,,ii #aacth ,,congress #ast ,session ,s4 #aj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #bb 7legislative day1 ,january #c71 #bjac ,mr4 ,reid 7for himself1 ,ms4 ,stabenow1 ,mr4 ,durbin1 ,mr4 ,schumer1 ,mr4 ,johnson of ,south ,dakota1 ,mr4 ,leahy1 ,mr4 ,baucus1 ,mr4 ,bennet1 ,mr4 ,brown1 ,mr4 ,tester1 ,mr4 ,casey1 ,mr4 ,harkin1 ,mr4 ,schatz1 ,ms4 ,heitkamp1 ,ms4 ,klobuchar1 ,mr4 ,coons1 ,mr4 ,donnelly1 ,mr4 ,levin1 and ,mr4 ,franken7 introduced the following bill2 which was read twice and referred to the ,committee on ,agriculture1 ,nutrition1 and ,forestry ,a ,,bill ,to reauthorize agricultural programs through #bjah4 #a4 ,short title2 table of contents 7a7 ,in general ,this ,act may be cited as the ,agriculture ,reform1 ,food1 and ,jobs ,act of #bjac4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,definition of ,secretary4 ,,title ,i--,commodity programs ,subtitle ,a--,repeals and reforms ,sec4 #aaja4 ,repeal of direct payments4 ,sec4 #aajb4 ,repeal of counter-cyclical payments4 ,sec4 #aajc4 ,repeal of average crop revenue election program4 ,sec4 #aajd4 ,definitions4 ,sec4 #aaje4 ,agriculture risk coverage4 ,sec4 #aajf4 ,producer agreement required as condition of provision of payments4 ,sec4 #aajg4 ,period of effectiveness4 ,sec4 #aajh4 ,adjusted gross income limitation for conservation programs4 ,subtitle ,b--,marketing assistance loans and loan deficiency payments ,sec4 #abja4 ,availability of nonrecourse marketing assistance loans for loan commodities4 ,sec4 #abjb4 ,loan rates for nonrecourse marketing assistance loans4 ,sec4 #abjc4 ,term of loans4 ,sec4 #abjd4 ,repayment of loans4 ,sec4 #abje4 ,loan deficiency payments4 ,sec4 #abjf4 ,payments in lieu of loan deficiency payments for grazed acreage4 ,sec4 #abjg4 ,special competitive provisions for extra long staple cotton4 ,sec4 #abjh4 ,availability of recourse loans for high moisture feed grains and seed cotton4 ,sec4 #abji4 ,adjustments of loans4 ,subtitle ,c--,sugar ,sec4 #acja4 ,sugar program4 ,subtitle ,d--,dairy ,part ,i--,dairy production margin protection and dairy market stabilization programs ,sec4 #adja4 ,definitions4 ,sec4 #adjb4 ,calculation of average feed cost and actual dairy production margins4 ,,subpart ,a--,dairy production margin protection program ,sec4 #adaa4 ,establishment of dairy production margin protection program4 ,sec4 #adab4 ,participation of dairy operations in production margin protection program4 ,sec4 #adac4 ,production history of participating dairy operations4 ,sec4 #adad4 ,basic production margin protection4 ,sec4 #adae4 ,supplemental production margin protection4 ,sec4 #adaf4 ,effect of failure to pay administration fees or premiums4 ,,subpart ,b--,dairy market stabilization program ,sec4 #adca4 ,establishment of dairy market stabilization program4 ,sec4 #adcb4 ,threshold for implementation and reduction in dairy payments4 ,sec4 #adcc4 ,milk marketings information4 ,sec4 #adcd4 ,calculation and collection of reduced dairy operation payments4 ,sec4 #adce4 ,remitting funds to the ,secretary and use of funds4 ,sec4 #adcf4 ,suspension of reduced payment requirement4 ,sec4 #adcg4 ,enforcement4 ,sec4 #adch4 ,audit requirements4 ,sec4 #adci4 ,study2 report4 ,,subpart ,c--,administration ,sec4 #adea4 ,duration4 ,sec4 #adeb4 ,administration and enforcement4 ,part ,,ii--,dairy market transparency ,sec4 #adfa4 ,dairy product mandatory reporting4 ,sec4 #adfb4 ,federal milk marketing order information4 ,part ,,iii--,repeal or reauthorization of other dairy-,related provisions ,sec4 #adga4 ,repeal of dairy product price support and milk income loss contract programs4 ,sec4 #adgb4 ,repeal of dairy export incentive program4 ,sec4 #adgc4 ,extension of dairy forward pricing program4 ,sec4 #adgd4 ,extension of dairy indemnity program4 ,sec4 #adge4 ,extension of dairy promotion and research program4 ,sec4 #adgf4 ,extension of ,federal ,milk ,marketing ,order ,review ,commission4 ,part ,,iv--,federal milk marketing order reform ,sec4 #adha4 ,federal milk marketing orders4 ,part ,v--,effective date ,sec4 #adia4 ,effective date4 ,subtitle ,e--,supplemental agricultural disaster assistance programs ,sec4 #aeja4 ,supplemental agricultural disaster assistance programs4 ,subtitle ,f--,administration ,sec4 #afja4 ,administration generally4 ,sec4 #afjb4 ,suspension of permanent price support authority4 ,sec4 #afjc4 ,payment limitations4 ,sec4 #afjd4 ,payments limited to active farmers4 ,sec4 #afje4 ,adjusted gross income limitation4 ,sec4 #afjf4 ,geographically disadvantaged farmers and ranchers4 ,sec4 #afjg4 ,personal liability of producers for deficiencies4 ,sec4 #afjh4 ,prevention of deceased individuals receiving payments under farm commodity programs4 ,sec4 #afji4 ,appeals4 ,sec4 #afaj4 ,technical corrections4 ,sec4 #afaa4 ,assignment of payments4 ,sec4 #afab4 ,tracking of benefits4 ,sec4 #afac4 ,signature authority4 ,sec4 #afad4 ,implementation4 ,,title ,,ii--,conservation ,subtitle ,a--,conservation ,reserve ,program ,sec4 #bjja4 ,extension and enrollment requirements of conservation reserve program4 ,sec4 #bjjb4 ,farmable wetland program4 ,sec4 #bjjc4 ,duties of owners and operators4 ,sec4 #bjjd4 ,duties of the ,secretary4 ,sec4 #bjje4 ,payments4 ,sec4 #bjjf4 ,contract requirements4 ,sec4 #bjjg4 ,conversion of land subject to contract to other conserving uses4 ,sec4 #bjjh4 ,effective date4 ,subtitle ,b--,conservation ,stewardship ,program ,sec4 #baja4 ,conservation stewardship program4 ,subtitle ,c--,environmental ,quality ,incentives ,program ,sec4 #bbja4 ,purposes4 ,sec4 #bbjb4 ,definitions4 ,sec4 #bbjc4 ,establishment and administration4 ,sec4 #bbjd4 ,evaluation of applications4 ,sec4 #bbje4 ,duties of producers4 ,sec4 #bbjf4 ,limitation on payments4 ,sec4 #bbjg4 ,conservation innovation grants and payments4 ,sec4 #bbjh4 ,effective date4 ,subtitle ,d--,agricultural ,conservation ,easement ,program ,sec4 #bcja4 ,agricultural ,conservation ,easement ,program4 ,subtitle ,e--,regional ,conservation ,partnership ,program ,sec4 #bdja4 ,regional ,conservation ,partnership ,program4 ,subtitle ,f--,other ,conservation ,programs ,sec4 #beja4 ,conservation of private grazing land4 ,sec4 #bejb4 ,grassroots source water protection program4 ,sec4 #bejc4 ,voluntary public access and habitat incentive program4 ,sec4 #bejd4 ,agriculture conservation experienced services program4 ,sec4 #beje4 ,small watershed rehabilitation program4 ,sec4 #bejf4 ,terminal lakes assistance4 ,subtitle ,g--,funding and administration ,sec4 #bfja4 ,funding4 ,sec4 #bfjb4 ,technical assistance4 ,sec4 #bfjc4 ,regional equity4 ,sec4 #bfjd4 ,reservation of funds to provide assistance to certain farmers or ranchers for conservation access4 ,sec4 #bfje4 ,annual report on program enrollments and assistance4 ,sec4 #bfjf4 ,administrative requirements for conservation programs4 ,sec4 #bfjg4 ,rulemaking authority4 ,sec4 #bfjh4 ,standards for ,state technical committees4 ,sec4 #bfji4 ,highly erodible land and wetland conservation for crop insurance4 ,subtitle ,h--,repeal of superseded program authorities and transitional provisions ,sec4 #bgja4 ,comprehensive conservation enhancement program4 ,sec4 #bgjb4 ,emergency forestry conservation reserve program4 ,sec4 #bgjc4 ,wetlands reserve program4 ,sec4 #bgjd4 ,farmland protection program and farm viability program4 ,sec4 #bgje4 ,grassland reserve program4 ,sec4 #bgjf4 ,agricultural water enhancement program4 ,sec4 #bgjg4 ,wildlife habitat incentive program4 ,sec4 #bgjh4 ,great ,lakes basin program4 ,sec4 #bgji4 ,chesapeake ,bay watershed program4 ,sec4 #bgaj4 ,cooperative conservation partnership initiative4 ,sec4 #bgaa4 ,environmental easement program4 ,sec4 #bgab4 ,technical amendments4 ,,title ,,iii--,trade ,subtitle ,a--,food for ,peace ,act ,sec4 #cjja4 ,set-aside for support for organizations through which nonemergency assistance is provided4 ,sec4 #cjjb4 ,food aid quality4 ,sec4 #cjjc4 ,minimum levels of assistance4 ,sec4 #cjjd4 ,reauthorization of ,food ,aid ,consultative ,group4 ,sec4 #cjje4 ,oversight1 monitoring1 and evaluation of ,food for ,peace ,act programs4 ,sec4 #cjjf4 ,assistance for stockpiling and rapid transportation1 delivery1 and distribution of shelf-stable prepackaged foods4 ,sec4 #cjjg4 ,limitation on total volume of commodities monetized4 ,sec4 #cjjh4 ,flexibility4 ,sec4 #cjji4 ,procurement1 transportation1 testing1 and storage of agricultural commodities for prepositioning in the ,united ,states and foreign countries4 ,sec4 #cjaj4 ,deadline for agreements to finance sales or to provide other assistance4 ,sec4 #cjaa4 ,minimum level of nonemergency food assistance4 ,sec4 #cjab4 ,coordination of foreign assistance programs report4 ,sec4 #cjac4 ,micronutrient fortification programs4 ,sec4 #cjad4 ,john ,ogonowski and ,doug ,bereuter ,farmer-to-,farmer ,program4 ,sec4 #cjae4 ,prohibition on assistance for ,north ,korea4 ,subtitle ,b--,agricultural ,trade ,act of #aigh ,sec4 #caja4 ,export credit guarantee programs4 ,sec4 #cajb4 ,funding for market access program4 ,sec4 #cajc4 ,foreign market development cooperator program4 ,subtitle ,c--,other ,agricultural ,trade ,laws ,sec4 #cbja4 ,food for ,progress ,act of #aihe4 ,sec4 #cbjb4 ,bill ,emerson ,humanitarian ,trust4 ,sec4 #cbjc4 ,promotion of agricultural exports to emerging markets4 ,sec4 #cbjd4 ,mc,govern-,dole ,international ,food for ,education and ,child ,nutrition ,program4 ,sec4 #cbje4 ,technical assistance for specialty crops4 ,sec4 #cbjf4 ,global ,crop ,diversity ,trust4 ,sec4 #cbjg4 ,local and regional food aid procurement projects4 ,sec4 #cbjh4 ,donald ,payne ,horn of ,africa food resilience program4 ,sec4 #cbji4 ,agricultural trade enhancement study4 ,,title ,,iv--,nutrition ,subtitle ,a--,supplemental nutrition assistance program ,sec4 #djja4 ,food distribution program on ,indian reservations4 ,sec4 #djjb4 ,standard utility allowances based on the receipt of energy assistance payments4 ,sec4 #djjc4 ,eligibility disqualifications4 ,sec4 #djjd4 ,ending supplemental nutrition assistance program benefits for lottery or gambling winners4 ,sec4 #djje4 ,retail food stores4 ,sec4 #djjf4 ,improving security of food assistance4 ,sec4 #djjg4 ,technology modernization for retail food stores4 ,sec4 #djjh4 ,use of benefits for purchase of community-supported agriculture share4 ,sec4 #djji4 ,restaurant meals program4 ,sec4 #djaj4 ,quality control error rate determination4 ,sec4 #djaa4 ,performance bonus payments4 ,sec4 #djab4 ,authorization of appropriations4 ,sec4 #djac4 ,assistance for community food projects4 ,sec4 #djad4 ,emergency food assistance4 ,sec4 #djae4 ,nutrition education4 ,sec4 #djaf4 ,retail food store and recipient trafficking4 ,sec4 #djag4 ,technical and conforming amendments4 ,subtitle ,b--,commodity distribution programs ,sec4 #daja4 ,commodity distribution program4 ,sec4 #dajb4 ,commodity supplemental food program4 ,sec4 #dajc4 ,distribution of surplus commodities to special nutrition projects4 ,sec4 #dajd4 ,technical and conforming amendments4 ,subtitle ,c--,miscellaneous ,sec4 #dbja4 ,purchase of fresh fruits and vegetables for distribution to schools and service institutions4 ,sec4 #dbjb4 ,seniors farmers' market nutrition program4 ,sec4 #dbjc4 ,nutrition information and awareness pilot program4 ,sec4 #dbjd4 ,whole grain products4 ,sec4 #dbje4 ,hunger-free communities4 ,sec4 #dbjf4 ,healthy ,food ,financing ,initiative4 ,sec4 #dbjg4 ,pulse crop products4 ,sec4 #dbjh4 ,dietary ,guidelines for ,americans4 ,sec4 #dbji4 ,purchases of locally produced foods4 ,,title ,v--,credit ,subtitle ,a--,farmer loans1 servicing1 and other assistance under the ,consolidated ,farm and ,rural ,development ,act ,sec4 #ejja4 ,farmer loans1 servicing1 and other assistance under the ,consolidated ,farm and ,rural ,development ,act4 ,subtitle ,b--,miscellaneous ,sec4 #eaja4 ,state agricultural mediation programs4 ,sec4 #eajb4 ,loans to purchasers of highly fractionated land4 ,sec4 #eajc4 ,removal of duplicative appraisals4 ,,title ,,vi--,rural ,development ,subtitle ,a--,reorganization of the ,consolidated ,farm and ,rural ,development ,act ,sec4 #fjja4 ,reorganization of the ,consolidated ,farm and ,rural ,development ,act4 ,sec4 #fjjb4 ,conforming amendments4 ,subtitle ,b--,rural electrification ,sec4 #faja4 ,definition of rural area4 ,sec4 #fajb4 ,guarantees for bonds and notes issued for electrification or telephone purposes4 ,sec4 #fajc4 ,expansion of #iaa access4 ,sec4 #fajd4 ,access to broadband telecommunications services in rural areas4 ,subtitle ,c--,miscellaneous ,sec4 #fbja4 ,distance learning and telemedicine4 ,sec4 #fbjb4 ,rural energy savings program4 ,sec4 #fbjc4 ,funding of pending rural development loan and grant applications4 ,sec4 #fbjd4 ,study of rural transportation issues4 ,sec4 #fbje4 ,agricultural transportation policy4 ,,title ,,vii--,research1 ,extension1 and ,related ,matters ,subtitle ,a--,national ,agricultural ,research1 ,extension1 and ,teaching ,policy ,act of #aigg ,sec4 #gaja4 ,national ,agricultural ,research1 ,extension1 ,education1 and ,economics ,advisory ,board4 ,sec4 #gajb4 ,specialty crop committee4 ,sec4 #gajc4 ,veterinary services grant program4 ,sec4 #gajd4 ,grants and fellowships for food and agriculture sciences education4 ,sec4 #gaje4 ,agricultural and food policy research centers4 ,sec4 #gajf4 ,education grants to ,alaska ,native serving institutions and ,native ,hawaiian serving institutions4 ,sec4 #gajg4 ,nutrition education program4 ,sec4 #gajh4 ,continuing animal health and disease research programs4 ,sec4 #gaji4 ,grants to upgrade agricultural and food sciences facilities at #ahij land-grant colleges1 including ,tuskegee ,university4 ,sec4 #gaaj4 ,grants to upgrade agricultural and food sciences facilities and equipment at insular area land-grant institutions4 ,sec4 #gaaa4 ,hispanic-serving institutions4 ,sec4 #gaab4 ,competitive grants for international agricultural science and education programs4 ,sec4 #gaac4 ,university research4 ,sec4 #gaad4 ,extension service4 ,sec4 #gaae4 ,supplemental and alternative crops4 ,sec4 #gaaf4 ,capacity building grants for ,,nlgca institutions4 ,sec4 #gaag4 ,aquaculture assistance programs4 ,sec4 #gaah4 ,rangeland research programs4 ,sec4 #gaai4 ,special authorization for biosecurity planning and response4 ,sec4 #gabj4 ,distance education and resident instruction grants program for insular area institutions of higher education4 ,subtitle ,b--,food1 ,agriculture1 ,conservation1 and ,trade ,act of #aiij ,sec4 #gbja4 ,best utilization of biological applications4 ,sec4 #gbjb4 ,integrated management systems4 ,sec4 #gbjc4 ,sustainable agriculture technology development and transfer program4 ,sec4 #gbjd4 ,national ,training ,program4 ,sec4 #gbje4 ,national ,genetics ,resources ,program4 ,sec4 #gbjf4 ,national ,agricultural ,weather ,information ,system4 ,sec4 #gbjg4 ,high-priority research and extension initiatives4 ,sec4 #gbjh4 ,organic agriculture research and extension initiative4 ,sec4 #gbji4 ,farm business management4 ,sec4 #gbaj4 ,regional centers of excellence4 ,sec4 #gbaa4 ,assistive technology program for farmers with disabilities4 ,sec4 #gbab4 ,national rural information center clearinghouse4 ,subtitle ,c--,agricultural ,research1 ,extension1 and ,education ,reform ,act of #aiih ,sec4 #gcja4 ,relevance and merit of agricultural research1 extension1 and education funded by the ,department4 ,sec4 #gcjb4 ,integrated research1 education1 and extension competitive grants program4 ,sec4 #gcjc4 ,support for research regarding diseases of wheat1 triticale1 and barley caused by ,fusarium graminearum or by ,tilletia indica4 ,sec4 #gcjd4 ,grants for youth organizations4 ,sec4 #gcje4 ,specialty crop research initiative4 ,sec4 #gcjf4 ,food animal residue avoidance database program4 ,sec4 #gcjg4 ,office of pest management policy4 ,sec4 #gcjh4 ,authorization of regional integrated pest management centers4 ,subtitle ,d--,other ,laws ,sec4 #gdja4 ,critical ,agricultural ,materials ,act4 ,sec4 #gdjb4 ,equity in ,educational ,land-,grant ,status ,act of #aiid4 ,sec4 #gdjc4 ,research ,facilities ,act4 ,sec4 #gdjd4 ,competitive1 ,special1 and ,facilities ,research ,grant ,act4 ,sec4 #gdje4 ,enhanced use lease authority pilot program under ,department of ,agriculture ,reorganization ,act of #aiid4 ,sec4 #gdjf4 ,renewable ,resources ,extension ,act of #aigh4 ,sec4 #gdjg4 ,national ,aquaculture ,act of #aihj4 ,sec4 #gdjh4 ,beginning farmer and rancher development program under ,farm ,security and ,rural ,investment ,act of #bjjb4 ,subtitle ,e--,food1 ,conservation1 and ,energy ,act of #bjjh ,part ,i--,agricultural ,security ,sec4 #geja4 ,agricultural biosecurity communication center4 ,sec4 #gejb4 ,assistance to build local capacity in agricultural biosecurity planning1 preparation1 and response4 ,sec4 #gejc4 ,research and development of agricultural countermeasures4 ,sec4 #gejd4 ,agricultural biosecurity grant program4 ,part ,,ii--,miscellaneous ,sec4 #geaa4 ,grazinglands research laboratory4 ,sec4 #geab4 ,budget submission and funding4 ,sec4 #geac4 ,natural products research program4 ,sec4 #gead4 ,sun grant program4 ,subtitle ,f--,miscellaneous ,sec4 #gfja4 ,foundation for ,food and ,agriculture ,research4 ,sec4 #gfjb4 ,objective and scholarly agricultural and food law research and information4 ,,title ,,viii--,forestry ,subtitle ,a--,repeal of certain forestry programs ,sec4 #hjja4 ,forest land enhancement program4 ,sec4 #hjjb4 ,watershed forestry assistance program4 ,sec4 #hjjc4 ,expired cooperative national forest products marketing program4 ,sec4 #hjjd4 ,hispanic-serving institution agricultural land national resources leadership program4 ,sec4 #hjje4 ,tribal watershed forestry assistance program4 ,subtitle ,b--,reauthorization of ,cooperative ,forestry ,assistance ,act of #aigh programs ,sec4 #haja4 ,state-wide assessment and strategies for forest resources4 ,sec4 #hajb4 ,forest stewardship program4 ,sec4 #hajc4 ,forest ,legacy ,program4 ,sec4 #hajd4 ,community forest and open space conservation program4 ,sec4 #haje4 ,urban and community forestry assistance4 ,subtitle ,c--,reauthorization of other forestry-,related laws ,sec4 #hbja4 ,rural revitalization technologies4 ,sec4 #hbjb4 ,office of ,international ,forestry4 ,sec4 #hbjc4 ,insect infestations and related diseases4 ,sec4 #hbjd4 ,stewardship end result contracting projects4 ,sec4 #hbje4 ,healthy forests reserve program4 ,subtitle ,d--,miscellaneous provisions ,sec4 #hcja4 ,mc,intire-,stennis ,cooperative ,forestry ,act4 ,sec4 #hcjb4 ,revision of strategic plan for forest inventory and analysis4 ,,title ,,ix--,energy ,sec4 #ijja4 ,definition of renewable chemical4 ,sec4 #ijjb4 ,biobased markets program4 ,sec4 #ijjc4 ,biorefinery1 renewable chemical1 and biobased product manufacturing assistance4 ,sec4 #ijjd4 ,repeal of repowering assistance program and transfer of remaining funds4 ,sec4 #ijje4 ,bioenergy program for advanced biofuels4 ,sec4 #ijjf4 ,biodiesel fuel education program4 ,sec4 #ijjg4 ,rural ,energy for ,america ,program4 ,sec4 #ijjh4 ,biomass research and development4 ,sec4 #ijji4 ,feedstock flexibility program for bioenergy producers4 ,sec4 #ijaj4 ,biomass ,crop ,assistance ,program4 ,sec4 #ijaa4 ,repeal of forest biomass for energy4 ,sec4 #ijab4 ,community wood energy program4 ,sec4 #ijac4 ,repeal of renewable fertilizer study4 ,,title ,x--,horticulture ,sec4 #ajjja4 ,specialty crops market news allocation4 ,sec4 #ajjjb4 ,repeal of grant program to improve movement of specialty crops4 ,sec4 #ajjjc4 ,farmers market and local food promotion program4 ,sec4 #ajjjd4 ,study on local food production and program evaluation4 ,sec4 #ajjje4 ,organic agriculture4 ,sec4 #ajjjf4 ,food safety education initiatives4 ,sec4 #ajjjg4 ,coordinated plant management program4 ,sec4 #ajjjh4 ,specialty crop block grants4 ,sec4 #ajjji4 ,recordkeeping1 investigations1 and enforcement4 ,sec4 #ajjaj4 ,report on honey4 ,sec4 #ajjaa4 ,effective date4 ,,title ,,xi--,crop insurance ,sec4 #aajja4 ,supplemental coverage option4 ,sec4 #aajjb4 ,premium amounts for catastrophic risk protection4 ,sec4 #aajjc4 ,permanent enterprise unit4 ,sec4 #aajjd4 ,enterprise units for irrigated and nonirrigated crops4 ,sec4 #aajje4 ,data collection4 ,sec4 #aajjf4 ,adjustment in actual production history to establish insurable yields4 ,sec4 #aajjg4 ,submission and review of policies4 ,sec4 #aajjh4 ,board review and approval4 ,sec4 #aajji4 ,consultation4 ,sec4 #aajaj4 ,budget limitations on renegotiation of the ,standard ,reinsurance ,agreement4 ,sec4 #aajaa4 ,stacked ,income ,protection ,plan for producers of upland cotton4 ,sec4 #aajab4 ,peanut revenue crop insurance4 ,sec4 #aajac4 ,authority to correct errors4 ,sec4 #aajad4 ,implementation4 ,sec4 #aajae4 ,approval of costs for research and development4 ,sec4 #aajaf4 ,whole farm risk management insurance4 ,sec4 #aajag4 ,study of food safety insurance4 ,sec4 #aajah4 ,crop insurance for livestock4 ,sec4 #aajai4 ,margin coverage for catfish4 ,sec4 #aajbj4 ,poultry business disruption insurance policy4 ,sec4 #aajba4 ,crop insurance for organic crops4 ,sec4 #aajbb4 ,research and development4 ,sec4 #aajbc4 ,pilot programs4 ,sec4 #aajbd4 ,index-based weather insurance pilot program4 ,sec4 #aajbe4 ,enhancing producer self-help through farm financial benchmarking4 ,sec4 #aajbf4 ,beginning farmer and rancher provisions4 ,sec4 #aajbg4 ,agricultural management assistance1 risk management education1 and organic certification cost share assistance4 ,sec4 #aajbh4 ,crop production on native sod4 ,sec4 #aajbi4 ,technical amendments4 ,sec4 #aajcj4 ,greater accessibility for crop insurance4 ,sec4 #aajca4 ,,gao crop insurance fraud report4 ,sec4 #aajcb4 ,limitation on premium subsidy based on average adjusted gross income4 ,,title ,,xii--,miscellaneous ,subtitle ,a--,socially disadvantaged producers and limited resource producers ,sec4 #abjja4 ,outreach and assistance for socially disadvantaged farmers and ranchers and veteran farmers and ranchers4 ,sec4 #abjjb4 ,office of ,advocacy and ,outreach4 ,subtitle ,b--,livestock ,sec4 #abaja4 ,wildlife reservoir zoonotic disease initiative4 ,sec4 #abajb4 ,trichinae certification program4 ,sec4 #abajc4 ,national ,aquatic ,animal ,health ,plan4 ,sec4 #abajd4 ,sheep production and marketing grant program4 ,sec4 #abaje4 ,feral swine eradication pilot program4 ,subtitle ,c--,other miscellaneous provisions ,sec4 #abbja4 ,military ,veterans ,agricultural ,liaison4 ,sec4 #abbjb4 ,information gathering4 ,sec4 #abbjc4 ,grants to improve supply1 stability1 safety1 and training of agricultural labor force4 ,sec4 #abbjd4 ,noninsured crop assistance program4 ,sec4 #abbje4 ,regional economic and infrastructure development4 ,sec4 #abbjf4 ,canada geese removal4 ,sec4 #abbjg4 ,office of ,tribal ,relations4 ,sec4 #abbjh4 ,repeal of duplicative program4 ,sec4 #abbji4 ,sense of the ,senate4 ,sec4 #abbaj4 ,acer ,access and ,development ,program4 ,sec4 #abbaa4 ,definition of rural area for purposes of the ,housing ,act of #aidi4 ,sec4 #abbab4 ,prohibition on attending an animal fight or causing a minor to attend an animal fight2 enforcement of animal fighting provisions4 #b4 ,definition of ,secretary ,in this ,act1 the term ,secretary means the ,secretary of ,agriculture4 ,i ,commodity programs ,a ,repeals and reforms #aaja4 ,repeal of direct payments 7a7 ,repeal ,sections #aajc and #acjc of the ,food1 ,conservation1 and ,energy ,act of #bjjh 7#g ,u4,s4,c4 #hgac1 #hgec7 are repealed4 7b7 ,continued application for #bjac crop year ,sections #aajc and #acjc of the ,food1 ,conservation1 and ,energy ,act of #bjjh 7#g ,u4,s4,c4 #hgac1 #hgec71 as in effect on the day before the date of enactment of this ,act1 shall continue to apply through the #bjac crop year with respect to all covered commodities 7as defined in section #ajja of that ,act 7#g ,u4,s4,c4 #hgjb77 7except pulse crops7 and peanuts on a farm4 #aajb4 ,repeal of counter-cyclical payments 7a7 ,repeal ,sections #aajd and #acjd of the ,food1 ,conservation1 and ,energy ,act of #bjjh 7#g ,u4,s4,c4 #hgad1 #hged7 are repealed4 7b7 ,continued application for #bjac crop year ,sections #aajd and #acjd of the ,food1 ,conservation1 and ,energy ,act of #bjjh 7#g ,u4,s4,c4 #hgad1 #hged71 as in effect on the day before the date of enactment of this ,act1 shall continue to apply through the #bjac crop year with respect to all covered commodities 7as defined in section #ajja of that ,act 7#g ,u4,s4,c4 #hgjb77 and peanuts on a farm4 #aajc4 ,repeal of average crop revenue election program 7a7 ,repeal ,section #aaje of the ,food1 ,conservation1 and ,energy ,act of #bjjh 7#g ,u4,s4,c4 #hgae7 is repealed4 7b7 ,continued application for #bjac crop year ,section #aaje of the ,food1 ,conservation1 and ,energy ,act of #bjjh 7#g ,u4,s4,c4 #hgae71 as in effect on the day before the date of enactment of this ,act1 shall continue to apply through the #bjac crop year with respect to all covered commodities 7as defined in section #ajja of that ,act 7#g ,u4,s4,c4 #hgjb77 and peanuts on a farm for which the irrevocable election under section #aaje of that ,act is made before the date of enactment of this ,act4 #aajd4 ,definitions ,in this subtitle1 subtitle ,b1 and subtitle ,f3 7#a7 ,actual crop revenue ,the term actual crop revenue1 with respect to a covered commodity for a crop year1 means the amount determined by the ,secretary under section #aaje7;c77#c74 7#b7 ,agriculture risk coverage guarantee ,the term agriculture risk coverage guarantee1 with respect to a covered commodity for a crop year1 means the amount determined by the ,secretary under section #aaje7;c77#d74 7#c7 ,agriculture risk coverage payment ,the term agriculture risk coverage payment means a payment under section #aaje7;c74 7#d7 ,average individual yield ,the term average individual yield means the yield reported by a producer for purposes of subtitle ,a of the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aeja et seq471 to the maximum extent practicable4 7#e7 ,county coverage ,for the purposes of agriculture risk coverage under section #aaje1 the term county coverage means coverage determined using the total quantity of all acreage in a county of the covered commodity that is planted or prevented from being planted for harvest by a producer with the yield determined by the average county yield described in subsection 7c7 of that section4 7#f7 ,covered commodity 7,a7 ,in general ,the term covered commodity means wheat1 corn1 grain sorghum1 barley1 oats1 long grain rice1 medium grain rice1 pulse crops1 soybeans1 other oilseeds1 and peanuts4 7,b7 ,popcorn ,the ,secretary-- 7i7 shall study the feasibility of including popcorn as a covered commodity by #bjad2 and 7ii7 if the ,secretary determines it to be feasible1 shall designate popcorn as a covered commodity4 7#g7 ,eligible acres 7,a7 ,in general ,except as provided in subparagraphs 7,b7 through 7,d71 the term eligible acres means all acres planted or prevented from being planted to all covered commodities on a farm in any crop year4 7,b7 ,maximum ,except as provided in 7,c71 the total quantity of eligible acres on a farm determined under subparagraph 7,a7 shall not exceed the average total acres planted or prevented from being planted to covered commodities and upland cotton on the farm for the #bjji through #bjab crop years1 as determined by the ,secretary4 7,c7 ,adjustment ,the ,secretary shall provide for an adjustment1 as appropriate1 in the eligible acres for covered commodities for a farm if any of the following circumstances occurs3 7i7 ,if a conservation reserve contract for a farm in a county entered into under section #abca of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chca7 expires or is voluntarily terminated or cropland is released from coverage under a conservation reserve contract1 the ,secretary shall provide for an adjustment1 as appropriate1 in the eligible acres for the farm to a total quantity that is the higher of-- 7,i7 the total base acreage for the farm1 less any upland cotton base acreage1 that was suspended during the conservation reserve contract2 or 7,,ii7 the product obtained by multiplying-- 7aa7 the average proportion that-- 7,,aa7 the total number of acres planted to covered commodities and upland cotton in the county for crop years #bjji through #bjab2 bears to 7,,bb7 the total number of all acres of covered commodities1 grassland1 and upland cotton acres in the county for the same crop years2 by 7bb7 the total acres for which coverage has expired1 voluntarily terminated1 or been released under the conservation reserve contract4 7ii7 ,the producer has eligible oilseed acreage as the result of the ,secretary designating additional oilseeds1 which shall be determined in the same manner as eligible oilseed acreage under section #aaja7;a77#a77;,d7 of the ,food1 ,conservation1 and ,energy ,act of #bjjh 7#g ,u4,s4,c4 #hgaa7;a77#a77;,d774 7iii7 ,the producer has any acreage not cropped during the #bjji through #bjab crop years1 but placed into an established rotation practice for the purposes of enriching land or conserving moisture for subsequent crop years1 including summer fallow1 as determined by the ,secretary4 7,d7 ,exclusion ,the term eligible 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 subtitle1 unless the crop was planted in an area approved for double cropping1 as determined by the ,secretary4 7#h7 ,extra long staple cotton ,the term extra long staple cotton means cotton that-- 7,a7 is produced from pure strain varieties of the ,barbadense species or any hybrid of the species1 or other similar types of extra long staple cotton1 designated by the ,secretary1 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 types2 and 7,b7 is ginned on a roller-type gin or1 if authorized by the ,secretary1 ginned on another type gin for experimental purposes4 7#i7 ,individual coverage ,for purposes of agriculture risk coverage under section #aaje1 the term individual coverage means coverage determined using the total quantity of all acreage in a county of the covered commodity that is planted or prevented from being planted for harvest by a producer with the yield determined by the average individual yield of the producer described in subsection 7c7 of that section4 7#aj7 ,medium grain rice ,the term medium grain rice includes short grain rice4 7#aa7 ,midseason price ,the term midseason price means the applicable national average market price received by producers for the first #e months of the applicable marketing year1 as determined by the ,secretary4 7#ab7 ,other oilseed ,the term other oilseed means a crop of sunflower seed1 rapeseed1 canola1 safflower1 flaxseed1 mustard seed1 crambe1 sesame seed1 or any oilseed designated by the ,secretary4 7#ac7 ,producer 7,a7 ,in general ,the term producer means an owner1 operator1 landlord1 tenant1 or sharecropper that shares in the risk of producing a crop and is entitled to share in the crop available for marketing from the farm1 or would have shared had the crop been produced4 7,b7 ,hybrid seed ,in determining whether a grower of hybrid seed is a producer1 the ,secretary shall-- 7i7 not take into consideration the existence of a hybrid seed contract2 and 7ii7 ensure that program requirements do not adversely affect the ability of the grower to receive a payment under this title4 7#ad7 ,pulse crop ,the term pulse crop means dry peas1 lentils1 small chickpeas1 and large chickpeas4 7#ae7 ,state ,the term ,state means-- 7,a7 a ,state2 7,b7 the ,district of ,columbia2 7,c7 the ,commonwealth of ,puerto ,rico2 and 7,d7 any other territory or possession of the ,united ,states4 7#af7 ,transitional yield ,the term transitional yield has the meaning given the term in section #ejb7;b7 of the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aejb7;b774 7#ag7 ,united ,states ,the term ,united ,states1 when used in a geographical sense1 means all of the ,states4 7#ah7 ,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 7,,sm7 #aa_/h-;inch upland cotton and for ,middling 7,m7 #ac_/cb-;inch upland cotton exceeds the difference in the applicable premiums for comparable international qualities4 #aaje4 ,agriculture risk coverage 7a7 ,payments required ,if the ,secretary determines that payments are required under subsection 7c71 the ,secretary shall make payments for each covered commodity available to producers in accordance with this section4 7b7 ,coverage election 7#a7 ,in general ,for the period of crop years #bjad through #bjah1 the producers shall make a #a-time1 irrevocable election to receive-- 7,a7 individual coverage under this section1 as determined by the ,secretary2 or 7,b7 in the case of a county with sufficient data 7as determined by the ,secretary71 county coverage under this section4 7#b7 ,effect of election ,the election made under paragraph 7#a7 shall be binding on the producers making the election1 regardless of covered commodities planted1 and applicable to all acres under the operational control of the producers1 in a manner that-- 7,a7 acres brought under the operational control of the producers after the election are included2 and 7,b7 acres no longer under the operational control of the producers after the election are no longer subject to the election of the producers but become subject to the election of the subsequent producers4 7#c7 ,duties of the ,secretary ,the ,secretary shall ensure that producers are precluded from taking any action1 including reconstitution1 transfer1 or other similar action1 that would have the effect of altering or reversing the election made under paragraph 7#a74 7c7 ,agriculture risk coverage 7#a7 ,payments ,the ,secretary shall make agriculture risk coverage payments available under this subsection for each of the #bjad through #bjah crop years if the ,secretary determines that-- 7,a7 the actual crop revenue for the crop year for the covered commodity2 is less than 7,b7 the agriculture risk coverage guarantee for the crop year for the covered commodity4 7#b7 ,time for payments ,if the ,secretary determines under this subsection that agriculture risk coverage payments are required to be made for the covered commodity1 the agriculture risk coverage payments shall be made as soon as practicable thereafter4 7#c7 ,actual crop revenue ,the amount of the actual crop revenue for a crop year of a covered commodity shall be equal to the product obtained by multiplying-- 7,a7 7i7 in the case of individual coverage1 the actual average individual yield for the covered commodity1 as determined by the ,secretary2 or 7ii7 in the case of county coverage1 the actual average yield for the county for the covered commodity1 as determined by the ,secretary2 and 7,b7 the higher of-- 7i7 the midseason price2 or 7ii7 if applicable1 the national marketing assistance loan rate for the covered commodity under subtitle ,b4 7#d7 ,agriculture risk coverage guarantee 7,a7 ,in general ,the agriculture risk coverage guarantee for a crop year for a covered commodity shall equal #hi percent of the benchmark revenue4 7,b7 ,benchmark revenue 7i7 ,in general ,the benchmark revenue shall be the product obtained by multiplying-- 7,i7 7aa7 in the case of individual coverage1 subject to clause 7ii71 the average individual yield1 as determined by the ,secretary1 for the most recent #e crop years1 excluding each of the crop years with the highest and lowest yields2 or 7bb7 in the case of county coverage1 the average county yield1 as determined by the ,secretary1 for the most recent #e crop years1 excluding each of the crop years with the highest and lowest yields2 and 7,,ii7 subject to clause 7iii71 the average national marketing year average price for the most recent #e crop years1 excluding each of the crop years with the highest and lowest prices4 7ii7 ,use of transitional yields ,if the yield determined under clause 7i77,i77aa7-- 7,i7 for the #bjac crop year or any prior crop year1 is less than #fj percent of the applicable transitional yield1 the ,secretary shall use #fj percent of the applicable transitional yield for that crop year2 and 7,,ii7 for the #bjad crop year and any subsequent crop year1 is less than #gj percent of the applicable transitional yield1 the ,secretary shall use #gj percent of the applicable transitional yield for that crop year4 7iii7 ,special rule for rice and peanuts ,if the national marketing year average price under clause 7i77,,ii7 for any of the applicable crop years is lower than the price for the covered commodity listed below1 the ,secretary shall use the following price for that crop year3 7,i7 ,for long grain rice1 #ac4jj per hundredweight4 7,,ii7 ,for medium grain rice1 #ac4jj per hundredweight4 7,,iii7 ,for peanuts1 #ecj4jj per ton4 7#e7 ,payment rate ,the payment rate for each covered commodity shall be equal to the lesser of-- 7,a7 the amount that-- 7i7 the agriculture risk coverage guarantee for the covered commodity2 exceeds 7ii7 the actual crop revenue for the crop year of the covered commodity2 or 7,b7 #aj percent of the benchmark revenue for the crop year of the covered commodity4 7#f7 ,payment amount ,if agriculture risk coverage payments under this subsection are required to be paid for any of the #bjad through #bjah crop years of a covered commodity1 the amount of the agriculture risk coverage payment for the crop year shall be equal to the product obtained by multiplying-- 7,a7 the payment rate under paragraph 7#e72 and 7,b7 7i7 in the case of individual coverage the sum of-- 7,i7 #fe percent of the planted eligible acres of the covered commodity2 and 7,,ii7 #de percent of the eligible acres that were prevented from being planted to the covered commodity2 or 7ii7 in the case of county coverage-- 7,i7 #hj percent of the planted eligible acres of the covered commodity2 and 7,,ii7 #de percent of the eligible acres that were prevented from being planted to the covered commodity4 7#g7 ,duties of the ,secretary ,in carrying out the program under this subsection1 the ,secretary shall-- 7,a7 to the maximum extent practicable1 use all available information and analysis to check for anomalies in the determination of payments under the program2 7,b7 to the maximum extent practicable1 calculate a separate actual crop revenue and agriculture risk coverage guarantee for irrigated and nonirrigated covered commodities2 7,c7 differentiate by type or class the national average price of-- 7i7 sunflower seeds2 7ii7 barley1 using malting barley values2 and 7iii7 wheat2 and 7,d7 assign a yield for each acre planted or prevented from being planted for the crop year for the covered commodity on the basis of the yield history of representative farms in the ,state1 region1 or crop reporting district1 as determined by the ,secretary1 if the ,secretary cannot establish the yield as determined under paragraph 7#c77;,a77ii7 or 7#d77;,b77i7 or if the yield determined under paragraph 7#c77;,a77ii7 or 7#d7 is an unrepresentative average yield for the covered commodity as determined by the ,secretary4 #aajf4 ,producer agreement required as condition of provision of payments 7a7 ,compliance with certain requirements 7#a7 ,requirements ,before the producers on a farm may receive agriculture risk coverage payments1 the producers shall agree1 during the crop year for which the payments are made and in exchange for the payments-- 7,a7 to comply with applicable conservation requirements under subtitle ,b of title ,,xii of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chaa et seq472 7,b7 to comply with applicable wetland protection requirements under subtitle ,c of title ,,xii of that ,act 7#af ,u4,s4,c4 #chba et seq472 7,c7 to use the land on the farm for an agricultural or conserving use in a quantity equal to the attributable eligible acres of the farm1 and not for a nonagricultural commercial1 industrial1 or residential use1 as determined by the ,secretary2 and 7,d7 to effectively control noxious weeds and otherwise maintain the land in accordance with sound agricultural practices1 as determined by the ,secretary1 if the agricultural or conserving use involves the noncultivation of any portion of the land referred to in subparagraph 7,c74 7#b7 ,compliance ,the ,secretary may issue such rules as the ,secretary considers necessary to ensure producer compliance with the requirements of paragraph 7#a74 7#c7 ,modification ,at the request of the transferee or owner1 the ,secretary may modify the requirements of this subsection if the modifications are consistent with the objectives of this subsection1 as determined by the ,secretary4 7b7 ,transfer or change of interest in farm 7#a7 ,termination 7,a7 ,in general ,except as provided in paragraph 7#b71 a transfer of 7or change in7 the interest of the producers on a farm for which agriculture risk coverage payments are made shall result in the termination of the agriculture risk coverage payments1 unless the transferee or owner of the acreage agrees to assume all obligations under subsection 7a74 7,b7 ,effective date ,the termination shall take effect on the date determined by the ,secretary4 7#b7 ,exception ,if a producer entitled to an agriculture risk coverage payment dies1 becomes incompetent1 or is otherwise unable to receive the payment1 the ,secretary shall make the payment1 in accordance with rules issued by the ,secretary4 7c7 ,reports 7#a7 ,acreage reports ,as a condition on the receipt of any benefits under this subtitle or subtitle ,b1 the ,secretary shall require producers on a farm to submit to the ,secretary annual acreage reports with respect to all cropland on the farm4 7#b7 ,production reports ,as a condition on the receipt of any benefits under section #aaje1 the ,secretary shall require producers on a farm to submit to the ,secretary annual production reports with respect to all covered commodities produced on the farm4 7#c7 ,penalties ,no penalty with respect to benefits under this subtitle or subtitle ,b shall be assessed against the producers on a farm for an inaccurate acreage or production report unless the producers on the farm knowingly and willfully falsified the acreage or production report4 7#d7 ,data reporting ,to the maximum extent practicable1 the ,secretary shall use data reported by the producer pursuant to requirements under the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aeja et seq47 to meet the obligations described in paragraphs 7#a7 and 7#b71 without additional submissions to the ,department4 7d7 ,tenants and sharecroppers ,in carrying out this subtitle1 the ,secretary shall provide adequate safeguards to protect the interests of tenants and sharecroppers4 #aajg4 ,period of effectiveness ,sections #aajd through #aajf shall be effective beginning with the #bjad crop year of each covered commodity through the #bjah crop year4 #aajh4 ,adjusted gross income limitation for conservation programs ,section #ajja;,d7b77#b77;,a7 of the ,food ,security ,act of #aihe 7#g ,u4,s4,c4 #acjh-c;a7b77#b77;,a77 is amended-- 7#a7 by striking ,limits4-- and all that follows through clause 7ii71 and inserting ,limits4--,notwithstanding any other provision of law12 and 7#b7 by striking clause 7ii74 ,b ,marketing assistance loans and loan deficiency payments #abja4 ,availability of nonrecourse marketing assistance loans for loan commodities 7a7 ,definition of loan commodity ,in this subtitle1 the term loan commodity means wheat1 corn1 grain sorghum1 barley1 oats1 upland cotton1 extra long staple cotton1 long grain rice1 medium grain rice1 peanuts1 soybeans1 other oilseeds1 graded wool1 nongraded wool1 mohair1 honey1 dry peas1 lentils1 small chickpeas1 and large chickpeas4 7b7 ,nonrecourse loans available 7#a7 ,in general ,for each of the #bjad through #bjah crops of each loan commodity1 the ,secretary shall make available to producers on a farm nonrecourse marketing assistance loans for loan commodities produced on the farm4 7#b7 ,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 #abjb for the loan commodity4 7c7 ,eligible production ,the producers on a farm shall be eligible for a marketing assistance loan under subsection 7b7 for any quantity of a loan commodity produced on the farm4 7d7 ,compliance with conservation and wetlands requirements 7#a7 ,requirements ,before the producers on a farm may receive a marketing assistance loan or any other payment or benefit under this subtitle1 the producers shall agree1 for the crop year for which the payments are made and in exchange for the payments-- 7,a7 to comply with applicable conservation requirements under subtitle ,b of title ,,xii of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chaa et seq472 7,b7 to comply with applicable wetland protection requirements under subtitle ,c of title ,,xii of that ,act 7#af ,u4,s4,c4 #chba et seq472 7,c7 to use the land on the farm for an agricultural or conserving use in a quantity equal to the attributable eligible acres of the farm1 and not for a nonagricultural commercial1 industrial1 or residential use1 as determined by the ,secretary2 and 7,d7 to effectively control noxious weeds and otherwise maintain the land in accordance with sound agricultural practices1 as determined by the ,secretary1 if the agricultural or conserving use involves the noncultivation of any portion of the land referred to in subparagraph 7,c74 7#b7 ,compliance ,the ,secretary may issue such rules as the ,secretary considers necessary to ensure producer compliance with paragraph 7#a74 7#c7 ,modification ,at the request of a transferee or owner1 the ,secretary may modify the requirements of this subsection if the modifications are consistent with the purposes of this subsection1 as determined by the ,secretary4 7e7 ,special rules for peanuts 7#a7 ,in general ,this subsection shall apply only to producers of peanuts4 7#b7 ,options for obtaining loan ,a marketing assistance loan under this section1 and loan deficiency payments under section #abje1 may be obtained at the option of the producers on a farm through-- 7,a7 a designated marketing association or marketing cooperative of producers that is approved by the ,secretary2 or 7,b7 the ,farm ,service ,agency4 7#c7 ,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 section1 the individual or entity shall agree-- 7,a7 to provide the storage on a nondiscriminatory basis2 and 7,b7 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 section4 7#d7 ,storage1 handling1 and associated costs 7,a7 ,in general ,to ensure proper storage of peanuts for which a loan is made under this section1 the ,secretary shall pay handling and other associated costs 7other than storage costs7 incurred at the time at which the peanuts are placed under loan1 as determined by the ,secretary4 7,b7 ,redemption and forfeiture ,the ,secretary shall-- 7i7 require the repayment of handling and other associated costs paid under subparagraph 7,a7 for all peanuts pledged as collateral for a loan that is redeemed under this section2 and 7ii7 pay storage1 handling1 and other associated costs for all peanuts pledged as collateral that are forfeited under this section4 7#e7 ,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 needs1 including the separation of peanuts by type and quality4 7#f7 ,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 commodities4 #abjb4 ,loan rates for nonrecourse marketing assistance loans 7a7 ,in general ,for purposes of each of the #bjad through #bjah crop years1 the loan rate for a marketing assistance loan under section #abja for a loan commodity shall be equal to the following3 7#a7 ,in the case of wheat1 #b4id per bushel4 7#b7 ,in the case of corn1 #a4ie per bushel4 7#c7 ,in the case of grain sorghum1 #a4ie per bushel4 7#d7 ,in the case of barley1 #a4ie per bushel4 7#e7 ,in the case of oats1 #a4ci per bushel4 7#f7 ,in the case of base quality of upland cotton1 for the #bjac and each subsequent crop year1 the simple average of the adjusted prevailing world price for the #b immediately preceding marketing years1 as determined by the ,secretary and announced ,october #a preceding the next domestic plantings1 but in no case less than #j4dg per pound or more than #j4eb per pound4 7#g7 ,in the case of extra long staple cotton1 #j4gigg per pound4 7#h7 ,in the case of long grain rice1 #f4ej per hundredweight4 7#i7 ,in the case of medium grain rice1 #f4ej per hundredweight4 7#aj7 ,in the case of soybeans1 #e4jj per bushel4 7#aa7 ,in the case of other oilseeds1 #aj4ji per hundredweight for each of the following kinds of oilseeds3 7,a7 ,sunflower seed4 7,b7 ,rapeseed4 7,c7 ,canola4 7,d7 ,safflower4 7,e7 ,flaxseed4 7,f7 ,mustard seed4 7,g7 ,crambe4 7,h7 ,sesame seed4 7,i7 ,other oilseeds designated by the ,secretary4 7#ab7 ,in the case of dry peas1 #e4dj per hundredweight4 7#ac7 ,in the case of lentils1 #aa4bh per hundredweight4 7#ad7 ,in the case of small chickpeas1 #g4dc per hundredweight4 7#ae7 ,in the case of large chickpeas1 #aa4bh per hundredweight4 7#af7 ,in the case of graded wool1 #a4ae per pound4 7#ag7 ,in the case of nongraded wool1 #j4dj per pound4 7#ah7 ,in the case of mohair1 #d4bj per pound4 7#ai7 ,in the case of honey1 #j4fi per pound4 7#bj7 ,in the case of peanuts1 #cee per ton4 7b7 ,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 7a77#aa74 #abjc4 ,term of loans 7a7 ,term of loan ,in the case of each loan commodity1 a marketing assistance loan under section #abja shall have a term of #i months beginning on the first day of the first month after the month in which the loan is made4 7b7 ,extensions prohibited ,the ,secretary may not extend the term of a marketing assistance loan for any loan commodity4 #abjd4 ,repayment of loans 7a7 ,general rule ,the ,secretary shall permit the producers on a farm to repay a marketing assistance loan under section #abja for a loan commodity 7other than upland cotton1 long grain rice1 medium grain rice1 extra long staple cotton1 peanuts and confectionery and each other kind of sunflower seed 7other than oil sunflower seed77 at a rate that is the lesser of-- 7#a7 the loan rate established for the commodity under section #abjb1 plus interest 7determined in accordance with section #afc of the ,federal ,agriculture ,improvement and ,reform ,act of #aiif 7#g ,u4,s4,c4 #gbhc772 7#b7 a rate 7as determined by the ,secretary7 that-- 7,a7 is calculated based on average market prices for the loan commodity during the preceding #cj-;day period2 and 7,b7 will minimize discrepancies in marketing loan benefits across ,state boundaries and across county boundaries2 or 7#c7 a rate that the ,secretary may develop using alternative methods for calculating a repayment rate for a loan commodity that the ,secretary determines will-- 7,a7 minimize potential loan forfeitures2 7,b7 minimize the accumulation of stocks of the commodity by the ,federal ,government2 7,c7 minimize the cost incurred by the ,federal ,government in storing the commodity2 7,d7 allow the commodity produced in the ,united ,states to be marketed freely and competitively1 both domestically and internationally2 and 7,e7 minimize discrepancies in marketing loan benefits across ,state boundaries and across county boundaries4 7b7 ,repayment rates for upland cotton1 long grain rice1 and medium grain rice ,the ,secretary shall permit producers to repay a marketing assistance loan under section #abja for upland cotton1 long grain rice1 and medium grain rice at a rate that is the lesser of-- 7#a7 the loan rate established for the commodity under section #abjb1 plus interest 7determined in accordance with section #afc of the ,federal ,agriculture ,improvement and ,reform ,act of #aiif 7#g ,u4,s4,c4 #gbhc772 or 7#b7 the prevailing world market price for the commodity1 as determined and adjusted by the ,secretary in accordance with this section4 7c7 ,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 #abjb1 plus interest 7determined in accordance with section #afc of the ,federal ,agriculture ,improvement and ,reform ,act of #aiif 7#g ,u4,s4,c4 #gbhc774 7d7 ,prevailing world market price ,for purposes of this section1 the ,secretary shall prescribe by regulation-- 7#a7 a formula to determine the prevailing world market price for each of upland cotton1 long grain rice1 and medium grain rice2 and 7#b7 a mechanism by which the ,secretary shall announce periodically those prevailing world market prices4 7e7 ,adjustment of prevailing world market price for upland cotton1 long grain rice1 and medium grain rice 7#a7 ,rice ,the prevailing world market price for long grain rice and medium grain rice determined under subsection 7d7 shall be adjusted to ,united ,states quality and location4 7#b7 ,cotton ,the prevailing world market price for upland cotton determined under subsection 7d7-- 7,a7 shall be adjusted to ,united ,states quality and location1 with the adjustment to include-- 7i7 a reduction equal to any ,united ,states ,premium ,factor for upland cotton of a quality higher than ,middling 7,m7 #ac_/cb-;inch2 and 7ii7 the average costs to market the commodity1 including average transportation costs1 as determined by the ,secretary2 and 7,b7 may be further adjusted1 during the period beginning on the date of enactment of this ,act and ending on ,july #ca1 #bjah1 if the ,secretary determines the adjustment is necessary-- 7i7 to minimize potential loan forfeitures2 7ii7 to minimize the accumulation of stocks of upland cotton by the ,federal ,government2 7iii7 to ensure that upland cotton produced in the ,united ,states can be marketed freely and competitively1 both domestically and internationally2 and 7iv7 to ensure an appropriate transition between current-crop and forward-crop price quotations1 except that the ,secretary may use forward-crop price quotations prior to ,july #ca of a marketing year only if-- 7,i7 there are insufficient current-crop price quotations2 and 7,,ii7 the forward-crop price quotation is the lowest such quotation available4 7#c7 ,guidelines for additional adjustments ,in making adjustments under this subsection1 the ,secretary shall establish a mechanism for determining and announcing the adjustments in order to avoid undue disruption in the ,united ,states market4 7f7 ,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 #abja for confectionery and each other kind of sunflower seed 7other than oil sunflower seed7 at a rate that is the lesser of-- 7#a7 the loan rate established for the commodity under section #abjb1 plus interest 7determined in accordance with section #afc of the ,federal ,agriculture ,improvement and ,reform ,act of #aiif 7#g ,u4,s4,c4 #gbhc772 or 7#b7 the repayment rate established for oil sunflower seed4 7g7 ,payment of cotton storage costs ,effective for each of the #bjad through #bjah crop years1 the ,secretary shall make cotton storage payments available in the same manner1 and at the same rates as the ,secretary provided storage payments for the #bjjf crop of cotton1 except that the rates shall be reduced by #bj percent4 7h7 ,repayment rate for peanuts ,the ,secretary shall permit producers on a farm to repay a marketing assistance loan for peanuts under subsection 7a7 at a rate that is the lesser of-- 7#a7 the loan rate established for peanuts under subsection 7b71 plus interest 7determined in accordance with section #afc of the ,federal ,agriculture ,improvement and ,reform ,act of #aiif 7#g ,u4,s4,c4 #gbhc772 or 7#b7 a rate that the ,secretary determines will-- 7,a7 minimize potential loan forfeitures2 7,b7 minimize the accumulation of stocks of peanuts by the ,federal ,government2 7,c7 minimize the cost incurred by the ,federal ,government in storing peanuts2 and 7,d7 allow peanuts produced in the ,united ,states to be marketed freely and competitively1 both domestically and internationally4 7i7 ,authority ,to temporarily adjust repayment rates 7#a7 ,adjustment authority ,in the event of a severe disruption to marketing1 transportation1 or related infrastructure1 the ,secretary may modify the repayment rate otherwise applicable under this section for marketing assistance loans under section #abja for a loan commodity4 7#b7 ,duration ,any adjustment made under paragraph 7#a7 in the repayment rate for marketing assistance loans for a loan commodity shall be in effect on a short-term and temporary basis1 as determined by the ,secretary4 #abje4 ,loan deficiency payments 7a7 ,availability of loan deficiency payments 7#a7 ,in general ,except as provided in subsection 7d71 the ,secretary may make loan deficiency payments available to producers on a farm that1 although eligible to obtain a marketing assistance loan under section #abja with respect to a loan commodity1 agree to forgo obtaining the loan for the commodity in return for loan deficiency payments under this section4 7#b7 ,unshorn pelts1 hay1 and silage 7,a7 ,marketing assistance loans ,subject to subparagraph 7,b71 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 #abja4 7,b7 ,loan deficiency payment ,effective for the #bjad through #bjah crop years1 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 commodity4 7b7 ,computation ,a loan deficiency payment for a loan commodity or commodity referred to in subsection 7a77#b7 shall be equal to the product obtained by multiplying-- 7#a7 the payment rate determined under subsection 7c7 for the commodity2 by 7#b7 the quantity of the commodity produced by the eligible producers1 excluding any quantity for which the producers obtain a marketing assistance loan under section #abja4 7c7 ,payment rate 7#a7 ,in general ,in the case of a loan commodity1 the payment rate shall be the amount by which-- 7,a7 the loan rate established under section #abjb for the loan commodity2 exceeds 7,b7 the rate at which a marketing assistance loan for the loan commodity may be repaid under section #abjd4 7#b7 ,unshorn pelts ,in the case of unshorn pelts1 the payment rate shall be the amount by which-- 7,a7 the loan rate established under section #abjb for ungraded wool2 exceeds 7,b7 the rate at which a marketing assistance loan for ungraded wool may be repaid under section #abjd4 7#c7 ,hay and silage ,in the case of hay or silage derived from a loan commodity1 the payment rate shall be the amount by which-- 7,a7 the loan rate established under section #abjb for the loan commodity from which the hay or silage is derived2 exceeds 7,b7 the rate at which a marketing assistance loan for the loan commodity may be repaid under section #abjd4 7d7 ,exception for extra long staple cotton ,this section shall not apply with respect to extra long staple cotton4 7e7 ,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 7a77#b7 using the payment rate in effect under subsection 7c7 as of the date the producers request the payment4 #abjf4 ,payments in lieu of loan deficiency payments for grazed acreage 7a7 ,eligible producers 7#a7 ,in general ,effective for the #bjad through #bjah crop years1 in the case of a producer that would be eligible for a loan deficiency payment under section #abje for wheat1 barley1 or oats1 but that elects to use acreage planted to the wheat1 barley1 or oats for the grazing of livestock1 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 wheat1 barley1 or oats on that acreage4 7#b7 ,grazing of triticale acreage ,effective for the #bjad through #bjah crop years1 with respect to a producer on a farm that uses acreage planted to triticale for the grazing of livestock1 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 acreage4 7b7 ,payment amount 7#a7 ,in general ,the amount of a payment made under this section to a producer on a farm described in subsection 7a77#a7 shall be equal to the amount determined by multiplying-- 7,a7 the loan deficiency payment rate determined under section #abje7;c7 in effect1 as of the date of the agreement1 for the county in which the farm is located2 by 7,b7 the payment quantity determined by multiplying-- 7i7 the quantity of the grazed acreage on the farm with respect to which the producer elects to forgo harvesting of wheat1 barley1 or oats2 and 7ii7 7,i7 the yield in effect for the calculation of agriculture risk coverage payments under subtitle ,a with respect to that loan commodity on the farm2 or 7,,ii7 in the case of a farm without a payment yield for that loan commodity1 an appropriate yield established by the ,secretary4 7#b7 ,grazing of triticale acreage ,the amount of a payment made under this section to a producer on a farm described in subsection 7a77#b7 shall be equal to the amount determined by multiplying-- 7,a7 the loan deficiency payment rate determined under section #abje7;c7 in effect for wheat1 as of the date of the agreement1 for the county in which the farm is located2 by 7,b7 the payment quantity determined by multiplying-- 7i7 the quantity of the grazed acreage on the farm with respect to which the producer elects to forgo harvesting of triticale2 and 7ii7 7,i7 the yield in effect for the calculation of agriculture risk coverage payments under subtitle ,a with respect to wheat on the farm2 or 7,,ii7 in the case of a farm without a payment yield for wheat1 an appropriate yield established by the ,secretary in a manner consistent with section #aajb of the ,food1 ,conservation1 and ,energy ,act of #bjjh 7#g ,u4,s4,c4 #hgab74 7c7 ,time1 manner1 and availability of payment 7#a7 ,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 #abje4 7#b7 ,availability 7,a7 ,in general ,the ,secretary shall establish an availability period for the payments authorized by this section4 7,b7 ,certain commodities ,in the case of wheat1 barley1 and oats1 the availability period shall be consistent with the availability period for the commodity established by the ,secretary for marketing assistance loans authorized by this subtitle4 7d7 ,prohibition on crop insurance indemnity or noninsured crop assistance ,a #bjad through #bjah crop of wheat1 barley1 oats1 or triticale planted on acreage that a producer elects1 in the agreement required by subsection 7a71 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#g ,u4,s4,c4 #aeja et seq47 or noninsured crop assistance under section #aif of the ,federal ,agriculture ,improvement and ,reform ,act of #aiif 7#g ,u4,s4,c4 #gccc74 #abjg4 ,special competitive provisions for extra long staple cotton 7a7 ,competitiveness program ,notwithstanding any other provision of law1 during the period beginning on the date of enactment of this ,act through ,july #ca1 #bjah1 the ,secretary shall carry out a program-- 7#a7 to maintain and expand the domestic use of extra long staple cotton produced in the ,united ,states2 7#b7 to increase exports of extra long staple cotton produced in the ,united ,states2 and 7#c7 to ensure that extra long staple cotton produced in the ,united ,states remains competitive in world markets4 7b7 ,payments under program2 trigger ,under the program1 the ,secretary shall make payments available under this section whenever-- 7#a7 for a consecutive #d-week period1 the world market price for the lowest priced competing growth of extra long staple cotton 7adjusted to ,united ,states quality and location and for other factors affecting the competitiveness of such cotton71 as determined by the ,secretary1 is below the prevailing ,united ,states price for a competing growth of extra long staple cotton2 and 7#b7 the lowest priced competing growth of extra long staple cotton 7adjusted to ,united ,states quality and location and for other factors affecting the competitiveness of such cotton71 as determined by the ,secretary1 is less than #acd percent of the loan rate for extra long staple cotton4 7c7 ,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 section4 7d7 ,payment amount ,payments under this section shall be based on the amount of the difference in the prices referred to in subsection 7b77#a7 during the fourth week of the consecutive #d-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 #d-week period4 #abjh4 ,availability of recourse loans for high moisture feed grains and seed cotton 7a7 ,high moisture feed grains 7#a7 ,definition of high moisture state ,in this subsection1 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 #abja4 7#b7 ,recourse loans available ,for each of the #bjad through #bjah crops of corn and grain sorghum1 the ,secretary shall make available recourse loans1 as determined by the ,secretary1 to producers on a farm that-- 7,a7 normally harvest all or a portion of their crop of corn or grain sorghum in a high moisture state2 7,b7 present-- 7i7 certified scale tickets from an inspected1 certified commercial scale1 including a licensed warehouse1 feedlot1 feed mill1 distillery1 or other similar entity approved by the ,secretary1 pursuant to regulations issued by the ,secretary2 or 7ii7 field or other physical measurements of the standing or stored crop in regions of the ,united ,states1 as determined by the ,secretary1 that do not have certified commercial scales from which certified scale tickets may be obtained within reasonable proximity of harvest operation2 7,c7 certify that the producers on the farm were the owners of the feed grain at the time of delivery to1 and that the quantity to be placed under loan under this subsection was in fact harvested on the farm and delivered to1 a feedlot1 feed mill1 or commercial or on-farm high-moisture storage facility1 or to a facility maintained by the users of corn and grain sorghum in a high moisture state2 and 7,d7 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 ,secretary4 7#c7 ,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-- 7,a7 the acreage of the corn or grain sorghum in a high moisture state harvested on the farm of the producer2 by 7,b7 the lower of the actual average yield used to make payments under subtitle ,a or the actual yield on a field1 as determined by the ,secretary1 that is similar to the field from which the corn or grain sorghum was obtained4 7b7 ,recourse loans available for seed cotton ,for each of the #bjad through #bjah crops of upland cotton and extra long staple cotton1 the ,secretary shall make available recourse seed cotton loans1 as determined by the ,secretary1 on any production4 7c7 ,repayment rates ,repayment of a recourse loan made under this section shall be at the loan rate established for the commodity by the ,secretary1 plus interest 7determined in accordance with section #afc of the ,federal ,agriculture ,improvement and ,reform ,act of #aiif 7#g ,u4,s4,c4 #gbhc774 #abji4 ,adjustments of loans 7a7 ,adjustment authority ,subject to subsection 7e71 the ,secretary may make appropriate adjustments in the loan rates for any loan commodity 7other than cotton7 for differences in grade1 type1 quality1 location1 and other factors4 7b7 ,manner of adjustment ,the adjustments under subsection 7a7 shall1 to the maximum extent practicable1 be made in such a manner that the average loan level for the commodity will1 on the basis of the anticipated incidence of the factors1 be equal to the level of support determined in accordance with this subtitle and subtitles ,c through ,e4 7c7 ,adjustment on county basis 7#a7 ,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 #ie percent of the national average loan rate1 if those loan rates do not result in an increase in outlays4 7#b7 ,prohibition ,adjustments under this subsection shall not result in an increase in the national average loan rate for any year4 7d7 ,adjustment in loan rate for cotton 7#a7 ,in general ,the ,secretary may make appropriate adjustments in the loan rate for cotton for differences in quality factors4 7#b7 ,revisions to quality adjustments for upland cotton 7,a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall implement revisions in the administration of the marketing assistance loan program for upland cotton to more accurately and efficiently reflect market values for upland cotton4 7,b7 ,mandatory revisions ,revisions under subparagraph 7,a7 shall include-- 7i7 the elimination of warehouse location differentials2 7ii7 the establishment of differentials for the various quality factors and staple lengths of cotton based on a #c-year1 weighted moving average of the weighted designated spot market regions1 as determined by regional production2 7iii7 the elimination of any artificial split in the premium or discount between upland cotton with a #cb or #cc staple length due to micronaire2 and 7iv7 a mechanism to ensure that no premium or discount is established that exceeds the premium or discount associated with a leaf grade that is #a better than the applicable color grade4 7,c7 ,discretionary revisions ,revisions under subparagraph 7,a7 may include-- 7i7 the use of non-spot market price data1 in addition to spot market price data1 that would enhance the accuracy of the price information used in determining quality adjustments under this subsection2 7ii7 adjustments in the premiums or discounts associated with upland cotton with a staple length of #cc or above due to micronaire with the goal of eliminating any unnecessary artificial splits in the calculations of the premiums or discounts2 and 7iii7 such other adjustments as the ,secretary determines appropriate1 after consultations conducted in accordance with paragraph 7#c74 7#c7 ,consultation with private sector 7,a7 ,prior to revision ,in making adjustments to the loan rate for cotton 7including any review of the adjustments7 as provided in this subsection1 the ,secretary shall consult with representatives of the ,united ,states cotton industry4 7,b7 ,inapplicability of ,federal ,advisory ,committee ,act ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall not apply to consultations under this subsection4 7#d7 ,review of adjustments ,the ,secretary may review the operation of the upland cotton quality adjustments implemented pursuant to this subsection and may make further revisions to the administration of the loan program for upland cotton1 by-- 7,a7 revoking or revising any actions taken under paragraph 7#b77;,b72 or 7,b7 revoking or revising any actions taken or authorized to be taken under paragraph 7#b77;,c74 7e7 ,rice ,the ,secretary shall not make adjustments in the loan rates for long grain rice and medium grain rice1 except for differences in grade and quality 7including milling yields74 ,c ,sugar #acja4 ,sugar program 7a7 ,continuation of current program and loan rates 7#a7 ,sugarcane ,section #aef7;a77#e7 of the ,federal ,agriculture ,improvement and ,reform ,act of #aiif 7#g ,u4,s4,c4 #gbgb7;a77#e77 is amended by striking the #bjab crop year and inserting each of the #bjad through #bjah crop years4 7#b7 ,sugar beets ,section #aef7;b77#b7 of the ,federal ,agriculture ,improvement and ,reform ,act of #aiif 7#g ,u4,s4,c4 #gbgb7;b77#b77 is amended by striking #bjab and inserting #bjah4 7#c7 ,effective period ,section #aef7;i7 of the ,federal ,agriculture ,improvement and ,reform ,act of #aiif 7#g ,u4,s4,c4 #gbgb7;i77 is amended by striking #bjab and inserting #bjah4 7b7 ,flexible marketing allotments for sugar 7#a7 ,sugar estimates ,section #cei;b7a77#a7 of the ,agricultural ,adjustment ,act of #aich 7#g ,u4,s4,c4 #acei;bb7a77#a77 is amended by striking #bjab and inserting #bjah4 7#b7 ,sugar import quota adjustment date ,section #ceik7b7 of the ,agricultural ,adjustment ,act of #aich 7#g ,u4,s4,c4 #aceikk7b77 is amended-- 7,a7 by striking ,april #a each place it appears and inserting ,february #a2 and 7,b7 by striking ,april #a each place it appears and inserting ,february #a4 7#c7 ,effective period ,section #ceil7a7 of the ,agricultural ,adjustment ,act of #aich 7#g ,u4,s4,c4 #aceill7a77 is amended by striking #bjab and inserting #bjah4 ,d ,dairy ,i ,dairy production margin protection and dairy market stabilization programs #adja4 ,definitions ,in this part3 7#a7 ,actual dairy production margin ,the term actual dairy production margin means the difference between the all-milk price and the average feed cost1 as calculated under section #adjb4 7#b7 ,all-milk price ,the term all-milk price means the average price received1 per hundredweight of milk1 by dairy operations for all milk sold to plants and dealers in the ,united ,states1 as determined by the ,secretary4 7#c7 ,annual production history ,the term annual production history means the production history determined for a participating dairy operation under section #adac7;b7 whenever the participating dairy operation purchases supplemental production margin protection4 7#d7 ,average feed cost ,the term average feed cost means the average cost of feed used by a dairy operation to produce a hundredweight of milk1 determined under section #adjb using the sum of the following3 7,a7 ,the product determined by multiplying #a4jgbh by the price of corn per bushel4 7,b7 ,the product determined by multiplying #j4jjgce by the price of soybean meal per ton4 7,c7 ,the product determined by multiplying #j4jacg by the price of alfalfa hay per ton4 7#e7 ,basic production history ,the term basic production history means the production history determined for a participating dairy operation under section #adac7;a7 for provision of basic production margin protection4 7#f7 ,consecutive #b-month period ,the term consecutive #b-month period refers to the #b-month period consisting of the months of ,january and ,february1 ,march and ,april1 ,may and ,june1 ,july and ,august1 ,september and ,october1 or ,november and ,december1 respectively4 7#g7 ,dairy operation 7,a7 ,in general ,the term dairy operation means1 as determined by the ,secretary1 #a or more dairy producers that produce and market milk as a single dairy operation in which each dairy producer-- 7i7 shares in the pooling of resources and a common ownership structure2 7ii7 is at risk in the production of milk on the dairy operation2 and 7iii7 contributes land1 labor1 management1 equipment1 or capital to the dairy operation4 7,b7 ,additional ownership structures ,the ,secretary shall determine additional ownership structures to be covered by the definition of dairy operation4 7#h7 ,handler 7,a7 ,in general ,the term handler means the initial individual or entity making payment to a dairy operation for milk produced in the ,united ,states and marketed for commercial use4 7,b7 ,producer-handler ,the term includes a producer-handler when the producer satisfies the definition in subparagraph 7,a74 7#i7 ,participating dairy operation ,the term participating dairy operation means a dairy operation that-- 7,a7 signs up under section #adab to participate in the production margin protection program under subpart ,a2 and 7,b7 as a result1 also participates in the stabilization program under subpart ,b4 7#aj7 ,production margin protection program ,the term production margin protection program means the dairy production margin protection program required by subpart ,a4 7#aa7 ,secretary ,the term ,secretary means the ,secretary of ,agriculture4 7#ab7 ,stabilization program ,the term stabilization program means the dairy market stabilization program required by subpart ,b for all participating dairy operations4 7#ac7 ,stabilization program base ,the term stabilization program base1 with respect to a participating dairy operation1 means the stabilization program base calculated for the participating dairy operation under section #adca7;b74 7#ad7 ,united ,states ,the term ,united ,states1 in a geographical sense1 means the #ej ,states1 the ,district of ,columbia1 ,american ,samoa1 ,guam1 the ,commonwealth of the ,northern ,mariana ,islands1 the ,commonwealth of ,puerto ,rico1 the ,virgin ,islands of the ,united ,states1 and any other territory or possession of the ,united ,states4 #adjb4 ,calculation of average feed cost and actual dairy production margins 7a7 ,calculation of average feed cost ,the ,secretary shall calculate the national average feed cost for each month using the following data3 7#a7 ,the price of corn for a month shall be the price received during that month by farmers in the ,united ,states for corn1 as reported in the monthly ,agricultural ,prices report by the ,secretary4 7#b7 ,the price of soybean meal for a month shall be the central ,illinois price for soybean meal1 as reported in the ,market ,news-,monthly ,soybean ,meal ,price ,report by the ,secretary4 7#c7 ,the price of alfalfa hay for a month shall be the price received during that month by farmers in the ,united ,states for alfalfa hay1 as reported in the monthly ,agricultural ,prices report by the ,secretary4 7b7 ,calculation of actual dairy production margins 7#a7 ,production margin protection program ,for use in the production margin protection program under subpart ,a1 the ,secretary shall calculate the actual dairy production margin for each consecutive #b-month period by subtracting-- 7,a7 the average feed cost for that consecutive #b-month period1 determined in accordance with subsection 7a72 from 7,b7 the all-milk price for that consecutive #b-month period4 7#b7 ,stabilization program ,for use in the stabilization program under subpart ,b1 the ,secretary shall calculate each month the actual dairy production margin for the preceding month by subtracting-- 7,a7 the average feed cost for that preceding month1 determined in accordance with subsection 7a72 from 7,b7 the all-milk price for that preceding month4 7#c7 ,time for calculations ,the calculations required by paragraphs 7#a7 and 7#b7 shall be made as soon as practicable using the full month price of the applicable reference month4 ,a ,dairy production margin protection program #adaa4 ,establishment of dairy production margin protection program ,effective not later than #abj days after the effective date of this subtitle1 the ,secretary shall establish and administer a dairy production margin protection program under which participating dairy operations are paid-- 7#a7 basic production margin protection program payments under section #adad when actual dairy production margins are less than the threshold levels for such payments2 and 7#b7 supplemental production margin protection program payments under section #adae if purchased by a participating dairy operation4 #adab4 ,participation of dairy operations in production margin protection program 7a7 ,eligibility ,all dairy operations in the ,united ,states shall be eligible to participate in the production margin protection program1 except that a participating dairy operation shall be required to register with the ,secretary before the participating dairy operation may receive-- 7#a7 basic production margin protection program payments under section #adad2 and 7#b7 if the participating dairy operation purchases supplemental production margin protection under section #adae1 supplemental production margin protection program payments under such section4 7b7 ,registration process 7#a7 ,in general ,the ,secretary shall specify the manner and form by which a participating dairy operation may register to participate in the production margin protection program4 7#b7 ,treatment of multiproducer dairy operations ,if a participating dairy operation is operated by more than #a dairy producer1 all of the dairy producers of the participating dairy operation shall be treated as a single dairy operation for purposes of-- 7,a7 registration to receive basic production margin protection and election to purchase supplemental production margin protection2 7,b7 payment of the participation fee under subsection 7d7 and producer premiums under section #adae2 and 7,c7 participation in the stabilization program under subtitle ,b4 7#c7 ,treatment of producers with multiple dairy operations ,if a dairy producer operates #b or more dairy operations1 each dairy operation of the producer shall separately register to receive basic production margin protection and purchase supplemental production margin protection and only those dairy operations so registered shall be covered by the stabilization program4 7c7 ,time for registration 7#a7 ,existing dairy operations ,during the #ae-month period beginning on the date of the initiation of the registration period for the production margin protection program1 a dairy operation that is actively engaged as of such date may register with the ,secretary-- 7,a7 to receive basic production margin protection2 and 7,b7 if the dairy operation elects1 to purchase supplemental production margin protection4 7#b7 ,new ,entrants ,a dairy producer that has no existing interest in a dairy operation as of the date of the initiation of the registration period for the production margin protection program1 but that1 after such date1 establishes a new dairy operation1 may register with the ,secretary during the #a-year period beginning on the date on which the dairy operation first markets milk commercially-- 7,a7 to receive basic production margin protection2 and 7,b7 if the dairy operation elects1 to purchase supplemental production margin protection4 7d7 ,transition from ,,milc to production margin protection 7#a7 ,definition of transition period ,in this subsection1 the term transition period means the period during which the milk income loss program established under section #aejf of the ,food1 ,conservation1 and ,energy ,act of #bjjh 7#g ,u4,s4,c4 #hggc7 and the production margin protection program under this subtitle are both in existence4 7#b7 ,notice of availability ,not later than #cj days after the date of enactment of this ,act1 the ,secretary shall publish a notice in the ,federal ,register to inform dairy operations of the availability of basic production margin protection and supplemental production margin protection1 including the terms of the protection and information about the option of dairy operations during the transition period to make an election described in paragraph 7#c74 7#c7 ,election ,except as provided in paragraph 7#d71 a dairy operation may elect to participate in either the milk income loss program established under section #aejf of the ,food1 ,conservation1 and ,energy ,act of #bjjh 7#g ,u4,s4,c4 #hggc7 or the production margin protection program under this subtitle for the duration of the transition period4 7#d7 ,transfer to production margin protection ,a dairy operation that elects to participate in the milk income loss program established under section #aejf of the ,food1 ,conservation1 and ,energy ,act of #bjjh 7#g ,u4,s4,c4 #hggc7 during the transition period may1 at any time1 make a permanent transfer to the production margin protection program4 7e7 ,administration fee 7#a7 ,administration fee required ,except as provided in paragraph 7#e71 a participating dairy operation shall-- 7,a7 pay an administration fee under this subsection to register to participate in the production margin protection program2 and 7,b7 pay the administration fee annually thereafter to continue to participate in the production margin protection program4 7#b7 ,fee amount ,the administration fee for a participating dairy operation for a calendar year shall be based on the pounds of milk 7in millions7 marketed by the participating dairy operation in the previous calendar year1 as follows3 ,pounds ,marketed 7in millions7,administration ,fee less than #aajj #a to #e #bej more than #e to #ajcej more than #aj to #dja1jjj more than #djb1ejj4 7#c7 ,deposit of ,fees ,all administration fees collected under this subsection shall be credited to the fund or account used to cover the costs incurred to administer the production margin protection program and the stabilization program and shall be available to the ,secretary1 without further appropriation and until expended1 for use or transfer as provided in paragraph 7#d74 7#d7 ,use of ,fees ,the ,secretary shall use administration fees collected under this subsection-- 7,a7 to cover administrative costs of the production margin protection program and stabilization program2 and 7,b7 to cover costs of the ,department of ,agriculture relating to reporting of dairy market news1 carrying out the amendments made by section #adgf1 and carrying out section #bgc of the ,agricultural ,marketing ,act of #aidf 7#g ,u4,s4,c4 #afcg;b71 to the extent funds remain available after operation of subparagraph 7,a74 7#e7 ,waiver ,the ,secretary shall waive or reduce the administration fee required under paragraph 7#a7 in the case of a limited-resource dairy operation1 as defined by the ,secretary4 7f7 ,limitation ,a dairy operation may only participate in the production margin protection program or the livestock gross margin for dairy program under the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aeja et seq471 but not both4 #adac4 ,production history of participating dairy operations 7a7 ,production history for basic production margin protection 7#a7 ,determination required ,for purposes of providing basic production margin protection1 the ,secretary shall determine the basic production history of a participating dairy operation4 7#b7 ,calculation ,except as provided in paragraph 7#c71 the basic production history of a participating dairy operation for basic production margin protection is equal to the highest annual milk marketings of the participating dairy operation during any #a of the #c calendar years immediately preceding the calendar year in which the participating dairy operation first signed up to participate in the production margin protection program4 7#c7 ,election by new dairy operations ,in the case of a participating dairy operation that has been in operation for less than a year1 the participating dairy operation shall elect #a of the following methods for the ,secretary to determine the basic production history of the participating dairy operation3 7,a7 ,the volume of the actual milk marketings for the months the participating dairy operation has been in operation extrapolated to a yearly amount4 7,b7 ,an estimate of the actual milk marketings of the participating dairy operation based on the herd size of the participating dairy operation relative to the national rolling herd average data published by the ,secretary4 7#d7 ,no change in production history for basic production margin protection ,once the basic production history of a participating dairy operation is determined under paragraph 7#b7 or 7#c71 the basic production history shall not be subsequently changed for purposes of determining the amount of any basic production margin protection payments for the participating dairy operation made under section #adad4 7b7 ,annual production history for supplemental production margin protection 7#a7 ,determination required ,for purposes of providing supplemental production margin protection for a participating dairy operation that purchases supplemental production margin protection for a year under section #adae1 the ,secretary shall determine the annual production history of the participating dairy operation under paragraph 7#b74 7#b7 ,calculation ,the annual production history of a participating dairy operation for a year is equal to the actual milk marketings of the participating dairy operation during the preceding calendar year4 7#c7 ,new dairy operations ,subsection 7a77#c7 shall apply with respect to determining the annual production history of a participating dairy operation that has been in operation for less than a year4 7c7 ,required information ,a participating dairy operation shall provide all information that the ,secretary may require in order to establish-- 7#a7 the basic production history of the participating dairy operation under subsection 7a72 and 7#b7 the production history of the participating dairy operation whenever the participating dairy operation purchases supplemental production margin protection under section #adae4 7d7 ,transfer of production histories 7#a7 ,transfer by sale or lease ,in promulgating the rules to initiate the production margin protection program1 the ,secretary shall specify the conditions under which and the manner by which the production history of a participating dairy operation may be transferred by sale or lease4 7#b7 ,coverage level 7,a7 ,basic production margin protection ,a purchaser or lessee to whom the ,secretary transfers a basic production history under this subsection shall not obtain a different level of basic production margin protection than the basic production margin protection coverage held by the seller or lessor from whom the transfer was obtained4 7,b7 ,supplemental production margin protection ,a purchaser or lessee to whom the ,secretary transfers an annual production history under this subsection shall not obtain a different level of supplemental production margin protection coverage than the supplemental production margin protection coverage in effect for the seller or lessor from whom the transfer was obtained for the calendar year in which the transfer was made4 7e7 ,movement and transfer of production history 7#a7 ,movement and transfer authorized ,subject to paragraph 7#b71 if a participating dairy operation moves from #a location to another location1 the participating dairy operation may transfer the basic production history and annual production history associated with the participating dairy operation4 7#b7 ,notification requirement ,a participating dairy operation shall notify the ,secretary of any move of a participating dairy operation under paragraph 7#a74 7#c7 ,subsequent occupation of vacated location ,a party subsequently occupying a participating dairy operation location vacated as described in paragraph 7#a7 shall have no interest in the basic production history or annual production history previously associated with the participating dairy operation at such location4 #adad4 ,basic production margin protection 7a7 ,payment threshold ,the ,secretary shall make a payment to participating dairy operations in accordance with subsection 7b7 whenever the average actual dairy production margin for a consecutive #b-month period is less than #d4jj per hundredweight of milk4 7b7 ,basic production margin protection payment ,the basic production margin protection payment for a participating dairy operation for a consecutive #b-month period shall be equal to the product obtained by multiplying-- 7#a7 the difference between the average actual dairy production margin for the consecutive #b-month period and #d4jj1 except that1 if the difference is more than #d4jj1 the ,secretary shall use #d4jj2 by 7#b7 the lesser of-- 7,a7 #hj percent of the production history of the participating dairy operation1 divided by #f2 or 7,b7 the actual quantity of milk marketed by the participating dairy operation during the consecutive #b-month period4 #adae4 ,supplemental production margin protection 7a7 ,election of supplemental production margin protection ,a participating dairy operation may annually purchase supplemental production margin protection to protect1 during the calendar year for which purchased1 a higher level of the income of a participating dairy operation than the income level guaranteed by basic production margin protection under section #adad4 7b7 ,selection of payment threshold ,a participating dairy operation purchasing supplemental production margin protection for a year shall elect a coverage level that is higher1 in any increment of #j4ej1 than the payment threshold for basic production margin protection specified in section #adad7;a71 but not to exceed #h4jj4 7c7 ,coverage percentage ,a participating dairy operation purchasing supplemental production margin protection for a year shall elect a percentage of coverage equal to not more than #ij percent1 nor less than #be percent1 of the annual production history of the participating dairy operation4 7d7 ,premiums for supplemental production margin protection 7#a7 ,premiums required ,a participating dairy operation that purchases supplemental production margin protection shall pay an annual premium equal to the product obtained by multiplying-- 7,a7 the coverage percentage elected by the participating dairy operation under subsection 7c72 7,b7 the annual production history of the participating dairy operation2 and 7,c7 the premium per hundredweight of milk1 as specified in the applicable table under paragraph 7#b7 or 7#c74 7#b7 ,premium per hundredweight for first #d million pounds of production ,for the first #d1jjj1jjj pounds of milk marketings included in the annual production history of a participating dairy operation1 the premium per hundredweight corresponding to each coverage level specified in the following table is as follows3 ,coverage ,level,premium per ,cwt4 #d4ejj4ja #e4jjj4jb #e4ejj4jce #f4jjj4jde #f4ejj4ji #g4jjj4dj #g4ejj4fj #h4jjj4ie4 7#c7 ,premium per hundredweight for production in excess of #d million pounds ,for milk marketings in excess of #d1jjj1jjj pounds included in the annual production history of a participating dairy operation1 the premium per hundredweight corresponding to each coverage level is as follows3 ,coverage ,level,premium per ,cwt4 #d4ejj4jb #e4jjj4jd #e4ejj4aj #f4jjj4ae #f4ejj4bi #g4jjj4fb #g4ejj4hc #h4jja4jf4 7#d7 ,time for payment ,in promulgating the rules to initiate the production margin protection program1 the ,secretary shall provide more than #a method by which a participating dairy operation that purchases supplemental production margin protection for a calendar year may pay the premium under this subsection for that year in any manner that maximizes participating dairy operation payment flexibility and program integrity4 7e7 ,premium obligations 7#a7 ,pro-ration of premium for new dairy operations ,a participating dairy operation described in section #adab7;c77#b7 that purchases supplemental production margin protection for a calendar year after the start of the calendar year shall pay a pro-rated premium for that calendar year based on the portion of the calendar year for which the participating dairy operation purchases the coverage4 7#b7 ,legal obligation ,a participating dairy operation that purchases supplemental production margin protection for a calendar year shall be legally obligated to pay the applicable premium for that calendar year1 except that the ,secretary may waive that obligation1 under terms and conditions determined by the ,secretary1 for #a or more producers in any participating dairy operation in the case of death1 retirement1 permanent dissolution of a participating dairy operation1 or other circumstances as the ,secretary considers appropriate to ensure the integrity of the program4 7f7 ,supplemental payment threshold ,a participating dairy operation with supplemental production margin protection shall receive a supplemental production margin protection payment whenever the average actual dairy production margin for a consecutive #b-month period is less than the coverage level threshold selected by the participating dairy operation under subsection 7b74 7g7 ,supplemental production margin protection payments 7#a7 ,in general ,the supplemental production margin protection payment for a participating dairy operation is in addition to the basic production margin protection payment4 7#b7 ,amount of payment ,the supplemental production margin protection payment for the participating dairy operation shall be determined as follows3 7,a7 ,the ,secretary shall calculate the difference between the coverage level threshold selected by the participating dairy operation under subsection 7b7 and the greater of-- 7i7 the average actual dairy production margin for the consecutive #b-month period2 or 7ii7 #d4jj4 7,b7 ,the amount determined under subparagraph 7,a7 shall be multiplied by the percentage selected by the participating dairy operation under subsection 7c7 and by the lesser of the following3 7i7 ,the annual production history of the participating dairy operation1 divided by #f4 7ii7 ,the actual amount of milk marketed by the participating dairy operation during the consecutive #b-month period4 #adaf4 ,effect of failure to pay administration fees or premiums 7a7 ,loss of benefits ,a participating dairy operation that fails to pay the required administration fee under section #adab or is in arrears on premium payments for supplemental production margin protection under section #adae-- 7#a7 remains legally obligated to pay the administration fee or premiums1 as the case may be2 and 7#b7 may not receive basic production margin protection payments or supplemental production margin protection payments until the fees or premiums are fully paid4 7b7 ,enforcement ,the ,secretary may take such action as necessary to collect administration fees and premium payments for supplemental production margin protection4 ,b ,dairy market stabilization program #adca4 ,establishment of dairy market stabilization program 7a7 ,program required2 purpose ,effective not later than #abj days after the effective date of this subtitle1 the ,secretary shall establish and administer a dairy market stabilization program applicable to participating dairy operations for the purpose of assisting in balancing the supply of milk with demand when participating dairy operations are experiencing low or negative operating margins4 7b7 ,election of stabilization program base calculation method 7#a7 ,election ,when a dairy operation signs up under section #adab to participate in the production margin protection program1 the dairy operation shall inform the ,secretary of the method by which the stabilization program base for the participating dairy operation will be calculated under paragraph 7#c74 7#b7 ,change in calculation method ,a participating dairy operation may change the stabilization program base calculation method to be used for a calendar year by notifying the ,secretary of the change not later than a date determined by the ,secretary4 7#c7 ,calculation methods ,a participating dairy operation may elect either of the following methods for calculation of the stabilization program base for the participating dairy operation3 7,a7 ,the volume of the average monthly milk marketings of the participating dairy operation for the #c months immediately preceding the announcement by the ,secretary that the stabilization program will become effective4 7,b7 ,the volume of the monthly milk marketings of the participating dairy operation for the same month in the preceding year as the month for which the ,secretary has announced the stabilization program will become effective4 #adcb4 ,threshold for implementation and reduction in dairy payments 7a7 ,when stabilization program required ,except as provided in subsection 7b71 the ,secretary shall announce that the stabilization program is in effect and order reduced payments by handlers to participating dairy operations that exceed the applicable percentage of the participating dairy operation's stabilization program base whenever-- 7#a7 the actual dairy production margin has been #f4jj or less per hundredweight of milk for each of the immediately preceding #b months2 or 7#b7 the actual dairy production margin has been #d4jj or less per hundredweight of milk for the immediately preceding month4 7b7 ,exception ,if any of the conditions described in section #adcf7;b7 have been met during the #b-month period immediately preceding the month in which the announcement under subsection 7a7 would otherwise be made by the ,secretary in the absence of this exception1 the ,secretary shall-- 7#a7 suspend the stabilization program2 7#b7 refrain from making the announcement under subsection 7a7 to implement order the stabilization payment2 or 7#c7 order reduced payments4 7c7 ,effective date for implementation of payment reductions ,reductions in dairy payments shall commence beginning on the first day of the month immediately following the date of the announcement by the ,secretary under subsection 7a74 #adcc4 ,milk marketings information 7a7 ,collection of milk marketing data ,the ,secretary shall establish1 by regulation1 a process to collect from participating dairy operations and handlers such information that the ,secretary considers necessary for each month during which the stabilization program is in effect4 7b7 ,reduce regulatory burden ,when implementing the process under subsection 7a71 the ,secretary shall minimize the regulatory burden on participating dairy operations and handlers4 #adcd4 ,calculation and collection of reduced dairy operation payments 7a7 ,reduced participating dairy operation payments required ,during any month in which payment reductions are in effect under the stabilization program1 each handler shall reduce payments to each participating dairy operation from whom the handler receives milk4 7b7 ,reductions based on actual dairy production margin 7#a7 ,reduction requirement #a ,if the ,secretary determines that the average actual dairy production margin has been less than #f4jj but greater than #e4jj per hundredweight of milk for #b consecutive months1 the handler shall make payments to a participating dairy operation for a month based on the greater of the following3 7,a7 #ih percent of the stabilization program base of the participating dairy operation4 7,b7 #id percent of the marketings of milk for the month by the participating dairy operation4 7#b7 ,reduction requirement #b ,if the ,secretary determines that the average actual dairy production margin has been less than #e4jj but greater than #d4jj for #b consecutive months1 the handler shall make payments to a participating dairy operation for a month based on the greater of the following3 7,a7 #ig percent of the stabilization program base of the participating dairy operation4 7,b7 #ic percent of the marketings of milk for the month by the participating dairy operation4 7#c7 ,reduction requirement #c ,if the ,secretary determines that the average actual dairy production margin has been #d4jj or less for any #a month1 the handler shall make payments to a participating dairy operation for a month based on the greater of the following3 7,a7 #if percent of the stabilization program base of the participating dairy operation4 7,b7 #ib percent of the marketings of milk for the month by the participating dairy operation4 7c7 ,continuation of reductions ,the largest level of payment reduction required under paragraph 7#a71 7#b71 or 7#c7 of subsection 7b7 shall be continued for each month until the ,secretary suspends the stabilization program and terminates payment reductions in accordance with section #adcf4 7d7 ,payment reduction exception ,notwithstanding any preceding subsection of this section1 a handler shall make no payment reductions for a participating dairy operation for a month if the participating dairy operation's milk marketings for the month are equal to or less than the percentage of the stabilization program base applicable to the participating dairy operation under paragraph 7#a71 7#b71 or 7#c7 of subsection 7b74 #adce4 ,remitting funds to the ,secretary and use of funds 7a7 ,remitting funds ,as soon as practicable after the end of each month during which payment reductions are in effect under the stabilization program1 each handler shall remit to the ,secretary an amount equal to the amount by which payments to participating dairy operations are reduced by the handler under section #adcd4 7b7 ,deposit of remitted funds ,all funds received under subsection 7a7 shall be available to the ,secretary1 without further appropriation and until expended1 for use or transfer as provided in subsection 7c74 7c7 ,use of funds 7#a7 ,availability for certain commodity donations ,not later than #ij days after the funds described in subsection 7a7 are due as determined by the ,secretary1 the ,secretary shall obligate the funds for the purpose of-- 7,a7 purchasing dairy products for donation to food banks and other programs that the ,secretary determines appropriate2 and 7,b7 expanding consumption and building demand for dairy products4 7#b7 ,no duplication of effort ,the ,secretary shall ensure that expenditures under paragraph 7#a7 are compatible with1 and do not duplicate1 programs supported by the dairy research and promotion activities conducted under the ,dairy ,production ,stabilization ,act of #aihc 7#g ,u4,s4,c4 #deja et seq474 7#c7 ,accounting ,the ,secretary shall keep an accurate account of all funds expended under paragraph 7#a74 7d7 ,annual ,report ,not later than ,december #ca of each year that the stabilization program is in effect1 the ,secretary shall submit to the ,committee on ,agriculture of the ,house of ,representatives and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate a report that provides an accurate accounting of-- 7#a7 the funds received by the ,secretary during the preceding fiscal year under subsection 7a72 7#b7 all expenditures made by the ,secretary under subsection 7b7 during the preceding fiscal year2 and 7#c7 the impact of the stabilization program on dairy markets4 7e7 ,enforcement ,if a participating dairy operation or handler fails to remit or collect the amounts by which payments to participating dairy operations are reduced under section #adcd1 the participating dairy operation or handler responsible for the failure shall be liable to the ,secretary for the amount that should have been remitted or collected1 plus interest4 ,in addition to the enforcement authorities available under section #adcg1 the ,secretary may enforce this subsection in the courts of the ,united ,states4 #adcf4 ,suspension of reduced payment requirement 7a7 ,determination of prices ,for purposes of this section3 7#a7 ,the price in the ,united ,states for cheddar cheese and nonfat dry milk shall be determined by the ,secretary4 7#b7 ,the world price of cheddar cheese and skim milk powder shall be determined by the ,secretary4 7b7 ,suspension thresholds ,the stabilization program shall be suspended or the ,secretary shall refrain from making the announcement under section #adcb7;a7 if the ,secretary determines that-- 7#a7 the actual dairy production margin is greater than #f4jj per hundredweight of milk for #b consecutive months2 7#b7 the actual dairy production margin is equal to or less than #f4jj 7but greater than #e4jj7 for #b consecutive months1 and during the same #b consecutive months-- 7,a7 the price in the ,united ,states for cheddar cheese is equal to or greater than the world price of cheddar cheese2 or 7,b7 the price in the ,united ,states for nonfat dry milk is equal to or greater than the world price of skim milk powder2 7#c7 the actual dairy production margin is equal to or less than #e4jj 7but greater than #d4jj7 for #b consecutive months1 and during the same #b consecutive months-- 7,a7 the price in the ,united ,states for cheddar cheese is more than #e percent above the world price of cheddar cheese2 or 7,b7 the price in the ,united ,states for nonfat dry milk is more than #e percent above the world price of skim milk powder2 or 7#d7 the actual dairy production margin is equal to or less than #d4jj for #b consecutive months1 and during the same #b consecutive months-- 7,a7 the price in the ,united ,states for cheddar cheese is more than #g percent above the world price of cheddar cheese2 or 7,b7 the price in the ,united ,states for nonfat dry milk is more than #g percent above the world price of skim milk powder4 7c7 ,implementation by handlers ,effective on the day after the date of the announcement by the ,secretary under subsection 7b7 of the suspension of the stabilization program1 the handler shall cease reducing payments to participating dairy operations under the stabilization program4 7d7 ,condition on resumption of stabilization program ,upon the announcement by the ,secretary under subsection 7b7 that the stabilization program has been suspended1 the stabilization program may not be implemented again until1 at the earliest-- 7#a7 #b months have passed1 beginning on the first day of the month immediately following the announcement by the ,secretary2 and 7#b7 the conditions of section #adcb7;a7 are again met4 #adcg4 ,enforcement 7a7 ,unlawful act ,it shall be unlawful and a violation of the this subpart for any person subject to the stabilization program to willfully fail or refuse to provide1 or delay the timely reporting of1 accurate information and remittance of funds to the ,secretary in accordance with this subpart4 7b7 ,order ,after providing notice and opportunity for a hearing to an affected person1 the ,secretary may issue an order against any person to cease and desist from continuing any violation of this subpart4 7c7 ,appeal ,an order of the ,secretary under subsection 7b7 shall be final and conclusive unless an affected person files an appeal of the order of the ,secretary in ,united ,states district court not later than #cj days after the date of the issuance of the order4 ,a finding of the ,secretary in the order shall be set aside only if the finding is not supported by substantial evidence4 7d7 ,noncompliance with order ,if a person subject to this subpart fails to obey an order issued under subsection 7b7 after the order has become final and unappealable1 or after the appropriate ,united ,states district court has entered a final judgment in favor of the ,secretary1 the ,united ,states may apply to the appropriate ,united ,states district court for enforcement of the order4 ,if the court determines that the order was lawfully made and duly served and that the person violated the order1 the court shall enforce the order4 #adch4 ,audit requirements 7a7 ,audits of dairy operation and handler compliance 7#a7 ,audits authorized ,if determined by the ,secretary to be necessary to ensure compliance by participating dairy operations and handlers with the stabilization program1 the ,secretary may conduct periodic audits of participating dairy operations and handlers4 7#b7 ,sample of dairy operations ,any audit conducted under this subsection shall include1 at a minimum1 investigation of a statistically valid and random sample of participating dairy operations4 7b7 ,submission of results ,the ,secretary shall submit the results of any audit conducted under subsection 7a7 to the ,committee on ,agriculture of the ,house of ,representatives and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate and include such recommendations as the ,secretary considers appropriate regarding the stabilization program4 #adci4 ,study2 report 7a7 ,in general ,the ,secretary shall direct the ,office of the ,chief ,economist to conduct a study of the impacts of the program established under section #adca7;a74 7b7 ,considerations ,the study conducted under subsection 7a7 shall consider-- 7#a7 the economic impact of the program throughout the dairy product value chain1 including the impact on producers1 processors1 domestic customers1 export customers1 actual market growth and potential market growth1 farms of different sizes1 and different regions and ,states2 and 7#b7 the impact of the program on the competitiveness of the ,united ,states dairy industry in international markets4 7c7 ,report ,not later than ,december #a1 #bjag1 the ,office of the ,chief ,economist shall submit to the ,committee on ,agriculture of the ,house of ,representatives and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate a report that describes the results of the study conducted under subsection 7a74 ,c ,administration #adea4 ,duration ,the production margin protection program and the stabilization program shall end on ,december #ca1 #bjah4 #adeb4 ,administration and enforcement 7a7 ,in general ,the ,secretary shall promulgate regulations to address administrative and enforcement issues involved in carrying out the production margin protection1 supplemental production margin protection1 and market stabilization programs4 7b7 ,reconstitution and eligibility issues 7#a7 ,reconstitution ,using authorities under section #ajja7;f7 and #ajja;,b of the ,food ,security ,act of #aihe 7#g ,u4,s4,c4 #acjh7;f71 #acjh-b71 the ,secretary shall promulgate regulations to prohibit a dairy producer from reconstituting a dairy operation for the sole purpose of the dairy producer-- 7,a7 receiving basic margin protection2 7,b7 purchasing supplemental margin protection2 or 7,c7 avoiding participation in the market stabilization program4 7#b7 ,eligibility issues ,using authorities under section #ajja7;f7 and #ajja;,b of the ,food ,security ,act of #aihe 7#g ,u4,s4,c4 #acjh7;f71 #acjh-b71 the ,secretary shall promulgate regulations-- 7,a7 to prohibit a scheme or device2 7,b7 to provide for equitable relief2 and 7,c7 to provide for other issues affecting eligibility and liability issues4 7#c7 ,administrative appeals ,using authorities under section #ajja7;h7 of the ,food ,security ,act of #aihe 7#g ,u4,s4,c4 #acjh7;h77 and subtitle ,h of the ,department of ,agriculture ,reorganization ,act 7#g ,u4,s4,c4 #fiia et seq471 the ,secretary shall promulgate regulations to provide for administrative appeals of decisions of the ,secretary that are adverse to participants of the programs described in subsection 7a74 ,,ii ,dairy market transparency #adfa4 ,dairy product mandatory reporting 7a7 ,definitions ,section #bgb7a77;,a7 of the ,agricultural ,marketing ,act of #aidf 7#g ,u4,s4,c4 #afcg;a7#a77;,a77 is amended by inserting 1 or any other products that may significantly aid price discovery in the dairy markets1 as determined by the ,secretary after of #aicg4 7b7 ,mandatory reporting for dairy products ,section #bgc7;b7 of the ,agricultural ,marketing ,act of #aidf 7#g ,u4,s4,c4 #afcg;b7b77 is amended-- 7#a7 by striking paragraph 7#a7 and inserting the following new paragraph3 7#a7 ,in general ,in establishing the program1 the ,secretary shall only-- 7,a7 7i7 subject to the conditions described in paragraph 7#b71 require each manufacturer to report to the ,secretary1 more frequently than once per month1 information concerning the price1 quantity1 and moisture content of dairy products sold by the manufacturer and any other product characteristics that may significantly aid price discovery in the dairy markets1 as determined by the ,secretary2 and 7ii7 modify the format used to provide the information on the day before the date of enactment of this subtitle to ensure that the information can be readily understood by market participants2 and 7,b7 require each manufacturer and other person storing dairy products 7including dairy products in cold storage7 to report to the ,secretary1 more frequently than once per month1 information on the quantity of dairy products stored4 2 and 7#b7 in paragraph 7#b71 by inserting or those that may significantly aid price discovery in the dairy markets after ,federal milk marketing order each place it appears in subparagraphs 7,a71 7,b71 and 7,c74 #adfb4 ,federal milk marketing order information 7a7 ,information clearinghouse 7#a7 ,in general ,the ,secretary shall1 on behalf of each milk marketing order issued under the ,agricultural ,adjustment ,act 7#g ,u4,s4,c4 #fja et seq471 reenacted with amendments by the ,agricultural ,marketing ,agreement ,act of #aicg1 establish an information clearinghouse for the purposes of educating the public about the ,federal milk marketing order system and any marketing order referenda1 including proposal information and timelines that shall be kept current and updated as information becomes available4 7#b7 ,requirements ,information under paragraph 7#a7 shall include-- 7,a7 information on procedures by which cooperatives vote2 7,b7 if applicable1 information on the manner by which producers may cast an individual ballot2 7,c7 in applicable1 instructions on the manner in which to vote online2 7,d7 due dates for each specific referendum2 7,e7 the text of each referendum question under consideration2 7,f7 a description in plain language of the question2 7,g7 any relevant background information to the question2 and 7,h7 any other information that increases ,federal milk marketing order transparency4 7b7 ,notification list for upcoming referendum ,each ,federal milk marketing order shall-- 7#a7 make available the information described in subsection 7b7 through an ,internet site2 and 7#b7 publicize the information in major agriculture and dairy-specific publications on upcoming referenda4 7c7 ,study 7#a7 ,in general ,the ,secretary shall conduct a study of the feasibility of establishing #b classes of milk1 a fluid class and a manufacturing class1 to replace the #d-;class system in effect on the date of enactment of this ,act in administering ,federal milk marketing orders4 7#b7 ,federal ,milk ,market ,order ,review ,commission ,the ,secretary may elect to use the ,federal ,milk ,market ,order ,review ,commission established under section #aeji7;a7 of the ,food1 ,conservation1 and ,energy ,act of #bjjh 7,public ,law #aaj-bdf2 #abb ,stat4 #agbf71 or documents of the ,commission1 to conduct all or part of the study4 7#c7 ,report ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,agriculture of the ,house of ,representatives and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate a report that describes the results of the study required under this subsection1 including any recommendations4 ,,iii ,repeal or reauthorization of other dairy-,related provisions #adga4 ,repeal of dairy product price support and milk income loss contract programs 7a7 ,repeal of dairy product price support program ,section #aeja of the ,food1 ,conservation1 and ,energy ,act of #bjjh 7#g ,u4,s4,c4 #hgga7 is repealed4 7b7 ,repeal of milk income loss contract program 7#a7 ,payments under milk income loss contract program ,section #aejf7;c77#c7 of the ,food1 ,conservation1 and ,energy ,act of #bjjh 7#g ,u4,s4,c4 #hggc7;c77#c77 is amended-- 7,a7 in subparagraph 7,a71 by inserting and after the semicolon2 7,b7 in subparagraph 7,b71 by striking ,august #ca1 #bjac1 #de percent2 and and inserting ,june #cj1 #bjad1 #de percent42 and 7,c7 by striking subparagraph 7,c74 7#b7 ,extension ,section #aejf7;h77#a7 of the ,food1 ,conservation1 and ,energy ,act of #bjjh 7#g ,u4,s4,c4 #hggc7;h77#a77 is amended by striking ,september #cj1 #bjac and inserting ,june #cj1 #bjad4 7#c7 ,repeal ,effective ,july #a1 #bjad1 section #aejf of the ,food1 ,conservation1 and ,energy ,act of #bjjh 7#g ,u4,s4,c4 #hggc7 is repealed4 #adgb4 ,repeal of dairy export incentive program 7a7 ,repeal ,section #aec of the ,food ,security ,act of #aihe 7#ae ,u4,s4,c4 #gac;a-#ad7 is repealed4 7b7 ,conforming amendments ,section #ijb7b7 of the ,trade ,sanctions ,reform and ,export ,enhancement ,act of #bjjj 7#bb ,u4,s4,c4 #gbja7b77 is amended-- 7#a7 by striking subparagraph 7,d72 and 7#b7 by redesignating subparagraphs 7,e7 and 7,f7 as subparagraphs 7,d7 and 7,e71 respectively4 #adgc4 ,extension of dairy forward pricing program ,section #aejb7;e7 of the ,food1 ,conservation1 and ,energy ,act of #bjjh 7#g ,u4,s4,c4 #hggb7;e77 is amended-- 7#a7 in paragraph 7#a71 by striking #bjab and inserting #bjah2 and 7#b7 in paragraph 7#b71 by striking #bjae and inserting #bjba4 #adgd4 ,extension of dairy indemnity program ,section #c of ,public ,law #ij-dhd 7#g ,u4,s4,c4 #dejl7 is amended by striking #bjab and inserting #bjah4 #adge4 ,extension of dairy promotion and research program ,section #aac7;e77#b7 of the ,dairy ,production ,stabilization ,act of #aihc 7#g ,u4,s4,c4 #dejd7;e77#b77 is amended by striking #bjab and inserting #bjah4 #adgf4 ,extension of ,federal ,milk ,marketing ,order ,review ,commission ,section #aeji7;a7 of the ,food1 ,conservation1 and ,energy ,act of #bjjh 7,public ,law #aaj-bdf2 #abb ,stat4 #agbf7 is amended by inserting or other funds after ,subject to the availability of appropriations4 ,,iv ,federal milk marketing order reform #adha4 ,federal milk marketing orders 7a7 ,amendments ,the ,secretary shall provide an analysis on the effects of amending each ,federal milk marketing order issued under