(ii)
Limitation
The
head of a Federal agency shall not provide any information to the Council that
the Federal agency head determines the disclosure of which may cause harm to
national security interests.
(3)
Postal
services
The Council may use the United States mail in the same
manner and under the same conditions as other agencies of the Federal
Government.
(4)
Gifts
The
Council may accept, use, and dispose of gifts or donations of services or
property.
(f)
Council
personnel matters
(1)
Compensation of
members
(A)
Non-Federal
employees
A member of the Council who is not an officer or
employee of the Federal Government shall serve without compensation.
(B)
Federal
employees
A member of the Council who is an officer or employee
of the United States shall serve without compensation in addition to the
compensation received for services of the member as an officer or employee of
the Federal Government.
(2)
Travel
expenses
A member of the Council shall be allowed travel expenses
at rates authorized for an employee of an agency under subchapter I of
chapter
57 of title 5, United States Code, while away from the home or
regular place of business of the member in the performance of the duties of the
Council.
(g)
Termination of
council
The Council shall terminate at the end of the eighth
fiscal year beginning on or after the date of the enactment of this Act.
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 10003 and 10016 of this Act shall be
made—
(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.
(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.
Repeal of
permanent price support authority
(a)
Agricultural
Adjustment Act of 1938
(1)
Repeals
The
following provisions of the Agricultural Adjustment Act of 1938 are
repealed:
(A) Parts II through V
of subtitle B of title III (7 U.S.C. 1326 et seq.).
(B) Subtitle D of
title III (7 U.S.C.
1379a et seq.).
(C) Title IV
(7 U.S.C. 1401 et
seq.).
(2)
Inapplicability
to upland cotton
Section 377 of the Agricultural Adjustment Act
of 1938 (7 U.S.C.
1377) is amended by striking was not fully
planted and inserting was not fully planted: Provided
further, That effective on the date of the enactment of the Federal
Agriculture Reform and Risk Management Act of 2013, this section shall not
apply to upland cotton.
(b)
Agricultural Act
of 1949
The following provisions of the Agricultural Act of 1949
are repealed:
(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), is repealed.
1603.
Payment
limitations
(a)
In
general
Section 1001 of the
Food Security Act of 1985 (7 U.S.C. 1308) is amended—
(1) in subsection (a),
by striking paragraph (3) and inserting the following:
(3)
Legal
entity
(A)
In
general
The term legal entity means—
(i) an
organization that (subject to the requirements of this section and section
1001A) is eligible to receive a payment under a provision of law referred to in
subsection (b), (c), or (d);
(ii) a
corporation, joint stock company, association, limited partnership, limited
liability company, limited liability partnership, charitable organization,
estate, irrevocable trust, grantor of a revocable trust, or other similar
entity (as determined by the Secretary); and
(iii) an organization
that is participating in a farming operation as a partner in a general
partnership or as a participant in a joint venture.
(B)
Exclusion
The
term legal entity does not include a general partnership or joint
venture.
;
(2) by striking
subsections (b) through (d) and inserting the following:
(b)
Limitation on
payments for covered commodities and peanuts
The total amount of
payments received, directly or indirectly, by a person or legal entity for any
crop year for 1 or more covered commodities and peanuts under title I of the
Federal Agriculture Reform and Risk Management Act of 2013 may not exceed
$125,000, of which—
(1) not more than $75,000 may consist of
marketing loan gains and loan deficiency payments under subtitle B of title I
of the Federal Agriculture Reform and Risk Management Act of 2013; and
(2) not more than $50,000 may consist of any
other payments made for covered commodities and peanuts under title I of the
Federal Agriculture Reform and Risk Management Act of 2013.
(c)
Spousal
equity
(1)
In
general
Notwithstanding subsection (b), except as provided in
paragraph (2), if a person and the spouse of the person are covered by
paragraph (2) and receive, directly or indirectly, any payment or gain covered
by this section, the total amount of payments or gains (as applicable) covered
by this section that the person and spouse may jointly receive during any crop
year may not exceed an amount equal to twice the applicable dollar amounts
specified in subsection (b).
(2)
Exceptions
(A)
Separate farming
operations
In the case of a married couple in which each spouse,
before the marriage, was separately engaged in an unrelated farming operation,
each spouse shall be treated as a separate person with respect to a farming
operation brought into the marriage by a spouse, subject to the condition that
the farming operation shall remain a separate farming operation, as determined
by the Secretary.
(B)
Election to
receive separate payments
A married couple may elect to receive
payments separately in the name of each spouse if the total amount of payments
and benefits described in subsection (b) that the married couple receives,
directly or indirectly, does not exceed an amount equal to twice the applicable
dollar amounts specified in those
subsections.
;
(3) in paragraph
(3)(B) of subsection (f), by adding at the end the following:
(iii)
Irrevocable
trusts
In promulgating regulations to define the term legal
entity as the term applies to irrevocable trusts, the Secretary shall
ensure that irrevocable trusts are legitimate entities that have not been
created for the purpose of avoiding a payment
limitation.
;
and
(4) in subsection (h),
in the second sentence, by striking or other entity and
inserting or legal entity.
(b)
Conforming
amendments
(1) Section 1001 of
the Food Security Act of 1985 (7 U.S.C. 1308) is amended—
(A) in subsection (e),
by striking subsections (b) and (c) each place it appears in
paragraphs (1) and (3)(B) and inserting subsection (b);
(B) in subsection
(f)—
(i) in paragraph (2),
by striking Subsections (b) and (c) and inserting
Subsection (b);
(ii) in paragraph
(4)(B), by striking subsection (b) or (c) and inserting
subsection (b);
(iii) in paragraph
(5)—
(I) in subparagraph
(A), by striking subsection (d); and
(II) in subparagraph
(B), by striking subsection (b), (c), or (d) and inserting
subsection (b); and
(iv) in paragraph
(6)—
(I) in subparagraph
(A), by striking Notwithstanding subsection (d), except as provided in
subsection (g) and inserting Except as provided in subsection
(f); and
(II) in subparagraph
(B), by striking subsections (b), (c), and (d) and inserting
subsection (b);
(C) in subsection
(g)—
(i) in paragraph
(1)—
(I) by striking
subsection (f)(6)(A) and inserting subsection
(e)(6)(A); and
(II) by striking
subsection (b) or (c) and inserting subsection
(b); and
(ii) in paragraph
(2)(A), by striking subsections (b) and (c) and inserting
subsection (b); and
(D) by redesignating
subsections (e) through (h) as subsections (d) through (g),
respectively.
(2) Section 1001A of
the Food Security Act of 1985 (7 U.S.C. 1308–1) is
amended—
(A) in subsection (a),
by striking subsections (b) and (c) of section 1001 and
inserting section 1001(b); and
(B) in subsection
(b)(1), by striking subsection (b) or (c) of section 1001 and
inserting section 1001(b).
(3) Section 1001B(a)
of the Food Security Act of 1985 (7 U.S.C. 1308–2(a)) is amended in
the matter preceding paragraph (1) by striking subsections (b) and (c)
of section 1001 and inserting section 1001(b).
(c)
Application
The
amendments made by this section shall apply beginning with the 2014 crop
year.
1603A.
Payments
limited to active farmers
Section 1001A of the Food Security Act of
1985 (7 U.S.C.
1308–1) is amended—
(1) in subsection
(b)(2)—
(A) by striking
or active personal management each place it appears in
subparagraphs (A)(i)(II) and (B)(ii); and
(B) in subparagraph
(C), by striking , as applied to the legal entity, are met by the legal
entity, the partners or members making a significant contribution of personal
labor or active personal management and inserting are met by
partners or members making a significant contribution of personal labor, those
partners or members; and
(2) in subsection
(c)—
(A) in paragraph
(1)—
(i) by
striking subparagraph (A) and inserting the following:
(A) the landowner
share-rents the land at a rate that is usual and
customary;
;
(ii) in
subparagraph (B), by striking the period at the end and inserting ;
and; and
(iii) by
adding at the end the following:
(C) the share of the
payments received by the landowner is commensurate with the share of the crop
or income received as
rent.