section #h;c of the ,agricultural ,adjustment ,act 7#g ,u4,s4,c4 #fjh;c71 reenacted with amendments by the ,agricultural ,marketing ,agreement ,act of #aicg 7in this part referred to as a milk marketing order71 as required by this section4 7b7 ,use of end-,product price formulas ,in carrying out subsection 7a71 the ,secretary shall-- 7#a7 consider replacing the use of end-product price formulas with other pricing alternatives2 and 7#b7 submit to the ,committee on ,agriculture of the ,house of ,representatives and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate a report describing the findings of the ,secretary on the impact of the action considered under paragraph 7#a74 ,v ,effective date #adia4 ,effective date ,except as otherwise provided in this subtitle1 this subtitle and the amendments made by this subtitle take effect on ,october #a1 #bjac4 ,e ,supplemental agricultural disaster assistance programs #aeja4 ,supplemental agricultural disaster assistance programs 7a7 ,definitions ,in this section3 7#a7 ,eligible producer on a farm 7,a7 ,in general ,the term eligible producer on a farm means an individual or entity described in subparagraph 7,b7 that1 as determined by the ,secretary1 assumes the production and market risks associated with the agricultural production of crops or livestock4 7,b7 ,description ,an individual or entity referred to in subparagraph 7,a7 is-- 7i7 a citizen of the ,united ,states2 7ii7 a resident alien2 7iii7 a partnership of citizens of the ,united ,states2 or 7iv7 a corporation1 limited liability corporation1 or other farm organizational structure organized under ,state law4 7#b7 ,farm 7,a7 ,in general ,the term farm means1 in relation to an eligible producer on a farm1 the total of all crop acreage in all counties that is planted or intended to be planted for harvest1 for sale1 or on-farm livestock feeding 7including native grassland intended for haying7 by the eligible producer4 7,b7 ,aquaculture ,in the case of aquaculture1 the term farm means1 in relation to an eligible producer on a farm1 all fish being produced in all counties that are intended to be harvested for sale by the eligible producer4 7,c7 ,honey ,in the case of honey1 the term farm means1 in relation to an eligible producer on a farm1 all bees and beehives in all counties that are intended to be harvested for a honey crop for sale by the eligible producer4 7#c7 ,farm-raised fish ,the term farm-raised fish means any aquatic species that is propagated and reared in a controlled environment4 7#d7 ,livestock ,the term livestock includes-- 7,a7 cattle 7including dairy cattle72 7,b7 bison2 7,c7 poultry2 7,d7 sheep2 7,e7 swine2 7,f7 horses2 and 7,g7 other livestock1 as determined by the ,secretary4 7b7 ,livestock indemnity payments 7#a7 ,payments ,for each of fiscal years #bjab through #bjah1 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 mortality1 as determined by the ,secretary1 due to-- 7,a7 attacks by animals reintroduced into the wild by the ,federal ,government or protected by ,federal law1 including wolves2 or 7,b7 adverse weather1 as determined by the ,secretary1 during the calendar year1 including losses due to hurricanes1 floods1 blizzards1 disease1 wildfires1 extreme heat1 and extreme cold4 7#b7 ,payment rates ,indemnity payments to an eligible producer on a farm under paragraph 7#a7 shall be made at a rate of #fe percent of the market value of the applicable livestock on the day before the date of death of the livestock1 as determined by the ,secretary4 7#c7 ,special rule for payments made due to disease ,the ,secretary shall ensure that payments made to an eligible producer under paragraph 7#a7 are not made for the same livestock losses for which compensation is provided pursuant to section #ajdjg7;d7 of the ,animal ,health ,protection ,act 7#g ,u4,s4,c4 #hcjf7;d774 7c7 ,livestock forage disaster program 7#a7 ,establishment ,there is established a livestock forage disaster program to provide #a source for livestock forage disaster assistance for weather-related forage losses1 as determined by the ,secretary1 by combining-- 7,a7 the livestock forage assistance functions of-- 7i7 the noninsured crop disaster assistance program established by section #aif of the ,federal ,agriculture ,improvement and ,reform ,act of #aiif 7#g ,u4,s4,c4 #gccc72 and 7ii7 the emergency assistance for livestock1 honey bees1 and farm-raised fish program under section #eca7;e7 of the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aeca7;e77 7as in existence on the day before the date of enactment of this ,act72 and 7,b7 the livestock forage disaster program under section #eca7;d7 of the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aeca7;d77 7as in existence on the day before the date of enactment of this ,act74 7#b7 ,definitions ,in this subsection3 7,a7 ,covered livestock 7i7 ,in general ,except as provided in clause 7ii71 the term covered livestock means livestock of an eligible livestock producer that1 during the #fj days prior to the beginning date of an eligible forage loss1 as determined by the ,secretary1 the eligible livestock producer-- 7,i7 owned2 7,,ii7 leased2 7,,iii7 purchased2 7,,iv7 entered into a contract to purchase2 7,v7 was a contract grower2 or 7,,vi7 sold or otherwise disposed of due to an eligible forage loss during-- 7aa7 the current production year2 or 7bb7 subject to paragraph 7#d77;,b77ii71 #a or both of the #b production years immediately preceding the current production year4 7ii7 ,exclusion ,the term covered livestock does not include livestock that were or would have been in a feedlot1 on the beginning date of the eligible forage loss1 as a part of the normal business operation of the eligible livestock producer1 as determined by the ,secretary4 7,b7 ,drought monitor ,the term drought monitor means a system for classifying drought severity according to a range of abnormally dry to exceptional drought1 as defined by the ,secretary4 7,c7 ,eligible forage loss ,the term eligible forage loss means #a or more forage losses that occur due to weather-related conditions1 including drought1 flood1 blizzard1 hail1 excessive moisture1 hurricane1 and fire1 occurring during the normal grazing period1 as determined by the ,secretary1 if the forage-- 7i7 is grown on land that is native or improved pastureland with permanent vegetative cover2 or 7ii7 is a crop planted specifically for the purpose of providing grazing for covered livestock of an eligible livestock producer4 7,d7 ,eligible livestock producer 7i7 ,in general ,the term eligible livestock producer means an eligible producer on a farm that-- 7,i7 is an owner1 cash or share lessee1 or contract grower of covered livestock that provides the pastureland or grazing land1 including cash-leased pastureland or grazing land1 for the covered livestock2 7,,ii7 provides the pastureland or grazing land for covered livestock1 including cash-leased pastureland or grazing land that is physically located in a county affected by an eligible forage loss2 7,,iii7 certifies the eligible forage loss2 and 7,,iv7 meets all other eligibility requirements established under this subsection4 7ii7 ,exclusion ,the term eligible livestock producer does not include an owner1 cash or share lessee1 or contract grower of livestock that rents or leases pastureland or grazing land owned by another person on a rate-of-gain basis4 7,e7 ,normal carrying capacity ,the term normal carrying capacity1 with respect to each type of grazing land or pastureland in a county1 means the normal carrying capacity1 as determined under paragraph 7#d77;,d77i71 that would be expected from the grazing land or pastureland for livestock during the normal grazing period1 in the absence of an eligible forage loss that diminishes the production of the grazing land or pastureland4 7,f7 ,normal grazing period ,the term normal grazing period1 with respect to a county1 means the normal grazing period during the calendar year for the county1 as determined under paragraph 7#d77;,d77i74 7#c7 ,program ,for each of fiscal years #bjab through #bjah1 the ,secretary shall use such sums as are necessary of the funds of the ,commodity ,credit ,corporation to provide compensation under paragraphs 7#d7 through 7#f71 as determined by the ,secretary for eligible forage losses affecting covered livestock of eligible livestock producers4 7#d7 ,assistance for eligible forage losses due to drought conditions 7,a7 ,eligible forage losses 7i7 ,in general ,an eligible livestock producer of covered livestock may receive assistance under this paragraph for eligible forage losses that occur due to drought on land that-- 7,i7 is native or improved pastureland with permanent vegetative cover2 or 7,,ii7 is planted to a crop planted specifically for the purpose of providing grazing for covered livestock4 7ii7 ,exclusions ,an eligible livestock producer may not receive assistance under this paragraph for eligible forage losses that occur on land used for haying or grazing under the conservation reserve program established under subchapter ,b of chapter #a of subtitle ,d of title ,,xii of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chca et seq471 unless the land is grassland eligible for the conservation reserve program under section #abca7;d77#b7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chca7;d77#b77 7as amended by section #bjja74 7,b7 ,monthly payment rate 7i7 ,in general ,except as provided in clause 7ii71 the payment rate for assistance for #a month under this paragraph shall1 in the case of drought1 be equal to #fj percent of the lesser of-- 7,i7 the monthly feed cost for all covered livestock owned or leased by the eligible livestock producer1 as determined under subparagraph 7,c72 or 7,,ii7 the monthly feed cost calculated by using the normal carrying capacity of the eligible grazing land of the eligible livestock producer4 7ii7 ,partial compensation ,in the case of an eligible livestock producer that sold or otherwise disposed of covered livestock due to drought conditions in #a or both of the #b production years immediately preceding the current production year1 as determined by the ,secretary1 the payment rate shall be #hj percent of the payment rate otherwise calculated in accordance with clause 7i74 7,c7 ,monthly feed cost 7i7 ,in general ,the monthly feed cost shall equal the product obtained by multiplying-- 7,i7 #cj days2 7,,ii7 a payment quantity that is equal to the feed grain equivalent1 as determined under clause 7ii72 and 7,,iii7 a payment rate that is equal to the corn price per pound1 as determined under clause 7iii74 7ii7 ,feed grain equivalent ,for purposes of clause 7i77,,ii71 the feed grain equivalent shall equal-- 7,i7 in the case of an adult beef cow1 #ae4g pounds of corn per day2 or 7,,ii7 in the case of any other type of weight of livestock1 an amount determined by the ,secretary that represents the average number of pounds of corn per day necessary to feed the livestock4 7iii7 ,corn price per pound ,for purposes of clause 7i77,,iii71 the corn price per pound shall equal the quotient obtained by dividing-- 7,i7 the higher of-- 7aa7 the national average corn price per bushel for the #ab-month period immediately preceding ,march #a of the year for which the disaster assistance is calculated2 or 7bb7 the national average corn price per bushel for the #bd-month period immediately preceding that ,march #a2 by 7,,ii7 #ef4 7,d7 ,normal grazing period and drought monitor intensity 7i7 ,,fsa county committee determinations 7,i7 ,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 ,farm ,service ,agency committee4 7,,ii7 ,changes ,no change to the normal carrying capacity or normal grazing period established for a county under subclause 7,i7 shall be made unless the change is requested by the appropriate ,state and county ,farm ,service ,agency committees4 7ii7 ,drought intensity 7,i7 ,d#b ,an eligible livestock producer that owns or leases grazing land or pastureland that is physically located in a county that is rated by the ,u4,s4 ,drought ,monitor as having a ,d#b 7severe drought7 intensity in any area of the county for at least #h consecutive weeks during the normal grazing period for the county1 as determined by the ,secretary1 shall be eligible to receive assistance under this paragraph in an amount equal to #a monthly payment using the monthly payment rate determined under subparagraph 7,b74 7,,ii7 ,d#c ,an eligible livestock producer that owns or leases grazing land or pastureland that is physically located in a county that is rated by the ,u4,s4 ,drought ,monitor as having at least a ,d#c 7extreme drought7 intensity in any area of the county at any time during the normal grazing period for the county1 as determined by the ,secretary1 shall be eligible to receive assistance under this paragraph-- 7aa7 in an amount equal to #c monthly payments using the monthly payment rate determined under subparagraph 7,b72 7bb7 if the county is rated as having a ,d#c 7extreme drought7 intensity in any area of the county for at least #d weeks during the normal grazing period for the county1 or is rated as having a ,d#d 7exceptional drought7 intensity in any area of the county at any time during the normal grazing period1 in an amount equal to #d monthly payments using the monthly payment rate determined under subparagraph 7,b72 or 7cc7 if the county is rated as having a ,d#d 7exceptional drought7 intensity in any area of the county for at least #d weeks during the normal grazing period1 in an amount equal to #e monthly payments using the monthly rate determined under subparagraph 7,b74 7iii7 ,annual payment based on drought conditions determined by means other than the ,u4,s4 ,drought ,monitor 7,i7 ,in general ,an eligible livestock producer that owns grazing land or pastureland that is physically located in a county that has experienced on average1 over the preceding calendar year1 precipitation levels that are #ej percent or more below normal levels1 according to sufficient documentation as determined by the ,secretary1 may be eligible1 subject to a determination by the ,secretary1 to receive assistance under this paragraph in an amount equal to not more than #a monthly payment using the monthly payment rate under subparagraph 7,b74 7,,ii7 ,no duplicate payment ,a producer may not receive a payment under both clause 7ii7 and this clause4 7#e7 ,assistance for losses due to fire on public managed land 7,a7 ,in general ,an eligible livestock producer may receive assistance under this paragraph only if-- 7i7 the eligible forage losses occur on rangeland that is managed by a ,federal agency2 and 7ii7 the eligible livestock producer is prohibited by the ,federal agency from grazing the normal permitted livestock on the managed rangeland due to a fire4 7,b7 ,payment rate ,the payment rate for assistance under this paragraph shall be equal to #ej percent of the monthly feed cost for the total number of livestock covered by the ,federal lease of the eligible livestock producer1 as determined under paragraph 7#d77;,c74 7,c7 ,payment duration 7i7 ,in general ,subject to clause 7ii71 an eligible livestock producer shall be eligible to receive assistance under this paragraph for the period-- 7,i7 beginning on the date on which the ,federal agency excludes the eligible livestock producer from using the managed rangeland for grazing2 and 7,,ii7 ending on the last day of the ,federal lease of the eligible livestock producer4 7ii7 ,limitation ,an eligible livestock producer may only receive assistance under this paragraph for losses that occur on not more than #ahj days per year4 7#f7 ,assistance for eligible forage losses due to other than drought or fire 7,a7 ,eligible forage losses 7i7 ,in general ,subject to subparagraph 7,b71 an eligible livestock producer of covered livestock may receive assistance under this paragraph for eligible forage losses that occur due to weather-related conditions other than drought or fire on land that-- 7,i7 is native or improved pastureland with permanent vegetative cover2 or 7,,ii7 is planted to a crop planted specifically for the purpose of providing grazing for covered livestock4 7ii7 ,exclusions ,an eligible livestock producer may not receive assistance under this paragraph for eligible forage losses that occur on land used for haying or grazing under the conservation reserve program established under subchapter ,b of chapter #a of subtitle ,d of title ,,xii of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chca et seq471 unless the land is grassland eligible for the conservation reserve program under section #abca7;d77#b7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chca7;d77#b77 7as amended by section #bjja74 7,b7 ,payments for eligible forage losses 7i7 ,in general ,the ,secretary shall provide assistance under this paragraph to an eligible livestock producer for eligible forage losses that occur due to weather-related conditions other than-- 7,i7 drought under paragraph 7#d72 and 7,,ii7 fire on public managed land under paragraph 7#e74 7ii7 ,terms and conditions ,the ,secretary shall establish terms and conditions for assistance under this paragraph that are consistent with the terms and conditions for assistance under this subsection4 7#g7 ,no duplicative payments ,an eligible livestock producer may elect to receive assistance for eligible forage losses under either paragraph 7#d71 7#e71 or 7#f71 if applicable1 but may not receive assistance under more than #a of those paragraphs for the same loss1 as determined by the ,secretary4 7#h7 ,determinations by ,secretary ,a determination made by the ,secretary under this subsection shall be final and conclusive4 7d7 ,emergency assistance for livestock1 honey bees1 and farm-,raised fish 7#a7 ,in general ,for each of fiscal years #bjab through #bjah1 the ,secretary shall use not more than #e1jjj1jjj of the funds of the ,commodity ,credit ,corporation to provide emergency relief to eligible producers of livestock1 honey bees1 and farm-raised fish to aid in the reduction of losses due to disease1 adverse weather1 or other conditions1 such as blizzards and wildfires1 as determined by the ,secretary1 that are not covered under subsection 7b7 or 7c74 7#b7 ,use of funds ,funds made available under this subsection shall be used to reduce losses caused by feed or water shortages1 disease1 or other factors as determined by the ,secretary4 7#c7 ,availability of funds ,any funds made available under this subsection shall remain available until expended4 7e7 ,tree assistance program 7#a7 ,definitions ,in this subsection3 7,a7 ,eligible orchardist ,the term eligible orchardist means a person that produces annual crops from trees for commercial purposes4 7,b7 ,natural disaster ,the term natural disaster means plant disease1 insect infestation1 drought1 fire1 freeze1 flood1 earthquake1 lightning1 or other occurrence1 as determined by the ,secretary4 7,c7 ,nursery tree grower ,the term nursery tree grower means a person who produces nursery1 ornamental1 fruit1 nut1 or ,christmas trees for commercial sale1 as determined by the ,secretary4 7,d7 ,tree ,the term tree includes a tree1 bush1 and vine4 7#b7 ,eligibility 7,a7 ,loss ,subject to subparagraph 7,b71 for each of fiscal years #bjab through #bjah1 the ,secretary shall use such sums as are necessary of the funds of the ,commodity ,credit ,corporation to provide assistance-- 7i7 under paragraph 7#c7 to eligible orchardists and nursery tree growers that planted trees for commercial purposes but lost the trees as a result of a natural disaster1 as determined by the ,secretary2 and 7ii7 under paragraph 7#c77;,b7 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 disaster1 as determined by the ,secretary4 7,b7 ,limitation ,an eligible orchardist or nursery tree grower shall qualify for assistance under subparagraph 7,a7 only if the tree mortality of the eligible orchardist or nursery tree grower1 as a result of damaging weather or related condition1 exceeds #ae percent 7adjusted for normal mortality74 7#c7 ,assistance ,subject to paragraph 7#d71 the assistance provided by the ,secretary to eligible orchardists and nursery tree growers for losses described in paragraph 7#b7 shall consist of-- 7,a7 7i7 reimbursement of #fe percent of the cost of replanting trees lost due to a natural disaster1 as determined by the ,secretary1 in excess of #ae percent mortality 7adjusted for normal mortality72 or 7ii7 at the option of the ,secretary1 sufficient seedlings to reestablish a stand2 and 7,b7 reimbursement of #ej percent of the cost of pruning1 removal1 and other costs incurred by an eligible orchardist or nursery tree grower to salvage existing trees or1 in the case of tree mortality1 to prepare the land to replant trees as a result of damage or tree mortality due to a natural disaster1 as determined by the ,secretary1 in excess of #ae percent damage or mortality 7adjusted for normal tree damage and mortality74 7#d7 ,limitations on assistance 7,a7 ,definitions of legal entity and person ,in this paragraph1 the terms legal entity and person have the meaning given those terms in section #ajja7;a7 of the ,food ,security ,act of #aihe 7#g ,u4,s4,c4 #acjh7;a774 7,b7 ,amount ,the total amount of payments received1 directly or indirectly1 by a person or legal entity 7excluding a joint venture or general partnership7 under this subsection may not exceed #ajj1jjj for any crop year1 or an equivalent value in tree seedlings4 7,c7 ,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 #ejj acres4 7f7 ,payments 7#a7 ,payment limitations 7,a7 ,definitions of legal entity and person ,in this subsection1 the terms legal entity and person have the meanings given those terms in section #ajja7;a7 of the ,food ,security ,act of #aihe 7#g ,u4,s4,c4 #acjh7;a774 7,b7 ,amount ,the total amount of disaster assistance payments received1 directly or indirectly1 by a person or legal entity 7excluding a joint venture or general partnership7 under this section 7excluding payments received under subsection 7e77 may not exceed #ajj1jjj for any crop year4 7,c7 ,direct attribution ,subsections 7d7 and 7e7 of section #ajja of the ,food ,security ,act of #aihe 7#g ,u4,s4,c4 #acjh7 or any successor provisions relating to direct attribution shall apply with respect to assistance provided under this section4 7#b7 ,payment delivery ,the ,secretary shall make payments under this section after ,october #a1 #bjac1 for losses incurred in the #bjab and #bjac fiscal years1 and as soon as practicable for losses incurred in any year thereafter4 ,f ,administration #afja4 ,administration generally 7a7 ,use of ,commodity ,credit ,corporation ,the ,secretary shall use the funds1 facilities1 and authorities of the ,commodity ,credit ,corporation to carry out this title4 7b7 ,determinations by ,secretary ,a determination made by the ,secretary under this title shall be final and conclusive4 7c7 ,regulations 7#a7 ,in general ,except as otherwise provided in this subsection1 not later than #ij days after the date of enactment of this ,act1 the ,secretary and the ,commodity ,credit ,corporation1 as appropriate1 shall promulgate such regulations as are necessary to implement this title and the amendments made by this title4 7#b7 ,procedure ,the promulgation of the regulations and administration of this title and the amendments made by this title and sections #aajja and #aajaa shall be made without regard to-- 7,a7 the notice and comment provisions of section #eec of title #e1 ,united ,states ,code2 7,b7 chapter #ce of title #dd1 ,united ,states ,code 7commonly known as the ,paperwork ,reduction ,act72 and 7,c7 the ,statement of ,policy of the ,secretary of ,agriculture effective ,july #bd1 #aiga 7#cf ,fed4 ,reg4 #achjd71 relating to notices of proposed rulemaking and public participation in rulemaking4 7#c7 ,congressional review of agency rulemaking ,in carrying out this subsection1 the ,secretary shall use the authority provided under section #hjh of title #e1 ,united ,states ,code4 7d7 ,adjustment ,authority ,related to ,trade ,agreements ,compliance 7#a7 ,required determination2 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 7as defined in section #b of the ,uruguay ,round ,agreements ,act 7#ai ,u4,s4,c4 #ceja77 will exceed the allowable levels for any applicable reporting period1 the ,secretary shall1 to the maximum extent practicable1 make adjustments in the amount of the expenditures during that period to ensure that the expenditures do not exceed the allowable levels4 7#b7 ,congressional notification ,before making any adjustment under paragraph 7#a71 the ,secretary shall submit to the ,committee on ,agriculture of the ,house of ,representatives and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate a report describing the determination made under that paragraph and the extent of the adjustment to be made4 #afjb4 ,suspension of permanent price support authority 7a7 ,agricultural ,adjustment ,act of #aich ,the following provisions of the ,agricultural ,adjustment ,act of #aich shall not be applicable to the #bjad through #bjah crops of covered commodities 7as defined in section #aajd71 cotton1 and sugar and shall not be applicable to milk during the period beginning on the date of enactment of this ,act through ,december #ca1 #bjah3 7#a7 ,parts ,,ii through ,v of subtitle ,b of title ,,iii 7#g ,u4,s4,c4 #acbf et seq474 7#b7 ,in the case of upland cotton1 section #cgg 7#g ,u4,s4,c4 #acgg74 7#c7 ,subtitle ,d of title ,,iii 7#g ,u4,s4,c4 #acgi;a et seq474 7#d7 ,title ,,iv 7#g ,u4,s4,c4 #adja et seq474 7b7 ,agricultural ,act of #aidi ,the following provisions of the ,agricultural ,act of #aidi shall not be applicable to the #bjad through #bjah crops of covered commodities 7as defined in section #aajd71 cotton1 and sugar and shall not be applicable to milk during the period beginning on the date of enactment of this ,act and through ,december #ca1 #bjah3 7#a7 ,section #aja 7#g ,u4,s4,c4 #adda74 7#b7 ,section #ajc7;a7 7#g ,u4,s4,c4 #addd7;a774 7#c7 ,section #aje 7#g ,u4,s4,c4 #addd;b74 7#d7 ,section #ajg 7#g ,u4,s4,c4 #adde;a74 7#e7 ,section #aaj 7#g ,u4,s4,c4 #adde;e74 7#f7 ,section #aab 7#g ,u4,s4,c4 #adde;g74 7#g7 ,section #aae 7#g ,u4,s4,c4 #addek74 7#h7 ,section #bja 7#g ,u4,s4,c4 #addf74 7#i7 ,title ,,iii 7#g ,u4,s4,c4 #addg et seq474 7#aj7 ,title ,,iv 7#g ,u4,s4,c4 #adba et seq471 other than sections #djd1 #dab1 and #daf 7#g ,u4,s4,c4 #adbd1 #adbi1 and #adca74 7#aa7 ,title ,v 7#g ,u4,s4,c4 #adfa et seq474 7#ab7 ,title ,,vi 7#g ,u4,s4,c4 #adga et seq474 7c7 ,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 #aich1 as amended1 approved ,may #bf1 #aida 7#g ,u4,s4,c4 #accj and #acdj71 shall not be applicable to the crops of wheat planted for harvest in the calendar years #bjad through #bjah4 #afjc4 ,payment limitations 7a7 ,in general ,section #ajja of the ,food ,security ,act of #aihe 7#g ,u4,s4,c4 #acjh7 is amended by striking subsections 7b7 and 7c7 and inserting the following3 7b7 ,limitation on payments for peanuts and other covered commodities ,the total amount of payments received1 directly or indirectly1 by a person or legal entity 7except a joint venture or general partnership7 for any crop year under subtitle ,a of title ,i of the ,agriculture ,reform1 ,food1 and ,jobs ,act of #bjac for-- 7#a7 peanuts may not exceed #ej1jjj2 and 7#b7 #a or more other covered commodities may not exceed #ej1jjj4 4 7b7 ,limitation on marketing loan gains and loan deficiency payments for peanuts and other covered commodities ,section #ajja of the ,food ,security ,act of #aihe 7#g ,u4,s4,c4 #acjh7 is amended by striking subsection 7d7 and inserting the following3 7d7 ,limitation on marketing loan gains and loan deficiency payments for peanuts and other covered commodities ,the total amount of marketing loan gains and loan deficiency payments received1 directly or indirectly1 by a person or legal entity 7except a joint venture or general partnership7 for any crop year under subtitle ,b of the ,agriculture ,reform1 ,food1 and ,jobs ,act of #bjac 7or a successor provision7 for-- 7#a7 peanuts may not exceed #ge1jjj2 and 7#b7 #a or more other covered commodities may not exceed #ge1jjj4 4 7c7 ,conforming amendments 7#a7 ,section #ajja of the ,food ,security ,act of #aihe 7#g ,u4,s4,c4 #acjh7 is amended-- 7,a7 in subsection 7a77#a71 by striking section #ajja of the ,food1 ,conservation1 and ,energy ,act of #bjjh and inserting section #aajd of the ,agriculture ,reform1 ,food1 and ,jobs ,act of #bjac2 7,b7 in subsection 7e7-- 7i7 in paragraph 7#a71 by striking subsections 7b7 and 7c7 and a program described in paragraphs 7#a77;,c7 and inserting subsection 7b7 and a program described in paragraph 7#a77;,b72 and 7ii7 in paragraph 7#c77;,b71 by striking subsections 7b7 and 7c7 each place it appears and inserting subsection 7b72 7,c7 in subsection 7f7-- 7i7 by striking or title ,,xii each place it appears in paragraphs 7#e77;,a7 and 7#f77;,a7 and inserting 1 title ,i of the ,agriculture ,reform1 ,food1 and ,jobs ,act of #bjac1 or title ,,xii2 7ii7 in paragraph 7#b71 by striking ,subsections 7b7 and 7c7 and inserting ,subsection 7b72 7iii7 in paragraph 7#d77;,b71 by striking subsection 7b7 or 7c7 and inserting subsection 7b72 7iv7 in paragraph 7#e7-- 7,i7 in subparagraph 7,a71 by striking subsection 7d7 and inserting subsection 7c72 and 7,,ii7 in subparagraph 7,b71 by striking subsection 7b71 7c71 or 7d7 and inserting subsection 7b7 or 7c72 and 7v7 in paragraph 7#f7-- 7,i7 in subparagraph 7,a71 by striking subsection 7d71 except as provided in subsection 7g7 and inserting subsection 7c71 except as provided in subsection 7f72 and 7,,ii7 in subparagraph 7,b71 by striking subsections 7b71 7c71 and 7d7 and inserting subsections 7b7 and 7c72 7,d7 in subsection 7g7-- 7i7 in paragraph 7#a7-- 7,i7 bv striking subsection 7f77#f77;,a7 and inserting subsection 7e77#f77;,a7 and 7,,ii7 by striking subsection 7b7 or 7c7 and inserting subsection 7b72 and 7ii7 in paragraph 7#b77;,a71 by striking subsections 7b7 and 7c7 and inserting subsection 7b72 and 7,e7 by redesignating subsections 7d7 through 7h7 as subsections 7c7 through 7g71 respectively4 7#b7 ,section #ajja;,a of the ,food ,security ,act of #aihe 7#g ,u4,s4,c4 #acjh-a7 is amended-- 7,a7 in subsection 7a71 by striking subsections 7b7 and 7c7 and inserting subsection 7b72 and 7,b7 in subsection 7b77#a71 by striking subsection 7b7 or 7c7 and inserting subsection 7b74 7#c7 ,section #ajja;,b7a7 of the ,food ,security ,act of #aihe 7#g ,u4,s4,c4 #acjh-b7;a77 is amended in the matter preceding paragraph 7#a7 by striking subsections 7b7 and 7c7 and inserting subsection 7b74 7#d7 ,section #ajja;,c7a7 of the ,food ,security ,act of #aihe 7#g ,u4,s4,c4 #acjh-c7;a77 is amended by inserting title ,i of the ,agriculture ,reform1 ,food1 and ,jobs ,act of #bjac1 after #bjjh14 7d7 ,application ,the amendments made by this section shall apply beginning with the #bjac crop year4 #afjd4 ,payments limited to active farmers ,section #ajja;,a of the ,food ,security ,act of #aihe 7#g ,u4,s4,c4 #acjh-a7 is amended-- 7#a7 in subsection 7b77#b7-- 7,a7 by striking or active personal management each place it appears in subparagraphs 7,a77i77,,ii7 and 7,b77ii72 and 7,b7 in subparagraph 7,c71 by striking 1 as applied to the legal entity1 are met by the legal entity1 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 labor1 those partners or members2 and 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#a7-- 7i7 by striking subparagraph 7,a7 and inserting the following3 7,a7 the landowner share-rents the land at a rate that is usual and customary2 2 7ii7 in subparagraph 7,b71 by striking the period at the end and inserting 2 and2 and 7iii7 by adding at the end the following3 7,c7 the share of the payments received by the landowner is commensurate with the share of the crop or income received as rent4 2 7,b7 in paragraph 7#b77;,a71 by striking active personal management or2 7,c7 in paragraph 7#e7-- 7i7 by striking 7#e7 and all that follows through 7,a7 ,in general4--,a person and inserting the following3 7#e7 ,custom farming services ,a person 2 7ii7 by inserting under usual and customary terms after services2 and 7iii7 by striking subparagraph 7,b72 and 7,d7 by adding at the end the following3 7#g7 ,farm managers ,a person who otherwise meets the requirements of this subsection other than 7b77#b77;,a77i77,,ii7 shall be considered to be actively engaged in farming1 as determined by the ,secretary1 with respect to the farming operation1 including a farming operation that is a sole proprietorship1 a legal entity such as a joint venture or general partnership1 or a legal entity such as a corporation or limited partnership1 if the person-- 7,a7 makes a significant contribution of management to the farming operation necessary for the farming operation1 taking into account-- 7i7 the size and complexity of the farming operation2 and 7ii7 the management requirements normally and customarily required by similar farming operations2 7,b7 is the only person in the farming operation qualifying as actively engaged in farming2 7,c7 does not use the management contribution under this paragraph to qualify as actively engaged in more than #a farming operation2 and 7,d7 manages a farm operation that does not substantially share equipment1 labor1 or management with persons or legal entities that with the person collectively receive1 directly or indirectly1 an amount equal to more than the applicable limits under section #ajja7;b74 4 #afje4 ,adjusted gross income limitation 7a7 ,in general ,section #ajja;,d7b77 of the ,food ,security ,act of #aihe 7#g ,u4,s4,c4 #acjh-c;a7b77 is amended by striking paragraph 7#a7 and inserting the following3 7#a7 ,commodity programs 7,a7 ,limitation ,notwithstanding any other provision of law1 a person or legal entity shall not be eligible to receive any benefit described in subparagraph 7,b7 during a crop1 fiscal or program year1 as appropriate1 if the average adjusted gross income 7or comparable measure over the #c taxable years preceding the most immediately preceding complete taxable year1 as determined by the ,secretary7 of the person or legal entity exceeds #gej1jjj4 7,b7 ,covered benefits ,subparagraph 7,a7 applies with respect to the following3 7i7 ,a payment under section #aaje of the ,agriculture ,reform1 ,food1 and ,jobs ,act of #bjac4 7ii7 ,a marketing loan gain or loan deficiency payment under subtitle ,b of title ,i of the ,agriculture ,reform1 ,food1 and ,jobs ,act of #bjac4 7iii7 ,a payment under subtitle ,e of the ,agriculture ,reform1 ,food1 and ,jobs ,act of #bjac4 4 7iv7 ,a payment under section #aif of the ,federal ,agriculture ,improvement and ,reform ,act of #aiif 7#g ,u4,s4,c4 #gccc74 4 7b7 ,application ,the amendments made by this section shall apply beginning with the #bjac crop year4 #afjf4 ,geographically disadvantaged farmers and ranchers ,section #afba7;d7 of the ,food1 ,conservation1 and ,energy ,act of #bjjh 7#g ,u4,s4,c4 #hgib7;d77 is amended by striking #bjab and inserting #bjah4 #afjg4 ,personal liability of producers for deficiencies ,section #afd of the ,federal ,agriculture ,improvement and ,reform ,act of #aiif 7#g ,u4,s4,c4 #gbhd7 is amended by striking and title ,i of the ,food1 ,conservation1 and ,energy ,act of #bjjh each place it appears and inserting title ,i of the ,food1 ,conservation1 and ,energy ,act of #bjjh 7#g ,u4,s4,c4 #hgjb et seq471 and title ,i of the ,agriculture ,reform1 ,food1 and ,jobs ,act of #bjac4 #afjh4 ,prevention of deceased individuals receiving payments under farm commodity programs 7a7 ,reconciliation ,at least twice each year1 the ,secretary shall reconcile social security numbers of all individuals who receive payments under this title1 whether directly or indirectly1 with the ,commissioner of ,social ,security to determine if the individuals are alive4 7b7 ,preclusion ,the ,secretary shall preclude the issuance of payments to1 and on behalf of1 deceased individuals that were not eligible for payments4 #afji4 ,appeals 7a7 ,direction1 control1 and support ,section #bgb of the ,department of ,agriculture ,reorganization ,act of #aiid 7#g ,u4,s4,c4 #fiib7 is amended by striking subsection 7c7 and inserting the following3 7c7 ,direction1 control1 and support 7#a7 ,direction and control 7,a7 ,in general ,except as provided in paragraph 7#b71 the ,director shall be free from the direction and control of any person other than the ,secretary or the ,deputy ,secretary of ,agriculture4 7,b7 ,administrative support ,the ,division shall not receive administrative support 7except on a reimbursable basis7 from any agency other than the ,office of the ,secretary4 7,c7 ,prohibition on delegation ,the ,secretary may not delegate to any other officer or employee of the ,department1 other than the ,deputy ,secretary of ,agriculture or the ,director1 the authority of the ,secretary with respect to the ,division4 7#b7 ,exception ,the ,assistant ,secretary for ,administration is authorized to investigate1 enforce1 and implement the provisions in law1 ,executive order1 or regulations that relate in general to competitive and excepted service positions and employment within the ,division1 including the position of ,director1 and such authority may be further delegated to subordinate officials4 4 7b7 ,determination of appealability of agency decisions ,section #bgb of the ,department of ,agriculture ,reorganization ,act of #aiid 7#g ,u4,s4,c4 #fiib7 is amended by striking subsection 7d7 and inserting the following3 7d7 ,determination of appealability of agency decisions 7#a7 ,definition of a matter of general applicability ,in this subsection1 the term a matter of general applicability means a matter that challenges the merits or authority of a rule1 procedure1 local or national program practice1 or determination of an agency that applies1 or can apply1 to more than #a interested party as opposed to the particular application of the rule1 procedure1 or practice to a specific set of facts or the facts themselves as the facts apply to #a particular interested party4 7#b7 ,matters not subject to appeal ,the ,division may not hear appeals-- 7,a7 unless the determination of the agency is adverse to the appellant2 7,b7 that involve matters of general applicability2 and 7,c7 that involve requests for equitable relief unless the equitable relief has been denied by the agency4 7#c7 ,equitable relief 7,a7 ,in general ,an appeal requesting equitable relief may not be granted by the ,director to an appellant unless1 using the rules and practices that the agency applies to itself1 the agency could in fact have granted the relief because the appellant acted in good faith1 but failed to fully comply with the requirement of the rule or practice of the agency4 7,b7 ,remand ,if it cannot be determined whether the agency would have granted equitable relief because the appellant acted in good faith1 but failed to comply with the rule or practice of the agency1 the matter shall be remanded to the agency for further consideration4 7#d7 ,determination of appealability ,if an officer1 employee1 or committee of an agency determines that a decision is not appealable and a participant appeals the decision to the ,director1 the ,director shall determine whether the decision is adverse to the individual participant and appealable or is a matter of general applicability and not subject to appeal4 7#e7 ,appealability of determination ,the determination of the ,director as to whether a decision is appealable is final4 4 7c7 ,equitable relief ,section #bgh of the ,department of ,agriculture ,reorganization ,act of #aiid 7#g ,u4,s4,c4 #fiih7 is amended by striking subsection 7d74 7d7 ,conforming amendment ,section #bif7;b7 of the ,department of ,agriculture ,reorganization ,act of #aiid 7#g ,u4,s4,c4 #gjad7;b77 is amended-- 7#a7 in paragraph 7#f77;,c71 by striking or at the end2 7#b7 in paragraph 7#g71 by striking the period at the end and inserting 2 or2 and 7#c7 by adding at the end the following3 7#h7 the authority of the ,secretary to carry out amendments to sections #bgb and #bgh made by the ,agriculture ,reform1 ,food1 and ,jobs ,act of #bjac4 4 #afaj4 ,technical corrections 7a7 ,section #cei;f7c77#a77;,b7 of the ,agricultural ,adjustment ,act of #aich 7#g ,u4,s4,c4 #acei;ff7c77#a77;,b77 is amended by adding a period at the end4 7b7 7#a7 ,section #afjc7;g7 of the ,food1 ,conservation1 and ,energy ,act of #bjjh 7,public ,law #aaj-bdf2 #abb ,stat4 #agci7 is amended in paragraphs 7#b7 through 7#f7 and the amendments made by those paragraphs by striking #agjc7;a7 each place it appears and inserting #afjc7;a74 7#b7 ,this subsection and the amendments made by this subsection take effect as if included in the ,food1 ,conservation1 and ,energy ,act of #bjjh 7,public ,law #aaj-bdf2 #abb ,stat4 #afea74 #afaa4 ,assignment of payments 7a7 ,in general ,the provisions of section #h7;g7 of the ,soil ,conservation and ,domestic ,allotment ,act 7#af ,u4,s4,c4 #eij;h7g771 relating to assignment of payments1 shall apply to payments made under this title4 7b7 ,notice ,the producer making the assignment1 or the assignee1 shall provide the ,secretary with notice1 in such manner as the ,secretary may require1 of any assignment made under this section4 #afab4 ,tracking of benefits ,as soon as practicable after the date of enactment of this ,act1 the ,secretary may track the benefits provided1 directly or indirectly1 to individuals and entities under titles ,i and ,,ii and the amendments made by those titles4 #afac4 ,signature authority 7a7 ,in general ,in carrying out this title and title ,,ii and amendments made by those titles1 if the ,secretary approves a document1 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 individual1 entity1 general partnership1 or joint venture1 or the documents relied upon were determined inadequate or invalid1 unless the person signing the program document knowingly and willfully falsified the evidence of signature authority or a signature4 7b7 ,affirmation 7#a7 ,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 7a74 7#b7 ,no retroactive effect ,a denial of benefits based on a lack of affirmation under paragraph 7#a7 shall not be retroactive with respect to third-party producers who were not the subject of the erroneous representation of authority1 if the third-party producers-- 7,a7 relied on the prior approval by the ,secretary of the documents in good faith2 and 7,b7 substantively complied with all program requirements4 #afad4 ,implementation 7a7 ,streamlining ,in implementing this title1 the ,secretary shall1 to the maximum extent practicable-- 7#a7 seek to reduce administrative burdens and costs to producers by streamlining and reducing paperwork1 forms1 and other administrative requirements2 7#b7 improve coordination1 information sharing1 and administrative work with the ,risk ,management ,agency and the ,natural ,resources ,conservation ,service2 and 7#c7 take advantage of new technologies to enhance efficiency and effectiveness of program delivery to producers4 7b7 ,implementation ,on ,october #a1 #bjac1 the ,secretary shall make available to the ,farm ,service ,agency to carry out this title #ajj1jjj1jjj4 ,,ii ,conservation ,a ,conservation ,reserve ,program #bjja4 ,extension and enrollment requirements of conservation reserve program 7a7 ,extension ,section #abca7;a7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chca7;a77 is amended by striking #bjab and inserting #bjah4 7b7 ,eligible land ,section #abca7;b7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chca7;b77 is amended-- 7#a7 in paragraph 7#a77;,b71 by striking the date of enactment of the ,food1 ,conservation1 and ,energy ,act of #bjjh and inserting the date of enactment of the ,agriculture ,reform1 ,food1 and ,jobs ,act of #bjac2 7#b7 by striking paragraph 7#b7 and redesignating paragraph 7#c7 as paragraph 7#b72 7#c7 by inserting before paragraph 7#d7 the following3 7#c7 grassland that-- 7,a7 contains forbs or shrubland 7including improved rangeland and pastureland7 for which grazing is the predominant use2 7,b7 is located in an area historically dominated by grassland2 and 7,c7 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 condition2 2 7#d7 in paragraph 7#d77;,c71 by striking filterstrips devoted to trees or shrubs and inserting filterstrips and riparian buffers devoted to trees1 shrubs1 or grasses2 and 7#e7 by striking paragraph 7#e7 and inserting the following3 7#e7 the portion of land in a field not enrolled in the conservation reserve in a case in which-- 7,a7 more than #ej percent of the land in the field is enrolled as a buffer or filterstrip or more than #ge percent of the land in the field is enrolled in a practice other than as a buffer or filterstrip2 and 7,b7 the remainder of the field is-- 7i7 infeasible to farm2 and 7ii7 enrolled at regular rental rates4 4 7c7 ,planting ,status of ,certain ,land ,section #abca7;c7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chca7;c77 is amended by striking if and all that follows through the period at the end and inserting if1 during the crop year1 the land was devoted to a conserving use44 7d7 ,enrollment ,section #abca of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chca7 is amended by striking subsection 7d7 and inserting the following3 7d7 ,enrollment 7#a7 ,maximum acreage enrolled ,the ,secretary may maintain in the conservation reserve at any #a time during-- 7,a7 fiscal year #bjac1 no more than #cb1jjj1jjj acres2 7,b7 fiscal year #bjad1 no more than #cj1jjj1jjj acres2 7,c7 fiscal year #bjae1 no more than #bg1ejj1jjj acres2 7,d7 fiscal year #bjaf1 no more than #bf1ejj1jjj acres2 7,e7 fiscal year #bjag1 no more than #be1ejj1jjj acres2 and 7,f7 fiscal year #bjah1 no more than #be1jjj1jjj acres4 7#b7 ,grassland 7,a7 ,limitation ,for purposes of applying the limitations in paragraph 7#a71 no more than #a1ejj1jjj acres of the land described in subsection 7b77#c7 may be enrolled in the program at any #a time during the #bjad through #bjah fiscal years4 7,b7 ,priority ,in enrolling acres under subparagraph 7,a71 the ,secretary may give priority to land with expiring conservation reserve program contracts4 7,c7 ,method of enrollment ,in enrolling acres under subparagraph 7,a71 the ,secretary shall make the program available to owners or operators of eligible land at least once during each fiscal year4 4 7e7 ,duration of contract ,section #abca7;e7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chca7;e77 is amended by striking paragraphs 7#b7 and 7#c7 and inserting the following3 7#b7 ,special rule for certain land ,in the case of land devoted to hardwood trees1 shelterbelts1 windbreaks1 or wildlife corridors under a contract entered into under this subchapter1 the owner or operator of the land may1 within the limitations prescribed under this section1 specify the duration of the contract4 4 7f7 ,conservation priority areas ,section #abca7;f7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chca7;f77 is amended-- 7#a7 in paragraph 7#a71 by striking watershed areas of the ,chesapeake ,bay ,region1 the ,great ,lakes ,region1 the ,long ,island ,sound ,region1 and other2 7#b7 in paragraph 7#b71 by striking watersheds4--,watersheds and inserting areas4--,areas2 and 7#c7 in paragraph 7#c71 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 activities44 #bjjb4 ,farmable wetland program 7a7 ,extension ,section #abca;,b7a77#a7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chca;b7a77#a77 is amended-- 7#a7 by striking #bjab and inserting #bjah2 and 7#b7 by striking a program and inserting a farmable wetland program4 7b7 ,eligible acreage ,section #abca;,b7b77#a77;,b7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chca;b7b77#a77;,b77 is amended by striking flow from a row crop agriculture drainage system and inserting surface and subsurface flow from row crop agricultural production4 7c7 ,clerical amendments ,section #abca;,b of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chca;b7 is amended-- 7#a7 by striking the heading and inserting the following3 #abca;,b4 ,farmable wetland program 2 and 7#b7 in subsection 7f77#b71 by striking section #abcd7;c77#b77;,b7 and inserting section #abcd7;c77#b77;,a77ii74 #bjjc4 ,duties of owners and operators 7a7 ,limitation on harvesting1 grazing or commercial use of forage ,section #abcb7;a77#h7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chcb7;a77#h77 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 section #abcc7;b724 7b7 ,conservation plan requirements ,section #abcb of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chcb7 is amended by striking subsection 7b7 and inserting the following3 7b7 ,conservation plans ,the plan referred to in subsection 7a77#a7 shall set forth-- 7#a7 the conservation measures and practices to be carried out by the owner or operator during the term of the contract2 and 7#b7 the commercial use1 if any1 to be permitted on the land during the term4 4 7c7 ,rental payment reduction ,section #abcb of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chcb7 is amended by striking subsection 7d74 #bjjd4 ,duties of the ,secretary ,section #abcc of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chcc7 is amended to read as follows3 #abcc4 ,duties of the ,secretary 7a7 ,cost-,share and rental payments ,in return for a contract entered into by an owner or operator1 the ,secretary shall-- 7#a7 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 interest2 and 7#b7 for a period of years not in excess of the term of the contract1 pay an annual rental payment in an amount necessary to compensate for-- 7,a7 the conversion of highly erodible cropland or other eligible land normally devoted to the production of an agricultural commodity on a farm or ranch to a less intensive use2 7,b7 the retirement of any cropland base and allotment history that the owner or operator agrees to retire permanently2 and 7,c7 the development and management of grassland for multiple natural resource conservation benefits1 including soil1 water1 air1 and wildlife4 7b7 ,specified activities permitted ,the ,secretary shall permit certain activities or commercial uses of land that is subject to the contract if those activities or uses are consistent with a plan approved by the ,secretary and include-- 7#a7 harvesting1 grazing1 or other commercial use of the forage in response to drought1 flooding1 or other emergency without any reduction in the rental rate2 7#b7 grazing by livestock of a beginning farmer or rancher without any reduction in the rental rate1 if the grazing is-- 7,a7 consistent with the conservation of soil1 water quality1 and wildlife habitat 7including habitat during the primary nesting season for critical birds in the area72 and 7,b7 described in subparagraph 7,b7 or 7,c7 of paragraph 7#c72 7#c7 consistent with the conservation of soil1 water quality1 and wildlife habitat 7including habitat during the primary nesting season for critical birds in the area7 and in exchange for a reduction of not less than #be percent in the annual rental rate for the acres covered by the authorized activity-- 7,a7 managed harvesting and other commercial use 7including the managed harvesting of biomass71 except that in permitting those activities the ,secretary1 in coordination with the ,state technical committee-- 7i7 shall develop appropriate vegetation management requirements2 and 7ii7 shall identify periods during which the activities may be conducted1 such that the frequency is at least once every #e years but not more than once every #c years2 7,b7 prescribed grazing for the control of invasive species1 which may be conducted annually2 7,c7 routine grazing1 except that in permitting routine grazing1 the ,secretary1 in coordination with the ,state technical committee-- 7i7 shall develop appropriate vegetation management requirements and stocking rates for the land that are suitable for continued routine grazing2 and 7ii7 shall identify the periods during which routine grazing may be conducted1 such that the frequency is not more than once every #b years1 taking into consideration regional differences such as-- 7,i7 climate1 soil type1 and natural resources2 7,,ii7 the number of years that should be required between routine grazing activities2 and 7,,iii7 how often during a year in which routine grazing is permitted that routine grazing should be allowed to occur2 and 7,d7 the installation of wind turbines and associated access1 except that in permitting the installation of wind turbines1 the ,secretary shall determine the number and location of wind turbines that may be installed1 taking into account-- 7i7 the location1 size1 and other physical characteristics of the land2 7ii7 the extent to which the land contains threatened or endangered wildlife and wildlife habitat2 and 7iii7 the purposes of the conservation reserve program under this subchapter2 and 7#d7 the intermittent and seasonal use of vegetative buffer practices incidental to agricultural production on land adjacent to the buffer such that the permitted use does not destroy the permanent vegetative cover4 7c7 ,authorized activities on grassland ,notwithstanding section #abcb7;a77#h71 for eligible land described in section #abca7;b77#c71 the ,secretary shall permit the following activities3 7#a7 ,common grazing practices1 including maintenance and necessary cultural practices1 on the land in a manner that is consistent with maintaining the viability of grassland1 forb1 and shrub species appropriate to that locality4 7#b7 ,haying1 mowing1 or harvesting for seed production1 subject to appropriate restrictions during the primary nesting season for critical birds in the area4 7#c7 ,fire presuppression1 rehabilitation1 and construction of fire breaks4 7#d7 ,grazing-related activities1 such as fencing and livestock watering4 7d7 ,resource conserving use 7#a7 ,in general ,beginning on the date that is #a year before the date of termination of a contract under the program1 the ,secretary shall allow an owner or operator to make conservation and land improvements that facilitate maintaining protection of highly erodible land after expiration of the contract4 7#b7 ,conservation plan ,the ,secretary shall require an owner or operator carrying out the activities described in paragraph 7#a7 to develop and implement a conservation plan4 7#c7 ,reenrollment prohibited ,land altered under paragraph 7#a7 may not be reenrolled in the conservation reserve program for #e years4 7#d7 ,payment ,the ,secretary shall provide an annual payment that is reduced in an amount commensurate with any income or other compensation received as a result of the activities carried out under paragraph 7#a74 4 #bjje4 ,payments 7a7 ,trees1 windbreaks1 shelterbelts1 and wildlife corridors ,section #abcd7;b77#c77;,a7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chcd7;b77#c77;,a77 is amended-- 7#a7 in clause 7i71 by inserting and after the semicolon2 7#b7 by striking clause 7ii72 and 7#c7 by redesignating clause 7iii7 as clause 7ii74 7b7 ,incentives ,section #abcd7;b77#c77;,b7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chcd7;b77#c77;,b77 is amended-- 7#a7 in clause 7i71 by inserting 1 practices to improve the condition of resources on the land1 after operator72 and 7#b7 by adding at the end the following3 7iii7 ,incentives ,in making rental payments to an owner or operator of land described in subparagraph 7,a71 the ,secretary may provide incentive payments sufficient to encourage proper thinning and practices to improve the condition of resources on the land4 4 7c7 ,annual rental payments ,section #abcd7;c7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chcd7;c77 is amended-- 7#a7 in paragraph 7#a71 by inserting and other eligible land after highly erodible cropland both places it appears2 7#b7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,methods of ,determination 7,a7 ,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-- 7i7 the submission of bids for such contracts by owners and operators in such manner as the ,secretary may prescribe2 or 7ii7 such other means as the ,secretary determines are appropriate4 7,b7 ,grassland ,in the case of eligible land described in section #abca7;b77#c71 the ,secretary shall make annual payments in an amount that is not more than #ge percent of the grazing value of the land covered by the contract4 2 and 7#c7 in paragraph 7#e77;,a7-- 7,a7 by striking ,the ,secretary and inserting the following3 7i7 ,survey ,the ,secretary 2 and 7,b7 by adding at the end the following3 7ii7 ,use ,the ,secretary may use the survey of dryland cash rental rates described in clause 7i7 as a factor in determining rental rates under this section as the ,secretary determines appropriate4 4 7d7 ,payment schedule ,section #abcd of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chcd7 is amended by striking subsection 7d7 and inserting the following3 7d7 ,payment schedule 7#a7 ,in general ,except as otherwise provided in this section1 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 contract4 7#b7 ,source ,payments under this subchapter shall be made using the funds of the ,commodity ,credit ,corporation4 7#c7 ,advance payment ,payments under this subchapter may be made in advance of determination of performance4 4 7e7 ,payment limitation ,section #abcd7;f7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chcd7;f77 is amended-- 7#a7 in paragraph 7#a71 by striking 1 including rental payments made in the form of in-kind commodities12 7#b7 by striking paragraph 7#c72 and 7#c7 by redesignating paragraph 7#d7 as paragraph 7#b74 #bjjf4 ,contract requirements ,section #abce7;f7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chce7;f77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in the matter preceding subparagraph 7,a71 by striking ,duties and all that follows through a beginning farmer and inserting ,transition to covered farmer or rancher4--,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 farmer2 7,b7 in subparagraph 7,d71 by striking the farmer or rancher and inserting the covered farmer or rancher2 and 7,c7 in subparagraph 7,e71 by striking section #ajja;,a7b77#c77;,b7 and inserting section #ajja2 and 7#b7 in paragraph 7#b71 by striking requirement of section #abca7;h77#d77;,b7 and inserting option provided under section #abcd7;c77#b77;,a77ii74 #bjjg4 ,conversion of land subject to contract to other conserving uses ,section #abce;,a of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chce;a7 is repealed4 #bjjh4 ,effective date 7a7 ,in general ,the amendments made by this subtitle shall take effect on ,october #a1 #bjac1 except1 the amendment made by section #bjja7;d71 which shall take effect on the date of enactment of this ,act4 7b7 ,effect on existing contracts 7#a7 ,in general ,except as provided in paragraph 7#b71 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 #a of subtitle ,d of title ,,xii of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chca et seq47 before ,october #a1 #bjac1 or any payments required to be made in connection with the contract4 7#b7 ,updating of existing contracts ,the ,secretary shall permit an owner or operator with a contract entered into under subchapter ,b of chapter #a of subtitle ,d of title ,,xii of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chca et seq47 before ,october #a1 #bjac1 to update the contract to reflect the activities and uses of land under contract permitted under the terms and conditions of paragraphs 7#a7 and 7#b7 of section #abcc7;b7 of that ,act 7as amended by section #bjjd74 ,b ,conservation ,stewardship ,program #baja4 ,conservation stewardship program 7a7 ,revision of current program ,subchapter ,b of chapter #b of subtitle ,d of title ,,xii of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chch;d et seq47 is amended to read as follows3 ,b ,conservation stewardship program #abch;,d4 ,definitions ,in this subchapter3 7#a7 ,agricultural operation ,the term agricultural operation means all eligible land1 whether or not contiguous1 that is-- 7,a7 under the effective control of a producer at the time the producer enters into a contract under the program2 and 7,b7 operated with equipment1 labor1 management1 and production or cultivation practices that are substantially separate from other agricultural operations1 as determined by the ,secretary4 7#b7 ,conservation activities 7,a7 ,in general ,the term conservation activities means conservation systems1 practices1 or management measures4 7,b7 ,inclusions ,the term conservation activities includes-- 7i7 structural measures1 vegetative measures1 and land management measures1 including agriculture drainage management systems1 as determined by the ,secretary2 and 7ii7 planning needed to address a priority resource concern4 7#c7 ,conservation stewardship plan ,the term conservation stewardship plan means a plan that-- 7,a7 identifies and inventories priority resource concerns2 7,b7 establishes benchmark data and conservation objectives2 7,c7 describes conservation activities to be implemented1 managed1 or improved2 and 7,d7 includes a schedule and evaluation plan for the planning1 installation1 and management of the new and existing conservation activities4 7#d7 ,eligible land 7,a7 ,in general ,the term eligible land means-- 7i7 private and tribal land on which agricultural commodities1 livestock1 or forest-related products are produced2 and 7ii7 land associated with the land described in clause 7i7 on which priority resource concerns could be addressed through a contract under the program4 7,b7 ,inclusions ,the term eligible land includes-- 7i7 cropland2 7ii7 grassland2 7iii7 rangeland2 7iv7 pastureland2 7v7 nonindustrial private forest land2 and 7vi7 other agricultural land 7including cropped woodland1 marshes1 and agricultural land used for the production of livestock71 as determined by the ,secretary4 7#e7 ,priority resource concern ,the term priority resource concern means a natural resource concern or problem1 as determined by the ,secretary1 that-- 7,a7 is identified at the national1 ,state or local level1 as a priority for a particular area of the ,state2 7,b7 represents a significant concern in a ,state or region2 and 7,c7 is likely to be addressed successfully through the implementation of conservation activities under this program4 7#f7 ,program ,the term program means the conservation stewardship program established by this subchapter4 7#g7 ,stewardship threshold ,the term stewardship threshold means the level of management required1 as determined by the ,secretary1 to conserve and improve the quality and condition of a natural resource4 #abch;,e4 ,conservation stewardship program 7a7 ,establishment and purpose ,during each of fiscal years #bjad through #bjah1 the ,secretary shall carry out a conservation stewardship program to encourage producers to address priority resource concerns and improve and conserve the quality and condition of natural resources in a comprehensive manner-- 7#a7 by undertaking additional conservation activities2 and 7#b7 by improving1 maintaining1 and managing existing conservation activities4 7b7 ,exclusions 7#a7 ,land enrolled in other conservation programs ,subject to paragraph 7#b71 the following land 7even if covered by the definition of eligible land7 is not eligible for enrollment in the program3 7,a7 ,land enrolled in the conservation reserve program4 7,b7 ,land enrolled in the ,agricultural ,conservation ,easement ,program in a wetland easement4 7,c7 ,land enrolled in the conservation security program4 7#b7 ,conversion to cropland ,eligible land used for crop production after ,october #a1 #bjac1 that had not been planted1 considered to be planted1 or devoted to crop production for at least #d of the #f years preceding that date shall not be the basis for any payment under the program1 unless the land does not meet the requirement because-- 7,a7 the land had previously been enrolled in the conservation reserve program2 7,b7 the land has been maintained using long-term crop rotation practices1 as determined by the ,secretary2 or 7,c7 the land is incidental land needed for efficient operation of the farm or ranch1 as determined by the ,secretary4 #abch;,f4 ,stewardship contracts 7a7 ,submission of contract offers ,to be eligible to participate in the conservation stewardship program1 a producer shall submit a contract offer for the agricultural operation that-- 7#a7 demonstrates to the satisfaction of the ,secretary that the producer1 at the time of the contract offer1 is meeting the stewardship threshold for at least #b priority resource concerns2 and 7#b7 would1 at a minimum1 meet or exceed the stewardship threshold for at least #a additional priority resource concern by the end of the stewardship contract by-- 7,a7 installing and adopting additional conservation activities2 and 7,b7 improving1 maintaining1 and managing existing conservation activities on the agricultural operation in a manner that increases or extends the conservation benefits in place at the time the contract offer is accepted by the ,secretary4 7b7 ,evaluation of contract offers 7#a7 ,ranking of applications ,in evaluating contract offers the ,secretary shall rank applications based on-- 7,a7 the level of conservation treatment on all applicable priority resource concerns at the time of application2 7,b7 the degree to which the proposed conservation activities effectively increase conservation performance2 7,c7 the number of applicable priority resource concerns proposed to be treated to meet or exceed the stewardship threshold by the end of the contract2 7,d7 the extent to which other priority resource concerns will be addressed to meet or exceed the stewardship threshold by the end of the contract period2 7,e7 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 offers2 and 7,f7 the extent to which priority resource concerns will be addressed when transitioning from the conservation reserve program to agricultural production4 7#b7 ,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 receive4 7#c7 ,additional criteria ,the ,secretary may develop and use such additional criteria that the ,secretary determines are necessary to ensure that national1 ,state1 and local priority resource concerns are effectively addressed4 7c7 ,entering into contracts ,after a determination that a producer is eligible for the program under subsection 7a71 and a determination that the contract offer ranks sufficiently high under the evaluation criteria under subsection 7b71 the ,secretary shall enter into a conservation stewardship contract with the producer to enroll the eligible land to be covered by the contract4 7d7 ,contract provisions 7#a7 ,term ,a conservation stewardship contract shall be for a term of #e years4 7#b7 ,required provisions ,the conservation stewardship contract of a producer shall-- 7,a7 state the amount of the payment the ,secretary agrees to make to the producer for each year of the conservation stewardship contract under section #abch;,g7d72 7,b7 require the producer-- 7i7 to implement a conservation stewardship plan that describes the program purposes to be achieved through #a or more conservation activities2 7ii7 to maintain and supply information as required by the ,secretary to determine compliance with the conservation stewardship plan and any other requirements of the program2 and 7iii7 not to conduct any activities on the agricultural operation that would tend to defeat the purposes of the program2 7,c7 permit all economic uses of the eligible land that-- 7i7 maintain the agricultural nature of the land2 and 7ii7 are consistent with the conservation purposes of the conservation stewardship contract2 7,d7 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 producer1 including a disaster or related condition1 as determined by the ,secretary2 7,e7 include provisions where upon the violation of a term or condition of the contract at any time the producer has control of the land-- 7i7 if the ,secretary determines that the violation warrants termination of the contract-- 7,i7 to forfeit all rights to receive payments under the contract2 and 7,,ii7 to refund all or a portion of the payments received by the producer under the contract1 including any interest on the payments1 as determined by the ,secretary2 or 7ii7 if the ,secretary determines that the violation does not warrant termination of the contract1 to refund or accept adjustments to the payments provided to the producer1 as the ,secretary determines to be appropriate2 7,f7 include provisions in accordance with paragraphs 7#c7 and 7#d7 of this section2 and 7,g7 include any additional provisions the ,secretary determines are necessary to carry out the program4 7#c7 ,change of interest in land subject to a contract 7,a7 ,in general ,at the time of application1 a producer shall have control of the eligible land to be enrolled in the program4 ,except as provided in subparagraph 7,b71 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 land4 7,b7 ,transfer of duties and rights ,subparagraph 7,a7 shall not apply if-- 7i7 within a reasonable period of time 7as determined by the ,secretary7 after the date of the change in the interest in all or a portion of the land covered by a contract under the program1 the transferee of the land provides written notice to the ,secretary that duties and rights under the contract have been transferred to1 and assumed by1 the transferee for the portion of the land transferred2 7ii7 the transferee meets the eligibility requirements of the program2 and 7iii7 the ,secretary approves the transfer of all duties and rights under the contract4 7#d7 ,modification and termination of contracts 7,a7 ,voluntary modification or termination ,the ,secretary may modify or terminate a contract with a producer if-- 7i7 the producer agrees to the modification or termination2 and 7ii7 the ,secretary determines that the modification or termination is in the public interest4 7,b7 ,involuntary termination ,the ,secretary may terminate a contract if the ,secretary determines that the producer violated the contract4 7#e7 ,repayment ,if a contract is terminated1 the ,secretary may1 consistent with the purposes of the program-- 7,a7 allow the producer to retain payments already received under the contract2 or 7,b7 require repayment1 in whole or in part1 of payments received and assess liquidated damages4 7e7 ,contract renewal ,at the end of the initial #e-year contract period1 the ,secretary may allow the producer to renew the contract for #a additional #e-year period if the producer-- 7#a7 demonstrates compliance with the terms of the existing contract2 7#b7 agrees to adopt and continue to integrate conservation activities across the entire agricultural operation as determined by the ,secretary2 and 7#c7 agrees1 at a minimum1 to meet or exceed the stewardship threshold for at least #b additional priority resource concerns on the agricultural operation by the end of the contract period4 #abch;,g4 ,duties of the secretary 7a7 ,in general ,to achieve the conservation goals of a contract under the conservation stewardship program1 the ,secretary shall-- 7#a7 make the program available to eligible producers on a continuous enrollment basis with #a or more ranking periods1 #a of which shall occur in the first quarter of each fiscal year2 7#b7 identify not less than #e priority resource concerns in a particular watershed or other appropriate region or area within a ,state2 and 7#c7 establish a science-based stewardship threshold for each priority resource concern identified under subparagraph 7#b74 7b7 ,allocation to states ,the ,secretary shall allocate acres to ,states for enrollment1 based-- 7#a7 primarily on each ,state's proportion of eligible land to the total acreage of eligible land in all ,states2 and 7#b7 also on consideration of-- 7,a7 the extent and magnitude of the conservation needs associated with agricultural production in each ,state2 7,b7 the degree to which implementation of the program in the ,state is1 or will be1 effective in helping producers address those needs2 and 7,c7 other considerations to achieve equitable geographic distribution of funds1 as determined by the ,secretary4 7c7 ,acreage enrollment limitation ,during the period beginning on ,october #a1 #bjac1 and ending on ,september #cj1 #bjbb1 the ,secretary shall1 to the maximum extent practicable-- 7#a7 enroll in the program an additional #aj1cdh1jjj acres for each fiscal year2 and 7#b7 manage the program to achieve a national average rate of #ah per acre1 which shall include the costs of all financial assistance1 technical assistance1 and any other expenses associated with enrollment or participation in the program4 7d7 ,conservation stewardship payments 7#a7 ,availability of payments ,the ,secretary shall provide annual payments under the program to compensate the producer for-- 7,a7 installing and adopting additional conservation activities2 and 7,b7 improving1 maintaining1 and managing conservation activities in place at the operation of the producer at the time the contract offer is accepted by the ,secretary4 7#b7 ,payment amount ,the amount of the conservation stewardship annual payment shall be determined by the ,secretary and based1 to the maximum extent practicable1 on the following factors3 7,a7 ,costs incurred by the producer associated with planning1 design1 materials1 installation1 labor1 management1 maintenance1 or training4 7,b7 ,income forgone by the producer4 7,c7 ,expected conservation benefits4 7,d7 ,the extent to which priority resource concerns will be addressed through the installation and adoption of conservation activities on the agricultural operation4 7,e7 ,the level of stewardship in place at the time of application and maintained over the term of the contract4 7,f7 ,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 contract4 7,g7 ,such other factors as determined by the ,secretary4 7#c7 ,exclusions ,a payment to a producer under this subsection shall not be provided for-- 7,a7 the design1 construction1 or maintenance of animal waste storage or treatment facilities or associated waste transport or transfer devices for animal feeding operations2 or 7,b7 conservation activities for which there is no cost incurred or income forgone to the producer4 7#d7 ,delivery of payments ,in making stewardship payments1 the ,secretary shall1 to the extent practicable-- 7,a7 prorate conservation performance over the term of the contract so as to accommodate1 to the extent practicable1 producers earning equal annual stewardship payments in each fiscal year2 and 7,b7 make stewardship payments as soon as practicable after ,october #a of each fiscal year for activities carried out in the previous fiscal year4 7e7 ,supplemental payments for resource-,conserving crop rotations 7#a7 ,availability of payments ,the ,secretary shall provide additional payments to producers that1 in participating in the program1 agree to adopt resource-conserving crop rotations to achieve beneficial crop rotations as appropriate for the eligible land of the producers4 7#b7 ,beneficial crop rotations ,the ,secretary shall determine whether a resource-conserving crop rotation is a beneficial crop rotation eligible for additional payments under paragraph 7#a71 based on whether the resource-conserving crop rotation is designed to provide natural resource conservation and production benefits4 7#c7 ,eligibility ,to be eligible to receive a payment described in paragraph 7#a71 a producer shall agree to adopt and maintain the resource-conserving crop rotations for the term of the contract4 7#d7 ,resource-conserving crop rotation ,in this subsection1 the term resource-conserving crop rotation means a crop rotation that-- 7,a7 includes at least #a resource conserving crop 7as defined by the ,secretary72 7,b7 reduces erosion2 7,c7 improves soil fertility and tilth2 7,d7 interrupts pest cycles2 and 7,e7 in applicable areas1 reduces depletion of soil moisture or otherwise reduces the need for irrigation4 7f7 ,payment limitations ,a person or legal entity may not receive1 directly or indirectly1 payments under the program that1 in the aggregate1 exceed #bjj1jjj under all contracts entered into during fiscal years #bjad through #bjah1 excluding funding arrangements with ,indian tribes1 regardless of the number of contracts entered into under the program by the person or legal entity4 7g7 ,specialty crop and organic producers ,the ,secretary shall ensure that outreach and technical assistance are available1 and program specifications are appropriate to enable specialty crop and organic producers to participate in the program4 7h7 ,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 #aiij 7#g ,u4,s4,c4 #feja et seq47 while participating in a contract under the program4 7i7 ,regulations ,the ,secretary shall promulgate regulations that-- 7#a7 prescribe such other rules as the ,secretary determines to be necessary to ensure a fair and reasonable application of the limitations established under subsection 7f72 and 7#b7 otherwise enable the ,secretary to carry out the program4 4 7b7 ,effective date ,the amendment made by this section shall take effect on ,october #a1 #bjac4 7c7 ,effect on existing contracts 7#a7 ,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 #b of subtitle ,d of title ,,xii of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chch;d et seq47 before ,october #a1 #bjac1 or any payments required to be made in connection with the contract4 7#b7 ,conservation stewardship program ,funds made available under section #abda7;a77#d7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chda7;a77#d77 7as amended by section #bfja7;a77 may be used to administer and make payments to program participants enrolled into contracts during any of fiscal years #bjji through #bjac4 ,c ,environmental ,quality ,incentives ,program #bbja4 ,purposes ,section #abdj of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;aa7 is amended-- 7#a7 in paragraph 7#c7-- 7,a7 in subparagraph 7,a71 by striking and at the end2 7,b7 by redesignating subparagraph 7,b7 as subparagraph 7,c7 and1 in such subparagraph1 by inserting and after the semicolon2 and 7,c7 by inserting after subparagraph 7,a7 the following3 7,b7 develop and improve wildlife habitat2 and 2 7#b7 in paragraph 7#d71 by striking 2 and and inserting a period2 and 7#c7 by striking paragraph 7#e74 #bbjb4 ,definitions ,section #abdj;,a of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;aa-#a7 is amended-- 7#a7 by striking paragraph 7#b7 and redesignating paragraphs 7#c7 through 7#f7 as paragraphs 7#b7 through 7#e71 respectively2 and 7#b7 in paragraph 7#b7 7as so redesignated71 by inserting established under the ,organic ,foods ,production ,act of #aiij 7#g ,u4,s4,c4 #feja et seq47 after national organic program4 #bbjc4 ,establishment and administration ,section #abdj;,b of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;aa-#b7 is amended-- 7#a7 in subsection 7a71 by striking #bjad and inserting #bjah2 7#b7 in subsection 7b71 by striking paragraph 7#b7 and inserting the following3 7#b7 ,term ,a contract under the program shall have a term that does not exceed #aj years4 2 7#c7 in subsection 7d7-- 7,a7 in paragraph 7#c71 by striking subparagraphs 7,a7 through 7,g7 and inserting the following3 7,a7 soil health2 7,b7 water quality and quantity improvement2 7,c7 nutrient management2 7,d7 pest management2 7,e7 air quality improvement2 7,f7 wildlife habitat development1 including pollinator habitat2 7,g7 invasive species management2 or 7,h7 other resource issues of regional or national significance1 as determined by the ,secretary4 2 and 7,b7 in paragraph 7#d7-- 7i7 in subparagraph 7,a7 in the matter preceding clause 7i71 by inserting 1 veteran farmer or rancher 7as defined in section #beja7;e7 of the ,food1 ,agriculture1 ,conservation1 and ,trade ,act of #aiij 7#g ,u4,s4,c4 #bbgi7;e7771 before or a beginning farmer or rancher2 and 7ii7 by striking subparagraph 7,b7 and inserting the following3 7,b7 ,advance payments 7i7 ,in general ,not more than #cj percent of the amount determined under subparagraph 7,a7 may be provided in advance for the purpose of purchasing materials or contracting4 7ii7 ,return of funds ,if funds provided in advance are not expended during the #ij-;day period beginning on the date of receipt of the funds1 the funds shall be returned within a reasonable time frame1 as determined by the ,secretary4 2 7#d7 by striking subsection 7f7 and inserting the following3 7f7 ,allocation of funding 7#a7 ,livestock ,for each of fiscal years #bjad through #bjah1 at least #fj percent of the funds made available for payments under the program shall be targeted at practices relating to livestock production4 7#b7 ,wildlife habitat ,for each of fiscal years #bjad through #bjah1 at least #e percent of the funds made available for payments under the program shall be targeted at practices benefitting wildlife habitat under subsection 7g74 2 and 7#e7 by striking subsection 7g7 and inserting the following3 7g7 ,wildlife habitat incentive practice ,the ,secretary shall provide payments under the program for conservation practices that support the restoration1 development1 and improvement of wildlife habitat on eligible land1 including-- 7#a7 upland wildlife habitat2 7#b7 wetland wildlife habitat2 7#c7 habitat for threatened and endangered species2 7#d7 fish habitat2 7#e7 habitat on pivot corners and other irregular areas of a field2 and 7#f7 other types of wildlife habitat1 as determined by the ,secretary4 4 #bbjd4 ,evaluation of applications ,section #abdj;,c7b7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;aa-#c7;b77 is amended-- 7#a7 in paragraph 7#a71 by striking environmental and inserting conservation2 and 7#b7 in paragraph 7#c71 by striking purpose of the environmental quality incentives program specified in section #abdj7a7 and inserting purposes of the program4 #bbje4 ,duties of producers ,section #abdj;,d7#b7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;aa-#d7b77 is amended by striking farm1 ranch1 or forest and inserting enrolled4 #bbjf4 ,limitation on payments ,section #abdj;,g of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;aa-#g7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking by the person or entity during any six-year period1 and inserting during fiscal years #bjad through #bjah2 and 7,b7 by striking federally recognized and all that follows through the period and inserting ,indian tribes under section #abdd7l742 and 7#b7 in subsection 7b77#b71 by striking any six-year period and inserting fiscal years #bjad through #bjah4 #bbjg4 ,conservation innovation grants and payments ,section #abdj;,h of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;aa-#h7 is amended-- 7#a7 in subsection 7b77#b71 by striking #bjab and inserting #bjah2 and 7#b7 by adding at the end the following3 7c7 ,reporting ,not later than ,december #ca1 #bjad1 and every #b years thereafter1 the ,secretary shall submit to the ,committee on ,agriculture1 ,nutrition1 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 section1 including-- 7#a7 funding awarded2 7#b7 project results2 and 7#c7 incorporation of project findings1 such as new technology and innovative approaches1 into the conservation efforts implemented by the ,secretary4 4 #bbjh4 ,effective date 7a7 ,in general ,the amendments made by this subtitle shall take effect on ,october #a1 #bjac4 7b7 ,effect on existing contracts ,the amendments made by this title shall not affect the validity or terms of any contract entered into by the ,secretary of ,agriculture under chapter #d of subtitle ,d of title ,,xii of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;aa et seq47 before ,october #a1 #bjac1 or any payments required to be made in connection with the contract4 ,d ,agricultural ,conservation ,easement ,program #bcja4 ,agricultural ,conservation ,easement ,program 7a7 ,establishment ,title ,,xii of the ,food ,security ,act of #aihe is amended by adding at the end the following3 ,h ,agricultural ,conservation ,easement ,program #abfe4 ,establishment and purposes 7a7 ,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 land4 7b7 ,purposes ,the purposes of the program are to-- 7#a7 combine the purposes and coordinate the functions of the wetlands reserve program established under section #abcg1 the grassland reserve program established under section #abch,n1 and the farmland protection program established under section #abch;,i2 7#b7 restore1 protect1 and enhance wetland on eligible land2 7#c7 protect the agricultural use1 viability1 and related conservation values of eligible land by limiting nonagricultural uses of that land2 and 7#d7 protect grazing uses and related conservation values by restoring and conserving eligible land4 #abfe;,a4 ,definitions ,in this subtitle3 7#a7 ,agricultural land easement ,the term agricultural land easement means an easement or other interest in eligible land that-- 7,a7 is conveyed for the purposes of protecting natural resources and the agricultural nature of the land1 and of promoting agricultural viability for future generations2 and 7,b7 permits the landowner the right to continue agricultural production and related uses subject to an agricultural land easement plan4 7#b7 ,eligible entity ,the term eligible entity means-- 7,a7 an agency of ,state or local government or an ,indian tribe 7including farmland protection board or land resource council established under ,state law72 or 7,b7 an organization that is-- 7i7 organized for1 and at all times since the formation of the organization has been operated principally for1 #a or more of the conservation purposes specified in clause 7i71 7ii71 7iii71 or 7iv7 of section #agj7;h77#d77;,a7 of the ,internal ,revenue ,code of #aihf2 7ii7 an organization described in section #eja7;c77#c7 of that ,code that is exempt from taxation under section #eja7;a7 of that ,code2 or 7iii7 described in-- 7,i7 paragraph 7#a7 or 7#b7 of section #eji7;a7 of that ,code2 or 7,,ii7 section #eji7;a77#c7 of that ,code and is controlled by an organization described in section #eji7;a77#b7 of that ,code4 7#c7 ,eligible land ,the term eligible land means private or tribal land that is-- 7,a7 in the case of an agricultural land easement1 agricultural land1 including land on a farm or ranch-- 7i7 that is subject to a pending offer for purchase from an eligible entity2 7ii7 that-- 7,i7 has prime1 unique1 or other productive soil2 7,,ii7 contains historical or archaeological resources2 or 7,,iii7 the protection of which will further a ,state or local policy consistent with the purposes of the program2 and 7iii7 that is-- 7,i7 cropland2 7,,ii7 rangeland2 7,,iii7 grassland or land that contains forbs1 or shrubland for which grazing is the predominant use2 7,,iv7 pastureland2 or 7,v7 nonindustrial private forest land that contributes to the economic viability of an offered parcel or serves as a buffer to protect such land from development2 7,b7 in the case of a wetland easement1 a wetland or related area1 including-- 7i7 farmed or converted wetland1 together with the adjacent land that is functionally dependent on that land if the ,secretary determines it-- 7,i7 is likely to be successfully restored in a cost effective manner2 and 7,,ii7 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 level2 7ii7 cropland or grassland that was used for agricultural production prior to flooding from the natural overflow of a closed basin lake or pothole1 as determined by the ,secretary1 together 7where practicable7 with the adjacent land that is functionally dependent on the cropland or grassland2 7iii7 farmed wetland and adjoining land that-- 7,i7 is enrolled in the conservation reserve program2 7,,ii7 has the highest wetland functions and values2 and 7,,iii7 is likely to return to production after the land leaves the conservation reserve program2 7iv7 riparian areas that link wetland that is protected by easements or some other device that achieves the same purpose as an easement2 or 7v7 other wetland of an owner that would not otherwise be eligible if the ,secretary determines that the inclusion of such wetland in such easement would significantly add to the functional value of the easement2 and 7,c7 in the case of both an agricultural land easement or wetland easement1 other land that is incidental to eligible land if the ,secretary determines that it is necessary for the efficient administration of the easements under this program4 7#d7 ,program ,the term program means the ,agricultural ,conservation ,easement ,program established by this subtitle4 7#e7 ,wetland easement ,the term wetland easement means a reserved interest in eligible land that-- 7,a7 is defined and delineated in a deed2 and 7,b7 stipulates-- 7i7 the rights1 title1 and interests in land conveyed to the ,secretary2 and 7ii7 the rights1 title1 and interests in land that are reserved to the landowner4 #abfe;,b4 ,agricultural land easements 7a7 ,availability of assistance ,the ,secretary shall facilitate and provide funding for-- 7#a7 the purchase by eligible entities of agricultural land easements and other interests in eligible land2 and 7#b7 technical assistance to provide for the conservation of natural resources pursuant to an agricultural land easement plan4 7b7 ,cost-,share assistance 7#a7 ,in general ,the ,secretary shall provide cost-share assistance to eligible entities for purchasing agricultural land easements to protect the agricultural use1 including grazing1 and related conservation values of eligible land4 7#b7 ,scope of assistance available 7,a7 ,federal share ,subject to subparagraph 7,c71 an agreement described in paragraph 7#d7 shall provide for a ,federal share determined by the ,secretary of an amount not to exceed #ej percent of the fair market value of the agricultural land easement or other interest in land1 as determined by the ,secretary using-- 7i7 the ,uniform ,standards of ,professional ,appraisal ,practices2 7ii7 an area-wide market analysis or survey2 or 7iii7 another industry approved method4 7,b7 ,non-,federal share 7i7 ,in general ,subject to subparagraph 7,c71 under the agreement1 the eligible entity shall provide a share that is at least equivalent to that provided by the ,secretary4 7ii7 ,source of contribution ,an eligible entity may include as part of its share a charitable donation or qualified conservation contribution 7as defined by section #agj7;h7 of the ,internal ,revenue ,code of #aihf7 from the private landowner if the eligible entity contributes its own cash resources in an amount that is at least #ej percent of the amount contributed by the ,secretary4 7,c7 ,waiver authority ,in the case of grassland of special environmental significance1 as determined by the ,secretary1 the ,secretary may provide up to #ge percent of the fair market value of the agricultural land easement4 7#c7 ,evaluation and ranking of applications 7,a7 ,criteria ,the ,secretary shall establish evaluation and ranking criteria to maximize the benefit of ,federal investment under the program4 7,b7 ,considerations ,in establishing the criteria1 the ,secretary shall emphasize support for-- 7i7 protecting agricultural uses and related conservation values of the land2 and 7ii7 maximizing the protection of areas devoted to agricultural use4 7,c7 ,bidding down ,if the ,secretary determines that #b or more applications for cost-share assistance are comparable in achieving the purpose of the program1 the ,secretary shall not assign a higher priority to any of those applications solely on the basis of lesser cost to the program4 7#d7 ,agreements with eligible entities 7,a7 ,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 section4 7,b7 ,length of agreements ,an agreement shall be for a term that is-- 7i7 in the case of an eligible entity certified under the process described in paragraph 7#e71 a minimum of #e years2 and 7ii7 for all other eligible entities1 at least #c1 but not more than #e years4 7,c7 ,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-- 7i7 are consistent with the purposes of the program2 7ii7 are permanent or for the maximum duration allowed under applicable ,state law2 7iii7 permit effective enforcement of the conservation purposes of such easements1 including appropriate restrictions depending on the purposes for which the easement is acquired2 7iv7 include a right of enforcement for the ,secretary if terms of the easement are not enforced by the holder of the easement2 7v7 subject the land purchased to an agricultural land easement plan that-- 7,i7 describes the activities which promote the long-term viability of the land to meet the purposes for which the easement was acquired2 7,,ii7 requires the management of grassland according to a grassland management plan2 and 7,,iii7 includes a conservation plan1 where appropriate1 and requires1 at the option of the ,secretary1 the conversion of highly erodible cropland to less intensive uses2 and 7vi7 include a limit on the impervious surfaces to be allowed that is consistent with the agricultural activities to be conducted4 7,d7 ,substitution of qualified projects ,an agreement shall allow1 upon mutual agreement of the parties1 substitution of qualified projects that are identified at the time of the proposed substitution4 7,e7 ,effect of violation ,if a violation occurs of a term or condition of an agreement under this subsection-- 7i7 the agreement may be terminated2 and 7ii7 the ,secretary may require the eligible entity to refund all or part of any payments received by the entity under the program1 with interest on the payments as determined appropriate by the ,secretary4 7#e7 ,certification of eligible entities 7,a7 ,certification process ,the ,secretary shall establish a process under which the ,secretary may-- 7i7 directly certify eligible entities that meet established criteria2 7ii7 enter into long-term agreements with certified eligible entities2 and 7iii7 accept proposals for cost-share assistance for the purchase of agricultural land easements throughout the duration of such agreements4 7,b7 ,certification criteria ,in order to be certified1 an eligible entity shall demonstrate to the ,secretary that the entity will maintain1 at a minimum1 for the duration of the agreement-- 7i7 a plan for administering easements that is consistent with the purpose of this subtitle2 7ii7 the capacity and resources to monitor and enforce agricultural land easements2 and 7iii7 policies and procedures to ensure-- 7,i7 the long-term integrity of agricultural land easements on eligible land2 7,,ii7 timely completion of acquisitions of easements2 and 7,,iii7 timely and complete evaluation and reporting to the ,secretary on the use of funds provided under the program4 7,c7 ,review and revision 7i7 ,review ,the ,secretary shall conduct a review of eligible entities certified under subparagraph 7,a7 every #c years to ensure that such entities are meeting the criteria established under subparagraph 7,b74 7ii7 ,revocation ,if the ,secretary finds that the certified entity no longer meets the criteria established under subparagraph 7,b71 the ,secretary may-- 7,i7 allow the certified entity a specified period of time1 at a minimum #ahj days1 in which to take such actions as may be necessary to meet the criteria2 and 7,,ii7 revoke the certification of the entity1 if after the specified period of time1 the certified entity does not meet such criteria4 7c7 ,technical assistance ,the ,secretary may provide technical assistance1 if requested1 to assist in-- 7#a7 compliance with the terms and conditions of easements2 and 7#b7 implementation of an agricultural land easement plan4 #abfe;,c4 ,wetland easements 7a7 ,availability of assistance ,the ,secretary shall provide assistance to owners of eligible land to restore1 protect1 and enhance wetland through-- 7#a7 easements and related wetland easement plans2 and 7#b7 technical assistance4 7b7 ,easements 7#a7 ,method of enrollment ,the ,secretary shall enroll eligible land through the use of-- 7,a7 #cj-year easements2 7,b7 permanent easements2 7,c7 easements for the maximum duration allowed under applicable ,state laws2 or 7,d7 as an option for ,indian tribes only1 #cj-year contracts4 7#b7 ,limitations 7,a7 ,ineligible land ,the ,secretary may not acquire easements on-- 7i7 land established to trees under the conservation reserve program1 except in cases where the ,secretary determines it would further the purposes of the program2 and 7ii7 farmed wetland or converted wetland where the conversion was not commenced prior to ,december #bc1 #aihe4 7,b7 ,changes in ownership ,no easement shall be created on land that has changed ownership during the preceding #bd-month period unless-- 7i7 the new ownership was acquired by will or succession as a result of the death of the previous owner2 7ii7 7,i7 the ownership change occurred because of foreclosure on the land2 and 7,,ii7 immediately before the foreclosure1 the owner of the land exercises a right of redemption from the mortgage holder in accordance with ,state law2 or 7iii7 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 program4 7#c7 ,evaluation and ranking of offers 7,a7 ,criteria ,the ,secretary shall establish evaluation and ranking criteria to maximize the benefit of ,federal investment under the program4 7,b7 ,considerations ,when evaluating offers from landowners1 the ,secretary may consider-- 7i7 the conservation benefits of obtaining an easement or #cj-year contract1 including the potential environmental benefits if the land was removed from agricultural production2 7ii7 the cost-effectiveness of each easement or #cj-year contract1 so as to maximize the environmental benefits per dollar expended2 7iii7 whether the landowner or another person is offering to contribute financially to the cost of the easement or #cj-year contract to leverage ,federal funds2 and 7iv7 such other factors as the ,secretary determines are necessary to carry out the purposes of the program4 7,c7 ,priority ,the ,secretary shall place priority on acquiring easements based on the value of the easement for protecting and enhancing habitat for migratory birds and other wildlife4 7#d7 ,agreement ,to be eligible to place eligible land into the program through a wetland easement1 the owner of such land shall enter into an agreement with the ,secretary to-- 7,a7 grant an easement on such land to the ,secretary2 7,b7 authorize the implementation of a wetland easement plan2 7,c7 create and record an appropriate deed restriction in accordance with applicable ,state law to reflect the easement agreed to2 7,d7 provide a written statement of consent to such easement signed by those holding a security interest in the land2 7,e7 comply with the terms and conditions of the easement and any related agreements2 and 7,f7 permanently retire any existing cropland base and allotment history for the land on which the easement has been obtained4 7#e7 ,terms and conditions of easement 7,a7 ,in general ,a wetland easement shall include terms and conditions that-- 7i7 permit-- 7,i7 repairs1 improvements1 and inspections on the land that are necessary to maintain existing public drainage systems2 and 7,,ii7 owners to control public access on the easement areas while identifying access routes to be used for restoration activities and management and easement monitoring2 7ii7 prohibit-- 7,i7 the alteration of wildlife habitat and other natural features of such land1 unless specifically authorized by the ,secretary2 7,,ii7 the spraying of such land with chemicals or the mowing of such land1 except where such spraying or mowing is authorized by the ,secretary or is necessary-- 7aa7 to comply with ,federal or ,state noxious weed control laws2 7bb7 to comply with a ,federal or ,state emergency pest treatment program2 or 7cc7 to meet habitat needs of specific wildlife species2 7,,iii7 any activities to be carried out on the owner's or successor's land that is immediately adjacent to1 and functionally related to1 the land that is subject to the easement if such activities will alter1 degrade1 or otherwise diminish the functional value of the eligible land2 and 7,,iv7 the adoption of any other practice that would tend to defeat the purposes of the program1 as determined by the ,secretary2 7iii7 provide for the efficient and effective establishment of wetland functions and values2 and 7iv7 include such additional provisions as the ,secretary determines are desirable to carry out the program or facilitate the practical administration thereof4 7,b7 ,violation ,on the violation of the terms or conditions of the easement1 the easement shall remain in force and the ,secretary may require the owner to refund all or part of any payments received by the owner under the program1 together with interest thereon as determined appropriate by the ,secretary4 7,c7 ,compatible uses ,land subject to a wetland easement may be used for compatible economic uses1 including such activities as hunting and fishing1 managed timber harvest1 or periodic haying or grazing1 if such use is specifically permitted by the wetland easement plan and is consistent with the long-term protection and enhancement of the wetland resources for which the easement was established4 7,d7 ,reservation of grazing rights ,the ,secretary may include in the terms and conditions of an easement a provision under which the owner reserves grazing rights if-- 7i7 the ,secretary determines that the reservation and use of the grazing rights-- 7,i7 is compatible with the land subject to the easement2 7,,ii7 is consistent with the historical natural uses of the land and long-term protection and enhancement goals for which the easement was established2 and 7,,iii7 complies with the wetland easement plan2 and 7ii7 the agreement provides for a commensurate reduction in the easement payment to account for the grazing value1 as determined by the ,secretary4 7,e7 ,application ,the relevant provisions of this paragraph shall also apply to a #cj-year contract4 7#f7 ,compensation 7,a7 ,determination 7i7 ,in general ,the ,secretary shall pay as compensation for a permanent easement acquired an amount necessary to encourage enrollment in the program based on the lowest of-- 7,i7 the fair market value of the land1 as determined by the ,secretary1 using the ,uniform ,standards of ,professional ,appraisal ,practices or an area-wide market analysis or survey2 7,,ii7 the amount corresponding to a geographical cap1 as determined by the ,secretary in regulations2 or 7,,iii7 the offer made by the landowner4 7ii7 ,other ,compensation for a #cj-year contract or #cj-year easement shall be not less than #ej percent1 but not more than #ge percent1 of the compensation that would be paid for a permanent easement4 7,b7 ,form of payment ,compensation shall be provided by the ,secretary in the form of a cash payment1 in an amount determined under subparagraph 7,a74 7,c7 ,payment schedule 7i7 ,easements valued at less than #ejj1jjj ,for easements valued at #ejj1jjj or less1 the ,secretary may provide easement payments in not more than #aj annual payments4 7ii7 ,easements valued at more than #ejj1jjj ,for easements valued at more than #ejj1jjj1 the ,secretary may provide easement payments in at least #e1 but not more than #aj annual payments1 except that1 if the ,secretary determines it would further the purposes of the program1 the ,secretary may make a lump sum payment for such an easement4 7c7 ,easement restoration 7#a7 ,in general ,the ,secretary shall provide financial assistance to carry out the establishment of conservation measures and practices and protect wetland functions and values1 including necessary maintenance activities1 as set forth in a wetland easement plan4 7#b7 ,payments ,the ,secretary shall-- 7,a7 in the case of a permanent easement1 pay an amount that is not less than #ge percent1 but not more than #ajj percent1 of the eligible costs2 and 7,b7 in the case of a #cj-year contract or #cj-year easement1 pay an amount that is not less than #ej percent1 but not more than #ge percent1 of the eligible costs4 7d7 ,technical assistance 7#a7 ,in general ,the ,secretary shall assist owners in complying with the terms and conditions of easements and #cj-year contracts4 7#b7 ,contracts or agreements ,the ,secretary may enter into #a or more contracts with private entities or agreements with a ,state1 non-governmental organization1 or ,indian tribe to carry out necessary restoration1 enhancement or maintenance of an easement if the ,secretary determines that the contract or agreement will advance the purposes of the program4 7e7 ,wetland enhancement option ,the ,secretary may enter into #a or more agreements with a ,state 7including a political subdivision or agency of a ,state71 nongovernmental organization1 or ,indian tribe to carry out a special wetland enhancement option that the ,secretary determines would advance the purposes of the program4 7f7 ,administration 7#a7 ,wetland easement plan ,the ,secretary shall develop a wetland easement plan for eligible land subject to a wetland easement1 which will include the practices and activities necessary to restore1 protect1 enhance1 and maintain the enrolled land4 7#b7 ,delegation of easement administration 7,a7 ,in general ,the ,secretary may delegate any of the easement management1 monitoring1 and enforcement responsibilities of the ,secretary to other ,federal or ,state agencies that have the appropriate authority1 expertise and resources necessary to carry out such delegated responsibilities or to other conservation organizations if the ,secretary determines the organization has similar expertise and resources4 7,b7 ,limitation ,the ,secretary shall not delegate any of the monitoring or enforcement responsibilities under the program to conservation organizations4 7#c7 ,payments 7,a7 ,timing of payments ,the ,secretary shall provide payment for obligations incurred by the ,secretary under this section-- 7i7 with respect to any easement restoration obligation as soon as possible after the obligation is incurred2 and 7ii7 with respect to any annual easement payment obligation incurred by the ,secretary as soon as possible after ,october #a of each calendar year4 7,b7 ,payments to others ,if an owner who is entitled to a payment dies1 becomes incompetent1 is otherwise unable to receive such payment1 or is succeeded by another person or entity who renders or completes the required performance1 the ,secretary shall make such payment1 in accordance with regulations prescribed by the ,secretary and without regard to any other provision of law1 in such manner as the ,secretary determines is fair and reasonable in light of all of the circumstances4 #abfe;,d4 ,administration 7a7 ,ineligible land ,the ,secretary may not acquire an easement under the program on-- 7#a7 land owned by an agency of the ,united ,states1 other than land held in trust for ,indian tribes2 7#b7 land owned in fee title by a ,state1 including an agency or a subdivision of a ,state1 or a unit of local government2 7#c7 land subject to an easement or deed restriction which1 as determined by the ,secretary1 provides similar protection as would be provided by enrollment in the program2 and 7#d7 land where the purposes of the program would be undermined due to on-site or off-site conditions1 such as risk of hazardous substances1 proposed or existing rights of way1 infrastructure development1 or adjacent land uses4 7b7 ,priority ,in evaluating applications under the program1 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 #a year and-- 7#a7 in the case of an agricultural land easement1 is grassland that would benefit from protection under a long-term easement2 and 7#b7 in the case of a wetland easement1 is a wetland or related area with the highest functions and values and is likely to return to production after the land leaves the conservation reserve program4 7c7 ,subordination1 exchange1 modification1 and termination 7#a7 ,in general ,the ,secretary may subordinate1 exchange1 terminate1 or modify any interest in land1 or portion of such interest1 administered by the ,secretary1 either directly or on behalf of the ,commodity ,credit ,corporation under the program when the ,secretary determines that-- 7,a7 it is in the ,federal ,government's interest to subordinate1 exchange1 modify or terminate the interest in land2 7,b7 the subordination1 exchange1 modification1 or termination action-- 7i7 will address a compelling public need for which there is no practicable alternative1 or 7ii7 such action will further the practical administration of the program2 and 7,c7 the subordination1 exchange1 modification1 or termination action will result in comparable conservation value and equivalent or greater economic value to the ,united ,states4 7#b7 ,consultation ,the ,secretary shall work with the current owner1 and eligible entity if applicable1 to address any subordination1 exchange1 termination1 or modification of the interest1 or portion of such interest in land4 7#c7 ,notice ,at least #ij days before taking any termination action described in paragraph 7#a71 the ,secretary shall provide written notice of such action to the ,committee on ,agriculture of the ,house of ,representatives and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate4 7d7 ,land enrolled in other programs 7#a7 ,conservation reserve program ,the ,secretary may terminate or modify an existing contract entered into under section #abca7;a7 if eligible land that is subject to such contract is transferred into the program4 7#b7 ,other ,land enrolled in the wetlands reserve program1 grassland reserve program1 or farmland protection program shall be considered enrolled in this program4 7e7 ,allocation of funds for agricultural land easements ,of the funds made available under section #abda to carry out the program for a fiscal year1 the ,secretary shall1 to the extent practicable1 use no less than #dj percent for agricultural land easements4 4 7b7 ,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 #aihe1 the eligible entity or person shall agree1 during the crop year for which the assistance is provided and in exchange for the assistance-- 7#a7 to comply with applicable conservation requirements under subtitle ,b of title ,,xii of that ,act 7#af ,u4,s4,c4 #chaa et seq472 and 7#b7 to comply with applicable wetland protection requirements under subtitle ,c of title ,,xii of that ,act 7#af ,u4,s4,c4 #chba et seq474 7c7 ,cross-,reference ,section #abdd of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chdd7 is amended-- 7#a7 in subsection 7c7-- 7,a7 in paragraph 7#a7-- 7i7 by inserting and at the end of subparagraph 7,a72 7ii7 by striking and at the end of subparagraph 7,b72 and 7iii7 by striking subparagraph 7,c72 7,b7 by redesignating paragraph 7#b7 as paragraph 7#c72 and 7,c7 by inserting after paragraph 7#a7 the following3 7#b7 the ,agricultural ,conservation ,easement ,program established under subtitle ,h2 and 2 and 7#b7 in subsection 7f7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,a71 by striking programs administered under subchapters ,b and ,c of chapter #a of subtitle ,d and inserting conservation reserve program established under subchapter ,b of chapter #a of subtitle ,d and the ,agricultural ,conservation ,easement ,program under subtitle ,h using wetland easements under section #abfe;,c2 and 7ii7 in subparagraph 7,b71 by striking subchapter ,c of chapter #a of subtitle ,d and inserting the ,agricultural ,conservation ,easement ,program under subtitle ,h using wetland easements under section #abfe;,c2 and 7,b7 in paragraph 7#d71 by striking subchapter ,c and inserting subchapter ,b4 7d7 ,effective date ,the amendments made by this section shall take effect on ,october #a1 #bjac4 ,e ,regional ,conservation ,partnership ,program #bdja4 ,regional ,conservation ,partnership ,program 7a7 ,in general ,title ,,xii of the ,food ,security ,act of #aihe is amended by inserting after subtitle ,h 7as added by section #bcja7 the following3 ,i ,regional ,conservation ,partnership ,program #abga4 ,establishment and purposes 7a7 ,establishment ,the ,secretary shall establish a ,regional ,conservation ,partnership ,program to implement eligible activities through-- 7#a7 partnership agreements with eligible partners2 and 7#b7 contracts with producers4 7b7 ,purposes ,the purposes of the program are-- 7#a7 to combine the purposes and coordinate the functions of-- 7,a7 the agricultural water enhancement program established under section #abdj;,i2 7,b7 the ,chesapeake ,bay watershed program established under section #abdj,q2 7,c7 the cooperative conservation partnership initiative established under section #abdc2 and 7,d7 the ,great ,lakes basin program for soil erosion and sediment control established under section #abdj,p2 7#b7 to further the conservation1 restoration1 and sustainable use of soil1 water1 wildlife1 and related natural resources on a regional or watershed scale2 and 7#c7 to encourage partners to cooperate with producers in-- 7,a7 meeting or avoiding the need for national1 ,state1 and local natural resource regulatory requirements related to production2 and 7,b7 implementing projects that will result in the installation and maintenance of eligible activities that affect multiple agricultural or nonindustrial private forest operations on a local1 regional1 ,state1 or multi-,state basis4 #abga;,a4 ,definitions ,in this subtitle3 7#a7 ,covered programs ,the term covered programs means-- 7,a7 the agricultural conservation easement program2 7,b7 the environmental quality incentives program2 and 7,c7 the conservation stewardship program4 7#b7 ,eligible activity ,the term eligible activity means any of the following conservation activities when delivered through a covered program3 7,a7 ,water quality restoration or enhancement projects1 including nutrient management and sediment reduction4 7,b7 ,water quantity conservation1 restoration1 or enhancement projects relating to surface water and groundwater resources1 including-- 7i7 the conversion of irrigated cropland to the production of less water-intensive agricultural commodities or dryland farming2 and 7ii7 irrigation system improvement and irrigation efficiency enhancement4 7,c7 ,drought mitigation4 7,d7 ,flood prevention4 7,e7 ,water retention4 7,f7 ,habitat conservation1 restoration1 and enhancement4 7,g7 ,erosion control4 7,h7 ,other related activities that the ,secretary determines will help achieve conservation benefits4 7#c7 ,eligible partner ,the term eligible partner means any of the following3 7,a7 ,an agricultural or silvicultural producer association or other group of producers4 7,b7 ,a ,state or unit of local government4 7,c7 ,an ,indian tribe4 7,d7 ,a farmer cooperative4 7,e7 ,an institution of higher education4 7,f7 ,an organization with an established history of working cooperatively with producers on agricultural land1 as determined by the ,secretary1 to address-- 7i7 local conservation priorities related to agricultural production1 wildlife habitat development1 and nonindustrial private forest land management2 or 7ii7 critical watershed-scale soil erosion1 water quality1 sediment reduction1 or other natural resource concerns4 7#d7 ,partnership agreement ,the term partnership agreement means an agreement between the ,secretary and an eligible partner4 7#e7 ,program ,the term program means the ,regional ,conservation ,partnership ,program established by this subtitle4 #abga;,b4 ,regional conservation partnerships 7a7 ,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 activity4 7b7 ,length ,a partnership agreement shall be for a period not to exceed #e years1 except that the ,secretary may extend the agreement #a time for up to #ab months when an extension is necessary to meet the objectives of the program4 7c7 ,duties of partners 7#a7 ,in general ,under a partnership agreement1 the eligible partner shall-- 7,a7 define the scope of a project1 including-- 7i7 the eligible activities to be implemented2 7ii7 the potential agricultural or nonindustrial private forest operations affected2 7iii7 the local1 ,state1 multi-,state or other geographic area covered2 and 7iv7 the planning1 outreach1 implementation and assessment to be conducted2 7,b7 conduct outreach and education to producers for potential participation in the project2 7,c7 at the request of a producer1 act on behalf of a producer participating in the project in applying for assistance under section #abga;,c2 7,d7 leverage financial or technical assistance provided by the ,secretary with additional funds to help achieve the project objectives2 7,e7 conduct an assessment of the project's effects2 and 7,f7 at the conclusion of the project1 report to the ,secretary on its results and funds leveraged4 7#b7 ,contribution ,a partner shall provide a significant portion of the overall costs of the scope of the project as determined by the ,secretary4 7d7 ,applications 7#a7 ,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 group4 7#b7 ,criteria used ,in carrying out the process described in paragraph 7#a71 the ,secretary shall make public the criteria used in evaluating applications4 7#c7 ,content ,an application to the ,secretary shall include a description of-- 7,a7 the scope of the project as described in subsection 7c77#a77;,a72 7,b7 the plan for monitoring1 evaluating1 and reporting on progress made towards achieving the project's objectives2 7,c7 the program resources requested for the project1 including the covered programs to be used and estimated funding needed from the ,secretary2 7,d7 the partners collaborating to achieve project objectives1 including their roles1 responsibilities1 capabilities1 and financial contribution2 and 7,e7 any other elements the ,secretary considers necessary to adequately evaluate and competitively select applications for funding under the program4 7#d7 ,application selection 7,a7 ,priority to certain applications ,the ,secretary shall give a higher priority to applications that-- 7i7 assist producers in meeting or avoiding the need for a natural resource regulatory requirement2 7ii7 significantly leverage non-,federal financial and technical resources and coordinate with other local1 ,state1 regional1 or national efforts2 7iii7 deliver high percentages of applied conservation to address conservation priorities or local1 ,state1 regional1 or national conservation initiatives2 or 7iv7 provide innovation in conservation methods and delivery1 including outcome-based performance measures and methods4 7,b7 ,other applications ,the ,secretary may give priority to applications that-- 7i7 have a high percentage of producers in the area to be covered by the agreement2 or 7ii7 meet other factors that are important for achieving the purposes of the program1 as determined by the ,secretary4 #abga;,c4 ,assistance to producers 7a7 ,in general ,the ,secretary shall enter into contracts to provide financial and technical assistance to-- 7#a7 producers participating in a project with an eligible partner as described in section #abga;,b2 or 7#b7 producers that fit within the scope of a project described in section #abga;,b or a critical conservation area designated pursuant to section #abga;,f1 but who are seeking to implement an eligible activity independent of a partner4 7b7 ,terms and conditions 7#a7 ,consistency with program rules 7,a7 ,in general ,except as provided in subparagraph 7,b71 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 project1 as described in the application under section #abga;,b7d77#c77;,c74 7,b7 ,adjustments ,except for statutory program requirements governing appeals1 payment limitations1 and conservation compliance1 the ,secretary may adjust the discretionary program rules of a covered program-- 7i7 to provide a simplified application and evaluation process2 and 7ii7 to better reflect unique local circumstances and purposes if the ,secretary determines such adjustments are necessary to achieve the purposes of the program4 7#b7 ,alternative funding arrangements 7,a7 ,in general ,for the purposes of providing assistance for land described in subsection 7a7 and section #abga;,f1 the ,secretary may enter into alternative funding arrangements with a multistate water resource agency or authority if-- 7i7 the ,secretary determines that the goals and objectives of the program will be met by the alternative funding arrangements2 7ii7 the agency or authority certifies that the limitations established under this section on agreements with individual producers will not be exceeded2 and 7iii7 all participating producers meet applicable payment eligibility provisions4 7,b7 ,conditions ,as a condition on receipt of funding under subparagraph 7,a71 the multistate water resource agency or authority shall agree-- 7i7 to submit an annual independent audit to the ,secretary that describes the use of funds under this paragraph2 7ii7 to provide any data necessary for the ,secretary to issue a report on the use of funds under this paragraph2 and 7iii7 not to use any funds for administration or contracting with another entity4 7,c7 ,limitation ,the ,secretary may enter into not more than #aj alternative funding arrangements under this paragraph4 7c7 ,payments 7#a7 ,in general ,in accordance with statutory requirements of the covered programs involved1 the ,secretary may make payments to a producer in an amount determined by the ,secretary to be necessary to achieve the purposes of the program4 7#b7 ,payments to certain producers ,the ,secretary may provide payments for a period of #e years-- 7,a7 to producers participating in a project that addresses water quantity concerns and in an amount sufficient to encourage conversion from irrigated to dryland farming2 and 7,b7 to producers participating in a project that addresses water quality concerns and in an amount sufficient to encourage adoption of conservation practices and systems that improve nutrient management4 7#c7 ,waiver authority ,to assist in the implementation of the program1 the ,secretary may waive the applicability of the limitation in section #ajja;,d7b77#b7 of this ,act for participating producers if the ,secretary determines that the waiver is necessary to fulfill the objectives of the program4 #abga;,d4 ,funding 7a7 ,availability of funds ,the ,secretary shall use #ajj1jjj1jjj of the funds of the ,commodity ,credit ,corporation for each of fiscal years #bjad through #bjah to carry out the program established under this subtitle4 7b7 ,duration of availability ,funds made available under subsection 7a7 shall remain available until expended4 7c7 ,additional funding and acres 7#a7 ,in general ,in addition to the funds made available under subsection 7a71 the ,secretary shall reserve #h percent of the funds and acres made available for a covered program for each of fiscal years #bjad through #bjad in order to ensure additional resources are available to carry out this program4 7#b7 ,unused funds and acres ,any funds or acres reserved under paragraph 7#a7 for a fiscal year from a covered program that are not obligated under this program by ,april #a of that fiscal year shall be returned for use under the covered program4 7d7 ,allocation of funding ,of the funds and acres made available for the program under subsections 7a7 and 7c71 the ,secretary shall allocate-- 7#a7 #be percent of the funds and acres to projects based on a ,state competitive process administered by the ,state conservationist1 with the advice of the ,state technical committee2 7#b7 #dj percent of the funds and acres to projects based on a national competitive process to be established by the ,secretary2 and 7#c7 #ce percent of the funds and acres to projects for the critical conservation areas designated in section #abga;,f4 7e7 ,limitation on administrative expenses ,none of the funds made available under the program may be used to pay for the administrative expenses of partners4 #abga;,e4 ,administration 7a7 ,disclosure ,in addition to the criteria used in evaluating applications as described in section #abga;,b7d77#b71 the ,secretary shall make publicly available information on projects selected through the competitive process described in section #abga;,b7d77#a74 7b7 ,reporting ,not later than ,december #ca1 #bjad1 and for every #b years thereafter1 the ,secretary shall submit to the ,committee on ,agriculture of the ,house of ,representatives and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate a report on the status of projects funded under the program1 including-- 7#a7 the number and types of partners and producers participating in the partnership agreements selected2 7#b7 the number of producers receiving assistance2 7#c7 total funding committed to projects1 including ,federal and non-,federal resources2 and 7#d7 a description of how the funds under section #abga;,c7b77#c7 are being administered1 including-- 7,a7 any oversight mechanisms that the ,secretary has implemented2 7,b7 the process through which the ,secretary is resolving appeals by program participants2 and 7,c7 the means by which the ,secretary is tracking adherence to any applicable provisions for payment eligibility4 #abga;,f4 ,critical conservation areas 7a7 ,in general ,when administering the funding described in section #abga;,d7d77#c71 the ,secretary shall select applications for partnership agreements and producer contracts within designated critical conservation areas4 7b7 ,critical conservation area designations 7#a7 ,in general ,the ,secretary shall designate up to #f geographical areas as critical conservation areas based on the degree to which an area-- 7,a7 includes multiple ,states with significant agricultural production2 7,b7 is covered by an existing regional1 ,state1 binational1 or multistate agreement or plan that has established objectives1 goals and work plans and is adopted by a ,federal1 ,state1 or regional authority2 7,c7 has water quality concerns1 including concerns for reducing erosion1 promoting sediment control1 and addressing nutrient management activities affecting large bodies of water of regional1 national1 or international significance2 7,d7 has water quantity concerns1 including-- 7i7 concerns for groundwater1 surface water1 aquifer1 or other water sources2 or 7ii7 a need to promote water retention and flood prevention2 or 7,e7 is subject to regulatory requirements that could reduce the economic scope of agricultural operations within the area4 7#b7 ,expiration ,critical conservation area designations under this section shall expire after #e years1 subject to redesignation1 except that the ,secretary may withdraw designation from an area if the ,secretary finds the area no longer meets the conditions described in paragraph 7#a74 7c7 ,administration 7#a7 ,in general ,except as provided in paragraph 7#b71 the ,secretary shall administer any partnership agreement or producer contract under this section in a manner that is consistent with the terms of the program4 7#b7 ,relationship to existing activity ,the ,secretary shall1 to the maximum extent practicable1 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 strategies4 4 7b7 ,effective date ,the amendment made by this section shall take effect on ,october #a1 #bjac4 ,f ,other ,conservation ,programs #beja4 ,conservation of private grazing land ,section #abdj,m7e7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;bb7e77 is amended inserting and #cj1jjj1jjj for each of fiscal years #bjad through #bjah before the period at the end4 #bejb4 ,grassroots source water protection program ,section #abdj,o7b7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;bb-#b7;b77 is amended by inserting and #ae1jjj1jjj for each of fiscal years #bjad through #bjah before the period at the end4 #bejc4 ,voluntary public access and habitat incentive program 7a7 ,funding ,section #abdj,r7f77#a7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;bb-#e7;f77#a77 is amended-- 7#a7 in the heading1 by striking ,fiscal years #bjji through #bjab and inserting ,mandatory funding2 and 7#b7 by inserting and #dj1jjj1jjj for the period of fiscal years #bjad through #bjah before the period at the end4 7b7 ,report on program effectiveness ,not later than #b years after the date of enactment of this ,act1 the ,secretary of ,agriculture shall submit to the ,committee on ,agriculture of the ,house of ,representatives and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate a report evaluating the effectiveness of the voluntary public access and habitat incentive program established by section #abdj,r of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;bb-#e71 including-- 7#a7 identifying cooperating agencies2 7#b7 identifying the number of land holdings and total acres enrolled by ,state2 7#c7 evaluating the extent of improved access on eligible land1 improved wildlife habitat1 and related economic benefits2 and 7#d7 any other relevant information and data relating to the program that would be helpful to such ,committees4 7c7 ,effective date ,the amendment made by this section shall take effect on ,october #a1 #bjac4 #bejd4 ,agriculture conservation experienced services program 7a7 ,funding ,section #abeb of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chea7 is amended by striking subsection 7c7 and inserting the following3 7c7 ,funding 7#a7 ,in general ,the ,secretary may carry out the ,,aces program using funds made available to carry out each program under this title4 7#b7 ,exclusion ,funds made available to carry out the conservation reserve program may not be used to carry out the ,,aces program4 4 7b7 ,effective date ,the amendment made by this section shall take effect on ,october #a1 #bjac4 #beje4 ,small watershed rehabilitation program ,section #ad7;h77#b77;,e7 of the ,watershed ,protection and ,flood ,prevention ,act 7#af ,u4,s4,c4 #ajab7;h77#b77;,e77 is amended by striking #bjab and inserting #bjah4 #bejf4 ,terminal lakes assistance ,section #bejg of the ,food1 ,security1 and ,rural ,investment ,act of #bjjb 7#dc ,u4,s4,c4 #bbaa note2 ,public ,law #ajg-aga7 is amended to read as follows3 #bejg4 ,terminal lakes assistance 7a7 ,definitions ,in this section3 7#a7 ,eligible land ,the term eligible land means privately owned agricultural land 7including land in which a ,state has a property interest as a result of state water law7-- 7,a7 that a landowner voluntarily agrees to sell to a ,state2 and 7,b7 which-- 7i7 7,i7 is ineligible for enrollment as a wetland easement established under the ,agricultural ,conservation ,easement ,program under subtitle ,h of the ,food ,security ,act of #aihe2 7,,ii7 is flooded to-- 7aa7 an average depth of at least #f4e feet2 or 7bb7 a level below which the ,state determines the management of the water level is beyond the control of the ,state or landowner2 or 7,,iii7 is inaccessible for agricultural use due to the flooding of adjoining property 7such as islands of agricultural land created by flooding72 7ii7 is located within a watershed with water rights available for lease or purchase2 and 7iii7 has been used during at least #e of the immediately preceding #cj years-- 7,i7 to produce crops or hay2 or 7,,ii7 as livestock pasture or grazing4 7#b7 ,program ,the term program means the voluntary land purchase program established under this section4 7#c7 ,terminal lake ,the term terminal lake means a lake and its associated riparian and watershed resources that is-- 7,a7 considered flooded because there is no natural outlet for water accumulating in the lake or the associated riparian area such that the watershed and surrounding land is consistently flooded2 or 7,b7 considered terminal because it has no natural outlet and is at risk due to a history of consistent ,federal assistance to address critical resource conditions1 including insufficient water available to meet the needs of the lake1 general uses1 and water rights4 7b7 ,assistance ,the ,secretary shall-- 7#a7 provide grants under subsection 7c7 for the purchase of eligible land impacted by a terminal lake described in subsection 7a77#c77;,a72 and 7#b7 provide funds to the ,secretary of the ,interior pursuant to subsection 7e77#b7 with assistance in accordance with subsection 7d7 for terminal lakes described in subsection 7a77#c77;,b74 7c7 ,land purchase grants 7#a7 ,in general ,using funds provided under subsection 7e77#a71 the ,secretary shall make available land purchase grants to ,states for the purchase of eligible land in accordance with this subsection4 7#b7 ,implementation 7,a7 ,amount ,a land purchase grant shall be in an amount not to exceed the lesser of-- 7i7 #ej percent of the total purchase price per acre of the eligible land2 or 7ii7 7,i7 in the case of eligible land that was used to produce crops or hay1 #djj per acre2 and 7,,ii7 in the case of eligible land that was pasture or grazing land1 #bjj per acre4 7,b7 ,determination of purchase price ,a ,state purchasing eligible land with a land purchase grant shall ensure1 to the maximum extent practicable1 that the purchase price of such land reflects the value1 if any1 of other encumbrances on the eligible land to be purchased1 including easements and mineral rights4 7,c7 ,cost-share required ,to be eligible to receive a land purchase grant1 a ,state shall provide matching non-,federal funds in an amount equal to #ej percent of the amount described in subparagraph 7,a71 including additional non-,federal funds4 7,d7 ,conditions ,to receive a land purchase grant1 a ,state shall agree-- 7i7 to ensure that any eligible land purchased is-- 7,i7 conveyed in fee simple to the ,state2 and 7,,ii7 free from mortgages or other liens at the time title is transferred2 7ii7 to maintain ownership of the eligible land in perpetuity2 7iii7 to pay 7from funds other than grant dollars awarded7 any costs associated with the purchase of eligible land under this section1 including surveys and legal fees2 and 7iv7 to keep eligible land in a conserving use1 as defined by the ,secretary4 7,e7 ,loss of federal benefits ,eligible land purchased with a grant under this section shall lose eligibility for any benefits under other ,federal programs1 including-- 7i7 benefits under title ,,xii of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chja et seq472 7ii7 benefits under the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aeja et seq472 and 7iii7 covered benefits described in section #ajja;,d7b7 of the ,food ,security ,act of #aihe 7#g ,u4,s4,c4 #acjh-c;a74 7,f7 ,prohibition ,any ,federal rights or benefits associated with eligible land prior to purchase by a ,state may not be transferred to any other land or person in anticipation of or as a result of such purchase4 7d7 ,water assistance 7#a7 ,in general ,the ,secretary of the ,interior1 acting through the ,commissioner of ,reclamation1 may use the funds described in subsection 7e77#b7 to administer and provide financial assistance to carry out this subsection to provide water and assistance to a terminal lake described in subsection 7a77#c77;,b7 through willing sellers or willing participants only-- 7,a7 to lease water2 7,b7 to purchase land1 water appurtenant to the land1 and related interests2 and 7,c7 to carry out research1 support and conservation activities for associated fish1 wildlife1 plant1 and habitat resources40 7#b7 ,exclusions ,the ,secretary of the ,interior may not use this subsection to deliver assistance to the ,great ,salt ,lake in ,utah1 lakes that are considered dry lakes1 or other lakes that do not meet the purposes of this section1 as determined by the ,secretary of the ,interior4 7#c7 ,transitional provision 7,a7 ,in general ,notwithstanding any other provision of this section1 any funds made available before the date of enactment of the ,agriculture ,reform1 ,food1 and ,jobs ,act of #bjac under a provision of law described in subparagraph 7,b7 shall remain available using the provisions of law 7including regulations7 in effect on the day before the date of enactment of that ,act4 7,b7 ,described laws ,the provisions of law described in this section are-- 7i7 section #bejg of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#dc ,u4,s4,c4 #bbaa note2 ,public ,law #ajg-aga7 7as in effect on the day before the date of enactment of the ,agriculture ,reform1 ,food1 and ,jobs ,act of #bjac72 7ii7 section #bjg of the ,energy and ,water ,development ,appropriations ,act1 #bjjc 7,public ,law #ajh-g2 #aag ,stat4 #adf72 7iii7 section #bjh of the ,energy and ,water ,development ,appropriations ,act1 #bjjf 7,public ,law #aji-ajc2 #aai ,stat4 #bbfh1 #abc ,stat4 #bhef72 and 7iv7 section #bjh of the ,energy and ,water ,development and ,related ,agencies ,appropriations ,act1 #bjaj 7,public ,law #aaa-he2 #abc ,stat4 #bheh1 #abc ,stat4 #bifg1 #abe ,stat4 #hfg74 7e7 ,funding 7#a7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out subsection 7c7 #be1jjj1jjj1 to remain available until expended4 7#b7 ,commodity credit corporation ,as soon as practicable after the date of enactment of the ,agriculture ,reform1 ,food1 and ,jobs ,act of #bjac1 the ,secretary shall transfer to the ,bureau of ,reclamation ,water and ,related ,resources ,account #aej1jjj1jjj from the funds of the ,commodity ,credit ,corporation to carry out subsection 7d71 to remain available until expended4 4 ,g ,funding and administration #bfja4 ,funding 7a7 ,in general ,section #abda of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chda7 is amended by striking subsection 7a7 and inserting the following3 7a7 ,annual funding ,for each of fiscal years #bjad through #bjah1 the ,secretary shall use the funds1 facilities1 and authorities of the ,commodity ,credit ,corporation to carry out the following programs under this title 7including the provision of technical assistance73 7#a7 ,the conservation reserve program under subchapter ,b of chapter #a of subtitle ,d1 including1 to the maximum extent practicable-- 7,a7 #aj1jjj1jjj for the period of fiscal years #bjad through #bjah to provide payments under paragraph 7#c7 of section #abcd7;b7 in connection with thinning activities conducted on land described in subparagraph 7,b77iii7 of that paragraph2 and 7,b7 #ej1jjj1jjj for the period of fiscal years #bjad through #bjah to carry out section #abce7;f7 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 ranchers4 7#b7 ,the ,agricultural ,conservation ,easement ,program under subtitle ,h using to the maximum extent practicable-- 7,a7 #bbc1jjj1jjj for fiscal year #bjad2 7,b7 #gjb1jjj1jjj for fiscal year #bjae2 7,c7 #ejj1jjj1jjj for fiscal year #bjaf2 7,d7 #ebe1jjj1jjj for fiscal year #bjag2 and 7,e7 #bej1jjj1jjj for fiscal year #bjah4 7#c7 ,the conservation security program under subchapter ,a of chapter #b of subtitle ,d1 using such sums as are necessary to administer contracts entered into before ,september #cj1 #bjjh4 7#d7 ,the conservation stewardship program under subchapter ,b of chapter #b of subtitle ,d4 7#e7 ,the environmental quality incentives program under chapter #d of subtitle ,d1 using1 to the maximum extent practicable-- 7,a7 #a1dee1jjj1jjj for fiscal year #bjad2 7,b7 #a1fde1jjj1jjj for fiscal year #bjae2 and 7,c7 #a1fej1jjj1jjj for each of fiscal years #bjaf through #bjah4 4 7b7 ,guaranteed availability of funds ,section #abda of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chda7 is amended-- 7#a7 by redesignating subsections 7b7 through 7h7 as subsections 7c7 through 7i71 respectively2 and 7#b7 by inserting after subsection 7a7 the following3 7b7 ,availability of funds ,amounts made available by subsection 7a7 shall be used by the ,secretary to carry out the programs specified in such subsection for fiscal years #bjad through #bjah and shall remain available until expended4 ,amounts made available for the programs specified in such subsection during a fiscal year through modifications1 cancellations1 terminations1 and other related administrative actions and not obligated in that fiscal year shall remain available for obligation during subsequent fiscal years1 but shall reduce the amount of additional funds made available in the subsequent fiscal year by an amount equal to the amount remaining unobligated4 4 7c7 ,effective date ,the amendments made by this section shall take effect on ,october #a1 #bjac4 #bfjb4 ,technical assistance ,section #abda of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chda7 is amended by striking subsection 7c7 7as redesignated by section #bfja7;b77#a77 and inserting the following3 7c7 ,technical assistance 7#a7 ,availability of funds ,commodity ,credit ,corporation funds made available for a fiscal year for each of the programs specified in subsection 7a7-- 7,a7 shall be available for the provision of technical assistance for the programs for which funds are made available as necessary to implement the programs effectively2 and 7,b7 shall not be available for the provision of technical assistance for conservation programs specified in subsection 7a7 other than the program for which the funds were made available4 7#b7 ,report ,not later than ,december #ca1 #bjac1 the ,secretary shall submit 7and update as necessary in subsequent years7 to the ,committee on ,agriculture of the ,house of ,representatives and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate a report-- 7,a7 detailing the amount of technical assistance funds requested and apportioned in each program specified in subsection 7a7 during the preceding fiscal year2 and 7,b7 any other data relating to this provision that would be helpful to such ,committees4 4 #bfjc4 ,regional equity ,section #abda of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chda7 is amended by striking subsection 7e7 7as redesignated by section #bfja7;b77#a77 and inserting the following3 7e7 ,regional equity 7#a7 ,equitable distribution ,when determining funding allocations each fiscal year1 the ,secretary shall1 after considering available funding and program demand in each ,state1 provide a distribution of funds for conservation programs under subtitle ,d 7excluding the conservation reserve program under subchapter ,b of chapter #a71 subtitle ,h 7excluding wetland easements under section #abfe;,c71 and subtitle ,i to ensure equitable program participation proportional to historical funding allocations and usage by all ,states4 7#b7 ,minimum percentage ,in determining the specific funding allocations under paragraph 7#a71 the ,secretary shall-- 7,a7 ensure that during the first quarter of each fiscal year each ,state has the opportunity to establish that the ,state can use an aggregate allocation amount of at least #j4f percent of the funds made available for those conservation programs2 and 7,b7 for each ,state that can so establish1 provide an aggregate amount of at least #j4f percent of the funds made available for those conservation programs4 4 #bfjd4 ,reservation of funds to provide assistance to certain farmers or ranchers for conservation access ,subsection 7h7 of section #abda of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chda7 7as redesignated by section #bfja7;b77#a77 is amended-- 7#a7 in paragraph 7#a7 by striking #bjab and inserting #bjah2 and 7#b7 by adding at the end the following3 7#d7 ,preference ,in providing assistance under paragraph 7#a71 the ,secretary shall give preference to a veteran farmer or rancher 7as defined in section #beja7;e7 of the ,food1 ,agriculture1 ,conservation1 and ,trade ,act of #aiij 7#g ,u4,s4,c4 #bbgi7;e777 that qualifies under subparagraph 7,a7 or 7,b7 of paragraph 7#a74 4 #bfje4 ,annual report on program enrollments and assistance ,subsection 7i7 of section #abda of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chda7 7as redesignated by section #bfja7;b77#a77 is amended-- 7#a7 in paragraph 7#a71 by striking wetlands reserve program and inserting agricultural conservation easement program2 7#b7 by striking paragraphs 7#b7 and 7#c7 and redesignating paragraphs 7#d71 7#e71 and 7#f7 as paragraphs 7#b71 7#c71 and 7#d71 respectively2 7#c7 in paragraph 7#c7 7as so redesignated7-- 7,a7 by striking agricultural water enhancement program and inserting regional conservation partnership program2 and 7,b7 by striking section #abdj;,i7g7 and inserting section #abga;,c7c77#c72 and 7#d7 by adding at the end the following3 7#e7 ,payments made under the conservation stewardship program4 7#f7 ,waivers granted by the ,secretary under section #abfe;,b7b77#b77;,c74 4 #bfjf4 ,administrative requirements for conservation programs ,section #abdd of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chdd7 is amended-- 7#a7 in subsection 7a77#b71 by adding at the end the following3 7,e7 ,veteran farmers or ranchers 7as defined in section #beja7;e7 of the ,food1 ,agriculture1 ,conservation1 and ,trade ,act of #aiij 7#g ,u4,s4,c4 #bbgi7;e7774 2 7#b7 in subsection 7d71 by inserting 1 ,h1 and ,i before the period at the end2 7#c7 in subsection 7f7-- 7,a7 in paragraph 7#a77;,b71 by striking country and inserting county2 and 7,b7 in paragraph 7#c71 by striking subsection 7c77#b77;,b7 or 7f77#d7 and inserting subsection 7c77#b77;,a77ii7 or 7f77#b72 7#d7 by striking subsection 7i7 and inserting the following3 7i7 ,conservation application process 7#a7 ,initial application 7,a7 ,in general ,not later than #a year after the date of enactment of this subsection1 the ,secretary shall establish a single1 simplified application for eligible entities to use in initially requesting assistance under any conservation program administered by the ,secretary 7referred to in this subsection as the initial application74 7,b7 ,requirements ,to the maximum extent practicable1 the ,secretary shall ensure that-- 7i7 a conservation program applicant is not required to provide information that is duplicative of information or resources already available to the ,secretary for that applicant and the specific operation of the applicant2 and 7ii7 the initial application process is streamlined to minimize complexity and redundancy4 7#b7 ,review of application process 7,a7 ,in general ,not later than #a year after the date of enactment of this subsection1 the ,secretary shall review the application process for each conservation program administered by the ,secretary1 including the forms and processes used to receive assistance requests from eligible program participants4 7,b7 ,requirements ,in carrying out the review1 the ,secretary shall determine what information the participant is required to submit during the application process1 including-- 7i7 identification information for the applicant2 7ii7 identification and location information for the land parcel or tract of concern2 7iii7 a general statement of the need or resource concern of the applicant for the land parcel or tract2 and 7iv7 the minimum amount of other information the ,secretary considers to be essential for the applicant to provide personally4 7#c7 ,revision and streamline 7,a7 ,in general ,not later than #a year after the date of enactment of this subsection1 the ,secretary shall carry out a revision of the application forms and processes for each conservation program administered by the ,secretary to enable use of information technology to incorporate appropriate data and information concerning the conservation needs and solutions appropriate for the land area identified by the applicant4 7,b7 ,goal ,the goal of the revision shall be to streamline the application process to minimize the burden placed on applicants4 7#d7 ,conservation program application 7,a7 ,in general ,once the needs of an applicant have been adequately assessed by the ,secretary1 or a third party provider under section #abdb1 based on the initial application1 in order to determine the #a or more programs under this title that best match the needs of the applicant1 with the approval of the applicant1 the ,secretary may convert the initial application into the specific application for assistance for the relevant conservation program4 7,b7 ,secretarial burden ,to the maximum extent practicable1 the ,secretary shall-- 7i7 complete the specific application for conservation program assistance for each applicant2 and 7ii7 request only that specific further information from the applicant that is not already available to the ,secretary4 7#e7 ,implementation and notification ,not later than #a year after the date of enactment of this subsection1 the ,secretary shall submit to the ,committee on ,agriculture of the ,house of ,representatives and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate written notification that the ,secretary has fulfilled the requirements of this subsection4 2 and 7#e7 by adding at the end the following3 7j7 ,improved administrative efficiency and effectiveness ,in administrating a conservation program under this title1 the ,secretary shall1 to the maximum extent practicable-- 7#a7 seek to reduce administrative burdens and costs to producers by streamlining conservation planning and program resources2 and 7#b7 take advantage of new technologies to enhance efficiency and effectiveness4 7k7 ,relation to other payments ,any payment received by an owner or operator under this title1 including an easement payment or rental payment1 shall be in addition to1 and not affect1 the total amount of payments that the owner or operator is otherwise eligible to receive under any of the following3 7#a7 ,this ,act4 7#b7 ,the ,agricultural ,act of #aidi 7#g ,u4,s4,c4 #adba et seq474 7#c7 ,the ,agriculture ,reform1 ,food1 and ,jobs ,act of #bjac4 7#d7 ,any law that succeeds a law specified in paragraph 7#a71 7#b71 or 7#c74 7l7 ,funding for ,indian tribes ,in carrying out the conservation stewardship program under subchapter ,b of chapter #b of subtitle ,d and the environmental quality incentives program under chapter #d of subtitle ,d1 the ,secretary may enter into alternative funding arrangements with ,indian tribes if the ,secretary determines that the goals and objectives of the programs will be met by such arrangements1 and that statutory limitations regarding contracts with individual producers will not be exceeded by any ,tribal member4 4 #bfjg4 ,rulemaking authority ,subtitle ,e of title ,,xii of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chda et seq47 is amended by adding at the end the following3 #abdf4 ,regulations 7a7 ,in general ,the ,secretary shall promulgate such regulations as are necessary to implement programs under this title1 including such regulations as the ,secretary determines to be necessary to ensure a fair and reasonable application of the limitations established under section #abdd7;f74 7b7 ,rulemaking procedure ,the promulgation of regulations and administration of programs under this title-- 7#a7 shall be carried out without regard to-- 7,a7 the ,statement of ,policy of the ,secretary effective ,july #bd1 #aiga 7#cf ,fed4 ,reg4 #achjd71 relating to notices of proposed rulemaking and public participation in rulemaking2 and 7,b7 chapter #ce of title #dd1 ,united ,states ,code 7commonly known as the ,paperwork ,reduction ,act72 and 7#b7 shall be made as an interim rule effective on publication with an opportunity for notice and comment4 7c7 ,congressional review of agency rulemaking ,in promulgating regulations under this section1 the ,secretary shall use the authority provided under section #hjh of title #e1 ,united ,states ,code4 4 #bfjh4 ,standards for ,state technical committees ,section #abfa7;b7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chfa7;b77 is amended by striking ,not later than #ahj days after the date of enactment of the ,food1 ,conservation1 and ,energy ,act of #bjjh1 the ,secretary shall develop and inserting ,the ,secretary shall review and update as necessary4 #bfji4 ,highly erodible land and wetland conservation for crop insurance 7a7 ,highly erodible land program ineligibility 7#a7 ,in general ,section #abaa7;a77#a7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chaa7;a77#a77 is amended-- 7,a7 in subparagraph 7,c71 by striking or at the end2 7,b7 in subparagraph 7,d71 by adding or at the end2 and 7,c7 by adding at the end the following3 7,e7 any portion of premium paid by the ,federal ,crop ,insurance ,corporation for a plan or policy of insurance under the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aeja et seq472 4 7#b7 ,exemptions ,section #abab7;a77#b7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chab7;a77#b77 is amended-- 7,a7 in the first sentence1 by striking 7#b7 ,if1 and inserting the following3 7#b7 ,eligibility based on compliance with conservation plan 7,a7 ,in general ,if1 2 7,b7 in the second sentence1 by striking ,in carrying and inserting the following3 7,b7 ,minimization of documentation ,in carrying 2 and 7,c7 by adding at the end the following3 7,c7 ,crop insurance ,in the case of payments that are subject to section #abaa for the first time due to the amendment made by section #bfji7;a7 of the ,agriculture ,reform1 ,food1 and ,jobs ,act of #bjac1 any person who produces an agricultural commodity on the land that is the basis of the payments shall have until ,january #a of the fifth year after the date on which the payments became subject to section #abaa to develop and comply with an approved conservation plan4 4 7b7 ,wetland conservation program ineligibility ,section #abba7;b7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chba7 is amended by adding at the end the following3 7#d7 ,any portion of premium paid by the ,federal ,crop ,insurance ,corporation for a plan or policy of insurance under the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aeja et seq474 4 ,h ,repeal of superseded program authorities and transitional provisions #bgja4 ,comprehensive conservation enhancement program ,section #abcj of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chcj7 is repealed4 #bgjb4 ,emergency forestry conservation reserve program 7a7 ,repeal ,section #abca;,a of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chca;a7 is repealed4 7b7 ,transitional provisions 7#a7 ,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 #abca;,a of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chca;a7 before ,october #a1 #bjac1 or any payments required to be made in connection with the contract4 7#b7 ,funding ,the ,secretary may use funds made available to carry out the conservation reserve program under subchapter ,b of chapter #a of subtitle ,d of title ,,xii of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chca et seq47 to continue to carry out contracts referred to in paragraph 7#a7 using the provisions of law and regulation applicable to such contracts as in existence on ,september #cj1 #bjac4 7c7 ,effective date ,the amendment made by this section shall take effect on ,october #a1 #bjac4 #bgjc4 ,wetlands reserve program 7a7 ,repeal ,subchapter ,c of chapter #a of subtitle ,d of title ,,xii of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chcg et seq47 is repealed4 7b7 ,transitional provisions 7#a7 ,effect on existing contracts and easements ,the amendment made by this section shall not affect the validity or terms of any contract or easement entered into by the ,secretary of ,agriculture under subchapter ,c of chapter #a of subtitle ,d of title ,,xii of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chcg et seq47 before ,october #a1 #bjac1 or any payments required to be made in connection with the contract or easement4 7#b7 ,funding 7,a7 ,use of prior year funds ,notwithstanding the repeal of subchapter ,c of chapter #a of subtitle ,d of title ,,xii of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chcg et seq471 any funds made available from the ,commodity ,credit ,corporation to carry out the wetlands reserve program under that subchapter for fiscal years #bjji through #bjac shall be made available to carry out contracts or easements referred to in paragraph 7#a7 that were entered into prior to ,october #a1 #bjac 7including the provision of technical assistance71 provided that no such contract or easement is modified so as to increase the amount of the payment received4 7,b7 ,other ,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 #aihe1 as added by section #bcja1 to continue to carry out contracts and easements referred to in paragraph 7#a7 using the provisions of law and regulation applicable to such contracts and easements as in existence on ,september #cj1 #bjac4 7c7 ,effective date ,the amendment made by this section shall take effect on ,october #a1 #bjac4 #bgjd4 ,farmland protection program and farm viability program 7a7 ,repeal ,subchapter ,c of chapter #b of subtitle ,d of title ,,xii of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chch;h et seq47 is repealed4 7b7 ,transitional provisions 7#a7 ,effect on existing agreements and easements ,the amendment made by this section shall not affect the validity or terms of any agreement or easement entered into by the ,secretary of ,agriculture under subchapter ,c of chapter #b of subtitle ,d of title ,,xii of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chch;h et seq47 before ,october #a1 #bjac1 or any payments required to be made in connection with the agreement or easement4 7#b7 ,funding 7,a7 ,use of prior year funds ,notwithstanding the repeal of subchapter ,c of chapter #b of subtitle ,d of title ,,xii of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chch;h et seq471 any funds made available from the ,commodity ,credit ,corporation to carry out the farmland protection program under that subchapter for fiscal years #bjji through #bjac shall be made available to carry out agreements and easements referred to in paragraph 7#a7 that were entered into prior to ,october #a1 #bjac 7including the provision of technical assistance74 7,b7 ,other ,on exhaustion of funds made available under subparagraph 7,a71 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 #aihe1 as added by section #bcja1 to continue to carry out agreements and easements referred to in paragraph 7#a7 using the provisions of law and regulation applicable to such agreements and easement as in existence on ,september #cj1 #bjac4 7c7 ,effective date ,the amendment made by this section shall take effect on ,october #a1 #bjac4 #bgje4 ,grassland reserve program 7a7 ,repeal ,subchapter ,d of chapter #b of subtitle ,d of title ,,xii of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chchn et seq47 is repealed4 7b7 ,transitional provisions 7#a7 ,effect on existing contracts1 agreements1 and easements ,the amendment made by this section shall not affect the validity or terms of any contract1 agreement1 or easement entered into by the ,secretary of ,agriculture under subchapter ,d of chapter #b of subtitle ,d of title ,,xii of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chchn et seq47 before ,october #a1 #bjac1 or any payments required to be made in connection with the contract1 agreement1 or easement4 7#b7 ,funding 7,a7 ,use of prior year funds ,notwithstanding the repeal of subchapter ,d of chapter #b of subtitle ,d of title ,,xii of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chchn et seq471 any funds made available from the ,commodity ,credit ,corporation to carry out the grassland reserve program under that subchapter for fiscal years #bjji through #bjac shall be made available to carry out contracts1 agreements1 or easements referred to in paragraph 7#a7 that were entered into prior to ,october #a1 #bjac 7including the provision of technical assistance71 provided that no such contract1 agreement1 or easement is modified so as to increase the amount of the payment received4 7,b7 ,other ,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 #aihe1 as added by section #bcja1 to continue to carry out contracts1 agreements1 and easements referred to in paragraph 7#a7 using the provisions of law and regulation applicable to such contracts1 agreements1 and easements as in existence on ,september #cj1 #bjac4 7c7 ,effective date ,the amendment made by this section shall take effect on ,october #a1 #bjac4 #bgjf4 ,agricultural water enhancement program 7a7 ,repeal ,section #abdj;,i of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;aa-#i7 is repealed4 7b7 ,transitional provisions 7#a7 ,effect on existing contracts and agreements ,the amendment made by this section shall not affect the validity or terms of any contract or agreement entered into by the ,secretary of ,agriculture under section #abdj;,i of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;aa-#i7 before ,october #a1 #bjac1 or any payments required to be made in connection with the contract or agreement4 7#b7 ,funding 7,a7 ,use of prior year funds ,notwithstanding the repeal of section #abdj;,i of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;aa-#i71 any funds made available from the ,commodity ,credit ,corporation to carry out the agricultural water enhancement program under that section for fiscal years #bjji through #bjac shall be made available to carry out contracts and agreements referred to in paragraph 7#a7 that were entered into prior to ,october #a1 #bjac 7including the provision of technical assistance74 7,b7 ,other ,on exhaustion of funds made available under subparagraph 7,a71 the ,secretary may use funds made available to carry out the regional conservation partnerships program under subtitle ,i of title ,,xii of the ,food ,security ,act of #aihe1 as added by section #bdja1 to continue to carry out contracts and agreements referred to in paragraph 7#a7 using the provisions of law and regulation applicable to such contracts and agreements as in existence on ,september #cj1 #bjac4 7c7 ,effective date ,the amendment made by this section shall take effect on ,october #a1 #bjac4 #bgjg4 ,wildlife habitat incentive program 7a7 ,repeal ,section #abdj,n of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;bb-#a7 is repealed4 7b7 ,transitional provisions 7#a7 ,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 #abdj,n of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;bb-#a7 before ,october #a1 #bjac1 or any payments required to be made in connection with the contract4 7#b7 ,funding 7,a7 ,use of prior year funds ,notwithstanding the repeal of section #abdj,n of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;bb-#a71 any funds made available from the ,commodity ,credit ,corporation to carry out the wildlife habitat incentive program under that section for fiscal years #bjji through #bjac shall be made available to carry out contracts referred to in paragraph 7#a7 which were entered into prior to ,october #a1 #bjac 7including the provision of technical assistance74 7,b7 ,other ,on exhaustion of funds made available under subparagraph 7,a71 the ,secretary may use funds made available to carry out the environmental quality incentives program under chapter #d of subtitle ,d of title ,,xii of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;aa et seq47 to continue to carry out contracts referred to in paragraph 7#a7 using the provisions of law and regulation applicable to such contracts as in existence on ,september #cj1 #bjac4 7c7 ,effective date ,the amendment made by this section shall take effect on ,october #a1 #bjac4 #bgjh4 ,great ,lakes basin program 7a7 ,repeal ,section #abdj,p of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;bb-#c7 is repealed4 7b7 ,effective date ,the amendment made by this section shall take effect on ,october #a1 #bjac4 #bgji4 ,chesapeake ,bay watershed program 7a7 ,repeal ,section #abdj,q of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;bb-#d7 is repealed4 7b7 ,transitional provisions 7#a7 ,effect on existing contracts1 agreements1 and easements ,the amendment made by this section shall not affect the validity or terms of any contract1 agreement1 or easement entered into by the ,secretary of ,agriculture under section #abdj,q of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;bb-#d7 before ,october #a1 #bjac1 or any payments required to be made in connection with the contract1 agreement1 or easement4 7#b7 ,funding 7,a7 ,use of prior year funds ,notwithstanding the repeal of section #abdj,q of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;bb-#d71 any funds made available from the ,commodity ,credit ,corporation to carry out the ,chesapeake ,bay watershed program under that section for fiscal years #bjji through #bjac shall be made available to carry out contracts1 agreements1 and easements referred to in paragraph 7#a7 that were entered into prior to ,october #a1 #bjac 7including the provision of technical assistance74 7,b7 ,other ,the ,secretary may use funds made available to carry out the regional conservation partnerships program under subtitle ,i of title ,,xii of the ,food ,security ,act of #aihe1 as added by section #bdja1 to continue to carry out contracts1 agreements1 and easements referred to in paragraph 7#a7 using the provisions of law and regulation applicable to such contracts1 agreements1 and easements as in existence on ,september #cj1 #bjac4 7c7 ,effective date ,the amendment made by this section shall take effect on ,october #a1 #bjac4 #bgaj4 ,cooperative conservation partnership initiative 7a7 ,repeal ,section #abdc of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chdc7 is repealed4 7b7 ,transitional provisions 7#a7 ,effect on existing contracts and agreements ,the amendment made by this section shall not affect the validity or terms of any contract or agreement entered into by the ,secretary of ,agriculture under section #abdc of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chdc7 before ,october #a1 #bjac1 or any payments required to be made in connection with the contract or agreement4 7#b7 ,funding 7,a7 ,use of prior year funds ,notwithstanding the repeal of section #abdc of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chdc71 any funds made available from the ,commodity ,credit ,corporation to carry out the cooperative conservation partnership initiative under that section for fiscal years #bjji through #bjac shall be made available to carry out contracts and agreements referred to in paragraph 7#a7 that were entered into prior to ,october #a1 #bjac 7including the provision of technical assistance74 7,b7 ,other ,on exhaustion of funds made available under subparagraph 7,a71 the ,secretary may use funds made available to carry out the regional conservation partnerships program under subtitle ,i of title ,,xii of the ,food ,security ,act of #aihe1 as added by section #bdja1 to continue to carry out contracts and agreements referred to in paragraph 7#a7 using the provisions of law and regulation applicable to such contracts and agreements as in existence on ,september #cj1 #bjac4 7c7 ,effective date ,the amendment made by this section shall take effect on ,october #a1 #bjac4 #bgaa4 ,environmental easement program ,chapter #c of subtitle ,d of title ,,xii of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci et seq47 is repealed4 #bgab4 ,technical amendments 7a7 ,section #abja7;a7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chja7;a77 is amended in the matter preceding paragraph 7#a7 by striking ,e and inserting ,i4 7b7 ,section #abaa7;a7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chaa7;a77 is amended by striking predominate each place it appears and inserting predominant4 7c7 ,section #abdb7;i7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chdb7;i77 is amended in the subsection heading by striking speciality and inserting specialty4 ,,iii ,trade ,a ,food for ,peace ,act #cjja4 ,set-aside for support for organizations through which nonemergency assistance is provided ,effective ,october #a1 #bjac1 section #bjb7;e77#a7 of the ,food for ,peace ,act 7#g ,u4,s4,c4 #agbb7;e77#a77 is amended-- 7#a7 in the matter preceding subparagraph 7,a71 by striking #ac percent and inserting #ae percent2 and 7#b7 in subparagraph 7,a71 by striking new and inserting and enhancing4 #cjjb4 ,food aid quality ,section #bjb7;h7 of the ,food for ,peace ,act 7#g ,u4,s4,c4 #agbb7;h77 is amended-- 7#a7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,in general ,the ,administrator shall use funds made available for fiscal year #bjad and subsequent fiscal years to carry out this title-- 7,a7 to assess the types and quality of agricultural commodities and products donated for food aid2 7,b7 to adjust products and formulations1 including potential introduction of new fortificants and products1 as necessary to cost-effectively meet nutrient needs of target populations2 7,c7 to test prototypes2 7,d7 to adopt new specifications or improve existing specifications for micronutrient fortified food aid products1 based on the latest developments in food and nutrition science1 and in coordination with other international partners2 7,e7 to develop new program guidance to facilitate improved matching of products to purposes having nutritional intent1 in coordination with other international partners2 7,f7 to develop improved guidance for implementing partners on how to address nutritional deficiencies that emerge among recipients for whom food assistance is the sole source of diet in emergency programs that extend beyond #a year1 in coordination with other international partners2 and 7,g7 to evaluate1 in appropriate settings and as necessary1 the performance and cost-effectiveness of new or modified specialized food products and program approaches designed to meet the nutritional needs of the most vulnerable groups1 such as pregnant and lactating mothers1 and children under the age of #e4 2 and 7#b7 in paragraph 7#c71 by striking #bjaa and inserting #bjah4 #cjjc4 ,minimum levels of assistance ,section #bjd7;a7 of the ,food for ,peace ,act 7#g ,u4,s4,c4 #agbd7;a77 is amended-- 7#a7 in paragraph 7#a71 by striking #bjab and inserting #bjah2 and 7#b7 in paragraph 7#b71 by striking #bjab and inserting #bjah4 #cjjd4 ,reauthorization of ,food ,aid ,consultative ,group ,section #bje7;f7 of the ,food for ,peace ,act 7#g ,u4,s4,c4 #agbe7;f77 is amended by striking #bjab and inserting #bjah4 #cjje4 ,oversight1 monitoring1 and evaluation of ,food for ,peace ,act programs ,section #bjg7;f7 of the ,food for ,peace ,act 7#g ,u4,s4,c4 #agbf;a7f77 is amended-- 7#a7 by striking paragraph 7#d7 and redesignating paragraphs 7#e7 and 7#f7 as paragraphs 7#d7 and 7#e71 respectively2 and 7#b7 in subparagraph 7,a7 of paragraph 7#e7 7as so redesignated7-- 7,a7 by striking #bjab and inserting #bjah2 and 7,b7 by striking during fiscal year #bjji and inserting during the period of fiscal years #bjad through #bjah4 #cjjf4 ,assistance for stockpiling and rapid transportation1 delivery1 and distribution of shelf-stable prepackaged foods ,section #bjh7;f7 of the ,food for ,peace ,act 7#g ,u4,s4,c4 #agbf;b7f77 is amended by striking #bjab and inserting #bjah4 #cjjg4 ,limitation on total volume of commodities monetized ,section #djc of the ,food for ,peace ,act 7#g ,u4,s4,c4 #agcc7 is amended by adding at the end the following3 7m7 ,limitation on monetization of commodities 7#a7 ,limitation 7,a7 ,in general ,unless the ,administrator grants a waiver under paragraph 7#b71 no commodity may be made available under this ,act unless the rate of return for the commodity 7as determined under subparagraph 7,b77 is at least #gj percent4 7,b7 ,rate of return ,for purposes of subparagraph 7,a71 the rate of return shall be equal to the proportion that-- 7i7 the proceeds the implementing partners generate through monetization2 bears to 7ii7 the cost to the ,federal ,government to procure and ship the commodities to a recipient country for monetization4 7#b7 ,waiver authority ,the ,administrator may waive the application of the limitation in paragraph 7#a7 with regard to a commodity for a recipient country if the ,administrator determines that it is necessary to achieve the purposes of this ,act in the recipient country4 7#c7 ,report ,not later than #ij days after a waiver is granted under paragraph 7#b71 the ,administrator shall prepare1 publish in the ,federal ,register1 and submit to the ,committees on ,foreign ,affairs1 ,agriculture1 and ,appropriations of the ,house of ,representatives1 and the ,committees on ,appropriations1 ,foreign ,relations1 and ,agriculture1 ,nutrition1 and ,forestry of the ,senate a report that-- 7,a7 contains the reasons for granting the waiver and the actual rate of return for the commodity2 and 7,b7 includes for the commodity the costs of bagging or further processing1 ocean transportation1 inland transportation in the recipient country1 storage costs1 and any other information that the ,administrator determines to be necessary4 4 #cjjh4 ,flexibility ,section #djf of the ,food for ,peace ,act 7#g ,u4,s4,c4 #agcf7 is amended-- 7#a7 by redesignating subsections 7c7 and 7d7 as subsections 7d7 and 7e71 respectively2 and 7#b7 by inserting after subsection 7b7 the following3 7c7 ,flexibility ,notwithstanding any other provision of law and as necessary to achieve the purposes of this ,act1 funds available under this ,act may be used to pay the costs of up to #bj percent of activities conducted in recipient countries by nonprofit voluntary organizations1 cooperatives1 or intergovernmental agencies or organizations4 4 #cjji4 ,procurement1 transportation1 testing1 and storage of agricultural commodities for prepositioning in the ,united ,states and foreign countries ,section #djg of the ,food for ,peace ,act 7#g ,u4,s4,c4 #agcf;a7 is amended-- 7#a7 in subparagraph 7c77#d77;,a7-- 7,a7 by striking #bjab and inserting #bjah2 and 7,b7 by striking for each such fiscal year not more than #aj1jjj1jjj of such funds and inserting for each of fiscal years #bjja through #bjab not more than #aj1jjj1jjj of such funds and for each of fiscal years #bjad through #bjah not more than #ae1jjj1jjj of such funds2 and 7#b7 by adding at the end the following3 7g7 ,funding for testing of food aid shipments ,funds made available for agricultural products acquired under this ,act and section #cajg of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #agcfo-#a7 may be used to pay for the testing of those agricultural products4 4 #cjaj4 ,deadline for agreements to finance sales or to provide other assistance ,section #djh of the ,food for ,peace ,act 7#g ,u4,s4,c4 #agcf;b7 is amended by striking #bjab and inserting #bjah4 #cjaa4 ,minimum level of nonemergency food assistance ,section #dab of the ,food for ,peace ,act 7#g ,u4,s4,c4 #agcf;f7 is amended by striking subsection 7e7 and inserting the following3 7e7 ,minimum level of nonemergency food assistance 7#a7 ,in general ,subject to paragraph 7#b71 of the amounts made available to carry out emergency and nonemergency food assistance programs under title ,,ii1 not less than #bj nor more than #cj percent for each of fiscal years #bjad through #bjah shall be expended for nonemergency food assistance programs under title ,,ii4 7#b7 ,minimum level ,the amount made available to carry out nonemergency food assistance programs under title ,,ii shall not be less than #bge1jjj1jjj for any fiscal year4 4 #cjab4 ,coordination of foreign assistance programs report ,section #dac of the ,food for ,peace ,act 7#g ,u4,s4,c4 #agcf;g7 is amended-- 7#a7 by striking 7a7 ,in general4--,to the maximum and inserting ,to the maximum2 and 7#b7 by striking subsection 7b74 #cjac4 ,micronutrient fortification programs 7a7 ,elimination of obsolete reference to study ,section #dae7;a77#b77;,b7 of the ,food for ,peace ,act 7#g ,u4,s4,c4 #agcf;g-#b7;a77#b77;,b77 is amended by striking 1 using recommendations and all that follows through quality enhancements4 7b7 ,extension ,section #dae7;c7 of the ,food for ,peace ,act 7#g ,u4,s4,c4 #agcf;g-#b7;c77 is amended by striking #bjab and inserting #bjah4 #cjad4 ,john ,ogonowski and ,doug ,bereuter ,farmer-to-,farmer ,program ,section #eja of the ,food for ,peace ,act 7#g ,u4,s4,c4 #agcg7 is amended-- 7#a7 in subsection 7d7-- 7,a7 by striking #j4e percent and inserting #j4f percent2 and 7,b7 by striking #bjab and inserting #bjah2 and 7#b7 in subsection 7e77#a71 by striking #bjab and inserting #bjah4 #cjae4 ,prohibition on assistance for ,north ,korea 7a7 ,in general ,no amounts may be obligated or expended to provide assistance under title ,,ii of the ,food for ,peace ,act 7#g ,u4,s4,c4 #agba et seq47 to the ,democratic ,people's ,republic of ,korea4 7b7 ,national interest waiver ,the ,president may waive subsection 7a7 if the ,president determines and certifies to the ,committees on ,agriculture1 ,nutrition1 and ,forestry and ,foreign ,relations of the ,senate and the ,committees on ,agriculture and ,foreign ,affairs of the ,house of ,representatives that the waiver is in the national interest of the ,united ,states4 ,b ,agricultural ,trade ,act of #aigh #caja4 ,export credit guarantee programs ,section #baa of the ,agricultural ,trade ,act of #aigh 7#g ,u4,s4,c4 #efda7 is amended by striking subsection 7b7 and inserting the following3 7b7 ,export credit guarantee programs ,the ,commodity ,credit ,corporation shall make available for each of fiscal years #bjad through #bjah credit guarantees under section #bjb7;a7 in an amount equal to not more than #d1ejj1jjj1jjj in credit guarantees4 4 #cajb4 ,funding for market access program ,section #baa7;c77#a77;,a7 of the ,agricultural ,trade ,act of #aigh 7#g ,u4,s4,c4 #efda7;c77#a77;,a77 is amended by striking #bjab and inserting #bjah4 #cajc4 ,foreign market development cooperator program ,section #gjc7;a7 of the ,agricultural ,trade ,act of #aigh 7#g ,u4,s4,c4 #egbc7;a77 is amended by striking #bjab and inserting #bjah4 ,c ,other ,agricultural ,trade ,laws #cbja4 ,food for ,progress ,act of #aihe 7a7 ,extension ,the ,food for ,progress ,act of #aihe 7#g ,u4,s4,c4 #agcfo7 is amended-- 7#a7 in subsection 7f77#c71 by striking #bjab and inserting #bjah2 7#b7 in subsection 7g71 by striking #bjab and inserting #bjah2 7#c7 in subsection 7k71 by striking #bjab and inserting #bjah2 and 7#d7 in subsection 7l77#a71 by striking #bjab and inserting #bjah4 7b7 ,repeal of completed project ,subsection 7f7 of the ,food for ,progress ,act of #aihe 7#g ,u4,s4,c4 #agcfo7 is amended by striking paragraph 7#f74 7c7 ,flexibility ,the ,food for ,progress ,act of #aihe 7#g ,u4,s4,c4 #agcfo7 is amended in subsection 7l7 by adding at the end the following3 7#e7 ,flexibility ,notwithstanding any other provision of law and as necessary to achieve the purposes of this ,act1 funds available under this ,act may be used to pay the costs of up to #bj percent of activities conducted in recipient countries by nonprofit voluntary organizations1 cooperatives1 or intergovernmental agencies or organizations4 4 7d7 ,limitation on total volume of commodities monetized ,the ,food for ,progress ,act of #aihe 7#g ,u4,s4,c4 #agcfo7 is amended by adding at the end the following3 7p7 ,limitation on monetization of commodities 7#a7 ,limitation 7,a7 ,in general ,unless the ,secretary grants a waiver under paragraph 7#b71 no eligible commodity may be made available under this section unless the rate of return for the eligible commodity 7as determined under subparagraph 7,b77 is at least #gj percent4 7,b7 ,rate of return ,for purposes of subparagraph 7,a71 the rate of return shall be equal to the proportion that-- 7i7 the proceeds the implementing partners generate through monetization2 bears to 7ii7 the cost to the ,federal ,government to procure and ship the eligible commodities to a recipient country for monetization4 7#b7 ,waiver authority ,the ,secretary may waive the application of the limitation in paragraph 7#a7 with regard to an eligible commodity for a recipient country if the ,secretary determines that it is necessary to achieve the purposes of this ,act in the recipient country4 7#c7 ,report ,not later than #ij days after a waiver is granted under paragraph 7#b71 the ,secretary shall prepare1 publish in the ,federal ,register1 and submit to the ,committees on ,foreign ,affairs1 ,agriculture1 and ,appropriations of the ,house of ,representatives1 and the ,committees on ,appropriations1 ,foreign ,relations1 and ,agriculture1 ,nutrition1 and ,forestry of the ,senate a report that-- 7,a7 contains the reasons for granting the waiver and the actual rate of return for the eligible commodity2 and 7,b7 includes for the commodity the costs of bagging or further processing1 ocean transportation1 inland transportation in the recipient country1 storage costs1 and any other information that the ,secretary determines to be necessary4 4 #cbjb4 ,bill ,emerson ,humanitarian ,trust ,section #cjb of the ,bill ,emerson ,humanitarian ,trust ,act 7#g ,u4,s4,c4 #agcf;f-#a7 is amended-- 7#a7 in subsection 7b77#b77;,b77i71 by striking #bjab both places it appears and inserting #bjah2 and 7#b7 in subsection 7h71 by striking #bjab both places it appears and inserting #bjah4 #cbjc4 ,promotion of agricultural exports to emerging markets 7a7 ,direct credits or export credit guarantees ,section #aedb7;a7 of the ,food1 ,agriculture1 ,conservation1 and ,trade ,act of #aiij 7,public ,law #aja-fbd2 #g ,u4,s4,c4 #efbb note7 is amended by striking #bjab and inserting #bjah4 7b7 ,development of agricultural systems ,section #aedb7;d77#a77;,a77i7 of the ,food1 ,agriculture1 ,conservation1 and ,trade ,act of #aiij 7,public ,law #aja-fbd2 #g ,u4,s4,c4 #efbb note7 is amended by striking #bjab and inserting #bjah4 #cbjd4 ,mc,govern-,dole ,international ,food for ,education and ,child ,nutrition ,program 7a7 ,reauthorization ,section #cajg7l77#b7 of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #agcfo-#a7l77#b77 is amended by striking #bjab and inserting #bjah4 7b7 ,technical correction ,section #cajg7;d7 of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #agcfo-#a7;d77 is amended by striking to in the matter preceding paragraph 7#a74 #cbje4 ,technical assistance for specialty crops 7a7 ,purpose ,section #cbje7;b7 of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #efhj7;b77 is amended by striking related barriers to trade and inserting technical barriers to trade4 7b7 ,funding ,section #cbje7;e77#b7 of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #efhj7;e77#b77 is amended-- 7#a7 by inserting and at the end of subparagraph 7,c72 and 7#b7 by striking subparagraphs 7,d7 and 7,e7 and inserting the following new subparagraph3 7,d7 #i1jjj1jjj for each of fiscal years #bjaa through #bjah4 4 #cbjf4 ,global ,crop ,diversity ,trust ,section #cbjb7;c7 of the ,food1 ,conservation1 and ,energy ,act of #bjjh 7,public ,law #aaj-bdf2 #bb ,u4,s4,c4 #bbbj;a note7 is amended by striking #bjjh through #bjab and inserting #bjad through #bjah4 #cbjg4 ,local and regional food aid procurement projects ,section #cbjf of the ,food1 ,conservation1 and ,energy ,act of #bjjh 7#g ,u4,s4,c4 #agbf;c7 is amended-- 7#a7 in subsection 7b7-- 7,a7 by striking 7b7 ,study2 field-,based projects4-- and all that follows through 7#b7 ,field-based projects4-- and inserting the following3 7b7 ,field-,based projects 2 7,b7 by redesignating subparagraphs 7,a7 and 7,b7 as paragraphs 7#a7 and 7#b71 respectively1 and indenting appropriately2 7,c7 in paragraph 7#a7 7as so redesignated71 by striking subparagraph 7,b7 and inserting paragraph 7#b72 and 7,d7 in paragraph 7#b7 7as so redesignated71 by striking subparagraph 7,a7 and inserting paragraph 7#a72 7#b7 in subsection 7c77#a71 by striking subsection 7b77#b7 and inserting subsection 7b72 7#c7 by striking subsections 7d71 7f71 and 7g72 7#d7 by redesignating subsection 7e7 as subsection 7d72 7#e7 in subsection 7d7 7as so redesignated7-- 7,a7 in paragraph 7#b7-- 7i7 by striking subparagraph 7,b72 and 7ii7 in subparagraph 7,a7-- 7,i7 by striking 7,a7 ,application4-- and all that follows through ,to be eligible in clause 7i7 and inserting the following3 7,a7 ,in general ,to be eligible 2 7,,ii7 by redesignating clause 7ii7 as subparagraph 7,b7 and indenting appropriately2 and 7,,iii7 in subparagraph 7,b7 7as so redesignated71 by striking clause 7i7 and inserting subparagraph 7,a72 and 7,b7 by striking paragraph 7#d72 and 7#f7 by adding at the end the following3 7e7 ,funding 7#a7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #dj1jjj1jjj for each of fiscal years #bjad through #bjah4 7#b7 ,preference ,in carrying out this section1 the ,secretary may give a preference to eligible organizations that have1 or are working toward1 projects under the ,mc,govern-,dole ,international ,food for ,education and ,child ,nutrition ,program established under section #cajg of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #agcfo-#a74 7#c7 ,reporting ,each year1 the ,secretary shall submit to the appropriate committees of ,congress a report that describes the use of funds under this section1 including-- 7,a7 the impact of procurements and projects on-- 7i7 local and regional agricultural producers2 and 7ii7 markets and consumers1 including low-income consumers2 and 7,b7 implementation time frames and costs4 4 #cbjh4 ,donald ,payne ,horn of ,africa food resilience program 7a7 ,definitions ,in this section3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,agency for ,international ,development4 7#b7 ,appropriate committees of ,congress ,the term appropriate committees of ,congress means-- 7,a7 the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate2 7,b7 the ,committee on ,agriculture of the ,house of ,representatives2 7,c7 the ,committee on ,foreign ,relations of the ,senate2 and 7,d7 the ,committee on ,foreign ,affairs of the ,house of ,representatives4 7#c7 ,eligible organization ,the term eligible organization means an organization that is-- 7,a7 a private voluntary organization or cooperative that is1 to the extent practicable1 registered with the ,administrator2 or 7,b7 an intergovernmental organization1 such as the ,world ,food ,program4 7#d7 ,horn of ,africa ,the term ,horn of ,africa means the countries of-- 7,a7 ,ethiopia2 7,b7 ,somalia2 7,c7 ,kenya2 7,d7 ,djibouti2 7,e7 ,eritrea2 7,f7 ,south ,sudan2 7,g7 ,uganda2 and 7,h7 such other countries as the ,administrator determines to be appropriate after providing notification to the appropriate committees of ,congress4 7#e7 ,resilience ,the term resilience means-- 7,a7 the capacity to mitigate the negative impacts of crises 7including natural disasters1 conflicts1 and economic shocks7 in order to reduce loss of life and depletion of productive assets2 7,b7 the capacity to respond effectively to crises1 ensuring basic needs are met in a way that is integrated with long-term development efforts2 and 7,c7 the capacity to recover and rebuild after crises so that future shocks can be absorbed with less need for ongoing external assistance4 7b7 ,purpose ,the purpose of this section is to establish a pilot program to effectively integrate all ,united ,states-funded emergency and long-term development activities that aim to improve food security in the ,horn of ,africa1 building resilience so as-- 7#a7 to reduce the impacts of future crises2 7#b7 to enhance local capacity for emergency response2 7#c7 to enhance sustainability of long-term development programs targeting poor and vulnerable households2 and 7#d7 to reduce the need for repeated costly emergency operations4 7c7 ,study 7#a7 ,in general ,not later than #cj days after the date of enactment of this ,act1 the ,administrator shall initiate a study of prior programs to support resilience in the ,horn of ,africa conducted by-- 7,a7 other donor countries2 7,b7 private voluntary organizations2 7,c7 the ,world ,food ,program of the ,united ,nations2 and 7,d7 multilateral institutions1 including the ,world ,bank4 7#b7 ,requirements ,the study shall-- 7,a7 include all programs implemented through the ,agency for ,international ,development1 the ,department of ,agriculture1 the ,department of the ,treasury1 the ,millennium ,challenge ,corporation1 the ,peace ,corps1 and other relevant ,federal agencies2 7,b7 evaluate how well the programs described in subparagraph 7,a7 work together to complement each other and leverage impacts across programs2 7,c7 include recommendations for how full integration of efforts can be achieved2 and 7,d7 evaluate the degree to which country-led development plans support programs that increase resilience1 including review of the investments by each country in nutrition and safety nets4 7#c7 ,report ,not later than #ahj days after the date of enactment of this ,act1 the ,administrator shall submit to the appropriate committees of ,congress a report containing the results of the study4 7d7 ,field-,based project grants or cooperative agreements 7#a7 ,in general ,the ,administrator shall-- 7,a7 provide grants to1 or enter into cooperative agreements with1 eligible organizations to carry out field-based projects that build resilience in the ,horn of ,africa in accordance with this section2 and 7,b7 develop a project approval process to ensure full integration of efforts4 7#b7 ,requirements of eligible organizations 7,a7 ,application ,to be eligible to receive a grant from1 or enter into a cooperative agreement with1 the ,administrator under this subsection1 an eligible organization shall submit to the ,administrator an application by such date1 in such manner1 and containing such information as the ,administrator may require4 7,b7 ,completion requirement ,to be eligible to receive a grant from1 or enter into a cooperative agreement with1 the ,administrator under this subsection1 an eligible organization shall agree-- 7i7 to collect1 not later than ,september #cj1 #bjaf1 data containing the information required under subsection 7f77#b7 relating to the field-based project funded through the grant or cooperative agreement2 and 7ii7 to provide to the ,administrator the data collected under clause 7i74 7#c7 ,requirements of ,administrator 7,a7 ,project diversity 7i7 ,in general ,subject to clause 7ii7 and subparagraph 7,b71 in selecting proposals for field-based projects to fund under this section1 the ,administrator shall select a diversity of projects1 including projects located in-- 7,i7 areas most prone to repeated crises2 7,,ii7 areas with effective existing resilience programs that can be scaled2 and 7,,iii7 areas in all countries of the ,horn of ,africa4 7ii7 ,priority ,in selecting proposals for field-based projects under clause 7i71 the ,administrator shall ensure that the selected proposals are for field-based projects that-- 7,i7 effectively integrate emergency and long-term development programs to improve sustainability2 7,,ii7 demonstrate the potential to reduce the need for future emergency assistance2 and 7,,iii7 build targeted productive safety nets1 in coordination with host country governments1 through food for work1 cash for work1 and other proven program methodologies4 7,b7 ,availability ,the ,administrator shall not award a grant or cooperative agreement or approve a field-based project under this subsection until the date on which the ,administrator promulgates regulations or issues guidelines under subsection 7e74 7e7 ,regulations2 ,guidelines 7#a7 ,in general ,not later than #ahj days after the date of completion of the study under subsection 7c71 the ,administrator shall promulgate regulations or issue guidelines to carry out field-based projects under this section4 7#b7 ,requirements ,in promulgating regulations or issuing guidelines under paragraph 7#a71 the ,administrator shall-- 7,a7 take into consideration the results of the study described in subsection 7c72 and 7,b7 provide an opportunity for public review and comment4 7f7 ,report 7#a7 ,in general ,not later than ,november #a1 #bjaf1 the ,administrator shall submit to the appropriate committees of ,congress a report that-- 7,a7 addresses each factor described in paragraph 7#b72 and 7,b7 is conducted in accordance with this section4 7#b7 ,required factors ,the report shall include baseline and end-of-project data that measures-- 7,a7 the prevalence of moderate and severe hunger so as to provide an accurate accounting of project impact on household access to and consumption of food during every month of the year prior to data collection2 7,b7 household ownership of and access to productive assets1 including at a minimum land1 livestock1 homes1 equipment1 and other materials assets needed for income generation2 7,c7 household incomes1 including informal sources of employment2 and 7,d7 the productive assets of women using the ,women's ,empowerment in ,agriculture ,index4 7#c7 ,public access to records and reports ,not later than #ij days after the date on which the report is submitted under paragraph 7#a71 the ,administrator shall provide public access to the report4 7g7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #aj1jjj1jjj for each of fiscal years #bjad through #bjah4 #cbji4 ,agricultural trade enhancement study 7a7 ,definition of agriculture committees and subcommittees ,in this section1 the term agriculture committees and subcommittees means-- 7#a7 the ,committee on ,agriculture of the ,house of ,representatives2 7#b7 the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate2 and 7#c7 the subcommittees on agriculture1 rural development1 food and drug administration1 and related agencies of the ,committees on ,appropriations of the ,house of ,representatives and the ,senate4 7b7 ,development ,the ,secretary1 in consultation with the agriculture committees and subcommittees1 shall develop a study that takes into consideration a reorganization of international trade functions for imports and exports at the ,department of ,agriculture4 7c7 ,implementation ,in implementing the study under this section1 the ,secretary-- 7#a7 in recognition of the importance of agricultural exports to the farm economy and the economy as a whole1 may include a recommendation for the establishment of an ,under ,secretary for ,trade and ,foreign ,agricultural ,affairs2 7#b7 may take into consideration how the ,under ,secretary described in paragraph 7#a7 would serve as a multiagency coordinator of sanitary and phytosanitary issues and nontariff trade barriers in agriculture with respect to imports and exports of agricultural products2 and 7#c7 shall take into consideration all implications of a reorganization described in subsection 7b7 on domestic programs and operations of the ,department of ,agriculture4 7d7 ,report ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall submit to the agriculture committees and subcommittees a report describing the results of the study under this section4 ,,iv ,nutrition ,a ,supplemental nutrition assistance program #djja4 ,food distribution program on ,indian reservations ,section #d7;b77#f77;,f7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjac7;b77#f77;,f77 is amended by striking #bjab and inserting #bjah4 #djjb4 ,standard utility allowances based on the receipt of energy assistance payments 7a7 ,standard utility allowances in the supplemental nutrition assistance program ,section #e7;e77#f77;,c7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjad7;e77#f77;,c77 is amended-- 7#a7 in clause 7i71 by inserting 1 subject to clause 7iv7 after ,secretary2 and 7#b7 in clause 7iv77,i71 by striking the household still incurs and all that follows through the end of the subclause and inserting the payment received by1 or made on behalf of1 the household exceeds #aj or a higher amount annually1 as determined by the ,secretary44 7b7 ,conforming amendment ,section #bfje7;f77#b77;,a7 of the ,low-,income ,home ,energy ,assistance ,act of #aiha 7#db ,u4,s4,c4 #hfbd7;f77#b77;,a77 is amended by inserting before the semicolon at the end 1 except that1 for purposes of the supplemental nutrition assistance program established under the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq471 such payments or allowances exceed #aj or a higher amount annually1 as determined by the ,secretary of ,agriculture in accordance with section #e7;e77#f77;,c77iv77,i7 of that ,act 7#g ,u4,s4,c4 #bjad7;e77#f77;,c77iv77,i774 7c7 ,effective and implementation date 7#a7 ,in general ,except as provided in paragraph 7#b71 this section and the amendments made by this section shall take effect beginning on ,october #a1 #bjac1 for all certification periods beginning after that date4 7#b7 ,state option to delay implementation for current recipients ,a ,state may1 at the option of the ,state1 implement a policy that eliminates or minimizes the effect of the amendments made by this section for households that receive a standard utility allowance as of the date of enactment of this ,act for not more than a #ahj-;day period beginning on the date on which the amendments made by this section would otherwise affect the benefits received by a household4 #djjc4 ,eligibility disqualifications ,section #f7;e77#c77;,b7 of ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjae7;e77#c77;,b77 is amended by striking section and inserting the following3 8section1 subject to the condition that the course or program of study-- 7i7 is part of a program of career and technical education 7as defined in section #c of the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcjb77 that may be completed in not more than #d years at an institution of higher education 7as defined in section #ajb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb772 or 7ii7 is limited to remedial courses1 basic adult education1 literacy1 or ,english as a second language2 4 #djjd4 ,ending supplemental nutrition assistance program benefits for lottery or gambling winners 7a7 ,in general ,section #f of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjae7 is amended by adding at the end the following3 7r7 ,ineligibility for benefits due to receipt of substantial lottery or gambling winnings 7#a7 ,in general ,any household in which a member receives substantial lottery or gambling winnings1 as determined by the ,secretary1 shall lose eligibility for benefits immediately upon receipt of the winnings4 7#b7 ,duration of ineligibility ,a household described in paragraph 7#a7 shall remain ineligible for participation until the household meets the allowable financial resources and income eligibility requirements under subsections 7c71 7d71 7e71 7f71 7g71 7i71 7k71 7l71 7m71 and 7n7 of section #e4 7#c7 ,agreements ,as determined by the ,secretary1 each ,state agency1 to the maximum extent practicable1 shall establish agreements with entities responsible for the regulation or sponsorship of gaming in the ,state to determine whether individuals participating in the supplemental nutrition assistance program have received substantial lottery or gambling winnings4 4 7b7 ,conforming amendments ,section #e7;a7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjad7;a77 is amended in the second sentence by striking sections #f7;b71 #f7;d77#b71 and #f7;g7 and inserting subsections 7b71 7d77#b71 7g71 and 7r7 of section #f4 #djje4 ,retail food stores 7a7 ,definition of retail food store ,subsection 7o77#a77;,a7 of section #c of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjab7 7as redesignated by section #djag7;a77#d77 is amended by striking at least #b and inserting at least #c4 7b7 ,alternative benefit delivery ,section #g7;f7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaf7;f77 is amended-- 7#a7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,imposition of costs 7,a7 ,in general ,except as provided in subparagraph 7,b71 the ,secretary shall require participating retail food stores 7including restaurants participating in a ,state option restaurant program intended to serve the elderly1 disabled1 and homeless7 to pay #ajj percent of the costs of acquiring1 and arrange for the implementation of1 electronic benefit transfer point-of-sale equipment and supplies1 including related services4 7,b7 ,exemptions ,the ,secretary may exempt from subparagraph 7,a7-- 7i7 farmers' markets1 military commissaries1 nonprofit food buying cooperatives1 and establishments1 organizations1 programs1 or group living arrangements described in paragraphs 7#e71 7#g71 and 7#h7 of section #c7k72 and 7ii7 establishments described in paragraphs 7#c71 7#d71 and 7#i7 of section #c7k71 other than restaurants participating in a ,state option restaurant program4 2 and 7#b7 by adding at the end the following3 7#d7 ,termination of manual vouchers 7,a7 ,in general ,effective beginning on the date of enactment of this paragraph1 except as provided in subparagraph 7,b71 no ,state shall issue manual vouchers to a household that receives supplemental nutrition assistance under this ,act or allow retail food stores to accept manual vouchers as payment1 unless the ,secretary determines that the manual vouchers are necessary1 such as in the event of an electronic benefit transfer system failure or a disaster situation4 7,b7 ,exemptions ,the ,secretary may exempt categories of retail food stores or individual retail food stores from subparagraph 7,a7 based on criteria established by the ,secretary4 7#e7 ,unique identification number required ,the ,secretary shall require all parties providing electronic benefit transfer services to provide for and maintain unique terminal identification number information through the supplemental nutrition assistance program electronic benefit transfer transaction routing system4 4 7c7 ,electronic benefit transfers ,section #g7;h77#c77;,b7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaf7;h77#c77;,b77 is amended by striking is operational-- and all that follows through 7ii7 in the case of other participating stores1 and inserting is operational4 7d7 ,approval of retail food stores and wholesale food concerns ,section #i of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjah7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in the second sentence of paragraph 7a77#a71 by striking 2 and 7,c7 and inserting 2 7,c7 whether the applicant is located in an area with significantly limited access to food2 and 7,d72 and 7#b7 by adding at the end the following3 7#d7 ,retail food stores with significant sales of excepted items 7,a7 ,in general ,no retail food store for which at least #de percent of the total sales of the retail food store is from the sale of excepted items described in section #c7k77#a7 may be authorized to accept and redeem benefits unless the ,secretary determines that the participation of the retail food store is required for the effective and efficient operation of the supplemental nutrition assistance program4 7,b7 ,application ,subparagraph 7,a7 shall be effective-- 7i7 in the case of retail food stores applying to be authorized for the first time1 beginning on the date that is #a year after the date of enactment of this paragraph2 and 7ii7 in the case of retail food stores participating in the program on the date of enactment of this paragraph1 during periodic reauthorization in accordance with paragraph 7#b77;,a74 2 and 7#c7 by adding at the end the following3 7g7 ,,ebt service requirement ,an approved retail food store shall provide adequate ,,ebt service as described in section #g7;h77#c77;,b74 4 #djjf4 ,improving security of food assistance ,section #g7;h77#h7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaf7;h77#h77 is amended-- 7#a7 by striking the paragraph heading and inserting ,replacement of cards4--2 7#b7 by striking ,a ,state and inserting the following3 7,a7 ,fees ,a ,state 2 and 7#c7 by adding after subparagraph 7,a7 7as so designated by paragraph 7#b77 the following3 7,b7 ,purposeful loss of cards 7i7 ,in general ,subject to terms and conditions established by the ,secretary in accordance with clause 7ii71 if a household makes excessive requests for replacement of the electronic benefit transfer card of the household1 the ,secretary may require a ,state agency to decline to issue a replacement card to the household unless the household1 upon request of the ,state agency1 provides an explanation for the loss of the card4 7ii7 ,requirements ,the terms and conditions established by the ,secretary shall provide that-- 7,i7 the household be given the opportunity to provide the requested explanation and meet the requirements under this paragraph promptly2 7,,ii7 after an excessive number of lost cards1 the head of the household shall be required to review program rights and responsibilities with ,state agency personnel authorized to make determinations under section #e7;a72 and 7,,iii7 any action taken1 including actions required under section #f7;b77#b71 other than the withholding of the electronic benefit transfer card until an explanation described in subclause 7,i7 is provided1 shall be consistent with the due process protections under section #f7;b7 or #aa7;e77#aj71 as appropriate4 7,c7 ,protecting vulnerable persons ,in implementing this paragraph1 a ,state agency shall act to protect homeless persons1 persons with disabilities1 victims of crimes1 and other vulnerable persons who lose electronic benefit transfer cards but are not intentionally committing fraud4 7,d7 ,effect on eligibility ,while a ,state may decline to issue an electronic benefits transfer card until a household satisfies the requirements under this paragraph1 nothing in this paragraph shall be considered a denial of1 or limitation on1 the eligibility for benefits under section #e4 4 #djjg4 ,technology modernization for retail food stores 7a7 ,mobile technologies ,section #g7;h7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaf7;h77 7as amended by section #djae7;e77 is amended by adding at the end the following3 7#ad7 ,mobile technologies 7,a7 ,in general ,subject to subparagraph 7,b71 the ,secretary shall approve retail food stores to redeem benefits through electronic means other than wired point of sale devices for electronic benefit transfer transactions1 if the retail food stores-- 7i7 establish recipient protections regarding privacy1 ease of use1 access1 and support similar to the protections provided for transactions made in retail food stores2 7ii7 bear the costs of obtaining1 installing1 and maintaining mobile technologies1 including mechanisms needed to process ,,ebt cards and transaction fees2 7iii7 demonstrate the foods purchased with benefits issued under this section through mobile technologies are purchased at a price not higher than the price of the same food purchased by other methods used by the retail food store1 as determined by the ,secretary2 7iv7 provide adequate documentation for each authorized transaction1 as determined by the ,secretary2 and 7v7 meet other criteria as established by the ,secretary4 7,b7 ,demonstration project on acceptance of benefits of mobile transactions 7i7 ,in general ,before authorizing implementation of subparagraph 7,a7 in all ,states1 the ,secretary shall pilot the use of mobile technologies determined by the ,secretary to be appropriate to test the feasibility and implications for program integrity1 by allowing retail food stores to accept benefits from recipients of supplemental nutrition assistance through mobile transactions4 7ii7 ,demonstration projects ,to be eligible to participate in a demonstration project under clause 7i71 a retail food store shall submit to the ,secretary for approval a plan that includes-- 7,i7 a description of the technology2 7,,ii7 the manner by which the retail food store will provide proof of the transaction to households2 7,,iii7 the provision of data to the ,secretary1 consistent with requirements established by the ,secretary1 in a manner that allows the ,secretary to evaluate the impact of the demonstration on participant access1 ease of use1 and program integrity2 and 7,,iv7 such other criteria as the ,secretary may require4 7iii7 ,date of completion ,the demonstration projects under this subparagraph shall be completed and final reports submitted to the ,secretary by not later than ,july #a1 #bjae4 7,c7 ,report to ,congress ,the ,secretary shall-- 7i7 by not later than ,january #a1 #bjaf1 authorize implementation of subparagraph 7,a7 in all ,states1 unless the ,secretary makes a finding1 based on the data provided under subparagraph 7,b71 that implementation in all ,states is not in the best interest of the supplemental nutrition assistance program2 and 7ii7 if the determination made in clause 7i7 is not to implement subparagraph 7,a7 in all ,states1 submit a report to the ,committee on ,agriculture of the ,house of ,representatives and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate that includes the basis of the finding4 4 7b7 ,acceptance of benefits through on-,line transactions 7#a7 ,in general ,section #g of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaf7 is amended by adding at the end the following3 7k7 ,option ,to accept program benefits through on-,line transactions 7#a7 ,in general ,subject to paragraph 7#d71 the ,secretary shall approve retail food stores to accept benefits from recipients of supplemental nutrition assistance through on-line transactions4 7#b7 ,requirements to accept benefits ,a retail food store seeking to accept benefits from recipients of supplemental nutrition assistance through on-line transactions shall-- 7,a7 establish recipient protections regarding privacy1 ease of use1 access1 and support similar to the protections provided for transactions made in retail food stores2 7,b7 ensure benefits are not used to pay delivery1 ordering1 convenience1 or other fees or charges2 7,c7 clearly notify participating households at the time a food order is placed-- 7i7 of any delivery1 ordering1 convenience1 or other fee or charge associated with the food purchase2 and 7ii7 that any such fee cannot be paid with benefits provided under this ,act2 7,d7 ensure the security of on-line transactions by using the most effective technology available that the ,secretary considers appropriate and cost-effective and that is comparable to the security of transactions at retail food stores2 and 7,e7 meet other criteria as established by the ,secretary4 7#c7 ,state agency action ,each ,state agency shall ensure that recipients of supplemental nutrition assistance can use benefits on-line as described in this subsection as appropriate4 7#d7 ,demonstration project on acceptance of benefits through on-line transactions 7,a7 ,in general ,before the ,secretary authorizes implementation of paragraph 7#a7 in all ,states1 the ,secretary shall carry out a number of demonstration projects as determined by the ,secretary to test the feasibility of allowing retail food stores to accept benefits through on-line transactions4 7,b7 ,demonstration projects ,to be eligible to participate in a demonstration project under subparagraph 7,a71 a retail food store shall submit to the ,secretary for approval a plan that includes-- 7i7 a method of ensuring that benefits may be used to purchase only eligible items under this ,act2 7ii7 a description of the method of educating participant households about the availability and operation of on-line purchasing2 7iii7 adequate testing of the on-line purchasing option prior to implementation2 7iv7 the provision of data as requested by the ,secretary for purposes of analyzing the impact of the project on participant access1 ease of use1 and program integrity2 7v7 reports on progress1 challenges1 and results1 as determined by the ,secretary2 and 7vi7 such other criteria1 including security criteria1 as established by the ,secretary4 7,c7 ,date of completion ,the demonstration projects under this paragraph shall be completed and final reports submitted to the ,secretary by not later than ,july #a1 #bjae4 7#e7 ,report to ,congress ,the ,secretary shall-- 7,a7 by not later than ,january #a1 #bjaf1 authorize implementation of paragraph 7#a7 in all ,states1 unless the ,secretary makes a finding1 based on the data provided under paragraph 7#d71 that implementation in all ,states is not in the best interest of the supplemental nutrition assistance program2 and 7,b7 if the determination made in subparagraph 7,a7 is not to implement in all ,states1 submit a report to the ,committee on ,agriculture of the ,house of ,representatives and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate that includes the basis of the finding4 4 7#b7 ,conforming amendments 7,a7 ,section #g7;b7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaf7;b77 is amended by striking purchase food in retail food stores and inserting purchase food from retail food stores4 7,b7 ,section #aj of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjai7 is amended in the first sentence by inserting retail food stores authorized to accept and redeem benefits through on-line transactions shall be authorized to accept benefits prior to the delivery of food if the delivery occurs within a reasonable time of the purchase1 as determined by the ,secretary1 after food so purchased14 7c7 ,savings clause ,nothing in this section or an amendment made by this section alter any requirements of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq47 unless specifically authorized in this section or an amendment made by this section4 #djjh4 ,use of benefits for purchase of community-supported agriculture share ,section #aj of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjai7 7as amended by section #djjg7;b77#b77;,b77 is amended in the first sentence by inserting agricultural producers who market agricultural products directly to consumers shall be authorized to redeem benefits for the initial cost of the purchase of a community-supported agriculture share for an appropriate time in advance of food delivery as determined by the ,secretary1 after as determined by the ,secretary14 #djji4 ,restaurant meals program 7a7 ,in general ,section #aa7;e7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjbj7;e77 is amended-- 7#a7 in paragraph 7#bb71 by striking and at the end2 7#b7 in paragraph 7#bc71 by striking the period at the end of subparagraph 7,c7 and inserting 2 and2 and 7#c7 by adding at the end the following3 7#bd7 if the ,state elects to carry out a program to contract with private establishments to offer meals at concessional prices1 as described in paragraphs #c1 #d1 and #i of section #c7k7-- 7,a7 the plans of the ,state agency for operating the program1 including-- 7i7 documentation of a need that eligible homeless1 elderly1 and disabled clients are underserved in a particular geographic area2 7ii7 the manner by which the ,state agency will limit participation to only those private establishments that the ,state determines necessary to meet the need identified in clause 7i72 and 7iii7 any other conditions the ,secretary may prescribe1 such as the level of security necessary to ensure that only eligible recipients participate in the program2 and 7,b7 a report by the ,state agency to the ,secretary annually1 the schedule of which shall be established by the ,secretary1 that includes-- 7i7 the number of households and individual recipients authorized to participate in the program1 including any information on whether the individual recipient is elderly1 disabled1 or homeless2 and 7ii7 an assessment of whether the program is meeting an established need1 as documented under subparagraph 7,a77i74 4 7b7 ,approval of retail food stores and wholesale food concerns ,section #i of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjah7 7as amended by section #djje7;d77#c77 is amended by adding at the end the following3 7h7 ,private establishments 7#a7 ,in general ,subject to paragraph 7#b71 no private establishment that contracts with a ,state agency to offer meals at concessional prices as described in paragraphs #c1 #d1 and #i of section #c7k7 may be authorized to accept and redeem benefits unless the ,secretary determines that the participation of the private establishment is required to meet a documented need in accordance with section #aa7;e77#bd74 7#b7 ,existing contracts 7,a7 ,in general ,if1 on the day before the date of enactment of this subsection1 a ,state has entered into a contract with a private establishment described in paragraph 7#a7 and the ,secretary has not determined that the participation of the private establishment is necessary to meet a documented need in accordance with section #aa7;e77#bd71 the ,secretary shall allow the operation of the private establishment to continue without that determination of need for a period not to exceed #ahj days from the date on which the ,secretary establishes determination criteria1 by regulation1 under section #aa7;e77#bd74 7,b7 ,justification ,if the ,secretary makes a determination to terminate a contract with a private establishment that is in effect on the date of enactment of this subsection1 the ,secretary shall provide justification to the ,state in which the private establishment is located for that termination4 7#c7 ,report to ,congress ,not later than #ij days after ,september #cj1 #bjac1 and #ij days after the last day of each fiscal year thereafter1 the ,secretary shall report to the ,committee on ,agriculture of the ,house of ,representatives and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate on the effectiveness of a program under this subsection using any information received from ,states under section #aa7;e77#bd7 as well as any other information the ,secretary may have relating to the manner in which benefits are used4 4 7c7 ,conforming amendments ,section #c7k7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjab7k77 is amended by inserting subject to section #i7;h7 after concessional prices each place it appears4 #djaj4 ,quality control error rate determination ,section #af7;c7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjbe7;c77 is amended by adding at the end the following3 7#aj7 ,tolerance level ,for the purposes of this subsection1 the ,secretary shall set the tolerance level for excluding small errors at #be4 4 #djaa4 ,performance bonus payments ,section #af7;d7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjbe7;d77 is amended by adding at the end the following3 7#e7 ,use of performance bonus payments ,a ,state agency may use a performance bonus payment received under this subsection only to carry out the program established under this ,act1 including investments in-- 7,a7 technology2 7,b7 improvements in administration and distribution2 and 7,c7 actions to prevent fraud1 waste1 and abuse4 4 #djab4 ,authorization of appropriations ,section #ah7;a77#a7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjbg7;a77#a77 is amended in the first sentence by striking #bjab and inserting #bjah4 #djac4 ,assistance for community food projects ,section #be of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjcd7 is amended-- 7#a7 in subsection 7a77#a77;,b77ii7-- 7,a7 by striking subclause 7,i72 and 7,b7 by redesignating subclauses 7,,ii7 and 7,,iii7 as subclauses 7,i7 and 7,,ii71 respectively2 and 7#b7 in subsection 7b71 by adding at the end the following3 7#c7 ,funding 7,a7 ,in general ,out of any funds in the ,treasury not otherwise appropriated1 the ,secretary of the ,treasury shall transfer to the ,secretary to carry out this section not less than #e1jjj1jjj for fiscal year #bjad and each fiscal year thereafter4 7,b7 ,receipt and acceptance ,the ,secretary shall be entitled to receive1 shall accept1 and shall use to carry out this section the funds transferred under subparagraph 7,a71 without further appropriation4 7,c7 ,maintenance of funding ,the funding provided under subparagraph 7,a7 shall supplement 7and not supplant7 other ,federal funding made available to the ,secretary to carry out this section4 4 #djad4 ,emergency food assistance 7a7 ,purchase of commodities ,section #bg7;a7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjcf7;a77 is amended-- 7#a7 in paragraph 7#a71 by striking #bjjh through #bjab and inserting #bjad through #bjah2 7#b7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,amounts ,the ,secretary shall use to carry out paragraph 7#a7-- 7,a7 for fiscal year #bjac1 #bfj1bej1jjj2 and 7,b7 for each subsequent fiscal year1 the dollar amount of commodities specified in subparagraph 7,a7 adjusted by the percentage by which the thrifty food plan has been adjusted under section #c7u77#d7 between ,june #cj1 #bjac1 and ,june #cj of the immediately preceding fiscal year1 and subsequently increased by-- 7i7 for fiscal year #bjad1 #bh1jjj1jjj2 7ii7 for fiscal year #bjae1 #dd1jjj1jjj2 7iii7 for fiscal year #bjaf1 #bd1jjj1jjj2 7iv7 for fiscal year #bjag1 #ah1jjj1jjj2 and 7v7 for fiscal year #bjah and each fiscal year thereafter1 #aj1jjj1jjj4 2 and 7#c7 by adding at the end the following3 7#c7 ,funds availability ,for purposes of the funds described in this subsection1 the ,secretary shall-- 7,a7 make the funds available for #b fiscal years2 and 7,b7 allow ,states to carry over unexpended balances to the next fiscal year pursuant to such terms and conditions as are determined by the ,secretary4 4 7b7 ,emergency food program infrastructure grants ,section #bji7;d7 of the ,emergency ,food ,assistance ,act of #aihc 7#g ,u4,s4,c4 #geaa;a7d77 is amended by striking #bjab and inserting #bjah4 #djae4 ,nutrition education ,section #bh7;b7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjcf;a7b77 is amended by inserting and physical activity after healthy food choices4 #djaf4 ,retail food store and recipient trafficking ,the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq47 is amended by adding at the end the following3 #bi4 ,retail food store and recipient trafficking 7a7 ,purpose ,the purpose of this section is to provide the ,department of ,agriculture with additional resources to prevent trafficking in violation of this ,act by strengthening recipient and retail food store program integrity4 7b7 ,use of funds ,additional funds are provided under this section to supplement the retail food store and recipient integrity activities of the ,department4 7c7 ,funding 7#a7 ,in general ,out of any funds in the ,treasury not otherwise appropriated1 the ,secretary of the ,treasury shall transfer to the ,secretary to carry out this section not less than #ah1ejj1jjj for fiscal year #bjad and each fiscal year thereafter4 7#b7 ,receipt and acceptance ,the ,secretary shall be entitled to receive1 shall accept1 and shall use to carry out this section the funds transferred under paragraph 7#a71 without further appropriation4 7#c7 ,maintenance of funding ,the funding provided under paragraph 7#a7 shall supplement 7and not supplant7 other ,federal funding for programs carried out under this ,act4 4 #djag4 ,technical and conforming amendments 7a7 ,section #c of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjab7 is amended-- 7#a7 in subsection 7g71 by striking coupon1 and inserting coupon2 7#b7 in subsection 7k77#g71 by striking or are and inserting and2 7#c7 by striking subsection 7l72 7#d7 by redesignating subsections 7m7 through 7t7 as subsections 7l7 through 7s71 respectively2 and 7#e7 by inserting after subsection 7s7 7as so redesignated7 the following3 7t7 ,supplemental nutrition assistance program means the program operated pursuant to this ,act4 4 7b7 ,section #d7;a7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjac7;a77 is amended in the last sentence by striking benefits and inserting ,benefits4 7c7 ,section #e of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjad7 is amended-- 7#a7 in the last sentence of subsection 7i77#b77;,d71 by striking section #ac7;b77#b7 and inserting section #ac7;b72 and 7#b7 in subsection 7k77#d77;,a71 by striking paragraph 7#b77;,h7 and inserting paragraph 7#b77;,g74 7d7 ,section #f7;d77#d7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjae7;d77#d77 is amended in subparagraphs 7,b77vii7 and 7,f77iii7 by indenting both clauses appropriately4 7e7 ,section #g7;h7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaf7;h77 is amended by redesignating the second paragraph 7#ab7 7relating to interchange fees7 as paragraph 7#ac74 7f7 ,section #i7;a7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjah7;a77 is amended by indenting paragraph 7#c7 appropriately4 7g7 ,section #ab of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjba7 is amended-- 7#a7 in subsection 7b77#c77;,c71 by striking civil money penalties and inserting civil penalties2 and 7#b7 in subsection 7g77#a71 by striking 7#g ,u4,s4,c4 #aghf7 and inserting 7#db ,u4,s4,c4 #aghf74 7h7 ,section #ae7;b77#a7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjbd7;b77#a77 is amended in the first sentence by striking an benefit and inserting a benefit4 7i7 ,section #af7;a7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjbe7;a77 is amended in the proviso following paragraph 7#h7 by striking as amended44 7j7 ,section #ah7;e7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjbg7;e77 is amended in the first sentence by striking sections #g7;f7 and inserting section #g7;f74 7k7 ,section #bb7;b77#aj77;,b77i7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjca7;b77#aj77;,b77i77 is amended in the last sentence by striking ,food benefits and inserting ,benefits4 7l7 ,section #bf7;f77#c77;,c7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjce7;f77#c77;,c77 is amended by striking subsection and inserting subsections4 7m7 ,section #bg7;a77#a7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjcf7;a77#a77 is amended by striking 7,public ,law #ih-h2 #g ,u4,s4,c4 #fab;c note7 and inserting 7#g ,u4,s4,c4 #geae74 7n7 ,section #eji of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjef;g7 is amended in the section heading by striking food stamp programs and inserting supplemental nutrition assistance programs4 7o7 ,section #daae7;c77#b77;,h7 of the ,food1 ,conservation1 and ,energy ,act of #bjjh 7,public ,law #aaj-bdf2 #abb ,stat4 #ahga7 is amended by striking #eca and inserting #ded4 ,b ,commodity distribution programs #daja4 ,commodity distribution program ,section #d7;a7 of the ,agriculture and ,consumer ,protection ,act of #aigc 7#g ,u4,s4,c4 #fab;c note2 ,public ,law #ic-hf7 is amended in the first sentence by striking #bjab and inserting #bjah4 #dajb4 ,commodity supplemental food program ,section #e of the ,agriculture and ,consumer ,protection ,act of #aigc 7#g ,u4,s4,c4 #fab;c note2 ,public ,law #ic-hf7 is amended-- 7#a7 in paragraphs 7#a7 and 7#b77;,b7 of subsection 7a71 by striking #bjab each place it appears and inserting #bjah2 7#b7 in the first sentence of subsection 7d77#b71 by striking #bjab and inserting #bjah2 7#c7 by striking subsection 7g7 and inserting the following3 7g7 ,eligibility ,except as provided in subsection 7m71 the ,states shall only provide assistance under the commodity supplemental food program to low-income persons aged #fj and older4 2 and 7#d7 by adding at the end the following3 7m7 ,phase-,out ,notwithstanding any other provision of law1 an individual who receives assistance under the commodity supplemental food program on the day before the date of enactment of this subsection shall continue to receive that assistance until the date on which the individual is no longer eligible for assistance under the eligibility requirements for the program in effect on the day before the date of enactment of this subsection4 4 #dajc4 ,distribution of surplus commodities to special nutrition projects ,section #aaad7;a77#b77;,a7 of the ,agriculture and ,food ,act of #aiha 7#g ,u4,s4,c4 #adca;e7#b77;,a77 is amended in the first sentence by striking #bjab and inserting #bjah4 #dajd4 ,technical and conforming amendments ,section #c of the ,commodity ,distribution ,reform ,act and ,,wic ,amendments of #aihg 7#g ,u4,s4,c4 #fab;c note2 ,public ,law #ajj-bcg7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#b71 by striking subparagraph 7,b7 and inserting the following3 7,b7 the program established under section #d7;b7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjac7;b772 2 and 7,b7 in paragraph 7#c77;,d71 by striking the ,committee on ,education and ,labor and inserting the ,committee on ,education and the ,workforce2 7#b7 in subsection 7b77#a77;,a77ii71 by striking section #cb of the ,agricultural ,adjustment ,act 7#g ,u4,s4,c4 #fja et seq47 and inserting section #cb of the ,act of ,august #bd1 #aice 7#g ,u4,s4,c4 #fab;c72 7#c7 in subsection 7e77#a77;,d77iii71 by striking subclause 7,,ii7 and inserting the following3 7,,ii7 the program established under section #d7;b7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjac7;b772 2 and 7#d7 in subsection 7k71 by striking the ,committee on ,education and ,labor and inserting the ,committee on ,education and the ,workforce4 ,c ,miscellaneous #dbja4 ,purchase of fresh fruits and vegetables for distribution to schools and service institutions ,section #ajfjc7;b7 of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #fab;c-#d7;b77 is amended by striking #bjab and inserting #bjah4 #dbjb4 ,seniors farmers' market nutrition program ,section #ddjb7;a7 of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #cjjg7;a77 is amended by striking #bjab and inserting #bjah4 #dbjc4 ,nutrition information and awareness pilot program ,section #ddjc of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #caga note2 ,public ,law #ajg-aga7 is repealed4 #dbjd4 ,whole grain products ,section #dcje of the ,food1 ,conservation1 and ,energy ,act of #bjjh 7#db ,u4,s4,c4 #agee;a7 is amended-- 7#a7 in subsection 7a71 by striking #bjje and inserting #bjaj2 7#b7 in subsection 7d71 by striking #bjaa and inserting #bjae2 7#c7 in subsection 7e71 by striking ,labor of the ,house of ,representative and inserting the ,workforce of the ,house of ,representatives2 and 7#d7 by adding at the end the following3 7f7 ,funding 7#a7 ,in general ,on ,october #a1 #bjac1 out of any funds in the ,treasury not otherwise appropriated1 the ,secretary of the ,treasury shall transfer to the ,secretary to carry out this section #aj1jjj1jjj for the period of fiscal years #bjad through #bjae4 7#b7 ,receipt and acceptance ,the ,secretary shall be entitled to receive1 shall accept1 and shall use to carry out this section the funds transferred under paragraph 7#a71 without further appropriation4 7#c7 ,maintenance of funding ,the funding provided under paragraph 7#a7 shall supplement 7and not supplant7 other ,federal funding 7including funds made available under section #cb of the ,act of ,august #bd1 #aice 7#g ,u4,s4,c4 #fab;c77 for programs carried out under-- 7,a7 the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea et seq471 except for section #ai of that ,act 7#db ,u4,s4,c4 #agfi;a72 7,b7 the ,emergency ,food ,assistance ,act of #aihc 7#g ,u4,s4,c4 #geja et seq472 and 7,c7 section #bg of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjcf74 4 #dbje4 ,hunger-free communities ,section #ddje of the ,food1 ,conservation1 and ,energy ,act of #bjjh 7#g ,u4,s4,c4 #geag7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,eligible entity 7,a7 ,collaborative grants ,in subsection 7b71 the term eligible entity means a public food program service provider or nonprofit organization1 including an emergency feeding organization1 that has collaborated or will collaborate with #a or more local partner organizations to achieve at least #a hunger-free communities goal4 7,b7 ,incentive grants ,in subsection 7c71 the term eligible entity means a nonprofit organization 7including an emergency feeding organization71 an agricultural cooperative1 producer network or association1 community health organization1 public benefit corporation1 economic development corporation1 farmers' market1 community-supported agriculture program1 buying club1 supplemental nutrition assistance program retail food store1 a ,state1 local1 or tribal agency1 and any other entity the ,secretary designates4 2 7,b7 by adding at the end the following3 7#d7 ,supplemental nutrition assistance program ,the term supplemental nutrition assistance program means the supplemental nutrition assistance program established under the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq474 7#e7 ,underserved community ,the term underserved community has the meaning given the term in section #be of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjcd74 2 7#b7 in subsection 7b77#a77;,a71 by striking not more than #ej percent of any funds made available under subsection 7e7 and inserting funds made available under subsection 7d77#a72 and 7#c7 by striking subsections 7c71 7d71 and 7e7 and inserting the following3 7c7 ,hunger-,free communities incentive grants 7#a7 ,authorization 7,a7 ,in general ,in each of the years specified in subsection 7d71 the ,secretary shall make grants to eligible entities in accordance with paragraph 7#b74 7,b7 ,federal share ,the ,federal share of the cost of carrying out an activity under this subsection shall not exceed #ej percent of the total cost of the activity4 7,c7 ,non-,federal share 7i7 ,in general ,the non-,federal share of the cost of an activity under this subsection may be provided-- 7,i7 in cash or in-kind contributions as determined by the ,secretary1 including facilities1 equipment1 or services2 and 7,,ii7 by a ,state or local government or a private source4 7ii7 ,limitation ,in the case of a for-profit entity1 the non-,federal share described in clause 7i7 shall not include services of an employee1 including salaries paid or expenses covered by the employer4 7#b7 ,criteria 7,a7 ,in general ,for purposes of this subsection1 an eligible entity is a governmental agency or nonprofit organization that-- 7i7 meets the application criteria set forth by the ,secretary2 and 7ii7 proposes a project that1 at a minimum-- 7,i7 has the support of the ,state agency2 7,,ii7 would increase the purchase of fruits and vegetables by low-income consumers participating in the supplemental nutrition assistance program by providing incentives at the point of purchase2 7,,iii7 agrees to participate in the evaluation described in paragraph 7#d72 7,,iv7 ensures that the same terms and conditions apply to purchases made by individuals with benefits issued under this ,act and incentives provided for in this subsection as apply to purchases made by individuals who are not members of households receiving benefits1 such as provided for in section #bgh4b7;b7 of title #g1 ,code of ,federal ,regulations 7or a successor regulation72 and 7,v7 includes effective and efficient technologies for benefit redemption systems that may be replicated in other for ,states and communities4 7,b7 ,priority ,in awarding grants under this section1 the ,secretary shall give priority to projects that-- 7i7 maximize the share of funds used for direct incentives to participants2 7ii7 use direct-to-consumer sales marketing2 7iii7 demonstrate a track record of designing and implementing successful nutrition incentive programs that connect low-income consumers and agricultural producers2 7iv7 provide locally or regionally produced fruits and vegetables2 7v7 are located in underserved communities2 or 7vi7 address other criteria as established by the ,secretary4 7#c7 ,applicability 7,a7 ,in general ,the value of any benefit provided to a participant in any activity funded under this subsection shall not be considered income or resources for any purpose under any ,federal1 ,state1 or local law4 7,b7 ,prohibition on collection of sales taxes ,each ,state shall ensure that no ,state or local tax is collected on a purchase of food under this subsection4 7,c7 ,no limitation on benefits ,a grant made available under this subsection shall not be used to carry out any project that limits the use of benefits under the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq47 or any other ,federal nutrition law4 7,d7 ,household allotment ,assistance provided under this subsection to households receiving benefits under the supplemental nutrition assistance program shall not-- 7i7 be considered part of the supplemental nutrition assistance program benefits of the household2 or 7ii7 be used in the collection or disposition of claims under section #ac of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjbb74 7#d7 ,evaluation 7,a7 ,independent evaluation ,the ,secretary shall provide for an independent evaluation of projects selected under this subsection that measures the impact of each project on-- 7i7 improving the nutrition and health status of participating households receiving incentives under this subsection2 and 7ii7 increasing fruit and vegetable purchases in participating households4 7,b7 ,requirement ,the independent evaluation under subparagraph 7,a7 shall use rigorous methodologies capable of producing scientifically valid information regarding the effectiveness of a project4 7,c7 ,costs ,the ,secretary may use funds not to exceed #aj percent of the funding provided to carry out this section to pay costs associated with administering1 monitoring1 and evaluating each project4 7d7 ,funding 7#a7 ,authorization of appropriations ,there is authorized to be appropriated to carry out subsection 7b7 #e1jjj1jjj for each of fiscal years #bjad through #bjah4 7#b7 ,mandatory ,funding ,of the funds of the ,commodity ,credit ,corporation1 the ,secretary shall use to carry out subsection 7c7-- 7,a7 #ae1jjj1jjj for fiscal year #bjad2 7,b7 #bj1jjj1jjj for each of fiscal years #bjae through #bjag2 and 7,c7 #be1jjj1jjj for fiscal year #bjah4 4 #dbjf4 ,healthy ,food ,financing ,initiative 7a7 ,in general ,subtitle ,d of title ,,ii of the ,department of ,agriculture ,reorganization ,act of #aiid 7#g ,u4,s4,c4 #fiea et seq47 is amended by adding at the end the following3 #bdb4 ,healthy ,food ,financing ,initiative 7a7 ,purpose ,the purpose of this section is to enhance the authorities of the ,secretary to support efforts to provide access to healthy food by establishing an initiative to improve access to healthy foods in underserved areas1 to create and preserve quality jobs1 and to revitalize low-income communities by providing loans and grants to eligible fresh1 healthy food retailers to overcome the higher costs and initial barriers to entry in underserved areas4 7b7 ,definitions ,in this section3 7#a7 ,community development financial institution ,the term community development financial institution has the meaning given the term in section #ajc of the ,community ,development ,banking and ,financial ,institutions ,act of #aiid 7#ab ,u4,s4,c4 #dgjb74 7#b7 ,initiative ,the term ,initiative means the ,healthy ,food ,financing ,initiative established under subsection 7c77#a74 7#c7 ,national fund manager ,the term national fund manager means a community development financial institution that is-- 7,a7 in existence on the date of enactment of this section2 and 7,b7 certified by the ,community ,development ,financial ,institution ,fund of the ,department of the ,treasury to manage the ,initiative for purposes of-- 7i7 raising private capital2 7ii7 providing financial and technical assistance to partnerships2 and 7iii7 funding eligible projects to attract fresh1 healthy food retailers to underserved areas1 in accordance with this section4 7#d7 ,partnership ,the term partnership means a regional1 ,state1 or local public-private partnership