;
(B) in paragraph
(2)(A), by striking active personal management or;
(C) in paragraph
(5)—
(i) by
striking (5) and all that follows through
(A) In
general.—A person and inserting the following:
(5)
Custom farming
services
A
person
;
(ii) by
inserting under usual and customary terms after
services; and
(iii) by
striking subparagraph (B); and
(D) by adding at the
end the following:
(7)
Farm
managers
A person who otherwise meets the requirements of this
subsection other than (b)(2)(A)(i)(II) shall be considered to be actively
engaged in farming, as determined by the Secretary, with respect to the farming
operation, including a farming operation that is a sole proprietorship, a legal
entity such as a joint venture or general partnership, or a legal entity such
as a corporation or limited partnership, if the person—
(A) makes a
significant contribution of management to the farming operation necessary for
the farming operation, taking into account—
(i) the size and
complexity of the farming operation; and
(ii) the management
requirements normally and customarily required by similar farming
operations;
(B)
(i) is the only person in
the farming operation qualifying as actively engaged in farming by using the
farm manager special class designation under this paragraph; and
(ii) together with any other persons in
the farming operation qualifying as actively engaged in farming under
subsection (b)(2) or as part of a special class under this subsection, does not
collectively receive, directly or indirectly, an amount equal to more than the
applicable limits under section 1001(b);
(C) does not use the
management contribution under this paragraph to qualify as actively engaged in
more than 1 farming operation; and
(D) manages a farm
operation that does not substantially share equipment, labor, or management
with persons or legal entities that with the person collectively receive,
directly or indirectly, an amount equal to more than the applicable limits
under section
1001(b).
.
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 repealed.
(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 each of fiscal years 2009 through 2012 and inserting
fiscal year 2009 and each succeeding fiscal year.
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, 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, 7.5 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.
(k)
Funding for
community irrigation associations
(1)
In
general
The Secretary may enter into an alternative funding
arrangement with an eligible irrigation association if the Secretary determines
that—
(A) the purposes of
the program will be met by such an arrangement; and
(B) statutory
limitations regarding contracts with individual producers will not be exceeded
by any member of the irrigation association.
(2)
Eligible
irrigation associations
In this subsection, the term
eligible irrigation association means an irrigation association
that is—
(A) comprised of
producers; and
(B) a local government
entity, but does not have the authority to impose taxes or
levies.
.
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;
and
(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 multistate 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.
(D) The healthy forests reserve program
established under section 501 of the Healthy Forests Restoration Act of 2003
(16 U.S.C.
6571).
(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, multistate, 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 toward 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.
2507.
Emergency
watershed protection program
Section 403 of the Agricultural Credit Act
of 1978 (16 U.S.C.
2203) is amended by adding at the end the following new
sentence: In evaluating requests for assistance under this section, the
Secretary shall give priority consideration to projects that address runoff
retardation and soil-erosion preventive measures needed to mitigate the risks
and remediate the effects of catastrophic wildfire on land that is the source
of drinking water for landowners and land users..
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);
(4) in subsection (h)(2), by inserting ,
including, to the extent practicable, practices that maximize benefits for
honey bees after pollinators; and
(5) 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 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.
.
2609.
Wetlands
mitigation
Section 1222 of the
Food Security Act of 1985 (16 U.S.C. 3822) is amended—
(1) in subsection
(f)—
(A) in paragraph
(2)(D), by striking unless more acreage is needed to provide equivalent
functions and values that will be lost as a result of the wetland conversion to
be mitigated; and
(B) in paragraph
(2)(E)—
(i) by
inserting not before greater than; and
(ii) by
striking if more acreage is needed to provide equivalent functions and
values that will be lost as a result of the wetland conversion that is
mitigated; and
(2) by striking
subsection (g).
2610.
Lesser
prairie-chicken conservation report
(a)
In
general
Not later than 90
days after the date of enactment of this Act, the Secretary shall submit to the
Committee on Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report containing the
results of a review and analysis of each of the programs administered by the
Secretary that pertain to the conservation of the lesser prairie-chicken,
including the conservation reserve program, the environmental quality
incentives program, the wildlife habitat incentive program, and the Lesser
Prairie-Chicken Initiative.
(b)
Contents
The
Secretary shall include in the report required by this section, at a
minimum—
(1) with respect to
each program described in subsection (a) as it relates to the conservation of
the lesser prairie-chicken, findings regarding—
(A) the cost of the
program to the Federal Government, impacted State governments, and the private
sector;
(B) the conservation
effectiveness of the program; and
(C) the
cost-effectiveness of the program; and
(2) a
ranking of the programs described in subsection (a) based on their relative
cost-effectiveness.
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 subparagraphs:
(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 Act
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.
.
(c)
U.S. Atlantic
Spiny Dogfish study
Not later than 90 days after the date of the
enactment of this Act, the Secretary shall conduct an economic study on the
existing market in the United States for U.S. Atlantic Spiny Dogfish.
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;
.
3208.
Department of
Agriculture certificates of origin
The Secretary of Agriculture shall seek to
ensure that Department of Agriculture certificates of origin are accepted by
any country with respect to which the United States has entered into a free
trade agreement providing for preferential duty treatment.
IV
Credit
A
Farm ownership
loans
4001.
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.
4002.
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.
4003.
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).
4004.
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
4101.
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.
.
4102.
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.
4103.
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.
.
4104.
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
4201.
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;
(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
4301.
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.
4302.
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.
4303.
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.
4304.
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.
.
4305.
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.
4306.
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
4401.
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
4501.
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.
V
Rural
development
A
Consolidated Farm
and Rural Development Act
5001.
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.
5002.
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.
5003.
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).
5004.
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.
.
5005.
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.
.
5006.
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.
5007.
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.
.
5008.
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.
5009.
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.
5010.
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.
5011.
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.
5012.
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.
5013.
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).
5014.
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.
.
5015.
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.
.
5016.
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).
5017.
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.
.
5018.
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.
5019.
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.
5020.
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.
5021.
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
5101.
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.
5102.
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.
.
5103.
Rural
utilities service contracting authority
Section 18(c) of the Rural Electrification
Act of 1936 (7 U.S.C.
918(c)) is amended—
(1) in paragraph (1),
by striking Rural Electrification Administration each place it
appears and inserting Rural Utilities Service; and
(2) in paragraph
(4)—
(A) in the paragraph
heading, by inserting cooperative before agreements; and
(B) by inserting after
the 1st sentence the following: A contract funded by a borrower that is
to be paid for out of the general funds of the borrower is not a public
contract within the meaning of title 41, United States Code..
5104.
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.
5105.
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.
5106.
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
5201.
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.
5202.
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.
5203.
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.
5204.
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.
5205.
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).
5206.
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.
5207.
Telemedicine
and distance learning services in rural areas
Section 2333(d) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 950aaa-2(d)) is
amended—
(1) by striking
and at the end of paragraph (12); and
(2) by redesignating
paragraph (13) as paragraph (14) and inserting after paragraph (12) the
following:
(13) whether the applicant for assistance is
located in a designated health professional shortage area (within the meaning
of section 332 of the Public Health Service
Act)
.
5208.
Regional
economic and infrastructure development
Section 15751 of
title 40, United States Code, is amended—
(1) in subsection (a),
by striking 2012 and inserting 2018; and
(2) in subsection
(b)—
(A) by striking
Not more than and inserting the following:
(1)
In
general
Except as provided in
paragraph (2), not more than
;
and
(B) by adding at the
end the following:
(2)
Limited
funding
In a case in which
less than $10,000,000 is made available to a Commission for a fiscal year under
this section, paragraph (1) shall not
apply.
.
VI
Research,
Extension, and Related Matters
A
National
Agricultural Research, Extension, and Teaching Policy Act of 1977
6101.
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.
.
6102.
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.
.
6103.
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.
6104.
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.
.
6105.
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.
.
6106.
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.
.
6107.
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.
6108.
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.
6109.
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.
6110.
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).
.
6111.
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.
6112.
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.
6113.
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.
6114.
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.
6115.
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.
6116.
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.
.
6117.
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.
.
6118.
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.
6119.
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.
6120.
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.
6121.
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.
.
6122.
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.
6123.
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.
6124.
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.
.
6125.
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.
.
6126.
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.
.
6127.
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.
.
6128.
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; or
(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.
6129.
Sense of
Congress regarding expansion of the land grant program to include enhanced
funding and additional institutions
It is the sense of the Congress that—
(1) institutions of higher education designated
under the Act of August 30, 1890 (commonly known, and referred to in this
section, as the Second Morrill Act;
7 U.S.C. 321 et
seq.) have played an integral role in the education and
advancement of agriculture and mechanic arts for over a century;
(2) in addition to
those institutions, a number of colleges and universities have fulfilled
similar and parallel missions in successfully training and graduating
generations of students who have gone on to be leaders in their field;
(3) the colleges and
universities, both with and without designation under the Second Morrill Act,
fulfill a vital role to the future of industry, opportunities for increased job
creation, and the strength of agriculture in the United States;
(4) Congress must
ensure that the United States’ higher education framework and policies meet the
needs of young individuals in the United States, and that students from across
the country are able to choose from a variety of institutions and programs that
will equip them with the skills and training necessary to achieve their
individual goals; and
(5) as Congress and
the agricultural community generally consider policies and approaches to
improve research, extension, and education in the agricultural sciences,
expansion of the land grant program under the Second Morrill Act to include
enhanced funding and additional institutions should be considered.
B
Food, Agriculture,
Conservation, and Trade Act of 1990
6201.
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.
6202.
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.
.
6203.
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.
.
6204.
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.
.
6205.
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.
.
6206.
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.
6207.
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.
6208.
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.
6209.
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), (f), and (g);
(2) in subsection
(b)(2), in the first sentence, by striking subsections (e) through
(i) and inserting subsections (e), (f), and
(g);
(3) by striking
subsections (e), (f), and (i);
(4) by redesignating subsections (g), (h), and
(j) as subsections (e), (f), and (h), 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;
(6) by inserting after subsection (f) (as
redesignated by paragraph (4)) the following new subsection:
(g)
Coffee plant
health initiative
(1)
Establishment
The
Secretary shall establish a coffee plant health initiative to address the
critical needs of the coffee industry by—
(A) developing and
disseminating science-based tools and treatments to combat the coffee berry
borer (Hypothenemus hampei); and
(B) establishing an
area-wide integrated pest management program in areas affected by, or areas at
risk of, being affected by the coffee berry borer.
(2)
Eligible
entities
The Secretary may carry out the coffee plant health
initiative through—
(A) Federal agencies,
including the Agricultural Research Service and the National Institute of Food
and Agriculture;
(B) National
Laboratories;
(C) institutions of
higher education;
(D) research
institutions or organizations;
(E) private
organizations or corporations;
(F) State agricultural
experiment stations;
(G) individuals;
or
(H) groups consisting
of 2 or more entities or individuals described in subparagraphs (A) through
(G).
(3)
Project grants
and cooperative agreements
In carrying out this subsection, the
Secretary shall—
(A) enter into
cooperative agreements with eligible entities, as appropriate; and
(B) award grants on a
competitive basis.
(4)
Authorization of
appropriations
There is authorized to be appropriated to carry
out this subsection $2,000,000 for each of fiscal years 2014 through
2018.
;
and
(7) in subsection (h) (as redesignated by
paragraph (4)), by striking 2012 and inserting
2018.
6210.
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.
6211.
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.
6212.
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.
6213.
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.
.
6214.
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).
.
6215.
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.
6216.
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.
.
6217.
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
6301.
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.
6302.
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.
6303.
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 6212(b), is further
amended—
(1) by striking clause
(xi) (as redesignated by section 6212(b)); and
(2) by redesignating
clause (xii) (as redesignated by section 6212(b)) as clause (xi).
6304.
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.
.
6305.
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.
6306.
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.
.
6307.
Specialty crop
research initiative
Section
412 of the Agricultural Research, Extension, and Education Reform Act of 1998
(7 U.S.C.
7632) is amended—
(1) in subsection (b)—
(A) in paragraph (1),
by striking and genomics and inserting genomics, and
other methods; and
(B) in paragraph (3),
by inserting handling and processing, after production
efficiency,;
(2) by striking
subsection (d) and inserting the following new subsection:
(d)
Research
projects
In carrying out this
section, the Secretary shall award competitive grants on the basis of—
(1) an initial scientific peer review conducted
by a panel of subject matter experts from Federal agencies, non-Federal
entities, and the specialty crop industry; and
(2) a final funding determination made by the
Secretary based on a review and ranking for merit, relevance, and impact
conducted by a panel of specialty crop industry representatives for the
specific specialty crop.
;
and
(3) in subsection (h)—
(A) in paragraph (1)—
(i) by
striking (1) 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.
6308.
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.
6309.
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.
6310.
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.
.
6311.
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
6401.
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.
.
6402.
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).
.
6403.
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.
6404.
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.
6405.
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).
6406.
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.
6407.
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.
6408.
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.
6409.
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.
6410.
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.
6411.
Inclusion of
American Samoa, Federated States of Micronesia, and 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, American Samoa, the Federated States of Micronesia,
and the Commonwealth of the Northern Mariana Islands.
E
Food,
Conservation, and Energy Act of 2008
1
Agricultural
Security
6501.
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.
.
6502.
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.
.
6503.
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.
.
6504.
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
6511.
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.
6512.
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.
6513.
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.
.
6514.
Research and
education grants for the study of antibiotic-resistant bacteria
Section 7521(c) of the Food, Conservation,
and Energy Act of 2008 (7 U.S.C. 3202(c)) is amended by
striking 2012 and inserting 2018.
6515.
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.
6516.
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.
6517.
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.
.
6518.
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).
6519.
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.
6520.
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
6601.
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.
.
6602.
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.
6603.
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.
6604.
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.
6605.
Legitimacy of
industrial hemp research
(a)
In
general
Notwithstanding the
Controlled Substances Act (21 U.S.C. 801 et seq.), the
Drug-Free Workplace Act of 1988 (41 U.S.C. 8101 et seq.), the Safe
and Drug-Free Schools and Communities Act of 1986 (20 U.S.C. 7101 et
seq.), or any other Federal law, an institution of higher
education (as defined in section 101 of the Higher Education Act of 1965
(20 U.S.C.
1001)) may grow or cultivate industrial hemp if—
(1) the industrial
hemp is grown or cultivated for purposes of agricultural research or other
academic research; and
(2) the growing or
cultivating of industrial hemp is allowed under the laws of the State in which
such institution of higher education is located and such research
occurs.
(b)
Industrial hemp
defined
In this section, the
term industrial hemp means the plant Cannabis sativa
L. and any part of such plant, whether growing or not, with a delta-9
tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight
basis.
VII
Forestry
A
Repeal of Certain
Forestry Programs
7001.
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.
7002.
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.
7003.
Expired cooperative
national forest products marketing program
Section 18 of the Cooperative Forestry
Assistance Act of 1978 (16 U.S.C. 2112) is repealed.
7004.
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.
7005.
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.
7006.
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
7101.
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
.
7102.
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.
.
7103.
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
7201.
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.
7202.