that-- 7,a7 is organized to improve access to fresh1 healthy foods2 7,b7 provides financial and technical assistance to eligible projects2 and 7,c7 meets such other criteria as the ,secretary may establish4 7#e7 ,perishable food ,the term perishable food means a staple food that is fresh1 refrigerated1 or frozen4 7#f7 ,quality job ,the term quality job means a job that provides wages and other benefits comparable to1 or better than1 similar positions in existing businesses of similar size in similar local economies4 7#g7 ,staple food 7,a7 ,in general ,the term staple food means food that is a basic dietary item4 7,b7 ,inclusions ,the term staple food includes-- 7i7 bread2 7ii7 flour2 7iii7 fruits2 7iv7 vegetables2 and 7v7 meat4 7c7 ,initiative 7#a7 ,establishment ,the ,secretary shall establish an initiative to achieve the purpose described in subsection 7a7 in accordance with this subsection4 7#b7 ,implementation 7,a7 ,in general 7i7 ,in general ,in carrying out the ,initiative1 the ,secretary shall provide funding to entities with eligible projects1 as described in subparagraph 7,b71 subject to the priorities described in subparagraph 7,c74 7ii7 ,use of funds ,funds provided to an entity pursuant to clause 7i7 shall be used-- 7,i7 to create revolving loan pools of capital or other products to provide loans to finance eligible projects or partnerships2 7,,ii7 to provide grants for eligible projects or partnerships2 7,,iii7 to provide technical assistance to funded projects and entities seeking ,initiative funding2 and 7,,iv7 to cover administrative expenses of the national fund manager in an amount not to exceed #aj percent of the ,federal funds provided4 7,b7 ,eligible projects ,subject to the approval of the ,secretary1 the national fund manager shall establish eligibility criteria for projects under the ,initiative1 which shall include the existence or planned execution of agreements-- 7i7 to expand or preserve the availability of staple foods in underserved areas with moderate- and low-income populations by maintaining or increasing the number of retail outlets that offer an assortment of perishable food and staple food items1 as determined by the ,secretary1 in those areas2 and 7ii7 to accept benefits under the supplemental nutrition assistance program established under the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq474 7,c7 ,priorities ,in carrying out the ,initiative1 priority shall be given to projects that-- 7i7 are located in severely distressed low-income communities1 as defined by the ,community ,development ,financial ,institutions ,fund of the ,department of the ,treasury2 and 7ii7 include #a or more of the following characteristics3 7,i7 ,the project will create or retain quality jobs for low-income residents in the community4 7,,ii7 ,the project supports regional food systems and locally grown foods1 to the maximum extent practicable4 7,,iii7 ,in areas served by public transit1 the project is accessible by public transit4 7,,iv7 ,the project involves women- or minority-owned businesses4 7,v7 ,the project receives funding from other sources1 including other ,federal agencies4 7,,vi7 ,the project otherwise advances the purpose of this section1 as determined by the ,secretary4 7d7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #abe1jjj1jjj1 to remain available until expended4 4 7b7 ,conforming amendment ,section #bif7;b7 of the ,department of ,agriculture ,reorganization ,act of #aiid 7#g ,u4,s4,c4 #gjad7;b77 7as amended by section #afji7;d77 is amended-- 7#a7 in paragraph 7#g71 by striking or at the end2 7#b7 in paragraph 7#h71 by striking the period at the end and inserting 2 or2 and 7#c7 by adding at the end the following3 7#i7 the authority of the ,secretary to establish and carry out the ,health ,food ,financing ,initiative under section #bdb4 4 #dbjg4 ,pulse crop products 7a7 ,purpose ,the purpose of this section is to encourage greater awareness and interest in the number and variety of pulse crop products available to schoolchildren1 as recommended by the most recent ,dietary ,guidelines for ,americans published under section #cja of the ,national ,nutrition ,monitoring and ,related ,research ,act of #aiij 7#g ,u4,s4,c4 #ecda74 7b7 ,definitions ,in this section3 7#a7 ,eligible pulse crop ,the term eligible pulse crop means dry beans1 dry peas1 lentils1 and chickpeas4 7#b7 ,pulse crop product ,the term pulse crop product means a food product derived in whole or in part from an eligible pulse crop4 7c7 ,purchase of pulse crops and pulse crop products ,in addition to the commodities delivered under section #f of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agee71 the ,secretary shall purchase eligible pulse crops and pulse crop products for use in-- 7#a7 the school lunch program established under the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea et seq472 and 7#b7 the school breakfast program established by section #d of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aggc74 7d7 ,evaluation ,not later than ,september #cj1 #bjaf1 the ,secretary shall conduct an evaluation of the activities conducted under subsection 7c71 including-- 7#a7 an evaluation of whether children participating in the school lunch and breakfast programs described in subsection 7c7 increased overall consumption of eligible pulse crops as a result of the activities2 7#b7 an evaluation of which eligible pulse crops and pulse crop products are most acceptable for use in the school lunch and breakfast programs2 7#c7 any recommendations of the ,secretary regarding the integration of the use of pulse crop products in carrying out the school lunch and breakfast programs2 7#d7 an evaluation of any change in the nutrient composition in the school lunch and breakfast programs due to the activities2 and 7#e7 an evaluation of any other outcomes determined to be appropriate by the ,secretary4 7e7 ,report ,as soon as practicable after the completion of the evaluation under subsection 7d71 the ,secretary shall submit to the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate and the ,committee on ,education and the ,workforce of the ,house of ,representative a report describing the results of the evaluation4 7f7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #aj1jjj1jjj1 to remain available until expended4 #dbjh4 ,dietary ,guidelines for ,americans ,section #cja7;a7 of the ,national ,nutrition ,monitoring and ,related ,research ,act of #aiij 7#g ,u4,s4,c4 #ecda7;a77 is amended by adding at the end the following3 7#c7 ,pregnant women and young children ,not later than the #bjbj report and in each report thereafter1 the ,secretaries shall include national nutritional and dietary information and guidelines for pregnant women and children from birth until the age of #b4 4 #dbji4 ,purchases of locally produced foods ,section #i7;j7 of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #ageh7;j77 is amended-- 7#a7 by redesignating paragraphs 7#a7 through 7#c7 as subparagraphs 7,a7 through 7,c71 respectively1 and indenting the subparagraphs appropriately2 7#b7 by striking ,the ,secretary and inserting the following3 7#a7 ,in general ,the ,secretary 2 7#c7 in paragraph 7#a7 7as so redesignated7-- 7,a7 in subparagraph 7,b7-- 7i7 by striking paragraph 7#a7 of the policy described in that paragraph and paragraph 7#c7 and inserting subparagraph 7,a7 of the policy described in that subparagraph and subparagraph 7,c72 and 7ii7 by striking and at the end2 7,b7 in subparagraph 7,c71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7,d7 not later than #a year after the date of enactment of this subparagraph1 in accordance with paragraphs 7#b7 and 7#c71 conduct not fewer than #e demonstration projects through school food authorities receiving funds under this ,act and the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #agga et seq47 to facilitate the purchase of unprocessed and minimally processed locally grown and locally raised agricultural products4 2 and 7#d7 by adding at the end the following3 7#b7 ,selection ,in conducting demonstration projects under paragraph 7#a77;,d71 the ,secretary shall ensure that at least #a project is located in a ,state in each of-- 7,a7 the ,pacific ,northwest ,region2 7,b7 the ,northeast ,region2 7,c7 the ,western ,region2 7,d7 the ,midwest ,region2 and 7,e7 the ,southern ,region4 7#c7 ,priority ,in selecting ,states for participation in the demonstration projects under paragraph 7#b71 the ,secretary shall prioritize applications based on-- 7,a7 the quantity and variety of growers of local fruits and vegetables in the ,state2 7,b7 the demonstrated commitment of the ,state to farm-to-school efforts1 as evidenced by prior efforts to increase and promote farm-to- school programs in the ,state2 and 7,c7 whether the ,state contains a sufficient quantity of school districts of varying population sizes and geographical locations4 4 ,v ,credit ,a ,farmer loans1 servicing1 and other assistance under the ,consolidated ,farm and ,rural ,development ,act #ejja4 ,farmer loans1 servicing1 and other assistance under the ,consolidated ,farm and ,rural ,development ,act ,the ,consolidated ,farm and ,rural ,development ,act 7as amended by section #fjja7 is amended by inserting after section #cjjb the following3 ,a ,farmer loans1 servicing1 and other assistance #a ,farm ownership loans #caja4 ,farm ownership loans 7a7 ,in general ,the ,secretary may make or guarantee a farm ownership loan under this chapter to an eligible farmer4 7b7 ,eligibility ,a farmer shall be eligible under subsection 7a7 only-- 7#a7 if the farmer1 or1 in the case of an entity1 #a or more individuals holding a majority interest in the farmer-- 7,a7 is a citizen of the ,united ,states2 and 7,b7 in the case of a direct loan1 has training or farming experience that the ,secretary determines is sufficient to ensure a reasonable prospect of success in the farming operation proposed by the farmer2 7#b7 7,a7 in the case of a farmer that is an individual1 if the farmer is or proposes to become an owner and operator of a farm that is not larger than a family farm2 or 7,b7 in the case of a lessee-operator of a farm located in the ,state of ,hawaii1 if the ,secretary determines that-- 7i7 the farm is not larger than a family farm2 7ii7 the farm cannot be acquired in fee simple by the lessee-operator2 7iii7 adequate security is provided for the loan with respect to the farm for which the lessee-operator applies under this chapter2 and 7iv7 there is a reasonable probability of accomplishing the objectives and repayment of the loan2 7#c7 in the case of a farmer that is a cooperative1 corporation1 partnership1 trust1 limited liability company1 joint operation1 or such other legal entity as the ,secretary determines to be appropriate1 with respect to the entity and each farm in which the entity has an ownership or operator interest-- 7,a7 if-- 7i7 a majority interest is held by individuals who are related by blood or marriage1 as defined by the ,secretary2 7ii7 all of the individuals are or propose to become owners or operators of a farm that is not larger than a family farm2 and 7iii7 at least #a of the individuals is or proposes to become an operator of the farm2 or 7,b7 if-- 7i7 the entire interest is held by individuals who are related by blood or marriage1 as defined by the ,secretary2 7ii7 all of the individuals are or propose to become farm operators2 and 7iii7 the ownership interest of each individual separately constitutes not larger than a family farm1 even if the ownership interests of the individuals collectively constitute larger than a family farm2 7#d7 in the case of an entity that is1 or will become within a reasonable period of time1 as determined by the ,secretary1 only the operator of a family farm1 if the #a or more individuals who are the owners of the family farm own-- 7,a7 a percentage of the family farm that exceeds #ej percent2 or 7,b7 such other percentage as the ,secretary determines to be appropriate2 7#e7 in the case of an operator described in paragraph 7#c7 that is owned1 in whole or in part1 by #a or more other entities1 if each of the individuals that have a direct or indirect ownership interest in such other entities also have a direct ownership interest in the entity applying as an individual2 and 7#f7 if the farmer and each individual that holds a majority interest in the farmer is unable to obtain credit elsewhere4 7c7 ,direct loans 7#a7 ,in general ,subject to paragraph 7#b71 the ,secretary may make a direct loan under this chapter only to a farmer who has participated in business operations of a farm for not less than #c years 7or has other acceptable experience for a period of time determined by the ,secretary7 and-- 7,a7 is a qualified beginning farmer2 7,b7 has not received a previous direct farm ownership loan made under this chapter2 or 7,c7 has not received a direct farm ownership loan under this chapter more than #aj years before the date on which the new loan would be made4 7#b7 ,youth loans ,the operation of an enterprise by a youth under section #cbja7;d7 shall not be considered the operation of a farm for purposes of paragraph 7#a74 #cajb4 ,purposes of loans 7a7 ,allowed purposes 7#a7 ,direct loans ,a farmer may use a direct loan made under this chapter only-- 7,a7 to acquire or enlarge a farm2 7,b7 to make capital improvements to a farm2 7,c7 to pay loan closing costs related to acquiring1 enlarging1 or improving a farm2 7,d7 to pay for activities to promote soil and water conservation and protection described in section #cajc on a farm2 or 7,e7 to refinance a temporary bridge loan made by a commercial or cooperative lender to a farmer for the acquisition of land for a farm1 if-- 7i7 the ,secretary approved an application for a direct farm ownership loan to the farmer for acquisition of the land2 and 7ii7 funds for direct farm ownership loans under section #cbja7;a7 were not available at the time at which the application was approved4 7#b7 ,guaranteed loans ,a farmer may use a loan guaranteed under this chapter only-- 7,a7 to acquire or enlarge a farm2 7,b7 to make capital improvements to a farm2 7,c7 to pay loan closing costs related to acquiring1 enlarging1 or improving a farm2 7,d7 to pay for activities to promote soil and water conservation and protection described in section #cajc on a farm2 or 7,e7 to refinance indebtedness4 7b7 ,preferences ,in making or guaranteeing a loan under this chapter for purchase of a farm1 the ,secretary shall give preference to a person who-- 7#a7 has a dependent family2 7#b7 to the extent practicable1 is able to make an initial down payment on the farm2 or 7#c7 is an owner of livestock or farm equipment that is necessary to successfully carry out farming operations4 7c7 ,hazard insurance requirement ,the ,secretary may not make a loan to a farmer under this chapter unless the farmer has1 or agrees to obtain1 hazard insurance on any real property to be acquired or improved with the loan4 #cajc4 ,conservation loan and loan guarantee program 7a7 ,in general ,the ,secretary may make or guarantee qualified conservation loans to eligible borrowers under this section4 7b7 ,definitions ,in this section3 7#a7 ,conservation plan ,the term conservation plan means a plan1 approved by the ,secretary1 that1 for a farming operation1 identifies the conservation activities that will be addressed with loan funds provided under this section1 including-- 7,a7 the installation of conservation structures to address soil1 water1 and related resources2 7,b7 the establishment of forest cover for sustained yield timber management1 erosion control1 or shelter belt purposes2 7,c7 the installation of water conservation measures2 7,d7 the installation of waste management systems2 7,e7 the establishment or improvement of permanent pasture2 7,f7 compliance with section #abab of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chab72 and 7,g7 other purposes consistent with the plan1 including the adoption of any other emerging or existing conservation practices1 techniques1 or technologies approved by the ,secretary4 7#b7 ,qualified conservation loan ,the term qualified conservation loan means a loan1 the proceeds of which are used to cover the costs to the borrower of carrying out a qualified conservation project4 7#c7 ,qualified conservation project ,the term qualified conservation project means conservation measures that address provisions of a conservation plan of the eligible borrower4 7c7 ,eligibility 7#a7 ,in general ,the ,secretary may make or guarantee loans to farmers4 7#b7 ,requirements ,to be eligible for a loan under this section1 applicants shall meet the citizenship and training and experience requirements of section #caja7;b74 7d7 ,priority ,in making or guaranteeing loans under this section1 the ,secretary shall give priority to-- 7#a7 qualified beginning farmers and socially disadvantaged farmers2 7#b7 owners or tenants who use the loans to convert to sustainable or organic agricultural production systems2 and 7#c7 producers who use the loans to build conservation structures or establish conservation practices to comply with section #abab of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chab74 7e7 ,limitations applicable to loan guarantees ,the portion of a loan that the ,secretary may guarantee under this section shall not exceed #ge percent of the principal amount of the loan4 7f7 ,administrative provisions ,the ,secretary shall ensure1 to the maximum extent practicable1 that loans made or guaranteed under this section are distributed across diverse geographic regions4 7g7 ,credit eligibility ,the provisions of paragraphs 7#a7 and 7#c7 of section #cdjf7;a7 shall not apply to loans made or guaranteed under this section4 7h7 ,authorization of appropriations ,for each of fiscal years #bjac through #bjah1 there are authorized to be appropriated to the ,secretary such sums as are necessary to carry out this section4 #cajd4 ,loan maximums 7a7 ,maximum 7#a7 ,in general ,the ,secretary shall make or guarantee no loan under sections #caja1 #cajb1 #cajc1 #cajf1 and #cajg that would cause the unpaid indebtedness under those sections of any #a borrower to exceed the lesser of-- 7,a7 the value of the farm or other security1 or 7,b7 7i7 in the case of a loan made by the ,secretary1 #cjj1jjj2 or 7ii7 in the case of a loan guaranteed by the ,secretary1 #gjj1jjj 7as modified under paragraph 7#b774 7#b7 ,modification ,the amount specified in paragraph 7#a77;,b77ii7 shall be-- 7,a7 increased1 beginning with fiscal year #bjjj1 by the inflation percentage applicable to the fiscal year in which the loan is guaranteed2 and 7,b7 reduced by the amount of any unpaid indebtedness of the borrower on loans under chapter #b that are guaranteed by the ,secretary4 7b7 ,determination of value ,in determining the value of the farm1 the ,secretary shall consider appraisals made by competent appraisers under rules established by the ,secretary4 7c7 ,inflation percentage ,for purposes of this section1 the inflation percentage applicable to a fiscal year is the percentage 7if any7 by which-- 7#a7 the average of the ,prices ,paid ,by ,farmers ,index 7as compiled by the ,national ,agricultural ,statistics ,service of the ,department7 for the #ab-month period ending on ,august #ca of the immediately preceding fiscal year2 exceeds 7#b7 the average of that index 7as so defined7 for the #ab-month period ending on ,august #ca1 #aiif4 #caje4 ,repayment requirements for farm ownership loans 7a7 ,period for repayment ,the period for repayment of a loan under this chapter shall not exceed #dj years4 7b7 ,interest rates 7#a7 ,in general ,except as otherwise provided in this title1 the interest rate on a loan under this chapter shall be determined by the ,secretary at a rate-- 7,a7 not to exceed the sum obtained by adding-- 7i7 the current average market yield on outstanding marketable obligations of the ,united ,states with remaining periods to maturity comparable to the average maturity of the loan2 and 7ii7 an amount not to exceed #a percent1 as determined by the ,secretary2 and 7,b7 adjusted to the nearest #a_/h of #a percent4 7#b7 ,low income farm ownership loans ,except as provided in paragraph 7#c71 the interest rate on a loan 7other than a guaranteed loan7 under section #cajf shall be determined by the ,secretary at a rate that is-- 7,a7 not greater than the sum obtained by adding-- 7i7 an amount that does not exceed #a_/b of the current average market yield on outstanding marketable obligations of the ,united ,states with maturities of #e years2 and 7ii7 an amount not to exceed #a percent per year1 as the ,secretary determines is appropriate2 and 7,b7 not less than #e percent per year4 7#c7 ,joint financing arrangement ,if a direct farm ownership loan is made under this chapter as part of a joint financing arrangement and the amount of the direct farm ownership loan does not exceed #ej percent of the total principal amount financed under the arrangement1 the interest rate on the direct farm ownership loan shall be at least #d percent annually4 7#d7 ,guaranteed loans ,the interest rate on a loan made under this chapter as a guaranteed loan shall be such rate as may be agreed on by the borrower and the lender1 but not in excess of any rate determined by the ,secretary4 7c7 ,payment of charges ,a borrower of a loan made or guaranteed under this chapter shall pay such fees and other charges as the ,secretary may require1 and prepay to the ,secretary such taxes and insurance as the ,secretary may require1 on such terms and conditions as the ,secretary may prescribe4 7d7 ,security 7#a7 ,in general ,the ,secretary shall take as security for an obligation entered into in connection with a loan1 a mortgage on a farm with respect to which the loan is made or such other security as the ,secretary may require4 7#b7 ,liens to united states ,an instrument for security under paragraph 7#a7 may constitute a lien running to the ,united ,states notwithstanding the fact that the note for the security may be held by a lender other than the ,united ,states4 7#c7 ,multiple loans ,a borrower may use the same collateral to secure #b or more loans made or guaranteed under this chapter1 except that the outstanding amount of the loans may not exceed the total value of the collateral4 7e7 ,mineral rights as collateral 7#a7 ,in general ,in the case of a farm ownership loan made after ,december #bc1 #aihe1 unless appraised values of the rights to oil1 gas1 or other minerals are specifically included as part of the appraised value of collateral securing the loan1 the rights to oil1 gas1 or other minerals located under the property shall not be considered part of the collateral securing the loan4 7#b7 ,compensatory payments ,nothing in this subsection prevents the inclusion of1 as part of the collateral securing the loan1 any payment or other compensation the borrower may receive for damages to the surface of the collateral real estate resulting from the exploration for or recovery of minerals4 7f7 ,additional collateral ,the ,secretary may not-- 7#a7 require any borrower to provide additional collateral to secure a farmer program loan made or guaranteed under this subtitle1 if the borrower is current in the payment of principal and interest on the loan2 or 7#b7 bring any action to foreclose1 or otherwise liquidate1 the loan as a result of the failure of a borrower to provide additional collateral to secure the loan1 if the borrower was current in the payment of principal and interest on the loan at the time the additional collateral was requested4 #cajf4 ,limited-resource loans 7a7 ,in general ,the ,secretary may make or guarantee a limited-resource loan for any of the purposes specified in sections #cajb7;a7 or #cajc7;a7 to a farmer in the ,united ,states who-- 7#a7 in the case of an entity1 all members1 stockholders1 or partners are eligible under section #caja7;b72 7#b7 has a low income2 and 7#c7 demonstrates a need to maximize the income of the farmer from farming operations4 7b7 ,installments ,a loan made or guaranteed under this section shall be repayable in such installments as the ,secretary determines will provide for reduced payments during the initial repayment period of the loan and larger payments during the remainder of the repayment period of the loan4 7c7 ,interest rates ,except as provided in section #caje7;b77#c7 and in section #cbjd7;b77#c71 the interest rate on loans 7other than guaranteed loans7 under this section shall not be-- 7#a7 greater than the sum obtained by adding-- 7,a7 an amount that does not exceed #a_/b of the current average market yield on outstanding marketable obligations of the ,united ,states with maturities of #e years2 and 7,b7 an amount not exceeding #a percent per year1 as the ,secretary determines is appropriate2 or 7#b7 less than #e percent per year4 #cajg4 ,downpayment loan program 7a7 ,in general 7#a7 ,establishment ,notwithstanding any other provision of this chapter1 the ,secretary shall establish1 under the farm ownership loan program established under this chapter1 a program under which loans shall be made under this section to a qualified beginning farmer or a socially disadvantaged farmer for a downpayment on a farm ownership loan4 7#b7 ,coordination ,the ,secretary shall be the primary coordinator of credit supervision for the downpayment loan program established under this section1 in consultation with a commercial or cooperative lender and1 if applicable1 a contracting credit counseling service selected under section #cdbj7;c74 7b7 ,loan terms 7#a7 ,principal ,each loan made under this section shall be in an amount that does not exceed #de percent of the lesser of-- 7,a7 the purchase price of the farm to be acquired2 7,b7 the appraised value of the farm to be acquired2 or 7,c7 #ffg1jjj4 7#b7 ,interest rate ,the interest rate on any loan made by the ,secretary under this section shall be a rate equal to the greater of-- 7,a7 the difference between-- 7i7 #d percent2 and 7ii7 the interest rate for farm ownership loans under this chapter2 or 7,b7 #a4e percent4 7#c7 ,duration ,each loan under this section shall be made for a period of #bj years or less1 at the option of the borrower4 7#d7 ,repayment ,each borrower of a loan under this section shall repay the loan to the ,secretary in equal annual installments4 7#e7 ,nature of retained security interest ,the ,secretary shall retain an interest in each farm acquired with a loan made under this section that shall-- 7,a7 be secured by the farm2 7,b7 be junior only to such interests in the farm as may be conveyed at the time of acquisition to the person 7including a lender7 from whom the borrower obtained a loan used to acquire the farm2 and 7,c7 require the borrower to obtain the permission of the ,secretary before the borrower may grant an additional security interest in the farm4 7c7 ,limitations 7#a7 ,borrowers required to make minimum down payment ,the ,secretary shall not make a loan under this section to any borrower with respect to a farm if the contribution of the borrower to the down payment on the farm will be less than #e percent of the purchase price of the farm4 7#b7 ,prohibited types of financing ,the ,secretary shall not make a loan under this section with respect to a farm if the farm is to be acquired with other financing that contains any of the following conditions3 7,a7 ,the financing is to be amortized over a period of less than #cj years4 7,b7 ,a balloon payment will be due on the financing during the #bj-year period beginning on the date on which the loan is to be made by the ,secretary4 7d7 ,administration ,in carrying out this section1 the ,secretary shall1 to the maximum extent practicable-- 7#a7 facilitate the transfer of farms from retiring farmers to persons eligible for insured loans under this subtitle2 7#b7 make efforts to widely publicize the availability of loans under this section among-- 7,a7 potentially eligible recipients of the loans2 7,b7 retiring farmers2 and 7,c7 applicants for farm ownership loans under this chapter2 7#c7 encourage retiring farmers to assist in the sale of their farms to qualified beginning farmers and socially disadvantaged farmers providing seller financing2 7#d7 coordinate the loan program established by this section with ,state programs that provide farm ownership or operating loans for beginning farmers or socially disadvantaged farmers2 and 7#e7 establish annual performance goals to promote the use of the down payment loan program and other joint financing arrangements as the preferred choice for direct real estate loans made by any lender to a qualified beginning farmer or socially disadvantaged farmer4 #cajh4 ,beginning farmer and socially disadvantaged farmer contract land sales program 7a7 ,in general ,the ,secretary shall1 in accordance with this section1 guarantee a loan made by a private seller of a farm to a qualified beginning farmer or socially disadvantaged farmer on a contract land sales basis4 7b7 ,eligibility ,to be eligible for a loan guarantee under subsection 7a7-- 7#a7 the qualified beginning farmer or socially disadvantaged farmer shall-- 7,a7 on the date the contract land sale that is subject of the loan is complete1 own and operate the farm that is the subject of the contract land sale2 7,b7 have a credit history that-- 7i7 includes a record of satisfactory debt repayment1 as determined by the ,secretary2 and 7ii7 is acceptable to the ,secretary2 and 7,c7 demonstrate to the ,secretary that the farmer is unable to obtain sufficient credit without a guarantee to finance any actual need of the farmer at a reasonable rate or term2 and 7#b7 the loan shall meet applicable underwriting criteria1 as determined by the ,secretary4 7c7 ,limitations ,the ,secretary shall not provide a loan guarantee under subsection 7a7 if-- 7#a7 the contribution of the qualified beginning farmer or socially disadvantaged farmer to the down payment for the farm that is the subject of the contract land sale would be less than #e percent of the purchase price of the farm2 or 7#b7 the purchase price or the appraisal value of the farm that is the subject of the contract land sale is greater than #ejj1jjj4 7d7 ,period of guarantee ,a loan guarantee under this section shall be in effect for the #aj-year period beginning on the date on which the guarantee is provided4 7e7 ,guarantee plan 7#a7 ,selection of plan ,a private seller of a farm who makes a loan guaranteed by the ,secretary under subsection 7a7 may select-- 7,a7 a prompt payment guarantee plan1 which shall cover-- 7i7 #c amortized annual installments2 or 7ii7 an amount equal to #c annual installments 7including an amount equal to the total cost of any tax and insurance incurred during the period covered by the annual installments72 or 7,b7 a standard guarantee plan1 which shall cover an amount equal to #ij percent of the outstanding principal of the loan4 7#b7 ,eligibility for standard guarantee plan ,to be eligible for a standard guarantee plan referred to in paragraph 7#a77;,b71 a private seller shall-- 7,a7 secure a commercial lending institution or similar entity1 as determined by the ,secretary1 to serve as an escrow agent2 or 7,b7 in cooperation with the farmer1 use an appropriate alternate arrangement1 as determined by the ,secretary4 #b ,operating loans #cbja4 ,operating loans 7a7 ,in general ,the ,secretary may make or guarantee an operating loan under this chapter to an eligible farmer in the ,united ,states4 7b7 ,eligibility ,a farmer shall be eligible under subsection 7a7 only-- 7#a7 if the farmer1 or an individual holding a majority interest in the farmer-- 7,a7 is a citizen of the ,united ,states2 and 7,b7 has training or farming experience that the ,secretary determines is sufficient to ensure a reasonable prospect of success in the farming operation proposed by the farmer2 7#b7 in the case of a farmer that is an individual1 if the farmer is or proposes to become an operator of a farm that is not larger than a family farm2 7#c7 in the case of a farmer that is a cooperative1 corporation1 partnership1 trust1 limited liability company1 joint operation1 or other such legal entity as the ,secretary determines to be appropriate1 with respect to the entity and each farm in which the entity has an ownership or operator interest-- 7,a7 if-- 7i7 a majority interest is held by individuals who are related by blood or marriage1 as defined by the ,secretary2 7ii7 all of the individuals are or propose to become owners or operators of a farm that is not larger than a family farm2 and 7iii7 at least #a of the individuals is or proposes to become an operator of the farm2 or 7,b7 if-- 7i7 the entire interest is held by individuals who are related by blood or marriage1 as defined by the ,secretary2 7ii7 all of the individuals are or propose to become farm operators2 and 7iii7 the ownership interest of each individual separately constitutes not larger than a family farm1 even if the ownership interests of the individuals collectively constitute larger than a family farm2 7#d7 in the case of an operator described in paragraph 7#c7 that is owned1 in whole or in part by #a or more other entities1 if not less than #ge percent of the ownership interests of each other entity is owned directly or indirectly by #a or more individuals who own the family farm2 and 7#e7 if the farmer and each individual that holds a majority interest in the farmer is unable to obtain credit elsewhere4 7c7 ,direct loans 7#a7 ,in general ,subject to paragraph 7#c71 the ,secretary may make a direct loan under this chapter only to a farmer who-- 7,a7 is a qualified beginning farmer2 7,b7 has not received a previous direct operating loan made under this chapter2 or 7,c7 has not received a direct operating loan made under this chapter for a total of #g years1 less #a year for every #c consecutive years the farmer did not receive a direct operating loan after the year in which the borrower initially received a direct operating loan under this chapter1 as determined by the ,secretary4 7#b7 ,youth loans ,in this subsection1 the term direct operating loan shall not include a loan made to a youth under subsection 7d74 7#c7 ,transition rule ,if1 as of ,april #d1 #aiif1 a farmer has received a direct operating loan under this chapter during each of #d or more previous years1 the borrower shall be eligible to receive a direct operating loan under this chapter during #c additional years after ,april #d1 #aiif4 7#d7 ,waivers 7,a7 ,farm operations on tribal land ,the ,secretary shall waive the limitation under paragraph 7#a77;,c7 or 7#c7 for a direct loan made under this chapter to a farmer whose farm land is subject to the jurisdiction of an ,indian tribe and whose loan is secured by #a or more security instruments that are subject to the jurisdiction of an ,indian tribe if the ,secretary determines that commercial credit is not generally available for such farm operations4 7,b7 ,other farm operations ,on a case-by-case determination not subject to administrative appeal1 the ,secretary may grant a borrower a waiver1 #a time only for a period of #b years1 of the limitation under paragraph 7#a77;,c7 or 7#c7 for a direct operating loan if the borrower demonstrates to the satisfaction of the ,secretary that-- 7i7 the borrower has a viable farm operation2 7ii7 the borrower applied for commercial credit from at least #b commercial lenders2 7iii7 the borrower was unable to obtain a commercial loan 7including a loan guaranteed by the ,secretary72 and 7iv7 the borrower successfully has completed1 or will complete within #a year1 borrower training under section #cdai 7from which requirement the ,secretary shall not grant a waiver under section #cdai7;f774 7d7 ,youth loans 7#a7 ,in general ,notwithstanding subsection 7b71 except for citizenship and credit requirements1 a loan may be made under this chapter to a youth who is a rural resident to enable the youth to operate an enterprise in connection with the participation in a youth organization1 as determined by the ,secretary4 7#b7 ,full personal liability ,a youth receiving a loan under this subsection who executes a promissory note for the loan shall incur full personal liability for the indebtedness evidenced by the note1 in accordance with the terms of the note1 free of any disability of minority4 7#c7 ,cosigner ,the ,secretary may accept the personal liability of a cosigner of a promissory note for a loan under this subsection1 in addition to the personal liability of the youth borrower4 7#d7 ,youth enterprises not farming ,the operation of an enterprise by a youth under this subsection shall not be considered the operation of a farm under this subtitle4 7e7 ,pilot loan program ,to support healthy foods for the hungry 7#a7 ,definition of gleaner ,in this subsection1 the term gleaner means an entity that-- 7,a7 collects edible1 surplus food that would be thrown away and distributes the food to agencies or nonprofit organizations that feed the hungry2 or 7,b7 harvests for free distribution to the needy1 or for donation to agencies or nonprofit organizations for ultimate distribution to the needy1 an agricultural crop that has been donated by the owner of the crop4 7#b7 ,program ,not later than #ahj days after the date of enactment of this subsection1 the ,secretary shall establish1 within the operating loan program established under this chapter1 a pilot program under which the ,secretary makes loans available to eligible entities to assist the entities in providing food to the hungry4 7#c7 ,eligibility ,in addition to any other person eligible under the terms and conditions of the operating loan program established under this chapter1 gleaners shall be eligible to receive loans under this subsection4 7#d7 ,loan amount 7,a7 ,in general ,each loan issued under the program shall be in an amount of not less than #ejj and not more than #e1jjj4 7,b7 ,redistribution ,if the eligible recipients in a ,state do not use the full allocation of loans that are available to eligible recipients in the ,state under this subsection1 the ,secretary may use any unused amounts to make loans available to eligible entities in other ,states in accordance with this subsection4 7#e7 ,loan processing 7,a7 ,in general ,the ,secretary shall process any loan application submitted under the program not later than #cj days after the date on which the application was submitted4 7,b7 ,expediting applications ,the ,secretary shall take any measure the ,secretary determines necessary to expedite any application submitted under the program4 7#f7 ,paperwork reduction ,the ,secretary shall take measures to reduce any paperwork requirements for loans under the program4 7#g7 ,program integrity ,the ,secretary shall take such actions as are necessary to ensure the integrity of the program established under this subsection4 7#h7 ,maximum amount ,of funds that are made available to carry out this chapter1 the ,secretary shall use to carry out this subsection a total amount of not more than #ejj1jjj4 7#i7 ,report ,not later than #ahj days after the maximum amount of funds are used to carry out this subsection under paragraph 7#h71 the ,secretary shall submit to the ,committee on ,agriculture of the ,house of ,representatives and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate a report that describes the results of the pilot program and the feasibility of expanding the program4 #cbjb4 ,purposes of loans 7a7 ,direct loans ,a direct loan may be made under this chapter only-- 7#a7 to pay the costs incident to reorganizing a farm for more profitable operation2 7#b7 to purchase livestock1 poultry1 or farm equipment2 7#c7 to purchase feed1 seed1 fertilizer1 insecticide1 or farm supplies1 or to meet other essential farm operating expenses1 including cash rent2 7#d7 to finance land or water development1 use1 or conservation2 7#e7 to pay loan closing costs2 7#f7 to assist a farmer in changing the equipment1 facilities1 or methods of operation of a farm to comply with a standard promulgated under section #f of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fee7 or a standard adopted by a ,state under a plan approved under section #ah of that ,act 7#bi ,u4,s4,c4 #ffg71 if the ,secretary determines that without assistance under this paragraph the farmer is likely to suffer substantial economic injury in complying with the standard2 7#g7 to train a limited-resource borrower receiving a loan under section #cajf in maintaining records of farming operations2 7#h7 to train a borrower under section #cdai2 7#i7 to refinance the indebtedness of a borrower1 if the borrower-- 7,a7 has refinanced a loan under this chapter not more than #d times previously2 and 7,b7 7i7 is a direct loan borrower under this title at the time of the refinancing and has suffered a qualifying loss because of a natural or major disaster or emergency2 or 7ii7 is refinancing a debt obtained from a creditor other than the ,secretary2 or 7#aj7 to provide other farm or home needs1 including family subsistence4 7b7 ,guaranteed loans ,a loan may be guaranteed under this chapter only-- 7#a7 to pay the costs incident to reorganizing a farm for more profitable operation2 7#b7 to purchase livestock1 poultry1 or farm equipment2 7#c7 to purchase feed1 seed1 fertilizer1 insecticide1 or farm supplies1 or to meet other essential farm operating expenses1 including cash rent2 7#d7 to finance land or water development1 use1 or conservation2 7#e7 to refinance indebtedness2 7#f7 to pay loan closing costs2 7#g7 to assist a farmer in changing the equipment1 facilities1 or methods of operation of a farm to comply with a standard promulgated under section #f of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fee7 or a standard adopted by a ,state under a plan approved under section #ah of that ,act 7#bi ,u4,s4,c4 #ffg71 if the ,secretary determines that without assistance under this paragraph the farmer is likely to suffer substantial economic injury due to compliance with the standard2 7#h7 to train a borrower under section #cdai2 or 7#i7 to provide other farm or home needs1 including family subsistence4 7c7 ,hazard insurance requirement ,the ,secretary may not make a loan to a farmer under this chapter unless the farmer has1 or agrees to obtain1 hazard insurance on the property to be acquired with the loan4 7d7 ,private reserve 7#a7 ,in general ,notwithstanding any other provision of this title1 the ,secretary may reserve a portion of any loan made under this chapter to be placed in an unsupervised bank account that may be used at the discretion of the borrower for the basic family needs of the borrower and the immediate family of the borrower4 7#b7 ,limit on size of the reserve ,the size of the reserve shall not exceed the lesser of-- 7,a7 #aj percent of the loan2 7,b7 #e1jjj2 or 7,c7 the amount needed to provide for the basic family needs of the borrower and the immediate family of the borrower for #c calendar months4 #cbjc4 ,restrictions on loans 7a7 ,requirements 7#a7 ,in general ,the ,secretary may not make or guarantee a loan under this chapter-- 7,a7 that would cause the total principal indebtedness outstanding at any #a time for loans made under this chapter to any #a borrower to exceed-- 7i7 7,i7 in the case of a loan made by the ,secretary1 #cjj1jjj2 or 7,,ii7 in the case of a loan guaranteed by the ,secretary1 #gjj1jjj 7as modified under paragraph 7#b772 or 7,b7 for the purchasing or leasing of land other than for cash rent1 or for carrying on a land leasing or land purchasing program4 7#b7 ,modification ,the amount specified in paragraph 7#a77;,a77ii7 shall be-- 7,a7 increased1 beginning with fiscal year #bjjj1 by the inflation percentage applicable to the fiscal year in which the loan is guaranteed2 and 7,b7 reduced by the unpaid indebtedness of the borrower on loans under sections specified in section #cajd that are guaranteed by the ,secretary4 7b7 ,inflation percentage ,for purposes of this section1 the inflation percentage applicable to a fiscal year is the percentage 7if any7 by which-- 7#a7 the average of the ,prices ,paid ,by ,farmers ,index 7as compiled by the ,national ,agricultural ,statistics ,service of the ,department7 for the #ab-month period ending on ,august #ca of the immediately preceding fiscal year2 exceeds 7#b7 the average of that index 7as so defined7 for the #ab-month period ending on ,august #ca1 #aiif4 #cbjd4 ,terms of loans 7a7 ,personal liability ,a borrower of a loan made under this chapter shall secure the loan with the full personal liability of the borrower and such other security as the ,secretary may prescribe4 7b7 ,interest rates 7#a7 ,maximum rate 7,a7 ,in general ,except as provided in paragraphs 7#b7 and 7#c71 the interest rate on a loan made under this chapter 7other than a guaranteed loan7 shall be determined by the ,secretary at a rate not to exceed the sum obtained by adding-- 7i7 the current average market yield on outstanding marketable obligations of the ,united ,states with remaining periods to maturity comparable to the average maturity of the loan2 and 7ii7 an additional charge not to exceed #a percent1 as determined by the ,secretary4 7,b7 ,adjustment ,the sum obtained under subparagraph 7,a7 shall be adjusted to the nearest #a_/h of #a percent4 7#b7 ,guaranteed loan ,the interest rate on a guaranteed loan made under this chapter shall be such rate as may be agreed on by the borrower and the lender1 but may not exceed any rate prescribed by the ,secretary4 7#c7 ,low income loan ,the interest rate on a direct loan made under this chapter to a low-income1 limited-resource borrower shall be determined by the ,secretary at a rate that is not-- 7,a7 greater than the sum obtained by adding-- 7i7 an amount that does not exceed #a_/b of the current average market yield on outstanding marketable obligations of the ,united ,states with a maturity of #e years2 and 7ii7 an amount not to exceed #a percent per year1 as the ,secretary determines is appropriate2 or 7,b7 less than #e percent per year4 7c7 ,period for repayment ,the period for repayment of a loan made under this chapter may not exceed #g years4 7d7 ,line-of-,credit loans 7#a7 ,in general ,a loan made or guaranteed by the ,secretary under this chapter may be in the form of a line-of-credit loan4 7#b7 ,term ,a line-of-credit loan under paragraph 7#a7 shall terminate not later than #e years after the date that the loan is made or guaranteed4 7#c7 ,eligibility ,for purposes of determining eligibility for an operating loan under this chapter1 each year during which a farmer takes an advance or draws on a line-of-credit loan the farmer shall be considered as having received an operating loan for #a year4 7#d7 ,termination of delinquent loans ,if a borrower does not pay an installment on a line-of-credit loan on schedule1 the borrower may not take an advance or draw on the line-of-credit1 unless the ,secretary determines that-- 7,a7 the failure of the borrower to pay on schedule was due to unusual conditions that the borrower could not control2 and 7,b7 the borrower will reduce the line-of-credit balance to the scheduled level at the end of-- 7i7 the production cycle2 or 7ii7 the marketing of the agricultural products of the borrower4 7#e7 ,agricultural commodities ,a line-of-credit loan may be used to finance the production or marketing of an agricultural commodity that is eligible for a price support program of the ,department4 #c ,emergency loans #ccja4 ,emergency loans 7a7 ,in general ,the ,secretary shall make or guarantee an emergency loan under this chapter to an eligible farmer 7including a commercial fisherman7 only to the extent and in such amounts as provided in advance in appropriation ,acts4 7b7 ,eligibility ,an established farmer shall be eligible under subsection 7a7 only-- 7#a7 if the farmer or an individual holding a majority interest in the farmer-- 7,a7 is a citizen of the ,united ,states2 and 7,b7 has experience and resources that the ,secretary determines are sufficient to ensure a reasonable prospect of success in the farming operation proposed by the farmer2 7#b7 in the case of a farmer that is an individual1 if the farmer is-- 7,a7 in the case of a loan for a purpose under chapter #a1 an owner1 operator1 or lessee-operator described in section #caja7;b77#b72 and 7,b7 in the case of a loan for a purpose under chapter #b1 an operator of a farm that is not larger than a family farm2 7#c7 in the case of a farmer that is a cooperative1 corporation1 partnership1 trust1 limited liability company1 joint operation1 or such other legal entity as the ,secretary determines to be appropriate1 with respect to the entity and each farm in which the entity has an ownership or operator interest-- 7,a7 if-- 7i7 a majority interest is held by individuals who are related by blood or marriage1 as defined by the ,secretary2 7ii7 all of the individuals are or propose to become owners or operators of a farm that is not larger than a family farm2 and 7iii7 at least #a of the individuals is or proposes to become an operator of the farm2 or 7,b7 if-- 7i7 the entire interest is held by individuals who are related by blood or marriage1 as defined by the ,secretary2 7ii7 all of the individuals are or propose to become farm operators2 and 7iii7 the ownership interest of each individual separately constitutes not larger than a family farm1 even if the ownership interests of the individuals collectively constitute larger than a family farm2 7#d7 if the entity is owned1 in whole or in part1 by #a or more other entities and each individual who is an owner of the family farm involved has a direct or indirect ownership interest in each of the other entities2 7#e7 if the farmer and any individual that holds a majority interest in the farmer is unable to obtain credit elsewhere2 and 7#f7 7,a7 if the ,secretary finds that the operations of the farmer have been substantially affected by-- 7i7 a natural or major disaster or emergency designated by the ,president under the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaba et seq472 or 7ii7 a quarantine imposed by the ,secretary under the ,plant ,protection ,act 7#g ,u4,s4,c4 #ggja et seq47 or the ,animal ,health ,protection ,act 7#g ,u4,s4,c4 #hcja et seq472 or 7,b7 if the farmer conducts farming operations in a county or a county contiguous to a county in which the ,secretary has found that farming operations have been substantially affected by a natural or major disaster or emergency4 7c7 ,time for accepting an application ,the ,secretary shall accept an application for a loan under this chapter from a farmer at any time during the #h-month period beginning on the date that-- 7#a7 the ,secretary determines that farming operations of the farmer have been substantially affected by-- 7,a7 a quarantine imposed by the ,secretary under the ,plant ,protection ,act 7#g ,u4,s4,c4 #ggja et seq47 or the ,animal ,health ,protection ,act 7#g ,u4,s4,c4 #hcja et seq472 or 7,b7 a natural disaster2 or 7#b7 the ,president makes a major disaster or emergency designation with respect to the affected county of the farmer referred to in subsection 7b77#e77;,b74 7d7 ,hazard insurance requirement ,the ,secretary may not make a loan to a farmer under this chapter to cover a property loss unless the farmer had hazard insurance that insured the property at the time of the loss4 7e7 ,family farm ,the ,secretary shall conduct the loan program under this chapter in a manner that will foster and encourage the family farm system of agriculture1 consistent with the reaffirmation of policy and declaration of the intent of ,congress contained in section #ajb7;a7 of the ,food and ,agriculture ,act of #aigg 7#g ,u4,s4,c4 #bbff7;a774 #ccjb4 ,purposes of loans ,subject to the limitations on the amounts of loans provided in section #ccjc7;a71 a loan may be made or guaranteed under this chapter for-- 7#a7 any purpose authorized for a loan under chapter #a or #b2 and 7#b7 crop or livestock purposes that are-- 7,a7 necessitated by a quarantine1 natural disaster1 major disaster1 or emergency2 and 7,b7 considered desirable by the farmer4 #ccjc4 ,terms of loans 7a7 ,maximum amount of loan ,the ,secretary may not make or guarantee a loan under this chapter to a borrower who has suffered a loss in an amount that-- 7#a7 exceeds the actual loss caused by a disaster2 or 7#b7 would cause the total indebtedness of the borrower under this chapter to exceed #ejj1jjj4 7b7 ,interest rates ,any portion of a loan under this chapter up to the amount of the actual loss suffered by a farmer caused by a disaster shall be at a rate prescribed by the ,secretary1 but not in excess of #h percent per annum4 7c7 ,interest subsidies for guaranteed loans ,in the case of a guaranteed loan under this chapter1 the ,secretary may pay an interest subsidy to the lender for any portion of the loan up to the amount of the actual loss suffered by a farmer caused by a disaster4 7d7 ,time for repayment 7#a7 ,in general ,subject to paragraph 7#b71 a loan under this chapter shall be repayable at such times as the ,secretary may determine1 considering the purpose of the loan and the nature and effect of the disaster1 but not later than the maximum repayment period allowed for a loan for a similar purpose under chapters #a and #b4 7#b7 ,extended repayment period ,the ,secretary may1 if the loan is for a purpose described in chapter #b and the ,secretary determines that the need of the loan applicant justifies the longer repayment period1 make the loan repayable at the end of a period of more than #g years1 but not more than #bj years4 7e7 ,security for loan 7#a7 ,in general ,a borrower of a loan made under this chapter shall secure the loan with the full personal liability of the borrower and such other security as the ,secretary may prescribe4 7#b7 ,adequate security ,subject to paragraph 7#c71 the ,secretary may not make or guarantee a loan under this chapter unless the security for the loan is adequate to ensure repayment of the loan4 7#c7 ,inadequate security due to disaster ,if adequate security for a loan under this chapter is not available because of a disaster1 the ,secretary shall accept as security any collateral that is available if the ,secretary is confident that the collateral and the repayment ability of the farmer are adequate security for the loan4 7#d7 ,valuation of farm assets ,if a farm asset 7including land1 livestock1 or equipment7 is used as collateral to secure a loan applied for under this chapter and the governor of the ,state in which the farm is located requests assistance under this chapter or the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaba et seq47 for the portion of the ,state in which the asset is located1 the ,secretary shall establish the value of the asset as of the day before the occurrence of the natural or major disaster or emergency4 7f7 ,review of loan 7#a7 ,in general ,in the case of a loan made1 but not guaranteed1 under section #ccja1 the ,secretary shall review the loan #c years after the loan is made1 and every #b years thereafter for the term of the loan4 7#b7 ,termination of federal assistance ,if1 based on a review under paragraph 7#a71 the ,secretary determines that the borrower is able to obtain a loan from a non-,federal source at reasonable rates and terms1 the borrower shall1 on request by the ,secretary1 apply for1 and accept1 a non-,federal loan in a sufficient amount to repay the ,secretary4 #ccjd4 ,production losses 7a7 ,in general ,the ,secretary shall make or guarantee a loan under this chapter to an eligible farmer for production losses if a single enterprise that constitutes a basic part of the farming operation of the farmer has sustained at least a #cj percent loss in normal per acre or per animal production1 or such lesser percentage as the ,secretary may determine1 as a result of a disaster4 7b7 ,basis for percentage ,a percentage loss under subsection 7a7 shall be based on the average monthly price in effect for the previous crop or calendar year1 as appropriate4 7c7 ,amount of loan ,a loan under subsection 7a7 shall be in an amount that is equal to #hj percent1 or such greater percentage as the ,secretary may determine1 of the total calculated actual production loss sustained by the farmer4 #d ,general farmer loan provisions #cdja4 ,agricultural ,credit ,insurance ,fund ,the fund established pursuant to section #aa7;a7 of the ,bankhead-,jones ,farm ,tenant ,act 7#fj ,stat4 #ajge1 chapter #ifd7 shall be known as the ,agricultural ,credit ,insurance ,fund 7referred to in this section as the ,fund1 unless the context otherwise requires7 for the discharge of the obligations of the ,secretary under agreements insuring loans under this subtitle and loans and mortgages insured under prior authority4 #cdjb4 ,guaranteed farmer loans 7a7 ,in general ,the ,secretary may provide financial assistance to a borrower for a purpose provided in this subtitle by guaranteeing a loan made by any ,federal or ,state chartered bank1 savings and loan association1 cooperative lending agency1 or other legally organized lending agency4 7b7 ,interest rate ,the interest rate payable by a borrower on the portion of a guaranteed loan that is sold by a lender to the secondary market under this subtitle may be lower than the interest rate charged on the portion retained by the lender1 but shall not exceed the average interest rate charged by the lender on loans made to farm borrowers4 7c7 ,fees ,in the case of a loan guarantee on a loan made by a commercial or cooperative lender related to a loan made by the ,secretary under section #cajg-- 7#a7 the ,secretary shall not charge a fee to any person 7including a lender72 and 7#b7 a lender may charge a loan origination and servicing fee in an amount not to exceed #a percent of the amount of the loan4 7d7 ,maximum guarantee of #ij percent ,except as provided in subsections 7e7 and 7f71 a loan guarantee under this subtitle shall be for not more than #ij percent of the principal and interest due on the loan4 7e7 ,refinanced loans guaranteed at #ie percent ,the ,secretary shall guarantee #ie percent of-- 7#a7 in the case of a loan that solely refinances a direct loan made under this subtitle1 the principal and interest due on the loan on the date of the refinancing2 or 7#b7 in the case of a loan that is used for multiple purposes1 the portion of the loan that refinances the principal and interest due on a direct loan made under this subtitle that is outstanding on the date the loan is guaranteed4 7f7 ,beginning farmer loans guaranteed up to #ie percent ,the ,secretary may guarantee not more than #ie percent of-- 7#a7 a farm ownership loan for acquiring a farm to a borrower who is participating in the downpayment loan program under section #cajg2 or 7#b7 an operating loan to a borrower who is participating in the downpayment loan program under section #cajg that is made during the period that the borrower has a direct loan outstanding under chapter #a for acquiring a farm4 7g7 ,guarantee of loans made under ,state beginning farmer programs ,the ,secretary may guarantee under this subtitle a loan made under a ,state beginning farmer program1 including a loan financed by the net proceeds of a qualified small issue agricultural bond for land or property described in section #add7;a77#ab77;,b77ii7 of the ,internal ,revenue ,code of #aihf4 #cdjc4 ,provision of information to borrowers 7a7 ,approval notification ,the ,secretary shall approve or disapprove an application for a loan or loan guarantee made under this subtitle1 and notify the applicant of such action1 not later than #fj days after the date on which the ,secretary has received a complete application for the loan or loan guarantee4 7b7 ,list of lenders ,the ,secretary shall make available to any farmer1 on request1 a list of lenders in the area that participate in guaranteed farmer program loan programs established under this subtitle1 and other lenders in the area that express a desire to participate in the programs and that request inclusion on the list4 7c7 ,other information 7#a7 ,in general ,on the request of a borrower1 the ,secretary shall make available to the borrower-- 7,a7 a copy of each document signed by the borrower2 7,b7 a copy of each appraisal performed with respect to the loan2 and 7,c7 any document that the ,secretary is required to provide to the borrower under any law in effect on the date of the request4 7#b7 ,rule of construction ,paragraph 7#a7 shall not supersede any duty imposed on the ,secretary by a law in effect on ,january #e1 #aihh1 unless the duty directly conflicts with a duty under paragraph 7#a74 #cdjd4 ,notice of loan service programs 7a7 ,requirement ,the ,secretary shall provide notice by certified mail to each borrower who is at least #ij days past due on the payment of principal or interest on a loan made under this subtitle4 7b7 ,contents ,the notice required under subsection 7a7 shall-- 7#a7 include a summary of all primary loan service programs1 homestead retention programs1 debt settlement programs1 and appeal procedures1 including the eligibility criteria1 and terms and conditions of the programs and procedures2 7#b7 include a summary of the manner in which the borrower may apply1 and be considered1 for all such programs1 except that the ,secretary shall not require the borrower to select among the programs or waive any right to be considered for any program carried out by the ,secretary2 7#c7 advise the borrower regarding all filing requirements and any deadlines that must be met for requesting loan servicing2 7#d7 provide any relevant forms1 including applicable response forms2 7#e7 advise the borrower that a copy of regulations is available on request2 and 7#f7 be designed to be readable and understandable by the borrower4 7c7 ,contained in regulations ,all notices required by this section shall be contained in the regulations issued to carry out this title4 7d7 ,timing ,the notice described in subsection 7b7 shall be provided-- 7#a7 at the time an application is made for participation in a loan service program2 7#b7 on written request of the borrower2 and 7#c7 before the earliest of the date of-- 7,a7 initiating any liquidation2 7,b7 requesting the conveyance of security property2 7,c7 accelerating the loan2 7,d7 repossessing property2 7,e7 foreclosing on property2 or 7,f7 taking any other collection action4 7e7 ,consideration of borrowers for loan service programs 7#a7 ,in general ,the ,secretary shall consider a farmer program loan borrower for all loan service programs if1 not later than #fj days after receipt of the notice described in subsection 7b71 the borrower requests the consideration in writing4 7#b7 ,priority ,in considering a borrower for a loan service program1 the ,secretary shall place the highest priority on the preservation of the farming operations of the borrower4 #cdje4 ,planting and production history guidelines 7a7 ,in general ,the ,secretary shall ensure that appropriate procedures1 including1 to the extent practicable1 onsite inspections1 or use of county or ,state yield averages1 are used in calculating future yields for an applicant for a loan1 when an accurate projection cannot be made because the past production history of the farmer has been affected by a natural or major disaster or emergency4 7b7 ,calculation of yields 7#a7 ,in general ,for the purpose of averaging the past yields of the farm of a farmer over a period of crop years to calculate the future yield of the farm under this title1 the ,secretary shall permit the farmer to exclude the crop year with the lowest actual or county average yield for the farm from the calculation1 if the farmer was affected by a natural or major disaster or emergency during at least #b of the crop years during the period4 7#b7 ,affected by a natural or major disaster or emergency ,a farmer was affected by a natural or major disaster or emergency under paragraph 7#a7 if the ,secretary finds that the farming operations of the farmer have been substantially affected by a natural or major disaster or emergency1 including a farmer who has a qualifying loss but is not located in a designated or declared disaster area4 7#c7 ,application of subsection ,this subsection shall apply to any action taken by the ,secretary that involves-- 7,a7 a loan under chapter #a or #b2 and 7,b7 the yield of a farm of a farmer1 including making a loan or loan guarantee1 servicing a loan1 or making a credit sale4 #cdjf4 ,special conditions and limitations on loans 7a7 ,applicant requirements ,in connection with a loan made or guaranteed under this subtitle1 the ,secretary shall require-- 7#a7 the applicant-- 7,a7 to certify in writing that1 and the ,secretary shall determine whether1 the applicant is unable to obtain credit elsewhere2 and 7,b7 to furnish an appropriate written financial statement2 7#b7 except for a guaranteed loan1 an agreement by the borrower that if at any time it appears to the ,secretary that the borrower may be able to obtain a loan from a production credit association1 a ,federal land bank1 or other responsible cooperative or private credit source 7or1 in the case of a borrower under section #cajf1 the borrower may be able to obtain a loan under section #caja71 at reasonable rates and terms for loans for similar purposes and periods of time1 the borrower will1 on request by the ,secretary1 apply for and accept the loan in a sufficient amount to repay the ,secretary or the insured lender1 or both1 and to pay for any stock necessary to be purchased in a cooperative lending agency in connection with the loan2 7#c7 such provision for supervision of the operations of the borrower as the ,secretary shall consider necessary to achieve the objectives of the loan and protect the interests of the ,united ,states2 and 7#d7 the application of a person who is a veteran for a loan under chapter #a or #b to be given preference over a similar application from a person who is not a veteran if the applications are on file in a county or area office at the same time4 7b7 ,agency processing requirements 7#a7 ,notifications 7,a7 ,incomplete application notification ,if an application for a loan or loan guarantee under this subtitle 7other than an operating loan or loan guarantee7 is incomplete1 the ,secretary shall inform the applicant of the reasons the application is incomplete not later than #bj days after the date on which the ,secretary has received the application4 7,b7 ,operating loans 7i7 ,additional information needed ,not later than #aj calendar days after the ,secretary receives an application for an operating loan or loan guarantee1 the ,secretary shall notify the applicant of any information required before a decision may be made on the application4 7ii7 ,information not received ,if1 not later than #bj calendar days after the date a request is made pursuant to clause 7i7 with respect to an application1 the ,secretary has not received the information requested1 the ,secretary shall notify the applicant and the district office of the ,farm ,service ,agency1 in writing1 of the outstanding information4 7,c7 ,request information 7i7 ,in general ,on receipt of an application1 the ,secretary shall request from other parties such information as may be needed in connection with the application4 7ii7 ,information from an agency of the ,department ,not later than #ae calendar days after the date on which an agency of the ,department receives a request for information made pursuant to subparagraph 7,a71 the agency shall provide the ,secretary with the requested information4 7#b7 ,report of pending applications 7,a7 ,in general ,a county office shall notify the district office of the ,farm ,service ,agency of each application for an operating loan or loan guarantee that is pending more than #de days after receipt1 and the reasons for which the application is pending4 7,b7 ,action on pending applications ,a district office that receives a notice provided under subparagraph 7,a7 with respect to an application shall immediately take steps to ensure that final action is taken on the application not later than #ae days after the date of the receipt of the notice4 7,c7 ,pending application report ,the district office shall report to the ,state office of the ,farm ,service ,agency on each application for an operating loan or loan guarantee that is pending more than #de days after receipt1 and the reasons for which the application is pending4 7,d7 ,report to ,congress ,each month1 the ,secretary shall notify the ,committee on ,agriculture of the ,house of ,representatives and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate1 on a ,state-by-,state basis1 as to each application for an operating loan or loan guarantee on which final action had not been taken within #fj calendar days after receipt by the ,secretary1 and the reasons for which final action had not been taken4 7#c7 ,disapprovals 7,a7 ,in general ,if an application for a loan or loan guarantee under this subtitle is disapproved by the ,secretary1 the ,secretary shall state the reasons for the disapproval in the notice required under paragraph 7#a74 7,b7 ,disapproval due to lack of funds 7i7 ,in general ,notwithstanding paragraph 7#a71 each application for a loan or loan guarantee under section #cfja7;e71 or for a loan under section #ceja7;a7 or #cejb7;a71 that is to be disapproved by the ,secretary solely because the ,secretary lacks the funds necessary to make the loan or guarantee shall not be disapproved but shall be placed in pending status4 7ii7 ,reconsideration ,the ,secretary shall retain each pending application and reconsider the application beginning on the date that sufficient funds become available4 7iii7 ,notification ,not later than #fj days after funds become available regarding each pending application1 the ,secretary shall notify the applicant of the approval or disapproval of funding for the application4 7#d7 ,approvals on appeal ,if an application for a loan or loan guarantee under this subtitle is disapproved by the ,secretary1 but that action is subsequently reversed or revised as the result of an appeal within the ,department or to the courts of the ,united ,states and the application is returned to the ,secretary for further consideration1 the ,secretary shall act on the application and provide the applicant with notice of the action not later than #ae days after the date of return of the application to the ,secretary4 7#e7 ,provision of proceeds 7,a7 ,in general ,except as provided in subparagraph 7,b71 if an application for an insured loan under this title is approved by the ,secretary1 the ,secretary shall provide the loan proceeds to the applicant not later than #ae days 7or such longer period as the applicant may approve7 after the application for the loan is approved by the ,secretary4 7,b7 ,lack of funds ,if the ,secretary is unable to provide the loan proceeds to the applicant during the #ae-;day period described in subparagraph 7,a7 because sufficient funds are not available to the ,secretary for that purpose1 the ,secretary shall provide the loan proceeds to the applicant as soon as practicable 7but in no event later than #ae days unless the applicant agrees to a longer period7 after sufficient funds for that purpose become available to the ,secretary4 #cdjg4 ,graduation of borrowers 7a7 ,graduation of ,seasoned ,direct ,loan ,borrowers to the ,loan ,guarantee ,program 7#a7 ,review of loans 7,a7 ,in general ,the ,secretary1 or a contracting third party1 shall annually review under section #cdbj the loans of each seasoned direct loan borrower4 7,b7 ,assistance ,if1 based on the review1 it is determined that a borrower would be able to obtain a loan1 guaranteed by the ,secretary1 from a commercial or cooperative lender at reasonable rates and terms for loans for similar purposes and periods of time1 the ,secretary shall assist the borrower in applying for the commercial or cooperative loan4 7#b7 ,prospectus 7,a7 ,in general ,in accordance with section #cdbb1 the ,secretary shall prepare a prospectus on each seasoned direct loan borrower determined eligible to obtain a guaranteed loan4 7,b7 ,requirements ,the prospectus shall contain a description of the amounts of the loan guarantee and interest assistance that the ,secretary will provide to the seasoned direct loan borrower to enable the seasoned direct loan borrower to carry out a financially viable farming plan if a guaranteed loan is made4 7#c7 ,verification 7,a7 ,in general ,the ,secretary shall provide a prospectus of a seasoned direct loan borrower to each approved lender whose lending area includes the location of the seasoned direct loan borrower4 7,b7 ,notification ,the ,secretary shall notify each borrower of a loan that a prospectus has been provided to a lender under subparagraph 7,a74 7,c7 ,credit extended ,if the ,secretary receives an offer from an approved lender to extend credit to the seasoned direct loan borrower under terms and conditions contained in the prospectus1 the seasoned direct loan borrower shall not be eligible for a loan from the ,secretary under chapter #a or #b1 except as otherwise provided in this section4 7#d7 ,insufficient assistance or offers ,if the ,secretary is unable to provide loan guarantees and1 if necessary1 interest assistance to the seasoned direct loan borrower under this section in amounts sufficient to enable the seasoned direct loan borrower to borrow from commercial sources the amount required to carry out a financially viable farming plan1 or if the ,secretary does not receive an offer from an approved lender to extend credit to a seasoned direct loan borrower under the terms and conditions contained in the prospectus1 the ,secretary shall make a loan to the seasoned direct loan borrower under chapter #a or #b1 whichever is applicable4 7#e7 ,interest rate reductions ,to the extent necessary for the borrower to obtain a loan1 guaranteed by the ,secretary1 from a commercial or cooperative lender1 the ,secretary shall provide interest rate reductions as provided for under section #cdac4 7b7 ,transition to private commercial or other sources of credit 7#a7 ,in general ,in making an operating or ownership loan1 the ,secretary shall establish a plan and promulgate regulations 7including performance criteria7 that promote the goal of transitioning borrowers to private commercial credit and other sources of credit in the shortest period of time practicable4 7#b7 ,coordination ,in carrying out this section1 the ,secretary shall integrate and coordinate the transition policy described in subsection 7a7 with-- 7,a7 the borrower training program established by section #cdai2 7,b7 the loan assessment process established by section #cdbj2 7,c7 the supervised credit requirement established by section #cdba2 7,d7 the market placement program established by section #cdbb2 and 7,e7 other appropriate programs and authorities1 as determined by the ,secretary4 7c7 ,graduation of borrowers with operating loans or guarantees to private commercial credit ,the ,secretary shall establish a plan1 in coordination with activities under sections #cdai through #cdbb1 to encourage each borrower with an outstanding loan under this chapter1 or with respect to whom there is an outstanding guarantee under this chapter1 to graduate to private commercial or other sources of credit4 #cdjh4 ,debt adjustment and credit counseling ,in carrying out this subtitle1 the ,secretary may-- 7#a7 provide voluntary debt adjustment assistance between-- 7,a7 farmers2 and 7,b7 the creditors of the farmers2 7#b7 cooperate with ,state1 territorial1 and local agencies and committees engaged in the debt adjustment2 and 7#c7 give credit counseling4 #cdji4 ,security servicing 7a7 ,sale of property 7#a7 ,in general ,subject to this subsection and subsection 7e77#a71 the ,secretary shall offer to sell real property that is acquired by the ,secretary under this subtitle using the following order and method of sale3 7,a7 ,advertisement ,not later than #ae days after acquiring real property1 the ,secretary shall publicly advertise the property for sale4 7,b7 ,qualified beginning farmer 7i7 ,in general ,not later than #ge days after acquiring real property1 the ,secretary shall offer to sell the property to a qualified beginning farmer or a socially disadvantaged farmer at current market value based on a current appraisal4 7ii7 ,random selection ,if more than #a qualified beginning farmer or socially disadvantaged farmer offers to purchase the property1 the ,secretary shall select between the qualified applicants on a random basis4 7iii7 ,appeal of random selection ,a random selection or denial by the ,secretary of a qualified beginning farmer or a socially disadvantaged farmer for farm inventory property under this subparagraph shall be final and not administratively appealable4 7,c7 ,public sale ,if no acceptable offer is received from a qualified beginning farmer or a socially disadvantaged farmer under subparagraph 7,b7 not later than #ace days after acquiring the real property1 the ,secretary shall1 not later than #cj days after the #ace-;day period1 sell the property after public notice at a public sale1 and1 if no acceptable bid is received1 by negotiated sale1 at the best price obtainable4 7#b7 ,interest 7,a7 ,in general ,subject to subparagraph 7,b71 any conveyance of real property under this subsection shall include all of the interest of the ,united ,states in the property1 including mineral rights4 7,b7 ,conservation ,the ,secretary may for conservation purposes grant or sell an easement1 restriction1 development right1 or similar legal right to real property to a ,state1 a political subdivision of a ,state1 or a private nonprofit organization separately from the underlying fee or other rights to the property owned by the ,united ,states4 7#c7 ,other law ,subtitle ,i of title #dj1 ,united ,states ,code1 and title ,,iii of the ,federal ,property and ,administrative ,services ,act of #aidi 7#da ,u4,s4,c4 #bea et seq47 shall not apply to any exercise of authority under this subtitle4 7#d7 ,lease of property 7,a7 ,in general ,subject to subparagraph 7,b71 the ,secretary may not lease any real property acquired under this subtitle4 7,b7 ,exception 7i7 ,qualified beginning farmer or socially disadvantaged farmer ,the ,secretary may lease or contract to sell to a qualified beginning farmer or a socially disadvantaged farmer a farm acquired by the ,secretary under this subtitle if the qualified beginning farmer qualifies for a credit sale or direct farm ownership loan under chapter #a but credit sale authority for loans or direct farm ownership loan funds1 respectively1 are not available4 7ii7 ,term ,the term of a lease or contract to sell to a qualified beginning farmer or a socially disadvantaged farmer under clause 7i7 shall be until the earlier of-- 7,i7 the date that is #ah months after the date of the lease or sale2 or 7,,ii7 the date that direct farm ownership loan funds or credit sale authority for loans becomes available to the qualified beginning farmer or socially disadvantaged farmer4 7iii7 ,income-producing capability ,in determining the rental rate on real property leased under this subparagraph1 the ,secretary shall consider the income-producing capability of the property during the term that the property is leased4 7#e7 ,expedited determination 7,a7 ,in general ,on the request of an applicant1 not later than #cj days after denial of the application1 the appropriate ,state director shall provide an expedited review and determination of whether the applicant is a qualified beginning farmer or a socially disadvantaged farmer for the purpose of acquiring farm inventory property4 7,b7 ,appeal ,the determination of a ,state ,director under subparagraph 7,a7 shall be final and not administratively appealable4 7,c7 ,effects of determinations 7i7 ,in general ,the ,secretary shall maintain statistical data on the number and results of determinations made under subparagraph 7,a7 and the effect of the determinations on-- 7,i7 selling farm inventory property to qualified beginning farmers or socially disadvantaged farmers2 and 7,,ii7 disposing of real property in inventory4 7ii7 ,notification ,the ,secretary shall notify the ,committee on ,agriculture of the ,house of ,representatives and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate if the ,secretary determines that the review process under subparagraph 7,a7 is adversely affecting the selling of farm inventory property to qualified beginning farmers or socially disadvantaged farmers or the disposing of real property in inventory4 7b7 ,road and utility easements and condemnations ,in the case of any real property administered under this subtitle1 the ,secretary may grant or sell easements or rights-of-way for roads1 utilities1 and other appurtenances that are not inconsistent with the public interest4 7c7 ,sale or lease of farmland 7#a7 ,disposition of real property on ,indian reservations 7,a7 ,definition of ,indian reservation ,in this paragraph1 the term ,indian reservation means-- 7i7 all land located within the limits of any ,indian reservation under the jurisdiction of the ,united ,states1 notwithstanding the issuance of any patent1 and1 including any right-of-way running through the reservation2 7ii7 trust or restricted land located within the boundaries of a former reservation of an ,indian tribe in the ,state of ,oklahoma2 or 7iii7 all ,indian allotments the ,indian titles to which have not been extinguished if the allotments are subject to the jurisdiction of an ,indian tribe4 7,b7 ,disposition ,except as provided in paragraph 7#c71 the ,secretary shall dispose of or administer the property as provided in this paragraph when-- 7i7 the ,secretary acquires property under this subtitle that is located within an ,indian reservation2 and 7ii7 the borrower-owner is the ,indian tribe that has jurisdiction over the reservation in which the real property is located or the borrower-owner is a member of the ,indian tribe2 7,c7 ,priority ,not later than #ij days after acquiring the property1 the ,secretary shall afford an opportunity to purchase or lease the real property in accordance with the order of priority established under subparagraph 7,d7 to the ,indian tribe having jurisdiction over the ,indian reservation within which the real property is located or1 if no order of priority is established by the ,indian tribe under subparagraph 7,d71 in the following order3 7i7 ,an ,indian member of the ,indian tribe that has jurisdiction over the reservation within which the real property is located4 7ii7 ,an ,indian corporate entity4 7iii7 ,the ,indian tribe4 7,d7 ,revision of priority and restriction of eligibility ,the governing body of any ,indian tribe having jurisdiction over an ,indian reservation may revise the order of priority provided in subparagraph 7,c7 under which land located within the reservation shall be offered for purchase or lease by the ,secretary under subparagraph 7,c7 and may restrict the eligibility for the purchase or lease to-- 7i7 persons who are members of the ,indian tribe2 7ii7 ,indian corporate entities that are authorized by the ,indian tribe to lease or purchase land within the boundaries of the reservation2 or 7iii7 the ,indian tribe itself4 7,e7 ,transfer of property to secretary of the interior 7i7 ,in general ,if real property described in subparagraph 7,b7 is not purchased or leased under subparagraph 7,c7 and the ,indian tribe having jurisdiction over the reservation within which the real property is located is unable to purchase or lease the real property1 the ,secretary shall transfer the real property to the ,secretary of the ,interior who shall administer the real property as if the real property were held in trust by the ,united ,states for the benefit of the ,indian tribe4 7ii7 ,use of rental income ,from the rental income derived from the lease of the transferred real property1 and all other income generated from the transferred real property1 the ,secretary of the ,interior shall pay the ,state1 county1 municipal1 or other local taxes to which the transferred real property was subject at the time of acquisition by the ,secretary1 until the earlier of-- 7,i7 the expiration of the #d-year period beginning on the date on which the real property is so transferred2 or 7,,ii7 such time as the land is transferred into trust pursuant to subparagraph 7,h74 7,f7 ,responsibilities of secretaries ,if any real property is transferred to the ,secretary of the ,interior under subparagraph 7,e7-- 7i7 the ,secretary of ,agriculture shall have no further responsibility under this title for-- 7,i7 collection of any amounts with regard to the farm program loan that had been secured by the real property2 7,,ii7 any lien arising out of the loan transaction2 or 7,,iii7 repayment of any amount with regard to the loan transaction or lien to the ,treasury of the ,united ,states2 and 7ii7 the ,secretary of the ,interior shall succeed to all right1 title1 and interest of the ,secretary of ,agriculture in the real estate arising from the farm program loan transaction1 including the obligation to remit to the ,treasury of the ,united ,states1 in repayment of the original loan1 the amounts provided in subparagraph 7,g74 7,g7 ,use of income ,after the payment of any taxes that are required to be paid under subparagraph 7,e77ii71 all remaining rental income derived from the lease of the real property transferred to the ,secretary of the ,interior under subparagraph 7,e77i71 and all other income generated from the real property transferred to the ,secretary of the ,interior under that subparagraph1 shall be deposited as miscellaneous receipts in the ,treasury of the ,united ,states until the amount deposited is equal to the lesser of-- 7i7 the amount of the outstanding lien of the ,united ,states against the real property1 as of the date the real property was acquired by the ,secretary2 7ii7 the fair market value of the real property1 as of the date of the transfer to the ,secretary of the ,interior2 or 7iii7 the capitalized value of the real property1 as of the date of the transfer to the ,secretary of the ,interior4 7,h7 ,holding of title in trust ,if the total amount that is required to be deposited under subparagraph 7,g7 with respect to any real property has been deposited into the ,treasury of the ,united ,states1 title to the real property shall be held in trust by the ,united ,states for the benefit of the ,indian tribe having jurisdiction over the ,indian reservation within which the real property is located4 7,i7 ,payment of remaining lien or fair market value of property 7i7 ,in general ,notwithstanding any other subparagraph of this paragraph1 the ,indian tribe having jurisdiction over the ,indian reservation within which the real property described in subparagraph 7,b7 is located may1 at any time after the real property has been transferred to the ,secretary of the ,interior under subparagraph 7,e71 offer to pay the remaining amount on the lien or the fair market value of the real property1 whichever is less4 7ii7 ,effect of payment ,on payment of the amount1 title to the real property shall be held by the ,united ,states in trust for the tribe and the trust or restricted land that has been acquired by the ,secretary under foreclosure or voluntary transfer under a loan made or insured under this subtitle and transferred to an ,indian person1 entity1 or tribe under this paragraph shall be considered to have never lost trust or restricted status4 7,j7 ,applicability 7i7 ,in general ,this paragraph shall apply to all land in the land inventory established under this subtitle 7as of ,november #bh1 #aiij7 that was 7immediately prior to the date7 owned by an ,indian borrower-owner described in subparagraph 7,b7 and that is situated within an ,indian reservation1 regardless of the date of foreclosure or acquisition by the ,secretary4 7ii7 ,opportunity to purchase or lease ,the ,secretary shall afford an opportunity to an ,indian person1 entity1 or tribe to purchase or lease the real property as provided in subparagraph 7,c74 7iii7 ,transfer ,if the right is not exercised or no expression of intent to exercise the right is received within #ahj days after ,november #bh1 #aiij1 the ,secretary shall transfer the real property to the ,secretary of the ,interior as provided in subparagraph 7,e74 7#b7 ,additional rights ,the rights provided in this subsection shall be in addition to any right of first refusal under the law of the ,state in which the property is located4 7#c7 ,disposition of real property on indian reservations after procedures exhausted 7,a7 ,in general ,the ,secretary shall dispose of or administer real property described in paragraph 7#a77;,b7 only as provided in paragraph 7#a71 as modified by this paragraph1 if-- 7i7 the real property described in paragraph 7#a77;,b7 is located within an ,indian reservation2 7ii7 the borrower-owner is an ,indian tribe that has jurisdiction over the reservation in which the real property is located or the borrower-owner is a member of an ,indian tribe2 7iii7 the borrower-owner has obtained a loan made or guaranteed under this title2 and 7iv7 the borrower-owner and the ,secretary have exhausted all of the procedures provided for in this title to permit a borrower-owner to retain title to the real property1 so that it is necessary for the borrower-owner to relinquish title4 7,b7 ,notice of right to convey property ,the ,secretary shall provide the borrower-owner of real property that is described in subparagraph 7,a7 with written notice of-- 7i7 the right of the borrower-owner to voluntarily convey the real property to the ,secretary2 and 7ii7 the fact that real property so conveyed will be placed in the inventory of the ,secretary4 7,c7 ,notice of rights and protections ,the ,secretary shall provide the borrower-owner of the real property with written notice of the rights and protections provided under this title to the borrower-owner1 and the ,indian tribe that has jurisdiction over the reservation in which the real property is located1 from foreclosure or liquidation of the real property1 including written notice-- 7i7 of paragraph 7#a71 this paragraph1 and subsection 7e77#c72 7ii7 if the borrower-owner does not voluntarily convey the real property to the ,secretary1 that-- 7,i7 the ,secretary may foreclose on the property2 7,,ii7 in the event of foreclosure1 the property will be offered for sale2 7,,iii7 the ,secretary shall offer a bid for the property that is equal to the fair market value of the property or the outstanding principal and interest of the loan1 whichever is higher2 7,,iv7 the property may be purchased by another party2 and 7,v7 if the property is purchased by another party1 the property will not be placed in the inventory of the ,secretary and the borrower-owner will forfeit the rights and protections provided under this title2 and 7iii7 of the opportunity of the borrower-owner to consult with the ,indian tribe that has jurisdiction over the reservation in which the real property is located or counsel to determine if ,state or tribal law provides rights and protections that are more beneficial than the rights and protections provided the borrower-owner under this title4 7,d7 ,acceptance of voluntary conveyance 7i7 ,in general ,except as provided in clause 7ii71 the ,secretary shall accept the voluntary conveyance of real property described in subparagraph 7,a74 7ii7 ,hazardous substances ,if a hazardous substance 7as defined in section #aja7ad7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja7ad777 is located on the property and the ,secretary takes remedial action to protect human health or the environment if the property is taken into inventory1 the ,secretary shall accept the voluntary conveyance of the property only if the ,secretary determines that the conveyance is in the best interests of the ,federal ,government4 7,e7 ,foreclosure procedures 7i7 ,notice to borrower ,if an ,indian borrower-owner does not voluntarily convey to the ,secretary real property described in subparagraph 7,a71 not less than #cj days before a foreclosure sale of the property1 the ,secretary shall provide the ,indian borrower-owner with the option of-- 7,i7 requiring the ,secretary to assign the loan and security instruments to the ,secretary of the ,interior1 if the ,secretary of the ,interior agrees to an assignment releasing the ,secretary of ,agriculture from all further responsibility for collection of any amounts with regard to the loan secured by the real property2 or 7,,ii7 requiring the ,secretary to assign the loan and security instruments to the tribe having jurisdiction over the reservation in which the real property is located1 if the tribe agrees to assume the loan under the terms specified in clause 7iii74 7ii7 ,notice to tribe ,if an ,indian borrower-owner does not voluntarily convey to the ,secretary real property described in subparagraph 7,a71 not less than #cj days before a foreclosure sale of the property1 the ,secretary shall provide written notice to the ,indian tribe that has jurisdiction over the reservation in which the real property is located of-- 7,i7 the sale2 7,,ii7 the fair market value of the property2 and 7,,iii7 the requirements of this paragraph4 7iii7 ,assumed loans ,if an ,indian tribe assumes a loan under clause 7i7-- 7,i7 the ,secretary shall not foreclose the loan because of any default that occurred prior to the date of the assumption2 7,,ii7 the loan shall be for the lesser of the outstanding principal and interest of the loan or the fair market value of the property2 and 7,,iii7 the loan shall be treated as though the loan was made under ,public ,law #ia-bbi 7#be ,u4,s4,c4 #dhh et seq474 7,f7 ,amount of bid by secretary 7i7 ,in general ,except as provided in clause 7ii71 at a foreclosure sale of real property described in subparagraph 7,a71 the ,secretary shall offer a bid for the property that is equal to the higher of-- 7,i7 the fair market value of the property2 or 7,,ii7 the outstanding principal and interest on the loan4 7ii7 ,hazardous substances ,if a hazardous substance 7as defined in section #aja7ad7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja7ad777 is located on the property and the ,secretary takes remedial action to protect human health or the environment if the property is taken into inventory1 clause 7i7 shall apply only if the ,secretary determines that bidding is in the best interests of the ,federal ,government4 7#d7 ,detrimental effect on value of area farmland ,the ,secretary shall not offer for sale or sell any farmland referred to in paragraphs 7#a7 through 7#c7 if placing the farmland on the market will have a detrimental effect on the value of farmland in the area4 7#e7 ,installment sales and multiple operators 7,a7 ,in general ,the ,secretary may sell farmland administered under this title through an installment sale or similar device that contains such terms as the ,secretary considers necessary to protect the investment of the ,federal ,government in the land4 7,b7 ,sale of contract ,the ,secretary may subsequently sell any contract entered into to carry out subparagraph 7,a74 7#f7 ,highly erodible land ,in the case of farmland administered under this title that is highly erodible land 7as defined in section #abja of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chja771 the ,secretary may require the use of specified conservation practices on the land as a condition of the sale or lease of the land4 7#g7 ,no effect on acreage allotments1 marketing quotas1 or acreage bases ,notwithstanding any other law1 compliance by the ,secretary with this subsection shall not cause any acreage allotment1 marketing quota1 or acreage base assigned to the property to lapse1 terminate1 be reduced1 or otherwise be adversely affected4 7#h7 ,no preemption of state law ,if a conflict exists between any provision of this subsection and any provision of the law of any ,state providing a right of first refusal to the owner of farmland or the operator of a farm before the sale or lease of land to any other person1 the provision of ,state law shall prevail4 7d7 ,release of normal income security 7#a7 ,definition of normal income security ,in this subsection3 7,a7 ,in general ,except as provided in subparagraph 7,b71 the term normal income security means all security not considered basic security1 including crops1 livestock1 poultry products1 ,farm ,service ,agency payments and ,commodity ,credit ,corporation payments1 and other property covered by ,farm ,service ,agency liens that is sold in conjunction with the operation of a farm or other business4 7,b7 ,exceptions ,the term normal income security does not include any equipment 7including fixtures in ,states that have adopted the ,uniform ,commercial ,code71 or foundation herd or flock1 that is-- 7i7 the basis of the farming or other operation2 and 7ii7 the basic security for a farmer program loan4 7#b7 ,general release ,the ,secretary shall release from the normal income security provided for a loan an amount sufficient to pay for the essential household and farm operating expenses of the borrower1 until such time as the ,secretary accelerates the loan4 7#c7 ,notice of reporting requirements and rights ,if a borrower is required to plan for or to report as to how proceeds from the sale of collateral property will be used1 the ,secretary shall notify the borrower of-- 7,a7 the requirement2 and 7,b7 the right to the release of funds under this subsection and the means by which a request for the funds may be made4 7e7 ,easements on inventoried property 7#a7 ,in general ,subject to paragraph 7#b71 in the disposal of real property under this section1 the ,secretary shall establish perpetual wetland conservation easements to protect and restore wetland or converted wetland that exists on inventoried property4 7#b7 ,limitation ,the ,secretary shall not establish a wetland conservation easement on an inventoried property that-- 7,a7 was cropland on the date the property entered the inventory of the ,secretary2 or 7,b7 was used for farming at any time during the period-- 7i7 beginning on the date that is #e years before the property entered the inventory of the ,secretary2 and 7ii7 ending on the date on which the property entered the inventory of the ,secretary4 7#c7 ,notification ,the ,secretary shall provide prior written notification to a borrower considering homestead retention that a wetland conservation easement may be placed on land for which the borrower is negotiating a lease option4 7#d7 ,appraised value ,the appraised value of the farm shall reflect the value of the land due to the placement of wetland conservation easements4 #cdaj4 ,contracts on loan security properties 7a7 ,contracts on loan security properties ,subject to subsection 7b71 the ,secretary may enter into a contract related to real property for conservation1 recreation1 or wildlife purposes4 7b7 ,limitations ,the ,secretary may enter into a contract under subsection 7a7 if-- 7#a7 the property is wetland1 upland1 or highly erodible land2 7#b7 the property is determined by the ,secretary to be suitable for the purpose involved2 and 7#c7 7,a7 the property secures a loan made under a law administered and held by the ,secretary2 and 7,b7 the contract would better enable a qualified borrower to repay the loan in a timely manner1 as determined by the ,secretary4 7c7 ,terms and conditions ,the terms and conditions specified in a contract under subsection 7a7 shall-- 7#a7 specify the purposes for which the real property may be used2 7#b7 identify any conservation measure to be taken1 and any recreational and wildlife use to be allowed1 with respect to the real property2 and 7#c7 require the owner to permit the ,secretary1 and any person or governmental entity designated by the ,secretary1 to have access to the real property for the purpose of monitoring compliance with the contract4 7d7 ,reduction or forgiveness of debt 7#a7 ,in general ,subject to this section1 the ,secretary may reduce or forgive the outstanding debt of a borrower-- 7,a7 in the case of a borrower to whom the ,secretary has made an outstanding loan under a law administered by the ,secretary1 by canceling that part of the aggregate amount of the outstanding loan that bears the same ratio to the aggregate amount as-- 7i7 the number of acres of the real property of the borrower that are subject to the contract2 bears to 7ii7 the aggregate number of acres securing the loan2 or 7,b7 in any other case1 by treating as prepaid that part of the principal amount of a new loan to the borrower issued and held by the ,secretary under a law administered by the ,secretary that bears the same ratio to the principal amount as-- 7i7 the number of acres of the real property of the borrower that are subject to the contract2 bears to 7ii7 the aggregate number of acres securing the new loan4 7#b7 ,maximum canceled amount ,the amount canceled or treated as prepaid under paragraph 7#a7 shall not exceed-- 7,a7 in the case of a delinquent loan1 the greater of-- 7i7 the value of the land on which the contract is entered into2 or 7ii7 the difference between-- 7,i7 the amount of the outstanding loan secured by the land2 and 7,,ii7 the value of the land2 or 7,b7 in the case of a nondelinquent loan1 #cc percent of the amount of the loan secured by the land4 7e7 ,consultation with fish and wildlife service ,if the ,secretary uses the authority provided by this section1 the ,secretary shall consult with the ,director of the ,fish and ,wildlife ,service for the purposes of-- 7#a7 selecting real property in which the ,secretary may enter into a contract under this section2 7#b7 formulating the terms and conditions of the contract2 and 7#c7 enforcing the contract4 7f7 ,enforcement ,the ,secretary1 and any person or governmental entity designated by the ,secretary1 may enforce a contract entered into by the ,secretary under this section4 #cdaa4 ,debt restructuring and loan servicing 7a7 ,in general ,the ,secretary shall modify a delinquent farmer program loan made under this subtitle1 or purchased from the lender or the ,federal ,deposit ,insurance ,corporation under section #cijb1 to the maximum extent practicable-- 7#a7 to avoid a loss to the ,secretary on the loan1 with priority consideration being placed on writing-down the loan principal and interest 7subject to subsections 7d7 and 7e771 and debt set-aside 7subject to subsection 7e771 to facilitate keeping the borrower on the farm1 or otherwise through the use of primary loan service programs under this section2 and 7#b7 to ensure that a borrower is able to continue farming operations4 7b7 ,eligibility ,to be eligible to obtain assistance under subsection 7a7-- 7#a7 the delinquency shall be due to a circumstance beyond the control of the borrower1 as defined in regulations issued by the ,secretary1 except that the regulations shall require that1 if the value of the assets calculated under subsection 7c77#b77;,a77ii7 that may be realized through liquidation or other methods would produce enough income to make the delinquent loan current1 the borrower shall not be eligible for assistance under subsection 7a72 7#b7 the borrower shall have acted in good faith with the ,secretary in connection with the loan as defined in regulations issued by the ,secretary2 7#c7 the borrower shall present a preliminary plan to the ,secretary that contains reasonable assumptions that demonstrate that the borrower will be able-- 7,a7 to meet the necessary family living and farm operating expenses of the borrower2 and 7,b7 to service all debts of the borrower1 including restructured loans2 and 7#d7 the loan1 if restructured1 shall result in a net recovery to the ,federal ,government1 during the term of the loan as restructured1 that would be more than or equal to the net recovery to the ,federal ,government from an involuntary liquidation or foreclosure on the property securing the loan4 7c7 ,restructuring determinations 7#a7 ,determination of net recovery ,in determining the net recovery from the involuntary liquidation of a loan under this section1 the ,secretary shall calculate-- 7,a7 the recovery value of the collateral securing the loan1 in accordance with paragraph 7#b72 and 7,b7 the value of the restructured loan1 in accordance with paragraph 7#c74 7#b7 ,recovery value ,for the purpose of paragraph 7#a71 the recovery value of the collateral securing the loan shall be based on the difference between-- 7,a7 7i7 the amount of the current appraised value of the interests of the borrower in the property securing the loan2 and 7ii7 the value of the interests of the borrower in all other assets that are-- 7,i7 not essential for necessary family living expenses2 7,,ii7 not essential to the operation of the farm2 and 7,,iii7 not exempt from judgment creditors or in a bankruptcy action under ,federal or ,state law2 7,b7 the estimated administrative1 attorney1 and other expenses associated with the liquidation and disposition of the loan and collateral1 including-- 7i7 the payment of prior liens2 7ii7 taxes and assessments1 depreciation1 management costs1 the yearly percentage decrease or increase in the value of the property1 and lost interest income1 each calculated for the average holding period for the type of property involved2 7iii7 resale expenses1 such as repairs1 commissions1 and advertising2 and 7iv7 other administrative and attorney costs2 and 7,c7 the value1 as determined by the ,secretary1 of any property not included in subparagraph 7,a77i7 if the property is specified in any security agreement with respect to the loan and the ,secretary determines that the value of the property should be included for purposes of this section4 7#c7 ,value of the restructured loan 7,a7 ,in general ,for the purpose of paragraph 7#a71 the value of the restructured loan shall be based on the present value of payments that the borrower would make to the ,federal ,government if the terms of the loan were modified under any combination of primary loan service programs to ensure that the borrower is able to meet the obligations and continue farming operations4 7,b7 ,present value ,for the purpose of calculating the present value referred to in subparagraph 7,a71 the ,secretary shall use a discount rate of not more than the current rate at the time of the calculation of #ij-;day ,treasury bills4 7,c7 ,cash flow margin ,for the purpose of assessing under subparagraph 7,a7 the ability of a borrower to meet debt obligations and continue farming operations1 the ,secretary shall assume that the borrower needs up to #aaj percent of the amount indicated for payment of farm operating expenses1 debt service obligations1 and family living expenses4 7#d7 ,notification ,not later than #ij days after receipt of a written request for restructuring from the borrower1 the ,secretary shall-- 7,a7 make the calculations specified in paragraphs 7#b7 and 7#c72 7,b7 notify the borrower in writing of the results of the calculations2 and 7,c7 provide documentation for the calculations4 7#e7 ,restructuring of loans 7,a7 ,in general ,if the value of a restructured loan is greater than or equal to the recovery value of the collateral securing the loan1 not later than #de days after notifying the borrower under paragraph 7#d71 the ,secretary shall offer to restructure the loan obligations of the borrower under this subtitle through primary loan service programs that would enable the borrower to meet the obligations 7as modified7 under the loan and to continue the farming operations of the borrower4 7,b7 ,restructuring ,if the borrower accepts an offer under subparagraph 7,a71 not later than #de days after receipt of notice of acceptance1 the ,secretary shall restructure the loan accordingly4 7#f7 ,termination of loan obligations ,the obligations of a borrower to the ,secretary under a loan shall terminate if-- 7,a7 the borrower satisfies the requirements of paragraphs 7#a7 and 7#b7 of subsection 7b72 7,b7 the value of the restructured loan is less than the recovery value2 and 7,c7 not later than #ij days after receipt of the notification described in paragraph 7#d77;,b71 the borrower pays 7or obtains third-party financing to pay7 the ,secretary an amount equal to the current market value4 7#g7 ,negotiation of appraisal 7,a7 ,in general ,in making a determination concerning restructuring under this subsection1 the ,secretary1 at the request of the borrower1 shall enter into negotiations with the borrower concerning appraisals required under this subsection4 7,b7 ,independent appraisal 7i7 ,in general ,if the borrower1 based on a separate current appraisal1 objects to the decision of the ,secretary regarding an appraisal1 the borrower and the ,secretary shall mutually agree1 to the extent practicable1 on an independent appraiser who shall conduct another appraisal of the property of the borrower4 7ii7 ,value of final appraisal ,the average of the #b appraisals under clause 7i7 that are closest in value shall become the final appraisal under this paragraph4 7iii7 ,cost of appraisal ,the borrower and the ,secretary shall each pay #a_/b of the cost of any independent appraisal4 7d7 ,principal and interest write-,down 7#a7 ,in general 7,a7 ,priority consideration ,in selecting the restructuring alternatives to be used in the case of a borrower who has requested restructuring under this section1 the ,secretary shall give priority consideration to the use of a principal and interest write-down if other creditors of the borrower 7other than any creditor who is fully collateralized7 representing a substantial portion of the total debt of the borrower held by the creditors of the borrower1 agree to participate in the development of the restructuring plan or agree to participate in a ,state mediation program4 7,b7 ,failure of creditors to agree ,failure of creditors to agree to participate in the restructuring plan or mediation program shall not preclude the use of a principal and interest write-down by the ,secretary if the ,secretary determines that restructuring results in the least cost to the ,secretary4 7#b7 ,participation of creditors ,before eliminating the option to use debt write-down in the case of a borrower1 the ,secretary shall make a reasonable effort to contact the creditors of the borrower1 either directly or through the borrower1 and encourage the creditors to participate with the ,secretary in the development of a restructuring plan for the borrower4 7e7 ,shared appreciation arrangements 7#a7 ,in general ,as a condition of restructuring a loan in accordance with this section1 the borrower of the loan may be required to enter into a shared appreciation arrangement that requires the repayment of amounts written off or set aside4 7#b7 ,terms ,a shared appreciation agreement shall-- 7,a7 have a term not to exceed #aj years2 and 7,b7 provide for recapture based on the difference between the appraised values of the real security property at the time of restructuring and at the time of recapture4 7#c7 ,percentage of recapture ,the amount of the appreciation to be recaptured by the ,secretary shall be-- 7,a7 #ge percent of the appreciation in the value of the real security property if the recapture occurs not later than #d years after the date of restructuring2 and 7,b7 #ej percent if the recapture occurs during the remainder of the term of the agreement4 7#d7 ,time of recapture ,recapture shall take place on the date that is the earliest of-- 7,a7 the end of the term of the agreement2 7,b7 the conveyance of the real security property2 7,c7 the repayment of the loans2 or 7,d7 the cessation of farming operations by the borrower4 7#e7 ,transfer of title ,transfer of title to the spouse of a borrower on the death of the borrower shall not be treated as a conveyance for the purpose of paragraph 7#d74 7#f7 ,notice of recapture ,not later than #ab months before the end of the term of a shared appreciation arrangement1 the ,secretary shall notify the borrower involved of the provisions of the arrangement4 7#g7 ,financing of recapture payment 7,a7 ,in general ,the ,secretary may amortize a recapture payment owed to the ,secretary under this subsection4 7,b7 ,term ,the term of an amortization under this paragraph may not exceed #be years4 7,c7 ,interest rate ,the interest rate applicable to an amortization under this paragraph may not exceed the rate applicable to a loan to reacquire homestead property less #ajj basis points4 7,d7 ,reamortization 7i7 ,in general ,the ,secretary may modify the amortization of a recapture payment referred to in subparagraph 7,a7 of this paragraph on which a payment has become delinquent if-- 7,i7 the default is due to circumstances beyond the control of the borrower2 and 7,,ii7 the borrower acted in good faith 7as determined by the ,secretary7 in attempting to repay the recapture amount4 7ii7 ,limitations 7,i7 ,term of reamortization ,the term of a reamortization under this subparagraph may not exceed #be years from the date of the original amortization agreement4 7,,ii7 ,no reduction or principal or unpaid interest due ,a reamortization of a recapture payment under this subparagraph may not provide for reducing the outstanding principal or unpaid interest due on the recapture payment4 7f7 ,interest rates ,any loan for farm ownership purposes1 farm operating purposes1 or disaster emergency purposes1 other than a guaranteed loan1 that is deferred1 consolidated1 rescheduled1 or reamortized shall1 notwithstanding any other provision of this subtitle1 bear interest on the balance of the original loan and for the term of the original loan at a rate that is the lowest of-- 7#a7 the rate of interest on the original loan2 7#b7 the rate being charged by the ,secretary for loans1 other than guaranteed loans1 of the same type at the time at which the borrower applies for a deferral1 consolidation1 rescheduling1 or reamortization2 or 7#c7 the rate being charged by the ,secretary for loans1 other than guaranteed loans1 of the same type at the time of the deferral1 consolidation1 rescheduling1 or reamortization4 7g7 ,period and effect 7#a7 ,period ,the ,secretary may consolidate or reschedule outstanding loans for payment over a period not to exceed #g years 7or1 in the case of loans for farm operating purposes1 #ae years7 from the date of the consolidation or rescheduling4 7#b7 ,effect ,the amount of unpaid principal and interest of the prior loans so consolidated or rescheduled shall not create a new charge against any loan levels authorized by law4 7h7 ,prerequisites to foreclosure or liquidation ,no foreclosure or other similar action shall be taken to liquidate any loan determined to be ineligible for restructuring by the ,secretary under this section-- 7#a7 until the borrower has been given the opportunity to appeal the decision2 and 7#b7 if the borrower appeals1 the appeals process has been completed1 and a determination has been made that the loan is ineligible for restructuring4 7i7 ,notice of ineligibility for restructuring 7#a7 ,in general ,a notice of ineligibility for restructuring shall be sent to the borrower by registered or certified mail not later than #ae days after a determination of ineligibility4 7#b7 ,contents ,the notice required under paragraph 7#a7 shall contain-- 7,a7 the determination and the reasons for the determination2 7,b7 the computations used to make the determination1 including the calculation of the recovery value of the collateral securing the loan2 and 7,c7 a statement of the right of the borrower to appeal the decision to the appeals division1 and to appear before a hearing officer4 7j7 ,independent appraisals 7#a7 ,in general ,an appeal may include a request by the borrower for an independent appraisal of any property securing the loan4 7#b7 ,process for appraisal ,on a request under paragraph 7#a71 the ,secretary shall present the borrower with a list of #c appraisers approved by the county supervisor1 from which the borrower shall select an appraiser to conduct the appraisal4 7#c7 ,cost ,the cost of an appraisal under this subsection shall be paid by the borrower4 7#d7 ,result ,the result of an appraisal under this subsection shall be considered in any final determination concerning the loan4 7#e7 ,copy ,a copy of any appraisal under this subsection shall be provided to the borrower4 7k7 ,partial liquidations ,if a partial liquidation of a delinquent loan is performed 7with the prior consent of the ,secretary7 as part of loan servicing by a guaranteed lender under this title1 the ,secretary shall not require full liquidation of the loan for the lender to be eligible to receive payment on losses4 7l7 ,only #a write-,down or net recovery buy-,out per borrower for a loan made after ,january #f1 #aihh 7#a7 ,in general ,the ,secretary may provide for each borrower not more than #a write-down or net recovery buy-out under this section with respect to all loans made to the borrower after ,january #f1 #aihh4 7#b7 ,special rule ,for purposes of paragraph 7#a71 the ,secretary shall treat any loan made on or before ,january #f1 #aihh1 with respect to which a restructuring1 write-down1 or net recovery buy-out is provided under this section after ,january #f1 #aihh1 as a loan made after ,january #f1 #aihh4 7m7 ,liquidation of assets ,the ,secretary may not use the authority provided by this section to reduce or terminate any portion of the debt of the borrower that the borrower could pay through the liquidation of assets 7or through the payment of the loan value of the assets1 if the loan value is greater than the liquidation value7 described in subsection 7c77#b77;,a77ii74 7n7 ,lifetime limitation on debt forgiveness per borrower ,the ,secretary may provide each borrower not more than #cjj1jjj in debt forgiveness under this section4 #cdab4 ,relief for mobilized military reservists from certain agricultural loan obligations 7a7 ,definition of mobilized military reservist ,in this section1 the term mobilized military reservist means an individual who-- 7#a7 is on active duty under section #fhh1 #abcja7;a71 #abcja7;g71 #abcjb1 #abcjd1 #abcjf1 or #abdjf1 or chapter #ae of title #aj1 ,united ,states ,code1 or any other provision of law during a war or during a national emergency declared by the ,president or ,congress1 regardless of the location at which the active duty service is performed2 or 7#b7 in the case of a member of the ,national ,guard1 is on full-time ,national ,guard duty 7as defined in section #aja7;d77#e7 of title #aj1 ,united ,states ,code7 under a call to active service authorized by the ,president or the ,secretary of ,defense for a period of more than #cj consecutive days under section #ejb7;f7 of title #cb1 ,united ,states ,code1 for purposes of responding to a national emergency declared by the ,president and supported by ,federal funds4 7b7 ,forgiveness of interest payments due while borrower is a mobilized military reservist ,any requirement that a borrower of a direct loan made under this subtitle make any interest payment on the loan that would otherwise be required to be made while the borrower is a mobilized military reservist is rescinded4 7c7 ,deferral of principal payments due while or after borrower is a mobilized military