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.
.
7203.
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.
.
7204.
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 paragraphs:
(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.
(7)
Fire liability
provisions
Not later than 90 days after the date of enactment of
this paragraph, the Chief and the Director shall issue for use in all contracts
and agreements under this section fire liability provisions that are in
substantially the same form as the fire liability provisions contained
in—
(A) integrated
resource timber contracts, as described in the Forest Service contract numbered
2400–13, part H, section H.4; and
(B) timber sale
contracts conducted pursuant to section 14 of the National Forest Management
Act of 1976 (16
U.S.C.
472a).
.
D
National Forest
Critical Area Response
7301.
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 7302.
(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.
7302.
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.
7303.
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.
7304.
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,
management, 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,
management, and protection services referred to in paragraph (1) include the
conduct of—
(A) activities to
treat insect infected forests;
(B) activities to
reduce hazardous fuels;
(C) activities involving commercial harvesting
or other mechanical vegetative treatments; or
(D) 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,
management, 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, management,
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, management, 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, management, 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
7401.
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.
7402.
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.
7403.
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.
.
7404.
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.
.
7405.
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.
7406.
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.
7407.
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.
7408.
Forest Service
large airtanker and aerial asset firefighting recapitalization pilot
program
(a)
In
general
Subject to the availability of appropriations, the
Secretary, acting through the Chief of the Forest Service, may establish a
large airtanker and aerial asset lease program in accordance with this
section.
(b)
Aircraft
requirements
In carrying out the program described in subsection
(a), the Secretary may enter into a multiyear lease contract for up to five
aircraft that meet the criteria—
(1) described in the
Forest Service document entitled Large Airtanker Modernization
Strategy and dated February 10, 2012, for large airtankers; and
(2) determined by the
Secretary, for other aerial assets.
(c)
Lease
terms
The term of any individual lease agreement into which the
Secretary enters under this section shall be—
(1) up to five years,
inclusive of any options to renew or extend the initial lease term; and
(2) in accordance with
section
3903 of title 41, United States Code.
(d)
Prohibition
No
lease entered into under this section shall provide for the purchase of the
aircraft by, or the transfer of ownership to, the Forest Service.
7409.
Land
conveyance, Jefferson National Forest in Wise County, Virginia
(a)
Conveyance
required
Upon payment by the Association of the consideration
under subsection (b) and the costs under subsection (d), the Secretary shall,
subject to valid existing rights, convey to the Association all right, title,
and interest of the United States in and to a parcel of National Forest System
land in the Jefferson National Forest in Wise County, Virginia, consisting of
approximately 0.70 acres and containing the Mullins and Sturgill Cemetery and
an easement to provide access to the parcel, as generally depicted on the
map.
(b)
Consideration
(1)
Fair market
value
As consideration for
the land conveyed under subsection (a), the Association shall pay to the
Secretary cash in an amount equal to the market value of the land, as
determined by an appraisal approved by the Secretary and conducted in
conformity with the Uniform Appraisal Standards for Federal Land Acquisitions
and section 206 of the Federal Land Policy and Management Act of 1976
(43 U.S.C.
1716).
(2)
Deposit
The consideration received by the Secretary
under paragraph (1) shall be deposited into the general fund of the Treasury of
the United States for the purposes of deficit reduction.
(c)
Description of
property
The exact acreage and legal description of the land to
be conveyed under subsection (a) shall be determined by a survey satisfactory
to the Secretary.
(d)
Costs
The
Association shall pay to the Secretary at closing the reasonable costs of the
survey, the appraisal, and any administrative and environmental analyses
required by law.
(e)
Definitions
In
this section:
(1)
Association
The
term Association means the Mullins and Sturgill Cemetery
Association of Pound, Virginia.
(2)
Map
The
term map means the map titled Mullins and Sturgill
Cemetery dated March 1, 2013.
(3)
Secretary
The
term Secretary means the Secretary of Agriculture.
(f)
Additional terms
and conditions
The Secretary may require such additional terms
and conditions in connection with the conveyance under subsection (a) as the
Secretary considers appropriate to protect the interests of the United
States.
7410.
Categorical
exclusion for forest projects in response to emergencies
In the case of National Forest System land
damaged by a natural disaster regarding which the President declares a disaster
or emergency pursuant to the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42
U.S.C. 5121 et seq.), any forest project carried out to clean
up or restore the damaged National Forest System land during the two-year
period beginning on the date of the declaration shall be categorically excluded
from the requirements relating to environmental assessments or environmental
impact statements under
section
1508.4 of title 40, Code of Federal Regulations.
VIII
Energy
8001.
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.
.
8002.
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.
8003.
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.
.
8004.
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.
.
8005.
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.
.
8006.
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.
.
8007.
Rural Energy for
America Program
(a)
Tiered
application process
Section 9007(c) of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 8107(c)) is amended—
(1) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and
(2) 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.
.
8008.
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.
.
8009.
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.
8010.
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.
8011.
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.
.
8012.
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.
8013.
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.
8014.
Energy
efficiency report for USDA facilities
(a)
Report
Not later than 180 days 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 on energy use and
energy efficiency projects at Department of Agriculture facilities.
(b)
Contents
The
report required by subsection (a) shall include the following:
(1) An analysis of
energy use by Department of Agriculture facilities.
(2) A
list of energy audits that have been conducted at such facilities.
(3) A
list of energy efficiency projects that have been conducted at such
facilities.
(4) A
list of energy savings projects that could be achieved with enacting a
consistent, timely, and proper mechanical insulation maintenance program and
upgrading mechanical insulation at such facilities.
IX
Horticulture
9001.
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.
9002.
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.
9003.
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.
.
9004.
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);
.
9005.
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.
.
9006.
Food safety
education initiatives
Section
10105 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 7655) is
amended—
(1) in subsection
(a)—
(A) in the matter preceding paragraph (1), by
inserting , including farm workers after
industry;
(B) in paragraph (1),
by striking and at the end;
(C) in paragraph (2),
by striking the period at the end and inserting ; and;
and
(D) by adding at the
end the following new paragraph:
(3) practices that prevent bacterial
contamination of food, how to identify sources of food contamination, and other
means of decreasing food contamination.
; and
(2) in subsection (c),
by striking 2012 and inserting 2018.
9007.
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.
.
9008.
Department of
Agriculture consultation regarding enforcement of certain labor law
provisions
Not later than 60
days after the date of enactment of this Act, the Secretary of Agriculture
shall consult with the Secretary of Labor regarding the restraining of
shipments of agricultural commodities, or the confiscation of such commodities,
by the Department of Labor for actual or suspected labor law violations in
order to consider—
(1) the perishable
nature of such commodities;
(2) the impact of such
restraining or confiscation on the economic viability of farming operations;
and
(3) the competitiveness of specialty crops
through grants awarded to States under section 101 of the Specialty Crops
Competitiveness Act of 2004 (7 U.S.C. 1621 note).
9009.
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.
9010.
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.
9011.
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).
.
9012.
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.
9013.
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.
.
9014.
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.)..
9015.
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.
9016.
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.
9017.
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.
9018.
Annual report
on invasive species
(a)
Initial
report
(1)
In
general
Not later than 180 days after the date of the enactment
of this Act, the Secretary shall submit to Congress a report on invasive
species.
(2)
Matters
included
The report under paragraph (1) shall include the
following:
(A) A list of each invasive species that is in
the United States as of the date of the report.
(B) For each invasive
species listed under subparagraph (A)—
(i) the
country from which the species originated;
(ii) the
means in which the species entered the United States;
(iii) the year in
which the species entered the United States;
(iv) the
rate by which the entry of the species is increasing or decreasing;
(v) cost
estimates, covering both the date of the report and future periods, of the cost
of such species to the public and private sectors;
(vi) if
cost estimates cannot be conducted under clause (v), a detailed explanation of
why;
(vii) environmental impact estimates, covering
both the date of the report and future periods, of the environmental impact of
the species;
(viii) if
environmental impact estimates cannot be conducted under clause (vii), a
detailed explanation of why;
(ix) recommendations
as to what steps are needed to combat the species;
(x) a description of the ongoing research
occurring to combat the species; and
(xi) a
description of any legal recourse available to people affected by the
species.
(C) Any other matter
the Secretary determines appropriate.
(3)
Period
covered
The report under paragraph (1) shall cover the period
beginning in 1980 and ending on the date on which the report is
submitted.
(b)
Annual updated
reports
Not later than
October 1 of each fiscal year beginning after the date on which the report
under paragraph (1) of subsection (a) is submitted, the Secretary shall submit
annually to Congress an updated report, including an update to each of the
matters described in paragraph (2) of such subsection.
(c)
Public
availability
The Secretary shall make each report under this
section available to the public.
X
Crop
Insurance
10001.
Information
sharing
(a)
In
General
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.
.
(b)
Disclosure of
crop insurance premium subsidies made on behalf of Members of Congress and
certain other individuals and entities
Section 502(c)(2) of the Federal Crop
Insurance Act (7
U.S.C. 1502(c)(2)) is amended—
(1) by redesignating
subparagraphs (A) and (B) as subparagraphs (D) and (E) respectively; and
(2) by inserting
before subparagraph (C) (as so redesignated) the following:
(A)
Disclosure in
the public interest
Notwithstanding paragraph (1) or any other
provision of law, except as provided in subparagraph (B), the Secretary shall
on an annual basis make available to the public—
(i)
(I) the name of each
individual or entity specified in subparagraph (C) who obtained a federally
subsidized crop insurance, livestock, or forage policy or plan of insurance
during the previous fiscal year;
(II) the amount of premium subsidy received
by that individual or entity from the Corporation; and
(III) the amount of any Federal portion of
indemnities paid in the event of a loss during that fiscal year for each policy
associated with that individual or entity; and
(ii) for each private
insurance provider, by name—
(I) the underwriting
gains earned through participation in the federally subsidized crop insurance
program; and
(II) the amount paid
under this subtitle for—
(aa) administrative
and operating expenses;
(bb) any
Federal portion of indemnities and reinsurance; and
(cc) any
other purpose.
(B)
Limitation
The
Secretary shall not disclose information pertaining to individuals and entities
covered by a catastrophic risk protection plan offered under section
508(b).
(C)
Covered
individuals and entities
Subparagraph (A) applies with respect to
the following:
(i) Members of Congress and their immediate
families.
(ii) Cabinet
Secretaries and their immediate families.
(iii) Entities of
which any individual described in clause (i) or (ii), or combination of such
individuals, is a majority
shareholder.
.
10002.
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.
.
10003.
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.
10004.
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.
.
10005.
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).
10006.
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).
.
10007.
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.
.
10008.
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.
.
10009.
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.
10010.
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.
10011.
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).
.
10012.
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.
.
10013.
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.
10014.
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.
.
10015.
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 10009)—
(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.
.
10016.
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.
10017.
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.
.
10018.
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.
.
10019.
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.
.
10020.
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,
pennycress, 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).
10021.
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).
.
10022.
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.
.
10023.
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).
10024.
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.
10025.
Advance
public notice of crop insurance policy and plan changes
Section 505(e) of the Federal Crop Insurance
Act (7 U.S.C.
1505(e)) is amended—
(1) by redesignating paragraphs (5) and (6) as
paragraphs (6) and (7); respectively; and
(2) by inserting after
paragraph (4) the following new paragraph (5):
(5)
Advance notice
of modification before implementation
(A)
In
general
Any modification to
be made in the terms or conditions of any policy or plan of insurance offered
under this subtitle shall not take effect for a crop year unless the Secretary
publishes the modification in the Federal Register and on the website of the
Corporation and provides for a subsequent period of public comment—
(i) with respect to
fall-planted crops, not later than 60 days before June 30 during the preceding
crop year; and
(ii) with respect to
spring-planted crops, not later than 60 days before November 30 during the
preceding crop year.
(B)
Waiver
The
Secretary may waive the application of subparagraph (A) in an emergency
situation declared by the Secretary upon notice to Congress of the nature of
the emergency and the need for immediate implementation of the policy or plan
modification referred to in such
subparagraph.
.
XI
Miscellaneous
A
Livestock
11101.
Repeal of the
National Sheep Industry Improvement Center
Effective October 1, 2013, section 375 of
the Consolidated Farm and Rural Development Act (7 U.S.C. 2008j) is repealed.
11102.
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).
11103.
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.
11104.
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.
11105.
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).
11106.
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.
.
11107.
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.
11108.
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.
11109.
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.
11110.
Economic
fraud in wild and farm-raised seafood
(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 submit to Congress a report on the economic implications
for consumers, fishermen, and aquaculturists of fraud and mislabeling in wild
and farm-raised seafood.
(b)
Contents
The
report required under subsection (a) shall include, with respect to fraud and
mislabeling in wild and farm-raised seafood, an analysis of the impact on
consumers and producers in the United States of—
(1) sales of imported
seafood that is misrepresented as domestic product;
(2) country of origin
labeling that allows seafood harvested outside the United States to be labeled
as a product of the United States;
(3) the lack of
seafood product traceability through the supply chain; and
(4) the inadequate use
of DNA testing and other technology to address seafood safety and fraud,
including traceability.
B
Socially
disadvantaged producers and limited resource producers
11201.
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.
.
11202.
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.
.
11203.
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 11201, 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.
.
11204.
Receipt for
service or denial of service from certain department of agriculture
agencies
Section 2501A(e) of
the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
2279–1(e)) is amended by striking and, at the time of
the request, also requests a receipt.
C
Other
miscellaneous provisions
11301.
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.
.
11302.
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.
11303.
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
.
11304.
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 11303, 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.
.
11305.
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.
11306.
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 10013(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.
.
11307.
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.
11308.
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.
11309.
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.
11310.
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.
11311.
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..
11312.
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).
11313.
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 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.
11314.
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.
11315.
Protection of
honey bees and other pollinators
(a)
In
general
The Secretary, in consultation with the Secretary of the
Interior and the Administrator of the Environmental Protection Agency, shall
carry out such activities as the Secretary determines to be appropriate to
protect and ensure the long-term viability of populations of honey bees, wild
bees, and other beneficial insects of agricultural crops, horticultural plants,
wild plants, and other plants, including—
(1) providing
technical expertise relating to proposed agency actions that may threaten
pollinator health or jeopardize the long-term viability of populations of
pollinators;
(2) providing formal
guidance on national policies relating to—
(A) permitting managed honey bees to forage on
National Forest Service lands where compatible with other natural resource
management priorities; and
(B) planting and maintaining managed honey bee
and native pollinator forage on National Forest Service lands where compatible
with other natural resource management priorities;
(3) making use of the
best available peer-reviewed science regarding environmental and chemical
stressors on pollinator health; and
(4) regularly
monitoring and reporting on the health and population status of managed and
native pollinators including bees, birds, bats, and other species.
(b)
Task force on
bee health and commercial beekeeping
(1)
Establishment
The
Secretary shall establish a task force—
(A) to coordinate
Federal efforts carried out on or after the date of enactment of this Act to
address the serious worldwide decline in bee health, especially honey bees and
declining native bees; and
(B) to assess Federal
efforts to mitigate pollinator losses and threats to the United States
commercial beekeeping industry.
(2)
Agency
consultation
The task force
established under this subsection shall seek ongoing consultation from any
Federal agency carrying out activities important to bee health and commercial
beekeeping, including officials from—
(A) the Department of
Agriculture;
(B) the Department of
the Interior;
(C) the Environmental
Protection Agency;
(D) the Food and Drug
Administration;
(E) the Department of
Commerce; and
(F) U.S. Customs and
Border Protection.