reservist ,the due date of any payment of principal on a direct loan made to a borrower under this subtitle that would otherwise be required to be made while or after the borrower is a mobilized military reservist is deferred for a period equal in length to the period for which the borrower is a mobilized military reservist4 7d7 ,nonaccrual of interest ,interest on a direct loan made to a borrower described in this section shall not accrue during the period the borrower is a mobilized military reservist4 7e7 ,borrower not considered ,to be delinquent or receiving debt forgiveness ,notwithstanding section #cdbe or any other provision of this title1 a borrower who receives assistance under this section shall not1 as a result of the assistance1 be considered to be delinquent or receiving debt forgiveness for purposes of receiving a direct or guaranteed loan under this subtitle4 #cdac4 ,interest rate reduction program 7a7 ,establishment of program ,the ,secretary shall establish and carry out in accordance with this section an interest rate reduction program for any loan guaranteed under this subtitle4 7b7 ,entering into contracts ,the ,secretary shall enter into a contract with1 and make payments to1 an institution to reduce1 during the term of the contract1 the interest rate paid by the borrower on the guaranteed loan if-- 7#a7 the borrower-- 7,a7 is unable to obtain credit elsewhere2 7,b7 is unable to make payments on the loan in a timely manner2 and 7,c7 during the #bd-month period beginning on the date on which the contract is entered into1 has a total estimated cash income1 including all farm and nonfarm income1 that will equal or exceed the total estimated cash expenses1 including all farm and nonfarm expenses1 to be incurred by the borrower during the period2 and 7#b7 during the term of the contract1 the lender reduces the annual rate of interest payable on the loan by a minimum percentage specified in the contract4 7c7 ,payments 7#a7 ,in general ,subject to paragraph 7#b71 in return for a contract entered into by a lender under subsection 7b7 for the reduction of the interest rate paid on a loan1 the ,secretary shall make payments to the lender in an amount equal to not more than #ajj percent of the cost of reducing the annual rate of interest payable on the loan4 7#b7 ,limitation ,payments under paragraph 7#a7 may not exceed the cost of reducing the rate by more than #djj basis points4 7d7 ,term ,the term of a contract entered into under this section to reduce the interest rate on a guaranteed loan may not exceed the outstanding term of the loan4 7e7 ,condition on foreclosure ,notwithstanding any other law1 any contract of guarantee on a farm loan entered into under this subtitle shall contain a condition that the lender of the loan may not initiate a foreclosure action on the loan until #fj days after a determination is made with respect to the eligibility of the borrower to participate in the program established under this section4 #cdad4 ,homestead property 7a7 ,definitions ,in this section3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,small ,business ,administration4 7#b7 ,borrower-owner ,the term borrower-owner means-- 7,a7 a borrower-owner of a loan made or guaranteed by the ,secretary or the ,administrator who meets the eligibility requirements of subsection 7c77#a72 or 7,b7 in a case in which an owner of homestead property pledged the property to secure the loan and the owner is different than the borrower1 the owner4 7#c7 ,farm program loan ,the term farm program loan means a loan made by the ,administrator under the ,small ,business ,act 7#ae ,u4,s4,c4 #fca et seq47 for any of the purposes authorized for loans under chapter #a or #b4 7#d7 ,homestead property ,the term homestead property means-- 7,a7 the principal residence and adjoining property possessed and occupied by a borrower-owner1 including a reasonable number of farm outbuildings located on the adjoining land that are useful to any occupant of the homestead2 and 7,b7 not more than #aj acres of adjoining land that is used to maintain the family of the borrower-owner4 7b7 ,retention of homestead property 7#a7 ,in general ,the ,secretary or the ,administrator shall1 on application by a borrower-owner who meets the eligibility requirements of subsection 7c77#a71 permit the borrower-owner to retain possession and occupancy of homestead property under the terms set forth1 and until the action described in this section has been completed1 if-- 7,a7 the ,secretary forecloses or takes into inventory property securing a loan made under this subtitle2 7,b7 the ,administrator forecloses or takes into inventory property securing a farm program loan made under the ,small ,business ,act 7#ae ,u4,s4,c4 #fca et seq472 or 7,c7 the borrower-owner of a loan made by the ,secretary or the ,administrator files a petition in bankruptcy that results in the conveyance of the homestead property to the ,secretary or the ,administrator1 or agrees to voluntarily liquidate or convey the property in whole or in part4 7#b7 ,period of occupancy ,subject to subsection 7c71 the ,secretary or the ,administrator shall not grant a period of occupancy of less than #c nor more than #e years4 7c7 ,eligibility 7#a7 ,in general ,to be eligible to occupy homestead property1 a borrower-owner of a loan made by the ,secretary or the ,administrator shall-- 7,a7 apply for the occupancy not later than #cj days after the property is acquired by the ,secretary or ,administrator2 7,b7 have received from farming operations gross farm income that is reasonably commensurate with-- 7i7 the size and location of the farming unit of the borrower-owner2 and 7ii7 local agricultural conditions 7including natural and economic conditions71 during at least #b calendar years of the #f-year period preceding the calendar year in which the application is made2 7,c7 have received from farming operations at least #fj percent of the gross annual income of the borrower-owner and any spouse of the borrower-owner during at least #b calendar years of the #f-year period described in subparagraph 7,b72 7,d7 have continuously occupied the homestead property during the #f-year period described in subparagraph 7,b71 except that the requirement of this subparagraph may be waived if a borrower-owner1 due to circumstances beyond the control of the borrower-owner1 had to leave the homestead property for a period of time not to exceed #ab months during the #f-year period2 7,e7 during the period of occupancy of the homestead property1 pay a reasonable sum as rent for the property to the ,secretary or the ,administrator in an amount substantially equivalent to rents charged for similar residential properties in the area in which the homestead property is located2 7,f7 during the period of the occupancy of the homestead property1 maintain the property in good condition2 and 7,g7 meet such other reasonable and necessary terms and conditions as the ,secretary may require4 7#b7 ,definition of farming operations ,in subparagraphs 7,b7 and 7,c7 of paragraph 7#a71 the term farming operations includes rent paid by a lessee of agricultural land during a period in which the borrower-owner1 due to circumstances beyond the control of the borrower-owner1 is unable to actively farm the land4 7#c7 ,termination of rights 7,a7 ,in general ,for purposes of paragraph 7#a77;,e71 the failure of the borrower-owner to make a timely rental payment shall constitute cause for the termination of all rights of the borrower-owner to possession and occupancy of the homestead property under this section4 7,b7 ,procedure for termination ,in effecting a termination under subparagraph 7,a71 the ,secretary shall-- 7i7 afford the borrower-owner or lessee the notice and hearing procedural rights described in subtitle ,h of the ,department of ,agriculture ,reorganization ,act of #aiid 7#g ,u4,s4,c4 #fiia et seq472 and 7ii7 comply with any applicable ,state and local law governing eviction of a person from residential property4 7#d7 ,rights of borrower-owner 7,a7 ,period of occupancy ,subject to subsection 7b77#b71 the period of occupancy allowed the borrower-owner of homestead property under this section shall be the period requested in writing by the borrower-owner4 7,b7 ,right to reacquire 7i7 ,in general ,during the period the borrower-owner occupies the homestead property1 the borrower-owner shall have a right to reacquire the homestead property on such terms and conditions as the ,secretary shall determine4 7ii7 ,socially disadvantaged borrower-owner ,during the period of occupancy of a borrower-owner who is a socially disadvantaged farmer1 the borrower-owner or a member of the immediate family of the borrower-owner shall have a right of first refusal to reacquire the homestead property on such terms and conditions as the ,secretary shall determine4 7iii7 ,independent appraisal ,the ,secretary may not demand a payment for the homestead property that is in excess of the current market value of the homestead property as established by an independent appraisal4 7iv7 ,conduct of appraisal ,an independent appraisal under clause 7iii7 shall be conducted by an appraiser selected by the borrower-owner1 or1 in the case of a borrower-owner who is a socially disadvantaged farmer1 the immediate family member of the borrower-owner1 from a list of #c appraisers approved by the county supervisor4 7#e7 ,transfer of rights 7,a7 ,in general ,except as provided in subparagraph 7,b71 no right of a borrower-owner under this section1 and no agreement entered into between the borrower-owner and the ,secretary for occupancy of the homestead property1 shall be transferable or assignable by the borrower-owner or by operation of law4 7,b7 ,death or incompetency ,in the case of death or incompetency of the borrower-owner1 the right and agreement shall be transferable to a spouse of the borrower-owner if the spouse agrees to comply with any terms and conditions of the right or agreement4 7#f7 ,notification ,not later than the date of acquisition of the property securing a loan made under this title1 the ,secretary shall notify the borrower-owner of the property of the availability of homestead protection rights under this section4 7d7 ,end of period of occupancy 7#a7 ,in general ,at the end of the period of occupancy allowed a borrower-owner under subsection 7c71 the ,secretary or the ,administrator shall grant to the borrower-owner a right of first refusal to reacquire the homestead property on such terms and conditions 7which may include payment of principal in installments7 as the ,secretary or the ,administrator shall determine4 7#b7 ,terms and conditions ,the terms and conditions granted under paragraph 7#a7 may not be less favorable than those offered by the ,secretary or ,administrator or intended by the ,secretary or ,administrator to be offered to any other buyer4 7e7 ,maximum payment of principal 7#a7 ,in general ,at the time a reacquisition agreement is entered into1 the ,secretary or the ,administrator may not demand a total payment of principal that is in excess of the value of the homestead property4 7#b7 ,determination of value ,to the maximum extent practicable1 the value of the homestead property shall be determined by an independent appraisal made during the #ahj-;day period beginning on the date of receipt of the application of the borrower-owner to retain possession and occupancy of the homestead property4 7f7 ,title not needed ,to enter into contracts ,the ,secretary may enter into a contract authorized by this section before the ,secretary acquires title to the homestead property that is the subject of the contract4 7g7 ,state law prevails ,in the event of a conflict between this section and a provision of ,state law relating to the right of a borrower-owner to designate for separate sale or redeem part or all of the real property securing a loan foreclosed on by a lender to the borrower-owner1 the provision of ,state law shall prevail4 #cdae4 ,transfer of inventory land 7a7 ,in general ,subject to subsection 7b71 the ,secretary may transfer to a ,federal or ,state agency1 for conservation purposes1 any real property1 or interest in real property1 administered by the ,secretary under this subtitle-- 7#a7 with respect to which the rights of all prior owners and operators have expired2 7#b7 that is eligible to be disposed of in accordance with section #cdji2 and 7#c7 that-- 7,a7 has marginal value for agricultural production2 7,b7 is environmentally sensitive2 or 7,c7 has special management importance4 7b7 ,conditions ,the ,secretary may not transfer any property or interest in property under subsection 7a7 unless-- 7#a7 at least #b public notices are given of the transfer2 7#b7 if requested1 at least #a public meeting is held prior to the transfer2 and 7#c7 the ,governor and at least #a elected county official of the ,state and county in which the property is located are consulted prior to the transfer4 #cdaf4 ,target participation rates 7a7 ,establishment 7#a7 ,in general ,the ,secretary shall establish annual target participation rates1 on a county-wide basis1 that shall ensure that members of socially disadvantaged groups shall-- 7,a7 receive loans made or guaranteed under chapter #a2 and 7,b7 have the opportunity to purchase or lease farmland acquired by the ,secretary under this subtitle4 7#b7 ,group population ,except as provided in paragraph 7#c71 in establishing the target rates1 the ,secretary shall take into consideration-- 7,a7 the portion of the population of the county made up of the socially disadvantaged groups2 and 7,b7 the availability of inventory farmland in the county4 7#c7 ,gender ,in the case of gender1 target participation rates shall take into consideration the number of current and potential socially disadvantaged farmers in a ,state in proportion to the total number of farmers in the ,state4 7b7 ,reservation and allocation 7#a7 ,reservation ,to the maximum extent practicable1 the ,secretary shall reserve sufficient loan funds made available under chapter #a for use by members of socially disadvantaged groups identified under target participation rates established under subsection 7a74 7#b7 ,allocation ,the ,secretary shall allocate the loans on the basis of the proportion of members of socially disadvantaged groups in a county and the availability of inventory farmland1 with the greatest amount of loan funds being distributed in the county with the greatest proportion of socially disadvantaged group members and the greatest quantity of available inventory farmland4 7#c7 ,indian reservations ,in distributing loan funds in counties within the boundaries of an ,indian reservation1 the ,secretary shall allocate the funds on a reservation-wide basis4 7c7 ,operating loans 7#a7 ,establishment 7,a7 ,in general ,the ,secretary shall establish annual target participation rates that shall ensure that socially disadvantaged farmers receive loans made or guaranteed under chapter #b4 7,b7 ,considerations ,in establishing the target rates1 the ,secretary shall consider the number of socially disadvantaged farmers in a ,state in proportion to the total number of farmers in the ,state4 7#b7 ,reservation and allocation 7,a7 ,in general ,to the maximum extent practicable1 the ,secretary shall reserve and allocate the proportion of the loan funds of each ,state made available under chapter #b that is equal to the target participation rate of the ,state for use by the socially disadvantaged farmers in the ,state4 7,b7 ,distribution ,to the maximum extent practicable1 the ,secretary shall distribute the total loan funds reserved under subparagraph 7,a7 on a county-by-county basis according to the number of socially disadvantaged farmers in the county4 7,c7 ,reallocation of unused funds ,any funds reserved and allocated under this paragraph but not used within a ,state shall1 to the extent necessary to satisfy pending applications under this title1 be available for use by socially disadvantaged farmers in other ,states1 as determined by the ,secretary1 and any remaining funds shall be reallocated within the ,state4 7d7 ,report ,the ,secretary shall prepare and submit to the ,committee on ,agriculture of the ,house of ,representatives and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate a report that describes the annual target participation rates and the success in meeting the rates4 7e7 ,implementation consistent with supreme court holding ,not later than #ahj days after ,april #d1 #aiif1 the ,secretary shall ensure that the implementation of this section is consistent with the holding of the ,supreme ,court in ,adarand ,constructors1 ,inc4 v4 ,federico ,pena1 ,secretary of ,transportation1 #aae ,s4 ,ct4 #bjig 7#aiie74 #cdag4 ,compromise or adjustment of debts or claims by guaranteed lender 7a7 ,loss by lender ,if the lender of a guaranteed farmer program loan takes any action described in section #cijc7;a77#d7 with respect to the loan and the ,secretary approves the action1 for purposes of the guarantee1 the lender shall be treated as having sustained a loss equal to the amount by which-- 7#a7 the outstanding balance of the loan immediately before the action2 exceeds 7#b7 the outstanding balance of the loan immediately after the action4 7b7 ,net present value of loan ,the ,secretary shall approve the taking of an action described in section #cijc7;a77#d7 by the lender of a guaranteed farmer program loan with respect to the loan if the action reduces the net present value of the loan to an amount equal to not less than the greater of-- 7#a7 the greatest net present value of a loan the borrower could reasonably be expected to repay2 and 7#b7 the difference between-- 7,a7 the greatest amount that the lender of the loan could reasonably expect to recover from the borrower through bankruptcy1 or liquidation of the property securing the loan2 and 7,b7 all reasonable and necessary costs and expenses that the lender of the loan could reasonably expect to incur to preserve or dispose of the property 7including all associated legal and property management costs7 in the course of such a bankruptcy or liquidation4 7c7 ,no limitation on authority ,this section shall not limit the authority of the ,secretary to enter into a shared appreciation arrangement with a borrower under section #cdaa7;e74 #cdah4 ,waiver of mediation rights by borrowers ,the ,secretary may not make or guarantee any farmer program loan to a farm borrower on the condition that the borrower waive any right under the mediation program of any ,state4 #cdai4 ,borrower training 7a7 ,in general ,the ,secretary shall contract to provide educational training to all borrowers of direct loans made under this subtitle in financial and farm management concepts associated with commercial farming4 7b7 ,contract 7#a7 ,in general ,the ,secretary may contract with a ,state or private provider of farm management and credit counseling services 7including a community college1 the extension service of a ,state1 a ,state department of agriculture1 or a nonprofit organization7 to carry out this section4 7#b7 ,consultation ,the ,secretary may consult with the chief executive officer of a ,state concerning the identity of the contracting organization and the process for contracting4 7c7 ,eligibility for loans 7#a7 ,in general ,subject to paragraph 7#b71 to be eligible to obtain a direct or guaranteed loan under this subtitle1 a borrower shall be required to obtain management assistance under this section1 appropriate to the management ability of the borrower during the determination of eligibility for the loan4 7#b7 ,loan conditions ,the need of a borrower who satisfies the criteria set out in section #caja7;b77#a77;,b7 or #cbja7;b77#a77;,b7 for management assistance under this section shall not be cause for denial of eligibility of the borrower for a direct or guaranteed loan under this subtitle4 7d7 ,guidelines and curriculum ,the ,secretary shall issue regulations establishing guidelines and curriculum for the borrower training program established under this section4 7e7 ,payment ,a borrower-- 7#a7 shall pay for training received under this section2 and 7#b7 may use funds from operating loans made under chapter #b to pay for the training4 7f7 ,waivers 7#a7 ,in general ,the ,secretary may waive the requirements of this section for an individual borrower on a determination that the borrower demonstrates adequate knowledge in areas described in this section4 7#b7 ,criteria ,the ,secretary shall establish criteria providing for the application of paragraph 7#a7 consistently in all counties nationwide4 #cdbj4 ,loan assessments 7a7 ,in general ,after an applicant is determined to be eligible for assistance under this subtitle1 the ,secretary shall evaluate1 in accordance with regulations issued by the ,secretary1 the farming plan and financial situation of each qualified farmer applicant4 7b7 ,determinations ,in evaluating the farming plan and financial situation of an applicant under this section1 the ,secretary shall determine-- 7#a7 the amount that the applicant needs to borrow to carry out the proposed farming plan2 7#b7 the rate of interest that the applicant would need to be able to cover expenses and build an adequate equity base2 7#c7 the goals of the proposed farming plan of the applicant2 7#d7 the financial viability of the plan and any changes that are necessary to make the plan viable2 and 7#e7 whether assistance is necessary under this title and1 if so1 the amount of the assistance4 7c7 ,contract ,the ,secretary may contract with a third party 7including an entity that is eligible to provide borrower training under section #cdai7;b77 to conduct a loan assessment under this section4 7d7 ,review of loans 7#a7 ,in general ,loan assessments conducted under this section shall include biannual review of direct loans1 and periodic review 7as determined necessary by the ,secretary7 of guaranteed loans1 made under this title to assess the progress of a borrower in meeting the goals for the farm operation4 7#b7 ,contracts ,the ,secretary may contract with an entity that is eligible to provide borrower training under section #cdai7;b7 to conduct a loan review under paragraph 7#a74 7#c7 ,problem assessments ,if a borrower is delinquent in payments on a direct or guaranteed loan made under this title1 the ,secretary or the contracting entity shall determine the cause of1 and action necessary to correct1 the delinquency4 7e7 ,guidelines ,the ,secretary shall issue regulations providing guidelines for loan assessments conducted under this section4 #cdba4 ,supervised credit ,the ,secretary shall provide adequate training to employees of the ,farm ,service ,agency on credit analysis and financial and farm management-- 7#a7 to better acquaint the employees with what constitutes adequate financial data on which to base a direct or guaranteed loan approval decision2 and 7#b7 to ensure proper supervision of farmer program loans4 #cdbb4 ,market placement ,the ,secretary shall establish a market placement program for a qualified beginning farmer and any other borrower of farmer program loans that the ,secretary believes has a reasonable chance of qualifying for commercial credit with a guarantee provided under this subtitle4 #cdbc4 ,recordkeeping of loans by gender of borrower ,the ,secretary shall classify1 by gender1 records of applicants for loans and loan guarantees under this subtitle4 #cdbd4 ,crop insurance requirement 7a7 ,in general ,as a condition of obtaining any benefit 7including a direct loan1 loan guarantee1 or payment7 described in subsection 7b71 a borrower shall be required to obtain at least catastrophic risk protection insurance coverage under section #ejh of the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aejh7 for the crop and crop year for which the benefit is sought1 if the coverage is offered by the ,federal ,crop ,insurance ,corporation4 7b7 ,applicable benefits ,subsection 7a7 shall apply to-- 7#a7 a farm ownership loan under section #cajb2 7#b7 an operating loan under section #cbjb2 and 7#c7 an emergency loan under section #ccja4 #cdbe4 ,loan and loan servicing limitations 7a7 ,delinquent borrowers prohibited from obtaining direct operating loans ,the ,secretary may not make a direct operating loan under chapter #b to a borrower who is delinquent on any loan made or guaranteed under this subtitle4 7b7 ,loans prohibited for borrowers that have received debt forgiveness 7#a7 ,prohibitions ,except as provided in paragraph 7#b7-- 7,a7 the ,secretary may not make a loan under this subtitle to a borrower that has received debt forgiveness on a loan made or guaranteed under this subtitle2 and 7,b7 the ,secretary may not guarantee a loan under this subtitle to a borrower that has received-- 7i7 debt forgiveness after ,april #d1 #aiif1 on a loan made or guaranteed under this subtitle2 or 7ii7 received debt forgiveness on more than #c occasions on or before ,april #d1 #aiif4 7#b7 ,exceptions 7,a7 ,in general ,the ,secretary may make a direct or guaranteed farm operating loan for paying annual farm operating expenses of a borrower who-- 7i7 was restructured with a write-down under section #cdaa2 7ii7 is current on payments under a confirmed reorganization plan under chapters #a #aa1 #ab1 or #ac of title #aa of the ,united ,states ,code2 or 7iii7 received debt forgiveness on not more than #a occasion resulting directly and primarily from a major disaster or emergency designated by the ,president on or after ,april #d1 #aiif1 under the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaba et seq474 7,b7 ,emergency loans ,the ,secretary may make an emergency loan under section #ccja to a borrower that-- 7i7 on or before ,april #d1 #aiif1 received not more than #a debt forgiveness on a loan made or guaranteed under this subtitle2 and 7ii7 after ,april #d1 #aiif1 has not received debt forgiveness on a loan made or guaranteed under this subtitle4 7c7 ,no more than #a debt forgiveness for a borrower on a direct loan ,the ,secretary may not provide to a borrower debt forgiveness on a direct loan made under this subtitle if the borrower has received debt forgiveness on another direct loan made under this subtitle4 #cdbf4 ,short form certification of farm program borrower compliance ,the ,secretary shall develop and use a consolidated short form for farmer program loan borrowers to use in certifying compliance with any applicable provision of law 7including a regulation7 that serves as an eligibility prerequisite for a loan made under this subtitle4 #cdbg4 ,underwriting forms and standards ,in the administration of this subtitle1 the ,secretary shall1 to the extent practicable1 use underwriting forms1 standards1 practices1 and terminology similar to the forms1 standards1 practices1 and terminology used by lenders in the private sector4 #cdbh4 ,beginning farmer individual development accounts pilot program 7a7 ,definitions ,in this section3 7#a7 ,demonstration program ,the term demonstration program means a demonstration program carried out by a qualified entity under the pilot program established in subsection 7b77#a74 7#b7 ,eligible participant ,the term eligible participant means a qualified beginning farmer that-- 7,a7 lacks significant financial resources or assets2 and 7,b7 has an income that is less than-- 7i7 #hj percent of the median income of the ,state in which the farmer resides2 or 7ii7 #bjj percent of the most recent annual ,federal ,poverty ,income ,guidelines published by the ,department of ,health and ,human ,services for the ,state4 7#c7 ,individual development account ,the term individual development account means a savings account described in subsection 7b77#d77;,a74 7#d7 ,qualified entity 7,a7 ,in general ,the term qualified entity means-- 7i7 #a or more organizations-- 7,i7 described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf2 and 7,,ii7 exempt from taxation under section #eja7;a7 of such ,code2 or 7ii7 a ,state1 local1 or tribal government submitting an application jointly with an organization described in clause 7i74 7,b7 ,no prohibition on collaboration ,an organization described in subparagraph 7,a77i7 may collaborate with a financial institution or for-profit community development corporation to carry out the purposes of this section4 7b7 ,pilot program 7#a7 ,in general ,the ,secretary shall establish a pilot program to be known as the ,new ,farmer ,individual ,development ,accounts ,pilot ,program under which the ,secretary shall work through qualified entities to establish demonstration programs-- 7,a7 of at least #e years in duration2 and 7,b7 in at least #ae ,states4 7#b7 ,coordination ,the ,secretary shall operate the pilot program through and in coordination with the farmer program loans of the ,farm ,service ,agency4 7#c7 ,reserve funds 7,a7 ,in general ,a qualified entity carrying out a demonstration program under this section shall establish a reserve fund consisting of a non-,federal match of #ej percent of the total amount of the grant awarded to the demonstration program under this section4 7,b7 ,federal funds ,after the qualified entity has deposited the non-,federal matching funds described in subparagraph 7,a7 in the reserve fund1 the ,secretary shall provide the total amount of the grant awarded under this section to the demonstration program for deposit in the reserve fund4 7,c7 ,use of funds ,of the funds deposited under subparagraph 7,b7 in the reserve fund established for a demonstration program1 the qualified entity carrying out the demonstration program-- 7i7 may use up to #aj percent for administrative expenses2 and 7ii7 shall use the remainder in making matching awards described in paragraph 7#d77;,b77ii77,i74 7,d7 ,interest ,any interest earned on amounts in a reserve fund established under subparagraph 7,a7 may be used by the qualified entity as additional matching funds for1 or to administer1 the demonstration program4 7,e7 ,guidance ,the ,secretary shall issue guidance regarding the investment requirements of reserve funds established under this paragraph4 7,f7 ,reversion ,on the date on which all funds remaining in any individual development account established by a qualified entity have reverted under paragraph 7#e77;,b77ii7 to the reserve fund established by the qualified entity1 there shall revert to the ,treasury of the ,united ,states a percentage of the amount 7if any7 in the reserve fund equal to-- 7i7 the amount of ,federal funds deposited in the reserve fund under subparagraph 7,b7 that were not used for administrative expenses2 divided by 7ii7 the total amount of funds deposited in the reserve fund4 7#d7 ,individual development accounts 7,a7 ,in general ,a qualified entity receiving a grant under this section shall establish and administer individual development accounts for eligible participants4 7,b7 ,contract requirements ,to be eligible to receive funds under this section from a qualified entity1 an eligible participant shall enter into a contract with only #a qualified entity under which-- 7i7 the eligible participant agrees-- 7,i7 to deposit a certain amount of funds of the eligible participant in a personal savings account1 as prescribed by the contractual agreement between the eligible participant and the qualified entity2 7,,ii7 to use the funds described in subclause 7,i7 only for #a or more eligible expenditures described in paragraph 7#e77;,a72 and 7,,iii7 to complete financial training2 and 7ii7 the qualified entity agrees-- 7,i7 to deposit1 not later than #a month after an amount is deposited pursuant to clause 7i77,i71 at least a #ajj-percent1 and up to a #bjj-percent1 match of that amount into the individual development account established for the eligible participant2 and 7,,ii7 with uses of funds proposed by the eligible participant4 7,c7 ,limitation 7i7 ,in general ,a qualified entity administering a demonstration program under this section may provide not more than #f1jjj for each fiscal year in matching funds to the individual development account established by the qualified entity for an eligible participant4 7ii7 ,treatment of amount ,an amount provided under clause 7i7 shall not be considered to be a gift or loan for mortgage purposes4 7#e7 ,eligible expenditures 7,a7 ,in general ,an eligible expenditure described in this subparagraph is an expenditure-- 7i7 to purchase farmland or make a down payment on an accepted purchase offer for farmland2 7ii7 to make mortgage payments on farmland purchased pursuant to clause 7i71 for up to #ahj days after the date of the purchase2 7iii7 to purchase breeding stock1 fruit or nut trees1 or trees to harvest for timber2 and 7iv7 for other similar expenditures1 as determined by the ,secretary4 7,b7 ,timing 7i7 ,in general ,an eligible participant may make an eligible expenditure at any time during the #b-year period beginning on the date on which the last matching funds are provided under paragraph 7#d77;,b77ii77,i7 to the individual development account established for the eligible participant4 7ii7 ,unexpended funds ,at the end of the period described in clause 7i71 any funds remaining in an individual development account established for an eligible participant shall revert to the reserve fund of the demonstration program under which the account was established4 7c7 ,applications 7#a7 ,in general ,a qualified entity that seeks to carry out a demonstration program under this section may submit to the ,secretary an application at such time1 in such form1 and containing such information as the ,secretary may prescribe4 7#b7 ,criteria ,in considering whether to approve an application to carry out a demonstration program under this section1 the ,secretary shall assess-- 7,a7 the degree to which the demonstration program described in the application is likely to aid eligible participants in successfully pursuing new farming opportunities2 7,b7 the experience and ability of the qualified entity to responsibly administer the demonstration program2 7,c7 the experience and ability of the qualified entity in recruiting1 educating1 and assisting eligible participants to increase economic independence and pursue or advance farming opportunities2 7,d7 the aggregate amount of direct funds from non-,federal public sector and private sources that are formally committed to the demonstration program as matching contributions2 7,e7 the adequacy of the plan of the qualified entity to provide information relevant to an evaluation of the demonstration program2 and 7,f7 such other factors as the ,secretary considers to be appropriate4 7#c7 ,preferences ,in considering an application to conduct a demonstration program under this section1 the ,secretary shall give preference to an application from a qualified entity that demonstrates-- 7,a7 a track record of serving clients targeted by the program1 including1 as appropriate1 socially disadvantaged farmers2 and 7,b7 expertise in dealing with financial management aspects of farming4 7#d7 ,approval ,not later than #a year after the date of enactment of this section1 in accordance with this section1 the ,secretary shall1 on a competitive basis1 approve such applications to conduct demonstration programs as the ,secretary considers appropriate4 7#e7 ,term of authority ,if the ,secretary approves an application to carry out a demonstration program1 the ,secretary shall authorize the applicant to carry out the project for a period of #e years1 plus an additional #b years to make eligible expenditures in accordance with subsection 7b77#e77;,b74 7d7 ,grant authority 7#a7 ,in general ,the ,secretary shall make a grant to a qualified entity authorized to carry out a demonstration program under this section4 7#b7 ,maximum amount of grants ,the aggregate amount of grant funds provided to a demonstration program carried out under this section shall not exceed #bej1jjj4 7#c7 ,timing of grant payments ,the ,secretary shall pay the amounts awarded under a grant made under this section-- 7,a7 on the awarding of the grant2 or 7,b7 pursuant to such payment plan as the qualified entity may specify4 7e7 ,reports 7#a7 ,annual progress reports 7,a7 ,in general ,not later than #fj days after the end of the calendar year in which the ,secretary authorizes a qualified entity to carry out a demonstration program under this section1 and annually thereafter until the conclusion of the demonstration program1 the qualified entity shall prepare an annual report that includes1 for the period covered by the report-- 7i7 an evaluation of the progress of the demonstration program2 7ii7 information about the demonstration program1 including the eligible participants and the individual development accounts that have been established2 and 7iii7 such other information as the ,secretary may require4 7,b7 ,submission of reports ,a qualified entity shall submit each report required under subparagraph 7,a7 to the ,secretary4 7#b7 ,reports by the ,secretary ,not later than #a year after the date on which all demonstration programs under this section are concluded1 the ,secretary shall submit to ,congress a final report that describes the results and findings of all reports and evaluations carried out under this section4 7f7 ,annual review ,the ,secretary may conduct an annual review of the financial records of a qualified entity-- 7#a7 to assess the financial soundness of the qualified entity2 and 7#b7 to determine the use of grant funds made available to the qualified entity under this section4 7g7 ,regulations ,in carrying out this section1 the ,secretary may promulgate regulations to ensure that the program includes provisions for-- 7#a7 the termination of demonstration programs2 7#b7 control of the reserve funds in the case of such a termination2 7#c7 transfer of demonstration programs to other qualified entities2 and 7#d7 remissions from a reserve fund to the ,secretary in a case in which a demonstration program is terminated without transfer to a new qualified entity4 7h7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #e1jjj1jjj for each of fiscal years #bjac through #bjah4 #cdbi4 ,farmer loan pilot projects 7a7 ,in general ,the ,secretary may conduct pilot projects of limited scope and duration that are consistent with this subtitle to evaluate processes and techniques that may improve the efficiency and effectiveness of the programs carried out under this subtitle 7b7 ,notification ,the ,secretary shall-- 7#a7 not less than #fj days before the date on which the ,secretary initiates a pilot project under subsection 7a71 submit notice of the proposed pilot project to the ,committee on ,agriculture of the ,house of ,representatives and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate2 and 7#b7 consider any recommendations or feedback provided to the ,secretary in response to the notice provided under paragraph 7#a74 #cdcj4 ,prohibition on use of loans for certain purposes 7a7 ,in general ,except as provided in subsections 7b7 and 7c71 the ,secretary may not approve a loan under this subtitle to drain1 dredge1 fill1 level1 or otherwise manipulate a wetland 7as defined in section #abja7;a7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chja7;a7771 or to engage in any activity that results in impairing or reducing the flow1 circulation1 or reach of water4 7b7 ,prior activity ,subsection 7a7 does not apply in the case of-- 7#a7 an activity related to the maintenance of a previously converted wetland2 or 7#b7 an activity that had already commenced before ,november #bh1 #aiij4 7c7 ,exception ,this section shall not apply to a loan made or guaranteed under this subtitle for a utility line4 #cdca4 ,authorization of appropriations and allocation of funds 7a7 ,authorization for loans 7#a7 ,in general ,the ,secretary may make or guarantee loans under chapters #a and #b from the ,agricultural ,credit ,insurance ,fund for not more than #d1bbf1jjj1jjj for each of fiscal years #bjac through #bjah1 of which1 for each fiscal year-- 7,a7 #a1bjj1jjj1jjj shall be for direct loans1 of which-- 7i7 #cej1jjj1jjj shall be for farm ownership loans2 and 7ii7 #hej1jjj1jjj shall be for operating loans2 and 7,b7 #c1jbf1jjj1jjj shall be for guaranteed loans1 of which-- 7i7 #a1jjj1jjj1jjj shall be for guarantees of farm ownership loans2 and 7ii7 #b1jbf1jjj1jjj shall be for guarantees of operating loans4 7#b7 ,beginning farmers 7,a7 ,direct loans 7i7 ,farm ownership loans 7,i7 ,in general ,of the amounts made available under paragraph 7#a7 for direct farm ownership loans1 the ,secretary shall reserve an amount that is not less than #ge percent of the total amount for qualified beginning farmers4 7,,ii7 ,down payment loans2 joint financing arrangements ,of the amounts reserved for a fiscal year under subclause 7,i71 the ,secretary shall reserve an amount not less than #b_/c of the amount for the down payment loan program under section #cajg and joint financing arrangements under section #caje until ,april #a of the fiscal year4 7ii7 ,operating loans ,of the amounts made available under paragraph 7#a7 for direct operating loans1 the ,secretary shall reserve for qualified beginning farmers for each of fiscal years #bjac through #bjah1 an amount that is not less than #ej percent of the total amount4 7iii7 ,funds reserved until ,september #a ,except as provided in clause 7i77,,ii71 funds reserved for qualified beginning farmers under this subparagraph for a fiscal year shall be reserved only until ,september #a of the fiscal year4 7,b7 ,guaranteed loans 7i7 ,farm ownership loans ,of the amounts made available under paragraph 7#a7 for guarantees of farm ownership loans1 the ,secretary shall reserve an amount that is not less than #dj percent of the total amount for qualified beginning farmers4 7ii7 ,operating loans ,of the amounts made available under paragraph 7#a7 for guarantees of operating loans1 the ,secretary shall reserve #dj percent for qualified beginning farmers4 7iii7 ,funds reserved until ,april #a ,funds reserved for qualified beginning farmers under this subparagraph for a fiscal year shall be reserved only until ,april #a of the fiscal year4 7,c7 ,reserved funds for all qualified beginning farmers ,if a qualified beginning farmer meets the eligibility criteria for receiving a direct or guaranteed loan under section #caja1 #cajg1 or #cbja1 the ,secretary shall make or guarantee the loan if sufficient funds reserved under this paragraph are available to make or guarantee the loan4 7#c7 ,transfer for down payment loans 7,a7 ,in general ,subject to subparagraph 7,b7-- 7i7 beginning on ,august #a of each fiscal year1 the ,secretary shall use available unsubsidized guaranteed farm operating loan funds to provide direct farm ownership loans approved by the ,secretary to qualified beginning farmers under the down payment loan program established under section #cajg1 if sufficient direct farm ownership loan funds are not otherwise available2 and 7ii7 beginning on ,september #a of each fiscal year1 the ,secretary shall use available unsubsidized guaranteed farm operating loan funds to provide direct farm ownership loans approved by the ,secretary to qualified beginning farmers1 if sufficient direct farm ownership loan funds are not otherwise available4 7,b7 ,limitation ,the ,secretary shall limit the transfer of funds under subparagraph 7,a7 so that all guaranteed farm operating loans that have been approved1 or will be approved1 by the ,secretary during the fiscal year will be made to the extent of available amounts4 7#d7 ,transfer for credit sales of farm inventory property 7,a7 ,in general ,subject to subparagraphs 7,b7 and 7,c71 beginning on ,september #a of each fiscal year1 the ,secretary may use available funds made available under chapter #c for the fiscal year to fund the credit sale of farm real estate in the inventory of the ,secretary4 7,b7 ,supplemental appropriations ,the transfer authority provided under subparagraph 7,a7 shall not apply to any funds made available to the ,secretary for any fiscal year under an ,act making supplemental appropriations4 7,c7 ,limitation ,the ,secretary shall limit the transfer of funds under subparagraph 7,a7 so that all emergency disaster loans that have been approved1 or will be approved1 by the ,secretary during the fiscal year will be made to the extent of available amounts4 7#e7 ,availability of funds ,funds made available to carry out this subtitle shall remain available until expended4 7b7 ,cost projections 7#a7 ,in general ,the ,secretary shall develop long-term cost projections for loan program authorizations required under subsection 7a74 7#b7 ,analysis ,each projection under paragraph 7#a7 shall include analyses of-- 7,a7 the long-term costs of the lending levels that the ,secretary requests to be authorized under subsection 7a72 and 7,b7 the long-term costs for increases in lending levels beyond those requested to be authorized1 based on increments of #aj1jjj1jjj or such other levels as the ,secretary considers appropriate4 7#c7 ,submission to congress ,the ,secretary shall submit to the ,committees on ,agriculture and ,appropriations of the ,house of ,representatives and the ,committees on ,agriculture1 ,nutrition1 and ,forestry and ,appropriations of the ,senate reports containing the long-term cost projections for the #c-year period beginning with fiscal year #aihc and each #c-year period thereafter at the time the requests for authorizations for those periods are submitted to ,congress4 7c7 ,low-,income1 limited-,resource borrowers 7#a7 ,reserve ,notwithstanding any other provision of law1 not less than #be percent of the loans for farm ownership purposes for each fiscal year under this subtitle shall be for low-income1 limited-resource borrowers4 7#b7 ,notification ,the ,secretary shall provide notification to farm borrowers under this subtitle in the normal course of loan making and loan servicing operations1 of the provisions of this subtitle relating to low-income1 limited-resource borrowers and the procedures by which persons may apply for loans under the low-income1 limited-resource borrower program4 4 ,b ,miscellaneous #eaja4 ,state agricultural mediation programs ,section #ejf of the ,agricultural ,credit ,act of #aihg 7#g ,u4,s4,c4 #eajf7 is amended by striking #bjae and inserting #bjah4 #eajb4 ,loans to purchasers of highly fractionated land 7a7 ,in general ,the first sentence of ,public ,law #ia-bbi 7#be ,u4,s4,c4 #dhh7 is amended-- 7#a7 in subsection 7a71 in the first sentence1 by striking loans from and all that follows through #aibi7 and inserting direct loans in a manner consistent with direct loans pursuant to chapter #d of subtitle ,a of the ,consolidated ,farm and ,rural ,development ,act2 7#b7 in subsection 7b77#a7-- 7,a7 by striking pursuant to section #bje7;c7 of the ,indian ,land ,consolidation ,act 7#be ,u4,s4,c4 #bbjd7;c772 and 7,b7 by inserting or to intermediaries in order to establish revolving loan funds for the purchase of highly fractionated land under that section before the period at the end2 and 7#c7 by adding at the end the following3 7c7 ,consultation required ,in determining regulations and procedures to define eligible purchasers of highly fractionated land under this section1 the ,secretary of ,agriculture shall consult with the ,secretary of the ,interior4 4 #eajc4 ,removal of duplicative appraisals ,notwithstanding any other law 7including regulations71 in making loans under the first section of ,public ,law #ia-bbi 7#be ,u4,s4,c4 #dhh71 borrowers who are ,indian tribes1 members of ,indian tribes1 or tribal corporations shall only be required to obtain #a appraisal under an appraisal standard recognized as of the date of enactment of this ,act by the ,secretary or the ,secretary of the ,interior4 ,,vi ,rural ,development ,a ,reorganization of the ,consolidated ,farm and ,rural ,development ,act #fjja4 ,reorganization of the ,consolidated ,farm and ,rural ,development ,act ,title ,,iii of the ,agricultural ,act of #aifa 7#g ,u4,s4,c4 #aiba et seq47 is amended to read as follows3 ,,iii ,agricultural credit #cjja4 ,short title2 table of contents 7a7 ,short title ,this title may be cited as the ,consolidated ,farm and ,rural ,development ,act4 7b7 ,table of contents ,the table of contents of this title is as follows3 ,,title ,,iii--,agricultural credit ,sec4 #cjja4 ,short title2 table of contents4 ,sec4 #cjjb4 ,definitions4 ,subtitle ,a--,farmer loans1 servicing1 and other assistance ,chapter #a--;,farm ownership loans ,sec4 #caja4 ,farm ownership loans4 ,sec4 #cajb4 ,purposes of loans4 ,sec4 #cajc4 ,conservation loan and loan guarantee program4 ,sec4 #cajd4 ,loan maximums4 ,sec4 #caje4 ,repayment requirements for farm ownership loans4 ,sec4 #cajf4 ,limited-resource loans4 ,sec4 #cajg4 ,downpayment loan program4 ,sec4 #cajh4 ,beginning farmer and socially disadvantaged farmer contract land sales program4 ,chapter #b--,operating loans ,sec4 #cbja4 ,operating loans4 ,sec4 #cbjb4 ,purposes of loans4 ,sec4 #cbjc4 ,restrictions on loans4 ,sec4 #cbjd4 ,terms of loans4 ,chapter #c--;,emergency loans ,sec4 #ccja4 ,emergency loans4 ,sec4 #ccjb4 ,purposes of loans4 ,sec4 #ccjc4 ,terms of loans4 ,sec4 #ccjd4 ,production losses4 ,chapter #d--;,general farmer loan provisions ,sec4 #cdja4 ,agricultural ,credit ,insurance ,fund4 ,sec4 #cdjb4 ,guaranteed farmer loans4 ,sec4 #cdjc4 ,provision of information to borrowers4 ,sec4 #cdjd4 ,notice of loan service programs4 ,sec4 #cdje4 ,planting and production history guidelines4 ,sec4 #cdjf4 ,special conditions and limitations on loans4 ,sec4 #cdjg4 ,graduation of borrowers4 ,sec4 #cdjh4 ,debt adjustment and credit counseling4 ,sec4 #cdji4 ,security servicing4 ,sec4 #cdaj4 ,contracts on loan security properties4 ,sec4 #cdaa4 ,debt restructuring and loan servicing4 ,sec4 #cdab4 ,relief for mobilized military reservists from certain agricultural loan obligations4 ,sec4 #cdac4 ,interest rate reduction program4 ,sec4 #cdad4 ,homestead property4 ,sec4 #cdae4 ,transfer of inventory land4 ,sec4 #cdaf4 ,target participation rates4 ,sec4 #cdag4 ,compromise or adjustment of debts or claims by guaranteed lender4 ,sec4 #cdah4 ,waiver of mediation rights by borrowers4 ,sec4 #cdai4 ,borrower training4 ,sec4 #cdbj4 ,loan assessments4 ,sec4 #cdba4 ,supervised credit4 ,sec4 #cdbb4 ,market placement4 ,sec4 #cdbc4 ,recordkeeping of loans by gender of borrower4 ,sec4 #cdbd4 ,crop insurance requirement4 ,sec4 #cdbe4 ,loan and loan servicing limitations4 ,sec4 #cdbf4 ,short form certification of farm program borrower compliance4 ,sec4 #cdbg4 ,underwriting forms and standards4 ,sec4 #cdbh4 ,beginning farmer individual development accounts pilot program4 ,sec4 #cdbi4 ,farmer loan pilot projects4 ,sec4 #cdcj4 ,prohibition on use of loans for certain purposes4 ,sec4 #cdca4 ,authorization of appropriations and allocation of funds4 ,subtitle ,b--,rural development ,chapter #a--,rural community programs ,sec4 #ceja4 ,water and waste disposal loans1 loan guarantees1 and grants4 ,sec4 #cejb4 ,community facilities loans1 loan guarantees1 and grants4 ,sec4 #cejc4 ,health care services4 ,chapter #b--,rural business and cooperative development ,sec4 #cfja4 ,business programs4 ,sec4 #cfjb4 ,rural ,business ,investment ,program4 ,chapter #c--;,general rural development provisions ,sec4 #cgja4 ,general provisions for loans and grants4 ,sec4 #cgjb4 ,strategic economic and community development4 ,sec4 #cgjc4 ,guaranteed rural development loans4 ,sec4 #cgjd4 ,rural ,development ,insurance ,fund4 ,sec4 #cgje4 ,rural economic area partnership zones4 ,sec4 #cgjf4 ,streamlining applications and improving accessibility of rural development programs4 ,sec4 #cgjg4 ,state ,rural ,development ,partnership4 ,chapter #d--;,delta ,regional ,authority ,sec4 #chja4 ,definitions4 ,sec4 #chjb4 ,delta ,regional ,authority4 ,sec4 #chjc4 ,economic and community development grants4 ,sec4 #chjd4 ,supplements to ,federal grant programs4 ,sec4 #chje4 ,local development districts2 certification and administrative expenses4 ,sec4 #chjf4 ,distressed counties and areas and nondistressed counties4 ,sec4 #chjg4 ,development planning process4 ,sec4 #chjh4 ,program development criteria4 ,sec4 #chji4 ,approval of development plans and projects4 ,sec4 #chaj4 ,consent of ,states4 ,sec4 #chaa4 ,records4 ,sec4 #chab4 ,annual report4 ,sec4 #chac4 ,authorization of appropriations4 ,sec4 #chad4 ,termination of authority4 ,chapter #e--,northern ,great ,plains ,regional ,authority ,sec4 #chba4 ,definitions4 ,sec4 #chbb4 ,northern ,great ,plains ,regional ,authority4 ,sec4 #chbc4 ,interstate cooperation for economic opportunity and efficiency4 ,sec4 #chbd4 ,economic and community development grants4 ,sec4 #chbe4 ,supplements to ,federal grant programs4 ,sec4 #chbf4 ,multistate and local development districts and organizations and ,northern ,great ,plains ,inc4 ,sec4 #chbg4 ,distressed counties and areas and nondistressed counties4 ,sec4 #chbh4 ,development planning process4 ,sec4 #chbi4 ,program development criteria4 ,sec4 #chcj4 ,approval of development plans and projects4 ,sec4 #chca4 ,consent of ,states4 ,sec4 #chcb4 ,records4 ,sec4 #chcc4 ,annual report4 ,sec4 #chcd4 ,authorization of appropriations4 ,sec4 #chce4 ,termination of authority4 ,subtitle ,c--,general provisions ,sec4 #cija4 ,full faith and credit4 ,sec4 #cijb4 ,purchase and sale of guaranteed portions of loans4 ,sec4 #cijc4 ,administration4 ,sec4 #cijd4 ,loan moratorium and policy on foreclosures4 ,sec4 #cije4 ,oil and gas royalty payments on loans4 ,sec4 #cijf4 ,taxation4 ,sec4 #cijg4 ,conflicts of interest4 ,sec4 #cijh4 ,loan summary statements4 ,sec4 #ciji4 ,certified lenders program4 ,sec4 #ciaj4 ,loans to resident aliens4 ,sec4 #ciaa4 ,expedited clearing of title to inventory property4 ,sec4 #ciab4 ,transfer of land to ,secretary4 ,sec4 #ciac4 ,competitive sourcing limitations4 ,sec4 #ciad4 ,regulations4 #cjjb4 ,definitions ,in this title 7unless the context otherwise requires73 7#a7 ,able to obtain credit elsewhere ,the term able to obtain credit elsewhere means able to obtain a loan from a production credit association1 a ,federal land bank1 or other responsible cooperative or private credit source 7or1 in the case of a borrower under section #cajf1 the borrower may be able to obtain a loan under section #caja7 at reasonable rates and terms1 taking into consideration prevailing private and cooperative rates and terms in the community in or near which the applicant resides for loans for similar purposes and periods of time4 7#b7 ,agricultural credit insurance fund ,the term ,agricultural ,credit ,insurance ,fund means the fund established under section #cdja4 7#c7 ,approved lender ,the term approved lender means-- 7,a7 a lender approved prior to ,october #bh1 #aiib1 by the ,secretary under the approved lender program established by exhibit ,a to subpart ,b of part #aihj of title #g1 ,code of ,federal ,regulations 7as in effect on ,january #a1 #aiia72 or 7,b7 a lender certified under section #ciji4 7#d7 ,aquaculture ,the term aquaculture means the culture or husbandry of aquatic animals or plants by private industry for commercial purposes1 including the culture and growing of fish by private industry for the purpose of creating or augmenting publicly owned and regulated stocks of fish4 7#e7 ,beginning farmer ,the term beginning farmer has the meaning given the term by the ,secretary4 7#f7 ,borrower 7,a7 ,in general ,except as provided in subparagraph 7,b71 the term borrower means an individual or entity who has an outstanding obligation to the ,secretary under any loan made or guaranteed under this title1 without regard to whether the loan has been accelerated4 7,b7 ,exclusions ,the term borrower does not include an individual or entity all of whose loans and accounts have been foreclosed on or liquidated1 voluntarily or otherwise4 7#g7 ,county committee ,the term county committee means the appropriate county committee established under section #h7;b77#e7 of the ,soil ,conservation and ,domestic ,allotment ,act 7#af ,u4,s4,c4 #eij;h7b77#e774 7#h7 ,debt forgiveness 7,a7 ,in general ,except as provided in subparagraph 7,b71 the term debt forgiveness means reducing or terminating a loan made or guaranteed under this title1 in a manner that results in a loss to the ,secretary1 through-- 7i7 writing down or writing off a loan under section #cdaa2 7ii7 compromising1 adjusting1 reducing1 or charging-off a debt or claim under section #cijc2 7iii7 paying a loss on a guaranteed loan under this title2 or 7iv7 discharging a debt as a result of bankruptcy4 7,b7 ,loan restructuring ,the term debt forgiveness does not include consolidation1 rescheduling1 reamortization1 or deferral4 7#i7 ,department ,the term ,department means the ,department of ,agriculture4 7#aj7 ,direct loan ,the term direct loan means a loan made by the ,secretary from appropriated funds4 7#aa7 ,entity ,the term entity means a corporation1 farm cooperative1 partnership1 joint operation1 governmental entity1 or other legal organization1 as determined by the ,secretary4 7#ab7 ,farm ,the term farm means an operation involved in-- 7,a7 the production of an agricultural commodity2 7,b7 ranching2 or 7,c7 aquaculture4 7#ac7 ,farmer ,the term farmer means an individual or entity engaged primarily and directly in-- 7,a7 the production of an agricultural commodity2 7,b7 ranching2 or 7,c7 aquaculture4 7#ad7 ,farmer program loan ,the term farmer program loan means-- 7,a7 a farm ownership loan under section #caja2 7,b7 a conservation loan under section #cajc2 7,c7 an operating loan under section #cbja2 7,d7 an emergency loan under section #ccja2 7,e7 an economic emergency loan under section #bjb of the ,emergency ,agricultural ,credit ,adjustment ,act of #aigh 7#g ,u4,s4,c4 prec4 #aifa note2 ,public ,law #ie-ccd72 7,f7 a loan for a farm service building under section #ejb of the ,housing ,act of #aidi 7#db ,u4,s4,c4 #adgb72 7,g7 an economic opportunity loan under section #fjb of the ,economic ,opportunity ,act of #aifd 7,public ,law #hh-deb2 #db ,u4,s4,c4 #bidb note7 7as it existed before the amendment made by section #fhc7;a7 of the ,omnibus ,budget ,reconciliation ,act of #aiha 7,public ,law #ig-ce2 #ie ,stat4 #eai772 7,h7 a softwood timber loan under section #fjh of the ,agricultural ,programs ,adjustment ,act of #aihd 7#g ,u4,s4,c4 #aiha note2 ,public ,law #ih-beh72 or 7,i7 any other loan described in section #cdc7;a77#aj7 of this title 7as it existed before the amendment made by section #b of the ,agriculture ,reform1 ,food1 and ,jobs ,act of #bjac7 that is outstanding on the date of enactment of that ,act4 7#ae7 ,farm service agency ,the term ,farm ,service ,agency means the offices of the ,farm ,service ,agency to which the ,secretary delegates responsibility to carry out this title4 7#af7 ,governmental entity ,the term governmental entity means any agency of the ,united ,states1 a ,state1 or a unit of local government of a ,state1 or subdivision thereof4 7#ag7 ,guarantee ,the term guarantee means guaranteeing the payment of a loan originated1 held1 and serviced by a private financial agency1 or lender1 approved by the ,secretary4 7#ah7 ,highly erodible land ,the term highly erodible land has the meaning given the term in section #abja7;a7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chja7;a774 7#ai7 ,homestead retention ,the term homestead retention means homestead retention as authorized under section #cdad4 7#bj7 ,indian tribe ,the term ,indian tribe means a ,federal and ,state-recognized ,indian tribe or other federally recognized ,indian tribal group 7including a ,tribal ,college or ,university1 as defined in section #caf7;b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajei;c7b774 7#ba7 ,loan service program ,the term loan service program means1 with respect to a farmer program loan borrower1 a primary loan service program or a homestead retention program4 7#bb7 ,natural or major disaster or emergency ,the term natural or major disaster or emergency means-- 7,a7 a disaster due to nonmanmade causes declared by the ,secretary2 or 7,b7 a major disaster or emergency designated by the ,president under the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaba et seq474 7#bc7 ,primary loan service program ,the term primary loan service program means1 with respect to a farmer program loan-- 7,a7 loan consolidation1 rescheduling1 or reamortization2 7,b7 interest rate reduction1 including the use of the limited resource program2 7,c7 loan restructuring1 including deferral1 set aside1 or writing down of the principal or accumulated interest charges1 or both1 of the loan2 or 7,d7 any combination of actions described in subparagraphs 7,a71 7,b71 and 7,c74 7#bd7 ,prime farmland ,the term prime farmland means prime farmland and unique farmland 7as defined in subsections 7a7 and 7b7 of section #feg4e of title #g1 ,code of ,federal ,regulations 7#aihj774 7#be7 ,project ,for purposes of section #ceja1 the term project includes a facility providing central service or a facility serving an individual property1 or both4 7#bf7 ,qualified beginning farmer ,the term qualified beginning farmer means an applicant1 regardless of whether the applicant is participating in a program under section #cajg1 who-- 7,a7 is eligible for assistance under this title2 7,b7 has not operated a farm1 or has operated a farm for not more than #aj years2 7,c7 in the case of a cooperative1 corporation1 partnership1 or joint operation1 has members1 stockholders1 partners1 or joint operators who are all related to each other by blood or marriage2 7,d7 in the case of a farmer who is the owner and operator of a farm-- 7i7 in the case of a loan made to an individual1 individually or with the immediate family of the applicant-- 7,i7 materially and substantially participates in the operation of the farm2 and 7,,ii7 provides substantial day-to-day labor and management of the farm1 consistent with the practices in the ,state or county in which the farm is located2 or 7ii7 7,i7 in the case of a loan made to a cooperative1 corporation1 partnership1 or joint operation1 has members1 stockholders1 partners1 or joint operators who materially and substantially participate in the operation of the farm2 and 7,,ii7 in the case of a loan made to a corporation1 has stockholders who all qualify individually as beginning farmers2 7,e7 in the case of an applicant seeking to become an owner and operator of a farm-- 7i7 in the case of a loan made to an individual1 individually or with the immediate family of the applicant1 will-- 7,i7 materially and substantially participate in the operation of the farm2 and 7,,ii7 provide substantial day-to-day labor and management of the farm1 consistent with the practices in the ,state or county in which the farm is located2 or 7ii7 7,i7 in the case of a loan made to a cooperative1 corporation1 partnership1 or joint operation1 will have members1 stockholders1 partners1 or joint operators who will materially and substantially participate in the operation of the farm2 and 7,,ii7 in the case of a loan made to a corporation1 has stockholders who will all qualify individually as beginning farmers2 7,f7 agrees to participate in such loan assessment1 borrower training1 and financial management programs as the ,secretary may require2 7,g7 7i7 does not own farm land2 or 7ii7 directly or through interests in family farm corporations1 owns farm land1 the aggregate acreage of which does not exceed #cj percent of the average acreage of the farms1 as the case may be1 in the county in which the farm operations of the applicant are located1 as reported in the most recent census of agriculture taken in accordance with the ,census of ,agriculture ,act of #aiig 7#g ,u4,s4,c4 #bbjd;g et seq471 except that this subparagraph shall not apply to a loan made or guaranteed under chapter #b of subtitle ,a2 and 7,h7 demonstrates that the available resources of the applicant and any spouse of the applicant are not sufficient to enable the applicant to farm on a viable scale4 7#bg7 ,recreational purpose ,for purposes of section #cdaj1 the term recreational purpose has the meaning provided by the ,secretary1 but shall include hunting4 7#bh7 ,rural and rural area 7,a7 ,in general ,subject to any determination made under subparagraph 7,b71 the terms rural' and #8rural area mean any area other than-- 7i7 a city or town that has a population of greater than #ej1jjj inhabitants2 and 7ii7 any urbanized area contiguous and adjacent to a city or town described in clause 7i74 7,b7 ,determination of areas rural in character 7i7 ,in general ,if part of an area described in subparagraph 7,a77ii7 was eligible under the definitions of the terms rural and rural area in section #cdc 7as in effect on the day before the date of enactment of the ,agriculture ,reform1 ,food1 and ,jobs ,act of #bjac7 for community facility1 water and waste disposal1 and broadband programs1 that area shall remain eligible unless the ,secretary1 acting through the ,under ,secretary for ,rural ,development 7referred to in this subparagraph as the ,under ,secretary71 determines the area is no longer rural1 based on the criteria described in clause 7iii74 7ii7 ,other areas ,on petition of a unit of local government in an urbanized area described in subparagraph 7,a77ii71 or on the initiative of the ,under ,secretary1 the ,under ,secretary may determine that part of an area is rural1 based on the criteria described in clause 7iii74 7iii7 ,criteria ,in making a determination under clause 7i71 the ,under ,secretary shall consider-- 7,i7 population density2 7,,ii7 economic conditions1 favoring a rural determination for areas facing-- 7aa7 chronic unemployment in excess of statewide averages2 7bb7 sudden loss of employment from natural disaster or the loss of a significant employer in the area2 or 7cc7 chronic poverty demonstrated at the census block or county level compared to statewide median household income2 and 7,,iii7 commuting patterns1 favoring a rural determination for areas that can demonstrate higher proportions of the population living and working in the area4 7iv7 ,administration ,in carrying out this subparagraph1 the ,under ,secretary shall-- 7,i7 not delegate the authority to carry out this subparagraph2 7,,ii7 not make a determination under clause 7i7 until the date that is #c years after the date of enactment of the ,agriculture ,reform1 ,food1 and ,jobs ,act of #bjac2 7,,iii7 consult with the applicable rural development ,state or regional director of the ,department and the ,governor of the respective ,state2 7,,iv7 provide an opportunity to appeal to the ,under ,secretary a determination made under this subparagraph2 7,v7 release to the public notice of a petition filed or initiative of the ,under ,secretary under this subparagraph not later than #cj days after receipt of the petition or the commencement of the initiative1 as appropriate2 7,,vi7 make a determination under this subparagraph not less than #ae days1 and not more than #fj days1 after the release of the notice under subclause 7,v72 and 7,,vii7 submit to the ,committee on ,agriculture of the ,house of ,representatives and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate an annual report on actions taken to carry out this subparagraph4 7v7 ,hawaii and ,puerto ,rico ,notwithstanding any other provision of this subsection1 within the areas of the ,county of ,honolulu1 ,hawaii1 and the ,commonwealth of ,puerto ,rico1 the ,under ,secretary may designate any part of the areas as a rural area if the ,under ,secretary determines that the part is not urban in character1 other than any area included in the ,honolulu ,census ,designated ,place or the ,san ,juan ,census ,designated ,place4 7,c7 ,exclusions ,notwithstanding any other provision of this paragraph1 in determining which census blocks in an urbanized area are not in a rural area 7as defined in this paragraph71 the ,secretary shall exclude any cluster of census blocks that would otherwise be considered not in a rural area only because the cluster is adjacent to not more than #b census blocks that are otherwise considered not in a rural area under this paragraph4 7#bi7 ,seasoned direct loan borrower ,the term seasoned direct loan borrower means a borrower who could reasonably be expected to qualify for commercial credit using criteria determined by the ,secretary4 7#cj7 ,secretary ,the term ,secretary means the ,secretary of ,agriculture4 7#ca7 ,socially disadvantaged farmer ,the term socially disadvantaged farmer means a farmer who is a member of a socially disadvantaged group4 7#cb7 ,socially disadvantaged group ,the term socially disadvantaged group means a group whose members have been subjected to racial1 ethnic1 or gender prejudice because of the identity of the members as members of a group without regard to the individual qualities of the members4 7#cc7 ,solar energy ,the term solar energy means energy derived from sources 7other than fossil fuels7 and technologies included in the ,federal ,nonnuclear ,energy ,research and ,development ,act of #aigd 7#db ,u4,s4,c4 #eija et seq474 7#cd7 ,state ,the term ,state means-- 7,a7 in this title 7other than subtitle ,a71 each of the #ej ,states1 the ,commonwealth of ,puerto ,rico1 the ,virgin ,islands1 ,guam1 ,american ,samoa1 the ,commonwealth of the ,northern ,mariana ,islands1 the ,republic of the ,marshall ,islands1 the ,federated ,states of ,micronesia1 and the ,republic of ,palau2 and 7,b7 in subtitle ,a1 each of the #ej ,states1 the ,commonwealth of ,puerto ,rico1 the ,virgin ,islands1 ,guam1 ,american ,samoa1 the ,commonwealth of the ,northern ,mariana ,islands1 and1 to the extent the ,secretary determines it to be feasible and appropriate1 the ,republic of the ,marshall ,islands1 the ,federated ,states of ,micronesia1 and the ,republic of ,palau4 7#ce7 ,state beginning farmer program ,the term ,state beginning farmer program means any program that is-- 7,a7 carried out by1 or under contract with1 a ,state2 and 7,b7 designed to assist qualified beginning farmers in obtaining the financial assistance necessary to enter agriculture and establish viable farming operations4 7#cf7 ,veteran ,the term veteran has the meaning given the term in section #aja of title #ch1 ,united ,states ,code4 7#cg7 ,wetland ,the term wetland has the meaning given the term in section #abja7;a7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chja7;a774 7#ch7 ,wildlife ,the term wildlife means fish or wildlife 7as defined in section #b7;a7 of the ,lacey ,act ,amendments of #aiha 7#af ,u4,s4,c4 #ccga7;a7774 ,b ,rural development #a ,rural community programs #ceja4 ,water and waste disposal loans1 loan guarantees1 and grants 7a7 ,in general ,the ,secretary may make grants and loans and issue loan guarantees 7including a guarantee of a loan financed by the net proceeds of a bond described in section #adb7;a7 of the ,internal ,revenue ,code of #aihf7 to eligible entities described in subsection 7b7 for projects in rural areas that primarily serve rural residents to provide for-- 7#a7 the development1 storage1 treatment1 purification1 or distribution of water or the collection1 treatment1 or disposal of waste2 and 7#b7 financial assistance and other aid in the planning of projects for purposes described in paragraph 7#a74 7b7 ,eligible entities ,entities eligible for assistance described in subsection 7a7 are-- 7#a7 associations 7including corporations not operated for profit72 7#b7 ,indian tribes2 7#c7 public and quasi-public agencies2 and 7#d7 in the case of a project to attach an individual property in a rural area to a water system to alleviate a health risk1 an individual4 7c7 ,loan and loan guarantee requirements ,in connection with loans made or guaranteed under this section1 the ,secretary shall require the applicant-- 7#a7 to certify in writing1 and the ,secretary shall determine1 that the applicant is unable to obtain sufficient credit elsewhere to finance the actual needs of the applicant at reasonable rates and terms1 taking into consideration prevailing private and cooperative rates and terms in the community in or near which the applicant resides for loans for similar purposes and periods of time2 and 7#b7 to furnish an appropriate written financial statement4 7d7 ,grant amounts 7#a7 ,maximum ,except as otherwise provided in this subsection1 the amount of any grant made under this section shall not exceed #ge percent of the development cost of the project for which the grant is provided4 7#b7 ,grant rate ,the ,secretary shall establish the grant rate for each project in conformity with regulations issued by the ,secretary that shall provide for a graduated scale of grant rates that establish higher rates for projects in communities that have-- 7,a7 lower community population2 7,b7 higher rates of outmigration2 and 7,c7 lower income levels4 7#c7 ,local share requirements ,grants made under this section may be used to pay the local share requirements of another ,federal grant-in-aid program to the extent permitted under the law providing for the grant-in-aid program4 7e7 ,special grants 7#a7 ,revolving funds for financing water and wastewater projects 7,a7 ,in general ,the ,secretary may make grants to qualified1 nonprofit entities in rural areas to capitalize revolving funds for the purpose of providing financing to eligible entities for-- 7i7 predevelopment costs associated with proposed water and wastewater projects or with existing water and wastewater systems2 and 7ii7 short-term costs incurred for replacement equipment1 small-scale extension services1 or other small capital projects that are not part of the regular operations and maintenance activities of existing water and wastewater systems4 7,b7 ,maximum amount of financing ,the amount of financing made to an eligible entity under this paragraph shall not exceed-- 7i7 #ajj1jjj for costs described in subparagraph 7,a77i72 and 7ii7 #ajj1jjj for costs described in subparagraph 7,a77ii74 7,c7 ,term ,the term of financing provided to an eligible entity under this paragraph shall not exceed #aj years4 7,d7 ,administration ,the ,secretary shall limit the amount of grant funds that may be used by a grant recipient for administrative costs incurred under this paragraph4 7,e7 ,annual report ,a nonprofit entity receiving a grant under this paragraph shall submit to the ,secretary an annual report that describes the number and size of communities served and the type of financing provided4 7,f7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this paragraph #cj1jjj1jjj for each of fiscal years #bjad through #bjah4 7#b7 ,emergency and imminent community water assistance program 7,a7 ,in general ,the ,secretary shall provide grants in accordance with this paragraph to assist the residents of rural areas and small communities to secure adequate quantities of safe water-- 7i7 after a significant decline in the quantity or quality of water available from the water supplies of the rural areas and small communities1 or when such a decline is imminent2 or 7ii7 when repairs1 partial replacement1 or significant maintenance efforts on established water systems would remedy-- 7,i7 an acute or imminent shortage of quality water2 or 7,,ii7 a significant or imminent decline in the quantity or quality of water that is available4 7,b7 ,priority ,in carrying out subparagraph 7,a71 the ,secretary shall-- 7i7 give priority to projects described in subparagraph 7,a77i72 and 7ii7 provide at least #gj percent of all grants under this paragraph to those projects4 7,c7 ,eligibility ,to be eligible to obtain a grant under this paragraph1 an applicant shall-- 7i7 be a public or private nonprofit entity2 and 7ii7 in the case of a grant made under subparagraph 7,a77i71 demonstrate to the ,secretary that the decline referred to in that subparagraph occurred1 or will occur1 not later than #b years after the date on which the application was filed for the grant4 7,d7 ,uses 7i7 ,in general ,grants made under this paragraph may be used-- 7,i7 for waterline extensions from existing systems1 laying of new waterlines1 repairs1 significant maintenance1 digging of new wells1 equipment replacement1 and hook and tap fees2 7,,ii7 for any other appropriate purpose associated with developing sources of1 treating1 storing1 or distributing water2 7,,iii7 to assist communities in complying with the requirements of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq47 or the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f et seq472 and 7,,iv7 to provide potable water to communities through other means4 7ii7 ,joint proposals 7,i7 ,in general ,subject to the restrictions in subparagraph 7,e71 nothing in this paragraph precludes rural communities from submitting joint proposals for emergency water assistance4 7,,ii7 ,consideration of restrictions ,the restrictions in subparagraph 7,e7 shall be considered in the aggregate1 depending on the number of communities involved4 7,e7 ,restrictions 7i7 ,maximum income ,no grant provided under this paragraph shall be used to assist any rural area or community that has a median household income in excess of the ,state nonmetropolitan median household income according to the most recent decennial census of the ,united ,states4 7ii7 ,set-aside for smaller communities ,not less than #ej percent of the funds allocated under this paragraph shall be allocated to rural communities with populations that do not exceed #c1jjj inhabitants4 7,f7 ,maximum grants ,grants made under this paragraph may not exceed-- 7i7 in the case of each grant made under subparagraph 7,a77i71 #ejj1jjj2 and 7ii7 in the case of each grant made under subparagraph 7,a77ii71 #aej1jjj4 7,g7 ,full funding ,subject to subparagraph 7,f71 grants under this paragraph shall be made in an amount equal to #ajj percent of the costs of the projects conducted under this paragraph4 7,h7 ,application 7i7 ,nationally competitive application process 7,i7 ,in general ,the ,secretary shall develop a nationally competitive application process to award grants under this paragraph4 7,,ii7 ,requirements ,the process shall include criteria for evaluating applications1 including population1 median household income1 and the severity of the decline1 or imminent decline1 in the quantity or quality of water4 7ii7 ,timing of review of applications 7,i7 ,simplified application ,the application process developed by the ,secretary under clause 7i7 shall include a simplified application form that will permit expedited consideration of an application for a grant filed under this paragraph4 7,,ii7 ,priority review ,in processing applications for any water or waste grant or loan authorized under this section1 the ,secretary shall afford priority processing to an application for a grant under this paragraph to the extent funds will be available for an award on the application at the conclusion of priority processing4 7,,iii7 ,timing ,the ,secretary shall1 to the maximum extent practicable1 review and act on an application under this paragraph not later than #fj days after the date on which the application is submitted to the ,secretary4 7,i7 ,funding 7i7 ,reservation 7,i7 ,in general ,for each fiscal year1 not less than #c nor more than #e percent of the total amount made available to carry out this section for the fiscal year shall be reserved for grants under this paragraph4 7,,ii7 ,release ,funds reserved under subclause 7,i7 for a fiscal year shall be reserved only until ,july #a of the fiscal year4 7ii7 ,authorization of appropriations ,in addition to funds made available under clause 7i71 there is authorized to be appropriated to carry out this paragraph #ce1jjj1jjj for each of fiscal years #bjad through #bjah4 7#c7 ,water and waste facility loans and grants to alleviate health risks 7,a7 ,definition of cooperative ,in this paragraph1 the term cooperative means a cooperative formed specifically for the purpose of the installation1 expansion1 improvement1 or operation of water supply or waste disposal facilities or systems4 7,b7 ,loans and grants to persons other than individuals 7i7 ,in general ,the ,secretary shall make or guarantee loans and make grants to provide for the conservation1 development1 use1 and control of water 7including the extension or improvement of existing water supply systems7 and the installation or improvement of drainage or waste disposal facilities and essential community facilities1 including necessary related equipment1 training1 and technical assistance to-- 7,i7 rural water supply corporations1 cooperatives1 or similar entities2 7,,ii7 ,indian tribes on ,federal or ,state reservations and other federally recognized ,indian tribes2 7,,iii7 rural or native villages in the ,state of ,alaska2 7,,iv7 native tribal health consortiums2 7,v7 public agencies2 and 7,,vi7 ,native ,hawaiian ,home ,lands4 7ii7 ,eligible projects ,loans and grants described in clause 7i7 shall be available only to provide the described water and waste facilities and services to communities whose residents face significant health risks1 as determined by the ,secretary1 due to the fact that a significant proportion of the residents of the community do not have access to1 or are not served by1 adequate affordable-- 7,i7 water supply systems2 or 7,,ii7 waste disposal facilities4 7iii7 ,matching requirements ,for entities described under subclauses 7,,iii71 7,,iv71 or 7,v7 of clause 7i7 to be eligible to receive a grant for water supply systems or waste disposal facilities1 the ,state in which the project will occur shall provide #be percent in matching funds from non-,federal sources4 7iv7 ,certain areas targeted 7,i7 ,in general ,loans and grants under clause 7i7 shall be made only if the loan or grant funds will be used primarily to provide water or waste services1 or both1 to residents of a county or census area-- 7aa7 the per capita income of the residents of which is not more than #gj percent of the national average per capita income1 as determined by the ,department of ,commerce2 and 7bb7 the unemployment rate of the residents of which is not less than #abe percent of the national average unemployment rate1 as determined by the ,bureau of ,labor ,statistics4 7,,ii7 ,exceptions ,notwithstanding subclause 7,i71 loans and grants under clause 7i7 may also be made if the loan or grant funds will be used primarily to provide water or waste services1 or both1 to residents of-- 7aa7 a rural area that was recognized as a colonia as of ,october #a1 #aihi2 or 7bb7 an area described under subclause 7,,ii71 7,,iii71 or 7,,vi7 of clause 7i74 7,c7 ,loans and grants to individuals 7i7 ,in general ,the ,secretary shall make or guarantee loans and make grants to individuals who reside in a community described in subparagraph 7,b77i7 for the purpose of extending water supply and waste disposal systems1 connecting the systems to the residences of the individuals1 or installing plumbing and fixtures within the residences of the individuals to facilitate the use of the water supply and waste disposal systems4 7ii7 ,interest ,loans described in clause 7i7 shall be at a rate of interest no greater than the ,federal ,financing ,bank rate on loans of a similar term at the time the loans are made4 7iii7 ,amortization ,the repayment of loans described in clause 7i7 shall be amortized over the expected life of the water supply or waste disposal system to which the residence of the borrower will be connected4 7iv7 ,manner in which loans and grants are to be made ,loans and grants to individuals under clause 7i7 shall be made-- 7,i7 directly to the individuals by the ,secretary2 or 7,,ii7 to the individuals through the rural water supply corporation1 cooperative1 or similar entity1 or public agency1 providing the water supply or waste disposal services1 pursuant to regulations issued by the ,secretary4 7,d7 ,preference ,the ,secretary shall give preference in the awarding of loans and grants under subparagraphs 7,b7 and 7,c7 to entities described in clause 7i7 of subparagraph 7,b7 that propose to provide water supply or waste disposal services to the residents of ,indian reservations1 rural or native villages in the ,state of ,alaska1 ,native ,hawaiian ,home ,lands1 and those rural subdivisions commonly referred to as colonias1 that are characterized by substandard housing1 inadequate roads and drainage1 and a lack of adequate water or waste facilities4 7,e7 ,relationship to other authority ,notwithstanding any other provision of law1 the head of any ,federal agency may enter into interagency agreements with ,federal1 ,state1 tribal1 and other entities to share resources1 including transferring and accepting funds1 equipment1 or other supplies1 to carry out the activities described in this paragraph4 7,f7 ,authorization of appropriations ,there are authorized to be appropriated-- 7i7 for grants under this paragraph1 #fj1jjj1jjj for each fiscal year2 7ii7 for loans under this paragraph1 #fj1jjj1jjj for each fiscal year2 and 7iii7 in addition to grants provided under clause 7i71 for grants under this section to benefit ,indian tribes1 #bj1jjj1jjj for each fiscal year4 7#d7 ,solid waste management grants 7,a7 ,in general ,the ,secretary may make grants to nonprofit organizations for the provision of regional technical assistance to local and regional governments and related agencies for the purpose of reducing or eliminating pollution of water resources and improving the planning and management of solid waste disposal facilities in rural areas4 7,b7 ,technical assistance grant amounts ,grants made under this paragraph for the provision of technical assistance shall be made for #ajj percent of the cost of the technical assistance4 7,c7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this paragraph #aj1jjj1jjj for each of fiscal years #bjad through #bjah4 7#e7 ,rural water and wastewater technical assistance and training programs 7,a7 ,grants to nonprofits 7i7 ,in general ,the ,secretary may make grants to nonprofit organizations to enable the organizations to provide to associations that provide water and wastewater services in rural areas technical assistance and training-- 7,i7 to identify1 and evaluate alternative solutions to1 problems relating to the obtaining1 storage1 treatment1 purification1 or distribution of water or the collection1 treatment1 or disposal of waste in rural areas2 7,,ii7 to prepare applications to receive financial assistance for any purpose specified in subsection 7a77#a7 from any public or private source2 and 7,,iii7 to improve the operation and maintenance practices at any existing works for the storage1 treatment1 purification1 or distribution of water or the collection1 treatment1 or disposal of waste in rural areas4 7ii7 ,selection priority ,in selecting recipients of grants to be made under clause 7i71 the ,secretary shall give priority to nonprofit organizations that have experience in providing the technical assistance and training described in clause 7i7 to associations serving rural areas in which-- 7,i7 residents have low income2 and 7,,ii7 water supply systems or waste facilities are unhealthful4 7iii7 ,funding 7,i7 ,in general ,except as provided in subclause 7,,ii71 not less than #a nor more than #c percent of any funds made available to carry out water and waste disposal projects described in subsection 7a7 for any fiscal year shall be reserved for grants under this paragraph4 7,,ii7 ,exception ,the minimum amount specified in subclause 7,i7 shall not apply if the aggregate amount of grant funds requested by applications that qualify for grants received by the ,secretary from eligible nonprofit organizations for the fiscal year totals less than #a percent of those funds4 7,b7 ,rural water and wastewater circuit rider program 7i7 ,in general ,the ,secretary shall continue a national rural water and wastewater circuit rider program that-- 7,i7 is consistent with the activities and results of the program conducted before ,january #a1 #bjab1 as determined by the ,secretary2 and 7,,ii7 received funding from the ,secretary1 acting through the ,administrator of the ,rural ,utilities ,service4 7ii7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this subparagraph #be1jjj1jjj for fiscal year #bjad and each fiscal year thereafter4 7#f7 ,,search ,program 7,a7 ,in general ,the ,secretary may establish a ,special ,evaluation ,assistance for ,rural ,communities and ,households 7,,search7 program to make predevelopment planning grants for feasibility studies1 design assistance1 and technical assistance1 to financially distressed communities in rural areas with populations of #b1ejj or fewer inhabitants for water and waste disposal projects described in this section4 7,b7 ,terms 7i7 ,documentation ,with respect to grants made under this paragraph1 the ,secretary shall require the lowest quantity of documentation practicable4 7ii7 ,matching ,notwithstanding any other provision of this section1 the ,secretary may fund up to #ajj percent of the eligible costs of grants provided under this paragraph1 as determined by the ,secretary4 7iii7 ,funding ,the ,secretary may use not more than #d percent of the total amount of funds made available for a fiscal year for water1 waste disposal1 and essential community facility activities under this chapter to carry out this paragraph4 7,c7 ,relationship to other authority 7i7 ,in general ,the funds and authorities provided under this paragraph are in addition to any other funds or authorities the ,secretary may have to carry out activities described in this section4 7ii7 ,authorized activities ,the ,secretary may furnish financial assistance or other aid in planning projects for the purposes described in subparagraph 7,a74 7f7 ,priority ,in making grants and loans1 and guaranteeing loans1 for water1 wastewater1 and waste disposal projects under this section1 the ,secretary shall give priority consideration to projects that serve rural communities that1 as determined by the ,secretary-- 7#a7 have a population of less than #e1ejj permanent residents2 7#b7 have a community water1 wastewater1 or waste disposal system that-- 7,a7 is experiencing-- 7i7 an unanticipated reduction in the quality of water1 the quantity of water1 or the ability to deliver water2 or 7ii7 some other deterioration in the supply of water to the community2 7,b7 is not adequate to meet the needs of the community2 and 7,c7 requires immediate corrective action2 7#c7 are experiencing outmigration2 7#d7 have a high percentage of low-income residents2 or 7#e7 are isolated from other significant population centers4 7g7 ,curtailment or limitation of service prohibited ,the service provided or made available through any such association shall not be curtailed or limited by inclusion of the area served by such association within the boundaries of any municipal corporation or other public body1 or by the granting of any private franchise for similar service within such area during the term of such loan2 nor shall the happening of any such event be the basis of requiring such association to secure any franchise1 license1 or permit as a condition to continuing to serve the area served by the association at the time of the occurrence of such event4 7h7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section such sums as are necessary4 #cejb4 ,community facilities loans1 loan guarantees1 and grants 7a7 ,in general ,the ,secretary may make grants and loans and issue loan guarantees 7including a guarantee of a loan financed by the net proceeds of a bond described in section #adb7;a7 of the ,internal ,revenue ,code of #aihf7 to eligible entities described in subsection 7b7 for projects in rural areas that primarily serve rural residents to provide for-- 7#a7 essential community facilities1 including-- 7,a7 necessary equipment2 7,b7 recreational developments2 and 7#b7 financial assistance and other assistance in the planning of projects for purposes described in this section4 7b7 ,eligible entities ,entities eligible for assistance described in subsection 7a7 are-- 7#a7 associations 7including corporations not operated for profit72 7#b7 ,indian tribes 7including groups of individuals described in paragraph 7#d7 of section #hae of the ,native ,american ,programs ,act of #aigd 7#db ,u4,s4,c4 #biib;c772 and 7#c7 public and quasi-public agencies4 7c7 ,loan and loan guarantee requirements 7#a7 ,in general ,in connection with loans made or guaranteed under this section1 the ,secretary shall require the applicant-- 7,a7 to certify in writing1 and the ,secretary shall determine1 that the applicant is unable to obtain sufficient credit elsewhere to finance the actual needs of the applicant2 and 7,b7 to furnish an appropriate written financial statement4 7#b7 ,debt restructuring and loan servicing for community facility loans ,the ,secretary shall establish and implement a program that is similar to the program established under section #cdaa1 except that the debt restructuring and loan servicing procedures shall apply to delinquent community facility program loans to a hospital or health care facility under subsection 7a74 7d7 ,grant amounts 7#a7 ,maximum ,except as otherwise provided in this subsection1 the amount of any grant made under this section shall not exceed #ge percent of the development cost of the project for which the grant is provided4 7#b7 ,grant rate ,the ,secretary shall establish the grant rate for each project in conformity with regulations issued by the ,secretary that shall provide for a graduated scale of grant rates that establish higher rates for projects in communities that have-- 7,a7 low community population2 7,b7 high rates of outmigration2 and 7,c7 low income levels4 7#c7 ,local share requirements ,grants made under this section may be used to pay the local share requirements of another ,federal grant-in-aid program to the extent permitted under the law providing for the grant-in-aid program4 7e7 ,priority ,in making grants and loans1 and guaranteeing loans under this section1 the ,secretary shall give priority consideration to projects that serve rural communities that-- 7#a7 have a population of less than #bj1jjj permanent residents2 7#b7 are experiencing outmigration2 7#c7 have a high percentage of low-income residents2 or 7#d7 are isolated from other significant population centers4 7f7 ,tribal colleges and universities 7#a7 ,in general ,the ,secretary may make grants to an entity that is a ,tribal ,college or ,university 7as defined in section #caf7;b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajei;c7b777 to provide the ,federal share of the cost of developing specific ,tribal ,college or ,university essential community facilities in rural areas4 7#b7 ,federal share ,the ,secretary shall establish the maximum percentage of the cost of the project that may be covered by a grant under this subsection1 except that the ,secretary may not require non-,federal financial support in an amount that is greater than #e percent of the total cost of the project4 7#c7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this subsection #aj1jjj1jjj for each of fiscal years #bjad through #bjah4 7g7 ,technical assistance for community facilities projects 7#a7 ,in general ,subject to paragraph 7#b71 the ,secretary may use funds made available for community facilities programs authorized under this section to provide technical assistance to applicants and participants for community facilities programs4 7#b7 ,funding ,the ,secretary may use not more than #c percent of the amount of funds made available to participants for a fiscal year for a community facilities program to provide technical assistance described in paragraph 7#a74 7h7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section such sums as are necessary4 #cejc4 ,health care services 7a7 ,purpose ,the purpose of this section is to address the continued unmet health needs in the ,delta region through cooperation among health care professionals1 institutions of higher education1 research institutions1 and other individuals and entities in the region4 7b7 ,definition of eligible entity ,in this section1 the term eligible entity means a consortium of regional institutions of higher education1 academic health and research institutes1 and economic development entities located in the ,delta region that have experience in addressing the health care issues in the region4 7c7 ,grants ,to carry out the purpose described in subsection 7a71 the ,secretary may award a grant to an eligible entity for-- 7#a7 the development of-- 7,a7 health care services2 7,b7 health education programs2 and 7,c7 health care job training programs2 and 7#b7 the development and expansion of public health-related facilities in the ,delta region to address longstanding and unmet health needs of the region4 7d7 ,use ,as a condition of the receipt of the grant1 the eligible entity shall use the grant to fund projects and activities described in subsection 7c71 based on input solicited from local governments1 public health care providers1 and other entities in the ,delta region4 7e7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #c1jjj1jjj for each of fiscal years #bjad through #bjah4 #b ,rural business and cooperative development #cfja4 ,business programs 7a7 ,rural business development grants 7#a7 ,in general ,the ,secretary may make grants under this subsection to eligible entities described in paragraph 7#b7 in rural areas that primarily serve rural areas for purposes described in paragraph 7#c74 7#b7 ,eligible entities ,the ,secretary may make grants under this subsection to-- 7,a7 governmental entities2 7,b7 ,indian tribes2 and 7,c7 nonprofit entities4 7#c7 ,eligible purposes for grants ,eligible entities that receive grants under this subsection may use the grant funds for-- 7,a7 business opportunity projects that-- 7i7 identify and analyze business opportunities2 7ii7 identify1 train1 and provide technical assistance to existing or prospective rural entrepreneurs and managers2 7iii7 assist in the establishment of new rural businesses and the maintenance of existing businesses1 including through business support centers2 7iv7 conduct regional1 community1 and local economic development planning and coordination1 and leadership development2 and 7v7 establish centers for training1 technology1 and trade that will provide training to rural businesses in the use of interactive communications technologies to develop international trade opportunities and markets2 and 7,b7 projects that support the development of business enterprises that finance or facilitate-- 7i7 the development of small and emerging private business enterprise2 7ii7 the establishment1 expansion1 and operation of rural distance learning networks2 7iii7 the development of rural learning programs that provide educational instruction or job training instruction related to potential employment or job advancement to adult students2 and 7iv7 the provision of technical assistance and training to rural communities for the purpose of improving passenger transportation services or facilities4 7#d7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this subsection #fe1jjj1jjj for each of fiscal years #bjad through #bjah1 to remain available until expended4 7b7 ,value-,added agricultural producer grants 7#a7 ,definitions ,in this subsection3 7,a7 ,mid-tier value chain ,the term mid-tier value chain means a local and regional supply network that links independent producers with businesses and cooperatives that market value-added agricultural products in a manner that-- 7i7 targets and strengthens the profitability and competitiveness of small- and medium-sized farms that are structured as family farms2 and 7ii7 obtains agreement from an eligible agricultural producer group1 farmer cooperative1 or majority-controlled producer-based business venture that is engaged in the value chain on a marketing strategy4 7,b7 ,producer ,the term producer means a farmer4 7,c7 ,value-added agricultural product ,the term value-added agricultural product means any agricultural commodity or product-- 7i7 that-- 7,i7 has undergone a change in physical state2 7,,ii7 was produced in a manner that enhances the value of the agricultural commodity or product1 as demonstrated through a business plan that shows the enhanced value1 as determined by the ,secretary2 7,,iii7 is physically segregated in a manner that results in the enhancement of the value of the agricultural commodity or product2 7,,iv7 is a source of farm-based renewable energy1 including ,e-#he fuel2 or 7,v7 is aggregated and marketed as a locally produced agricultural food product2 and 7ii7 for which1 as a result of the change in physical state or the manner in which the agricultural commodity or product was produced1 marketed1 or segregated-- 7,i7 the customer base for the agricultural commodity or product is expanded2 and 7,,ii7 a greater portion of the revenue derived from the marketing1 processing1 or physical segregation of the agricultural commodity or product is available to the producer of the commodity or product4 7#b7 ,grants 7,a7 ,in general ,the ,secretary may make grants under this subsection to-- 7i7 independent producers of value-added agricultural products2 and 7ii7 an agricultural producer group1 farmer cooperative1 or majority-controlled producer-based business venture1 as determined by the ,secretary4 7,b7 ,grants to a producer ,a grantee under subparagraph 7,a77i7 shall use the grant-- 7i7 to develop a business plan or perform a feasibility study to establish a viable marketing opportunity 7including through mid-tier value chains7 for value-added agricultural products2 or 7ii7 to provide capital to establish alliances or business ventures that allow the producer to better compete in domestic or international markets4 7,c7 ,grants to an agricultural producer group1 cooperative or producer-based business venture ,a grantee under subparagraph 7,a77ii7 shall use the grant-- 7i7 to develop a business plan for viable marketing opportunities in emerging markets for a value-added agricultural product2 or 7ii7 to develop strategies that are intended to create marketing opportunities in emerging markets for the value-added agricultural product4 7,d7 ,award selection 7i7 ,priority ,in awarding grants under this subsection1 the ,secretary shall give priority to projects-- 7,i7 that contribute to increasing opportunities for operators of small- and medium-sized farms that are structured as family farms2 or 7,,ii7 at least #a_/d of the recipients of which are beginning farmers or socially disadvantaged farmers4 7ii7 ,ranking ,in evaluating and ranking proposals under this subsection1 the ,secretary shall provide substantial weight to the priorities described in clause 7i74 7,e7 ,amount of grant 7i7 ,in general ,the total amount provided to a grant recipient under this subsection shall not exceed #ejj1jjj4 7ii7 ,majority-controlled1 producer-based business ventures ,the total amount of all grants provided to majority-controlled1 producer-based business ventures under this subsection for a fiscal year shall not exceed #aj percent of the amount of funds used to make all grants for the fiscal year under this subsection4 7,f7 ,term ,the term of a grant under this paragraph shall not exceed #c years4 7,g7 ,simplified application ,the ,secretary shall offer a simplified application form and process for project proposals requesting less than #ej1jjj under this subsection4 7#c7 ,funding 7,a7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this subsection #dj1jjj1jjj for each of fiscal years #bjad through #bjah4 7,b7 ,reservation of funds for projects to benefit beginning farmers1 socially disadvantaged farmers1 and mid-tier value chains 7i7 ,in general ,the ,secretary shall reserve #aj percent of the amounts made available for each fiscal year under this subsection to fund projects that benefit beginning farmers or socially disadvantaged farmers4 7ii7 ,mid-tier value chains ,the ,secretary shall reserve #aj percent of the amounts made available for each fiscal year under this subsection to fund applications of eligible entities described in paragraph 7#b7 that propose to develop mid-tier value chains4 7iii7 ,unobligated amounts ,any amounts in the reserves for a fiscal year established under clauses 7i7 and 7ii7 that are not obligated by ,june #cj of the fiscal year shall be available to the ,secretary to make grants under this subsection to eligible entities in any ,state1 as determined by the ,secretary4 7,c7 ,mandatory funding ,of the funds of the ,commodity ,credit ,corporation1 the ,secretary shall use to carry out this subsection #ab1ejj1jjj for each of fiscal years #bjad through #bjah1 to remain available until expended4 7c7 ,rural cooperative development grants 7#a7 ,definitions ,in this subsection3 7,a7 ,nonprofit institution ,the term nonprofit institution means any organization or institution1 including an accredited institution of higher education1 no part of the net earnings of which inures1 or may lawfully inure1 to the benefit of any private shareholder or individual4 7,b7 ,united ,states ,the term ,united ,states means-- 7i7 the several ,states2 and 7ii7 the ,district of ,columbia4 7#b7 ,grants ,the ,secretary shall make grants under this subsection to nonprofit institutions for the purpose of enabling the nonprofit institutions to establish and operate centers for rural cooperative development4 7#c7 ,goals ,the goals of a center funded under this subsection shall be to facilitate the creation of jobs in rural areas through the development of new rural cooperatives1 value -added processing1 and rural businesses4 7#d7 ,application 7,a7 ,in general ,any nonprofit institution seeking a grant under paragraph 7#b7 shall submit to the ,secretary an application containing a plan for the establishment and operation by the institution of #a or more centers for cooperative development4 7,b7 ,requirements ,the ,secretary may approve an application if the plan contains the following3 7i7 ,a provision that substantiates that the center will effectively serve rural areas in the ,united ,states4 7ii7 ,a provision that the primary objective of the center will be to improve the economic condition of rural areas through cooperative development4 7iii7 ,a description of the activities that the center will carry out to accomplish the objective1 which may include programs-- 7,i7 for applied research and feasibility studies that may be useful to individuals1 cooperatives1 small businesses1 and other similar entities in rural areas served by the center2 7,,ii7 for the collection1 interpretation1 and dissemination of information that may be useful to individuals1 cooperatives1 small businesses1 and other similar entities in rural areas served by the center2 7,,iii7 providing training and instruction for individuals1 cooperatives1 small businesses1 and other similar entities in rural areas served by the center2 7,,iv7 providing loans and grants to individuals1 cooperatives1 small businesses1 and other similar entities in rural areas served by the center2 7,v7 providing technical assistance1 research services1 and advisory services to individuals1 cooperatives1 small businesses1 and other similar entities in rural areas served by the center2 and 7,,vi7 providing for the coordination of services and sharing of information by the center4 7iv7 ,a description of the contributions that the activities are likely to make to the improvement of the economic conditions of the rural areas for which the center will provide services4 7v7 ,provisions that the center1 in carrying out the activities1 will seek1 if appropriate1 the advice1 participation1 expertise1 and assistance of representatives of business1 industry1 educational institutions1 the ,federal ,government1 and ,state and local governments4 7vi7 ,provisions that the center will take all practicable steps to develop continuing sources of financial support for the center1 particularly from sources in the private sector4 7vii7 ,provisions for-- 7,i7 monitoring and evaluating the activities by the nonprofit institution operating the center2 and 7,,ii7 accounting for funds received by the institution under this section4 7#e7 ,awarding grants 7,a7 ,in general ,grants made under paragraph 7#b7 shall be made on a competitive basis4 7,b7 ,preference ,in making grants under paragraph 7#b71 the ,secretary shall give preference to grant applications providing for the establishment of centers for rural cooperative development that-- 7i7 demonstrate a proven track record in carrying out activities to promote and assist the development of cooperatively and mutually owned businesses2 7ii7 demonstrate previous expertise in providing technical assistance in rural areas to promote and assist the development of cooperatively and mutually owned businesses2 7iii7 demonstrate the ability to assist in the retention of businesses1 facilitate the establishment of cooperatives and new cooperative approaches1 and generate employment opportunities that will improve the economic conditions of rural areas2 7iv7 commit to providing technical assistance and other services to underserved and economically distressed areas in rural areas of the ,united ,states2 7v7 demonstrate a commitment to-- 7,i7 networking with and sharing the results of the efforts of the center with other cooperative development centers and other organizations involved in rural economic development efforts2 and 7,,ii7 developing multiorganization and multistate approaches to addressing the economic development and cooperative needs of rural areas2 and 7vi7 commit to providing a #be percent matching contribution with private funds and in-kind contributions1 except that the ,secretary shall not require non-,federal financial support in an amount that is greater than #e percent in the case of a #aiid institution 7as defined in section #ecb of the ,equity in ,educational ,land-,grant ,status ,act of #aiid 7#g ,u4,s4,c4 #cja note2 ,public ,law #ajc-chb774 7#f7 ,grant period 7,a7 ,in general ,a grant awarded to a center that has received no prior funding under this subsection shall be made for a period of #a year4 7,b7 ,multiyear grants ,if the ,secretary determines it to be in the best interest of the program1 the ,secretary shall award grants for a period of more than #a year1 but not more than #c years1 to a center that has successfully met the requirements of paragraph 7#e77;,b71 as determined by the ,secretary4 7#g7 ,authority to extend grant period ,the ,secretary may extend for #a additional #ab-month period the period during which a grantee may use a grant made under this subsection4 7#h7 ,technical assistance to prevent excessive unemployment or underemployment 7,a7 ,in general ,in carrying out this subsection1 the ,secretary may provide technical assistance to alleviate or prevent conditions of excessive unemployment1 underemployment1 outmigration1 or low employment growth in economically distressed rural areas that the ,secretary determines have a substantial need for the assistance4 7,b7 ,inclusions ,the assistance may include planning and feasibility studies1 management and operational assistance1 and studies evaluating the need for the development potential of projects that increase employment and improve economic growth in the areas4 7#i7 ,grants to defray administrative costs 7,a7 ,in general ,the ,secretary may make grants to defray not to exceed #ge percent of the costs incurred by organizations and public bodies to carry out projects for which grants or loans are made under this subsection4 7,b7 ,cost-sharing ,for purposes of determining the non-,federal share of the costs1 the ,secretary shall include contributions in cash and in kind1 fairly evaluated1 including premises1 equipment1 and services4 7#aj7 ,cooperative research program ,the ,secretary shall offer to enter into a cooperative research agreement with #a or more qualified academic institutions in each fiscal year to conduct research on the effects of all types of cooperatives on the national economy4 7#aa7 ,addressing needs of minority communities 7,a7 ,in general ,if the total amount appropriated under paragraph 7#ac7 for a fiscal year exceeds #g1ejj1jjj1 the ,secretary shall reserve an amount equal to #bj percent of the total amount appropriated for grants for cooperative development centers1 individual cooperatives1 or groups of cooperatives-- 7i7 that serve socially disadvantaged groups2 and 7ii7 a majority of the boards of directors or governing boards of which are comprised of individuals who are members of socially disadvantaged groups4 7,b7 ,insufficient applications ,to the extent there are insufficient applications to carry out subparagraph 7,a71 the ,secretary shall use the funds as otherwise authorized by this subsection4 7#ab7 ,interagency working group ,not later than #ij days after the date of enactment of the ,agriculture ,reform1 ,food1 and ,jobs ,act of #bjac1 the ,secretary shall coordinate and chair an interagency working group to foster cooperative development and ensure coordination with ,federal agencies and national and local cooperative organizations that have cooperative programs and interests4 7#ac7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this subsection #ej1jjj1jjj for each of fiscal years #bjad through #bjah4 7d7 ,appropriate technology transfer for rural areas program 7#a7 ,definition of national nonprofit agricultural assistance institution ,in this subsection1 the term national nonprofit agricultural assistance institution means an organization that-- 7,a7 is described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf and exempt from taxation under #eja7;a7 of that ,code2 7,b7 has staff and offices in multiple regions of the ,united ,states2 7,c7 has experience and expertise in operating national agricultural technical assistance programs2 7,d7 expands markets for the agricultural commodities produced by producers through the use of practices that enhance the environment1 natural resource base1 and quality of life2 and 7,e7 improves the economic viability of agricultural operations4 7#b7 ,establishment ,the ,secretary shall establish a national appropriate technology transfer for rural areas program to assist agricultural producers that are seeking information-- 7,a7 to reduce input costs2 7,b7 to conserve energy resources2 7,c7 to diversify operations through new energy crops and energy generation facilities2 and 7,d7 to expand markets for agricultural commodities produced by the producers by using practices that enhance the environment1 natural resource base1 and quality of life4 7#c7 ,implementation 7,a7 ,in general ,the ,secretary shall carry out the program under this subsection by making a grant to1 or offering to enter into a cooperative agreement with1 a national nonprofit agricultural assistance institution4 7,b7 ,grant amount ,a grant made1 or cooperative agreement entered into1 under subparagraph 7,a7 shall provide #ajj percent of the cost of providing information described in paragraph 7#b74 7#d7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this subsection #e1jjj1jjj for each of fiscal years #bjad through #bjah4 7e7 ,business and industry direct and guaranteed loans 7#a7 ,definition of business and industry loan ,in this section1 the term business and industry loan means a direct loan that is made1 or a loan that is guaranteed1 by the ,secretary under this subsection4 7#b7 ,loan purposes ,the ,secretary may make business and industry loans to public1 private1 or cooperative organizations organized for profit or nonprofit1 private investment funds that invest primarily in cooperative organizations1 or to individuals-- 7,a7 to improve1 develop1 or finance business1 industry1 and employment and improve the economic and environmental climate in rural communities1 including pollution abatement and control2 7,b7 to conserve1 develop1 and use water for aquaculture purposes in rural areas2 and 7,c7 to reduce the reliance on nonrenewable energy resources by encouraging the development and construction of renewable energy systems 7including solar energy systems1 wind energy systems1 and anaerobic digestors for the purpose of energy generation71 including the modification of existing systems1 in rural areas4 7#c7 ,loan guarantees for certain loans ,the ,secretary may guarantee loans made under this subsection to finance the issuance of bonds for the projects described in paragraph 7#b74 7#d7 ,maximum amount of principal 7,a7 ,in general ,except as otherwise provided in this paragraph1 no loan may be made or guaranteed under this subsection that exceeds #be1jjj1jjj in principal amount4 7,b7 ,limitations on loan guarantees for cooperative organizations 7i7 ,principal amount ,subject to clause 7ii71 the principal amount of a business and industry loan made to a cooperative organization and guaranteed under this subsection shall not exceed #dj1jjj1jjj4 7ii7 ,use ,to be eligible for a guarantee under this subsection for a business and industry loan made to a cooperative organization1 the principal amount of the loan in excess of #be1jjj1jjj shall be used to carry out a project that is in a rural area and-- 7,i7 provides for the value-added processing of agricultural commodities2 or 7,,ii7 significantly benefits #a or more entities eligible for assistance for the purposes described in paragraph 7#b71 as determined by the ,secretary4 7iii7 ,applications ,if a cooperative organization submits an application for a guarantee under this paragraph1 the ,secretary shall make the determination whether to approve the application1 and the ,secretary may not delegate this authority4 7iv7 ,maximum amount ,the total amount of business and industry loans made to cooperative organizations and guaranteed for a fiscal year under this subsection with principal amounts that are in excess of #be1jjj1jjj may not exceed #aj percent of the total amount of business and industry loans guaranteed for the fiscal year under this subsection4 7#e7 ,fees ,the ,secretary may assess a #a-time fee and an annual renewal fee for any guaranteed business and industry loan in an amount that does not exceed #c percent of the guaranteed principal portion of the loan4 7#f7 ,intangible assets ,in determining whether a cooperative organization is eligible for a guaranteed business and industry loan1 the ,secretary may consider the market value of a properly appraised brand name1 patent1 or trademark of the cooperative4 7#g7 ,loan appraisals ,the ,secretary may require that any appraisal made in connection with a business and industry loan be conducted by a specialized appraiser that uses standards that are comparable to standards used for similar purposes in the private sector1 as determined by the ,secretary4 7#h7 ,loan guarantees for the purchase of cooperative stock 7,a7 ,in general ,the ,secretary may guarantee a business and industry loan to individual farmers to purchase capital stock of a farmer cooperative established for the purpose of processing an agricultural commodity4 7,b7 ,processing contracts during initial period ,a cooperative described in subparagraph 7,a7 for which a farmer receives a guarantee to purchase stock under that subparagraph may contract for services to process agricultural commodities or otherwise process value added for the period beginning on the date of the startup of the cooperative