(3)
Stakeholder
consultation
The task force established under this subsection
shall consult with beekeeper, conservation, scientist, and agricultural
stakeholders.
(c)
Report to
Congress
Not later than 180 days after the date of enactment of
this Act, the task force established under subsection (b) shall submit to
Congress a report that—
(1) summarizes Federal
activities carried out pursuant to subsection (f) of section of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925) (as
redesignated by section 7209) or any other provision of law (including
regulations) to address bee decline;
(2) summarizes
international efforts to address the decline of managed honey bees and native
pollinators; and
(3) provides recommendations to Congress
regarding how to better coordinate Federal agency efforts to address the
decline of managed honey bees and native pollinators.
(d)
Pollinator
research lab feasibility study
(1)
In
general
The Secretary, acting through the Administrator of the
Agricultural Research Service, may conduct feasibility studies
regarding—
(A) re-locating existing honey bee and native
pollinator research from Federal laboratories to a cooperator-run facility in a
location most geographically appropriate for pollinator research; and
(B) modernizing
existing honey bee research laboratories identified by the Agricultural
Research Service in the capital investment strategy document dated 2012.
(2)
Consultation
In
conducting the feasibility studies under paragraph (1), the Secretary shall
consult with—
(A) beekeeper, native
bee, agricultural, research institution, and bee conservation stakeholders
regarding new research laboratory needs under paragraph (1)(A); and
(B) commercial
beekeepers regarding the modernizing of existing honey bee laboratories under
paragraph (1)(B).
11316.
Produce
represented as grown in the United States when it is not in fact grown in the
United States
(a)
Technical
assistance to CBP
The
Secretary of Agriculture shall make available to U.S. Customs and Border
Protection technical assistance related to the identification of produce
represented as grown in the United States when it is not in fact grown in the
United States.
(b)
Report to
Congress
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
produce represented as grown in the United States when it is not in fact grown
in the United States.
11317.
Urban
agriculture coordination
The
Secretary of Agriculture shall coordinate opportunities for urban agriculture,
by—
(1) compiling a list of all programs
administered by the Secretary or by the head of any other department, agency,
or instrumentality of the United States to which urban farmers can apply for
assistance or participation;
(2) examining and
implementing opportunities to adjust the regulations governing the programs to
enable urban farmers to participate in more of the programs;
(3) developing a
process for streamlining the process by which urban farmers may apply for
assistance from, or for participation in, the programs, including through the
use of a single, harmonized application for multiple programs; and
(4) such other methods
as the Secretary deems appropriate.
11318.
Sense of
Congress on increased business opportunities for black farmers, women,
minorities, and small businesses
It is the sense of Congress that the Federal
Government should increase the number of contracts the Federal Government
awards to black farmers, businesses owned and controlled by women, businesses
owned and controlled by minorities, and small business concerns.
11319.
Sense of
Congress regarding agriculture security programs
It is the sense of Congress that—
(1) agricultural nutrients and other
agricultural chemicals are essential to ensuring the most efficient production
of food, fuel, and fiber;
(2) these products
must be properly stored, handled, transported, and used to ensure that they are
not misused or cause harm either accidentally or intentionally;
(3) the Department of
Agriculture is the Federal agency with the staffing and technical expertise to
understand the important role these products play in agriculture;
(4) other Federal
departments and agencies have been given lead responsibility to develop and
implement security programs affecting the availability, storage,
transportation, and use of a variety of chemicals and products used in
agriculture;
(5) it is critical
that the Department of Agriculture participates fully in the development of any
such security programs to ensure that they do not unnecessarily restrict the
availability of the most efficient and beneficial products needed to sustain
agriculture in the United States;
(6) the Secretary of
Agriculture should review staffing at the Department to ensure that the agency
has senior employees within the Department at the Senior Executive Service
level or higher, who have responsibility for coordinating with other Federal,
State, and international agencies in the development of regulations, guidance,
and procedures for the secure handling of agricultural chemicals; and
(7) such employees
shall—
(A) work with
manufacturers, retailers, and the general farm community to review existing and
proposed Federal, State, and international agricultural chemical security
regulations;
(B) coordinate with
manufacturers, retailers, transporters, and farmers to evaluate how existing
and proposed security regulations, including systems to track the sale,
transportation, delivery, and use of agricultural products, can be designed to
minimize any adverse impact on agricultural productivity;
(C) evaluate how
existing and proposed security regulations will affect the ability of
agricultural producers to have timely access to nutrients, chemicals, and other
products that are affordable and best suited to the producers’
operations;
(D) develop
recommendations on best practices, policies, and regulatory mechanisms relating
to existing and proposed security programs to ensure that there is minimal
adverse impact on agricultural productivity; and
(E) engage with
Federal agencies with responsibility for establishing security programs to
ensure that they have the information needed to develop procedures for
effective security administration and enforcement that minimize any adverse
impact on domestic or international agricultural productivity.
11320.
Report on
water sharing
Not later than
120 days after the date of the enactment of this Act and annually thereafter,
the Secretary of State shall submit to Congress a report on—
(1) efforts by Mexico
to meet its treaty deliveries of water to the Rio Grande in accordance with the
Treaty between the United States and Mexico Respecting Utilization of waters of
the Colorado and Tijuana Rivers and of the Rio Grande (done at Washington,
February 3, 1944); and
(2) the benefits to
the United States of the Interim International Cooperative Measures in the
Colorado River Basin through 2017 and Extension of Minute 318 Cooperative
Measures to Address the Continued Effects of the April 2010 Earthquake in the
Mexicali Valley, Baja, California (done at Coronado, California, November 20,
2012; commonly referred to as Minute No. 319).
11321.
Scientific
and economic analysis of the FDA Food Safety Modernization Act
(a)
In
general
The Secretary of Health and Human Services (referred to
in this section as the Secretary) may not enforce any
regulations promulgated under the FDA Food Safety Modernization Act
(Public Law
111–353) until the Secretary publishes in the Federal Register
the following:
(1) An analysis of the
scientific information used in the final rule to implement the FDA Food Safety
Modernization Act with a particular focus on—
(A) agricultural
businesses of a variety of sizes;
(B) regional
differences of agriculture production, processing, marketing, and value added
production;
(C) agricultural
businesses that are diverse livestock and produce producers; and
(D) what, if any,
negative impact on the agricultural businesses would be created, or
exacerbated, by implementation of the FDA Food Safety Modernization Act.
(2) An analysis of the
economic impact of the proposed final rule to implement the FDA Food Safety
Modernization Act with a particular focus on—
(A) agricultural
businesses of a variety of sizes; and
(B) small and
mid-sized value added food processors.
(3) A
plan to systematically evaluate the regulations by surveying farmers and
processors and developing an ongoing process to evaluate and address business
concerns.
(b)
Annual
report
Not later than 1 year after the date of enactment of this
Act and annually 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 impact of
implementation of the regulations promulgated under the FDA Food Safety
Modernization Act.
11322.
Improved
Department of Agriculture consideration of economic impact of regulations on
small business
The Secretary
of Agriculture shall complete procedures consistent with the requirements of
subsection (b) of section 609 of title 5, United States
Code, whenever the Department of Agriculture promulgates any rule which will
have a significant economic impact on a substantial number of small
entities.
11323.
Silvicultural
activities
Section 402(l) of
the Federal Water Pollution Control Act (33 U.S.C. 1342(l)) is amended by
adding at the end the following:
(3)
Silvicultural
activities
(A)
NPDES permit
requirements for silvicultural activities
The Administrator shall not require a
permit or otherwise promulgate regulations under this section or directly or
indirectly require any State to require a permit under this section for a
discharge of stormwater runoff resulting from the conduct of the following
silviculture activities: nursery operations, site preparation, reforestation
and subsequent cultural treatment, thinning, prescribed burning, pest and fire
control, harvesting operations, surface drainage, and road use, construction,
and maintenance.
(B)
Permits for
dredged or fill material
Nothing in this paragraph exempts a
silvicultural activity resulting in the discharge of dredged or fill material
from any permitting requirement under section
404.
.
11324.
Applicability of
Spill Prevention, Control, and Countermeasure rule
(a)
In
general
The Administrator, in
implementing the Spill Prevention, Control, and Countermeasure rule with
respect to any farm, shall—
(1) require
certification of compliance with such rule by—
(A) a professional
engineer for a farm with—
(i) an
individual tank with an aboveground storage capacity greater than 10,000
gallons;
(ii) an
aggregate aboveground storage capacity greater than or equal to 42,000 gallons;
or
(iii) a
history that includes a spill, as determined by the Administrator; or
(B) the owner or
operator of the farm (via self-certification) for a farm with—
(i) an aggregate aboveground storage capacity
greater than 10,000 gallons but less than 42,000 gallons; and
(ii) no history of spills, as determined by the
Administrator; and
(2) exempt from all
requirements of such rule any farm—
(A) with an aggregate aboveground storage
capacity of less than or equal to 10,000 gallons; and
(B) no history of spills, as determined by the
Administrator.
(b)
Calculation of
aggregate aboveground storage capacity
For the purposes of subsection (a), the
aggregate aboveground storage capacity of a farm excludes—
(1) all containers on
separate parcels that have a capacity that is less than 1,320 gallons;
and
(2) all storage containers holding animal feed
ingredients approved for use in livestock feed by the Food and Drug
Administration.
(c)
Definitions
In
this section, the following definitions apply:
(1)
Administrator
The term Administrator means
the Administrator of the Environmental Protection Agency.
(2)
Farm
The
term farm has the meaning given such term in
section
112.2 of title 40, Code of Federal Regulations.
(3)
Gallon
The
term gallon refers to a United States liquid gallon.
(4)
History of
spills
The term history
of spills has the meaning used to describe the term reportable
discharge history in
section
112.7(k)(1) of title 40, Code of Federal Regulations (or
successor regulations).
(5)
Spill
Prevention, Control, and Countermeasure rule
The term Spill
Prevention, Control, and Countermeasure rule means the regulation
promulgated by the Environmental Protection Agency under part 112 of title 40,
Code of Federal Regulations.
11325.
Agricultural
producer information disclosure
(a)
Definitions
In
this section:
(1)
Administrator
The
term Administrator means the Administrator of the Environmental
Protection Agency.
(2)
Agency
The
term Agency means the Environmental Protection Agency.
(3)
Agricultural
operation
The term agricultural operation includes
any operation where an agricultural commodity crop is raised, including
livestock operations.
(4)
Livestock
operation
The term livestock operation includes any
operation involved in the raising or finishing of livestock or poultry.
(b)
Disclosure of
information
(1)
Prohibition
Except
as provided in paragraph (2), the Administrator, any officer or employee of the
Agency, or any contractor of the Agency, shall not make public the information
of any owner, operator, or employee of an agricultural operation provided to
the Agency by a farmer, rancher, or livestock producer or a State agency that
has been obtained in accordance with the Federal Water Pollution Control Act
(33 U.S.C. 1251 et
seq.) or any other law, including—
(A) names;
(B) telephone
numbers;
(C) email
addresses;
(D) physical
addresses;
(E) Global Positioning
System coordinates; or
(F) other identifying
location information.
(2)
Effect
Nothing
in paragraph (1) affects—
(A) the disclosure of
information described in paragraph (1) if—
(i) the
information has been transformed into a statistical or aggregate form at the
county level or higher without any information that identifies the agricultural
operation or agricultural producer; or
(ii) the
producer consents to the disclosure; or
(B) the authority of
any State agency to collect information on livestock operations.
(3)
Condition of
permit or other programs
The approval of any permit, practice, or
program administered by the Administrator shall not be conditioned on the
consent of the agricultural producer or livestock producer under paragraph
(2)(A)(ii).
11326.
Report on
National Ocean Policy
(a)
Findings
Congress finds the following:
(1) Executive Order 13547, issued on July 19,
2010, established the national policy for the Stewardship of the Ocean, Our
Coasts, and the Great Lakes and requires—
(A) Federal
implementation of ecosystem-based management to achieve a
fundamental shift in how the United States manages ocean,
coastal, and Great Lakes resources; and
(B) the establishment
of nine new governmental Regional Planning Bodies and
Coastal and Marine Spatial Plans in every region of the United
States.
(2) Executive Order
13547 created a 54-member National Ocean Council led by the White House Council
on Environmental Quality and Office of Science and Technology Policy that
includes 54 principal and deputy-level representatives from Federal entities,
including the Department of Agriculture.
(3) Executive Order
13547 requires National Ocean Council members, including the Department of
Agriculture, to take action to implement the Policy and participate in coastal
and marine spatial planning to the maximum extent possible.
(4) The Final Recommendations of the
Interagency Ocean Policy Task Force that were adopted by Executive Order 13547
state that effective implementation of the National Ocean Policy
will require clear and easily understood requirements and regulations,
where appropriate, that include enforcement as a critical
component.
(5) Despite repeated
Congressional requests, the National Ocean Council, which is charged with
overseeing implementation of the policy, has still not provided a complete
accounting of Federal activities under the policy and resources expended and
allocated in furtherance of implementation of the policy.
(6) The continued
economic and budgetary challenges of the United States underscore the necessity
for sound, transparent, and practical Federal policies.
(b)
Report
Not later than 90 days after the date of
the enactment of this Act, the Inspector General of the Department 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 detailing—
(1) all activities
engaged in and resources expended in furtherance of Executive Order 13547 since
July 19, 2010; and
(2) any budget
requests for fiscal year 2014 for support of implementation of Executive Order
13547.
11327.
Sunsetting of
programs
(a)
In
general
Subject to subsection
(b), each fiscal year the Secretary of Agriculture may not carry out any
program—
(1) for which an
authorization of appropriations is established or extended under this Act;
and
(2) that is funded by discretionary
appropriations (as defined in section 250(c) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 900(c))).
(b)
Effective
date
Subsection (a) shall
take effect with respect to a program referred to in such subsection on the
date on which the authorization of appropriations under this Act for such
program expires.
(c)
Existing
obligations
Subsection (a)
does not affect the ability of the Secretary to carry out responsibilities with
regard to loans, grants, or other obligations made or in existence before an
applicable effective date under subsection (b).
D
Chesapeake Bay
Accountability and Recovery
11401.
Short
title
This subtitle may be
cited as the Chesapeake Bay
Accountability and Recovery Act of 2013.
11402.