in order to provide adequate time for the planning and construction of the processing facility of the cooperative4 7,c7 ,financial information ,financial information required by the ,secretary from a farmer as a condition of making a business and industry loan guarantee under this paragraph shall be provided in the manner generally required by commercial agricultural lenders in the applicable area4 7#i7 ,loans to cooperatives 7,a7 ,eligibility 7i7 ,in general ,the ,secretary may make or guarantee a business and industry loan to a cooperative organization that is headquartered in a metropolitan area if the loan is-- 7,i7 used for a project or venture described in paragraph 7#b7 that is located in a rural area2 or 7,,ii7 a loan guarantee that meets the requirements of paragraph 7#aj74 7ii7 ,equity ,the ,secretary may guarantee a loan made for the purchase of preferred stock or similar equity issued by a cooperative organization or a fund that invests primarily in cooperative organizations1 if the guarantee significantly benefits #a or more entities eligible for assistance for the purposes described in paragraph 7#b77;,a71 as determined by the ,secretary4 7,b7 ,refinancing ,a cooperative organization that is eligible for a business and industry loan shall be eligible to refinance an existing business and industry loan with a lender if-- 7i7 the cooperative organization-- 7,i7 is current and performing with respect to the existing loan2 and 7,,ii7 7aa7 is not1 and has not been1 in payment default1 with respect to the existing loan2 or 7bb7 has not converted any of the collateral with respect to the existing loan2 and 7ii7 there is adequate security or full collateral for the refinanced loan4 7#aj7 ,loan guarantees in nonrural areas ,the ,secretary may guarantee a business and industry loan to a cooperative organization for a facility that is not located in a rural area if-- 7,a7 the primary purpose of the loan guarantee is for a facility to provide value-added processing for agricultural producers that are located within #hj miles of the facility2 7,b7 the applicant demonstrates to the ,secretary that the primary benefit of the loan guarantee will be to provide employment for residents of a rural area2 and 7,c7 the total amount of business and industry loans guaranteed for a fiscal year under this paragraph does not exceed #aj percent of the business and industry loans guaranteed for the fiscal year under this subsection4 7#aa7 ,locally or regionally produced agricultural food products 7,a7 ,definitions ,in this paragraph3 7i7 ,locally or regionally produced agricultural food product ,the term locally or regionally produced agricultural food product means any agricultural food product that is raised1 produced1 and distributed in-- 7,i7 the locality or region in which the final product is marketed1 so that the total distance that the product is transported is less than #djj miles from the origin of the product2 or 7,,ii7 the ,state in which the product is produced4 7ii7 ,underserved community ,the term underserved community means a community 7including an urban or rural community and an ,indian tribal community7 that1 as determined by the ,secretary1 has-- 7,i7 limited access to affordable1 healthy foods1 including fresh fruits and vegetables1 in grocery retail stores or farmer-to-consumer direct markets2 and 7,,ii7 a high rate of hunger or food insecurity or a high poverty rate4 7,b7 ,loan and loan guarantee program 7i7 ,in general ,the ,secretary shall make or guarantee loans to individuals1 cooperatives1 cooperative organizations1 businesses1 and other entities to establish and facilitate enterprises that process1 distribute1 aggregate1 store1 and market locally or regionally produced agricultural food products to support community development and farm income4 7ii7 ,requirement ,the recipient of a loan or loan guarantee under this paragraph shall include in an appropriate agreement with retail and institutional facilities to which the recipient sells locally or regionally produced agricultural food products a requirement to inform consumers of the retail or institutional facilities that the consumers are purchasing or consuming locally or regionally produced agricultural food products4 7iii7 ,priority ,in making or guaranteeing a loan under this paragraph1 the ,secretary shall give priority to projects that have components benefitting underserved communities4 7iv7 ,reports ,not later than #b years after the date of enactment of the ,agriculture ,reform1 ,food1 and ,jobs ,act of #bjac and annually thereafter1 the ,secretary shall submit to the ,committee on ,agriculture of the ,house of ,representatives and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate1 and publish on the ,internet1 a report that describes projects carried out using loans or loan guarantees made under clause 7i71 including-- 7,i7 summary information about all projects2 7,,ii7 the characteristics of the communities served2 and 7,,iii7 resulting benefits4 7v7 ,reservation of funds ,for each of fiscal years #bjad through #bjah1 the ,secretary shall reserve not less than #e percent of the total amount of funds made available to carry out this subsection to carry out this paragraph until ,april #a of the fiscal year4 7vi7 ,outreach ,the ,secretary shall develop and implement an outreach plan to publicize the availability of loans and loan guarantees under this paragraph1 working closely with rural cooperative development centers1 credit unions1 community development financial institutions1 regional economic development authorities1 and other financial and economic development entities4 7#ab7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this subsection #ge1jjj1jjj for each of fiscal years #bjad through #bjah4 7f7 ,relending programs 7#a7 ,intermediate relending program 7,a7 ,in general ,the ,secretary may make or guarantee loans to eligible entities described in subparagraph 7,b7 so that the eligible entities may relend the funds to individuals and entities for the purposes described in subparagraph 7,c74 7,b7 ,eligible entities ,entities eligible for loans and loan guarantees described in subparagraph 7,a7 are-- 7i7 public agencies2 7ii7 ,indian tribes2 7iii7 cooperatives2 and 7iv7 nonprofit corporations4 7,c7 ,eligible purposes ,the proceeds from loans made or guaranteed by the ,secretary pursuant to subparagraph 7,a7 may be relent by eligible entities for projects that-- 7i7 predominately serve communities in rural areas2 and 7ii7 as determined by the ,secretary-- 7,i7 promote community development2 7,,ii7 establish new businesses2 7,,iii7 establish and support microlending programs2 and 7,,iv7 create or retain employment opportunities4 7,d7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this subsection #ej1jjj1jjj for each of fiscal years #bjad through #bjah4 7#b7 ,rural microentrepreneur assistance program 7,a7 ,definitions ,in this paragraph3 7i7 ,microentrepreneur ,the term microentrepreneur means an owner and operator1 or prospective owner and operator1 of a rural microenterprise who is unable to obtain sufficient training1 technical assistance1 or credit other than under this subsection1 as determined by the ,secretary4 7ii7 ,microenterprise development organization ,the term microenterprise development organization means an organization that is-- 7,i7 a nonprofit entity2 7,,ii7 an ,indian tribe1 the tribal government of which certifies to the ,secretary that-- 7aa7 no microenterprise development organization serves the ,indian tribe2 and 7bb7 no rural microentrepreneur assistance program exists under the jurisdiction of the ,indian tribe2 7,,iii7 a public institution of higher education2 or 7,,iv7 a collaboration of rural nonprofit entities serving a region or ,state1 if #a lead nonprofit entity is the sole underwriter of all loans and is responsible for associated risks4 7iii7 ,microloan ,the term microloan means a business loan of not more than #ej1jjj that is provided to a rural microenterprise4 7iv7 ,program ,the term program means the rural microentrepreneur assistance program established under subparagraph 7,b74 7v7 ,rural microenterprise ,the term rural microenterprise means a business entity with not more than #aj full-time equivalent employees located in a rural area4 7vi7 ,training ,the term training means teaching broad business principles or general business skills in a group or public setting4 7vii7 ,technical assistance ,the term technical assistance means working with a business client in a #a-to-#a manner to provide business and financial management counseling1 assist in the preparation of business or marketing plans1 or provide other skills tailored to an individual microentrepreneur4 7,b7 ,rural microentrepreneur assistance program 7i7 ,establishment ,the ,secretary shall establish a rural microentrepreneur assistance program to provide loans and grants to support microentrepreneurs in the development and ongoing success of rural microenterprises4 7ii7 ,purpose ,the purpose of the program is to provide microentrepreneurs with-- 7,i7 the skills necessary to establish new rural microenterprises2 and 7,,ii7 continuing technical and financial assistance related to the successful operation of rural microenterprises4 7iii7 ,loans 7,i7 ,in general ,the ,secretary shall make loans to microenterprise development organizations for the purpose of providing fixed-interest rate microloans to microentrepreneurs for startup and growing rural microenterprises4 7,,ii7 ,loan terms ,a loan made by the ,secretary to a microenterprise development organization under this subparagraph shall-- 7aa7 be for a term not to exceed #bj years2 and 7bb7 bear an annual interest rate of at least #a percent4 7,,iii7 ,loan loss reserve fund ,the ,secretary shall require each microenterprise development organization that receives a loan under this subparagraph to-- 7aa7 establish a loan loss reserve fund2 and 7bb7 maintain the reserve fund in an amount equal to at least #e percent of the outstanding balance of such loans owed by the microenterprise development organization1 until all obligations owed to the ,secretary under this subparagraph are repaid4 7,,iv7 ,deferral of interest and principal ,the ,secretary may permit the deferral of payments on principal and interest due on a loan to a microenterprise development organization made under this paragraph for a #b-year period beginning on the date on which the loan is made4 7iv7 ,grants to support rural microenterprise development 7,i7 ,in general ,the ,secretary shall make grants to microenterprise development organizations-- 7aa7 to provide training and technical assistance1 and other related services to rural microentrepreneurs2 and 7bb7 to carry out such other projects and activities as the ,secretary determines appropriate to further the purposes of the program4 7,,ii7 ,selection ,in making grants under subclause 7,i71 the ,secretary shall-- 7aa7 place an emphasis on microenterprise development organizations that serve microentrepreneurs that are located in rural areas that have suffered significant outward migration1 as determined by the ,secretary2 and 7bb7 ensure1 to the maximum extent practicable1 that grant recipients include microenterprise development organizations of varying sizes and that serve racially and ethnically diverse populations4 7v7 ,grants to assist microentrepreneurs 7,i7 ,in general ,the ,secretary shall make annual grants to microenterprise development organizations to provide technical assistance to microentrepreneurs that-- 7aa7 received a loan from the microenterprise development organization under subparagraph 7,b77iii72 or 7bb7 are seeking a loan from the microenterprise development organization under subparagraph 7,b77iii74 7,,ii7 ,maximum amount of technical assistance grant ,the maximum amount of a grant under this clause shall be in an amount equal to not more than #be percent of the total outstanding balance of microloans made by the microenterprise development organization under clause 7iii71 as of the date the grant is awarded4 7vi7 ,administrative expenses ,not more than #aj percent of a grant received by a microenterprise development organization for a fiscal year under this subparagraph may be used to pay administrative expenses4 7,c7 ,administration 7i7 ,matching requirement ,as a condition of any grant made under clauses 7iv7 and 7v7 of subparagraph 7,b71 the ,secretary shall require the microenterprise development organization to match not less than #ae percent of the total amount of the grant in the form of matching funds 7including community development block grants71 indirect costs1 or in-kind goods or services4 7ii7 ,oversight ,at a minimum1 not later than ,december #a of each fiscal year1 a microenterprise development organization that receives a loan or grant under this section shall provide to the ,secretary such information as the ,secretary may require to ensure that assistance provided under this section is used for the purposes for which the loan or grant was made4 7,d7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this paragraph #dj1jjj1jjj for each of fiscal years #bjad through #bjah4 7,e7 ,mandatory funding for fiscal years #bjad through #bjah ,of the funds of the ,commodity ,credit ,corporation1 the ,secretary shall use to carry out this paragraph #c1gej1jjj for each of fiscal years #bjad through #bjah1 to remain available until expended4 #cfjb4 ,rural ,business ,investment ,program 7a7 ,definitions ,in this section3 7#a7 ,articles ,the term articles means articles of incorporation for an incorporated body or the functional equivalent or other similar documents specified by the ,secretary for other business entities4 7#b7 ,developmental venture capital ,the term developmental venture capital means capital in the form of equity capital investments in rural business investment companies with an objective of fostering economic development in rural areas4 7#c7 ,employee welfare benefit plan2 pension plan 7,a7 ,in general ,the terms employee welfare benefit plan and pension plan have the meanings given the terms in section #c of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #ajjb74 7,b7 ,inclusions ,the terms employee welfare benefit plan and pension plan include-- 7i7 public and private pension or retirement plans subject to this subtitle2 and 7ii7 similar plans not covered by this subtitle that have been established1 and that are maintained1 by the ,federal ,government or any ,state 7including by a political subdivision1 agency1 or instrumentality of the ,federal ,government or a ,state7 for the benefit of employees4 7#d7 ,equity capital ,the term equity capital means common or preferred stock or a similar instrument1 including subordinated debt with equity features4 7#e7 ,leverage ,the term leverage includes-- 7,a7 debentures purchased or guaranteed by the ,secretary2 7,b7 participating securities purchased or guaranteed by the ,secretary2 and 7,c7 preferred securities outstanding as of the date of enactment of the ,agriculture ,reform1 ,food1 and ,jobs ,act of #bjac4 7#f7 ,license ,the term license means a license issued by the ,secretary in accordance with in subsection 7d77#e74 7#g7 ,limited liability company ,the term limited liability company means a business entity that is organized and operating in accordance with a ,state limited liability company law approved by the ,secretary4 7#h7 ,member ,the term member means1 with respect to a rural business investment company that is a limited liability company1 a holder of an ownership interest1 or a person otherwise admitted to membership in the limited liability company4 7#i7 ,operational assistance ,the term operational assistance means management1 marketing1 and other technical assistance that assists a rural business concern with business development4 7#aj7 ,participation agreement ,the term participation agreement means an agreement1 between the ,secretary and a rural business investment company granted final approval under subsection 7d77#e71 that requires the rural business investment company to make investments in smaller enterprises in rural areas4 7#aa7 ,private capital 7,a7 ,in general ,the term private capital means the total of-- 7i7 7,i7 the paid-in capital and paid-in surplus of a corporate rural business investment company2 7,,ii7 the contributed capital of the partners of a partnership rural business investment company2 or 7,,iii7 the equity investment of the members of a limited liability company rural business investment company2 and 7ii7 unfunded binding commitments from investors that meet criteria established by the ,secretary to contribute capital to the rural business investment company1 except that-- 7,i7 unfunded commitments may be counted as private capital for purposes of approval by the ,secretary of any request for leverage2 but 7,,ii7 leverage shall not be funded based on the commitments4 7,b7 ,exclusions ,the term private capital does not include-- 7i7 any funds borrowed by a rural business investment company from any source2 7ii7 any funds obtained through the issuance of leverage2 or 7iii7 any funds obtained directly or indirectly from the ,federal ,government or any ,state 7including by a political subdivision1 agency1 or instrumentality of the ,federal ,government or a ,state71 except for-- 7,i7 funds obtained from the business revenues 7excluding any governmental appropriation7 of any ,federally chartered or government-sponsored enterprise established prior to the date of enactment of the ,agriculture ,reform1 ,food1 and ,jobs ,act of #bjac2 7,,ii7 funds invested by an employee welfare benefit plan or pension plan2 and 7,,iii7 any qualified nonprivate funds 7if the investors of the qualified nonprivate funds do not control1 directly or indirectly1 the management1 board of directors1 general partners1 or members of the rural business investment company74 7#ab7 ,qualified nonprivate funds ,the term qualified nonprivate funds means any-- 7,a7 funds directly or indirectly invested in any applicant or rural business investment company on or before the date of enactment of the ,agriculture ,reform1 ,food1 and ,jobs ,act of #bjac by any ,federal agency1 other than the ,department1 under a provision of law explicitly mandating the inclusion of those funds in the definition of the term private capital2 and 7,b7 funds invested in any applicant or rural business investment company by #a or more entities of any ,state 7including by a political subdivision1 agency1 or instrumentality of the ,state and including any guarantee extended by those entities7 in an aggregate amount that does not exceed #cc percent of the private capital of the applicant or rural business investment company4 7#ac7 ,rural business concern ,the term rural business concern means-- 7,a7 a public1 private1 or cooperative for-profit or nonprofit organization2 7,b7 a for-profit or nonprofit business controlled by an ,indian tribe2 or 7,c7 any other person or entity that primarily operates in a rural area1 as determined by the ,secretary4 7#ad7 ,rural business investment company ,the term rural business investment company means a company that-- 7,a7 has been granted final approval by the ,secretary under subsection 7d77#e72 and 7,b7 has entered into a participation agreement with the ,secretary4 7#ae7 ,smaller enterprise 7,a7 ,in general ,the term smaller enterprise means any rural business concern that1 together with its affiliates-- 7i7 has-- 7,i7 a net financial worth of not more than #f1jjj1jjj1 as of the date on which assistance is provided under this section to the rural business concern2 and 7,,ii7 except as provided in subparagraph 7,b71 an average net income for the #b-year period preceding the date on which assistance is provided under this section to the rural business concern1 of not more than #b1jjj1jjj1 after ,federal income taxes 7excluding any carryover losses72 or 7ii7 satisfies the standard industrial classification size standards established by the ,administrator of the ,small ,business ,administration for the industry in which the rural business concern is primarily engaged4 7,b7 ,exception ,for purposes of subparagraph 7,a77i77,,ii71 if the rural business concern is not required by law to pay ,federal income taxes at the enterprise level1 but is required to pass income through to the shareholders1 partners1 beneficiaries1 or other equitable owners of the business concern1 the net income of the business concern shall be determined by allowing a deduction in an amount equal to the total of-- 7i7 if the rural business concern is not required by law to pay ,state 7and local1 if any7 income taxes at the enterprise level1 the product obtained by multiplying-- 7,i7 the net income 7determined without regard to this subparagraph72 by 7,,ii7 the marginal ,state income tax rate 7or by the combined ,state and local income tax rates1 as applicable7 that would have applied if the business concern were a corporation2 and 7ii7 the product obtained by multiplying-- 7,i7 the net income 7so determined7 less any deduction for ,state 7and local7 income taxes calculated under clause 7i72 by 7,,ii7 the marginal ,federal income tax rate that would have applied if the rural business concern were a corporation4 7b7 ,purposes ,the purposes of the ,rural ,business ,investment ,program established under this section are-- 7#a7 to promote economic development and the creation of wealth and job opportunities in rural areas and among individuals living in those areas by encouraging developmental venture capital investments in smaller enterprises primarily located in rural areas2 and 7#b7 to establish a developmental venture capital program1 with the mission of addressing the unmet equity investment needs of small enterprises located in rural areas1 by authorizing the ,secretary-- 7,a7 to enter into participation agreements with rural business investment companies2 7,b7 to guarantee debentures of rural business investment companies to enable each rural business investment company to make developmental venture capital investments in smaller enterprises in rural areas2 and 7,c7 to make grants to rural business investment companies1 and to other entities1 for the purpose of providing operational assistance to smaller enterprises financed1 or expected to be financed1 by rural business investment companies4 7c7 ,establishment ,in accordance with this subtitle1 the ,secretary shall establish a ,rural ,business ,investment ,program1 under which the ,secretary may-- 7#a7 enter into participation agreements with companies granted final approval under subsection 7d77#e7 for the purposes described in subsection 7b72 7#b7 guarantee the debentures issued by rural business investment companies as provided in subsection 7e72 and 7#c7 make grants to rural business investment companies1 and to other entities1 under subsection 7h74 7d7 ,selection of rural business investment companies 7#a7 ,eligibility ,a company shall be eligible to apply to participate1 as a rural business investment company1 in the program established under this section if-- 7,a7 the company is a newly formed for-profit entity or a newly formed for-profit subsidiary of such an entity2 7,b7 the company has a management team with experience in community development financing or relevant venture capital financing2 and 7,c7 the company will invest in enterprises that will create wealth and job opportunities in rural areas1 with an emphasis on smaller enterprises4 7#b7 ,application ,to participate1 as a rural business investment company1 in the program established under this section1 a company meeting the eligibility requirements of paragraph 7#a7 shall submit an application to the ,secretary that includes-- 7,a7 a business plan describing how the company intends to make successful developmental venture capital investments in identified rural areas2 7,b7 information regarding the community development finance or relevant venture capital qualifications and general reputation of the management of the company2 7,c7 a description of how the company intends to work with community-based organizations and local entities 7including local economic development companies1 local lenders1 and local investors7 and to seek to address the unmet equity capital needs of the communities served2 7,d7 a proposal describing how the company intends to use the grant funds provided under this section to provide operational assistance to smaller enterprises financed by the company1 including information regarding whether the company intends to use licensed professionals1 as necessary1 on the staff of the company or from an outside entity2 7,e7 with respect to binding commitments to be made to the company under this section1 an estimate of the ratio of cash to in-kind contributions2 7,f7 a description of the criteria to be used to evaluate whether and to what extent the company meets the purposes of the program established under this section2 7,g7 information regarding the management and financial strength of any parent firm1 affiliated firm1 or any other firm essential to the success of the business plan of the company2 and 7,h7 such other information as the ,secretary may require4 7#c7 ,status ,not later than #ij days after the initial receipt by the ,secretary of an application under this subsection1 the ,secretary shall provide to the applicant a written report describing the status of the application and any requirements remaining for completion of the application4 7#d7 ,matters considered ,in reviewing and processing any application under this subsection1 the ,secretary shall-- 7,a7 determine whether-- 7i7 the applicant meets the requirements of paragraph 7#e72 and 7ii7 the management of the applicant is qualified and has the knowledge1 experience1 and capability necessary to comply with this section2 7,b7 take into consideration-- 7i7 the need for and availability of financing for rural business concerns in the geographic area in which the applicant is to commence business2 7ii7 the general business reputation of the owners and management of the applicant2 and 7iii7 the probability of successful operations of the applicant1 including adequate profitability and financial soundness2 and 7,c7 not take into consideration any projected shortage or unavailability of grant funds or leverage4 7#e7 ,approval2 license 7,a7 ,in general ,except as provided in subparagraph 7,b71 the ,secretary may approve an applicant to operate as a rural business investment company under this subtitle and license the applicant as a rural business investment company1 if-- 7i7 the ,secretary determines that the application satisfies the requirements of paragraph 7#b72 7ii7 the area in which the rural business investment company is to conduct its operations1 and establishment of branch offices or agencies 7if authorized by the articles71 are approved by the ,secretary2 and 7iii7 the applicant enters into a participation agreement with the ,secretary4 7,b7 ,capital requirements 7i7 ,in general ,notwithstanding any other provision of this section1 the ,secretary may approve an applicant to operate as a rural business investment company under this section and designate the applicant as a rural business investment company1 if the ,secretary determines that the applicant-- 7,i7 has private capital as determined by the ,secretary2 7,,ii7 would otherwise be approved under this section1 except that the applicant does not satisfy the requirements of subsection 7i77#c72 and 7,,iii7 has a viable business plan that-- 7aa7 reasonably projects profitable operations2 and 7bb7 has a reasonable timetable for achieving a level of private capital that satisfies the requirements of subsection 7i77#c74 7ii7 ,leverage ,an applicant approved under clause 7i7 shall not be eligible to receive leverage under this section until the applicant satisfies the requirements of section #cfjb7;i77#c74 7iii7 ,grants ,an applicant approved under clause 7i7 shall be eligible for grants under subsection 7h7 in proportion to the private capital of the applicant1 as determined by the ,secretary4 7e7 ,debentures 7#a7 ,in general ,the ,secretary may guarantee the timely payment of principal and interest1 as scheduled1 on debentures issued by any rural business investment company4 7#b7 ,terms and conditions ,the ,secretary may make guarantees under this subsection on such terms and conditions as the ,secretary considers appropriate1 except that the term of any debenture guaranteed under this section shall not exceed #ae years4 7#c7 ,full faith and credit of the ,united ,states ,section #cija shall apply to any guarantee under this subsection4 7#d7 ,maximum guarantee ,under this subsection1 the ,secretary may-- 7,a7 guarantee the debentures issued by a rural business investment company only to the extent that the total face amount of outstanding guaranteed debentures of the rural business investment company does not exceed the lesser of-- 7i7 #cjj percent of the private capital of the rural business investment company2 or 7ii7 #aje1jjj1jjj2 and 7,b7 provide for the use of discounted debentures4 7f7 ,issuance and guarantee of trust certificates 7#a7 ,issuance ,the ,secretary may issue trust certificates representing ownership of all or a fractional part of debentures issued by a rural business investment company and guaranteed by the ,secretary under this section1 if the certificates are based on and backed by a trust or pool approved by the ,secretary and composed solely of guaranteed debentures4 7#b7 ,guarantee 7,a7 ,in general ,the ,secretary may1 under such terms and conditions as the ,secretary considers appropriate1 guarantee the timely payment of the principal of and interest on trust certificates issued by the ,secretary or agents of the ,secretary for purposes of this subsection4 7,b7 ,limitation ,each guarantee under this paragraph shall be limited to the extent of principal and interest on the guaranteed debentures that compose the trust or pool4 7,c7 ,prepayment or default 7i7 ,in general 7,i7 ,authority to prepay ,a debenture may be prepaid at any time without penalty4 7,,ii7 ,reduction of guarantee ,subject to subclause 7,i71 if a debenture in a trust or pool is prepaid1 or in the event of default of such a debenture1 the guarantee of timely payment of principal and interest on the trust certificates shall be reduced in proportion to the amount of principal and interest the prepaid debenture represents in the trust or pool4 7ii7 ,interest ,interest on prepaid or defaulted debentures shall accrue and be guaranteed by the ,secretary only through the date of payment of the guarantee4 7iii7 ,redemption ,at any time during the term of a trust certificate1 the trust certificate may be called for redemption due to prepayment or default of all debentures4 7#c7 ,full faith and credit of the ,united ,states ,section #cija shall apply to any guarantee of a trust certificate issued by the ,secretary under this section4 7#d7 ,subrogation and ownership rights 7,a7 ,subrogation ,if the ,secretary pays a claim under a guarantee issued under this section1 the claim shall be subrogated fully to the rights satisfied by the payment4 7,b7 ,ownership rights ,no ,federal1 ,state1 or local law shall preclude or limit the exercise by the ,secretary of the ownership rights of the ,secretary in a debenture residing in a trust or pool against which #a or more trust certificates are issued under this subsection4 7#e7 ,management and administration 7,a7 ,registration ,the ,secretary shall provide for a central registration of all trust certificates issued under this subsection4 7,b7 ,creation of pools ,the ,secretary may-- 7i7 maintain such commercial bank accounts or investments in obligations of the ,united ,states as may be necessary to facilitate the creation of trusts or pools backed by debentures guaranteed under this subtitle2 and 7ii7 issue trust certificates to facilitate the creation of those trusts or pools4 7,c7 ,fidelity bond or insurance requirement ,any agent performing functions on behalf of the ,secretary under this paragraph shall provide a fidelity bond or insurance in such amount as the ,secretary considers to be necessary to fully protect the interests of the ,united ,states4 7,d7 ,regulation of brokers and dealers ,the ,secretary may regulate brokers and dealers in trust certificates issued under this subsection4 7,e7 ,electronic registration ,nothing in this paragraph prohibits the use of a book-entry or other electronic form of registration for trust certificates issued under this subsection4 7g7 ,fees 7#a7 ,in general ,the ,secretary may charge a fee that does not exceed #ejj with respect to any guarantee or grant issued under this section4 7#b7 ,trust certificate ,notwithstanding paragraph 7#a71 the ,secretary shall not collect a fee for any guarantee of a trust certificate under subsection 7f71 except that any agent of the ,secretary may collect a fee that does not exceed #ejj for the functions described in subsection 7f77#e77;,b74 7#c7 ,license 7,a7 ,in general ,except as provided in subparagraph 7,c71 the ,secretary may prescribe fees to be paid by each applicant for a license to operate as a rural business investment company under this section4 7,b7 ,use of amounts ,fees collected under this paragraph-- 7i7 shall be deposited in the account for salaries and expenses of the ,secretary2 7ii7 are authorized to be appropriated solely to cover the costs of licensing examinations2 and 7iii7 shall-- 7,i7 in the case of a license issued before the date of enactment of the ,agriculture ,reform1 ,food1 and ,jobs ,act of #bjac1 not exceed #ejj for any fee collected under this paragraph2 and 7,,ii7 in the case of a license issued after the date of enactment of the ,agriculture ,reform1 ,food1 and ,jobs ,act of #bjac1 be a rate as determined by the ,secretary4 7,c7 ,prohibition on collection of certain fees ,in the case of a license described in subparagraph 7,a7 that was approved before ,july #a1 #bjjg1 the ,secretary shall not collect any fees due on or after the date of enactment of the ,agriculture ,reform1 ,food1 and ,jobs ,act of #bjac4 7h7 ,operational assistance grants 7#a7 ,in general ,in accordance with this subsection1 the ,secretary may make grants to rural business investment companies and to other entities1 as authorized by this section1 to provide operational assistance to smaller enterprises financed1 or expected to be financed1 by the entities4 7#b7 ,terms ,grants made under this subsection shall be made over a multiyear period 7not to exceed #aj years7 under such terms as the ,secretary may require4 7#c7 ,use of funds ,the proceeds of a grant made under this subsection may be used by the rural business investment company receiving the grant only to provide operational assistance in connection with an equity or prospective equity investment in a business located in a rural area4 7#d7 ,submission of plans ,a rural business investment company shall be eligible for a grant under this subsection only if the rural business investment company submits to the ,secretary1 in such form and manner as the ,secretary may require1 a plan for use of the grant4 7#e7 ,grant amount 7,a7 ,rural business investment companies ,the amount of a grant made under this subsection to a rural business investment company shall be equal to the lesser of-- 7i7 #aj percent of the private capital raised by the rural business investment company2 or 7ii7 #a1jjj1jjj4 7#f7 ,other entities ,the amount of a grant made under this subsection to any entity other than a rural business investment company shall be equal to the resources 7in cash or in kind7 raised by the entity in accordance with the requirements applicable to rural business investment companies under this section4 7i7 ,rural business investment companies 7#a7 ,organization ,for purposes of this subsection1 a rural business investment company shall-- 7,a7 be an incorporated body1 a limited liability company1 or a limited partnership organized and chartered or otherwise existing under ,state law solely for the purpose of performing the functions and conducting the activities authorized by this section2 and 7,b7 7i7 if incorporated1 have succession for a period of not less than #cj years unless earlier dissolved by the shareholders of the rural business investment company2 and 7ii7 if a limited partnership or a limited liability company1 have succession for a period of not less than #aj years2 and 7iii7 possess the powers reasonably necessary to perform the functions and conduct the activities4 7#b7 ,articles ,the articles of any rural business investment company-- 7,a7 shall specify in general terms-- 7i7 the purposes for which the rural business investment company is formed2 7ii7 the name of the rural business investment company2 7iii7 the #a or more areas in which the operations of the rural business investment company are to be carried out2 7iv7 the place where the principal office of the rural business investment company is to be located2 and 7v7 the amount and classes of the shares of capital stock of the rural business investment company2 7,b7 may contain any other provisions consistent with this section that the rural business investment company may determine appropriate to adopt for the regulation of the business of the rural business investment company and the conduct of the affairs of the rural business investment company2 and 7,c7 shall be subject to the approval of the ,secretary4 7#c7 ,capital requirements 7,a7 ,in general ,each rural business investment company shall be required to meet the capital requirements as provided by the ,secretary4 7,b7 ,time frame ,each rural business investment company shall have a period of #b years to meet the capital requirements of this paragraph4 7,c7 ,adequacy ,in addition to the requirements of subparagraph 7,a71 the ,secretary shall-- 7i7 determine whether the private capital of each rural business investment company is adequate to ensure a reasonable prospect that the rural business investment company will be operated soundly and profitably1 and managed actively and prudently in accordance with the articles of the rural business investment company2 7ii7 determine that the rural business investment company will be able to comply with the requirements of this section2 7iii7 require that at least #ge percent of the capital of each rural business investment company is invested in rural business concerns2 7iv7 ensure that the rural business investment company is designed primarily to meet equity capital needs of the businesses in which the rural business investment company invests and not to compete with traditional small business financing by commercial lenders2 and 7v7 require that the rural business investment company makes short-term non-equity investments of less than #e years only to the extent necessary to preserve an existing investment4 7#d7 ,diversification of ownership ,the ,secretary shall ensure that the management of each rural business investment company licensed after the date of enactment of the ,agriculture ,reform1 ,food1 and ,jobs ,act of #bjac is sufficiently diversified from and unaffiliated with the ownership of the rural business investment company so as to ensure independence and objectivity in the financial management and oversight of the investments and operations of the rural business investment company4 7j7 ,financial institution investments 7#a7 ,in general ,except as otherwise provided in this subsection and notwithstanding any other provision of law1 the following banks1 associations1 and institutions are eligible both to establish and invest in any rural business investment company or in any entity established to invest solely in rural business investment companies3 7,a7 ,any bank or savings association the deposits of which are insured under the ,federal ,deposit ,insurance ,act 7#ab ,u4,s4,c4 #ahaa et seq471 including an investment pool created entirely by such bank or savings association4 7,b7 ,any ,farm ,credit ,system institution described in subsection #a4b7;a7 of the ,farm ,credit ,act of #aiga 7#ab ,u4,s4,c4 #bjjb7;a774 7#b7 ,limitation ,no bank1 association1 or institution described in paragraph 7#a7 may make investments described in paragraph 7#a7 that are greater than #e percent of the capital and surplus of the bank1 association1 or institution4 7#c7 ,limitation on rural business investment companies controlled by farm credit system institutions ,if a ,farm ,credit ,system institution described in section #a4b7;a7 of the ,farm ,credit ,act of #aiga 7#ab ,u4,s4,c4 #bjjb7;a77 holds more than #be percent of the shares of a rural business investment company1 either alone or in conjunction with other ,system institutions 7or affiliates71 the rural business investment company shall not provide equity investments in1 or provide other financial assistance to1 entities that are not otherwise eligible to receive financing from the ,farm ,credit ,system under that ,act 7#ab ,u4,s4,c4 #bjja et seq474 7k7 ,examinations 7#a7 ,in general ,each rural business investment company that participates in the program established under this section shall be subject to examinations made at the direction of the ,secretary in accordance with this subsection4 7#b7 ,assistance of private sector entities ,an examination under this subsection may be conducted with the assistance of a private sector entity that has the qualifications and the expertise necessary to conduct such an examination4 7#c7 ,costs 7,a7 ,in general ,the ,secretary may assess the cost of an examination under this section1 including compensation of the examiners1 against the rural business investment company examined4 7,b7 ,payment ,any rural business investment company against which the ,secretary assesses costs under this subparagraph shall pay the costs4 7#d7 ,deposit of funds ,funds collected under this subsection shall-- 7,a7 be deposited in the account that incurred the costs for carrying out this subsection2 7,b7 be made available to the ,secretary to carry out this subsection1 without further appropriation2 and 7,c7 remain available until expended4 7l7 ,reporting requirements 7#a7 ,rural business investment companies ,each entity that participates in a program established under this section shall provide to the ,secretary such information as the ,secretary may require1 including-- 7,a7 information relating to the measurement criteria that the entity proposed in the program application of the rural business investment company2 and 7,b7 in each case in which the entity under this section makes an investment in1 or a loan or grant to1 a business that is not located in a rural area1 a report on the number and percentage of employees of the business who reside in those areas4 7#b7 ,public reports 7,a7 ,in general ,the ,secretary shall prepare and make available to the public an annual report on the programs established under this section1 including detailed information on-- 7i7 the number of rural business investment companies licensed by the ,secretary during the previous fiscal year2 7ii7 the aggregate amount of leverage that rural business investment companies have received from the ,federal ,government during the previous fiscal year2 7iii7 the aggregate number of each type of leveraged instruments used by rural business investment companies during the previous fiscal year and how each number compares to previous fiscal years2 7iv7 the number of rural business investment company licenses surrendered and the number of rural business investment companies placed in liquidation during the previous fiscal year1 identifying the amount of leverage each rural business investment company has received from the ,federal ,government and the type of leverage instruments each rural business investment company has used2 7v7 the amount of losses sustained by the ,federal ,government as a result of operations under this section during the previous fiscal year and an estimate of the total losses that the ,federal ,government can reasonably expect to incur as a result of the operations during the current fiscal year2 7vi7 actions taken by the ,secretary to maximize recoupment of funds of the ,federal ,government expended to implement and administer the ,rural ,business ,investment ,program under this section during the previous fiscal year and to ensure compliance with the requirements of this section 7including regulations72 7vii7 the amount of ,federal ,government leverage that each licensee received in the previous fiscal year and the types of leverage instruments each licensee used2 7viii7 for each type of financing instrument1 the sizes1 types of geographic locations1 and other characteristics of the small business investment companies using the instrument during the previous fiscal year1 including the extent to which the investment companies have used the leverage from each instrument to make loans or equity investments in rural areas2 and 7ix7 the actions of the ,secretary to carry out this section 7,b7 ,prohibition ,in compiling the report required under subparagraph 7,a71 the ,secretary may not-- 7i7 compile the report in a manner that permits identification of any particular type of investment by an individual rural business investment company or small business concern in which a rural business investment company invests2 or 7ii7 release any information that is prohibited under section #aije of title #ah1 ,united ,states ,code4 7m7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #be1jjj1jjj for the period of fiscal years #bjjh through #bjah4 4 #c ,general rural development provisions #cgja4 ,general provisions for loans and grants 7a7 ,period for repayment ,unless otherwise specifically provided for in this subtitle1 the period for repayment of a loan under this subtitle shall not exceed #dj years4 7b7 ,interest rates 7#a7 ,in general ,except as otherwise provided in this title1 the interest rate on a loan under this subtitle shall be determined by the ,secretary at a rate-- 7,a7 not to exceed a sum obtained by adding-- 7i7 the current average market yield on outstanding marketable obligations of the ,united ,states with remaining periods to maturity comparable to the average maturity of the loan2 and 7ii7 an amount not to exceed #a percent1 as determined by the ,secretary2 and 7,b7 adjusted to the nearest #a_/h of #a percent4 7#b7 ,water and waste facility loans and community facilities loans 7,a7 ,in general ,notwithstanding any provision of ,state law limiting the rate or amount of interest that may be charged1 taken1 received1 or reserved1 except as provided in subparagraph 7,c7 and paragraph 7#e71 the interest rate on a loan 7other than a guaranteed loan7 to a public body or nonprofit association 7including an ,indian tribe7 for a water or waste disposal facility or essential community facility shall be determined by the ,secretary at a rate not to exceed-- 7i7 the current market yield on outstanding municipal obligations with remaining periods to maturity comparable to the average maturity for the loan1 and adjusted to the nearest #a_/h of #a percent2 7ii7 #e percent per year for a loan that is for the upgrading of a facility or construction of a new facility as required to meet applicable health or sanitary standards in-- 7,i7 an area in which the median family income of the persons to be served by the facility is below the poverty line 7as defined in section #fgc of the ,community ,services ,block ,grant ,act 7#db ,u4,s4,c4 #iijb772 and 7,,ii7 any areas the ,secretary may designate in which a significant percentage of the persons to be served by the facilities are low income persons1 as determined by the ,secretary2 and 7iii7 #g percent per year for a loan for a facility that does not qualify for the #e percent per year interest rate prescribed in clause 7ii7 but that is located in an area in a ,state in which the median household income of the persons to be served by the facility does not exceed #ajj percent of the statewide nonmetropolitan median household income for the ,state4 7,b7 ,health care and related facilities ,notwithstanding subparagraph 7,a71 the ,secretary shall establish a rate for a loan for a health care or related facility that is-- 7i7 based solely on the income of the area to be served2 and 7ii7 otherwise consistent with subparagraph 7,a74 7,c7 ,interest rates for water and waste disposal facilities loans 7i7 ,in general ,except as provided in clause 7ii7 and notwithstanding subparagraph 7,a71 in the case of a direct loan for a water or waste disposal facility-- 7,i7 in the case of a loan that would be subject to the #e percent interest rate limitation under subparagraph 7,a71 the ,secretary shall establish the interest rate at a rate that is equal to #fj percent of the current market yield for outstanding municipal obligations with remaining periods to maturity comparable to the average maturity of the loan1 adjusted to the nearest #a_/h of #a percent2 and 7,,ii7 in the case of a loan that would be subject to the #g percent limitation under subparagraph 7,a71 the ,secretary shall establish the interest rate at a rate that is equal to #hj percent of the current market yield for outstanding municipal obligations with remaining periods to maturity comparable to the average maturity of the loan1 adjusted to the nearest #a_/h of #a percent4 7ii7 ,exception ,clause 7i7 does not apply to a loan for a specific project that is the subject of a loan that has been approved1 but not closed1 as of the date of enactment of the ,agriculture ,reform1 ,food1 and ,jobs ,act of #bjac4 7#c7 ,interest rates on business and other loans 7,a7 ,in general ,except as provided in paragraph 7#d71 the interest rates on loans under sections #ceja7;a77#a7 7other than guaranteed loans and loans as described in paragraph 7#b77;,a77 shall be as determined by the ,secretary in accordance with subparagraph 7,b74 7,b7 ,minimum rate ,the interest rates described in subparagraph 7,a7 shall be not less than the sum obtained by adding-- 7i7 such rates as determined by the ,secretary of the ,treasury taking into consideration the current average market yield on outstanding marketable obligations of the ,united ,states with remaining periods to maturity comparable to the average maturities of such loans1 adjusted in the judgment of the ,secretary of the ,treasury to provide for rates comparable to the rates prevailing in the private market for similar loans and considering the insurance by the ,secretary of the loans2 and 7ii7 an additional charge1 prescribed by the ,secretary1 to cover the losses of the ,secretary and cost of administration1 which shall be deposited in the ,rural ,development ,insurance ,fund1 and further adjusted to the nearest #a_/h of #a percent4 7#d7 ,interest rates adjustments 7,a7 ,adjustments ,notwithstanding any other provision of this subsection1 in the case of loans 7other than guaranteed loans7 made or guaranteed under the authorities of this title specified in subparagraph 7,c7 for activities that involve the use of prime farmland1 the interest rates shall be the interest rates otherwise applicable under this section increased by #b percent per year4 7,b7 ,prime farmland 7i7 ,in general ,wherever practicable1 construction by a ,state1 municipality1 or other political subdivision of local government that is supported by loans described in subparagraph 7,a7 shall be placed on land that is not prime farmland1 in order to preserve the maximum practicable quantity of prime farmlands for production of food and fiber4 7ii7 ,increased rate ,in any case in which other options exist for the siting of construction described in clause 7i7 and the governmental authority still desires to carry out the construction on prime farmland1 the #b-percent interest rate increase provided by this paragraph shall apply1 but that increased interest rate shall not apply where such other options do not exist4 7,c7 ,applicable authorities ,the authorities referred to in subparagraph 7,a7 are-- 7i7 the provisions of section #cejb7;a7 relating to loans for recreational developments and essential community facilities2 7ii7 section #cfja7;e77#b77;,a72 and 7iii7 section #cfja7;c74 7c7 ,payment of charges ,a borrower of a loan made or guaranteed under this subtitle shall pay such fees and other charges as the ,secretary may require1 and prepay to the ,secretary such taxes and insurance as the ,secretary may require1 on such terms and conditions as the ,secretary may prescribe4 7d7 ,security 7#a7 ,in general ,the ,secretary shall take as security for an obligation entered into in connection with a loan made under this subtitle such security as the ,secretary may require4 7#b7 ,liens to ,united ,states ,an instrument for security under paragraph 7#a7 may constitute a lien running to the ,united ,states notwithstanding the fact that the note for the security may be held by a lender other than the ,united ,states4 7#c7 ,multiple loans ,a borrower may use the same collateral to secure #b or more loans made or guaranteed under this subtitle1 except that the outstanding amount of the loans may not exceed the total value of the collateral4 7e7 ,legal counsel for small loans ,in the case of a loan of less than #ejj1jjj made or guaranteed under section #ceja that is evidenced by a note or mortgage 7as distinguished from a bond issue71 the borrower shall not be required to appoint bond counsel to review the legal validity of the loan if the ,secretary has available legal counsel to perform the review4 #cgjb4 ,strategic economic and community development 7a7 ,priority ,in the case of any rural development program authorized by this subtitle1 the ,secretary may give priority to applications that are otherwise eligible and support strategic community and economic development plans on a multijurisdictional basis1 as approved by the ,secretary4 7b7 ,evaluation ,in evaluating strategic applications1 the ,secretary shall give a higher priority to strategic applications for a plan described in subsection 7a7 that demonstrate-- 7#a7 the plan was developed through the collaboration of multiple stakeholders in the service area of the plan1 including the participation of combinations of stakeholders such as ,state1 local1 and tribal governments1 nonprofit institutions1 institutions of higher education1 and private entities2 7#b7 an understanding of the applicable regional resources that could support the plan1 including natural resources1 human resources1 infrastructure1 and financial resources2 7#c7 investment from other ,federal agencies2 7#d7 investment from philanthropic organizations2 and 7#e7 clear objectives for the plan and the ability to establish measurable performance measures and to track progress toward meeting the objectives4 #cgjc4 ,guaranteed rural development loans 7a7 ,in general ,the ,secretary may provide financial assistance to a borrower for a purpose provided in this subtitle by guaranteeing a loan made by any ,federal or ,state chartered bank1 savings and loan association1 cooperative lending agency1 or other legally organized lending agency4 7b7 ,interest rate ,the interest rate payable by a borrower on the portion of a guaranteed loan that is sold by a lender to the secondary market under this subtitle may be lower than the interest rate charged on the portion retained by the lender4 7c7 ,maximum guarantee of #ij percent ,except as provided in subsections 7d7 and 7e71 a loan guarantee under this subtitle shall be for not more than #ij percent of the principal and interest due on the loan4 7d7 ,refinanced loans guaranteed at #ie percent ,the ,secretary shall guarantee #ie percent of-- 7#a7 in the case of a loan that solely refinances a direct loan made under this subtitle1 the principal and interest due on the loan on the date of the refinancing2 or 7#b7 in the case of a loan that is used for multiple purposes1 the portion of the loan that refinances the principal and interest due on a direct loan made under this subtitle that is outstanding on the date on which the loan is guaranteed4 7e7 ,risk of loss 7#a7 ,in general ,subject to subsection 7b71 the ,secretary may not make a loan under section #ceja or #cfja unless the ,secretary determines that no other lender is willing to make the loan and assume #aj percent of the potential loss to be sustained from the loan4 7#b7 ,exception for nonprofit groups ,paragraph 7#a7 shall not apply to a public body or nonprofit association1 including an ,indian tribe4 #cgjd4 ,rural ,development ,insurance ,fund 7a7 ,definition of rural development loan ,in this section1 the term rural development loan means a loan provided for by section #ceja or #cfja4 7b7 ,establishment ,there is established in the ,treasury of the ,united ,states a fund to be known as the ,rural ,development ,insurance ,fund that shall be used by the ,secretary to discharge the obligations of the ,secretary under contracts making or guaranteeing rural development loans4 #cgje4 ,rural economic area partnership zones 7a7 ,in general ,the ,secretary may designate additional areas as rural economic area partnership zones to be assisted under this chapter-- 7#a7 through an open1 competitive process2 and 7#b7 with priority given to rural areas-- 7,a7 with excessive unemployment or underemployment1 a high percentage of low-income residents1 or high rates of outmigration1 as determined by the ,secretary2 and 7,b7 that the ,secretary determines have a substantial need for assistance4 7b7 ,requirements ,the ,secretary shall carry out those rural economic area partnership zones administratively in effect on the date of enactment of the ,agriculture ,reform1 ,food1 and ,jobs ,act of #bjac in accordance with the terms and conditions contained in the memoranda of agreement entered into by the ,secretary for the rural economic area partnership zones4 #cgjf4 ,streamlining applications and improving accessibility of rural development programs ,the ,secretary shall expedite the process of creating user-friendly and accessible application forms and procedures prioritizing programs and applications at the individual level with an emphasis on utilizing current technology including online applications and submission processes4 #cgjg4 ,state ,rural ,development ,partnership 7a7 ,definitions ,in this section3 7#a7 ,agency with rural responsibilities ,the term agency with rural responsibilities means any executive agency 7as defined in section #aje of title #e1 ,united ,states ,code7 that implements a ,federal law1 or administers a program1 targeted at or having a significant impact on rural areas4 7#b7 ,partnership ,the term ,partnership means the ,state ,rural ,development ,partnership continued by subsection 7b74 7#c7 ,state rural development council ,the term ,state rural development council means a ,state rural development council that meets the requirements of subsection 7c74 7b7 ,partnership 7#a7 ,in general ,the ,secretary shall support the ,state ,rural ,development ,partnership comprised of ,state rural development councils4 7#b7 ,purposes ,the purposes of the ,partnership are to empower and build the capacity of ,states1 regions1 and rural communities to design flexible and innovative responses to their rural development needs in a manner that maximizes collaborative public- and private-sector cooperation and minimizes regulatory redundancy4 7#c7 ,coordinating panel ,a panel consisting of representatives of ,state rural development councils shall be established-- 7,a7 to lead and coordinate the strategic operation and policies of the ,partnership2 and 7,b7 to facilitate effective communication among the members of the ,partnership1 including the sharing of best practices4 7#d7 ,role of ,federal government ,the role of the ,federal ,government in the ,partnership may be that of a partner and facilitator1 with ,federal agencies authorized-- 7,a7 to cooperate with ,states to implement the ,partnership2 7,b7 to provide ,states with the technical and administrative support necessary to plan and implement tailored rural development strategies to meet local needs2 7,c7 to ensure that the head of each agency with rural responsibilities directs appropriate field staff to participate fully with the ,state rural development council within the jurisdiction of the field staff2 and 7,d7 to enter into cooperative agreements with1 and to provide grants and other assistance to1 ,state rural development councils4 7c7 ,state rural development councils 7#a7 ,establishment ,notwithstanding chapter #fc of title #ca1 ,united ,states ,code1 each ,state may elect to participate in the ,partnership by entering into an agreement with the ,secretary to recognize a ,state rural development council4 7#b7 ,composition ,a ,state rural development council shall-- 7,a7 be composed of representatives of ,federal1 ,state1 local1 and tribal governments1 nonprofit organizations1 regional organizations1 the private sector1 and other entities committed to rural advancement2 and 7,b7 have a nonpartisan and nondiscriminatory membership that-- 7i7 is broad and representative of the economic1 social1 and political diversity of the ,state2 and 7ii7 shall be responsible for the governance and operations of the ,state rural development council4 7#c7 ,duties ,a ,state rural development council shall-- 7,a7 facilitate collaboration among ,federal1 ,state1 local1 and tribal governments and the private and nonprofit sectors in the planning and implementation of programs and policies that have an impact on rural areas of the ,state2 7,b7 monitor1 report1 and comment on policies and programs that address1 or fail to address1 the needs of the rural areas of the ,state2 7,c7 as part of the ,partnership1 facilitate the development of strategies to reduce or eliminate conflicting or duplicative administrative or regulatory requirements of ,federal1 ,state1 local1 and tribal governments2 and 7,d7 7i7 provide to the ,secretary an annual plan with goals and performance measures2 and 7ii7 submit to the ,secretary an annual report on the progress of the ,state rural development council in meeting the goals and measures4 7#d7 ,federal participation in ,state rural development councils 7,a7 ,in general ,a ,state ,director for ,rural ,development of the ,department of ,agriculture1 other employees of the ,department1 and employees of other ,federal agencies with rural responsibilities shall fully participate as voting members in the governance and operations of ,state rural development councils 7including activities related to grants1 contracts1 and other agreements in accordance with this section7 on an equal basis with other members of the ,state rural development councils4 7,b7 ,conflicts ,participation by a ,federal employee in a ,state rural development council in accordance with this paragraph shall not constitute a violation of section #bje or #bjh of title #ah1 ,united ,states ,code4 7d7 ,administrative support of the partnership 7#a7 ,detail of employees 7,a7 ,in general ,in order to provide experience in intergovernmental collaboration1 the head of an agency with rural responsibilities that elects to participate in the ,partnership may1 and is encouraged to1 detail to the ,secretary for the support of the ,partnership #a or more employees of the agency with rural responsibilities without reimbursement for a period of up to #a year4 7,b7 ,civil service status ,the detail shall be without interruption or loss of civil service status or privilege4 7#b7 ,additional support ,the ,secretary may provide for any additional support staff to the ,partnership as the ,secretary determines to be necessary to carry out the duties of the ,partnership4 7#c7 ,intermediaries ,the ,secretary may enter into a contract with a qualified intermediary under which the intermediary shall be responsible for providing administrative and technical assistance to a ,state rural development council1 including administering the financial assistance available to the ,state rural development council4 7e7 ,matching requirements for ,state rural development councils 7#a7 ,in general ,except as provided in paragraph 7#b71 a ,state rural development council shall provide matching funds1 or in-kind goods or services1 to support the activities of the ,state rural development council in an amount that is not less than #cc percent of the amount of ,federal funds received from a ,federal agency under subsection 7f77#b74 7#b7 ,exceptions to matching requirement for certain ,federal funds ,paragraph 7#a7 shall not apply to funds1 grants1 funds provided under contracts or cooperative agreements1 gifts1 contributions1 or technical assistance received by a ,state rural development council from a ,federal agency that are used-- 7,a7 to support #a or more specific program or project activities2 or 7,b7 to reimburse the ,state rural development council for services provided to the ,federal agency providing the funds1 grants1 funds provided under contracts or cooperative agreements1 gifts1 contributions1 or technical assistance4 7#c7 ,department's share ,the ,secretary shall develop a plan to decrease1 over time1 the share of the ,department of ,agriculture of the cost of the core operations of ,state rural development councils4 7f7 ,funding 7#a7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #e1jjj1jjj for each of fiscal years #bjad through #bjah4 7#b7 ,federal agencies 7,a7 ,in general ,notwithstanding any other provision of law limiting the ability of an agency1 along with other agencies1 to provide funds to a ,state rural development council in order to carry out the purposes of this section1 a ,federal agency may make grants1 gifts1 or contributions to1 provide technical assistance to1 or enter into contracts or cooperative agreements with1 a ,state rural development council4 7,b7 ,assistance ,federal agencies are encouraged to use funds made available for programs that have an impact on rural areas to provide assistance to1 and enter into contracts with1 a ,state rural development council1 as described in subparagraph 7,a74 7#c7 ,contributions ,a ,state rural development council may accept private contributions4 7g7 ,termination ,the authority provided under this section shall terminate on ,september #cj1 #bjah4 #d ,delta ,regional ,authority #chja4 ,definitions ,in this chapter3 7#a7 ,authority ,the term ,authority means the ,delta ,regional ,authority established by section #chjb4 7#b7 ,federal grant program ,the term ,federal grant program means a ,federal grant program to provide assistance in-- 7,a7 acquiring or developing land2 7,b7 constructing or equipping a highway1 road1 bridge1 or facility2 or 7,c7 carrying out other economic development activities4 7#c7 ,region ,the term region means the ,lower ,mississippi 7as defined in section #d of the ,delta ,development ,act 7#db ,u4,s4,c4 #caba note2 ,public ,law #ajj-dfj774 #chjb4 ,delta ,regional ,authority 7a7 ,establishment 7#a7 ,in general ,there is established the ,delta ,regional ,authority4 7#b7 ,composition ,the ,authority shall be composed of-- 7,a7 a ,federal member1 to be appointed by the ,president1 with the advice and consent of the ,senate2 and 7,b7 the ,governor 7or a designee of the ,governor7 of each ,state in the region that elects to participate in the ,authority4 7#c7 ,cochairpersons ,the ,authority shall be headed by-- 7,a7 the ,federal member1 who shall serve as-- 7i7 the ,federal cochairperson2 and 7ii7 a liaison between the ,federal ,government and the ,authority2 and 7,b7 a ,state cochairperson1 who shall be-- 7i7 a ,governor of a participating ,state in the region2 and 7ii7 elected by the ,state members for a term of not less than #a year4 7#d7 ,alabama ,notwithstanding any other provision of law1 the ,state of ,alabama shall be a full member of the ,authority and shall be entitled to all rights and privileges that the membership affords to all other participating ,states in the ,authority4 7b7 ,alternate members 7#a7 ,state alternates ,the ,state member of a participating ,state may have a single alternate1 who shall be-- 7,a7 a resident of that ,state2 and 7,b7 appointed by the ,governor of the ,state4 7#b7 ,alternate ,federal cochairperson ,the ,president shall appoint an alternate ,federal cochairperson4 7#c7 ,quorum ,a ,state alternate shall not be counted toward the establishment of a quorum of the ,authority in any instance in which a quorum of the ,state members is required to be present4 7#d7 ,delegation of power ,no power or responsibility of the ,authority specified in paragraphs 7#b7 and 7#c7 of subsection 7c71 and no voting right of any ,authority member1 shall be delegated to any person-- 7,a7 who is not an ,authority member2 or 7,b7 who is not entitled to vote in ,authority meetings4 7c7 ,voting 7#a7 ,in general ,a decision by the ,authority shall require a majority vote of the ,authority 7not including any member representing a ,state that is delinquent under subsection 7g77#b77;,c77 to be effective4 7#b7 ,quorum ,a quorum of ,state members shall be required to be present for the ,authority to make any policy decision1 including-- 7,a7 a modification or revision of an ,authority policy decision2 7,b7 approval of a ,state or regional development plan2 and 7,c7 any allocation of funds among the ,states4 7#c7 ,project and grant proposals ,the approval of project and grant proposals shall be-- 7,a7 a responsibility of the ,authority2 and 7,b7 conducted in accordance with section #chji4 7#d7 ,voting by alternate members ,an alternate member shall vote in the case of the absence1 death1 disability1 removal1 or resignation of the ,federal or ,state representative for which the alternate member is an alternate4 7d7 ,duties ,the ,authority shall-- 7#a7 develop1 on a continuing basis1 comprehensive and coordinated plans and programs to establish priorities and approve grants for the economic development of the region1 giving due consideration to other ,federal1 ,state1 and local planning and development activities in the region2 7#b7 review1 and where appropriate amend1 priorities in a development plan for the region 7including #e-year regional outcome targets72 7#c7 assess the needs and assets of the region based on available research1 demonstrations1 investigations1 assessments1 and evaluations of the region prepared by ,federal1 ,state1 and local agencies1 universities1 local development districts1 and other nonprofit groups2 7#d7 formulate and recommend to the ,governors and legislatures of ,states that participate in the ,authority forms of interstate cooperation2 7#e7 work with ,state and local agencies in developing appropriate model legislation2 7#f7 7,a7 enhance the capacity of1 and provide support for1 local development districts in the region2 or 7,b7 if no local development district exists in an area in a participating ,state in the region1 foster the creation of a local development district2 7#g7 encourage private investment in industrial1 commercial1 and other economic development projects in the region2 and 7#h7 cooperate with and assist ,state governments with economic development programs of participating ,states4 7e7 ,administration ,in carrying out subsection 7d71 the ,authority may-- 7#a7 hold such hearings1 sit and act at such times and places1 take such testimony1 receive such evidence1 and print or otherwise reproduce and distribute a description of the proceedings and reports on actions by the ,authority as the ,authority considers appropriate2 7#b7 authorize1 through the ,federal or ,state cochairperson or any other member of the ,authority designated by the ,authority1 the administration of oaths if the ,authority determines that testimony should be taken or evidence received under oath2 7#c7 request from any ,federal1 ,state1 or local department or agency such information as may be available to or procurable by the department or agency that may be of use to the ,authority in carrying out duties of the ,authority2 7#d7 adopt1 amend1 and repeal bylaws1 rules1 and regulations governing the conduct of ,authority business and the performance of ,authority duties2 7#e7 request the head of any ,federal department or agency to detail to the ,authority such personnel as the ,authority requires to carry out duties of the ,authority1 each such detail to be without loss of seniority1 pay1 or other employee status2 7#f7 request the head of any ,state department or agency or local government to detail to the ,authority such personnel as the ,authority requires to carry out duties of the ,authority1 each such detail to be without loss of seniority1 pay1 or other employee status2 7#g7 provide for coverage of ,authority employees in a suitable retirement and employee benefit system by-- 7,a7 making arrangements or entering into contracts with any participating ,state government2 or 7,b7 otherwise providing retirement and other employee benefit coverage2 7#h7 accept1 use1 and dispose of gifts or donations of services or real1 personal1 tangible1 or intangible property2 7#i7 enter into and perform such contracts1 leases1 cooperative agreements1 or other transactions as are necessary to carry out ,authority duties1 including any contracts1 leases1 or cooperative agreements with-- 7,a7 any department1 agency1 or instrumentality of the ,united ,states2 7,b7 any ,state 7including a political subdivision1 agency1 or instrumentality of the ,state72 or 7,c7 any person1 firm1 association1 or corporation2 and 7#aj7 establish and maintain a central office and field offices at such locations as the ,authority may select4 7f7 ,federal agency cooperation ,a ,federal agency shall-- 7#a7 cooperate with the ,authority2 and 7#b7 provide1 on request of the ,federal cochairperson1 appropriate assistance in carrying out this chapter1 in accordance with applicable ,federal laws 7including regulations74 7g7 ,administrative expenses 7#a7 ,in general ,administrative expenses of the ,authority 7except for the expenses of the ,federal cochairperson1 including expenses of the alternate and staff of the ,federal cochairperson1 which shall be paid solely by the ,federal ,government7 shall be paid-- 7,a7 by the ,federal ,government1 in an amount equal to #ej percent of the administrative expenses2 and 7,b7 by the ,states in the region participating in the ,authority1 in an amount equal to #ej percent of the administrative expenses4 7#b7 ,state share 7,a7 ,in general ,the share of administrative expenses of the ,authority to be paid by each ,state shall be determined by the ,authority4 7,b7 ,no ,federal participation ,the ,federal cochairperson shall not participate or vote in any decision under subparagraph 7,a74 7,c7 ,delinquent ,states ,if a ,state is delinquent in payment of the ,state's share of administrative expenses of the ,authority under this subsection-- 7i7 no assistance under this chapter shall be furnished to the ,state 7including assistance to a political subdivision or a resident of the ,state72 and 7ii7 no member of the ,authority from the ,state shall participate or vote in any action by the ,authority4 7h7 ,compensation 7#a7 ,federal cochairperson ,the ,federal cochairperson shall be compensated by the ,federal ,government at level ,,iii of the ,executive ,schedule in subchapter ,,ii of chapter #ec of title #e1 ,united ,states ,code4 7#b7 ,alternate ,federal cochairperson ,the alternate ,federal cochairperson-- 7,a7 shall be compensated by the ,federal ,government at level ,v of the ,executive ,schedule described in paragraph 7#a72 and 7,b7 when not actively serving as an alternate for the ,federal cochairperson1 shall perform such functions and duties as are delegated by the ,federal cochairperson4 7#c7 ,state members and alternates 7,a7 ,in general ,a ,state shall compensate each member and alternate representing the ,state on the ,authority at the rate established by law of the ,state4 7,b7 ,no additional compensation ,no ,state member or alternate member shall receive any salary1 or any contribution to or supplementation of salary from any source other than the ,state for services provided by the member or alternate to the ,authority4 7#d7 ,detailed employees 7,a7 ,in general ,no person detailed to serve the ,authority under subsection 7e77#f7 shall receive any salary or any contribution to or supplementation of salary for services provided to the ,authority from-- 7i7 any source other than the ,state1 local1 or intergovernmental department or agency from which the person was detailed2 or 7ii7 the ,authority4 7,b7 ,violation ,any person that violates this paragraph shall be fined not more than #e1jjj1 imprisoned not more than #a year1 or both4 7,c7 ,applicable law ,the ,federal cochairperson1 the alternate ,federal cochairperson1 and any ,federal officer or employee detailed to duty on the ,authority under subsection 7e77#e7 shall not be subject to subparagraph 7,a71 but shall remain subject to sections #bjb through #bji of title #ah1 ,united ,states ,code4 7#e7 ,additional personnel 7,a7 ,compensation 7i7 ,in general ,the ,authority may appoint and fix the compensation of an executive director and such other personnel as are necessary to enable the ,authority to carry out the duties of the ,authority4 7ii7 ,exception ,compensation under clause 7i7 shall not exceed the maximum rate for the ,senior ,executive ,service under section #echb of title #e1 ,united ,states ,code1 including any applicable locality-based comparability payment that may be authorized under section #ecjd7;h77#b77;,c7 of that title4 7,b7 ,executive director ,the executive director shall be responsible for-- 7i7 the carrying out of the administrative duties of the ,authority2 7ii7 direction of the ,authority staff2 and 7iii7 such other duties as the ,authority may assign4 7,c7 ,no ,federal employee status ,no member1 alternate1 officer1 or employee of the ,authority 7except the ,federal cochairperson of the ,authority1 the alternate and staff for the ,federal cochairperson1 and any ,federal employee detailed to the ,authority under subsection 7e77#e77 shall be considered to be a ,federal employee for any purpose4 7i7 ,conflicts of interest 7#a7 ,in general ,except as provided under paragraph 7#b71 no ,state member1 alternate1 officer1 or employee of the ,authority shall participate personally and substantially as a member1 alternate1 officer1 or employee of the ,authority1 through decision1 approval1 disapproval1 recommendation1 the rendering of advice1 investigation1 or otherwise1 in any proceeding1 application1 request for a ruling or other determination1 contract1 claim1 controversy1 or other matter in which1 to knowledge of the member1 alternate1 officer1 or employee1 there is a financial interest of-- 7,a7 the member1 alternate1 officer1 or employee2 7,b7 the spouse1 minor child1 partner1 or organization 7other than a ,state or political subdivision of the ,state7 of the member1 alternate1 officer1 or employee1 in which the member1 alternate1 officer1 or employee is serving as officer1 director1 trustee1 partner1 or employee2 or 7,c7 any person or organization with whom the member1 alternate1 officer1 or employee is negotiating or has any arrangement concerning prospective employment4 7#b7 ,disclosure ,paragraph 7#a7 shall not apply if the ,state member1 alternate1 officer1 or employee-- 7,a7 immediately advises the ,authority of the nature and circumstances of the proceeding1 application1 request for a ruling or other determination1 contract1 claim1 controversy1 or other particular matter presenting a potential conflict of interest2 7,b7 makes full disclosure of the financial interest2 and 7,c7 before the proceeding concerning the matter presenting the conflict of interest1 receives a written determination by the ,authority that the interest is not so substantial as to be likely to affect the integrity of the services that the ,authority may expect from the ,state member1 alternate1 officer1 or employee4 7#c7 ,violation ,any person that violates this subsection shall be fined not more than #aj1jjj1 imprisoned not more than #b years1 or both4 7j7 ,validity of contracts1 loans1 and grants ,the ,authority may declare void any contract1 loan1 or grant of or by the ,authority in relation to which the ,authority determines that there has been a violation of any provision under subsection 7h77#d71 subsection 7i71 or sections #bjb through #bji of title #ah1 ,united ,states ,code4 #chjc4 ,economic and community development grants 7a7 ,in general ,the ,authority may approve grants to ,states and public and nonprofit entities for projects1 approved in accordance with section #chji-- 7#a7 to develop the transportation infrastructure of the region for the purpose of facilitating economic development in the region 7except that grants for this purpose may only be made to a ,state or local government72 7#b7 to assist the region in obtaining the job training1 employment-related education1 and business development 7with an emphasis on entrepreneurship7 that are needed to build and maintain strong local economies2 7#c7 to provide assistance to severely distressed and underdeveloped areas that lack financial resources for improving basic public services2 7#d7 to provide assistance to severely distressed and underdeveloped areas that lack financial resources for equipping industrial parks and related facilities2 and 7#e7 to otherwise achieve the purposes of this chapter4 7b7 ,funding 7#a7 ,in general ,funds for grants under subsection 7a7 may be provided-- 7,a7 entirely from appropriations to carry out this section2 7,b7 in combination with funds available under another ,federal or ,federal grant program2 or 7,c7 from any other source4 7#b7 ,priority of funding ,to best build the foundations for long-term economic development and to complement other ,federal and ,state resources in the region1 ,federal funds available under this chapter shall be focused on the activities in the following order or priority3 7,a7 ,basic public infrastructure in distressed counties and isolated areas of distress4 7,b7 ,transportation infrastructure for the purpose of facilitating economic development in the region4 7,c7 ,business development1 with emphasis on entrepreneurship4 7,d7 ,job training or employment-related education1 with emphasis on use of existing public educational institutions located in the region4 #chjd4 ,supplements to ,federal grant programs 7a7 ,finding ,congress finds that certain ,states and local communities of the region1 including local development districts1 may be unable to take maximum advantage of ,federal grant programs for which the ,states and communities are eligible because-- 7#a7 the ,states or communities lack the economic resources to provide the required matching share2 or 7#b7 there are insufficient funds available under the applicable ,federal law authorizing the ,federal grant program to meet pressing needs of the region4 7b7 ,federal grant program funding ,notwithstanding any provision of law limiting the ,federal share1 the areas eligible for assistance1 or the authorizations of appropriations of any ,federal grant program1 and in accordance with subsection 7c71 the ,authority1 with the approval of the ,federal cochairperson and with respect to a project to be carried out in the region-- 7#a7 may increase the ,federal share of the costs of a project under the ,federal grant program to not more than #ij percent 7except as provided in section #chjf7;b772 and 7#b7 shall use amounts made available to carry out this chapter to pay the increased ,federal share4 7c7 ,certifications 7#a7 ,in general ,in the case of any project for which all or any portion of the basic ,federal share of the costs of the project is proposed to be paid under this section1 no ,federal contribution shall be made until the ,federal official administering the ,federal law that authorizes the ,federal grant program certifies that the project-- 7,a7 meets 7except as provided in subsection 7b77 the applicable requirements of the applicable ,federal grant program2 and 7,b7 could be approved for ,federal contribution under the ,federal grant program if funds were available under the law for the project4 7#b7 ,certification by authority 7,a7 ,in general ,the certifications and determinations required to be made by the ,authority for approval of projects under this ,act in accordance with section #chji shall be-- 7i7 controlling2 and 7ii7 accepted by the ,federal agencies4 7,b7 ,acceptance by ,federal cochairperson ,in the case of any project described in paragraph 7#a71 any finding1 report1 certification1 or documentation required to be submitted with respect to the project to the head of the department1 agency1 or instrumentality of the ,federal ,government responsible for the administration of the ,federal grant program under which the project is carried out shall be accepted by the ,federal cochairperson4 #chje4 ,local development districts2 certification and administrative expenses 7a7 ,definition of local development district ,in this section1 the term local development district means an entity that-- 7#a7 is-- 7,a7 a planning district in existence on the date of enactment of the ,agriculture ,reform1 ,food1 and ,jobs ,act of #bjac that is recognized by the ,secretary2 or 7,b7 if an entity described in subparagraph 7,a7 does not exist-- 7i7 organized and operated in a manner that ensures broad-based community participation and an effective opportunity for other nonprofit groups to contribute to the development and implementation of programs in the region2 7ii7 governed by a policy board with at least a simple majority of members consisting of elected officials or employees of a general purpose unit of local government who have been appointed to represent the government2 7iii7 certified to the ,authority as having a charter or authority that includes the economic development of counties or parts of counties or other political subdivisions within the region-- 7,i7 by the ,governor of each ,state in which the entity is located2 or 7,,ii7 by the ,state officer designated by the appropriate ,state law to make the certification2 and 7iv7 7,i7 a nonprofit incorporated body organized or chartered under the law of the ,state in which the entity is located2 7,,ii7 a nonprofit agency or instrumentality of a ,state or local government2 7,,iii7 a public organization established before ,december #ba1 #bjjj1 under ,state law for creation of multi-jurisdictional1 area-wide planning organizations2 or 7,,iv7 a nonprofit association or combination of bodies1 agencies1 and instrumentalities described in subclauses 7,i7 through 7,,iii72 and 7#b7 has not1 as certified by the ,federal cochairperson-- 7,a7 inappropriately used ,federal grant funds from any ,federal source2 or 7,b7 appointed an officer who1 during the period in which another entity inappropriately used ,federal grant funds from any ,federal source1 was an officer of the other entity4 7b7 ,grants to local development districts 7#a7 ,in general ,the ,authority shall make grants for administrative expenses under this section4 7#b7 ,conditions for grants 7,a7 ,maximum amount ,the amount of any grant awarded under paragraph 7#a7 shall not exceed #hj percent of the administrative expenses of the local development district receiving the grant4 7,b7 ,maximum period ,no grant described in paragraph 7#a7 shall be awarded to a ,state agency certified as a local development district for a period greater than #c years4 7,c7 ,local share ,the contributions of a local development district for administrative expenses may be in cash or in kind1 fairly evaluated1 including space1 equipment1 and services4 7c7 ,duties of local development districts ,a local development district shall-- 7#a7 operate as a lead organization serving multicounty areas in the region at the local level2 and 7#b7 serve as a liaison between ,state and local governments1 nonprofit organizations 7including community-based groups and educational institutions71 the business community1 and citizens that-- 7,a7 are involved in multijurisdictional planning2 7,b7 provide technical assistance to local jurisdictions and potential grantees2 and 7,c7 provide leadership and civic development assistance4 #chjf4 ,distressed counties and areas and nondistressed counties 7a7 ,designations ,each year1 the ,authority1 in accordance with such criteria as the ,authority may establish1 shall designate-- 7#a7 as distressed counties1 counties in the region that are the most severely and persistently distressed and underdeveloped and have high rates of poverty or unemployment2 7#b7 as nondistressed counties1 counties in the region that are not designated as distressed counties under paragraph 7#a72 and 7#c7 as isolated areas of distress1 areas located in nondistressed counties 7as designated under paragraph 7#b77 that have high rates of poverty or unemployment4 7b7 ,distressed counties 7#a7 ,in general ,the ,authority shall allocate at least #ge percent of the appropriations made available under section #chac for programs and projects designed to serve the needs of distressed counties and isolated areas of distress in the region4 7#b7 ,funding limitations ,the funding limitations under section #chjd7;b7 shall not apply to a project providing transportation or basic public services to residents of #a or more distressed counties or isolated areas of distress in the region4 7c7 ,nondistressed counties 7#a7 ,in general ,except as provided in this subsection1 no funds shall be provided under this chapter for a project located in a county designated as a nondistressed county under subsection 7a77#b74 7#b7 ,exceptions 7,a7 ,in general ,the funding prohibition under paragraph 7#a7 shall not apply to grants to fund the administrative expenses of local development districts under section #chje7;b74 7,b7 ,multicounty projects ,the ,authority may waive the application of the funding prohibition under paragraph 7#a7 to a multicounty project that includes participation by a nondistressed county2 or any other type of project if the ,authority determines that the project could bring significant benefits to areas of the region outside a nondistressed county4 7,c7 ,isolated areas of distress ,for a designation of an isolated area of distress for assistance to be effective1 the designation shall be supported-- 7i7 by the most recent ,federal data available2 or 7ii7 if no recent ,federal data are available1 by the most recent data available through the government of the ,state in which the isolated area of distress is located4 7d7 ,transportation and basic public infrastructure ,the ,authority shall allocate at least #ej percent of any funds made available under section #chac for transportation and basic public infrastructure projects authorized under paragraphs 7#a7 and 7#c7 of section #chjc7;a74 #chjg4 ,development planning process 7a7 ,state development plan ,in accordance with policies established by the ,authority1 each ,state member shall submit a development plan for the area of the region represented by the ,state member4 7b7 ,content of plan ,a ,state development plan submitted under subsection 7a7 shall reflect the goals1 objectives1 and priorities identified in the regional development plan developed under section #chjb7;d77#b74 7c7 ,consultation with interested local parties ,in carrying out the development planning process 7including the selection of programs and projects for assistance71 a ,state may-- 7#a7 consult with-- 7,a7 local development districts2 and 7,b7 local units of government2 and 7#b7 take into consideration the goals1 objectives1 priorities1 and recommendations of the entities described in paragraph 7#a74 7d7 ,public participation 7#a7 ,in general ,the ,authority and applicable ,state and local development districts shall encourage and assist1 to the maximum extent practicable1 public participation in the development1 revision1 and implementation of all plans and programs under this chapter4 7#b7 ,regulations ,the ,authority shall develop guidelines for providing public participation described in paragraph 7#a71 including public hearings4 #chjh4 ,program development criteria 7a7 ,in general ,in considering programs and projects to be provided assistance under this chapter and in establishing a priority ranking of the requests for assistance provided by the ,authority1 the ,authority shall follow procedures that ensure1 to the maximum extent practicable1 consideration of-- 7#a7 the relationship of the project or class of projects to overall regional development2 7#b7 the per capita income and poverty and unemployment rates in an area2 7#c7 the financial resources available to the applicants for assistance seeking to carry out the project1 with emphasis on ensuring that projects are adequately financed to maximize the probability of successful economic development2 7#d7 the importance of the project or class of projects in relation to other projects or classes of projects that may be in competition for the same funds2 7#e7 the prospects that the project for which assistance is sought will improve1 on a continuing rather than a temporary basis1 the opportunities for employment1 the average level of income1 or the economic development of the area served by the project2 and 7#f7 the extent to which the project design provides for detailed outcome measurements by which grant expenditures and the results of the expenditures may be evaluated4 7b7 ,no relocation assistance 7#a7 ,in general ,except as provided in paragraph 7#b71 no financial assistance authorized by this chapter shall be used to assist a person or entity in relocating from #a area to another4 7#b7 ,outside businesses ,financial assistance under this chapter may be used as otherwise authorized by this title to attract businesses from outside the region to the region4 7c7 ,reduction of funds ,funds may be provided for a program or project in a ,state under this chapter only if the ,authority determines that the level of ,federal or ,state financial assistance provided under a law other than this chapter1 for the same type of program or project in the same area of the ,state within the region1 will not be reduced as a result of funds made available by this chapter4 #chji4 ,approval of development plans and projects 7a7 ,in general ,a ,state or regional development plan or any multistate subregional plan that is proposed for development under this chapter shall be reviewed and approved by the ,authority4 7b7 ,evaluation by ,state member ,an application for a grant or any other assistance for a project under this chapter shall be made through and evaluated for approval by the ,state member of the ,authority representing the applicant4 7c7 ,certification ,an application for a grant or other assistance for a project shall be approved only on certification by the ,state member that the application for the project-- 7#a7 describes ways in which the project complies with any applicable ,state development plan2 7#b7 meets applicable criteria under section #chjh2 7#c7 provides adequate assurance that the proposed project will be properly administered1 operated1 and maintained2 and 7#d7 otherwise meets the requirements of this chapter4 7d7 ,approval of grant applications ,on certification by a ,state member of the ,authority of an application for a grant or other assistance for a specific project under this section1 an affirmative vote of the ,authority under section #chjb7;c7 shall be required for approval of the application4 #chaj4 ,consent of ,states ,nothing in this chapter requires any ,state to engage in or accept any program under this chapter without the consent of the ,state4 #chaa4 ,records 7a7 ,records of the authority 7#a7 ,in general ,the ,authority shall maintain accurate and complete records of all transactions and activities of the ,authority4 7#b7 ,availability ,all records of the ,authority shall be available for audit and examination by the ,comptroller ,general of the ,united ,states and the ,inspector ,general of the ,department of ,agriculture 7including authorized representatives of the ,comptroller ,general and the ,inspector ,general of the ,department of ,agriculture74 7b7 ,records of recipients of ,federal assistance 7#a7 ,in general ,a recipient of ,federal funds under this chapter shall1 as required by the ,authority1 maintain accurate and complete records of transactions and activities financed with ,federal funds and report on the transactions and activities to the ,authority4 7#b7 ,availability ,all records required under paragraph 7#a7 shall be available for audit by the ,comptroller ,general of the ,united ,states1 the ,inspector ,general of the ,department of ,agriculture1 and the ,authority 7including authorized representatives of the ,comptroller ,general1 the ,inspector ,general of the ,department of ,agriculture1 and the ,authority74 #chab4 ,annual report ,not later than #ahj days after the end of each fiscal year1 the ,authority shall submit to the ,president and to ,congress a report describing the activities carried out under this chapter4 #chac4 ,authorization of appropriations 7a7 ,in general ,there is authorized to be appropriated to the ,authority to carry out this chapter #cj1jjj1jjj for each of fiscal years #bjad through #bjah1 to remain available until expended4 7b7 ,administrative expenses ,not more than #e percent of the amount appropriated under subsection 7a7 for a fiscal year shall be used for administrative expenses of the ,authority4 #chad4 ,termination of authority ,this chapter and the authority provided under this chapter expire on ,october #a1 #bjah4 #e ,northern ,great ,plains ,regional ,authority #chba4 ,definitions ,in this chapter3 7#a7 ,authority ,the term ,authority means the ,northern ,great ,plains ,regional ,authority established by section #chbb4 7#b7 ,federal grant program ,the term ,federal grant program means a ,federal grant program to provide assistance in-- 7,a7 implementing the recommendations of the ,northern ,great ,plains ,rural ,development ,commission established by the ,northern ,great ,plains ,rural ,development ,act 7#g ,u4,s4,c4 #bffa note2 ,public ,law #ajc-cah72 7,b7 acquiring or developing land2 7,c7 constructing or equipping a highway1 road1 bridge1 or facility2 7,d7 carrying out other economic development activities2 or 7,e7 conducting research activities related to the activities described in subparagraphs 7,a7 through 7,d74 7#c7 ,region ,the term region means the ,states of ,iowa1 ,minnesota1 ,missouri 7other than counties included in the ,delta ,regional ,authority71 ,nebraska1 ,north ,dakota1 and ,south ,dakota4 #chbb4 ,northern ,great ,plains ,regional ,authority 7a7 ,establishment 7#a7 ,in general ,there is established the ,northern ,great ,plains ,regional ,authority4 7#b7 ,composition ,the ,authority shall be composed of-- 7,a7 a ,federal member1 to be appointed by the ,president1 by and with the advice and consent of the ,senate2 7,b7 the ,governor 7or a designee of the ,governor7 of each ,state in the region that elects to participate in the ,authority2 and 7,c7 a member of an ,indian tribe1 who shall be a chairperson of an ,indian tribe in the region or a designee of such a chairperson1 to be appointed by the ,president1 by and with the advice and consent of the ,senate4 7#c7 ,cochairpersons ,the ,authority shall be headed by-- 7,a7 the ,federal member1 who shall serve as-- 7i7 the ,federal cochairperson2 and 7ii7 a liaison between the ,federal ,government and the ,authority2 7,b7 a ,state cochairperson1 who shall be-- 7i7 a ,governor of a participating ,state in the region2 and 7ii7 elected by the ,state members for a term of not less than #a year2 and 7,c7 the member of an ,indian tribe1 who shall serve as-- 7i7 the tribal cochairperson2 and 7ii7 a liaison between the governments of ,indian tribes in the region and the ,authority4 7#d7 ,failure to confirm 7,a7 ,federal member ,notwithstanding any other provision of this section1 if a ,federal member described in paragraph 7#b77;,a7 has not been confirmed by the ,senate by not later than #ahj days after the date of enactment of the ,agriculture ,reform1 ,food1 and ,jobs ,act of #bjac1 the ,authority may organize and operate without the ,federal member4 7,b7 ,tribal cochairperson ,in the case of the tribal cochairperson1 if no tribal cochairperson is confirmed by the ,senate1 the regional authority shall consult and coordinate with the leaders of ,indian tribes in the region concerning the activities of the ,authority1 as appropriate4 7b7 ,alternate members 7#a7 ,alternate ,federal cochairperson ,the ,president shall appoint an alternate ,federal cochairperson4 7#b7 ,state alternates 7,a7 ,in general ,the ,state member of a participating ,state may have a single alternate1 who shall be-- 7i7 a resident of that ,state2 and 7ii7 appointed by the ,governor of the ,state4 7,b7 ,quorum ,a ,state alternate member shall not be counted toward the establishment of a quorum of the members of the ,authority in any case in which a quorum of the ,state members is required to be present4 7#c7 ,alternate tribal cochairperson ,the ,president shall appoint an alternate tribal cochairperson1 by and with the advice and consent of the ,senate4 7#d7 ,delegation of power ,no power or responsibility of the ,authority specified in paragraphs 7#b7 and 7#c7 of subsection 7c71 and no voting right of any member of the ,authority1 shall be delegated to any person who is not-- 7,a7 a member of the ,authority2 or 7,b7 entitled to vote in ,authority meetings4 7c7 ,voting 7#a7 ,in general ,a decision by the ,authority shall require a majority vote of the ,authority 7not including any member representing a ,state that is delinquent under subsection 7g77#b77;,d77 to be effective4 7#b7 ,quorum ,a quorum of ,state members shall be required to be present for the ,authority to make any policy decision1 including-- 7,a7 a modification or revision of an ,authority policy decision2 7,b7 approval of a ,state or regional development plan2 and 7,c7 any allocation of funds among the ,states4 7#c7 ,project and grant proposals ,the approval of project and grant proposals shall be-- 7,a7 a responsibility of the ,authority2 and 7,b7 conducted in accordance with section #chcj4 7#d7 ,voting by alternate members ,an alternate member shall vote in the case of the absence1 death1 disability1 removal1 or resignation of the ,federal1 ,state1 or ,indian tribe member for whom the alternate member is an alternate4 7d7 ,duties ,the ,authority shall-- 7#a7 develop1 on a continuing basis1 comprehensive and coordinated plans and programs for multistate cooperation to advance the economic and social well-being of the region and to approve grants for the economic development of the region1 giving due consideration to other ,federal1 ,state1 tribal1 and local planning and development activities in the region2 7#b7 review1 and when appropriate amend1 priorities in a development plan for the region 7including #e-year regional outcome targets72 7#c7 assess the needs and assets of the region based on available research1 demonstrations1 investigations1 assessments1 and evaluations of the region prepared by ,federal1 ,state1 tribal1 and local agencies1 universities1 regional and local development districts or organizations1 and other nonprofit groups2 7#d7 formulate and recommend to the ,governors and legislatures of ,states that participate in the ,authority forms of interstate cooperation for-- 7,a7 renewable energy development and transmission2 7,b7 transportation planning and economic development2 7,c7 information technology2 7,d7 movement of freight and individuals within the region2 7,e7 federally funded research at institutions of higher education2 and 7,f7 conservation land management2 7#e7 work with ,state1 tribal1 and local agencies in developing appropriate model legislation2 7#f7 enhance the capacity of1 and provide support for1 multistate development and research organizations1 local development organizations and districts1 and resource conservation districts in the region2 7#g7 encourage private investment in industrial1 commercial1 renewable energy1 and other economic development projects in the region2 and 7#h7 cooperate with and assist ,state governments with economic development programs of participating ,states4 7e7 ,administration ,in carrying out subsection 7d71 the ,authority may-- 7#a7 hold such hearings1 sit and act at such times and places1 take such testimony1 receive such evidence1 and print or otherwise reproduce and distribute a description of the proceedings and reports on actions by the ,authority as the ,authority considers appropriate2 7#b7 authorize1 through the ,federal1 ,state1 or tribal cochairperson or any other member of the ,authority designated by the ,authority1 the administration of oaths if the ,authority determines that testimony should be taken or evidence received under oath2 7#c7 request from any ,federal1 ,state1 tribal1 or local agency such information as may be available to or procurable by the agency that may be of use to the ,authority in carrying out the duties of the ,authority2 7#d7 adopt1 amend1 and repeal bylaws and rules governing the conduct of business and the performance of duties of the ,authority2 7#e7 request the head of any ,federal agency to detail to the ,authority such personnel as the ,authority requires to carry out duties of the ,authority1 each such detail to be without loss of seniority1 pay1 or other employee status2 7#f7 request the head of any ,state agency1 tribal government1 or local government to detail to the ,authority such personnel as the ,authority requires to carry out duties of the ,authority1 each such detail to be without loss of seniority1 pay1 or other employee status2 7#g7 provide for coverage of ,authority employees in a suitable retirement and employee benefit system by-- 7,a7 making arrangements or entering into contracts with any participating ,state government or tribal government2 or 7,b7 otherwise providing retirement and other employee benefit coverage2 7#h7 accept1 use1 and dispose of gifts or donations of services or real1 personal1 tangible1 or intangible property2 7#i7 enter into and perform such contracts1 leases1 cooperative agreements1 or other transactions as are necessary to carry out ,authority duties1 including any contracts1 leases1 or cooperative agreements with-- 7,a7 any department1 agency1 or instrumentality of the ,united ,states2 7,b7 any ,state 7including a political subdivision1 agency1 or instrumentality of the ,state72 7,c7 any ,indian tribe in the region2 or 7,d7 any person1 firm1 association1 or corporation2 and 7#aj7 establish and maintain a central office and field offices at such locations as the ,authority may select4 7f7 ,federal agency cooperation ,a ,federal agency shall-- 7#a7 cooperate with the ,authority2 and 7#b7 provide1 on request of a cochairperson1 appropriate assistance in carrying out this chapter1 in accordance with applicable ,federal laws 7including regulations74 7g7 ,administrative expenses 7#a7 ,federal share ,the ,federal share of the administrative expenses of the ,authority shall be-- 7,a7 for each of fiscal years #bjab and #bjac1 #ajj percent2 7,b7 for fiscal year #bjad1 #ge percent2 and 7,c7 for fiscal year #bjae and each fiscal year thereafter1 #ej percent4 7#b7 ,non-,federal share 7,a7 ,in general ,the non-,federal share of the administrative expenses of the ,authority shall be paid by non-,federal sources in the ,states that participate in the ,authority4 7,b7 ,share paid by each ,state ,the share of administrative expenses of the ,authority to be paid by non-,federal sources in each ,state shall be determined by the ,authority4 7,c7 ,no ,federal participation ,the ,federal cochairperson shall not participate or vote in any decision under subparagraph 7,b74 7,d7 ,delinquent ,states ,if a ,state is delinquent in payment of the ,state's share of administrative expenses of the ,authority under this subsection-- 7i7 no assistance under this chapter shall be provided to the ,state 7including assistance to a political subdivision or a resident of the ,state72 and 7ii7 no member of the ,authority from the ,state shall participate or vote in any action by the ,authority4 7h7 ,compensation 7#a7 ,federal and tribal cochairpersons ,the ,federal cochairperson and the tribal cochairperson shall be compensated by the ,federal ,government at the annual rate of basic pay prescribed for level ,,iii of the ,executive ,schedule in subchapter ,,ii of chapter #ec of title #e1 ,united ,states ,code4 7#b7 ,alternate ,federal and tribal cochairpersons ,the alternate ,federal cochairperson and the alternate tribal cochairperson-- 7,a7 shall be compensated by the ,federal ,government at the annual rate of basic pay prescribed for level ,v of the ,executive ,schedule described in paragraph 7#a72 and 7,b7 when not actively serving as an alternate1 shall perform such functions and duties as are delegated by the ,federal cochairperson or the tribal cochairperson1 respectively4 7#c7 ,state members and alternates 7,a7 ,in general ,a ,state shall compensate each member and alternate representing the ,state on the ,authority at the rate established by ,state law4 7,b7 ,no additional compensation ,no ,state member or alternate member shall receive any salary1 or any contribution to or supplementation of salary from any source other than the ,state for services provided by the member or alternate member to the ,authority4 7#d7 ,detailed employees 7,a7 ,in general ,no person detailed to serve the ,authority under subsection 7e77#f7 shall receive any salary or any contribution to or supplementation of salary for services provided to the ,authority from-- 7i7 any source other than the ,state1 tribal1 local1 or intergovernmental agency from which the person was detailed2 or 7ii7 the ,authority4 7,b7 ,violation ,any person that violates this paragraph shall be fined not more than #e1jjj1 imprisoned not more than #a year1 or both4 7,c7 ,applicable law ,the ,federal cochairperson1 the alternate ,federal cochairperson1 and any ,federal officer or employee detailed to duty on the ,authority under subsection 7e77#e7 shall not be subject to subparagraph 7,a71 but shall remain subject to sections #bjb through #bji of title #ah1 ,united ,states ,code4 7#e7 ,additional personnel 7,a7 ,compensation 7i7 ,in general ,the ,authority may appoint and fix the compensation of an executive director and such other personnel as are necessary to enable the ,authority to carry out the duties of the ,authority4 7ii7 ,exception ,compensation under clause 7i7 shall not exceed the maximum rate for the ,senior ,executive ,service under section #echb of title #e1 ,united ,states ,code1 including any applicable locality-based comparability payment that may be authorized under section #ecjd7;h77#b77;,c7 of that title4 7,b7 ,executive director ,the executive director shall be responsible for-- 7i7 the carrying out of the administrative duties of the ,authority2 7ii7 direction of the ,authority staff2 and 7iii7 such other duties as the ,authority may assign4 7,c7 ,no ,federal employee status ,no member1 alternate1 officer1 or employee of the ,authority 7except the ,federal cochairperson of the ,authority1 the alternate and staff for the ,federal cochairperson1 and any ,federal employee detailed to the ,authority under subsection 7e77#e77 shall be considered to be a ,federal employee for any purpose4 7i7 ,conflicts of interest 7#a7 ,in general ,except as provided under paragraph 7#b71 no ,state member1 ,indian tribe member1 ,state alternate1 officer1 or employee of the ,authority shall participate personally and substantially as a member1 alternate1 officer1 or employee of the ,authority1 through decision1 approval1 disapproval1 recommendation1 the rendering of advice1 investigation1 or otherwise1 in any proceeding1 application1 request for a ruling or other determination1 contract1 claim1 controversy1 or other matter in which1 to knowledge of the member1 alternate1 officer1 or employee1 there is a financial interest of-- 7,a7 the member1 alternate1 officer1 or employee2 7,b7 the spouse1 minor child1 partner1 or organization 7other than a ,state or political subdivision of the ,state or the ,indian tribe7 of the member1 alternate1 officer1 or employee1 in which the member1 alternate1 officer1 or employee is serving as officer1 director1 trustee1 partner1 or employee2 or 7,c7 any person or organization with whom the member1 alternate1 officer1 or employee is negotiating or has any arrangement concerning prospective employment4 7#b7 ,disclosure ,paragraph 7#a7 shall not apply if the ,state member1 ,indian tribe member1 alternate1 officer1 or employee-- 7,a7 immediately advises the ,authority of the nature and circumstances of the proceeding1 application1 request for a ruling or other determination1 contract1 claim1 controversy1 or other particular matter presenting a potential conflict of interest2 7,b7 makes full disclosure of the financial interest2 and 7,c7 before the proceeding concerning the matter presenting the conflict of interest1 receives a written determination by the ,authority that the interest is not so substantial as to be likely to affect the integrity of the services that the ,authority may expect from the ,state member1 ,indian tribe member1 alternate1 officer1 or employee4 7#c7 ,violation ,any person that violates this subsection shall be fined not more than #aj1jjj1 imprisoned not more than #b years1 or both4 7j7 ,validity of contracts1 loans1 and grants ,the ,authority may declare void any contract1 loan1 or grant of or by the ,authority in relation to which the ,authority determines that there has been a violation of any provision under subsection 7h77#d7 or subsection 7i7 of this chapter1 or sections #bjb through #bji of title #ah1 ,united ,states ,code4 #chbc4 ,interstate cooperation for economic opportunity and efficiency 7a7 ,in general ,the ,authority shall provide assistance to ,states in developing regional plans to address multistate economic issues1 including plans-- 7#a7 to develop a regional transmission system for movement of renewable energy to markets outside the region2 7#b7 to address regional transportation concerns1 including the establishment of a ,northern ,great ,plains ,regional ,transportation ,working ,group2 7#c7 to encourage and support interstate collaboration on federally funded research that is in the national interest2 and 7#d7 to establish a ,regional ,working ,group on ,agriculture ,development and ,transportation4 7b7 ,economic issues ,the multistate economic issues referred to in subsection 7a7 shall include-- 7#a7 renewable energy development and transmission2 7#b7 transportation planning and economic development2 7#c7 information technology2 7#d7 movement of freight and individuals within the region2 7#e7 federally funded research at institutions of higher education2 and 7#f7 conservation land management4 #chbd4 ,economic and community development grants 7a7 ,in general ,the ,authority may approve grants to ,states1 ,indian tribes1 local governments1 and public and nonprofit organizations for projects1 approved in accordance with section #chcj-- 7#a7 to assist the region in obtaining the job training1 employment-related education1 and business development 7with an emphasis on entrepreneurship7 that are needed to build and maintain strong local economies2 7#b7 to develop the transportation1 renewable energy transmission1 and telecommunication infrastructure of the region for the purpose of facilitating economic development in the region 7except that grants for this purpose may be made only to ,states1 ,indian tribes1 local governments1 and nonprofit organizations72 7#c7 to provide assistance to severely distressed and underdeveloped areas that lack financial resources for improving basic public services2 7#d7 to provide assistance to severely distressed and underdeveloped areas that lack financial resources for equipping industrial parks and related facilities2 and 7#e7 to otherwise achieve the purposes of this chapter4 7b7 ,funding 7#a7 ,in general ,funds for grants under subsection 7a7 may be provided-- 7,a7 entirely from appropriations to carry out this section2 7,b7 in combination with funds available under another ,federal grant program2 or 7,c7 from any other source4 7#b7 ,priority of funding ,to best build the foundations for long-term economic development and to complement other ,federal1 ,state1 and tribal resources in the region1 ,federal funds available under this chapter shall be focused on the following activities3 7,a7 ,basic public infrastructure in distressed counties and isolated areas of distress4 7,b7 ,transportation and telecommunication infrastructure for the purpose of facilitating economic development in the region4 7,c7 ,business development1 with emphasis on entrepreneurship4 7,d7 ,job training or employment-related education1 with emphasis on use of existing public educational institutions located in the region4 #chbe4 ,supplements to ,federal grant programs 7a7 ,finding ,congress finds that certain ,states and local communities of the region may be unable to take maximum advantage of ,federal grant programs for which the ,states and communities are eligible because-- 7#a7 the ,states and communities lack the economic resources to provide the required matching share2 or 7#b7 there are insufficient funds available under the applicable ,federal law authorizing the ,federal grant program to meet pressing needs of the region4 7b7 ,federal grant program funding ,notwithstanding any provision of law limiting the ,federal share1 the areas eligible for assistance1 or the authorizations of appropriations1 under any ,federal grant program1 and in accordance with subsection 7c71 the ,authority1 with the approval of the ,federal cochairperson and with respect to a project to be carried out in the region-- 7#a7 may increase the ,federal share of the costs of a project under any ,federal grant program to not more than #ij percent 7except as provided in section #chbg7;b772 and 7#b7 shall use amounts made available to carry out this chapter to pay the increased ,federal share4 7c7 ,certifications 7#a7 ,in general ,in the case of any project for which all or any portion of the basic ,federal share of the costs of the project is proposed to be paid under this section1 no ,federal contribution shall be made until the ,federal official administering the ,federal law that authorizes the ,federal grant program certifies that the project-- 7,a7 meets 7except as provided in subsection 7b77 the applicable requirements of the applicable ,federal grant program2 and 7,b7 could be approved for ,federal contribution under the ,federal grant program if funds were available under the law for the project4 7#b7 ,certification by authority 7,a7 ,in general ,the certifications and determinations required to be made by the ,authority for approval of projects under this ,act in accordance with section #chcj shall be-- 7i7 controlling2 and 7ii7 accepted by the ,federal agencies4 7,b7 ,acceptance by ,federal cochairperson ,in the case of any project described in paragraph 7#a71 any finding1 report1 certification1 or documentation required to be submitted with respect to the project to the head of the department1 agency1 or instrumentality of the ,federal ,government responsible for the administration of the ,federal grant program under which the project is carried out shall be accepted by the ,federal cochairperson4 #chbf4 ,multistate and local development districts and organizations and ,northern ,great ,plains ,inc 7a7 ,definition of multistate and local development district or organization ,in this section1 the term multistate and local development district or organization means an entity-- 7#a7 that-- 7,a7 is a planning district that is recognized by the ,economic ,development ,administration of the ,department of ,commerce2 or 7,b7 is-- 7i7 organized and operated in a manner that ensures broad-based community participation and an effective opportunity for other nonprofit groups to contribute to the development and implementation of programs in the region2 7ii7 a nonprofit incorporated body organized or chartered under the law of the ,state in which the entity is located2 7iii7 a nonprofit agency or instrumentality of a ,state or local government2 7iv7 a public organization established before the date of enactment of the ,agriculture ,reform1 ,food1 and ,jobs ,act of #bjac under ,state law for creation of multijurisdictional1 area-wide planning organizations2 7v7 a nonprofit agency or instrumentality of a ,state that was established for the purpose of assisting with multistate cooperation2 or 7vi7 a nonprofit association or combination of bodies1 agencies1 and instrumentalities described in clauses 7ii7 through 7v72 and 7#b7 that has not1 as certified by the ,authority 7in consultation with the ,federal cochairperson or ,secretary1 as appropriate7-- 7,a7 inappropriately used ,federal grant funds from any ,federal source2 or 7,b7 appointed an officer who1 during the period in which another entity inappropriately used ,federal grant funds from any ,federal source1 was an officer of the other entity4 7b7 ,grants to multistate1 local1 or regional development districts and organizations 7#a7 ,in general ,the ,authority may make grants for administrative expenses under this section to multistate1 local1 and regional development districts and organizations4 7#b7 ,conditions for grants 7,a7 ,maximum amount ,the amount of any grant awarded under paragraph 7#a7 shall not exceed #hj percent of the administrative expenses of the multistate1 local1 or regional development district or organization receiving the grant4 7,b7 ,maximum period ,no grant described in paragraph 7#a7 shall be awarded for a period of greater than #c years4 7#c7 ,local share ,the contributions of a multistate1 local1 or regional development district or organization for administrative expenses may be in cash or in kind1 fairly evaluated1 including space1 equipment1 and services4 7c7 ,duties 7#a7 ,in general ,except as provided in paragraph 7#b71 a local development district shall operate as a lead organization serving multicounty areas in the region at the local level4 7#b7 ,designation ,the ,federal cochairperson may designate an ,indian tribe or multijurisdictional organization to serve as a lead organization in such cases as the ,federal cochairperson or ,secretary1 as appropriate1 determines appropriate4 7d7 ,northern ,great ,plains ,inc ,northern ,great ,plains ,inc41 a nonprofit corporation incorporated in the ,state of ,minnesota to implement the recommendations of the ,northern ,great ,plains ,rural ,development ,commission established by the ,northern ,great ,plains ,rural ,development ,act 7#g ,u4,s4,c4 #bffa note2 ,public ,law #ajc-cah7-- 7#a7 shall serve as an independent1 primary resource for the ,authority on issues of concern to the region2 7#b7 shall advise the ,authority on development of international trade2 7#c7 may provide research1 education1 training1 and other support to the ,authority2 and 7#d7 may carry out other activities on its own behalf or on behalf of other entities4 #chbg4 ,distressed counties and areas and nondistressed counties 7a7 ,designations ,each year1 the ,authority1 in accordance with such criteria as the ,authority may establish1 shall designate-- 7#a7 as distressed counties1 counties in the region that are the most severely and persistently distressed and underdeveloped and have high rates of poverty1 unemployment1 or outmigration2 7#b7 as nondistressed counties1 counties in the region that are not designated as distressed counties under paragraph 7#a72 and 7#c7 as isolated areas of distress1 areas located in nondistressed counties 7as designated under paragraph 7#b77 that have high rates of poverty1 unemployment1 or outmigration4 7b7 ,distressed counties 7#a7 ,in general ,the ,authority shall allocate at least #ej percent of the appropriations made available under section #chcd for programs and projects designed to serve the needs of distressed counties and isolated areas of distress in the region4 7#b7 ,funding limitations ,the funding limitations under section #chbe7;b7 shall not apply to a project to provide transportation or telecommunication or basic public services to residents of #a or more distressed counties or isolated areas of distress in the region4 7c7 ,transportation1 telecommunication1 renewable energy1 and basic public infrastructure ,the ,authority shall allocate at least #ej percent of any funds made available under section #chcd for transportation1 telecommunication1 renewable energy1 and basic public infrastructure projects authorized under paragraphs 7#a7 and 7#c7 of section #chbd7;a74 #chbh4 ,development planning process 7a7 ,state development plan ,in accordance with policies established by the ,authority1 each ,state member shall submit a development plan for the area of the region represented by the ,state member4 7b7 ,content of plan ,a ,state development plan submitted under subsection 7a7 shall reflect the goals1 objectives1 and priorities identified in the regional development plan developed under section #chbc7;d77#b74 7c7 ,consultation with interested local parties ,in carrying out the development planning process 7including the selection of programs and projects for assistance71 a ,state may-- 7#a7 consult with-- 7,a7 multistate1 regional1 and local development districts and organizations2 and 7,b7 local units of government2 and 7#b7 take into consideration the goals1 objectives1 priorities1 and recommendations of the entities described in paragraph 7#a74 7d7 ,public participation 7#a7 ,in general ,the ,authority and applicable multistate1 regional1 and local development districts and organizations shall encourage and assist1 to the maximum extent practicable1 public participation in the development1 revision1 and implementation of all plans and programs under this chapter4 7#b7 ,regulations ,the ,authority shall develop guidelines for providing public participation described in paragraph 7#a71 including public hearings4 #chbi4 ,program development criteria 7a7 ,in general ,in considering programs and projects to be provided assistance under this chapter1 and in establishing a priority ranking of the requests for assistance provided to the ,authority1 the ,authority shall follow procedures that ensure1 to the maximum extent practicable1 consideration of-- 7#a7 the relationship of the project or class of projects to overall multistate or regional development2 7#b7 the per capita income and poverty and unemployment and outmigration rates in an area2 7#c7 the financial resources available to the applicants for assistance seeking to carry out the project1 with emphasis on ensuring that projects are adequately financed to maximize the probability of successful economic development2 7#d7 the importance of the project or class of projects in relation to other projects or classes of projects that may be in competition for the same funds2 7#e7 the prospects that the project for which assistance is sought will improve1 on a continuing rather than a temporary basis1 the opportunities for employment1 the average level of income1 or the economic development of the area to be served by the project2 and 7#f7 the extent to which the project design provides for detailed outcome measurements by which grant expenditures and the results of the expenditures may be evaluated4 7b7 ,no relocation assistance 7#a7 ,in general ,except as provided in paragraph 7#b71 no financial assistance authorized by this chapter shall be used to assist a person or entity in relocating from #a area to another4 7#b7 ,outside businesses ,financial assistance under this chapter may be used as otherwise authorized by this title to attract businesses from outside the region to the region4 7c7 ,maintenance of effort ,funds may be provided for a program or project in a ,state under this chapter only if the ,authority determines that the level of ,federal or ,state financial assistance provided under a law other than this chapter1 for the same type of program or project in the same area of the ,state within the region1 will not be reduced as a result of funds made available by this chapter4 #chcj4 ,approval of development plans and projects 7a7 ,in general ,a ,state or regional development plan or any multistate subregional plan that is proposed for development under this chapter shall be reviewed by the ,authority4 7b7 ,evaluation by ,state member ,an application for a grant or any other assistance for a project under this chapter shall be made through and evaluated for approval by the ,state member of the ,authority representing the applicant4 7c7 ,certification ,an application for a grant or other assistance for a project shall be approved only on certification by the ,state member that the application for the project-- 7#a7 describes ways in which the project complies with any applicable ,state development plan2 7#b7 meets applicable criteria under section #chbi2 7#c7 provides adequate assurance that the proposed project will be properly administered1 operated1 and maintained2 and 7#d7 otherwise meets the requirements of this chapter4 7d7 ,votes for decisions ,on certification by a ,state member of the ,authority of an application for a grant or other assistance for a specific project under this section1 an affirmative vote of the ,authority under section #chbb7;c7 shall be required for approval of the application4 #chca4 ,consent of ,states ,nothing in this chapter requires any ,state to engage in or accept any program under this chapter without the consent of the ,state4 #chcb4 ,records 7a7 ,records of the authority 7#a7 ,in general ,the ,authority shall maintain accurate and complete records of all transactions and activities of the ,authority4 7#b7 ,availability ,all records of the ,authority shall be available for audit and examination by the ,comptroller ,general of the ,united ,states and the ,inspector ,general of the ,department of ,agriculture 7including authorized representatives of the ,comptroller ,general and the ,inspector ,general of the ,department of ,agriculture74 7b7 ,records of recipients of ,federal assistance 7#a7 ,in general ,a recipient of ,federal funds under this chapter shall1 as required by the ,authority1 maintain accurate and complete records of transactions and activities financed with ,federal funds and report to the ,authority on the transactions and activities to the ,authority4 7#b7 ,availability ,all records required under paragraph 7#a7 shall be available for audit by the ,comptroller ,general of the ,united ,states1 the ,inspector ,general of the ,department of ,agriculture1 and the ,authority 7including authorized representatives of the ,comptroller ,general1 the ,inspector ,general of the ,department of ,agriculture1 and the ,authority74 7c7 ,annual audit ,the ,inspector ,general of the ,department of ,agriculture shall audit the activities1 transactions1 and records of the ,authority on an annual basis4 #chcc4 ,annual report ,not later than #ahj days after the end of each fiscal year1 the ,authority shall submit to the ,president and to ,congress a report describing the activities carried out under this chapter4 #chcd4 ,authorization of appropriations 7a7 ,in general ,there is authorized to be appropriated to the ,authority to carry out this chapter #cj1jjj1jjj for each of fiscal years #bjad through #bjah1 to remain available until expended4 7b7 ,administrative expenses ,not more than #e percent of the amount appropriated under subsection 7a7 for a fiscal year shall be used for administrative expenses of the ,authority4 7c7 ,minimum ,state share of grants ,notwithstanding any other provision of this chapter1 for any fiscal year1 the aggregate amount of grants received by a ,state and all persons or entities in the ,state under this chapter shall be not less than #a_/c of the product obtained by multiplying-- 7#a7 the aggregate amount of grants under this chapter for the fiscal year2 and 7#b7 the ratio that-- 7,a7 the population of the ,state 7as determined by the ,secretary of ,commerce based on the most recent decennial census for which data are available72 bears to 7,b7 the population of the region 7as so determined74 #chce4 ,termination of authority ,the authority provided by this chapter terminates effective ,october #a1 #bjah4 ,c ,general provisions #cija4 ,full faith and credit 7a7 ,in general ,a contract of insurance or guarantee executed by the ,secretary under this title shall be an obligation supported by the full faith and credit of the ,united ,states4 7b7 ,contestability ,a contract of insurance or guarantee executed by the ,secretary under this title shall be incontestable except for fraud or misrepresentation that the lender or any holder-- 7#a7 has actual knowledge of at the time the contract of insurance or guarantee is executed2 or 7#b7 participates in or condones4 #cijb4 ,purchase and sale of guaranteed portions of loans 7a7 ,in general ,subject to subsections 7b7 and 7c71 the ,secretary may purchase1 on such terms and conditions as the ,secretary considers appropriate1 the guaranteed portion of a loan guaranteed under this title1 if the ,secretary determines that an adequate secondary market is not available in the private sector4 7b7 ,maximum payment ,the ,secretary may not pay for any guaranteed portion of a loan under subsection 7a7 in excess of an amount equal to the unpaid principal balance and accrued interest on the guaranteed portion of the loan4 7c7 ,sources of funding ,the ,secretary may use for the purchases-- 7#a7 funds from the ,rural ,development ,insurance ,fund with respect to rural development loans 7as defined in section #cgjd7;a772 and 7#b7 funds from the ,agricultural ,credit ,insurance ,fund with respect to all other loans under this title4 7d7 ,sale of guaranteed loans 7#a7 ,sales 7,a7 ,regulation 7i7 ,in general ,the guaranteed portion of any loan made under this title may be sold by the lender1 and by any subsequent holder1 in accordance with such regulations governing the sales as the ,secretary shall establish1 subject to clauses 7ii7 and 7iii74 7ii7 ,fees to be paid in full ,all fees due the ,secretary with respect to a guaranteed loan shall be paid in full before any sale4 7iii7 ,loan to be fully disbursed ,the loan shall be fully disbursed to the borrower before the sale4 7,b7 ,post-sale ,after a loan is sold in the secondary market1 the lender shall-- 7i7 remain obligated under the guarantee agreement of the lender with the ,secretary2 and 7ii7 continue to service the loan in accordance with the terms and conditions of that agreement4 7,c7 ,procedures ,the ,secretary shall develop such procedures as are necessary for-- 7i7 the facilitation1 administration1 and promotion of secondary market operations2 and 7ii7 determining the increase of access of farmers to capital at reasonable rates and terms as a result of secondary market operations4 7,d7 ,rights to prepay ,this subsection does not impede or extinguish-- 7i7 the right of the borrower or the successor in interest to the borrower to prepay 7in whole or in part7 any loan made under this title2 or 7ii7 the rights of any party under any provision of this title4 7#b7 ,issue pool certificates 7,a7 ,in general ,the ,secretary may1 directly or through a market maker approved by the ,secretary1 issue pool certificates representing ownership of part or all of the guaranteed portion of any loan guaranteed by the ,secretary under this title4 7,b7 ,approval ,certificates under subparagraph 7,a7 shall be based on and backed by a pool established or approved by the ,secretary and composed solely of the entire guaranteed portion of the loans4 7,c7 ,guarantee of pool ,on such terms and conditions as the ,secretary considers appropriate1 the ,secretary may guarantee the timely payment of the principal and interest on pool certificates issued on behalf of the ,secretary by approved market makers for purposes of this subsection4 7,d7 ,limitations ,a guarantee under subparagraph 7,c7 shall be limited to the extent of principal and interest on the guaranteed portions of loans that compose the pool4 7,e7 ,prepayment ,if a loan in a pool is prepaid1 either voluntarily or by reason of default1 the guarantee of timely payment of principal and interest on the pool certificates shall be reduced in proportion to the amount of principal and interest that the prepaid loan represents in the pool4 7,f7 ,interest accrual ,interest on prepaid or defaulted loans shall accrue and be guaranteed by the ,secretary only through the date of payment on the guarantee4 7,g7 ,redemption ,during the term of the pool certificate1 the certificate may be called for redemption due to prepayment or default of all loans constituting the pool4 7,h7 ,full faith and credit ,the full faith and credit of the ,united ,states is pledged to the payment of all amounts that may be required to be paid under any guarantee of the pool certificates issued by approved market makers under this subsection4 7,i7 ,fees 7i7 ,in general ,the ,secretary shall not collect any fee for any guarantee under this subsection4 7ii7 ,secretarial functions ,clause 7i7 does not preclude the ,secretary from collecting a fee for the functions described in paragraph 7#c74 7,j7 ,default ,not later than #cj days after a borrower of a guaranteed loan is in default of any principal or interest payment due for #fj days or more1 the ,secretary shall-- 7i7 purchase the pool certificates representing ownership of the guaranteed portion of the loan2 and 7ii7 pay the registered holder of the certificates an amount equal to the guaranteed portion of the loan represented by the certificate4 7,k7 ,payment of claims ,if the ,secretary pays a claim under a guarantee issued under this subsection1 the claim shall be subrogated fully to the rights satisfied by the payment1 as may be provided by the ,secretary4 7,l7 ,application of laws ,no ,state or local law1 and no ,federal law1 shall preclude or limit the exercise by the ,secretary of the ownership rights of the ,secretary in the portions of loans constituting the pool against which the certificates are issued4 7#c7 ,duties of the ,secretary 7,a7 ,in general ,on the adoption of final rules and regulations1 the ,secretary shall-- 7i7 provide for the central collection of registration information from all participating market makers for all loans and pool certificates sold under paragraphs 7#a7 and 7#b71 including1 with respect to each original sale and any subsequent sale-- 7,i7 identification of the interest rate paid by the borrower to the lender2 7,,ii7 the servicing fee of the lender2 7,,iii7 disclosure of whether interest on the loan is at a fixed or variable rate2 7,,iv7 identification of each purchaser of a pool certificate2 7,v7 the interest rate paid on the certificate2 and 7,,vi7 such other information as the ,secretary considers appropriate4 7ii7 before any sale1 require the seller 7as defined in subparagraph 7,b77 to disclose to each prospective purchaser of the portion of a loan guaranteed under this title and to each prospective purchaser of a pool certificate issued under paragraph 7#b7 information on the terms1 conditions1 and yield of such instrument2 7iii7 provide for adequate custody of any pooled guaranteed loans2 7iv7 take such actions as are necessary1 in restructuring pools of the guaranteed portion of loans1 to minimize the estimated costs of paying claims under guarantees issued under this subsection2 7v7 require each market maker-- 7,i7 to service all pools formed1 and participations sold1 by the market maker2 and 7,,ii7 to provide the ,secretary with information relating to the collection and disbursement of all periodic payments1 prepayments1 and default funds from lenders1 to or from the reserve fund that the ,secretary shall establish to enable the timely payment guarantee to be self-funding1 and from all beneficial holders2 and 7vi7 regulate market makers in pool certificates sold under this subsection4 7,b7 ,definition of seller ,for purposes of subparagraph 7,a77ii71 if the instrument being sold is a loan1 the term seller does not include-- 7i7 the person who made the loan2 or 7ii7 any person who sells #c or fewer guaranteed loans per year4 7#d7 ,contract for services ,the ,secretary may contract for goods and services to be used for the purposes of this subsection without regard to titles #e1 #dj1 and #da1 ,united ,states ,code 7including any regulations issued under those titles74 #cijc4 ,administration 7a7 ,powers of secretary ,the ,secretary may-- 7#a7 7,a7 administer the powers and duties of the ,secretary through such national1 area1 ,state1 or local offices and employees in the ,united ,states as the ,secretary determines to be necessary2 and 7,b7 authorize an office to serve an area composed of #b or more ,states if the ,secretary determines that the volume of business in the area is not sufficient to justify separate ,state offices2 7#b7 7,a7 accept and use voluntary and uncompensated services2 and 7,b7 with the consent of the agency concerned1 use the officers1 employees1 equipment1 and information of any agency of the ,federal ,government1 or of any ,state1 territory1 or political subdivision2 7#c7 subject to appropriations1 make necessary expenditures for the purchase or hire of passenger vehicles1 and such other facilities and services as the ,secretary may from time to time find necessary for the proper administration of this title2 7#d7 subject to subsection 7b71 compromise1 adjust1 reduce1 or charge-off debts or claims 7including debts and claims arising from loan guarantees71 and adjust1 modify1 subordinate1 or release the terms of security instruments1 leases1 contracts1 and agreements entered into or administered by the ,farm ,service ,agency1 the ,rural ,utilities ,service1 the ,rural ,housing ,service1 the ,rural ,business-,cooperative ,service1 or successor agencies under this title1 except for activities conducted under the ,housing ,act of #aidi 7#db ,u4,s4,c4 #adda et seq472 7#e7 release mortgage and other contract liens if it appears that the mortgage and liens have no present or prospective value or that the enforcement of the mortgage and liens likely would be ineffectual or uneconomical2 7#f7 obtain fidelity bonds protecting the ,federal ,government against fraud and dishonesty of officers and employees of the ,farm ,service ,agency1 the ,rural ,utilities ,service1 the ,rural ,housing ,service1 or the ,rural ,business-,cooperative ,service in lieu of faithful performance of duties bonds under section #ad of title #f1 ,united ,states ,code1 but otherwise in accordance with the section2 7#g7 consent to-- 7,a7 long-term leases of facilities financed under this title notwithstanding the failure of the lessee to meet any of the requirements of this title if the long-term leases are necessary to ensure the continuation of services for which financing was extended to the lessor2 and 7,b7 the transfer of property securing any loan or financed by any loan or grant made or guaranteed by the ,farm ,service ,agency1 the ,rural ,utilities ,service1 the ,rural ,housing ,service1 or the ,rural ,business-,cooperative ,service under this title1 or any other law administered by the ,secretary1 on such terms as the ,secretary considers necessary to carry out the purpose of the loan or grant or to protect the financial interest of the ,federal ,government1 provided that the ,secretary shall document the consent of the ,secretary for the transfer of the property of a borrower in the file of the borrower2 and 7#h7 notwithstanding that an area ceases1 or has ceased1 to be rural1 in a rural area1 or an eligible area1 make loans and grants1 and approve transfers and assumptions1 under this title on the same basis as though the area still was rural in connection with property securing any loan made or guaranteed by the ,secretary under this title or in connection with any property held by the ,secretary under this title4 7b7 ,loan adjustments 7#a7 ,no liquidation of property ,the ,secretary may not require liquidation of property securing any farmer program loan or acceleration of any payment required under any farmer program loan as a prerequisite to initiating an action authorized under subsection 7a74 7#b7 ,release of personal liability 7,a7 ,in general ,except as provided in subparagraph 7,b71 the ,secretary may release a borrower or other person obligated on a debt 7other than debt incurred under the ,housing ,act of #aidi 7#db ,u4,s4,c4 #adda et seq477 from personal liability with or without payment of any consideration at the time of the compromise1 adjustment1 reduction1 or charge-off of any claim4 7,b7 ,exception ,no compromise1 adjustment1 reduction1 or charge-off of any claim may be made or carried out after the claim has been referred to the ,attorney ,general1 unless the ,attorney ,general approves4 7#c7 ,rural electrification security instruments ,in the case of a security instrument entered into under the ,rural ,electrification ,act of #aicf 7#g ,u4,s4,c4 #ija et seq471 the ,secretary shall notify the ,attorney ,general of the intent of the ,secretary to exercise the authority of the ,secretary under paragraph 7#b74 7c7 ,simplified application forms for loan guarantees 7#a7 ,in general ,the ,secretary shall provide to lenders a short1 simplified application form for guarantees under this title of-- 7,a7 farmer program loans the principal amount of which is #abe1jjj or less2 and 7,b7 business and industry guaranteed loans under section #cfja7;a77#b77;,a7 the principal amount of which is-- 7i7 in the case of a loan guarantee made during fiscal year #bjjb or #bjjc1 #djj1jjj or less2 and 7ii7 in the case of a loan guarantee made during any subsequent fiscal year-- 7,i7 #djj1jjj or less2 or 7,,ii7 if the ,secretary determines that there is not a significant increased risk of a default on the loan1 #fjj1jjj or less4 7#b7 ,water and waste disposal grants and loans ,the ,secretary shall develop an application process that accelerates1 to the maximum extent practicable1 the processing of applications for water and waste disposal grants or direct or guaranteed loans under section #ceja7;a77#a7 the grant award amount or principal loan amount1 respectively1 of which is #cjj1jjj or less4 7#c7 ,administration ,in developing an application under this subsection1 the ,secretary shall-- 7,a7 consult with commercial and cooperative lenders2 and 7,b7 ensure that-- 7i7 the form can be completed manually or electronically1 at the option of the lender2 7ii7 the form minimizes the documentation required to accompany the form2 7iii7 the cost of completing and processing the form is minimal2 and 7iv7 the form can be completed and processed in an expeditious manner4 7d7 ,use of attorneys for prosecution or defense of claims ,the ,secretary may use for the prosecution or defense of any claim or obligation described in subsection 7a77#e7 the ,attorney ,general1 the ,general ,counsel of the ,department1 or a private attorney who has entered into a contract with the ,secretary4 7e7 ,private collection agency ,the ,secretary may use a private collection agency to collect a claim or obligation described in subsection 7a77#e74 7f7 ,security servicing 7#a7 ,in general ,the ,secretary may-- 7,a7 make advances1 without regard to any loan or total indebtedness limitation1 to preserve and protect the security for1 or the lien or priority of the lien securing any loan or other indebtedness owing to or acquired by the ,secretary under this title or under any other program administered by the ,farm ,service ,agency1 the ,rural ,utilities ,service1 the ,rural ,housing ,service1 or the ,rural ,business-,cooperative ,service applicable program1 as determined by the ,secretary2 and 7,b7 7i7 bid for and purchase at any execution1 foreclosure1 or other sale or otherwise acquire property on which the ,united ,states has a lien by reason of a judgment or execution arising from1 or that is pledged1 mortgaged1 conveyed1 attached1 or levied on to secure the payment of1 the indebtedness regardless of whether the property is subject to other liens2 7ii7 accept title to any property so purchased or acquired2 and 7iii7 sell1 manage1 or otherwise dispose of the property in accordance with this subsection4 7#b7 ,operation or lease of realty ,except as provided in subsections 7c7 and 7e71 real property administered under this title may be operated or leased by the ,secretary for such period as the ,secretary may consider necessary to protect the investment of the ,federal ,government in the property4 7g7 ,payments to lenders 7#a7 ,requirement ,not later than #ij days after a court of competent jurisdiction confirms a plan of reorganization under chapter #ab of title #aa1 ,united ,states ,code1 for any borrower to whom a lender has made a loan guaranteed under this title1 the ,secretary shall pay the lender an amount estimated by the ,secretary to be equal to the loss incurred by the lender for purposes of the guarantee4 7#b7 ,payment toward loan guarantee ,any amount paid to a lender under this subsection with respect to a loan guaranteed under this title shall be treated as payment towards satisfaction of the loan guarantee4 #cijd4 ,loan moratorium and policy on foreclosures 7a7 ,in general ,in addition to any other authority that the ,secretary may have to defer principal and interest and forgo foreclosure1 the ,secretary may permit1 at the request of the borrower1 the deferral of principal and interest on any outstanding loan made or guaranteed by the ,secretary under this title1 or under any other law administered by the ,farm ,service ,agency1 the ,rural ,utilities ,service1 the ,rural ,housing ,service1 or the ,rural ,business-,cooperative ,service1 and may forgo foreclosure of the loan1 for such period as the ,secretary considers necessary on a showing by the borrower that1 due to circumstances beyond the control of the borrower1 the borrower is temporarily unable to continue making payments of the principal and interest when due without unduly impairing the standard of living of the borrower4 7b7 ,interest 7#a7 ,in general ,except as provided in paragraph 7#b71 the ,secretary may permit any loan deferred under this section to bear no interest during or after the deferral period4 7#b7 ,exception ,if the security instrument securing the loan is foreclosed1 such interest as is included in the purchase price at the foreclosure shall become part of the principal and draw interest from the date of foreclosure at the rate prescribed by law4 7c7 ,moratorium regarding civil rights claims 7#a7 ,in general ,except as otherwise provided in this subsection1 effective beginning on ,may #bb1 #bjjh1 there shall be in effect a moratorium1 with respect to farmer program loans made under subtitle ,a1 on all acceleration and foreclosure proceedings instituted by the ,department against any farmer who-- 7,a7 has pending against the ,department a claim of program discrimination that is accepted by the ,department as valid2 or 7,b7 files a claim of program discrimination that is accepted by the ,department as valid4 7#b7 ,waiver of interest and offsets ,during the period of the moratorium1 the ,secretary shall waive the accrual of interest and offsets on all farmer program loans made under subtitle ,a1 ,b1 or ,c for which loan acceleration or foreclosure proceedings have been suspended under paragraph 7#a74 7#c7 ,termination of moratorium ,the moratorium shall terminate with respect to a claim of discrimination by a farmer on the earlier of-- 7,a7 the date the ,secretary resolves the claim2 or 7,b7 if the farmer appeals the decision of the ,secretary on the claim to a court of competent jurisdiction1 the date that the court renders a final decision on the claim4 7#d7 ,failure to prevail ,if a farmer does not prevail on a claim of discrimination described in paragraph 7#a71 the farmer shall be liable for any interest and offsets that accrued during the period that loan acceleration or foreclosure proceedings have been suspended under paragraph 7#a74 #cije4 ,oil and gas royalty payments on loans 7a7 ,in general ,the ,secretary shall permit a borrower of a loan made or guaranteed under this title to make a prospective payment on the loan with proceeds from-- 7#a7 the leasing of oil1 gas1 or other mineral rights to real property used to secure the loan2 or 7#b7 the sale of oil1 gas1 or other minerals removed from real property used to secure the loan1 if the value of the rights to the oil1 gas1 or other minerals has not been used to secure the loan4 7b7 ,applicability ,subsection 7a7 shall not apply to a borrower of a loan made or guaranteed under this title with respect to which a liquidation or foreclosure proceeding was pending on ,december #bc1 #aihe4 #cijf4 ,taxation 7a7 ,in general ,except as provided in subsection 7b71 all property subject to a lien held by the ,united ,states or the title to which is acquired or held by the ,secretary under this title 7other than property used for administrative purposes7 shall be subject to taxation by ,state1 territory1 district1 and local political subdivisions in the same manner and to the same extent as other property is taxed4 7b7 ,exceptions ,no tax shall be imposed or collected as described in subsection 7a7 if the tax 7whether as a tax on the instrument or in connection with conveying1 transferring1 or recording the instrument7 is based on-- 7#a7 the value of any notes or mortgages or other lien instruments held by or transferred to the ,secretary2 7#b7 any notes or lien instruments administered under this title that are made1 assigned1 or held by a person otherwise liable for the tax2 or 7#c7 the value of any property conveyed or transferred to the ,secretary4 7c7 ,failure ,to pay or collect tax ,the failure to pay or collect a tax under subsection 7a7 shall not-- 7#a7 be a ground for-- 7,a7 refusal to record or file an instrument2 or 7,b7 failure to provide notice2 or 7#b7 prevent the enforcement of the instrument in any ,federal or ,state court4 #cijg4 ,conflicts of interest 7a7 ,acceptance of consideration prohibited ,no officer1 attorney1 or other employee of the ,department shall1 directly or indirectly1 be the beneficiary of or receive any fee1 commission1 gift1 or other consideration for or in connection with any transaction or business under this title other than such salary1 fee1 or other compensation as the officer1 attorney1 or employee may receive as the officer1 attorney1 or employee4 7b7 ,acquisition of interest in land prohibited 7#a7 ,in general ,except as provided in paragraph 7#b71 no officer or employee of the ,department who acts on or reviews an application made by any person under this title for a loan to purchase land may acquire1 directly or indirectly1 any interest in the land for a period of #c years after the date on which the action is taken or the review is made4 7#b7 ,former county committee members ,paragraph 7#a7 shall not apply to a former member of a county committee on a determination by the ,secretary1 prior to the acquisition of the interest1 that the former member acted in good faith when acting on or reviewing the application4 7c7 ,certifications on loans to family members prohibited ,no member of a county committee shall knowingly make or join in making any certification with respect to-- 7#a7 a loan to purchase any land in which the member1 or any person related to the member within the second degree of consanguinity or affinity1 has or may acquire any interest2 or 7#b7 any applicant related to the member within the second degree of consanguinity or affinity4 7d7 ,penalties ,any person violating this section shall1 on conviction of the violation1 be punished by a fine of not more than #b1jjj or imprisonment for not more than #b years1 or both4 #cijh4 ,loan summary statements 7a7 ,definition of summary period ,in this section1 the term summary period means the period beginning on the date of issuance of the preceding loan summary statement and ending on the date of issuance of the current loan summary statement4 7b7 ,issuance of statements ,on the request of a borrower of a loan made 7but not guaranteed7 under this title1 the ,secretary shall issue to the borrower a loan summary statement that reflects the account activity during the summary period for each loan made under this title to the borrower1 including-- 7#a7 the outstanding amount of principal due on each loan at the beginning of the summary period2 7#b7 the interest rate charged on each loan2 7#c7 the amount of payments made on1 and the application of the payments to1 each loan during the summary period and an explanation of the basis for the application of the payments2 7#d7 the amount of principal and interest due on each loan at the end of the summary period2 7#e7 the total amount of unpaid principal and interest on all loans at the end of the summary period2 7#f7 any delinquency in the repayment of any loan2 7#g7 a schedule of the amount and date of payments due on each loan2 and 7#h7 the procedure the borrower may use to obtain more information concerning the status of the loans4 #ciji4 ,certified lenders program 7a7 ,certified lenders program 7#a7 ,in general ,the ,secretary shall establish a program under which the ,secretary shall guarantee loans under this title that are made by lending institutions certified by the ,secretary4 7#b7 ,certification requirements ,the ,secretary shall certify a lending institution that meets such criteria as the ,secretary may prescribe in regulations1 including the ability of the institution to properly make1 service1 and liquidate the loans of the institution4 7#c7 ,condition of certification 7,a7 ,in general ,as a condition of the certification1 the ,secretary shall require the institution to undertake to service the loans guaranteed by the ,secretary under this section1 using standards that are not less stringent than generally accepted banking standards concerning loan servicing employed by prudent commercial or cooperative lenders4 7,b7 ,monitoring ,the ,secretary shall1 at least annually1 monitor the performance of each certified lender to ensure that the conditions of the certification are being met4 7#d7 ,effect of certification ,notwithstanding any other provision of law3 7,a7 ,amount of loan guarantee ,in the case of a loan made or guaranteed under subtitle ,a1 the ,secretary shall guarantee #hj percent of a loan made under this section by a certified lending institution as described in paragraph 7#a71 subject to a determination that the borrower of the loan meets the eligibility requirements and such other criteria as may be applicable to loans guaranteed by the ,secretary under other provisions of this title4 7,b7 ,certifications by lending institutions ,in the case of loans to be guaranteed by the ,secretary under this section1 the ,secretary shall permit certified lending institutions to make appropriate certifications 7as provided by regulations issued by the ,secretary7-- 7i7 relating to issues such as creditworthiness1 repayment ability1 adequacy of collateral1 and feasibility of farm operation2 and 7ii7 that the borrower is in compliance with all requirements of law1 including regulations issued by the ,secretary4 7,c7 ,approval process 7i7 ,in general ,the ,secretary shall approve or disapprove a guarantee not later than #ad days after the date that the lending institution applies to the ,secretary for the guarantee4 7ii7 ,disapproval ,if the ,secretary disapproves the loan application during the #ad-;day period1 the ,secretary shall state1 in writing1 all of the reasons the application was disapproved4 7#e7 ,relationship to other requirements ,nothing in this section affects the responsibility of the ,secretary to certify eligibility1 review financial information1 and otherwise assess an application4 7b7 ,preferred certified lenders program 7#a7 ,in general ,the ,secretary shall establish a ,preferred ,certified ,lenders ,program for lenders under this title who establish-- 7,a7 knowledge of1 and experience under1 the program established under subsection 7a72 7,b7 knowledge of the regulations concerning the guaranteed loan program2 and 7,c7 proficiency related to the certified lender program requirements4 7#b7 ,revocation of designation 7,a7 ,in general ,subject to subparagraph 7,b71 the designation of a lender as a ,preferred ,certified ,lender shall be revoked at any time-- 7i7 that the ,secretary determines that the lender is not adhering to the rules and regulations applicable to the program2 or 7ii7 if the loss experiences of a ,preferred ,certified ,lender are excessive as compared to other ,preferred ,certified ,lenders4 7,b7 ,effect ,a suspension or revocation under subparagraph 7,a7 shall not affect any outstanding guarantee4 7#c7 ,condition of certification ,as a condition of preferred certification1 the ,secretary shall require the institution to undertake to service the loans guaranteed by the ,secretary under this subsection using generally accepted banking standards concerning loan servicing employed by prudent commercial or cooperative lenders4 7#d7 ,monitoring ,the ,secretary shall1 at least annually1 monitor the performance of each ,preferred ,certified ,lender to ensure that the conditions of certification are being met4 7#e7 ,effect of preferred lender certification 7,a7 ,in general ,notwithstanding any other provision of law1 the ,secretary shall-- 7i7 guarantee #hj percent of an approved loan made by a certified lending institution as described in this subsection1 subject to a determination that the borrower meets the eligibility requirements or such other criteria as may be applicable to loans guaranteed by the ,secretary under other provisions of this title2 7ii7 permit certified lending institutions-- 7,i7 to make all decisions1 with respect to loans to be guaranteed by the ,secretary under this subsection relating to credit worthiness1 the closing1 monitoring1 collection and liquidation of loans2 and 7,,ii7 to accept appropriate certifications1 as provided by regulations issued by the ,secretary1 that the borrower is in compliance with all requirements of law or regulations promulgated by the ,secretary2 and 7iii7 be considered to have guaranteed #hj percent of a loan made by a preferred certified lending institution as described in paragraph 7#a71 if the ,secretary fails to approve or reject the application of such institution within #ad calendar days after the date that the lending institution presented the application to the ,secretary4 7,b7 ,requirement ,if the ,secretary rejects an application under subparagraph 7,a77iii7 during the #ad-;day period1 the ,secretary shall state1 in writing1 the reasons the application was rejected4 7c7 ,administration of certified lenders and preferred certified lenders programs ,the ,secretary may administer the loan guarantee programs under subsections 7a7 and 7b7 through central offices established in ,states or in multi-,state areas4 #ciaj4 ,loans to resident aliens 7a7 ,in general ,notwithstanding the provisions of this title limiting the making of a loan to a citizen of the ,united ,states1 the ,secretary may make a loan under this title to an alien lawfully admitted to the ,united ,states for permanent residence under the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq474 7b7 ,regulations 7#a7 ,in general ,no loan may be made under this title to an alien referred to in subsection 7a7 until the ,secretary issues regulations establishing the terms and conditions under which the alien may receive the loan4 7#b7 ,requirement ,the ,secretary shall submit the regulations to the ,committee on ,agriculture of the ,house of ,representatives and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate at least #cj days prior to the date on which the regulations are published in the ,federal ,register4 #ciaa4 ,expedited clearing of title to inventory property 7a7 ,in general ,the ,secretary may employ local attorneys1 on a case-by-case basis1 to process all legal procedures necessary to clear the title to foreclosed properties in the inventory of the ,department4 7b7 ,compensation ,attorneys shall be compensated at not more than the usual and customary charges of the attorneys for the work4 #ciab4 ,transfer of land to ,secretary ,the ,president may at any time1 in the discretion of the ,president1 transfer to the ,secretary any right1 interest1 or title held by the ,united ,states in any land acquired in the program of national defense and no longer needed for that purpose that the ,president finds suitable for the purposes of this title1 and the ,secretary shall dispose of the transferred land in the manner and subject to the terms and conditions of this title4 #ciac4 ,competitive sourcing limitations ,the ,secretary may not complete a study of1 or enter into a contract with a private party to carry out1 without specific authorization in a subsequent ,act of ,congress1 a competitive sourcing activity of the ,secretary1 including support personnel of the ,department1 relating to rural development or farmer program loans4 #ciad4 ,regulations ,the ,secretary may issue such regulations1 prescribe such terms and conditions for making or guaranteeing loans1 security instruments1 and agreements1 except as otherwise specified in this title1 and make such delegations of authority as the ,secretary considers necessary to carry out this title4 4 #fjjb4 ,conforming amendments 7a7 ,section #ag7;c7 of the ,rural ,electrification ,act of #aicf 7#g ,u4,s4,c4 #iag7;c77 is amended by striking paragraph 7#a7 and inserting the following3 7#a7 ,subtitle ,b of the ,consolidated ,farm and ,rural ,development ,act4 4 7b7 ,section #cje7;c77#b77;,b77i77,i7 of the ,rural ,electrification ,act of #aicf 7#g ,u4,s4,c4 #ice7;c77#b77;,b77i77,i77 is amended by striking section #cjg7;a77#c77;,a7 of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #aibg7;a77#c77;,a77 and inserting section #cgja7;b77#b7 of the ,consolidated ,farm and ,rural ,development ,act4 7c7 ,section #cjf;,f7a77#a7 of the ,rural ,electrification ,act of #aicf 7#g ,u4,s4,c4 #icf;f7a77#a77 is amended by striking subparagraph 7,b7 and inserting the following3 7,b7 chapter #a of subtitle ,b of the ,consolidated ,farm and ,rural ,development ,act4 4 7d7 ,section #bccc7;d7 of the ,food1 ,agriculture1 ,conservation1 and ,trade ,act of #aiij 7#g ,u4,s4,c4 #iej;aaa-#b7;d77 is amended-- 7#a7 in paragraph 7#aa71 by adding and at the end2 7#b7 by striking paragraph 7#ab72 and 7#c7 by redesignating paragraph 7#ac7 as paragraph 7#ab74 7e7 ,section #fja7;b7 of the ,rural ,electrification ,act of #aicf 7#g ,u4,s4,c4 #iej;bb7b77 is amended by striking paragraph 7#c74 7f7 ,section #fjb7e7 of the ,emergency ,livestock ,feed ,assistance ,act of #aihh 7#g ,u4,s4,c4 #adga7e77 is amended by striking section #cee7;e77#a77;,d77ii7 of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #aihe7;e77#a77;,d77ii77 and inserting section #cdji7;c77#a77;,a7 of the ,consolidated ,farm and ,rural ,development ,act74 7g7 ,section #ejh of the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aejh7 is amended-- 7#a7 in subsection 7b77#g77;,a71 by striking section #cga of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #bjjh;f7 and inserting section #cdbd of the ,consolidated ,farm and ,rural ,development ,act2 and 7#b7 in subsection 7n77#b71 by striking subtitle ,c of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #aifa et seq47 and inserting chapter #c of subtitle ,a of the ,consolidated ,farm and ,rural ,development ,act4 7h7 ,section #bca7;a7 of the ,agricultural ,risk ,protection ,act of #bjjj 7#g ,u4,s4,c4 #afcb;a7a77 is amended-- 7#a7 in paragraph 7#a71 by striking section #cdc7;a7 of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #aiia7;a77 and inserting section #cjjb of the ,consolidated ,farm and ,rural ,development ,act2 and 7#b7 in paragraph 7#d71 by striking section #cee7;e7 of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #bjjc7;e77 and inserting section #cjjb of the ,consolidated ,farm and ,rural ,development ,act4 7i7 ,section #adbjd7;a7 of the ,food1 ,conservation1 and ,energy ,act of #bjjh 7#g ,u4,s4,c4 #bjjhq-#a7;a77 is amended by striking an entity described in section #cgi;,c7a7 of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #bjjhq7a77 and inserting an entity determined by the ,secretary4 7j7 ,section #fjg7;c77#f7 of the ,rural ,development ,policy ,act of #aigb 7#g ,u4,s4,c4 #bbjd;b7c77#f77 is amended in the last sentence-- 7#a7 by striking 1 and and inserting and any2 and 7#b7 by striking required under section #cjf7;a77#ab7 of the ,consolidated ,farm and ,rural ,development ,act4 7k7 ,section #ija7;b7 of the ,agricultural ,act of #aigj 7#g ,u4,s4,c4 #bbjd;b-#a7;b77 is amended by striking rural areas as defined in the private business enterprise exception in section #cjf7;a77#g7 of the ,consolidated ,farmers ,home ,administration ,act of #aifa1 as amended 7#g ,u4,s4,c4 #aibf7 and inserting rural areas1 as defined in section #cjjb of the ,consolidated ,farm and ,rural ,development ,act4 7l7 ,section #adbbj of the ,food1 ,conservation1 and ,energy ,act of #bjjh 7#g ,u4,s4,c4 #bbjf;b7 is amended by striking section #cdc7;a77#ac77;,a7 of the ,consolidated ,farm and ,rural ,development ,act7 and inserting section #cjjb of the ,consolidated ,farm and ,rural ,development ,act74 7m7 ,section #beja7;c77#b77;,d7 of the ,food1 ,agriculture1 ,conservation1 and ,trade ,act of #aiij 7#g ,u4,s4,c4 #bbgi7;c77#b77;,d77 is amended by striking sections #cee7;a77#a7 and #cee7;c7 of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #bjjc7;a77#a77 and inserting paragraphs 7#a7 and 7#c7 of section #cdaf7;a7 of the ,consolidated ,farm and ,rural ,development ,act4 7n7 ,section #beja;,a7b7 of the ,food1 ,agriculture1 ,conservation1 and ,trade ,act of #aiij 7#g ,u4,s4,c4 #bbgi-a7;b77 is amended by striking section #cee7;e7 of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #bjjc7;e77 and inserting section #cjjb of the ,consolidated ,farm and ,rural ,development ,act4 7o7 ,section #gdje7;c77#h77;,b7 of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #ccai;f7c77#h77;,b77 is amended by striking section #cee7;e7 of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #bjjc7;e77 and inserting section #cjjb of the ,consolidated ,farm and ,rural ,development ,act74 7p7 ,section #aaja7;d77#b77;,a7 of the ,food1 ,conservation1 and ,energy ,act of #bjjh 7#g ,u4,s4,c4 #hgaa7;d77#b77;,a77 is amended by striking section #cee7;e7 of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #bjjc7;e77 and inserting section #cjjb of the ,consolidated ,farm and ,rural ,development ,act74 7q7 ,section #acjb7;d77#b77;,a7 of the ,food1 ,conservation1 and ,energy ,act of #bjjh 7#g ,u4,s4,c4 #hgeb7;d77#b77;,a77 is amended by striking section #cee7;e7 of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #bjjc7;e77 and inserting section #cjjb of the ,consolidated ,farm and ,rural ,development ,act74 7r7 ,section #bcge7;g7 of the ,food1 ,agriculture1 ,conservation1 and ,trade ,act of #aiij 7#g ,u4,s4,c4 #ffac7;g77 is amended by striking section #cjd7;b71 #cjf7;a71 or #caj;,b7e7 of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #aibd7;b71 #aibf7;a71 and #aicb7;e77 and inserting subtitle ,b of the ,consolidated ,farm and ,rural ,development ,act4 7s7 ,section #bbf;,b7a77#a7 of the ,department of ,agriculture ,reorganization ,act of #aiid 7#g ,u4,s4,c4 #ficd7;a77#a77 is amended by striking section #cdc7;a7 of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #aiia7;a77 and inserting section #cjjb of the ,consolidated ,farm and ,rural ,development ,act4 7t7 ,section #aif7;i77#c77;,b7 of the ,federal ,agriculture ,improvement and ,reform ,act of #aiif 7#g ,u4,s4,c4 #gccc7;i77#c77;,b77 is amended by striking subtitle ,c of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #aifa et seq47 and inserting chapter #c of subtitle ,a of the ,consolidated ,farm and ,rural ,development ,act4 7u7 ,section #ijji7;a77#a7 of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #haji7;a77#a77 is amended by striking section #cdc7;a77#ac77;,a7 of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #aiia7;a77#ac77;,a777 and inserting section #cjjb of the ,consolidated ,farm and ,rural ,development ,act4 7v7 ,section #ijaa7;c77#b77;,b77v7 of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #haaa7;c77#b77;,b77v77 is amended by striking subclause 7,i7 and inserting the following3 7,i7 beginning farmers 7as defined in accordance with section #cjjb of the ,consolidated ,farm and ,rural ,development ,act72 or 4 7w7 ,section #g7;b77#b77;,b7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;b77#b77;,b77 is amended by striking section #cba of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #aifa7 and inserting section #ccja of the ,consolidated ,farm and ,rural ,development ,act4 7x7 ,section #h7;b77#e77;,b77iii77,,iii77bb7 of the ,soil ,conservation and ,domestic ,allotment ,act 7#af ,u4,s4,c4 #eij;h7b77#e77;,b77iii77,,iii77bb77 is amended by striking section #cee7;e77#a7 of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #bjjc7;e77#a77 and inserting section #cjjb of the ,consolidated ,farm and ,rural ,development ,act74 7y7 ,section #aj7;b77#c7 of the ,cooperative ,forestry ,assistance ,act of #aigh 7#af ,u4,s4,c4 #bajf7;b77#c77 is amended in the last sentence by striking set out in the first clause of section #cjf7;a77#g7 of the ,consolidated ,farm and ,rural ,development ,act and inserting given the term in section #cjjb of the ,consolidated ,farm and ,rural ,development ,act4 7z7 ,section #abja7;a77#b7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chja7;a77#b77 is amended by striking section #cdc7;a77#h7 of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #aiia7;a77#h77 and inserting section #cjjb of the ,consolidated ,farm and ,rural ,development ,act4 7aa7 ,section #abch7b7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chch7b77 is amended by striking section #cdc7;a7 of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #aiia7;a77 and inserting section #cjjb of the ,consolidated ,farm and ,rural ,development ,act4 7bb7 ,section #e of ,public ,law #ia-bbi 7#be ,u4,s4,c4 #dib7 is amended by striking section #cjg7;a77#c77;,b7 of the ,consolidated ,farmers ,home ,administration ,act of #aifa1 as amended1 and to the provisions of subtitle ,d of that ,act except sections #cdj1 #cda1 #cdb1 and #cdc and inserting #caje7;b77#b7 of the ,consolidated ,farm and ,rural ,development ,act4 7cc7 ,section #f7;c7 of ,public ,law #ia-bbi 7#be ,u4,s4,c4 #dic7;c77 is amended by striking section #ccc;,b of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #aihc;b7 and inserting subtitle ,h of the ,department of ,agriculture ,reorganization ,act of #aiid 7#g ,u4,s4,c4 #fiia et seq474 7dd7 ,section #aha7;a77#b77;,b77ii7 of the ,internal ,revenue ,code of #aihf is amended by striking section #bjji;aa-#a of title #g1 ,united ,states ,code and inserting section #chja of the ,consolidated ,farm and ,rural ,development ,act4 7ee7 ,section #eae7;b77#c7 of the ,housing ,act of #aidi 7#db ,u4,s4,c4 #adhe7;b77#c77 is amended by striking all the provisions of section #cji and the second and third sentences of section #cjh of the ,consolidated ,farmers ,home ,administration ,act of #aifa1 including the authority in section #cji7;f77#a7 of that ,act and inserting section #cdja of the ,consolidated ,farm and ,rural ,development ,act4 7ff7 ,section #eag7;b7 of the ,housing ,act of #aidi 7#db ,u4,s4,c4 #adhg7;b77 is amended in the third sentence by striking 7#g ,u4,s4,c4 #aibi7 and inserting under section #cdja of the ,consolidated ,farm and ,rural ,development ,act4 7gg7 ,section #c7h7 of the ,public ,works and ,economic ,development ,act of #aife 7#db ,u4,s4,c4 #cabb7h77 is amended-- 7#a7 by striking subparagraph 7,b7 and inserting the following3 7,b7 the ,delta ,regional ,authority established under chapter #d of subtitle ,b of the ,consolidated ,farm and ,rural ,development ,act2 2 and 7#b7 by striking subparagraph 7,d7 and inserting the following3 7,d7 the ,northern ,great ,plains ,regional ,authority established under chapter #e of subtitle ,b of the ,consolidated ,farm and ,rural ,development ,act4 4 7hh7 ,section #caj7;a7 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaec7;a77 is amended by striking paragraph 7#d7 and inserting the following3 7#d7 ,chapter #a of subtitle ,b of the ,consolidated ,farm and ,rural ,development ,act4 4 7ii7 ,section #ehb7;d77#a7 of the ,national ,flood ,insurance ,reform ,act of #aiid 7#db ,u4,s4,c4 #eaed;a7d77#a77 is amended by striking section #cba7;a7 of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #aifa7;a77 and inserting section #ccja7;b7 of the ,consolidated ,farm and ,rural ,development ,act4 7jj7 ,section #bac7;c77#a7 of the ,biomass ,energy and ,alcohol ,fuels ,act of #aihj 7#db ,u4,s4,c4 #hhac7;c77#a77 is amended in the first sentence by striking section #cji of the ,consolidated ,farm and ,rural ,development ,act or the ,rural ,development ,insurance ,fund in section #cji;,a of such ,act and inserting under section #cdja of the ,consolidated ,farm and ,rural ,development ,act or the ,rural ,development ,insurance ,fund under section #cgjd of that ,act4 7kk7 ,section #acbc7;b77#b7 of the ,food ,security ,act of #aihe 7,public ,law #ii-aih2 #g ,u4,s4,c4 #aicb note7 is amended-- 7#a7 in subparagraph 7,a71 by inserting and at the end2 7#b7 in subparagraph 7,b71 by striking 2 and at the end and inserting a period2 and 7#c7 by striking subparagraph 7,c74 ,b ,rural electrification #faja4 ,definition of rural area ,section #ac7c7 of the ,rural ,electrification ,act of #aicf 7#g ,u4,s4,c4 #iac7;,a77 is amended by striking subparagraph 7,a7 and inserting the following3 7,a7 any area described in section #cjjb7bh77;,a77i7 of the ,consolidated ,farm and ,rural ,development ,act2 and 4 #fajb4 ,guarantees for bonds and notes issued for electrification or telephone purposes ,section #cac;,a7f7 of the ,rural ,electrification ,act of #aicf 7#g ,u4,s4,c4 #idj;c-#a7;f77 is amended by striking #bjab and inserting #bjah4 #fajc4 ,expansion of #iaa access ,section #cae7;d7 of the ,rural ,electrification ,act of #aicf 7#g ,u4,s4,c4 #idj;e7d77 is amended by striking #bjab and inserting #bjah4 #fajd4 ,access to broadband telecommunications services in rural areas ,section #fja of the ,rural ,electrification ,act of #aicf 7#g ,u4,s4,c4 #iej;bb7 is amended-- 7#a7 in subsection 7a71 by striking loans and and inserting grants1 loans1 and2 7#b7 in subsection 7b71 by striking paragraph 7#c7 and inserting the following3 7#c7 ,rural area ,the term rural area means any area described in section #cjjb of the ,consolidated ,farm and ,rural ,development ,act4 2 7#c7 in subsection 7c7-- 7,a7 in the subsection heading1 by striking ,loans and and inserting ,grants1 loans1 and2 7,b7 in paragraph 7#a71 by inserting make grants and after ,secretary shall2 7,c7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,priority 7,a7 ,in general ,in making grants1 loans1 or loan guarantees under paragraph 7#a71 the ,secretary shall-- 7i7 establish not less than #b1 and not more than #d1 evaluation periods for each fiscal year to compare grant1 loan1 and loan guarantee applications and to prioritize grants1 loans1 and loan guarantees to all or part of rural communities that do not have residential broadband service that meets the minimum acceptable level of broadband service established under subsection 7e72 7ii7 give the highest priority to applicants that offer to provide broadband service to the greatest proportion of unserved rural households or rural households that do not have residential broadband service that meets the minimum acceptable level of broadband service established under subsection 7e71 as-- 7,i7 certified by the affected community1 city1 county1 or designee2 or 7,,ii7 demonstrated on-- 7aa7 the broadband map of the affected ,state if the map contains address-level data2 or 7bb7 the ,national ,broadband ,map if address-level data is unavailable2 and 7iii7 provide equal consideration to all qualified applicants1 including those that have not previously received grants1 loans1 or loan guarantees under paragraph 7#a74 7,b7 ,other ,after giving priority to the applicants described in subparagraph 7,a71 the ,secretary shall then give priority to projects that serve rural communities-- 7i7 with a population of less than #bj1jjj permanent residents2 7ii7 experiencing outmigration2 7iii7 with a high percentage of low-income residents2 and 7iv7 that are isolated from other significant population centers4 2 and 7,d7 by adding at the end the following3 7#c7 ,grant amounts 7,a7 ,eligibility ,to be eligible for a grant under this section1 the project that is the subject of the grant shall be carried out in a rural area4 7,b7 ,maximum ,except as provided in subparagraph 7,d71 the amount of any grant made under this section shall not exceed #ej percent of the development costs of the project for which the grant is provided4 7,c7 ,grant rate ,the ,secretary shall establish the grant rate for each project in accordance with regulations issued by the ,secretary that shall provide for a graduated scale of grant rates that establish higher rates for projects in communities that have-- 7i7 remote locations2 7ii7 low community populations2 7iii7 low income levels2 7iv7 developed the applications of the communities with the participation of combinations of stakeholders1 including-- 7,i7 ,state1 local1 and tribal governments2 7,,ii7 nonprofit institutions2 7,,iii7 institutions of higher education2 7,,iv7 private entities2 and 7,v7 philanthropic organizations2 and 7v7 targeted funding to provide the minimum acceptable level of broadband service established under subsection 7e7 in all or part of an unserved community that is below that minimum acceptable level of broadband service4 7,d7 ,secretarial authority to adjust ,the ,secretary may make grants of up to #ge percent of the development costs of the project for which the grant is provided to an eligible entity if the ,secretary determines that the project serves a remote or low income area that does not have access to broadband service from any provider of broadband service 7including the applicant74 2 7#d7 in subsection 7d7-- 7,a7 in paragraph 7#a77;,a7-- 7i7 in the matter preceding clause 7i71 by striking loan or and inserting grant1 loan1 or2 7ii7 by striking clause 7i7 and inserting the following3 7i7 demonstrate the ability to furnish1 improve in order to meet the minimum acceptable level of broadband service established under subsection 7e71 or extend broadband service to all or part of an unserved rural area or an area below the minimum acceptable level of broadband service established under subsection 7e72 2 7iii7 in clause 7ii71 by striking a loan application and inserting an application2 and 7iv7 in clause 7iii7-- 7,i7 by striking the loan application and inserting the application2 and 7,,ii7 by striking proceeds from the loan made or guaranteed under this section are and inserting assistance under this section is2 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,a7-- 7,i7 in the matter preceding clause 7i7-- 7aa7 by striking the proceeds of a loan made or guaranteed and inserting assistance2 and 7bb7 by striking for the loan or loan guarantee and inserting of the eligible entity2 7,,ii7 in clause 7i71 by striking is offered broadband service by not more than #a incumbent service provider and inserting are unserved or have service levels below the minimum acceptable level of broadband service established under subsection 7e72 and 7,,iii7 in clause 7ii71 by striking #c and inserting #b2 7ii7 by striking subparagraph 7,b7 and inserting the following3 7,b7 ,adjustments 7i7 ,increase ,the ,secretary may increase the household percentage requirement under subparagraph 7,a77i7 if-- 7,i7 more than #be percent of the costs of the project are funded by grants made under this section2 or 7,,ii7 the proposed service territory includes #a or more communities with a population in excess of #bj1jjj4 7ii7 ,reduction ,the ,secretary may reduce the household percentage requirement under subparagraph 7,a77i7-- 7,i7 to not less than #ae percent1 if the proposed service territory does not have a population in excess of #e1jjj people2 or 7,,ii7 to not less than #ah percent1 if the proposed service territory does not have a population in excess of #g1ejj people4 2 and 7iii7 in subparagraph 7,c7-- 7,i7 in the subparagraph heading1 by striking #c and inserting #b2 and 7,,ii7 in clause 7i71 by inserting the minimum acceptable level of broadband service established under subsection 7e7 in after service to2 7,c7 in paragraph 7#c7-- 7i7 in subparagraph 7,a71 by striking loan or and inserting grant1 loan1 or2 and 7ii7 in subparagraph 7,b71 by adding at the end the following3 7iii7 ,information ,information submitted under this subparagraph shall be-- 7,i7 certified by the affected community1 city1 county1 or designee2 and 7,,ii7 demonstrated on-- 7aa7 the broadband map of the affected ,state if the map contains address-level data2 or 7bb7 the ,national ,broadband ,map if address-level data is unavailable4 2 7,d7 in paragraph 7#d7-- 7i7 by striking ,subject to paragraph 7#a71 and inserting the following3 7,a7 ,in general ,subject to paragraph 7#a7 and subparagraph 7,b71 2 7ii7 by striking loan or and inserting grant1 loan1 or2 and 7iii7 by adding at the end the following3 7,b7 ,pilot programs ,the ,secretary may carry out pilot programs in conjunction with interested entities described in subparagraph 7,a7 7which may be in partnership with other entities1 as determined appropriate by the ,secretary7 to address areas that are unserved or have service levels below the minimum acceptable level of broadband service established under subsection 7e74 2 7,e7 in paragraph 7#e7-- 7i7 in the matter preceding subparagraph 7,a71 by striking loan or and inserting grant1 loan1 or2 and 7ii7 in subparagraph 7,c71 by inserting 1 and proportion relative to the service territory1 after estimated number2 7,f7 in paragraph 7#f71 by striking loan or and inserting grant1 loan1 or2 7,g7 in paragraph 7#g71 by striking a loan application and inserting an application2 and 7,h7 by adding at the end the following3 7#h7 ,transparency and reporting ,the ,secretary-- 7,a7 shall require any entity receiving assistance under this section to submit quarterly1 in a format specified by the ,secretary1 a report that describes-- 7i7 the use by the entity of the assistance1 including new equipment and capacity enhancements that support high-speed broadband access for educational institutions1 health care providers1 and public safety service providers 7including the estimated number of end users who are currently using or forecasted to use the new or upgraded infrastructure72 and 7ii7 the progress towards fulfilling the objectives for which the assistance was granted1 including-- 7,i7 the number and location of residences and businesses that will receive new broadband service1 existing network service improvements1 and facility upgrades resulting from the ,federal assistance2 7,,ii7 the speed of broadband service2 7,,iii7 the price of broadband service2 7,,iv7 any changes in broadband service adoption rates1 including new subscribers generated from demand-side projects2 and 7,v7 any other metrics the ,secretary determines to be appropriate2 7,b7 shall maintain a fully searchable database1 accessible on the ,internet at no cost to the public1 that contains1 at a minimum-- 7i7 a list of each entity that has applied for assistance under this section2 7ii7 a description of each application1 including the status of each application2 7iii7 for each entity receiving assistance under this section-- 7,i7 the name of the entity2 7,,ii7 the type of assistance being received2 7,,iii7 the purpose for which the entity is receiving the assistance2 and 7,,iv7 each quarterly report submitted under subparagraph 7,a72 and 7iv7 such other information as is sufficient to allow the public to understand and monitor assistance provided under this section2 7,c7 shall1 in addition to other authority under applicable law1 establish written procedures for all broadband programs administered by the ,secretary that1 to the maximum extent practicable-- 7i7 recover funds from loan defaults2 7ii7 7,i7 deobligate awards to grantees that demonstrate an insufficient level of performance 7including failure to meet build-out requirements1 service quality issues1 or other metrics determined by the ,secretary7 or wasteful or fraudulent spending2 and 7,,ii7 award those funds1 on a competitive basis1 to new or existing applicants consistent with this section2 and 7iii7 consolidate and minimize overlap among the programs2 7,d7 with respect to an application for assistance under this section1 shall-- 7i7 promptly post on the website of the ,rural ,utility ,service-- 7,i7 an announcement that identifies-- 7aa7 each applicant2 7bb7 the amount and type of support requested by each applicant2 and 7,,ii7 a list of the census block groups or proposed service territory1 in a manner specified by the ,secretary1 that the applicant proposes to service2 7ii7 provide not less than #ae days for broadband service providers to voluntarily submit information about the broadband services that the providers offer in the groups or tracts listed under clause 7i77,,ii7 so that the ,secretary may assess whether the applications submitted meet the eligibility requirements under this section2 and 7iii7 if no broadband service provider submits information under clause 7ii71 consider the number of providers in the group or tract to be established by reference to-- 7,i7 the most current ,national ,broadband ,map of the ,national ,telecommunications and ,information ,administration2 or 7,,ii7 any other data regarding the availability of broadband service that the ,secretary may collect or obtain through reasonable efforts2 and 7,e7 may establish additional reporting and information requirements for any recipient of any assistance under this section so as to ensure compliance with this section4 2 7#e7 in subsection 7e7-- 7,a7 by redesignating paragraph 7#b7 as paragraph 7#c72 and 7,b7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,in general ,subject to paragraph 7#b71 for purposes of this section1 the minimum acceptable level of broadband service for a rural area shall be at least-- 7,a7 a #d-,mbps downstream transmission capacity2 and 7,b7 a #a-,mbps upstream transmission capacity4 7#b7 ,adjustments 7,a7 ,in general ,at least once every #b years1 the ,secretary shall review1 and may adjust1 the minimum acceptable level of broadband service established under paragraph 7#a7 to ensure that high quality1 cost-effective broadband service is provided to rural areas over time4 7,b7 ,considerations ,in making an adjustment to the minimum acceptable level of broadband service under subparagraph 7,a71 the ,secretary may consider establishing different transmission rates for fixed broadband service and mobile broadband service4 2 7#f7 in subsection 7f71 by striking make a loan or loan guarantee and inserting provide assistance2 7#g7 in subsection 7g71 by striking paragraph 7#b7 and inserting the following3 7#b7 ,terms ,in determining the term and conditions of a loan or loan guarantee1 the ,secretary may-- 7,a7 consider whether the recipient would be serving an area that is unserved2 and 7,b7 if the ,secretary makes a determination in the affirmative under subparagraph 7,a71 establish a limited initial deferral period or comparable terms necessary to achieve the financial feasibility and long-term sustainability of the project4 2 7#h7 in subsection 7j7-- 7,a7 in the matter preceding paragraph 7#a71 by striking loan and loan guarantee2 7,b7 in paragraph 7#a7-- 7i7 by inserting grants and after number of2 and 7ii7 by inserting 1 including any loan terms or conditions for which the ,secretary provided additional assistance to unserved areas before the semicolon at the end2 7,c7 in paragraph 7#b7-- 7i7 in subparagraph 7,a71 by striking loan2 and 7ii7 in subparagraph 7,b71 by striking loans and and inserting grants1 loans1 and2 7,d7 in paragraph 7#c71 by striking loan2 7,e7 in paragraph 7#e71 by striking and at the end2 7,f7 in paragraph 7#f71 by striking the period at the end and inserting 2 and2 and 7,g7 by adding at the end the following3 7#g7 the overall progress towards fulfilling the goal of improving the quality of rural life by expanding rural broadband access1 as demonstrated by metrics1 including-- 7,a7 the number of residences and businesses receiving new broadband services2 7,b7 network improvements1 including facility upgrades and equipment purchases2 7,c7 average broadband speeds and prices on a local and statewide basis2 7,d7 any changes in broadband adoption rates2 and 7,e7 any specific activities that increased high speed broadband access for educational institutions1 health care providers4 and public safety service providers4 2 and 7#i7 by redesignating subsections 7k7 and 7l7 as subsections 7l7 and 7m71 respectively2 7#aj7 by inserting after subsection 7j7 the following3 7k7 ,broadband buildout data 7#a7 ,in general ,as a condition of receiving a grant1 loan1 or loan guarantee under this section1 a recipient of assistance shall provide to the ,secretary address-level broadband buildout data that indicates the location of new broadband service that is being provided or upgraded within the service territory supported by the grant1 loan1 or loan guarantee-- 7,a7 for purposes of inclusion in the semiannual updates to the ,national ,broadband ,map that is managed by the ,national ,telecommunications and ,information ,administration 7referred to in this subsection as the ,administration72 and 7,b7 not later than #cj days after the earlier of-- 7i7 the date of completion of any project milestone established by the ,secretary2 or 7ii7 the date of completion of the project4 7#b7 ,address-level data ,effective beginning on the date the ,administration receives data described in paragraph 7#a71 the ,administration shall use only address-level broadband buildout data for the ,national ,broadband ,map4 7#c7 ,corrections 7,a7 ,in general ,the ,secretary shall submit to the ,administration any correction to the ,national ,broadband ,map that is based on the actual level of broadband coverage within the rural area1 including any requests for a correction from an elected or economic development official4 7,b7 ,incorporation ,not later than #cj days after the date on which the ,administration receives a correction submitted under subparagraph 7,a71 the ,administration shall incorporate the correction into the ,national ,broadband ,map4 7,c7 ,use ,if the ,secretary has submitted a correction to the ,administration under subparagraph 7,a71 but the ,national ,broadband ,map has not been updated to reflect the correct by the date on which the ,secretary is making a grant or loan award decision under this section1 the ,secretary may use the correction submitted under that subparagraph for purposes of make the grant or loan award decision4 2 7#aa7 subsection 7l7 7as redesignated by paragraph 7#i77-- 7,a7 in paragraph 7#a7-- 7i7 by striking #be1jjj1jjj and inserting #ej1jjj1jjj2 and 7ii7 by striking #bjab and inserting #bjah2 and 7,b7 in paragraph 7#b77;,a7-- 7i7 in clause 7i71 by striking and at the end2 7ii7 in clause 7ii71 by striking the period at the end and inserting 2 and2 and 7iii7 by adding at the end the following3 7iii7 set aside at least #a percent to be used for-- 7,i7 conducting oversight under this section2 and 7,,ii7 implementing accountability measures and related activities authorized under this section4 2 and 7#ab7 in subsection 7m7 7as redesignated by paragraph 7#i77-- 7,a7 by striking loan or and inserting grant1 loan1 or2 and 7,b7 by striking #bjab and inserting #bjah4 ,c ,miscellaneous #fbja4 ,distance learning and telemedicine 7a7 ,authorization of appropriations ,section #bcce;,a of the ,food1 ,agriculture1 ,conservation1 and ,trade ,act of #aiij 7#g ,u4,s4,c4 #iej;aaa-#e7 is amended by striking #bjab and inserting #bjah4 7b7 ,conforming amendment ,section #a7;b7 of ,public ,law #ajb-eea 7#g ,u4,s4,c4 #iej;aaa note7 is amended by striking #bjab and inserting #bjah4 #fbjb4 ,rural energy savings program ,subtitle ,e of title ,,vi of the ,farm ,security and ,rural ,investment ,act of #bjjb 7,public ,law #ajg-aga2 #aaf ,stat4 #dbd7 is amended by adding at the end the following3 #fdjg4 ,rural energy savings program 7a7 ,purpose ,the purpose of this section is to create jobs1 promote rural development1 and help rural families and small businesses achieve cost savings by providing loans to qualified consumers to implement durable cost-effective energy efficiency measures4 7b7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means-- 7,a7 any public power district1 public utility district1 or similar entity1 or any electric cooperative described in section #eja7;c77#ab7 or #acha7;a77#b7 of the ,internal ,revenue ,code of #aihf1 that borrowed and repaid1 prepaid1 or is paying an electric loan made or guaranteed by the ,rural ,utilities ,service 7or any predecessor agency72 7,b7 any entity primarily owned or controlled by #a or more entities described in subparagraph 7,a72 or 7,c7 any other entity that is an eligible borrower of the ,rural ,utility ,service1 as determined under section #agaj4aja of title #g1 ,code of ,federal ,regulations 7or a successor regulation74 7#b7 ,energy efficiency measures ,the term energy efficiency measures means1 for or at property served by an eligible entity1 structural improvements and investments in cost-effective1 commercial technologies to increase energy efficiency4 7#c7 ,qualified consumer ,the term qualified consumer means a consumer served by an eligible entity that has the ability to repay a loan made under subsection 7d71 as determined by the eligible entity4 7#d7 ,secretary ,the term ,secretary means the ,secretary of ,agriculture1 acting through the ,administrator of the ,rural ,utilities ,service4 7c7 ,loans to ,eligible ,entities 7#a7 ,in general ,subject to paragraph 7#b71 the ,secretary shall make loans to eligible entities that agree to use the loan funds to make loans to qualified consumers for the purpose of implementing energy efficiency measures4 7#b7 ,requirements 7,a7 ,in general ,as a condition of receiving a loan under this subsection1 an eligible entity shall-- 7i7 establish a list of energy efficiency measures that is expected to decrease energy use or costs of qualified consumers2 7ii7 prepare an implementation plan for use of the loan funds1 including use of any interest to be received pursuant to subsection 7d77#a77;,a72 7iii7 provide for appropriate measurement and verification to ensure-- 7,i7 the effectiveness of the energy efficiency loans made by the eligible entity2 and 7,,ii7 that there is no conflict of interest in carrying out this section2 and 7iv7 demonstrate expertise in effective use of energy efficiency measures at an appropriate scale4 7,b7 ,revision of list of energy efficiency measures ,subject to the approval of the ,secretary1 an eligible entity may update the list required under subparagraph 7,a77i7 to account for newly available efficiency technologies4 7,c7 ,existing energy efficiency programs ,an eligible entity that1 at any time before the date that is #fj days after the date of enactment of this section1 has established an energy efficiency program for qualified consumers may use an existing list of energy efficiency measures1 implementation plan1 or measurement and verification system of that program to satisfy the requirements of subparagraph 7,a7 if the ,secretary determines the list1 plan1 or systems are consistent with the purposes of this section4 7#c7 ,no interest ,a loan under this subsection shall bear no interest4 7#d7 ,repayment ,with respect to a loan under paragraph 7#a7-- 7,a7 the term shall not exceed #bj years from the date on which the loan is closed2 and 7,b7 except as provided in paragraph 7#f71 the repayment of each advance shall be amortized for a period not to exceed #aj years4 7#e7 ,amount of advances ,any advance of loan funds to an eligible entity in any single year shall not exceed #ej percent of the approved loan amount4 7#f7 ,special advance for start-up activities 7,a7 ,in general ,in order to assist an eligible entity in defraying the appropriate start-up costs 7as determined by the ,secretary7 of establishing new programs or modifying existing programs to carry out subsection 7d71 the ,secretary shall allow an eligible entity to request a special advance4 7,b7 ,amount ,no eligible entity may receive a special advance under this paragraph for an amount that is greater than #d percent of the loan amount received by the eligible entity under paragraph 7#a74 7,c7 ,repayment ,repayment of the special advance-- 7i7 shall be required during the #aj-year period beginning on the date on which the special advance is made2 and 7ii7 at the election of the eligible entity1 may be deferred to the end of the #aj-year period4 7#g7 ,limitation ,all special advances shall be made under a loan described in paragraph 7#a7 during the first #aj years of the term of the loan4 7d7 ,loans to qualified consumers 7#a7 ,terms of loans ,loans made by an eligible entity to qualified consumers using loan funds provided by the ,secretary under subsection 7c7-- 7,a7 may bear interest1 not to exceed #c percent1 to be used for purposes that include-- 7i7 to establish a loan loss reserve2 and 7ii7 to offset personnel and program costs of eligible entities to provide the loans2 7,b7 shall finance energy efficiency measures for the purpose of decreasing energy usage or costs of the qualified consumer by an amount that ensures1 to the maximum extent practicable1 that a loan term of not more than #aj years will not pose an undue financial burden on the qualified consumer1 as determined by the eligible entity2 7,c7 shall not be used to fund purchases of1 or modifications to1 personal property unless the personal property is or becomes attached to real property 7including a manufactured home7 as a fixture2 7,d7 shall be repaid through charges added to the electric bill for the property for1 or at which1 energy efficiency measures are or will be implemented1 on the condition that this requirement does not prohibit-- 7i7 the voluntary prepayment of a loan by the owner of the property2 or 7ii7 the use of any additional repayment mechanisms that are-- 7,i7 demonstrated to have appropriate risk mitigation features1 as determined by the eligible entity2 or 7,,ii7 required if the qualified consumer is no longer a customer of the eligible entity2 and 7,e7 shall require an energy audit by an eligible entity to determine the impact of proposed energy efficiency measures on the energy costs and consumption of the qualified consumer4 7#b7 ,contractors ,in addition to any other qualified general contractor1 eligible entities may serve as general contractors4 7e7 ,contract for measurement and verification1 training1 and technical assistance 7#a7 ,in general ,not later than #ij days after the date of enactment of this section1 the ,secretary-- 7,a7 shall establish a plan for measurement and verification1 training1 and technical assistance of the program2 and 7,b7 may enter into #a or more contracts with a qualified entity for the purposes of-- 7i7 providing measurement and verification activities2 and 7ii7 developing a program to provide technical assistance and training to the employees of eligible entities to carry out this section4 7#b7 ,use of subcontractors authorized ,a qualified entity that enters into a contract under paragraph 7#a7 may use subcontractors to assist the qualified entity in carrying out the contract4 7f7 ,fast ,start demonstration projects 7#a7 ,in general ,the ,secretary shall offer to enter into agreements with eligible entities 7or groups of eligible entities7 that have energy efficiency programs described in subsection 7c77#b77;,c7 to establish an energy efficiency loan demonstration projects consistent with the purposes of this section4 7#b7 ,evaluation criteria ,in determining which eligible entities to award loans under this section1 the ,secretary shall take into consideration eligible entities that-- 7,a7 implement approaches to energy audits and investments in energy efficiency measures that yield measurable and predictable savings2 7,b7 use measurement and verification processes to determine the effectiveness of energy efficiency loans made by eligible entities2 7,c7 include training for employees of eligible entities1 including any contractors of such entities1 to implement or oversee the activities described in subparagraphs 7,a7 and 7,b72 7,d7 provide for the participation of a majority of eligible entities in a ,state2 7,e7 reduce the need for generating capacity2 7,f7 provide efficiency loans to-- 7i7 in the case of a single eligible entity1 not fewer than #bj1jjj consumers2 or 7ii7 in the case of a group of eligible entities1 not fewer than #hj1jjj consumers2 and 7,g7 serve areas in which1 as determined by the ,secretary1 a large percentage of consumers reside-- 7i7 in manufactured homes2 or 7ii7 in housing units that are more than #ej years old4 7#c7 ,deadline for implementation ,to the maximum extent practicable1 the ,secretary shall enter into agreements described in paragraph 7#a7 by not later than #ij days after the date of enactment of this section4 7#d7 ,effect on availability of loans nationally ,nothing in this subsection shall delay the availability of loans to eligible entities on a national basis beginning not later than #ahj days after the date of enactment of this section4 7#e7 ,additional demonstration project authority 7,a7 ,in general ,the ,secretary may conduct demonstration projects in addition to the project required by paragraph 7#a74 7,b7 ,inapplicability of certain criteria ,the additional demonstration projects may be carried out without regard to subparagraphs 7,d71 7,f71 or 7,g7 of paragraph 7#b74 7g7 ,additional authority ,the authority provided in this section is in addition to any other authority of the ,secretary to offer loans under any other law4 7h7 ,effective ,period ,subject to the availability of funds and except as otherwise provided in this section1 the loans and other expenditures required to be made under this section shall be available until expended1 with the ,secretary authorized to make new loans as loans are repaid4 7i7 ,regulations 7#a7 ,in general ,except as otherwise provided in this subsection1 not later than #ahj days after the date of enactment of this section1 the ,secretary shall promulgate such regulations as are necessary to implement this section4 7#b7 ,procedure ,the promulgation of the regulations and administration of this section shall be made without regard to-- 7,a7 the ,statement of ,policy of the ,secretary of ,agriculture effective ,july #bd1 #aiga 7#cf ,fed4 ,reg4 #achjd71 relating to notices of proposed rulemaking and public participation in rulemaking2 and 7,b7 chapter #ce of title #dd1 ,united ,states ,code 7commonly known as the ,paperwork ,reduction ,act74 7#c7 ,congressional review of agency rulemaking ,in carrying out this section1 the ,secretary shall use the authority provided under section #hjh of title #e1 ,united ,states ,code4 7#d7 ,interim regulations ,notwithstanding paragraphs 7#a7 and 7#b71 to the extent regulations are necessary to carry out any provision of this section1 the ,secretary shall implement such regulations through the promulgation of an interim rule4 4 #fbjc4 ,funding of pending rural development loan and grant applications 7a7 ,in general ,the ,secretary shall use funds made available under subsection 7b7 to provide funds for applications that are pending on the date of enactment of this ,act in accordance with the terms and conditions of section #fjbi of the ,food1 ,conservation1 and ,energy ,act of #bjjh 7,public ,law #aaj-bdf2 #abb ,stat4 #aiee74 7b7 ,funding ,notwithstanding any other provision of law1 beginning in fiscal year #bjad1 of the funds of the ,commodity ,credit ,corporation1 the ,secretary shall use to carry out this section #ej1jjj1jjj1 to remain available until expended4 #fbjd4 ,study of rural transportation issues 7a7 ,in general ,the ,secretary and the ,secretary of ,transportation shall jointly conduct a study of transportation issues regarding the movement of agricultural products1 domestically produced renewable fuels1 and domestically produced resources for the production of electricity for rural areas of the ,united ,states1 and economic development in those areas4 7b7 ,inclusions ,the study shall include an examination of-- 7#a7 the importance of freight transportation1 including rail1 truck1 and barge1 to-- 7,a7 the delivery of equipment1 seed1 fertilizer1 and other products important to the development of agricultural commodities and products2 7,b7 the movement of agricultural commodities and products to market2 7,c7 the delivery of ethanol and other renewable fuels2 7,d7 the delivery of domestically produced resources for use in the generation of electricity for rural areas2 7,e7 the location of grain elevators1 ethanol plants1 and other facilities2 7,f7 the development of manufacturing facilities in rural areas2 and 7,g7 the vitality and economic development of rural communities2 7#b7 the sufficiency in rural areas of transportation capacity1 the sufficiency of competition in the transportation system1 the reliability of transportation services1 and the reasonableness of transportation rates2 7#c7 the sufficiency of facility investment in rural areas necessary for efficient and cost-effective transportation2 and 7#d7 the accessibility to shippers in rural areas of ,federal processes for the resolution of grievances arising within various transportation modes4 7c7 ,report to congress ,not later than #a year after the date of enactment of this ,act1 the ,secretary and the ,secretary of ,transportation shall submit a report to ,congress that contains the results of the study required under subsection 7a74 7d7 ,periodic updates ,the ,secretary and the ,secretary of ,transportation shall publish triennially an updated version of the study described in subsection 7a74 #fbje4 ,agricultural transportation policy ,section #bjc of the ,agricultural ,marketing ,act of #aidf 7#g ,u4,s4,c4 #afbb7 is amended by striking subsection 7j7 and inserting the following3 7j7 ,policy development proceedings ,the ,secretary shall participate on behalf of the interests of agriculture and rural ,america in all policy development proceedings or other proceedings of the ,surface ,transportation ,board that may establish freight rail transportation policy affecting agriculture and rural ,america4 4 ,,vii ,research1 ,extension1 and ,related ,matters ,a ,national ,agricultural ,research1 ,extension1 and ,teaching ,policy ,act of #aigg #gaja4 ,national ,agricultural ,research1 ,extension1 ,education1 and ,economics ,advisory ,board 7a7 ,authorization of appropriations ,section #adjh7;h7 of the ,national ,agricultural ,research1 ,extension1 and ,teaching ,policy ,act of #aigg 7#g ,u4,s4,c4 #cabc7;h77 is amended by striking #bjab and inserting #bjah4 7b7 ,duties of ,national ,agricultural ,research1 ,extension1 ,education1 and ,economics ,advisory ,board ,section #adjh7;c7 of the ,national ,agricultural ,research1 ,extension1 and ,teaching ,policy ,act of #aigg 7#g ,u4,s4,c4 #cabc7;c77 is amended-- 7#a7 in paragraph 7#c71 by striking and at the end2 7#b7 in paragraph 7#d77;,c71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7#e7 consult with industry groups on agricultural research1 extension1 education1 and economics1 and make recommendations to the ,secretary based on that consultation4 4 #gajb4 ,specialty crop committee ,section #adjh;,a of the ,national ,agricultural ,research1 ,extension1 and ,teaching ,policy ,act of #aigg 7#g ,u4,s4,c4 #cabc;a7 is amended-- 7#a7 in subsection 7b7-- 7,a7 by striking ,individuals and inserting the following3 7#a7 ,eligibility ,individuals 2 7,b7 by striking ,members and inserting the following3 7#b7 ,service ,members 2 and 7,c7 by adding at the end the following3 7#c7 ,diversity ,membership of the specialty crops committee shall reflect diversity in the specialty crops represented4 2 7#b7 in subsection 7c71 by adding at the end the following3 7#f7 ,analysis of alignment of specialty crop committee recommendations with specialty crop research initiative grants awarded under section #dab7;d7 of the ,agricultural ,research1 ,extension1 and ,education ,reform ,act of #aiih 7#g ,u4,s4,c4 #gfcb74 2 7#c7 by redesignating subsections 7d7 and 7e7 as subsections 7e7 and 7f71 respectively2 7#d7 by inserting after subsection 7c7 the following3 7d7 ,consultation with specialty crop industry ,in studying the scope and effectiveness of programs under subsection 7a71 the specialty crops committee shall consult on an ongoing basis with diverse sectors of the specialty crop industry4 2 and 7#e7 in subsection 7f7 7as redesignated by paragraph 7#c771 by striking subsection 7d7 and inserting subsection 7e74 #gajc4 ,veterinary services grant program ,the ,national ,agricultural ,research1 ,extension1 and ,teaching ,policy ,act of #aigg is amended by inserting after section #adae;,a 7#g ,u4,s4,c4 #caea;a7 the following3 #adae;,b4 ,veterinary services grant program 7a7 ,definitions ,in this section3 7#a7 ,qualified entity ,the term qualified entity means-- 7,a7 a for-profit or nonprofit entity located in the ,united ,states that operates a veterinary clinic providing veterinary services-- 7i7 in a rural area1 as defined in section #cdc7;a7 of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #aiia7;a772 and 7ii7 in response to a veterinarian shortage situation2 7,b7 a ,state1 national1 allied1 or regional veterinary organization or specialty board recognized by the ,american ,veterinary ,medical ,association2 7,c7 a college or school of veterinary medicine accredited by the ,american ,veterinary ,medical ,association2 7,d7 a university research foundation or veterinary medical foundation2 7,e7 a department of veterinary science or department of comparative medicine accredited by the ,department of ,education2 7,f7 a ,state agricultural experiment station2 and 7,g7 a ,state1 local1 or tribal government agency4 7#b7 ,veterinarian shortage situation ,the term veterinarian shortage situation means a veterinarian shortage situation determined by the ,secretary under section #adae;,a7b74 7b7 ,establishment of program 7#a7 ,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 7#b7 for the purpose of developing1 implementing1 and sustaining veterinary services4 7#b7 ,eligibility requirements ,to be eligible to receive a grant described in paragraph 7#a71 a qualified entity shall carry out programs or activities that the ,secretary determines will-- 7,a7 substantially relieve veterinarian shortage situations2 7,b7 support or facilitate private veterinary practices engaged in public health activities2 or 7,c7 support or facilitate the practices of veterinarians who are participating in or have successfully completed a service requirement under section #adae;,a7a77#b74 7c7 ,award processes and preferences 7#a7 ,application1 evaluation1 and input processes ,in administering the grant program under this section1 the ,secretary shall-- 7,a7 use an appropriate application and evaluation process1 as determined by the ,secretary2 and 7,b7 seek the input of interested persons4 7#b7 ,grant preferences ,in selecting recipients of grants to be used for any of the purposes described in paragraphs 7#b7 through 7#f7 of subsection 7d71 the ,secretary shall give a preference to qualified entities that provide documentation of coordination with other qualified entities1 with respect to any such purpose4 7#c7 ,additional preferences ,in awarding grants under this section1 the ,secretary may develop additional preferences by taking into account the amount of funds available for grants and the purposes for which the grant funds will be used4 7#d7 ,applicability of other provisions ,sections #adac;,b1 #adfb7;a71 #adfi7;a77#c71 #adfi7;c71 and #adgj apply to the administration of the grant program under this section4 7d7 ,use of grants ,to relieve veterinarian shortage situations and support veterinary services ,a qualified entity may use funds provided by grants under this section to relieve veterinarian shortage situations and support veterinary services for the following purposes3 7#a7 ,to assist veterinarians with establishing or expanding practices for the purpose of-- 7,a7 equipping veterinary offices2 7,b7 sharing in the reasonable overhead costs of the practices1 as determined by the ,secretary2 or 7,c7 establishing mobile veterinary facilities in which a portion of the facilities will address education or extension needs4 7#b7 ,to promote recruitment 7including for programs in secondary schools71 placement1 and retention of veterinarians1 veterinary technicians1 students of veterinary medicine1 and students of veterinary technology4 7#c7 ,to allow veterinary students1 veterinary interns1 externs1 fellows1 and residents1 and veterinary technician students to cover expenses 7other than the types of expenses described in #adae;,a7c77#e77 to attend training programs in food safety or food animal medicine4 7#d7 ,to establish or expand accredited veterinary education programs 7including faculty recruitment and retention71 veterinary residency and fellowship programs1 or veterinary internship and externship programs carried out in coordination with accredited colleges of veterinary medicine4 7#e7 ,to assess veterinarian shortage situations and the preparation of applications submitted to the ,secretary for designation as a veterinarian shortage situation under section #adae;,a7b74 7#f7 ,to provide continuing education and extension1 including veterinary telemedicine and other distance-based education1 for veterinarians1 veterinary technicians1 and other health professionals needed to strengthen veterinary programs and enhance food safety4 7e7 ,special requirements for certain grants 7#a7 ,terms of service requirements 7,a7 ,in general ,grants provided under this section for the purpose specified in subsection 7d77#a7 shall be subject to an agreement between the ,secretary and the grant recipient that includes a required term of service for the recipient1 as established by the ,secretary4 7,b7 ,considerations ,in establishing a term of service under subparagraph 7,a71 the ,secretary shall consider only-- 7i7 the amount of the grant awarded2 and 7ii7 the specific purpose of the grant4 7#b7 ,breach remedies 7,a7 ,in general ,an agreement under paragraph 7#a7 shall provide remedies for any breach of the agreement by the grant recipient1 including repayment or partial repayment of the grant funds1 with interest4 7,b7 ,waiver ,the ,secretary may grant a wavier of the repayment obligation for breach of contract if the ,secretary determines that the grant recipient demonstrates extreme hardship or extreme need4 7,c7 ,treatment of amounts recovered ,funds recovered under this paragraph shall-- 7i7 be credited to the account available to carry out this section2 and 7ii7 remain available until expended4 7f7 ,cost-,sharing requirements 7#a7 ,recipient share ,subject to paragraph 7#b71 to be eligible to receive a grant under this section1 a qualified entity shall provide matching non-,federal funds1 either in cash or in-kind support1 in an amount equal to not less than #be percent of the ,federal funds provided by the grant4 7#b7 ,waiver ,the ,secretary may establish1 by regulation1 conditions under which the cost-sharing requirements of paragraph 7#a7 may be reduced or waived4 7g7 ,prohibition on use of grant funds for construction ,funds made available for grants under this section may not be used-- 7#a7 to construct a new building or facility2 or 7#b7 to acquire1 expand1 remodel1 or alter an existing building or facility1 including site grading and improvement and architect fees4 7h7 ,regulations ,not later than #a year after the date of enactment of this section1 the ,secretary shall promulgate regulations to carry out this section4 7i7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #aj1jjj1jjj for fiscal year #bjad and each fiscal year thereafter1 to remain available until expended4 4 #gajd4 ,grants and fellowships for food and agriculture sciences education ,section #adag7m7 of the ,national ,agricultural ,research1 ,extension1 and ,teaching ,policy ,act of #aigg 7#g ,u4,s4,c4 #caeb7m77 is amended by striking section #fj1jjj1jjj and all that follows and inserting the following3 section-- 7#a7 #fj1jjj1jjj for each of fiscal years #aiij through #bjac2 and 7#b7 #dj1jjj1jjj for each of fiscal years #bjad through #bjah4 4 #gaje4 ,agricultural and food policy research centers ,section #adai;,a of the ,national ,agricultural ,research1 ,extension1 and ,teaching ,policy ,act of #aigg 7#g ,u4,s4,c4 #caee7 is amended-- 7#a7 in the section heading1 by inserting ,agricultural and food before policy2 7#b7 in subsection 7a71 in the matter preceding paragraph 7#a7-- 7,a7 by striking ,secretary may and inserting ,secretary shall1 acting through the ,office of the ,chief ,economist12 and 7,b7 by inserting with a history of providing unbiased1 nonpartisan economic analysis to ,congress after subsection 7b72 7#c7 in subsection 7b71 by striking other research institutions and all that follows through shall be eligible and inserting other public research institutions and organizations shall be eligible2 7#d7 in subsection 7c7-- 7,a7 in the matter preceding paragraph 7#a71 by inserting 1 with preference given to policy research centers having extensive databases1 models1 and demonstrated experience in providing ,congress with agricultural market projections1 rural development analysis1 agricultural policy analysis1 and baseline projections at the farm1 multiregional1 national1 and international levels1 after with this section2 and 7,b7 in paragraph 7#b7 by inserting applied after theoretical2 and 7#e7 by striking subsection 7d7 and inserting the following3 7d7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #e1jjj1jjj for fiscal year #bjab and each fiscal year thereafter4 4 #gajf4 ,education grants to ,alaska ,native serving institutions and ,native ,hawaiian serving institutions ,section #adai;,b of the ,national ,agricultural ,research1 ,extension1 and ,teaching ,policy ,act of #aigg 7#g ,u4,s4,c4 #caef7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by striking 7or grants without regard to any requirement for competition72 and 7,b7 in paragraph 7#c71 by striking #bjab and inserting #bjah2 and 7#b7 in subsection 7b77#a71 by striking 7or grants without regard to any requirement for competition72 and 7#c7 in paragraph 7#c71 by striking #bjab and inserting #bjah4 #gajg4 ,nutrition education program ,section #adbe7;f7 of the ,national ,agricultural ,research1 ,extension1 and ,teaching ,policy ,act of #aigg 7#g ,u4,s4,c4 #cage7;f77 is amended by striking #bjab and inserting #bjah4 #gajh4 ,continuing animal health and disease research programs ,section #adcc of the ,national ,agricultural ,research1 ,extension1 and ,teaching ,policy ,act of #aigg 7#g ,u4,s4,c4 #caie7 is amended by striking the section designation and heading and all that follows through subsection 7a7 and inserting the following3 #adcc4 ,appropriations for continuing animal health and disease research programs 7a7 ,authorization of appropriations 7#a7 ,in general ,there are authorized to be appropriated to support continuing animal health and disease research programs at eligible institutions such sums as are necessary1 but not to exceed #be1jjj1jjj for each of fiscal years #aiia through #bjah4 7#b7 ,use of funds ,funds made available under this section shall be used-- 7,a7 to meet the expenses of conducting animal health and disease research1 publishing and disseminating the results of such research1 and contributing to the retirement of employees subject to the ,act of ,march #d1 #aidj 7#g ,u4,s4,c4 #cca72 7,b7 for administrative planning and direction2 and 7,c7 to purchase equipment and supplies necessary for conducting research described in subparagraph 7,a74 4 #gaji4 ,grants to upgrade agricultural and food sciences facilities at #ahij land-grant colleges1 including ,tuskegee ,university ,section #addg7;b7 of the ,national ,agricultural ,research1 ,extension1 and ,teaching ,policy ,act of #aigg 7#g ,u4,s4,c4 #cbbb;b7b77 is amended by striking #bjab and inserting #bjah4 #gaaj4 ,grants to upgrade agricultural and food sciences facilities and equipment at insular area land-grant institutions ,section #addg;,b7d7 of the ,national ,agricultural ,research1 ,extension1 and ,teaching ,policy ,act of #aigg 7#g ,u4,s4,c4 #cbbb;b-#b7;d77 is amended by striking #bjab and inserting #bjah4 #gaaa4 ,hispanic-serving institutions ,section #adee7;c7 of the ,national ,agricultural ,research1 ,extension1 and ,teaching ,policy ,act of #aigg 7#g ,u4,s4,c4 #cbda7;c77 is amended by striking #bjab and inserting #bjah4 #gaab4 ,competitive grants for international agricultural science and education programs ,section #adei;,a of the ,national ,agricultural ,research1 ,extension1 and ,teaching ,policy ,act of #aigg 7#g ,u4,s4,c4 #cbib;b7 is amended by striking subsection 7c7 and inserting the following3 7c7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section-- 7#a7 such sums as are necessary for each of fiscal years #aiii through #bjac2 and 7#b7 #e1jjj1jjj for each of fiscal years #bjad through #bjah4 4 #gaac4 ,university research ,section #adfc of the ,national ,agricultural ,research1 ,extension1 and ,teaching ,policy ,act of #aigg 7#g ,u4,s4,c4 #ccaa7 is amended in each of subsections 7a7 and 7b7 by striking #bjab each place it appears and inserting #bjah4 #gaad4 ,extension service ,section #adfd of the ,national ,agricultural ,research1 ,extension1 and ,teaching ,policy ,act of #aigg 7#g ,u4,s4,c4 #ccab7 is amended by striking #bjab and inserting #bjah4 #gaae4 ,supplemental and alternative crops 7a7 ,authorization of appropriations and termination ,section #adgc;,d of the ,national ,agricultural ,research1 ,extension1 and ,teaching ,policy ,act of #aigg 7#g ,u4,s4,c4 #ccai;d7 is amended-- 7#a7 in subsection 7a71 by striking #bjab and inserting #bjah2 and 7#b7 by adding at the end the following3 7e7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section-- 7#a7 such sums as are necessary for each of fiscal years #bjab and #bjac2 and 7#b7 #a1jjj1jjj for each of fiscal years #bjad through #bjah4 4 7b7 ,competitive grants ,section #adgc;,d7c77#a7 of the ,national ,agricultural ,research1 ,extension1 and ,teaching ,policy ,act of #aigg 7#g ,u4,s4,c4 #ccai;d7c77#a77 is amended by striking use such research funding1 special or competitive grants1 or other means1 as the ,secretary determines1 and inserting make competitive grants4 #gaaf4 ,capacity building grants for ,,nlgca institutions ,section #adgc;,f7b7 of the ,national ,agricultural ,research1 ,extension1 and ,teaching ,policy ,act of #aigg 7#g ,u4,s4,c4 #ccai;i7b77 is amended by striking #bjab and inserting #bjah4 #gaag4 ,aquaculture assistance programs 7a7 ,competitive grants ,section #adge7;b7 of the ,national ,agricultural ,research1 ,extension1 and ,teaching ,policy ,act of #aigg 7#g ,u4,s4,c4 #ccbb7;b77 is amended in the matter preceding paragraph 7#a7 by inserting competitive before grants4 7b7 ,authorization of appropriations ,section #adgg of the ,national ,agricultural ,research1 ,extension1 and ,teaching ,policy ,act of #aigg 7#g ,u4,s4,c4 #ccbd7 is amended to read as follows3 #adgg4 ,authorization of appropriations 7a7 ,in general ,there are authorized to be appropriated to carry out this subtitle-- 7#a7 #g1ejj1jjj for each of fiscal years #aiia through #bjac2 and 7#b7 #e1jjj1jjj for each of fiscal years #bjad through #bjah4 7b7 ,prohibition on use ,funds made available under this section may not be used to acquire or construct a building4 4 #gaah4 ,rangeland research programs ,section #adhc7;a7 of the ,national ,agricultural ,research1 ,extension1 and ,teaching ,policy ,act of #aigg 7#g ,u4,s4,c4 #cccf7;a77 is amended by striking subtitle and all that follows and inserting the following3 subtitle-- 7#a7 #aj1jjj1jjj for each of fiscal years #aiia through #bjac2 and 7#b7 #b1jjj1jjj for each of fiscal years #bjad through #bjah4 4 #gaai4 ,special authorization for biosecurity planning and response ,section #adhd7;a7 of the ,national ,agricultural ,research1 ,extension1 and ,teaching ,policy ,act of #aigg 7#g ,u4,s4,c4 #ccea7;a77 is amended by striking response such sums as are necessary and all that follows and inserting the following3 response-- 7#a7 such sums as are necessary for each of fiscal years #bjjb through #bjac2 and 7#b7 #bj1jjj1jjj for each of fiscal years #bjad through #bjah4 4 #gabj4 ,distance education and resident instruction grants program for insular area institutions of higher education 7a7 ,distance education grants for insular areas 7#a7 ,competitive grants ,section #adij7;a7 of the ,national ,agricultural ,research1 ,extension1 and ,teaching ,policy ,act of #aigg 7#g ,u4,s4,c4 #ccfb7;a77 is amended by striking or noncompetitive4 7#b7 ,authorization of appropriations ,section #adij7;f7 of the ,national ,agricultural ,research1 ,extension1 and ,teaching ,policy ,act of #aigg 7#g ,u4,s4,c4 #ccfb7;f77 is amended by striking section and all that follows and inserting the following3 section-- 7#a7 such sums as are necessary for each of fiscal years #bjjb through #bjac2 and 7#b7 #b1jjj1jjj for each of fiscal years #bjad through #bjah4 4 7b7 ,resident instruction grants for insular areas ,section #adia7;c7 of the ,national ,agricultural ,research1 ,extension1 and ,teaching ,policy ,act of #aigg 7#g ,u4,s4,c4 #ccfc7;c77 is amended by striking such sums as are necessary and all that follows and inserting the following3 to carry out this section-- 7#a7 such sums as are necessary for each of fiscal years #bjjb through #bjac2 and 7#b7 #b1jjj1jjj for each of fiscal years #bjad through #bjah4 4 ,b ,food1 ,agriculture1 ,conservation1 and ,trade ,act of #aiij #gbja4 ,best utilization of biological applications ,section #afbd of the ,food1 ,agriculture1 ,conservation1 and ,trade ,act of #aiij 7#g ,u4,s4,c4 #ehad7 is amended-- 7#a7 by striking #dj1jjj1jjj for each fiscal year2 and 7#b7 by inserting #dj1jjj1jjj for each of fiscal years #bjad through #bjah after chapter4 #gbjb4 ,integrated management systems ,section #afbg of the ,food1 ,agriculture1 ,conservation1 and ,trade ,act of #aiij 7#g ,u4,s4,c4 #ehba7 is amended by striking subsection 7d7 and inserting the following3 7d7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section through the ,national ,institute of ,food and ,agriculture #bj1jjj1jjj for each of fiscal years #bjad through #bjah4 4 #gbjc4 ,sustainable agriculture technology development and transfer program ,section #afbh of the ,food1 ,agriculture1 ,conservation1 and ,trade ,act of #aiij 7#g ,u4,s4,c4 #ehca7 is amended by striking subsection 7f7 and inserting the following3 7f7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section such sums as are necessary for each of fiscal years #bjad through #bjah4 4 #gbjd4 ,national ,training ,program ,section #afbi of the ,food1 ,agriculture1 ,conservation1 and ,trade ,act of #aiij 7#g ,u4,s4,c4 #ehcb7 is amended by striking subsection 7i7 and inserting the following3 7i7 ,authorization of appropriations ,there is authorized to be appropriated to carry out the ,national ,training ,program #bj1jjj1jjj for each of fiscal years #bjad through #bjah4 4 #gbje4 ,national ,genetics ,resources ,program ,section #afce7;b7 of the ,food1 ,agriculture1 ,conservation1 and ,trade ,act of #aiij 7#g ,u4,s4,c4 #ehdd7;b77 is amended-- 7#a7 by striking such funds as may be necessary2 and 7#b7 by striking subtitle and all that follows and inserting the following3 subtitle-- 7#a7 such sums as are necessary for each of fiscal years #aiia through #bjac2 and 7#b7 #a1jjj1jjj for each of fiscal years #bjad through #bjah4 4 #gbjf4 ,national ,agricultural ,weather ,information ,system ,section #afda7;c7 of the ,food1 ,agriculture1 ,conservation1 and ,trade ,act of #aiij 7#g ,u4,s4,c4 #ehee7;c77 is amended by inserting and #a1jjj1jjj for each of fiscal years #bjad through #bjah before the period at the end4 #gbjg4 ,high-priority research and extension initiatives ,section #afgb of the ,food1 ,agriculture1 ,conservation1 and ,trade ,act of #aiij 7#g ,u4,s4,c4 #eibe7 is amended-- 7#a7 in the first sentence of subsection 7a71 by striking subsections 7e7 through 7i7 of2 7#b7 in subsection 7b77#b7-- 7,a7 by striking the first sentence and inserting the following3 7,a7 ,in general ,to facilitate the making of research and extension grants under subsection 7d71 the ,secretary may appoint a task force to make recommendations to the ,secretary4 2 and 7,b7 in the second sentence1 by striking ,the ,secretary may not incur costs in excess of #a1jjj for any fiscal year in connection with each and inserting the following3 7,b7 ,costs ,the ,secretary may not incur costs in excess of #a1jjj for any fiscal year in connection with a 2 7#c7 in subsection 7e7-- 7,a7 by striking paragraphs 7#a7 through 7#e71 7#g71 7#h71 7#aa7 through 7#ci71 7#da7 through 7#dc71 7#dg71 7#dh71 7#ea71 and 7#eb72 7,b7 by redesignating paragraphs 7#f71 7#i71 7#aj71 7#dj71 7#dd71 7#de71 7#df71 7#di71 and 7#ej7 as paragraphs 7#a71 7#b71 7#c71 7#d71 7#e71 7#f71 7#g71 7#h71 and 7#i71 respectively2 and 7,c7 by adding at the end the following3 7#aj7 ,corn1 soybean meal1 cereal grains1 and grain byproducts research and extension ,research and extension grants may be made under this section for the purpose of carrying out or enhancing research to improve the digestibility1 nutritional value1 and efficiency of use of corn1 soybean meal1 cereal grains1 and grain byproducts for the poultry and food animal production industries4 2 7#d7 by striking subsections 7f71 7g71 and 7i72 7#e7 by inserting after subsection 7e7 the following3 7f7 ,pulse health initiative 7#a7 ,definitions ,in this subsection2 7,a7 ,initiative ,the term ,initiative means the pulse health initiative established by paragraph 7#b74 7,b7 ,pulse ,the term pulse means dry beans1 dry peas1 lentils1 and chickpeas or garbanzo beans4 7#b7 ,establishment ,notwithstanding any other provision of law1 during the period beginning on the date of enactment of the ,agriculture ,reform1 ,food1 and ,jobs ,act of #bjac and ending on ,september #cj1 #bjah1 the ,secretary shall carry out a pulse crop health and extension initiative to address the critical needs of the pulse crop industry by developing and disseminating science-based tools and information1 including-- 7,a7 research in health and nutrition1 such as-- 7i7 identifying global dietary patterns of pulse crops in relation to population health2 7ii7 researching pulse crop diets and the ability of the diets to reduce obesity and associated chronic disease 7including cardiovascular disease1 type #b diabetes1 and cancer72 and 7iii7 identifying the underlying mechanisms of the health benefits of pulse crop consumption 7including disease biomarkers1 bioactive components1 and relevant plant genetic components to enhance the health promoting value of pulse crops72 7,b7 research in functionality1 such as-- 7i7 improving the functional properties of pulse crops and pulse fractions2 7ii7 developing new and innovative technologies to improve pulse crops as an ingredient in food products2 and 7iii7 developing nutrient-dense food product solutions to ameliorate chronic disease and enhance food security worldwide2 7,c7 research in sustainability to enhance global food security1 such as-- 7i7 plant breeding1 genetics and genomics to improve productivity1 nutrient density1 and phytonutrient content for a growing world population2 7ii7 pest and disease management1 including resistance to pests and diseases resulting in reduced application management strategies2 and 7iii7 improving nitrogen fixation to reduce the carbon and energy footprint of agriculture2 7,d7 optimizing pulse cropping systems to reduce water usage2 and 7,e7 education and technical service1 such as-- 7i7 providing technical expertise to help food companies include nutrient-dense pulse crops in innovative and healthy foods2 and 7ii7 establishing an educational program to encourage the consumption and production of pulse crops in the ,united ,states and other countries4 7#c7 ,eligible entities ,the ,secretary may carry out the ,initiative through-- 7,a7 ,federal agencies1 including the ,agricultural ,research ,service and the ,national ,institute of ,food and ,agriculture2 7,b7 ,national ,laboratories2 7,c7 institutions of higher education2 7,d7 research institutions or organizations2 7,e7 private organizations or corporations2 7,f7 ,state agricultural experiment stations2 7,g7 individuals2 or 7,h7 groups consisting of #b or more entities or individuals described in subparagraphs 7,a7 through 7,g74 7#d7 ,research project grants 7,a7 ,in general ,in carrying out this subsection1 the ,secretary shall award grants on a competitive basis4 7,b7 ,in general ,the ,secretary shall-- 7i7 seek and accept proposals for grants2 7ii7 determine the relevance and merit of proposals through a system of peer review1 in consultation with the pulse crop industry2 and 7iii7 award grants on the basis of merit1 quality1 and relevance4 7,c7 ,priorities ,in making grants under this subsection1 the ,secretary shall provide a higher priority to projects that-- 7i7 are multistate1 multiinstitutional1 and multidisciplinary2 and 7ii7 include explicit mechanisms to communicate results to the pulse crop industry and the public4 7#e7 ,authorization of ,appropriations ,there is authorized to be appropriated to carry out this subsection #be1jjj1jjj for each of fiscal years #bjad through #bjah4 7g7 ,training coordination for food and agriculture protection 7#a7 ,in general ,the ,secretary shall make grants and enter into contracts or cooperative agreements with eligible entities described in paragraph 7#b7 for the purposes of establishing a ,comprehensive ,food ,safety ,training ,network4 7#b7 ,eligibility 7,a7 ,in general ,for purposes of this subsection1 an eligible entity is a multiinstitutional consortium that includes-- 7i7 a