Chesapeake Bay
Crosscut Budget
(a)
Crosscut
Budget
The Director, in
consultation with the Chesapeake Executive Council, the chief executive of each
Chesapeake Bay State, and the Chesapeake Bay Commission, shall submit to
Congress a financial report containing—
(1) an interagency
crosscut budget that displays—
(A) the proposed
funding for any Federal restoration activity to be carried out in the
succeeding fiscal year, including any planned interagency or intra-agency
transfer, for each of the Federal agencies that carry out restoration
activities;
(B) to the extent that information is
available, the estimated funding for any State restoration activity to be
carried out in the succeeding fiscal year;
(C) all expenditures for Federal restoration
activities from the preceding 2 fiscal years, the current fiscal year, and the
succeeding fiscal year; and
(D) all expenditures, to the extent that
information is available, for State restoration activities during the
equivalent time period described in
subparagraph (C);
(2) a
detailed accounting of all funds received and obligated by all Federal agencies
for restoration activities during the current and preceding fiscal years,
including the identification of funds which were transferred to a Chesapeake
Bay State for restoration activities;
(3) to the extent that
information is available, a detailed accounting from each State of all funds
received and obligated from a Federal agency for restoration activities during
the current and preceding fiscal years; and
(4) a
description of each of the proposed Federal and State restoration activities to
be carried out in the succeeding fiscal year (corresponding to those activities
listed in subparagraphs (A) and (B) of paragraph (1)), including the—
(A) project
description;
(B) current status of
the project;
(C) Federal or State statutory or regulatory
authority, programs, or responsible agencies;
(D) authorization
level for appropriations;
(E) project timeline,
including benchmarks;
(F) references to
project documents;
(G) descriptions of
risks and uncertainties of project implementation;
(H) adaptive
management actions or framework;
(I) coordinating
entities;
(J) funding
history;
(K) cost sharing;
and
(L) alignment with existing Chesapeake Bay
Agreement and Chesapeake Executive Council goals and priorities.
(b)
Minimum funding
levels
The Director shall only describe restoration activities in
the report required under
subsection (a) that—
(1) for Federal
restoration activities, have funding amounts greater than or equal to $100,000;
and
(2) for State
restoration activities, have funding amounts greater than or equal to
$50,000.
(c)
Deadline
The Director shall submit to Congress the
report required by
subsection (a) not later than 30 days after
the submission by the President of the President’s annual budget to
Congress.
(d)
Report
Copies
of the financial report required by
subsection (a) shall be submitted to the
Committees on Appropriations, Natural Resources, Energy and Commerce, and
Transportation and Infrastructure of the House of Representatives and the
Committees on Appropriations, Environment and Public Works, and Commerce,
Science, and Transportation of the Senate.
(e)
Effective
Date
This section shall apply beginning with the first fiscal
year after the date of enactment of this Act for which the President submits a
budget to Congress.
11403.
Restoration
through adaptive management
(a)
In
general
Not later than 1 year after the date of enactment of this
Act, the Administrator, in consultation with other Federal and State agencies,
and with the participation of stakeholders, shall develop a plan to provide
technical and financial assistance to Chesapeake Bay States to employ adaptive
management in carrying out restoration activities in the Chesapeake Bay
watershed.
(b)
Plan
development
The plan referred to in subsection (a) shall
include—
(1) specific and
measurable objectives to improve water quality, habitat, and fisheries
identified by Chesapeake Bay States;
(2) a
process for stakeholder participation;
(3) monitoring,
modeling, experimentation, and other research and evaluation technical
assistance requested by Chesapeake Bay States;
(4) identification of
State restoration activities planned by Chesapeake Bay States to attain the
State’s objectives under paragraph (1);
(5) identification of
Federal restoration activities that could help a Chesapeake Bay State to attain
the State’s objectives under paragraph (1);
(6) recommendations
for a process for modification of State and Federal restoration activities that
have not attained or will not attain the specific and measurable objectives set
forth under paragraph (1); and
(7) recommendations
for a process for integrating and prioritizing State and Federal restoration
activities and programs to which adaptive management can be applied.
(c)
Implementation
In
addition to carrying out Federal restoration activities under existing
authorities and funding, the Administrator shall implement the plan developed
under subsection (a) by providing technical and financial assistance to
Chesapeake Bay States using resources available for such purposes that are
identified by the Director under section 11402.
(d)
Updates
The
Administrator shall update the plan developed under subsection (a) every 2
years.
(e)
Report to
Congress
(1)
In
general
Not later than 60 days after the end of a fiscal year,
the Administrator shall transmit to Congress an annual report on the
implementation of the plan required under this section for such fiscal
year.
(2)
Contents
The
report required under paragraph (1) shall contain information about the
application of adaptive management to restoration activities and programs,
including level changes implemented through the process of adaptive
management.
(3)
Effective
date
Paragraph (1) shall apply to the first fiscal year that
begins after the date of enactment of this Act.
(f)
Inclusion of
plan in annual action plan and annual progress report
The
Administrator shall ensure that the Annual Action Plan and Annual Progress
Report required by section 205 of Executive Order 13508 includes the adaptive
management plan outlined in subsection (a).
11404.
Independent
Evaluator for the Chesapeake Bay Program
(a)
In
general
There shall be an
Independent Evaluator for restoration activities in the Chesapeake Bay
watershed, who shall review and report on restoration activities and the use of
adaptive management in restoration activities, including on such related topics
as are suggested by the Chesapeake Executive Council.
(b)
Appointment
(1)
In
general
The Independent Evaluator shall be appointed by the
Administrator from among nominees submitted by the Chesapeake Executive
Council.
(2)
Nominations
The
Chesapeake Executive Council may submit to the Administrator 4 nominees for
appointment to any vacancy in the office of the Independent Evaluator.
(c)
Reports
The
Independent Evaluator shall submit a report to the Congress every 2 years in
the findings and recommendations of reviews under this section.
(d)
Chesapeake
Executive Council
In this section, the term Chesapeake
Executive Council has the meaning given that term by section 307 of the
National Oceanic and Atmospheric Administration Authorization Act of 1992
(Public Law
102–567;
15 U.S.C.
1511d).
11405.
Definitions
In this subtitle, the following definitions
apply:
(1)
Adaptive
management
The term
adaptive management means a type of natural resource management in
which project and program decisions are made as part of an ongoing
science-based process. Adaptive management involves testing, monitoring, and
evaluating applied strategies and incorporating new knowledge into programs and
restoration activities that are based on scientific findings and the needs of
society. Results are used to modify management policy, strategies, practices,
programs, and restoration activities.
(2)
Administrator
The
term Administrator means the Administrator of the Environmental
Protection Agency.
(3)
Chesapeake Bay
State
The term
Chesapeake Bay State or State means the States of
Maryland, West Virginia, Delaware, and New York, the Commonwealths of Virginia
and Pennsylvania, and the District of Columbia.
(4)
Chesapeake Bay
Watershed
The term Chesapeake Bay watershed means
the Chesapeake Bay and the geographic area, as determined by the Secretary of
the Interior, consisting of 36 tributary basins, within the Chesapeake Bay
States, through which precipitation drains into the Chesapeake Bay.
(5)
Chief
Executive
The term chief executive means, in the
case of a State or Commonwealth, the Governor of each such State or
Commonwealth and, in the case of the District of Columbia, the Mayor of the
District of Columbia.
(6)
Director
The
term Director means the Director of the Office of Management and
Budget.
(7)
State
restoration activities
The
term State restoration activities means any State programs or
projects carried out under State authority that directly or indirectly protect,
conserve, or restore living resources, habitat, water resources, or water
quality in the Chesapeake Bay watershed, including programs or projects that
promote responsible land use, stewardship, and community engagement in the
Chesapeake Bay watershed. Restoration activities may be categorized as
follows:
(A) Physical
restoration.
(B) Planning.
(C) Feasibility
studies.
(D) Scientific
research.
(E) Monitoring.
(F) Education.
(G) Infrastructure
development.
(8)
Federal
restoration activities
The
term Federal restoration activities means any Federal programs or
projects carried out under existing Federal authority that directly or
indirectly protect, conserve, or restore living resources, habitat, water
resources, or water quality in the Chesapeake Bay watershed, including programs
or projects that provide financial and technical assistance to promote
responsible land use, stewardship, and community engagement in the Chesapeake
Bay watershed. Restoration activities may be categorized as follows:
(A) Physical
restoration.
(B) Planning.
(C) Feasibility
studies.
(D) Scientific
research.
(E) Monitoring.
(F) Education.
(G) Infrastructure
development.
Passed the House of
Representatives July 11, 2013.
Karen L. Haas,
Clerk
July 16 (legislative day, July 15), 2013
Received; read twice and placed on the
calendar