nonprofit institution that provides administering food protection training2 and 7ii7 #a or more training centers in institutions of higher education that have demonstrated expertise in developing and delivering community-based training in food and agricultural safety and defense4 7,b7 ,requirements ,to ensure that coordination and administration is provided across all the disciplines and provide comprehensive food protection training1 the ,secretary may only consider an entire consortium collectively rather than on an institution-by-institution basis4 7,c7 ,membership ,an eligible entity may alter the consortium membership to meet specific training expertise needs4 7#c7 ,duties of eligible entity ,as a condition of the receipt of assistance under this subsection1 an eligible entity1 in cooperation with the ,secretary1 shall establish and maintain the network for an internationally integrated training system to enhance protection of the ,united ,states food supply1 including1 at a minimum-- 7,a7 developing curricula and a training network to provide basic1 technical1 management1 and leadership training to regulatory and public health officials1 producers1 processors1 and other agrifood businesses2 7,b7 serving as the hub for the administration of an open training network2 7,c7 implementing standards to ensure the delivery of quality training through a national curricula2 7,d7 building and overseeing a nationally recognized instructor cadre to ensure the availability of highly qualified instructors2 7,e7 reviewing training proposed through the ,national ,institute of ,food and ,agriculture and other relevant ,federal agencies that report to the ,secretary on the quality and content of proposed and existing courses2 7,f7 assisting ,federal agencies in the implementation of food protection training requirements including requirements contained in the ,agriculture ,reform1 ,food1 and ,jobs ,act of #bjac1 the ,,fda ,food ,safety ,modernization ,act 7,public ,law #aaa-cec2 #abd ,stat4 #chhe71 and amendments made by those ,acts2 and 7,g7 performing evaluation and outcome-based studies to provide to the ,secretary feedback on the effectiveness and impact of training and metrics on jurisdictions and sectors within the food safety system4 7#d7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #bj1jjj1jjj for each of fiscal years #bjad through #bjah1 to remain available until expended4 2 7#f7 in subsection 7h71 by striking #bjab each place it appears and inserting #bjah2 7#g7 by redesignating subsection 7j7 as subsection 7i72 and 7#h7 in subsection 7i7 7as so redesignated71 by striking #bjab and inserting #bjah4 #gbjh4 ,organic agriculture research and extension initiative ,section #afgb;,b of the ,food1 ,agriculture1 ,conservation1 and ,trade ,act of #aiij 7#g ,u4,s4,c4 #eibe;b7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in the matter preceding paragraph 7#a71 by inserting 1 education1 after support research2 7,b7 in paragraph 7#a71 by inserting and improvement after development2 7,c7 in paragraph 7#b71 by striking to producers and processors who use organic methods and inserting of organic agricultural production and methods to producers1 processors1 and rural communities2 7,d7 in paragraph 7#e71 by inserting and researching solutions to after identifying2 and 7,e7 in paragraph 7#f71 by striking and marketing and inserting 1 marketing1 and food safety2 7#b7 by striking subsection 7e72 7#c7 by redesignating subsection 7f7 as subsection 7e72 and 7#d7 in paragraph 7#a7 of subsection 7e7 7as so redesignated7-- 7,a7 in the heading1 by striking for fiscal years #bjjh through #bjab2 7,b7 in subparagraph 7,a71 by striking and at the end2 7,c7 in subparagraph 7,b71 by striking the period at the end and inserting 2 and2 and 7,d7 by adding at the end the following3 7,c7 #af1jjj1jjj for each of fiscal years #bjad through #bjah4 4 #gbji4 ,farm business management ,section #afgb;,d7d7 of the ,food1 ,agriculture1 ,conservation1 and ,trade ,act of #aiij 7#g ,u4,s4,c4 #eibe;f7d77 is amended by striking such sums as are necessary to carry out this section4 and inserting the following3 to carry out this section-- 7#a7 such sums as are necessary for fiscal year #bjac2 and 7#b7 #e1jjj1jjj for each of fiscal years #bjad through #bjah4 4 #gbaj4 ,regional centers of excellence ,subtitle ,h of the ,food1 ,agriculture1 ,conservation1 and ,trade ,act of #aiij is amended by inserting after section #afgb;,d 7#g ,u4,s4,c4 #eibe7 the following3 #afgc4 ,regional centers of excellence 7a7 ,establishment ,the ,secretary may prioritize regional centers of excellence established for specific agricultural commodities for the receipt of funding4 7b7 ,composition ,a regional center of excellence shall be composed of #a or more colleges and universities 7including land-grant institutions1 schools of forestry1 schools of veterinary medicine1 or ,,nlgca ,institutions 7as defined in section #adjd of the ,national ,agricultural ,research1 ,extension1 and ,teaching ,policy ,act of #aigg 7#g ,u4,s4,c4 #cajc777 that provide financial support to the regional center of excellence4 7c7 ,criteria for regional centers of excellence ,the criteria for consideration to be a regional center of excellence shall include efforts-- 7#a7 to ensure coordination and cost-effectiveness by reducing unnecessarily duplicative efforts regarding research1 teaching1 and extension2 7#b7 to leverage available resources by using public_/private partnerships among agricultural industry groups1 institutions of higher education1 and the ,federal ,government2 7#c7 to implement teaching initiatives to increase awareness and effectively disseminate solutions to target audiences through extension activities2 7#d7 to increase the economic returns to rural communities by identifying1 attracting1 and directing funds to high-priority agricultural issues2 and 7#e7 to improve teaching capacity and infrastructure at colleges and universities 7including land-grant institutions1 schools of forestry1 and schools of veterinary medicine1 and ,,nlgca ,institutions74 7d7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #aj1jjj1jjj for each of fiscal years #bjad through #bjah4 4 #gbaa4 ,assistive technology program for farmers with disabilities ,section #afhj7;c77#a7 of the ,food1 ,agriculture1 ,conservation1 and ,trade ,act of #aiij 7#g ,u4,s4,c4 #eicc7;c77#a77 is amended-- 7#a7 by striking is and inserting are2 and 7#b7 by striking section and all that follows and inserting the following3 section-- 7,a7 #f1jjj1jjj for each of fiscal years #aiii through #bjac2 and 7,b7 #e1jjj1jjj for each of fiscal years #bjad through #bjah4 4 #gbab4 ,national rural information center clearinghouse ,section #bcha7;e7 of the ,food1 ,agriculture1 ,conservation1 and ,trade ,act of #aiij 7#g ,u4,s4,c4 #cabe;b7e77 is amended by striking #bjab and inserting #bjah4 ,c ,agricultural ,research1 ,extension1 and ,education ,reform ,act of #aiih #gcja4 ,relevance and merit of agricultural research1 extension1 and education funded by the ,department ,section #ajc7;a77#b7 of the ,agricultural ,research1 ,extension1 and ,education ,reform ,act of #aiih 7#g ,u4,s4,c4 #gfac7;a77#b77 is amended-- 7#a7 by striking the paragraph designation and heading and inserting the following3 7#b7 ,relevance and merit review of research1 extension1 and education grants 2 7#b7 in subparagraph 7,a7-- 7,a7 by inserting relevance and before merit2 and 7,b7 by striking extension or education and inserting1 research1 extension1 or education2 and 7#c7 in subparagraph 7,b7 by inserting on a continuous basis after procedures4 #gcjb4 ,integrated research1 education1 and extension competitive grants program ,section #djf7;f7 of the ,agricultural ,research1 ,extension1 and ,education ,reform ,act of #aiih 7#g ,u4,s4,c4 #gfbf7;f77 is amended by striking #bjab and inserting #bjah4 #gcjc4 ,support for research regarding diseases of wheat1 triticale1 and barley caused by ,fusarium graminearum or by ,tilletia indica ,section #djh7;e7 of the ,agricultural ,research1 ,extension1 and ,education ,reform ,act of #aiih 7#g ,u4,s4,c4 #gfbh7;e77 is amended by striking such sums as may be necessary for each of fiscal years #aiii through #bjab and inserting #aj1jjj1jjj for each of fiscal years #bjad through #bjah4 #gcjd4 ,grants for youth organizations ,section #daj7;d7 of the ,agricultural ,research1 ,extension1 and ,education ,reform ,act of #aiih 7#g ,u4,s4,c4 #gfcj7;d77 is amended by striking section such sums as are necessary and all that follows and inserting the following3 section-- 7#a7 such sums as are necessary for each of fiscal years #bjjh through #bjac2 and 7#b7 #c1jjj1jjj for each of fiscal years #bjad through #bjah4 4 #gcje4 ,specialty crop research initiative ,section #dab of the ,agricultural ,research1 ,extension1 and ,education ,reform ,act of #aiih 7#g ,u4,s4,c4 #gfcb7 is amended-- 7#a7 in subsection 7b77#c71 by inserting handling and processing1 after production efficiency12 7#b7 in subsection 7e7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,b71 by striking and at the end2 7ii7 in subparagraph 7,c71 by striking the period at the end and inserting 2 and2 and 7iii7 by inserting after subparagraph 7,c7 the following3 7,d7 consult with the specialty crops committee authorized under section #adjh;,a of the ,national ,agricultural ,research1 ,extension1 and ,teaching ,policy ,act of #aigg 7#g ,u4,s4,c4 #cabc;a7 during the peer and merit review process4 2 and 7,b7 in paragraph 7#c71 by striking non-,federal and all that follows through the end of the paragraph and inserting other sources in an amount that is at least equal to the amount provided by a grant received under this section42 and 7#c7 in subsection 7h71 by striking paragraph 7#c7 and inserting the following3 7#c7 ,subsequent funding ,of the funds of the ,commodity ,credit ,corporation1 the ,secretary shall make available to carry out this section-- 7,a7 #be1jjj1jjj for fiscal year #bjad2 7,b7 #cj1jjj1jjj for each of fiscal years #bjae and #bjaf2 7,c7 #fe1jjj1jjj for fiscal year #bjag2 and 7,d7 #ej1jjj1jjj for fiscal year #bjah and each fiscal year thereafter4 4 #gcjf4 ,food animal residue avoidance database program ,section #fjd7;e7 of the ,agricultural ,research1 ,extension1 and ,education ,reform ,act of #aiih 7#g ,u4,s4,c4 #gfdb7;e77 is amended by striking #bjab and inserting #bjah4 #gcjg4 ,office of pest management policy ,section #fad7;f7 of the ,agricultural ,research1 ,extension1 and ,education ,reform ,act of #aiih 7#g ,u4,s4,c4 #gfec7;f77 is amended-- 7#a7 by striking such sums as are necessary2 and 7#b7 by striking section and all that follows and inserting the following3 section-- 7#a7 such sums as are necessary for each of fiscal years #aiii through #bjac2 and 7#b7 #c1jjj1jjj for each of fiscal years #bjad through #bjah4 4 #gcjh4 ,authorization of regional integrated pest management centers ,subtitle ,b of title ,,vi of the ,agricultural ,research1 ,extension1 and ,education ,reform ,act of #aiih 7#g ,u4,s4,c4 #gfea et seq47 is amended by adding at the end the following3 #fba4 ,authorization of regional integrated pest management centers 7a7 ,in general ,there are established #d regional integrated pest management centers 7referred to in this section as the ,centers71 which shall be located at such specific locations in the north central1 northeastern1 southern1 and western regions of the ,united ,states as the ,secretary shall specify4 7b7 ,purposes ,the purposes of the ,centers shall be-- 7#a7 to strengthen the connection of the ,department with production agriculture1 research1 and extension programs1 and agricultural stakeholders throughout the ,united ,states2 7#b7 to increase the effectiveness of providing pest management solutions for the private and public sectors2 7#c7 to quickly respond to information needs of the public and private sectors2 and 7#d7 to improve communication among the relevant stakeholders4 7c7 ,duties ,in meeting the purposes described in subsection 7b7 and otherwise carrying out this section1 the ,centers shall-- 7#a7 develop regional strategies to address pest management needs2 7#b7 assist the ,department and partner institutions of the ,department in identifying1 prioritizing1 and coordinating a national pest management research1 extension1 and education program implemented on a regional basis2 7#c7 establish a national pest management communication network that includes-- 7,a7 the agencies of the ,department and other government agencies2 7,b7 scientists at institutions of higher education2 and 7,c7 stakeholders focusing on pest management issues2 7#d7 serve as regional hubs responsible for ensuring efficient access to pest management expertise and data available through institutions of higher education2 and 7#e7 on behalf of the ,department1 manage grants that can be most effectively and efficiently delivered at the regional level1 as determined by the ,secretary4 4 ,d ,other ,laws #gdja4 ,critical ,agricultural ,materials ,act ,section #af7;a7 of the ,critical ,agricultural ,materials ,act 7#g ,u4,s4,c4 #aghn7a77 is amended-- 7#a7 by striking such sums as are necessary2 and 7#b7 by striking ,act and all that follows and inserting the following3 ,act-- 7#a7 such sums as are necessary for each of fiscal years #aiia through #bjac2 and 7#b7 #b1jjj1jjj for each of fiscal years #bjad through #bjah4 4 #gdjb4 ,equity in ,educational ,land-,grant ,status ,act of #aiid 7a7 ,definition of #aiid institutions ,section #ecb of the ,equity in ,educational ,land-,grant ,status ,act of #aiid 7#g ,u4,s4,c4 #cja note2 ,public ,law #ajc-chb7 is amended to read as follows3 #ecb4 ,definition of #aiid ,institutions ,in this part1 the term #aiid ,institutions means any #a of the following3 7#a7 ,aaniiih ,nakoda ,college4 7#b7 ,bay ,mills ,community ,college4 7#c7 ,blackfeet ,community ,college4 7#d7 ,cankdeska ,cikana ,community ,college4 7#e7 ,chief ,dull ,knife ,memorial ,college4 7#f7 ,college of ,menominee ,nation4 7#g7 ,college of the ,muscogee ,nation4 7#h7 ,comanche ,nation ,college4 7#i7 ,d-,q ,university4 7#aj7 ,dine ,college4 7#aa7 ,fond du ,lac ,tribal and ,community ,college4 7#ab7 ,fort ,berthold ,community ,college4 7#ac7 ,fort ,peck ,community ,college4 7#ad7 ,haskell ,indian ,nations ,university4 7#ae7 ,ilisagvik ,college4 7#af7 ,institute of ,american ,indian and ,alaska ,native ,culture and ,arts ,development4 7#ag7 ,keweenaw ,bay ,ojibwa ,community ,college4 7#ah7 ,lac ,courte ,oreilles ,ojibwa ,community ,college4 7#ai7 ,leech ,lake ,tribal ,college4 7#bj7 ,little ,big ,horn ,college4 7#ba7 ,little ,priest ,tribal ,college4 7#bb7 ,navajo ,technical ,college4 7#bc7 ,nebraska ,indian ,community ,college4 7#bd7 ,northwest ,indian ,college4 7#be7 ,oglala ,lakota ,college4 7#bf7 ,saginaw ,chippewa ,tribal ,college4 7#bg7 ,salish ,kootenai ,college4 7#bh7 ,sinte ,gleska ,university4 7#bi7 ,sisseton ,wahpeton ,college4 7#cj7 ,sitting ,bull ,college4 7#ca7 ,southwestern ,indian ,polytechnic ,institute4 7#cb7 ,stone ,child ,college4 7#cc7 ,tohono ,o'odham ,community ,college4 7#cd7 ,turtle ,mountain ,community ,college4 7#ce7 ,united ,tribes ,technical ,college4 7#cf7 ,white ,earth ,tribal and ,community ,college4 4 7b7 ,endowment for #aiid institutions 7#a7 ,in general ,section #ecc of the ,equity in ,educational ,land-,grant ,status ,act of #aiid 7#g ,u4,s4,c4 #cja note2 ,public ,law #ajc-chb7 is amended-- 7,a7 in subsection 7a77#b77;,a77ii71 by striking of such ,act as added by section #ecd7;b77#a7 of this part and inserting of that ,act 7#g ,u4,s4,c4 #cdc7;b77#c77 and for programs for children1 youth1 and families at risk and for ,federally recognized tribes implemented under section #c7;d7 of that ,act 7#g ,u4,s4,c4 #cdc7;d772 and 7,b7 in subsection 7b71 in the first sentence by striking #bjab and inserting #bjah4 7#b7 ,conforming amendment ,section #c7;d7 of the ,smith-,lever ,act 7#g ,u4,s4,c4 #cdc7;d77 is amended in the second sentence by inserting and1 in the case of programs for children1 youth1 and families at risk and for ,federally recognized tribes1 the #aiid ,institutions 7as defined in section #ecb of the ,equity in ,educational ,land-,grant ,status ,act of #aiid 7#g ,u4,s4,c4 #cja note2 ,public ,law #ajc-chb771 before may compete for4 7c7 ,institutional ,capacity ,building ,grants ,section #ece of the ,equity in ,educational ,land-,grant ,status ,act of #aiid 7#g ,u4,s4,c4 #cja note2 ,public ,law #ajc-chb7 is amended by striking #bjab each place it appears in subsections 7b77#a7 and 7c7 and inserting #bjah4 7d7 ,research grants 7#a7 ,authorization of appropriations ,section #ecf7;c7 of the ,equity in ,educational ,land-,grant ,status ,act of #aiid 7#g ,u4,s4,c4 #cja note2 ,public ,law #ajc-chb7 is amended in the first sentence by striking #bjab and inserting #bjah4 7#b7 ,research grant requirements ,section #ecf7;b7 of the ,equity in ,educational ,land-,grant ,status ,act of #aiid 7#g ,u4,s4,c4 #cja note2 ,public ,law #ajc-chb7 is amended by striking with at least #a other land-grant college or university and all that follows and inserting the following3 with-- 7#a7 the ,agricultural ,research ,service of the ,department of ,agriculture2 or 7#b7 at least #a-- 7,a7 other land-grant college or university 7exclusive of another #aiid ,institution72 7,b7 non-land-grant college of agriculture 7as defined in section #adjd of the ,national ,agricultural ,research1 ,extension1 and ,teaching ,policy ,act of #aigg 7#g ,u4,s4,c4 #cajc772 or 7,c7 cooperating forestry school 7as defined in that section74 4 7e7 ,effective date ,the amendments made by subsections 7a71 7b71 and 7d77#b7 take effect on ,october #a1 #bjac4 #gdjc4 ,research ,facilities ,act ,section #f7;a7 of the ,research ,facilities ,act 7#g ,u4,s4,c4 #cij;d7a77 is amended by striking #bjab and inserting #bjah4 #gdjd4 ,competitive1 ,special1 and ,facilities ,research ,grant ,act ,section #b of the ,competitive1 ,special1 and ,facilities ,research ,grant ,act 7#g ,u4,s4,c4 #dej;i7 is amended-- 7#a7 in subsection 7b77#aa77;,a71 in the matter preceding clause 7i71 by striking #bjab and inserting #bjah2 and 7#b7 by adding at the end the following3 7l7 ,streamlining grant application process ,not later than #a year after the date of enactment of this subsection1 the ,secretary shall submit to ,congress a report that includes-- 7#a7 an analysis of barriers that exist in the competitive grants process administered by the ,national ,institute of ,food and ,agriculture that prevent eligible institutions and organizations with limited institutional capacity from successfully applying and competing for competitive grants2 and 7#b7 specific recommendations for future steps that the ,department can take to streamline the competitive grants application process so as to remove the barriers and increase the success rates of applicants described in paragraph 7#a74 4 #gdje4 ,enhanced use lease authority pilot program under ,department of ,agriculture ,reorganization ,act of #aiid ,section #cjh7;b77#f7 of the ,department of ,agriculture ,reorganization ,act of #aiid 7#g ,u4,s4,c4 #cabe;a note2 ,public ,law #ajc-ced7 is amended by striking subparagraph 7,a7 and inserting the following3 7,a7 on ,september #cj1 #bjah2 or 4 #gdjf4 ,renewable ,resources ,extension ,act of #aigh 7a7 ,authorization of appropriations ,section #f of the ,renewable ,resources ,extension ,act of #aigh 7#af ,u4,s4,c4 #afge7 is amended in the first sentence by striking #bjab and inserting #bjah4 7b7 ,termination date ,section #h of the ,renewable ,resources ,extension ,act of #aigh 7#af ,u4,s4,c4 #afga note2 ,public ,law #ie-cjf7 is amended by striking #bjab and inserting #bjah4 #gdjg4 ,national ,aquaculture ,act of #aihj ,section #aj of the ,national ,aquaculture ,act of #aihj 7#af ,u4,s4,c4 #bhji7 is amended by striking #bjab each place it appears and inserting #bjah4 #gdjh4 ,beginning farmer and rancher development program under ,farm ,security and ,rural ,investment ,act of #bjjb ,section #gdje of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #ccai;f7 is amended-- 7#a7 in subsection 7c77#h7-- 7,a7 in subparagraph 7,b71 by striking and at the end2 7,b7 in subparagraph 7,c71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7,d7 beginning farmers and ranchers who are veterans 7as defined in section #aja of title #ch1 ,united ,states ,code74 2 and 7#b7 by redesignating subsection 7h7 as subsection 7i72 7#c7 by inserting after subsection 7g7 the following3 7h7 ,state grants 7#a7 ,definition of eligible entity ,in this subsection1 the term eligible entity means-- 7,a7 an agency of a ,state or political subdivision of a ,state2 7,b7 a national1 ,state1 or regional organization of agricultural producers2 and 7,c7 any other entity determined appropriate by the ,secretary4 7#b7 ,grants ,the ,secretary shall use such sums as are necessary of funds made available to carry out this section for each fiscal year under subsection 7i7 to make grants to ,states1 on a competitive basis1 which ,states shall use the grants to make grants to eligible entities to establish and improve farm safety programs at the local level4 2 and 7#d7 in subsection 7i7 7as redesignated by paragraph 7#b77-- 7,a7 in paragraph 7#a7-- 7i7 in the heading1 by striking for fiscal years #bjji through #bjab2 7ii7 in subparagraph 7,a71 by striking and at the end2 7iii7 in subparagraph 7,b71 by striking the period at the end and inserting 2 and2 and 7iv7 by adding at the end the following3 7,c7 #ag1jjj1jjj for each of fiscal years #bjad through #bjah1 to remain available until expended4 2 7,b7 in paragraph 7#b7-- 7i7 in the heading1 by striking for fiscal years #bjji through #bjab2 and 7ii7 striking #bjab and inserting #bjah2 and 7,c7 by striking paragraph 7#c74 ,e ,food1 ,conservation1 and ,energy ,act of #bjjh ,i ,agricultural ,security #geja4 ,agricultural biosecurity communication center ,section #adaab of the ,food1 ,conservation1 and ,energy ,act of #bjjh 7#g ,u4,s4,c4 #hiab7 is amended by striking subsection 7c7 and inserting the following3 7c7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section-- 7#a7 such sums as are necessary for each of fiscal years #bjjh through #bjac2 and 7#b7 #b1jjj1jjj for each of fiscal years #bjad through #bjah4 4 #gejb4 ,assistance to build local capacity in agricultural biosecurity planning1 preparation1 and response ,section #adaac of the ,food1 ,conservation1 and ,energy ,act of #bjjh 7#g ,u4,s4,c4 #hiac7 is amended-- 7#a7 in subsection 7a77#b7-- 7,a7 by striking such sums as may be necessary2 and 7,b7 by striking subsection and all that follows and inserting the following3 subsection-- 7#a7 such sums as are necessary for each of fiscal years #bjjh through #bjac2 and 7#b7 #ae1jjj1jjj for each of fiscal years #bjad through #bjah4 2 and 7#b7 in subsection 7b77#b71 by striking is authorized to be appropriated to carry out this subsection and all that follows and inserting the following3 are authorized to be appropriated to carry out this subsection-- 7#a7 #be1jjj1jjj for each of fiscal years #bjjh through #bjac2 and 7#b7 #ae1jjj1jjj for each of fiscal years #bjad through #bjah4 4 #gejc4 ,research and development of agricultural countermeasures ,section #adaba7;b7 of the ,food1 ,conservation1 and ,energy ,act of #bjjh 7#g ,u4,s4,c4 #hiba7;b77 is amended by striking is authorized to be appropriated to carry out this section and all that follows and inserting the following3 are authorized to be appropriated to carry out this section-- 7#a7 #ej1jjj1jjj for each of fiscal years #bjjh through #bjac2 and 7#b7 #ae1jjj1jjj for each of fiscal years #bjad through #bjah4 4 #gejd4 ,agricultural biosecurity grant program ,section #adabb7;e7 of the ,food1 ,conservation1 and ,energy ,act of #bjjh 7#g ,u4,s4,c4 #hibb7;e77 is amended-- 7#a7 by striking such sums as are necessary2 and 7#b7 by striking section and all that follows and inserting the following3 section-- 7#a7 such sums as are necessary for each of fiscal years #bjjh through #bjac1 to remain available until expended2 and 7#b7 #e1jjj1jjj for each of fiscal years #bjad through #bjah1 to remain available until expended4 4 ,,ii ,miscellaneous #geaa4 ,grazinglands research laboratory ,section #gejb of the ,food1 ,conservation1 and ,energy ,act of #bjjh 7,public ,law #aaj-bdf2 #aab ,stat4 #bjai7 is amended by striking for the #e-year period beginning on the date of enactment of this ,act and inserting until ,september #cj1 #bjah4 #geab4 ,budget submission and funding ,section #gejf of the ,food1 ,conservation1 and ,energy ,act of #bjjh 7#g ,u4,s4,c4 #gfad;c7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking 7a7 ,definition of competitive programs4--,in this section1 the term2 and inserting the following3 7a7 ,definitions ,in this section3 7#a7 ,competitive programs ,the term 2 and 7,b7 by adding at the end the following3 7#b7 ,covered program ,the term covered program means-- 7,a7 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 ,president2 and 7,b7 each competitive program 7as defined in section #bea7;f77#a7 of the ,department of ,agriculture ,reorganization ,act of #aiid 7#g ,u4,s4,c4 #figa7;f77#a777 carried out by the ,national ,institute of ,food and ,agriculture for which annual appropriations are requested in the annual budget submission of the ,president4 7#c7 ,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 ,institute1 including the purpose1 eligibility1 restriction1 focus areas1 evaluation criteria1 regulatory information1 and instructions on how to apply for such opportunities4 2 and 7#b7 by adding at the end the following3 7e7 ,additional ,presidential budget submission requirement 7#a7 ,in general ,each year1 the ,president shall submit to ,congress1 together with the annual budget submission of the ,president1 the information described in paragraph 7#b7 for each funding request for a covered program4 7#b7 ,information described ,the information described in this paragraph includes-- 7,a7 baseline information1 including with respect to each covered program-- 7i7 the funding level for the program for the fiscal year preceding the year the annual budget submission of the ,president is submitted2 7ii7 the funding level requested in the annual budget submission of the ,president1 including any increase or decrease in the funding level2 and 7iii7 an explanation justifying any change from the funding level specified in clause 7i7 to the level specified in clause 7ii72 7,b7 with respect to each covered program that is carried out by the ,economic ,research ,service or the ,agricultural ,research ,service1 the location and staff years of the program2 7,c7 the proposed funding levels to be allocated to1 and the expected publication date1 scope1 and allocation level for1 each request for awards to be published under-- 7i7 each priority area specified in section #b7;b77#b7 of the ,competitive1 ,special1 and ,facilities ,research ,grant ,act 7#g ,u4,s4,c4 #dej;i7b77#b772 7ii7 each research and extension project carried out under section #afba7;a7 of the ,food1 ,agriculture1 ,conservation1 and ,trade ,act of #aiij 7#g ,u4,s4,c4 #ehaa7;a772 7iii7 each grant awarded under section #afgb;,b7a7 of the ,food1 ,agriculture1 ,conservation1 and ,trade ,act of #aiij 7#g ,u4,s4,c4 #eibe;b7a772 7iv7 each grant awarded under section #dab7;b7 of the ,agricultural ,research1 ,extension1 and ,education ,reform ,act of #aiih 7#g ,u4,s4,c4 #gfcb7;b772 and 7v7 each grant awarded under #gdje7;c77#a7 of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #ccai;f7c77#a772 or 7,d7 any other information the ,secretary determines will increase congressional oversight with respect to covered programs4 7#c7 ,prohibition ,unless the ,president submits the information described in paragraph 7#b77;,c7 for a fiscal year1 the ,president may not carry out any program during the fiscal year that is authorized under-- 7,a7 section #b7;b7 of the ,competitive1 ,special1 and ,facilities ,research ,grant ,act 7#g ,u4,s4,c4 #dej;i7b772 7,b7 section #afba of the ,food1 ,agriculture1 ,conservation1 and ,trade ,act of #aiij 7#g ,u4,s4,c4 #ehaa72 7,c7 section #afgb;,b of the ,food1 ,agriculture1 ,conservation1 and ,trade ,act of #aiij 7#g ,u4,s4,c4 #eibe;b72 7,d7 section #daa of the ,agricultural ,research1 ,extension1 and ,education ,reform ,act of #aiih 7#g ,u4,s4,c4 #gfca72 or 7,e7 section #gdje of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #ccai;f74 7f7 ,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 submission1 the ,secretary shall submit to ,congress a report containing a description of the agricultural research1 extension1 and education activities carried out by the ,federal ,government during the fiscal year that immediately precedes the year for which the report is submitted1 including-- 7#a7 a review of the extent to which those activities-- 7,a7 are duplicative or overlap within the ,department of ,agriculture2 or 7,b7 are similar to activities carried out by-- 7i7 other ,federal agencies2 7ii7 the ,states 7including the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico and other territories or possessions of the ,united ,states72 7iii7 institutions of higher education 7as defined in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja772 or 7iv7 the private sector2 and 7#b7 for each report submitted under this section on or after ,january #a1 #bjac1 a #e-year projection of national priorities with respect to agricultural research1 extension1 and education1 taking into account both domestic and international needs4 4 #geac4 ,natural products research program ,section #gebe of the ,food1 ,conservation1 and ,energy ,act of #bjjh 7#g ,u4,s4,c4 #eicg7 is amended by striking subsection 7e7 and inserting the following3 7e7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #g1jjj1jjj for each of fiscal years #bjad through #bjah4 4 #gead4 ,sun grant program 7a7 ,in general ,section #gebf of the ,food1 ,conservation1 and ,energy ,act of #bjjh 7#g ,u4,s4,c4 #haad7 is amended-- 7#a7 in subsection 7a77#d77;,b71 by striking the ,department of ,energy and inserting other appropriate ,federal agencies 7as determined by the ,secretary72 7#b7 in subsection 7b77#a7-- 7,a7 in subparagraph 7,a71 by striking at ,south ,dakota ,state ,university2 7,b7 in subparagraph 7,b71 by striking at the ,university of ,tennessee at ,knoxville2 7,c7 in subparagraph 7,c71 by striking at ,oklahoma ,state ,university2 7,d7 in subparagraph 7,d71 by striking at ,oregon ,state ,university2 7,e7 in subparagraph 7,e71 by striking at ,cornell ,university2 and 7,f7 in subparagraph 7,f71 by striking at the ,university of ,hawaii2 7#c7 in subsection 7c77#a7-- 7,a7 in subparagraph 7,b71 by striking multistate and all that follows through technology implementation and inserting integrated1 multistate research1 extension1 and education programs on technology development and technology implementation2 7,b7 by striking subparagraph 7,c72 and 7,c7 by redesignating subparagraph 7,d7 as subparagraph 7,c72 7#d7 in subsection 7d7-- 7,a7 in paragraph 7#a7-- 7i7 by striking gasification and inserting bioproducts2 and 7ii7 by striking the ,department of ,energy and inserting other appropriate ,federal agencies2 7,b7 by striking paragraph 7#b72 7,c7 by redesignating paragraphs 7#c7 and 7#d7 as paragraphs 7#b7 and 7#c71 respectively2 and 7,d7 in paragraph 7#a71 by striking in accordance with paragraph 7#b72 and 7#e7 in subsection 7g71 by striking #bjab and inserting #bjah4 7b7 ,conforming amendments ,section #gebf7;f7 of the ,food1 ,conservation1 and ,energy ,act of #bjjh 7#g ,u4,s4,c4 #haad7;f77 is amended-- 7#a7 in paragraph 7#a71 by striking subsection 7c77#a77;,d77i7 and inserting subsection 7c77#a77;,c77i72 and 7#b7 in paragraph 7#b71 by striking subsection 7d77#a7 and inserting subsection 7d74 ,f ,miscellaneous #gfja4 ,foundation for ,food and ,agriculture ,research 7a7 ,definitions ,in this section3 7#a7 ,board ,the term ,board means the ,board of ,directors described in subsection 7e74 7#b7 ,department ,the term ,department means the ,department of ,agriculture4 7#c7 ,foundation ,the term ,foundation means the ,foundation for ,food and ,agriculture ,research established under subsection 7b74 7#d7 ,secretary ,the term ,secretary means the ,secretary of ,agriculture4 7b7 ,establishment 7#a7 ,in general ,the ,secretary shall establish a nonprofit corporation to be known as the ,foundation for ,food and ,agriculture ,research4 7#b7 ,status ,the ,foundation shall not be an agency or instrumentality of the ,united ,states ,government4 7c7 ,purposes ,the purposes of the ,foundation shall be-- 7#a7 to advance the research mission of the ,department by supporting agricultural research activities focused on addressing key problems of national and international significance including-- 7,a7 plant health1 production1 and plant products2 7,b7 animal health1 production1 and products2 7,c7 food safety1 nutrition1 and health2 7,d7 renewable energy1 natural resources1 and the environment2 7,e7 agricultural and food security2 7,f7 agriculture systems and technology2 and 7,g7 agriculture economics and rural communities2 and 7#b7 to foster collaboration with agricultural researchers from the ,federal ,government1 institutions of higher education1 industry1 and nonprofit organizations4 7d7 ,duties 7#a7 ,in general ,the ,foundation shall-- 7,a7 award grants to1 or enter into contracts1 memoranda of understanding1 or cooperative agreements with1 scientists and entities1 which may include agricultural research agencies in the ,department1 university consortia1 public-private partnerships1 institutions of higher education1 nonprofit organizations1 and industry1 to efficiently and effectively advance the goals and priorities of the ,foundation2 7,b7 in consultation with the ,secretary-- 7i7 identify existing and proposed ,federal intramural and extramural research and development programs relating to the purposes of the ,foundation described in subsection 7c72 and 7ii7 coordinate ,foundation activities with those programs so as to minimize duplication of existing efforts2 7,c7 identify unmet and emerging agricultural research needs after reviewing the ,roadmap for ,agricultural ,research1 ,education and ,extension as required by section #gejd of the ,food1 ,conservation1 and ,energy ,act of #bjjh 7#g ,u4,s4,c4 #gfad;a72 7,d7 facilitate technology transfer and release of information and data gathered from the activities of the ,foundation to the agricultural research community2 7,e7 promote and encourage the development of the next generation of agricultural research scientists2 and 7,f7 carry out such other activities as the ,board determines to be consistent with the purposes of the ,foundation4 7#b7 ,authority ,subject to paragraph 7#c71 the ,foundation shall be the sole entity responsible for carrying out the duties enumerated in this subsection4 7#c7 ,relationship to other activities ,the activities described in paragraph 7#a7 shall be supplemental to any other activities at the ,department and shall not preempt any authority or responsibility of the ,department under another provision of law4 7e7 ,board of directors 7#a7 ,establishment ,the ,foundation shall be governed by a ,board of ,directors4 7#b7 ,composition 7,a7 ,in general ,the ,board shall be composed of appointed and ex-officio1 nonvoting members4 7,b7 ,ex-officio members ,the ex-officio members of the ,board shall be the following individuals or designees3 7i7 ,the ,secretary4 7ii7 ,the ,under ,secretary of ,agriculture for ,research1 ,education1 and ,economics4 7iii7 ,the ,administrator of the ,agricultural ,research ,service4 7iv7 ,the ,director of the ,national ,institute of ,food and ,agriculture4 7v7 ,the ,director of the ,national ,science ,foundation4 7,c7 ,appointed members 7i7 ,in general ,the ex-officio members of the ,board under subparagraph 7,b7 shall1 by majority vote1 appoint to the ,board #ae individuals1 of whom-- 7,i7 #h shall be selected from a list of candidates to be provided by the ,national ,academy of ,sciences2 and 7,,ii7 #g shall be selected from lists of candidates provided by industry4 7ii7 ,requirements 7,i7 ,expertise ,the ex-officio members shall ensure that a majority of the members of the ,board have actual experience in agricultural research and1 to the extent practicable1 represent diverse sectors of agriculture4 7,,ii7 ,limitation ,no employee of the ,federal ,government may serve as an appointed member of the ,board under this subparagraph4 7,,iii7 ,not ,federal employment ,appointment to the ,board under this subparagraph shall not constitute ,federal employment4 7iii7 ,authority ,all appointed members of the ,board shall be voting members4 7,d7 ,chair ,the ,board shall1 from among the members of the ,board1 designate an individual to serve as ,chair of the ,board4 7#c7 ,initial meeting ,not later than #fj days after the date of enactment of this ,act1 the ,secretary shall convene a meeting of the ex-officio members of the ,board-- 7,a7 to incorporate the ,foundation2 and 7,b7 to appoint the members of the ,board in accordance with paragraph 7#b77;,c77i74 7#d7 ,duties 7,a7 ,in general ,the ,board shall-- 7i7 establish bylaws for the ,foundation that1 at a minimum1 include-- 7,i7 policies for the selection of future ,board members1 officers1 employees1 agents1 and contractors of the ,foundation2 7,,ii7 policies1 including ethical standards1 for-- 7aa7 the acceptance1 solicitation1 and disposition of donations and grants to the ,foundation2 and 7bb7 the disposition of assets of the ,foundation1 including appropriate limits on the ability of donors to designate1 by stipulation or restriction1 the use or recipient of donated funds2 7,,iii7 policies that would subject all employees1 fellows1 trainees1 and other agents of the ,foundation 7including members of the ,board7 to the conflict of interest standards under section #bjh of title #ah1 ,united ,states ,code2 7,,iv7 policies for writing1 editing1 printing1 publishing1 and vending of books and other materials2 7,v7 policies for the conduct of the general operations of the ,foundation1 including a cap on administrative expenses for recipients of a grant1 contract1 or cooperative agreement from the ,foundation2 and 7,,vi7 specific duties for the ,executive ,director2 7ii7 prioritize and provide overall direction for the activities of the ,foundation2 7iii7 evaluate the performance of the ,executive ,director2 and 7iv7 carry out any other necessary activities regarding the ,foundation4 7,b7 ,establishment of bylaws ,in establishing bylaws under subparagraph 7,a77i71 the ,board shall ensure that the bylaws do not-- 7i7 reflect unfavorably on the ability of the ,foundation to carry out the duties of the ,foundation in a fair and objective manner2 or 7ii7 compromise1 or appear to compromise1 the integrity of any governmental agency or program1 or any officer or employee employed by or involved in a governmental agency or program4 7#e7 ,terms and vacancies 7,a7 ,terms 7i7 ,in general ,the term of each member of the ,board appointed under paragraph 7#b77;,c7 shall be #e years4 7ii7 ,partial terms ,if a member of the ,board does not serve the full term applicable under clause 7i71 the individual appointed to fill the resulting vacancy shall be appointed for the remainder of the term of the predecessor of the individual4 7iii7 ,transition ,a member of the ,board may continue to serve after the expiration of the term of the member until a successor is appointed4 7,b7 ,vacancies ,any vacancy in the membership of the ,board shall be filled in the manner in which the original position was made and shall not affect the power of the remaining members to execute the duties of the ,board4 7#f7 ,compensation ,members of the ,board may not receive compensation for service on the ,board but may be reimbursed for travel1 subsistence1 and other necessary expenses incurred in carrying out the duties of the ,board4 7#g7 ,meetings and quorum ,a majority of the members of the ,board shall constitute a quorum for purposes of conducting business of the ,board4 7f7 ,administration 7#a7 ,executive ,director 7,a7 ,in general ,the ,board shall hire an ,executive ,director who shall carry out such duties and responsibilities as the ,board may prescribe4 7,b7 ,service ,the ,executive ,director shall serve at the pleasure of the ,board4 7#b7 ,administrative powers 7,a7 ,in general ,in carrying out this section1 the ,board1 acting through the ,executive ,director1 may-- 7i7 adopt1 alter1 and use a corporate seal1 which shall be judicially noticed2 7ii7 hire1 promote1 compensate1 and discharge #a or more officers1 employees1 and agents1 as may be necessary1 and define the duties of the officers1 employees1 and agents2 7iii7 solicit and accept any funds1 gifts1 grants1 devises1 or bequests of real or personal property made to the ,foundation1 including such support from private entities2 7iv7 prescribe the manner in which-- 7,i7 real or personal property of the ,foundation is acquired1 held1 and transferred2 7,,ii7 general operations of the ,foundation are to be conducted2 and 7,,iii7 the privileges granted to the ,board by law are exercised and enjoyed2 7v7 with the consent of the applicable executive department or independent agency1 use the information1 services1 and facilities of the department or agency in carrying out this section2 7vi7 enter into contracts with public and private organizations for the writing1 editing1 printing1 and publishing of books and other material2 7vii7 hold1 administer1 invest1 and spend any gift1 devise1 or bequest of real or personal property made to the ,foundation2 7viii7 enter into such contracts1 leases1 cooperative agreements1 and other transactions as the ,board considers appropriate to conduct the activities of the ,foundation2 7ix7 modify or consent to the modification of any contract or agreement to which the ,foundation is a party or in which the ,foundation has an interest2 7x7 take such action as may be necessary to obtain patents and licenses for devices and procedures developed by the ,foundation and employees of the ,foundation2 7xi7 sue and be sued in the corporate name of the ,foundation1 and complain and defend in courts of competent jurisdiction2 7xii7 appoint other groups of advisors as may be determined necessary to carry out the functions of the ,foundation2 and 7xiii7 exercise such other incidental powers as are necessary to carry out the duties and functions of the ,foundation in accordance with this section4 7,b7 ,limitation ,no appointed member of the ,board or officer or employee of the ,foundation or of any program established by the ,foundation 7other than ex-officio members of the ,board7 shall exercise administrative control over any ,federal employee4 7#c7 ,records 7,a7 ,audits ,the ,foundation shall-- 7i7 provide for annual audits of the financial condition of the ,foundation2 and 7ii7 make the audits1 and all other records1 documents1 and other papers of the ,foundation1 available to the ,secretary and the ,comptroller ,general of the ,united ,states for examination or audit4 7,b7 ,reports 7i7 ,annual report on foundation 7,i7 ,in general ,not later than #e months following the end of each fiscal year1 the ,foundation shall publish a report for the preceding fiscal year that includes-- 7aa7 a description of ,foundation activities1 including accomplishments2 and 7bb7 a comprehensive statement of the operations and financial condition of the ,foundation4 7,,ii7 ,financial condition ,each report under subclause 7,i7 shall include a description of all gifts or grants to the ,foundation of real or personal property or money1 which shall include-- 7aa7 the source of the gifts or grants2 and 7bb7 any restrictions on the purposes for which the gift or grant may be used4 7,,iii7 ,availability ,the ,foundation shall-- 7aa7 make copies of each report submitted under subclause 7,i7 available for public inspection2 and 7bb7 on request1 provide a copy of the report to any individual4 7,,iv7 ,public meeting ,the ,board shall hold an annual public meeting to summarize the activities of the ,foundation4 7ii7 ,grant reporting ,any recipient of a grant under subsection 7d77#a77;,a7 shall provide the ,foundation with a report at the conclusion of any research or studies conducted the describes the results of the research or studies1 including any data generated4 7#d7 ,integrity 7,a7 ,in general ,to ensure integrity in the operations of the ,foundation1 the ,board shall develop and enforce procedures relating to standards of conduct1 financial disclosure statements1 conflict of interest 7including recusal and waiver rules71 audits1 and any other matters determined appropriate by the ,board4 7,b7 ,financial conflicts of interest ,any individual who is an officer1 employee1 or member of the ,board is prohibited from any participation in deliberations by the ,foundation of a matter that would directly or predictably affect any financial interest of-- 7i7 the individual2 7ii7 a relative 7as defined in section #aji of the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app477 of that individual2 or 7iii7 a business organization or other entity in which the individual has an interest1 including an organization or other entity with which the individual is negotiating employment4 7#e7 ,intellectual property ,the ,board shall adopt written standards to govern ownership of any intellectual property rights derived from the collaborative efforts of the ,foundation4 7#f7 ,liability ,the ,united ,states shall not be liable for any debts1 defaults1 acts1 or omissions of the ,foundation nor shall the full faith and credit of the ,united ,states extend to any obligations of the ,foundation4 7g7 ,funds 7#a7 ,mandatory funding 7,a7 ,in general ,on ,october #a1 #bjac1 of the funds of the ,commodity ,credit ,corporation1 the ,secretary shall transfer to the ,foundation to carry out this section #ajj1jjj1jjj1 to remain available until expended under the conditions described in subparagraph 7,b74 7,b7 ,conditions on expenditure ,the ,foundation may use the funds made available under subparagraph 7,a7 to carry out the purposes of the ,foundation only to the extent that the ,foundation secures an equal amount of non-,federal matching funds for each expenditure4 7,c7 ,prohibition on construction ,none of the funds made available under subparagraph 7,a7 may be used for construction4 7#b7 ,separation of funds ,the ,executive ,director shall ensure that any funds received under paragraph 7#a7 are held in separate accounts from funds received from nongovernmental entities as described in subsection 7f77#b77;,a77iii74 #gfjb4 ,objective and scholarly agricultural and food law research and information 7a7 ,findings ,congress finds that-- 7#a7 the farms1 ranches1 and forests of the ,united ,states are impacted by a complex and rapidly evolving web of international1 ,federal1 ,state1 and local laws 7including regulations72 7#b7 objective1 scholarly1 and authoritative agricultural and food law research and information helps the farm1 ranch1 and forestry community contribute to the strength of the ,united ,states through improved conservation1 environmental protection1 job creation1 economic development1 renewable energy production1 outdoor recreational opportunities1 and increased local and regional supplies of food1 fiber1 and fuel2 and 7#c7 the vast agricultural community of the ,united ,states1 including farmers1 ranchers1 foresters1 attorneys1 policymakers1 and extension personnel1 need access to agricultural and food law research and information provided by an objective1 scholarly1 and neutral source4 7b7 ,partnerships ,the ,secretary1 acting through the ,national ,agricultural ,library1 shall support the dissemination of objective1 scholarly1 and authoritative agricultural and food law research and information by entering into partnerships with institutions of higher education that have expertise in agricultural and food law research and information4 7c7 ,restriction ,for each fiscal year1 the ,secretary shall use not more than #a1jjj1jjj of the amounts made available to the ,national ,agricultural ,library to carry out this section4 ,,viii ,forestry ,a ,repeal of certain forestry programs #hjja4 ,forest land enhancement program 7a7 ,repeal ,section #d of the ,cooperative ,forestry ,assistance ,act of #aigh 7#af ,u4,s4,c4 #bajc7 is repealed4 7b7 ,conforming amendment ,section #hjjb of the ,farm ,security and ,rural ,investment ,act of #bjjb 7,public ,law #ajg-aga2 #af ,u4,s4,c4 #bajc note7 is amended by striking subsection 7a74 7c7 ,effective date ,the amendments made by this section shall take effect on ,october #a1 #bjac4 #hjjb4 ,watershed forestry assistance program 7a7 ,repeal ,section #f of the ,cooperative ,forestry ,assistance ,act of #aigh 7#af ,u4,s4,c4 #bajc;b7 is repealed4 7b7 ,effective date ,the amendment made by this section shall take effect on ,october #a1 #bjac4 #hjjc4 ,expired cooperative national forest products marketing program ,section #ah of the ,cooperative ,forestry ,assistance ,act of #aigh 7#af ,u4,s4,c4 #baab7 is repealed4 #hjjd4 ,hispanic-serving institution agricultural land national resources leadership program 7a7 ,repeal ,section #hdjb of the ,food1 ,conservation1 and ,energy ,act of #bjjh 7#af ,u4,s4,c4 #afdi;a7 is repealed4 7b7 ,effective date ,the amendment made by this section shall take effect on ,october #a1 #bjac4 #hjje4 ,tribal watershed forestry assistance program 7a7 ,repeal ,section #cjc of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #fedb7 is repealed4 7b7 ,effective date ,the amendment made by this section shall take effect on ,october #a1 #bjac4 ,b ,reauthorization of ,cooperative ,forestry ,assistance ,act of #aigh programs #haja4 ,state-wide assessment and strategies for forest resources ,section #b;,a7f77#a7 of the ,cooperative ,forestry ,assistance ,act of #aigh 7#af ,u4,s4,c4 #baja;a7f77#a77 is amended by striking #bjab and inserting #bjah4 #hajb4 ,forest stewardship program ,section #e7;h7 of the ,cooperative ,forestry ,assistance ,act of #aigh 7#af ,u4,s4,c4 #bajc;a7h77 is amended by striking such sums as may be necessary thereafter and inserting #ej1jjj1jjj for each of fiscal years #bjad through #bjah4 #hajc4 ,forest ,legacy ,program ,section #g of the ,cooperative ,forestry ,assistance ,act of #aigh 7#af ,u4,s4,c4 #bajc;c7 is amended by striking subsection 7m7 and inserting the following3 7m7 ,funding 7#a7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #bjj1jjj1jjj for each of fiscal years #bjad through #bjah4 7#b7 ,additional funding sources ,in addition to any funds appropriated for each fiscal year to carry out this section1 the ,secretary may use any other ,federal funds available to the ,secretary4 4 #hajd4 ,community forest and open space conservation program ,section #g;,a of the ,cooperative ,forestry ,assistance ,act of #aigh 7#af ,u4,s4,c4 #bajc;d7 is amended by striking subsection 7g7 and inserting the following3 7g7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #ej1jjj1jjj for each of fiscal years #bjad through #bjah4 4 #haje4 ,urban and community forestry assistance ,section #i7;i7 of the ,cooperative ,forestry ,assistance ,act of #aigh 7#af ,u4,s4,c4 #baje7;i77 is amended by striking such sums as may be necessary for each fiscal year thereafter and inserting #ej1jjj1jjj for each of fiscal years #bjad through #bjah4 ,c ,reauthorization of other forestry-,related laws #hbja4 ,rural revitalization technologies ,section #bcga7;d77#b7 of the ,food1 ,agriculture1 ,conservation1 and ,trade ,act of #aiij 7#g ,u4,s4,c4 #ffja7;d77#b77 is amended by striking #bjab and inserting #bjah4 #hbjb4 ,office of ,international ,forestry ,section #bdje of the ,global ,climate ,change ,prevention ,act of #aiij 7#g ,u4,s4,c4 #fgjd7 is amended by striking subsection 7d7 and inserting the following3 7d7 ,authorization of appropriations ,to carry out this section1 there are authorized to be appropriated-- 7#a7 such sums as are necessary for each of fiscal years #aiif through #bjac2 and 7#b7 #aj1jjj1jjj for each of fiscal years #bjad through #bjah4 4 #hbjc4 ,insect infestations and related diseases 7a7 ,findings and purposes ,section #dja of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feea7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by redesignating paragraphs 7#c7 through 7#ab7 as paragraphs 7#d7 through 7#ac71 respectively2 and 7,b7 by inserting after paragraph 7#b7 the following3 7#c7 the mountain pine beetle is-- 7,a7 threatening and ravaging forests throughout the ,western region of the ,united ,states1 including ,arizona1 ,california1 ,colorado1 ,idaho1 ,montana1 ,nevada1 ,new ,mexico1 ,oregon1 and ,south ,dakota2 7,b7 reaching epidemic populations and severely impacting over #da1jjj1jjj acres in western forests2 and 7,c7 deteriorating forest health in national forests and1 when combined with drought1 disease1 and storm damage1 is resulting in extreme fire hazards in national forests across the ,western ,united ,states and endangering the economic stability of surrounding adjacent communities1 ranches1 and parks2 2 and 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#b71 by striking and at the end2 7,b7 in paragraph 7#c71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7#d7 to provide for designation of treatment areas pursuant to section #dje4 4 7b7 ,designation of treatment areas ,title ,,iv of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feea et seq47 is amended-- 7#a7 by redesignating sections #dje and #djf 7#af ,u4,s4,c4 #feee1 #feef7 as sections #djf and #djg1 respectively2 and 7#b7 by inserting after section #djd 7#af ,u4,s4,c4 #feed7 the following3 #dje4 ,designation of treatment areas 7a7 ,designation of treatment areas ,not later than #fj days after the date of enactment of the ,agriculture ,reform1 ,food1 and ,jobs ,act of #bjac1 the ,secretary shall designate treatment areas on at least #a national forest in each ,state1 if requested by the ,governor of the ,state1 that the ,secretary determines1 based on annual forest health surveys1 are experiencing declining forest health due to insect or disease infestation4 7b7 ,treatment of areas ,the ,secretary may carry out treatments to address the insect or disease infestation in the areas designated under subsection 7a7 in accordance with sections #ajd1 #aje1 #ajf1 and #dja4 7c7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #bjj1jjj1jjj for each of fiscal years #bjad through #bjah4 4 7c7 ,authorization of appropriations ,section #djg of the ,healthy ,forests ,restoration ,act of #bjjc 7as redesignated by subsection 7b77#a77 is amended by striking #bjjh and inserting #bjah4 #hbjd4 ,stewardship end result contracting projects 7a7 ,in general ,title ,,vi of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feia7 is amended by adding at the end the following3 #fjb4 ,stewardship end result contracting projects 7a7 ,definitions ,in this section3 7#a7 ,chief ,the term ,chief means the ,chief of the ,forest ,service4 7#b7 ,director ,the term ,director means the ,director of the ,bureau of ,land ,management4 7b7 ,projects ,the ,chief and the ,director1 via agreement or contract as appropriate1 may enter into stewardship contracting projects with private persons or other public or private entities to perform services to achieve land management goals for the national forests and the public lands that meet local and rural community needs4 7c7 ,land management goals ,the land management goals of a project under subsection 7b7 may include-- 7#a7 road and trail maintenance or obliteration to restore or maintain water quality2 7#b7 soil productivity1 habitat for wildlife and fisheries1 or other resource values2 7#c7 setting of prescribed fires to improve the composition1 structure1 condition1 and health of stands or to improve wildlife habitat2 7#d7 removing vegetation or other activities to promote healthy forest stands1 reduce fire hazards1 or achieve other land management objectives2 7#e7 watershed restoration and maintenance2 7#f7 restoration and maintenance of wildlife and fish2 or 7#g7 control of noxious and exotic weeds and reestablishing4 7d7 ,agreements or contracts 7#a7 ,procurement procedure ,a source for performance of an agreement or contract under subsection 7b7 shall be selected on a best-value basis1 including consideration of source under other public and private agreements or contracts4 7#b7 ,contract for sale of property ,a contract entered into under this section may1 at the discretion of the ,secretary of ,agriculture1 be considered a contract for the sale of property under such terms as the ,secretary may prescribe without regard to any other provision of law4 7#c7 ,term 7,a7 ,in general ,except as provided in subparagraph 7,b71 the ,chief and the ,director may enter into a contract under subsection 7b7 in accordance with section #cijc of title #da1 ,united ,states ,code4 7,b7 ,maximum ,the period of the contract under subsection 7b7 may exceed #e years but may not exceed #aj years4 7#d7 ,offsets 7,a7 ,in general ,the ,chief and the ,director may apply the value of timber or other forest products removed as an offset against the cost of services received under the agreement or contract described in subsection 7b74 7,b7 ,methods of appraisal ,the value of timber or other forest products used as an offset under subparagraph 7,a7-- 7i7 shall be determined using appropriate methods of appraisal commensurate with the quantity of products to be removed2 and 7ii7 may-- 7,i7 be determined using a unit of measure appropriate to the contracts2 and 7,,ii7 may include valuing products on a per-acre basis4 7#e7 ,relation to other laws ,notwithstanding subsections 7d7 and 7g7 of section #ad of the ,national ,forest ,management ,act of #aigf 7#af ,u4,s4,c4 #dgb;a71 the ,chief may enter into an agreement or contract under subsection 7b74 7#f7 ,contracting officer ,notwithstanding any other provision of law1 the ,secretary or the ,secretary of the ,interior may determine the appropriate contracting officer to enter into and administer an agreement or contract under subsection 7b74 7e7 ,receipts 7#a7 ,in general ,the ,chief and the ,director may collect monies from an agreement or contract under subsection 7b7 if the collection is a secondary objective of negotiating the contract that will best achieve the purposes of this section4 7#b7 ,use ,monies from an agreement or contract under subsection 7b7-- 7,a7 may be retained by the ,chief and the ,director2 and 7,b7 shall be available for expenditure without further appropriation at the project site from which the monies are collected or at another project site4 7#c7 ,relation to other laws 7,a7 ,in general ,notwithstanding any other provision of law1 the value of services received by the ,chief or the ,director under a stewardship contract project conducted under this section1 and any payments made or resources provided by the contractor1 ,chief1 or ,director shall not be considered monies received from the ,national ,forest ,system or the public lands4 7,b7 ,knutson-,vanderberg ,act ,the ,act of ,june #i1 #aicj 7commonly known as the ,knutson-,vanderberg ,act7 7#af ,u4,s4,c4 #egf et seq47 shall not apply to any agreement or contract under subsection 7b74 7f7 ,costs of removal ,notwithstanding the fact that a contractor did not harvest the timber1 the ,chief may collect deposits from a contractor covering the costs of removal of timber or other forest products under-- 7#a7 the ,act of ,august #aa1 #aiaf 7#af ,u4,s4,c4 #dij72 and 7#b7 the ,act of ,june #cj1 #aiad 7#af ,u4,s4,c4 #dih74 7g7 ,performance and payment guarantees 7#a7 ,in general ,the ,chief and the ,director may require performance and payment bonds under sections #bh4ajc-b and #bh4ajc-c of the ,federal ,acquisition ,regulation1 in an amount that the contracting officer considers sufficient to protect the investment in receipts by the ,federal ,government generated by the contractor from the estimated value of the forest products to be removed under a contract under subsection 7b74 7#b7 ,excess offset value ,if the offset value of the forest products exceeds the value of the resource improvement treatments1 the ,chief and the ,director may-- 7,a7 collect any residual receipts under the ,act of ,june #i1 #aicj 7commonly known as the ,knutson-,vanderberg ,act7 7#af ,u4,s4,c4 #egf et seq472 and 7,b7 apply the excess to other authorized stewardship projects4 7h7 ,monitoring and evaluation 7#a7 ,in general ,the ,chief and the ,director shall establish a multiparty monitoring and evaluation process that accesses the stewardship contracting projects conducted under this section4 7#b7 ,participants ,other than the ,chief and ,director1 participants in the process described in paragraph 7#a7 may include-- 7,a7 any cooperating governmental agencies1 including tribal governments2 and 7,b7 any other interested groups or individuals4 7i7 ,reporting ,not later than #a year after the date of enactment of this section1 and annually thereafter1 the ,chief and the ,director shall report to the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate and the ,committee on ,agriculture of the ,house of ,representatives on-- 7#a7 the status of development1 execution1 and administration of agreements or contracts under subsection 7b72 7#b7 the specific accomplishments that have resulted2 and 7#c7 the role of local communities in the development of agreements or contract plans4 4 7b7 ,conforming amendment ,section #cdg of the ,department of the ,interior and ,related ,agencies ,appropriations ,act1 #aiii 7#af ,u4,s4,c4 #bajd note2 ,public ,law #aje-bgg7 is repealed4 #hbje4 ,healthy forests reserve program 7a7 ,definition of acreage owned by ,indian tribes ,section #ejb7;e77#c7 of the ,healthy ,forests ,restoration ,act 7#af ,u4,s4,c4 #fegb7;e77#c77 is amended-- 7#a7 in subparagraph 7,c71 by striking subparagraphs 7,a7 and 7,b7 and inserting clauses 7i7 and 7ii72 7#b7 by redesignating subparagraphs 7,a7 through 7,c7 as clauses 7i7 through 7iii71 respectively1 and indenting appropriately2 and 7#c7 by striking ,in the case of and inserting the following3 7,a7 ,definition of acreage owned by ,indian tribes ,in this paragraph1 the term acreage owned by ,indian tribes includes-- 7i7 land that is held in trust by the ,united ,states for ,indian tribes or individual ,indians2 7ii7 land1 the title to which is held by ,indian tribes or individual ,indians subject to ,federal restrictions against alienation or encumbrance2 7iii7 land that is subject to rights of use1 occupancy1 and benefit of certain ,indian tribes2 7iv7 land that is held in fee title by an ,indian tribe2 or 7v7 land that is owned by a native corporation formed under section #ag of the ,act of ,june #ah1 #aicd 7commonly known as the ,indian ,reorganization ,act7 7#be ,u4,s4,c4 #dgg7 or section #h of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjg72 or 7vi7 a combination of #a or more types of land described in clauses 7i7 through 7v74 7,b7 ,enrollment of acreage ,in the case of 4 7b7 ,change in funding source for healthy forests reserve program ,section #ejh of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #fegh7 is amended-- 7#a7 in subsection 7a71 by striking ,in general and inserting ,fiscal years #bjji through #bjac2 7#b7 by redesignating subsection 7b7 as subsection 7d72 and 7#c7 by inserting after subsection 7a7 the following3 7b7 ,fiscal years #bjad through #bjah ,there is authorized to be appropriated to the ,secretary of ,agriculture to carry out this section #i1gej1jjj for each of fiscal years #bjad through #bjah4 7c7 ,additional source of funds ,in addition to funds appropriated pursuant to the authorization of appropriations in subsection 7b7 for a fiscal year1 the ,secretary may use such amount of the funds appropriated for that fiscal year to carry out the ,soil ,conservation and ,domestic ,allotment ,act 7#af ,u4,s4,c4 #eij;a et seq47 as the ,secretary determines necessary to cover the cost of technical assistance1 management1 and enforcement responsibilities for land enrolled in the healthy forests reserve program pursuant to subsections 7a7 and 7b7 of section #ejd4 4 ,d ,miscellaneous provisions #hcja4 ,mc,intire-,stennis ,cooperative ,forestry ,act 7a7 #ahij waivers ,section #d of ,public ,law #hg-ghh 7commonly known as the ,mc,intire-,stennis ,cooperative ,forestry ,act7 7#af ,u4,s4,c4 #ehb;a-#c7 is amended by inserting ,the matching funds requirement shall not be applicable to eligible #ahij ,institutions 7as defined in section #b of the ,agricultural ,research1 ,extension1 and ,education ,reform ,act of #aiih 7#g ,u4,s4,c4 #gfja77 if the allocation is below #bjj1jjj4 before ,the ,secretary is authorized in the second sentence4 7b7 ,participation ,section #h of ,public ,law #hg-ghh 7commonly known as the ,mc,intire-,stennis ,cooperative ,forestry ,act7 7#af ,u4,s4,c4 #ehb;a-#g7 is amended by inserting the ,federated ,states of ,micronesia1 ,american ,samoa1 the ,northern ,mariana ,islands1 the ,district of ,columbia1 before and ,guam4 7c7 ,effective date ,the amendments made by this section take effect on ,october #a1 #bjac4 #hcjb4 ,revision of strategic plan for forest inventory and analysis 7a7 ,revision required ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,agriculture shall revise the strategic plan for forest inventory and analysis initially prepared pursuant to section #c7;e7 of the ,forest and ,rangeland ,renewable ,resources ,research ,act of #aigh 7#af ,u4,s4,c4 #afdb7;e77 to address the requirements imposed by subsection 7b74 7b7 ,elements of revised strategic plan ,in revising the strategic plan1 the ,secretary of ,agriculture shall describe in detail the organization1 procedures1 and funding needed to achieve each of the following3 7#a7 ,complete the transition to a fully annualized forest inventory program and include inventory and analysis of interior ,alaska4 7#b7 ,implement an annualized inventory of trees in urban settings1 including the status and trends of trees and forests1 and assessments of their ecosystem services1 values1 health1 and risk to pests and diseases4 7#c7 ,report information on renewable biomass supplies and carbon stocks at the local1 ,state1 regional1 and national level1 including by ownership type4 7#d7 ,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 need4 7#e7 ,improve the timeliness of the timber product output program and accessibility of the annualized information on that database4 7#f7 ,foster greater cooperation among the forest inventory and analysis program1 research station leaders1 and ,state foresters and other users of information from the forest inventory and analysis4 7#g7 ,availability of and access to non-,federal resources to improve information analysis and information management4 7#h7 ,collaborate with the ,natural ,resources ,conservation ,service1 ,national ,aeronautics and ,space ,administration1 ,national ,oceanic and ,atmospheric ,administration1 and ,united ,states ,geological ,survey to integrate remote sensing1 spatial analysis techniques1 and other new technologies in the forest inventory and analysis program4 7#i7 ,understand and report on changes in land cover and use4 7#aj7 ,expand existing programs to promote sustainable forest stewardship through increased understanding1 in partnership with other ,federal agencies1 of the over #aj million family forest owners1 their demographics1 and the barriers to forest stewardship4 7#aa7 ,implement procedures to improve the statistical precision of estimates at the sub-,state level4 7c7 ,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 ,agriculture1 ,nutrition1 and ,forestry of the ,senate4 ,,ix ,energy #ijja4 ,definition of renewable chemical ,section #ijja of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #haja7 is amended-- 7#a7 by redesignating paragraphs 7#ac7 and 7#ad7 as paragraphs 7#ad7 and 7#ae7 respectively2 and 7#b7 by inserting after paragraph 7#ab7 the following3 7#ac7 ,renewable chemical ,the term renewable chemical means a monomer1 polymer1 plastic1 formulated product1 or chemical substance produced from renewable biomass4 4 #ijjb4 ,biobased markets program 7a7 ,in general ,section #ijjb of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #hajb7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#b77;,a77i7-- 7i7 in subclause 7,i71 by striking and at the end2 7ii7 in subclause 7,,ii77bb71 by striking the period at the end and inserting 2 and2 and 7iii7 by adding at the end the following3 7,,iii7 establish a targeted biobased-only procurement requirement under which the procuring agency shall issue a certain number of biobased-only contracts when the procuring agency is purchasing products1 or purchasing services that include the use of products1 that are included in a biobased product category designated by the ,secretary4 2 and 7,b7 in paragraph 7#c7-- 7i7 in subparagraph 7,b7-- 7,i7 in clause 7v71 by inserting as determined to be necessary by the ,secretary based on the availability of data1 before provide information2 7,,ii7 by redesignating clauses 7v7 and 7vi7 as clauses 7vii7 and 7viii71 respectively2 and 7,,iii7 by inserting after clause 7iv7 the following3 7v7 require reporting of quantities and types of biobased products purchased by procuring agencies2 7vi7 focus on products that apply an innovative approach to growing1 harvesting1 procuring1 processing1 or manufacturing biobased products regardless of the date of entry of the products into the marketplace2 2 and 7ii7 by adding at the end the following3 7,f7 ,required designations ,not later than #a year after the date of enactment of this subparagraph1 the ,secretary shall begin to designate intermediate ingredients or feedstocks and assembled and finished biobased products in the guidelines issued under this paragraph4 2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#c7-- 7i7 by striking ,the ,secretary and inserting the following3 7,a7 ,in general ,the ,secretary 2 and 7ii7 by adding at the end the following3 7,b7 ,auditing and compliance ,the ,secretary may carry out such auditing and compliance activities as the ,secretary determines to be necessary to ensure compliance with subparagraph 7,a74 2 and 7,b7 by adding at the end the following3 7#d7 ,assembled and finished products ,not later than #a year after the date of enactment of this paragraph1 the ,secretary shall begin issuing criteria for determining which assembled and finished products may qualify to receive the label under paragraph 7#a74 2 7#c7 by redesignating subsections 7d71 7e71 7f71 7g71 and 7h7 as subsections 7e71 7f71 7g71 7i71 and 7j71 respectively2 7#d7 by inserting after subsection 7c7 the following3 7d7 ,outreach1 education1 and promotion 7#a7 ,in general ,the ,secretary may engage in outreach1 educational1 and promotional activities intended to increase knowledge1 awareness1 and benefits of biobased products4 7#b7 ,authorized activities ,in carrying out this subsection1 the ,secretary may-- 7,a7 conduct consumer education and outreach 7including consumer and awareness surveys72 7,b7 conduct outreach to and support for ,state and local governments interested in implementing biobased purchasing programs2 7,c7 partner with industry and nonprofit groups to produce educational and outreach materials and conduct educational and outreach events2 7,d7 sponsor special conferences and events to bring together buyers and sellers of biobased products2 and 7,e7 support pilot and demonstration projects4 2 7#e7 in subsection 7h7 7as redesignated by paragraph 7#c77-- 7,a7 in paragraph 7#b7-- 7i7 in the matter preceding subparagraph 7,a7 by striking ,the report and inserting ,each report under paragraph 7#a72 7ii7 in subparagraph 7,a71 by striking and at the end2 7iii7 in subparagraph 7,b77ii71 by striking the period at the end and inserting a semicolon2 and 7iv7 by adding at the end the following3 7,c7 the progress made by other ,federal agencies in compliance with the biobased procurement requirements1 including the quantity of purchases made2 and 7,d7 the status of outreach1 educational1 and promotional activities carried out by the ,secretary under subsection 7d71 including the attainment of specific milestones and overall results4 2 and 7,b7 by adding at the end the following3 7#c7 ,economic impact study and report 7,a7 ,in general ,the ,secretary shall conduct a study to assess the economic impact of the biobased products industry1 including-- 7i7 the quantity of biobased products sold2 7ii7 the value of the biobased products2 7iii7 the quantity of jobs created2 7iv7 the quantity of petroleum displaced2 7v7 other environmental benefits2 and 7vi7 areas in which the use or manufacturing of biobased products could be more effectively used1 including identifying any technical and economic obstacles and recommending how those obstacles can be overcome4 7,b7 ,report ,not later than #ahj days after the date of enactment of this subparagraph1 the ,secretary shall submit to ,congress a report describing the results of the study conducted under subparagraph 7,a74 4 7#f7 by inserting after subsection 7g7 7as redesignated by paragraph 7#c77 the following3 7h7 ,forest products laboratory coordination ,in determining whether products are eligible for the ,,usda ,certified ,biobased ,product label1 the ,secretary 7acting through the ,forest ,products ,laboratory7 shall-- 7#a7 review and approve forest-related products for which an application is submitted for the program2 7#b7 expedite the approval of innovative products resulting from technology developed by the ,forest ,products ,laboratory or partners of the ,laboratory2 and 7#c7 provide appropriate technical assistance to applicants1 as determined by the ,secretary4 2 and 7#g7 in subsection 7j7 7as redesignated by paragraph 7#c77-- 7,a7 in the heading of paragraph 7#a71 by inserting for fiscal years #bjjh through #bjab after funding2 7,b7 in the heading of paragraph 7#b71 by inserting for fiscal years #bjji through #bjac after funding2 and 7,c7 by adding at the end the following3 7#c7 ,fiscal years #bjad through #bjah ,there is authorized to be appropriated to carry out this section #b1jjj1jjj for each of fiscal years #bjad through #bjah4 7#d7 ,mandatory funding for fiscal years #bjad through #bjah ,of the funds of the ,commodity ,credit ,corporation1 the ,secretary shall use to carry out this section #c1jjj1jjj for each of fiscal years #bjad through #bjah4 4 7b7 ,conforming amendment ,section #idd7;c77#b77;,a7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbec7;c77#b77;,a77 is amended by striking section #ijjb7;h77#a7 and inserting section #ijjb7;b74 #ijjc4 ,biorefinery1 renewable chemical1 and biobased product manufacturing assistance 7a7 ,program adjustments 7#a7 ,in general ,section #ijjc of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #hajc7 is amended-- 7,a7 in the section heading1 by inserting 1 renewable chemical1 and biobased product manufacturing after ,biorefinery2 7,b7 in subsection 7a71 in the matter preceding paragraph 7#a71 by inserting renewable chemicals1 and biobased product manufacturing after advanced biofuels12 7,c7 in subsection 7b7-- 7i7 by redesignating paragraphs 7#a7 and 7#b7 as paragraphs 7#b7 and 7#c71 respectively2 and 7ii7 by inserting before paragraph 7#b7 7as so redesignated7 the following3 7#a7 ,biobased product manufacturing ,the term biobased product manufacturing means development1 construction1 and retrofitting of technologically new commercial-scale processing and manufacturing equipment and required facilities that will be used to convert renewable chemicals and other biobased outputs of biorefineries into end-user products on a commercial scale4 2 and 7,d7 in subsection 7c7-- 7i7 in paragraph 7#a71 by striking and at the end2 7ii7 in paragraph 7#b71 by striking the period at the end and inserting 2 and2 and 7iii7 by adding at the end the following3 7#c7 grants and loan guarantees to fund the development and construction of renewable chemical and biobased product manufacturing facilities4 4 7#b7 ,effective date ,the amendments made by paragraph 7#a7 shall take effect on ,october #a1 #bjac4 7b7 ,funding ,section #ijjc7;h7 of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #hajc7;h77 is amended-- 7#a7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,mandatory funding 7,a7 ,in general ,subject to subparagraph 7,b71 of the funds of the ,commodity ,credit ,corporation1 the ,secretary shall use for the cost of loan guarantees under this section1 to remain available until expended-- 7i7 #ajj1jjj1jjj for fiscal year #bjac2 and 7ii7 #eh1jjj1jjj for each of fiscal years #bjad and #bjae4 7,b7 ,biobased product manufacturing ,of the total amount of funds made available for the period of fiscal years #bjac through #bjae under subparagraph 7,a71 the ,secretary use for the cost of loan guarantees under this section not more than #be1jjj1jjj to promote biobased product manufacturing4 2 and 7#b7 in paragraph 7#b71 by striking #bjac and inserting #bjah4 #ijjd4 ,repeal of repowering assistance program and transfer of remaining funds 7a7 ,repeal ,subject to subsection 7b71 section #ijjd of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #hajd7 is repealed4 7b7 ,use of remaining funding for ,rural ,energy for ,america ,program ,funds made available pursuant to subsection 7d7 of section #ijjd of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #hajd7 that are unobligated on the day before the date of enactment of this section shall-- 7#a7 remain available until expended2 7#b7 be used by the ,secretary of ,agriculture to carry out financial assistance for energy efficiency improvements and renewable energy systems under section #ijjg7;a77#b7 of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #hajg7;a77#b772 and 7#c7 be in addition to any other funds made available to carry out that program4 #ijje4 ,bioenergy program for advanced biofuels ,section #ijje7;g7 of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #haje7;g77 is amended-- 7#a7 in the heading of paragraph 7#a71 by inserting for fiscal years #bjji through #bjab after funding2 7#b7 in the heading of paragraph 7#b71 by inserting for fiscal years #bjji through #bjac after funding2 7#c7 by redesignating paragraph 7#c7 as paragraph 7#d72 and 7#d7 by inserting after paragraph 7#b7 the following3 7#c7 ,fiscal years #bjad through #bjah ,there is authorized to be appropriated to carry out this section #bj1jjj1jjj for each of fiscal years #bjad through #bjah4 4 #ijjf4 ,biodiesel fuel education program ,section #ijjf7;d7 of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #hajf7;d77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in the heading1 by striking ,fiscal years #bjji through #bjab and inserting ,mandatory funding 2 and 7,b7 by striking #bjab and inserting #bjah2 and 7#b7 in paragraph 7#b71 by striking fiscal year #bjac and inserting each of fiscal years #bjad through #bjah4 #ijjg4 ,rural ,energy for ,america ,program 7a7 ,program adjustments 7#a7 ,in general ,section #ijjg of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #hajg7 is amended-- 7,a7 in subsection 7b77#b7-- 7i7 in subparagraph 7,c71 by striking and at the end2 7ii7 by redesignating subparagraph 7,d7 as subparagraph 7,e72 and 7iii7 by inserting after subparagraph 7,c7 the following3 7,d7 a council 7as defined in section #aebh of the ,agriculture and ,food ,act of #aiha 7#af ,u4,s4,c4 #cdea772 and 2 and 7,b7 in subsection 7c7-- 7i7 in paragraph 7#a77;,a71 by inserting 1 such as for agricultural and associated residential purposes after electricity2 7ii7 by striking paragraph 7#c72 7iii7 by redesignating paragraph 7#d7 as paragraph 7#c72 7iv7 in paragraph 7#c7 7as so redesignated71 by striking subparagraph 7,a7 and inserting the following3 7,a7 ,grants ,the amount of a grant under this subsection shall not exceed the lesser of-- 7i7 #ejj1jjj2 and 7ii7 #be percent of the cost of the activity carried out using funds from the grant4 2 and 7v7 by adding at the end the following3 7#d7 ,tiered application process 7,a7 ,in general ,in providing loan guarantees and grants under this subsection1 the ,secretary shall use a #c-tiered application process that reflects the size of proposed projects in accordance with this paragraph4 7,b7 ,tier #a ,the ,secretary shall establish a separate application process for projects for which the cost of the activity funded under this subsection is not more than #hj1jjj4 7,c7 ,tier #b ,the ,secretary shall establish a separate application process for projects for which the cost of the activity funded under this subsection is greater than #hj1jjj but less than #bjj1jjj4 7,d7 ,tier #c ,the ,secretary shall establish a separate application process for projects for which the cost of the activity funded under this subsection is equal to or greater than #bjj1jjj4 7,e7 ,application process ,the ,secretary shall establish an application1 evaluation1 and oversight process that is the most simplified for tier ,i projects and more comprehensive for each subsequent tier4 4 7#b7 ,effective date ,the amendments made by paragraph 7#a7 shall take effect on ,october #a1 #bjac4 7b7 ,funding ,section #ijjg7;g7 of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #hajg7;g77 is amended-- 7#a7 in the heading of paragraph 7#a71 by inserting for fiscal years #bjji through #bjab after funding2 7#b7 in the heading of paragraph 7#b71 by inserting for fiscal years #bjji through #bjab after funding2 7#c7 in the heading of paragraph 7#c71 by inserting for fiscal years #bjji through #bjac after funding2 and 7#d7 by adding at the end the following3 7#d7 ,fiscal years #bjad through #bjah ,there is authorized to be appropriated to carry out this section #bj1jjj1jjj for each of fiscal years #bjad through #bjah4 7#e7 ,mandatory funding for fiscal years #bjac through #bjah ,of the funds of the ,commodity ,credit ,corporation1 the ,secretary shall use to carry out this section #dh1bjj1jjj for each of fiscal years #bjad through #bjah4 4 #ijjh4 ,biomass research and development ,section #ijjh7;h7 of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #hajh7;h77 is amended-- 7#a7 in the heading of paragraph 7#a71 by inserting for fiscal years #bjji through #bjab after funding2 7#b7 in the heading of paragraph 7#b71 by inserting for fiscal years #bjji through #bjac after funding2 and 7#c7 by adding at the end the following3 7#c7 ,fiscal years #bjad through #bjah ,there is authorized to be appropriated to carry out this section #cj1jjj1jjj for each of fiscal years #bjad through #bjah4 7#d7 ,mandatory funding for fiscal years #bjad through #bjah ,of the funds of the ,commodity ,credit ,corporation1 the ,secretary shall use to carry out this section #bf1jjj1jjj for each of fiscal years #bjad through #bjah4 4 #ijji4 ,feedstock flexibility program for bioenergy producers ,section #ijaj7;b7 of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #haaj7;b77 is amended-- 7#a7 in paragraph 7#a77;,a71 by striking #bjac and inserting #bjah2 and 7#b7 in paragraph 7#b77;,a71 by striking #bjac and inserting #bjah4 #ijaj4 ,biomass ,crop ,assistance ,program ,section #ijaa of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #haaa7 is amended to read as follows3 #ijaa4 ,biomass ,crop ,assistance ,program 7a7 ,definitions ,in this section3 7#a7 ,,bcap ,the term ,,bcap means the ,biomass ,crop ,assistance ,program established under this section4 7#b7 ,,bcap project area ,the term ,,bcap project area means an area that-- 7,a7 has specified boundaries that are submitted to the ,secretary by the project sponsor and subsequently approved by the ,secretary2 7,b7 includes producers with contract acreage that will supply a portion of the renewable biomass needed by a biomass conversion facility2 and 7,c7 is physically located within an economically practicable distance from the biomass conversion facility4 7#c7 ,contract acreage ,the term contract acreage means eligible land that is covered by a ,,bcap contract entered into with the ,secretary4 7#d7 ,eligible crop 7,a7 ,in general ,the term eligible crop means a crop of renewable biomass4 7,b7 ,exclusions ,the term eligible crop does not include-- 7i7 any crop that is eligible to receive payments under title ,i of the ,food1 ,conservation1 and ,energy ,act of #bjjh 7#g ,u4,s4,c4 #hgjb et seq47 or an amendment made by that title2 7ii7 any plant that is invasive or noxious or species or varieties of plants that credible risk assessment tools or other credible sources determine are potentially invasive1 as determined by the ,secretary in consultation with other appropriate ,federal or ,state departments and agencies2 or 7iii7 algae4 7#e7 ,eligible land 7,a7 ,in general ,the term eligible land includes-- 7i7 agricultural and nonindustrial private forest lands 7as defined in section #e7;c7 of the ,cooperative ,forestry ,assistance ,act of #aigh 7#af ,u4,s4,c4 #bajc;a7c7772 and 7ii7 land enrolled in the agricultural conservation easement program established under subtitle ,h of title ,,xii of the ,food ,security ,act of #aihe4 7,b7 ,exclusions ,the term eligible land does not include-- 7i7 ,federal- or ,state-owned land2 7ii7 land that is native sod1 as of the date of enactment of the ,food1 ,conservation1 and ,energy ,act of #bjjh 7#g ,u4,s4,c4 #hgja et seq472 7iii7 land enrolled in the conservation reserve program established under subchapter ,b of chapter #a of subtitle ,d of title ,,xii of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chca et seq472 7iv7 land enrolled in the ,agricultural ,conservation ,easement ,program established under subtitle ,h of title ,,xii of that ,act2 or 7v7 land enrolled in the conservation reserve program or the ,agricultural ,conservation ,easement ,program under a contract that will expire at the end of the current fiscal year4 7#f7 ,eligible material 7,a7 ,in general ,the term eligible material means renewable biomass harvested directly from the land1 including crop residue from any crop that is eligible to receive payments under title ,i of the ,agriculture ,reform1 ,food1 and ,jobs ,act of #bjac or an amendment made by that title4 7,b7 ,inclusions ,the term eligible material shall only include-- 7i7 eligible material that is collected or harvested by the eligible material owner-- 7,i7 directly from-- 7aa7 ,national ,forest ,system2 7bb7 ,bureau of ,land ,management land2 7cc7 non-,federal land2 or 7dd7 land owned by an individual ,indian or ,indian tribe that is held in trust by the ,united ,states for the benefit of the individual ,indian or ,indian tribe or subject to a restriction against alienation imposed by the ,united ,states2 7,,ii7 in a manner that is consistent with-- 7aa7 a conservation plan2 7bb7 a forest stewardship plan2 or 7cc7 a plan that the ,secretary determines is equivalent to a plan described in item 7aa7 or 7bb7 and consistent with ,executive ,order #acaab 7#db ,u4,s4,c4 #dcba note2 relating to invasive species72 7ii7 if woody eligible material1 woody eligible material that is produced on land other than contract acreage that-- 7,i7 is a byproduct of a preventative treatment that is removed to reduce hazardous fuel or to reduce or contain disease or insect infestation2 and 7,,ii7 if harvested from ,federal land1 is harvested in accordance with section #ajb7;e7 of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feab7;e772 and 7iii7 eligible material that is delivered to a qualified biomass conversion facility to be used for heat1 power1 biobased products1 research1 or advanced biofuels4 7,c7 ,exclusions ,the term eligible material does not include-- 7i7 material that is whole grain from any crop that is eligible to receive payments under title ,i of the ,agriculture ,reform1 ,food1 and ,jobs ,act of #bjac or an amendment made by that title1 including-- 7,i7 barley1 corn1 grain sorghum1 oats1 rice1 or wheat2 7,,ii7 honey2 7,,iii7 mohair2 7,,iv7 oilseeds1 including canola1 crambe1 flaxseed1 mustard seed1 rapeseed1 safflower seed1 soybeans1 sesame seed1 and sunflower seed2 7,v7 peanuts2 7,,vi7 pulse2 7,,vii7 chickpeas1 lentils1 and dry peas2 7,,viii7 dairy products2 7,,ix7 sugar2 and 7,x7 wool and cotton boll fiber2 7ii7 animal waste and byproducts1 including fat1 oil1 grease1 and manure2 7iii7 food waste and yard waste2 7iv7 algae2 7v7 woody eligible material that-- 7,i7 is removed outside contract acreage2 and 7,,ii7 is not a byproduct of a preventative treatment to reduce hazardous fuel or to reduce or contain disease or insect infestation2 7vi7 any woody eligible material collected or harvested outside contract acreage that would otherwise be used for existing market products2 or 7vii7 bagasse4 7#g7 ,producer ,the term producer means an owner or operator of contract acreage that is physically located within a ,,bcap project area4 7#h7 ,project sponsor ,the term project sponsor means-- 7,a7 a group of producers2 or 7,b7 a biomass conversion facility4 7#i7 ,socially disadvantaged farmer or rancher ,the term socially disadvantaged farmer or rancher has the meaning given the term in section #beja7;e7 of the ,food1 ,agriculture1 ,conservation1 and ,trade ,act of #aiij 7#g ,u4,s4,c4 #bbgi7;e774 7b7 ,establishment and purpose ,the ,secretary shall establish and administer a ,biomass ,crop ,assistance ,program to-- 7#a7 support the establishment and production of eligible crops for conversion to bioenergy in selected ,,bcap project areas2 and 7#b7 assist agricultural and forest land owners and operators with the collection1 harvest1 storage1 and transportation of eligible material for use in a biomass conversion facility4 7c7 ,,bcap project area 7#a7 ,in general ,the ,secretary shall provide financial assistance to a producer of an eligible crop in a ,,bcap project area4 7#b7 ,selection of project areas 7,a7 ,in general ,to be considered for selection as a ,,bcap project area1 a project sponsor shall submit to the ,secretary a proposal that1 at a minimum1 includes-- 7i7 a description of the eligible land and eligible crops of each producer that will participate in the proposed ,,bcap project area2 7ii7 a letter of commitment from a biomass conversion facility that the facility will use the eligible crops intended to be produced in the proposed ,,bcap project area2 7iii7 evidence that the biomass conversion facility has sufficient equity available1 as determined by the ,secretary1 if the biomass conversion facility is not operational at the time the proposal is submitted to the ,secretary2 and 7iv7 any other information about the biomass conversion facility or proposed biomass conversion facility that the ,secretary determines necessary for the ,secretary to be reasonably assured that the plant will be in operation by the date on which the eligible crops are ready for harvest4 7,b7 ,,bcap project area selection criteria ,in selecting ,,bcap project areas1 the ,secretary shall consider-- 7i7 the volume of the eligible crops proposed to be produced in the proposed ,,bcap project area and the probability that those crops will be used for the purposes of the ,,bcap2 7ii7 the volume of renewable biomass projected to be available from sources other than the eligible crops grown on contract acres2 7iii7 the anticipated economic impact in the proposed ,,bcap project area2 7iv7 the opportunity for producers and local investors to participate in the ownership of the biomass conversion facility in the proposed ,,bcap project area2 7v7 the participation rate by-- 7,i7 beginning farmers or ranchers 7as defined in accordance with section #cdc7;a7 of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #aiia7;a7772 or 7,,ii7 socially disadvantaged farmers or ranchers2 7vi7 the impact on soil1 water1 and related resources2 7vii7 the variety in biomass production approaches within a project area1 including 7as appropriate7-- 7,i7 agronomic conditions2 7,,ii7 harvest and postharvest practices2 and 7,,iii7 monoculture and polyculture crop mixes2 7viii7 the range of eligible crops among project areas2 and 7ix7 any additional information that the ,secretary determines to be necessary4 7#c7 ,contract 7,a7 ,in general ,on approval of a ,,bcap project area by the ,secretary1 each producer in the ,,bcap project area shall enter into a contract directly with the ,secretary4 7,b7 ,minimum terms ,at a minimum1 a contract under this subsection shall include terms that cover-- 7i7 an agreement to make available to the ,secretary1 or to an institution of higher education or other entity designated by the ,secretary1 such information as the ,secretary considers to be appropriate to promote the production of eligible crops and the development of biomass conversion technology2 7ii7 compliance with the highly erodible land conservation requirements of subtitle ,b of title ,,xii of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chaa et seq47 and the wetland conservation requirements of subtitle ,c of title ,,xii of that ,act 7#af ,u4,s4,c4 #chba et seq472 7iii7 the implementation of 7as determined by the ,secretary7-- 7,i7 a conservation plan2 7,,ii7 a forest stewardship plan2 or 7,,iii7 a plan that is equivalent to a conservation or forest stewardship plan2 and 7iv7 any additional requirements that ,secretary determines to be necessary4 7,c7 ,duration ,a contract under this subsection shall have a term of not more than-- 7i7 #e years for annual and perennial crops2 or 7ii7 #ae years for woody biomass4 7#d7 ,relationship to other programs ,in carrying out this subsection1 the ,secretary shall provide for the preservation of cropland base and yield history applicable to the land enrolled in a ,,bcap contract4 7#e7 ,payments 7,a7 ,in general ,the ,secretary shall make establishment and annual payments directly to producers to support the establishment and production of eligible crops on contract acreage4 7,b7 ,amount of establishment payments 7i7 ,in general ,subject to clause 7ii71 the amount of an establishment payment under this subsection shall be not more than #ej percent of the costs of establishing an eligible perennial crop covered by the contract but not to exceed #ejj per acre1 including-- 7,i7 the cost of seeds and stock for perennials2 7,,ii7 the cost of planting the perennial crop1 as determined by the ,secretary2 and 7,,iii7 in the case of nonindustrial private forestland1 the costs of site preparation and tree planting4 7ii7 ,socially disadvantaged farmers or ranchers ,in the case of socially disadvantaged farmers or ranchers1 the costs of establishment may not exceed #gej per acre4 7,c7 ,amount of annual payments 7i7 ,in general ,subject to clause 7ii71 the amount of an annual payment under this subsection shall be determined by the ,secretary4 7ii7 ,reduction ,the ,secretary shall reduce an annual payment by an amount determined to be appropriate by the ,secretary1 if-- 7,i7 an eligible crop is used for purposes other than the production of energy at the biomass conversion facility2 7,,ii7 an eligible crop is delivered to the biomass conversion facility2 7,,iii7 the producer receives a payment under subsection 7d72 7,,iv7 the producer violates a term of the contract2 or 7,v7 the ,secretary determines a reduction is necessary to carry out this section4 7,d7 ,exclusion ,the ,secretary shall not make any ,,bcap payments on land for which payments are received under the conservation reserve program established under subchapter ,b of chapter #a of subtitle ,d of title ,,xii of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chca et seq47 or the agricultural conservation easement program established under subtitle ,h of title ,,xii of that ,act4 7d7 ,assistance with collection1 harvest1 storage1 and transportation 7#a7 ,in general ,the ,secretary shall make a payment for the delivery of eligible material to a biomass conversion facility to-- 7,a7 a producer of an eligible crop that is produced on ,,bcap contract acreage2 or 7,b7 a person with the right to collect or harvest eligible material1 regardless of whether the eligible material is produced on contract acreage4 7#b7 ,payments 7,a7 ,costs covered ,a payment under this subsection shall be in an amount described in subparagraph 7,b7 for-- 7i7 collection2 7ii7 harvest2 7iii7 storage2 and 7iv7 transportation to a biomass conversion facility4 7,b7 ,amount ,subject to paragraph 7#c71 the ,secretary may provide matching payments at a rate of up to #a for each #a per ton provided by the biomass conversion facility1 in an amount not to exceed #bj per dry ton for a period of #d years4 7#c7 ,limitation on assistance for bcap contract acreage ,as a condition of the receipt of an annual payment under subsection 7c71 a producer receiving a payment under this subsection for collection1 harvest1 storage1 or transportation of an eligible crop produced on ,,bcap acreage shall agree to a reduction in the annual payment4 7e7 ,report ,not later than #d years after the date of enactment of the ,agriculture ,reform1 ,food1 and ,jobs ,act of #bjac1 the ,secretary shall submit to the ,committee on ,agriculture of the ,house of ,representatives and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate a report on the dissemination by the ,secretary of the best practice data and information gathered from participants receiving assistance under this section4 7f7 ,funding 7#a7 ,in general ,of the funds of the ,commodity ,credit ,corporation1 the ,secretary shall use to carry out this section #ch1fjj1jjj for each of fiscal years #bjad through #bjah4 7#b7 ,collection1 harvest1 storage1 and transportation payments ,of the amount made available under paragraph 7#a7 for each fiscal year1 the ,secretary shall use not less than #aj percent1 nor more than #ej percent1 of the amount to make collection1 harvest1 transportation1 and storage payments under subsection 7d77#b74 4 #ijaa4 ,repeal of forest biomass for energy ,section #ijab of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #haab7 is repealed4 #ijab4 ,community wood energy program 7a7 ,definition of biomass consumer cooperative ,section #ijac7;a7 of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #haac7;a77 is amended-- 7#a7 by redesignating paragraphs 7#a7 and 7#b7 as paragraphs 7#b7 and 7#c71 respectively2 and 7#b7 by inserting before paragraph 7#b7 7as so redesignated7 the following3 7#a7 ,biomass consumer cooperative ,the term biomass consumer cooperative means a consumer membership organization the purpose of which is to provide members with services or discounts relating to the purchase of biomass heating products or biomass heating systems4 4 7b7 ,grant program ,section #ijac7;b77#a7 of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #haac7;b77#a77 is amended-- 7#a7 in subparagraph 7,a71 by striking and after the semicolon at the end2 7#b7 in subparagraph 7,b71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7,c7 grants of up to #ej1jjj to biomass consumer cooperatives for the purpose of establishing or expanding biomass consumer cooperatives that will provide consumers with services or discounts relating to-- 7i7 the purchase of biomass heating systems2 7ii7 biomass heating products1 including wood chips1 wood pellets1 and advanced biofuels2 or 7iii7 the delivery and storage of biomass of heating products4 4 7c7 ,matching funds ,section #ijac7;d7 of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #haac7;d77 is amended-- 7#a7 by striking ,a ,state or local government that receives a grant under subsection 7b7 and inserting the following3 7#a7 ,state and local governments ,a ,state or local government that receives a grant under subparagraph 7,a7 or 7,b7 of subsection 7b77#a7 2 and 7#b7 by adding at the end the following3 7#b7 ,biomass consumer cooperatives ,a biomass consumer cooperative that receives a grant under subsection 7b77#a77;,c7 shall contribute an amount of non-,federal funds 7which may include ,state1 local1 and nonprofit funds and membership dues7 toward the establishment or expansion of a biomass consumer cooperative that is at least equal to #ej percent of the amount of ,federal funds received for that purpose4 4 7d7 ,authorization of appropriations ,section #ijac7;e7 of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #haac7;e77 is amended by striking #bjac and inserting #bjah4 #ijac4 ,repeal of renewable fertilizer study ,section #ijjc of the ,food1 ,conservation1 and ,energy ,act of #bjjh 7,public ,law #aaj-bdf2 #abb ,stat4 #bjif7 is repealed4 ,x ,horticulture #ajjja4 ,specialty crops market news allocation ,section #ajajg7;b7 of the ,food1 ,conservation1 and ,energy ,act of #bjjh 7#g ,u4,s4,c4 #afbb;b7b77 is amended by striking #bjab and inserting #bjah4 #ajjjb4 ,repeal of grant program to improve movement of specialty crops ,section #ajdjc of the ,food1 ,conservation1 and ,energy ,act of #bjjh 7#g ,u4,s4,c4 #afbb;c7 is repealed4 #ajjjc4 ,farmers market and local food promotion program ,section #f of the ,farmer-to-,consumer ,direct ,marketing ,act of #aigf 7#g ,u4,s4,c4 #cjje7 is amended-- 7#a7 in the section heading1 by adding and local food after market2 7#b7 in subsection 7a7-- 7,a7 by inserting and ,local ,food after ,market2 7,b7 by striking farmers' markets and to promote2 and 7,c7 by inserting and local food capacity development before the period at the end2 7#c7 in subsection 7b71 by striking paragraph 7#a7 and inserting the following3 7#a7 ,in general ,the purposes of the ,program are to increase domestic consumption of and access to locally and regionally produced agricultural products by developing1 improving1 expanding1 and providing outreach1 training1 and technical assistance to1 or assisting in the development1 improvement and expansion of-- 7,a7 domestic farmers' markets1 roadside stands1 community-supported agriculture programs1 agritourism activities1 and other direct producer-to-consumer market opportunities2 and 7,b7 local and regional food enterprises that are not direct producer-to-consumer markets but process1 distribute1 aggregate1 store1 and market locally or regionally produced food products4 2 7#d7 in subsection 7c77#a7-- 7,a7 by inserting or other business entity after cooperative2 and 7,b7 by inserting 1 including a community supported agriculture network or association after association2 7#e7 by redesignating subsection 7e7 as subsection 7f72 7#f7 by inserting after subsection 7d7 the following3 7e7 ,priorities ,in providing grants under the ,program1 priority shall be given to applications that include projects that-- 7#a7 benefit underserved communities2 7#b7 develop market opportunities for small and mid-sized farm and ranch operations2 and 7#c7 include a strategic plan to maximize the use of funds to build capacity for local and regional food systems in a community4 2 7#g7 in subsection 7f7 7as redesignated by paragraph 7#e77-- 7,a7 in paragraph 7#a7-- 7i7 in the heading1 by striking ,fiscal years #bjjh through #bjab and inserting ,mandatory funding2 7ii7 in subparagraph 7,b71 by striking and after the semicolon at the end2 7iii7 in subparagraph 7,c71 by striking the period at the end and inserting 2 and2 and 7iv7 by adding at the end the following3 7,d7 #bj1jjj1jjj for each of fiscal years #bjad through #bjah4 2 7,b7 by striking paragraphs 7#c7 and 7#e72 7,c7 by inserting after paragraph 7#b7 the following3 7#c7 ,authorization of appropriations ,in addition to funds made available under paragraph 7#a71 there is authorized to be appropriated to carry out this section #bj1jjj1jjj for each of fiscal years #bjad through #bjah4 2 and 7,d7 by adding at the end the following3 7#e7 ,use of funds 7,a7 ,in general ,of the funds made available to carry out the ,program for each fiscal year1 #ej percent shall be used for the purposes described in subsection 7b77#a77;,a7 and #ej percent shall be used for the purposes described in subsection 7b77#a77;,b74 7,b7 ,cost share ,to be eligible to receive a grant for a project described in subsection 7b77#a77;,b71 a recipient shall provide a match in the form of cash or in-kind contributions in an amount equal to #be percent of the total cost of the project4 7#f7 ,administrative expenses ,not more than #aj percent of the total amount made available to carry out this section for a fiscal year may be used for administrative expenses4 7#g7 ,limitations ,an eligible entity may not use a grant or other assistance provided under the ,program for the purchase1 construction1 or rehabilitation of a building or structure4 4 #ajjjd4 ,study on local food production and program evaluation 7a7 ,in general ,the ,secretary shall-- 7#a7 collect data on the production and marketing of locally or regionally produced agricultural food products2 7#b7 facilitate interagency collaboration and data sharing on programs related to local and regional food systems2 and 7#c7 monitor the effectiveness of programs designed to expand or facilitate local food systems4 7b7 ,requirements ,in carrying out this section1 the ,secretary shall1 at a minimum-- 7#a7 collect and distribute comprehensive reporting of prices of locally or regionally produced agricultural food products2 7#b7 conduct surveys and analysis and publish reports relating to the production1 handling1 distribution1 retail sales1 and trend studies 7including consumer purchasing patterns7 of or on locally or regionally produced agricultural food products2 7#c7 evaluate the effectiveness of existing programs in growing local and regional food systems1 including-- 7,a7 the impact of local food systems on job creation and economic development2 7,b7 the level of participation in the ,farmers' ,market and ,local ,food ,promotion ,program established under section #f of the ,farmer-to-,consumer ,direct ,marketing ,act of #aigf 7#g ,u4,s4,c4 #cjje71 including the percentage of projects funded in comparison to applicants and the types of eligible entities receiving funds2 7,c7 the ability for participants to leverage private capital and a synopsis of the places from which non-,federal funds are derived2 and 7,d7 any additional resources required to aid in the development or expansion of local and regional food systems2 7#d7 expand the ,agricultural ,resource ,management ,survey to include questions on locally or regionally produced agricultural food products2 and 7#e7 seek to establish or expand private-public partnerships to facilitate1 to the maximum extent practicable1 the collection of data on locally or regionally produced agricultural food products1 including the development of a nationally coordinated and regionally balanced evaluation of the redevelopment of locally or regionally produced food systems4 7c7 ,report ,not later than #a year after the date of enactment of this ,act and annually thereafter1 the ,secretary shall submit to the ,committee on ,agriculture of the ,house of ,representatives and the ,committee on ,agriculture1 ,nutrition1 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 systems4 #ajjje4 ,organic agriculture 7a7 ,organic production and market data initiatives ,section #gdjg of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #eibe;c7 is amended-- 7#a7 in subsection 7c7-- 7,a7 in the matter preceding paragraph 7#a71 by inserting and annually thereafter after this subsection2 7,b7 in paragraph 7#a71 by striking and at the end2 7,c7 by redesignating paragraph 7#b7 as paragraph 7#c72 and 7,d7 by inserting after paragraph 7#a7 the following3 7#b7 describes how data collection agencies 7such as the ,agricultural ,marketing ,service and the ,national ,agricultural ,statistics ,service7 are coordinating with data user agencies 7such as the ,risk ,management ,agency7 to ensure that data collected under this section can be used by data user agencies1 including by the ,risk ,management ,agency to offer price elections for all organic crops2 and 2 and 7#b7 in subsection 7d7-- 7,a7 by striking paragraph 7#c72 7,b7 by redesignating paragraph 7#b7 as paragraph 7#c72 7,c7 by inserting after paragraph 7#a7 the following3 7#b7 ,mandatory funding ,in addition to any funds available under paragraph 7#a71 of the funds of the ,commodity ,credit ,corporation1 the ,secretary shall use to carry out this section #e1jjj1jjj1 to remain available until expended4 2 and 7,d7 in paragraph 7#c7 7as redesignated by subparagraph 7,b77-- 7i7 in the heading1 by striking for fiscal years #bjjh through #bjab2 7ii7 by striking paragraph 7#a7 and inserting paragraphs 7#a7 and 7#b72 and 7iii7 by striking #bjab and inserting #bjah4 7b7 ,modernization and technology upgrade for national organic program ,section #babc of the ,organic ,foods ,production ,act of #aiij 7#g ,u4,s4,c4 #febb7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#e71 by striking and at the end2 7,b7 by redesignating paragraph 7#f7 as paragraph 7#g72 and 7,c7 by inserting after paragraph 7#e7 the following3 7#f7 #ae1jjj1jjj for each of fiscal years #bjad through #bjah2 and 2 and 7#b7 by adding at the end the following3 7c7 ,modernization and technology upgrade for national organic program 7#a7 ,in general ,the ,secretary shall modernize database and technology systems of the national organic program4 7#b7 ,funding ,of the funds of the ,commodity ,credit ,corporation and in addition to any other funds made available for that purpose1 the ,secretary shall make available to carry out this subsection #e1jjj1jjj in fiscal year #bjad1 to remain available until expended4 7d7 ,report ,not later than #ahj days after the date of enactment of this subsection1 the ,secretary shall submit to the ,committee on ,agriculture of the ,house of ,representatives and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate a report that-- 7#a7 describes the efforts of the ,secretary to ensure that activities conducted through commodity research and promotion programs adequately reflect the priorities of all members of the applicable orders2 and 7#b7 includes an assessment of the feasibility of establishing an organic research and promotion program1 including any current barriers to establishment and challenges related to implementation4 4 #ajjjf4 ,food safety education initiatives ,section #ajaje7;c7 of the ,food1 ,conservation1 and ,energy ,act of #bjjh 7#g ,u4,s4,c4 #gfee;a7c77 is amended by striking #bjab and inserting #bjah4 #ajjjg4 ,coordinated plant management program 7a7 ,in general ,section #dbj of the ,plant ,protection ,act 7#g ,u4,s4,c4 #ggba7 is amended-- 7#a7 by striking the section heading and inserting ,coordinated plant management program42 7#b7 by redesignating subsection 7e7 as subsection 7f72 and 7#c7 by inserting after subsection 7d7 the following3 7e7 ,national clean plant network 7#a7 ,in general ,the ,secretary shall establish a program to be known as the ,national ,clean ,plant ,network 7referred to in this subsection as the ,program74 7#b7 ,requirements ,under the ,program1 the ,secretary shall establish a network of clean plant centers for diagnostic and pathogen elimination services-- 7,a7 to produce clean propagative plant material2 and 7,b7 to maintain blocks of pathogen-tested plant material in sites located throughout the ,united ,states4 7#c7 ,availability of clean plant source material ,clean plant source material produced or maintained under the ,program may be made available to-- 7,a7 a ,state for a certified plant program of the ,state2 and 7,b7 private nurseries and producers4 7#d7 ,consultation and collaboration ,in carrying out the ,program1 the ,secretary shall-- 7,a7 consult with-- 7i7 ,state departments of agriculture2 and 7ii7 land-grant colleges and universities and ,,nlgca ,institutions 7as those terms are defined in section #adjd of the ,national ,agricultural ,research1 ,extension1 and ,teaching ,policy ,act of #aigg 7#g ,u4,s4,c4 #cajc772 and 7,b7 to the extent practicable and with input from the appropriate ,state officials and industry representatives1 use existing ,federal or ,state facilities to serve as clean plant centers4 4 7b7 ,funding ,subsection 7f7 of section #dbj of the ,plant ,protection ,act 7#g ,u4,s4,c4 #ggba7 7as redesignated by subsection 7a77#a77 is amended-- 7#a7 in paragraph 7#c71 by striking and at the end2 7#b7 in paragraph 7#d71 by striking and each fiscal year thereafter4 and inserting a semicolon2 and 7#c7 by adding at the end the following3 7#e7 #fj1jjj1jjj for each of fiscal years #bjad through #bjag2 and 7#f7 #fe1jjj1jjj for fiscal year #bjah and each fiscal year thereafter4 4 7c7 ,repeal of existing provision ,section #ajbjb of the ,food1 ,conservation1 and ,energy ,act of #bjjh 7#g ,u4,s4,c4 #ggfa7 is repealed4 7d7 ,clarification of use of funds for technical assistance ,section #dbj of the ,plant ,protection ,act 7#g ,u4,s4,c4 #ggba7 7as amended by subsection 7a77 is amended by adding at the end the following3 7g7 ,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 #aa of the ,commodity ,credit ,corporation ,charter ,act 7#ae ,u4,s4,c4 #gad;i74 4 #ajjjh4 ,specialty crop block grants ,section #aja of the ,specialty ,crops ,competitiveness ,act of #bjjd 7#g ,u4,s4,c4 #afba note2 ,public ,law #ajh-dfe7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking subsection 7j7 and inserting subsection 7l72 and 7,b7 by striking #bjab and inserting #bjah2 7#b7 by striking subsection 7b7 and inserting the following3 7b7 ,grants based on value and acreage ,subject to subsection 7c71 in the case of each ,state with an application for a grant for a fiscal year that is accepted by the ,secretary of ,agriculture under subsection 7f71 the amount of a grant for a fiscal year to a ,state under this section shall bear the same ratio to the total amount made available under subsection 7l7 for that fiscal year as-- 7#a7 the average of the most recent available value of specialty crop production in the ,state and the acreage of specialty crop production in the ,state1 as demonstrated in the most recent ,census of ,agriculture data2 bears to 7#b7 the average of the most recent available value of specialty crop production in all ,states and the acreage of specialty crop production in all ,states1 as demonstrated in the most recent ,census of ,agriculture data4 2 7#c7 by redesignating subsection 7j7 as subsection 7l72 7#d7 by inserting after subsection 7i7 the following3 7j7 ,multistate projects 7#a7 ,in general ,not later than #ahj days after the date of enactment of the ,agriculture ,reform1 ,food1 and ,jobs ,act of #bjac1 the ,secretary of ,agriculture shall issue guidance for the purpose of making grants to multistate projects under this section for projects involving-- 7,a7 food safety2 7,b7 plant pests and disease2 7,c7 crop-specific projects addressing common issues2 and 7,d7 any other area that furthers the purposes of this section1 as determined by the ,secretary4 7#b7 ,funding ,of the funds provided under subsection 7l71 the ,secretary of ,agriculture may allocate for grants under this subsection1 to remain available until expended-- 7,a7 #a1jjj1jjj for fiscal year #bjad2 7,b7 #b1jjj1jjj for fiscal year #bjae2 7,c7 #c1jjj1jjj for fiscal year #bjaf2 7,d7 #d1jjj1jjj for fiscal year #bjag2 and 7,e7 #e1jjj1jjj for fiscal year #bjah4 7k7 ,administration 7#a7 ,department ,the ,secretary of ,agriculture may not use more than #c percent of the funds made available to carry out this section for a fiscal year for administrative expenses4 7#b7 ,states ,a ,state receiving a grant under this section may not use more than #h percent of the funds received under the grant for a fiscal year for administrative expenses4 2 and 7#e7 in subsection 7l7 7as redesignated by paragraph 7#c77-- 7,a7 in paragraph 7#b71 by striking and at the end2 7,b7 in paragraph 7#c71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7#d7 #gj1jjj1jjj for fiscal year #bjad and each fiscal year thereafter4 4 #ajjji4 ,recordkeeping1 investigations1 and enforcement ,the ,organic ,foods ,production ,act of #aiij is amended by inserting after section #babj 7#g ,u4,s4,c4 #feai7 the following3 #babj;,a4 ,recordkeeping1 investigations1 and enforcement 7a7 ,recordkeeping 7#a7 ,in general ,except as otherwise provided in this title1 all persons1 including producers1 handlers1 and certifying agents1 required to report information to the ,secretary under this title shall maintain1 and make available to the ,secretary on the request of the ,secretary1 all contracts1 agreements1 receipts1 and other records associated with the organic certification program established by the ,secretary under this title4 7#b7 ,duration of recordkeeping requirement ,a record covered by paragraph 7#a7 shall be maintained-- 7,a7 by a person covered by this title1 except for a certifying agent1 for a period of #e years beginning on the date of the creation of the record2 and 7,b7 by a certifying agent1 for a period of #aj years beginning on the date of the creation of the record4 7b7 ,confidentiality 7#a7 ,in general ,subject to paragraph 7#b71 and except as otherwise directed by the ,secretary or the ,attorney ,general for enforcement purposes1 no officer1 employee1 or agent of the ,united ,states shall make available to the public information1 statistics1 or documents obtained from or made available by any person under this title1 other than in a manner that ensures that confidentiality is preserved regarding the identity of persons1 including parties to a contract1 and proprietary business information4 7#b7 ,alleged violators and nature of actions ,the ,secretary may release the name of the alleged violator and the nature of the actions triggering an order1 suspension1 or revocation under subsection 7e74 7c7 ,investigation 7#a7 ,in general ,the ,secretary may take such investigative actions as the ,secretary considers to be necessary to carry out this title-- 7,a7 to verify the accuracy of any information reported or made available under this title2 and 7,b7 to determine1 with regard to actions1 practices1 or information required under this title1 whether a person covered by this title has committed1 or will commit1 a violation of any provision of this title1 including an order or regulation promulgated by the ,secretary4 7#b7 ,investigative powers ,the ,secretary may administer oaths and affirmations1 subpoena witnesses1 compel attendance of witnesses1 take evidence1 and require the production of any books1 papers1 and documents that are relevant to the investigation4 7d7 ,unlawful ,act ,it shall be unlawful and a violation of this title for any person covered by this title-- 7#a7 to fail or refuse to provide1 or delay the timely provision of1 accurate information required by the ,secretary under this section2 7#b7 to violate-- 7,a7 an order of the ,secretary2 7,b7 a suspension or revocation of the organic certification of a producer or handler2 or 7,c7 a suspension or revocation of the accreditation of a certifying agent2 or 7#c7 to sell1 or attempt to sell1 a product that is represented as being organically produced under this title if in fact the product has been produced or handled by an operation that is not yet a certified organic producer or handler under this title4 7e7 ,enforcement 7#a7 ,order ,the ,secretary may issue an order to stop the sale of an agricultural product that is labeled or otherwise represented as being organically produced-- 7,a7 until the product can be verified-- 7i7 as meeting the national and ,state standards for organic production and handling as provided in sections #baje through #baad2 7ii7 as having been produced or handled without the use of a prohibited substance listed under section #baah2 and 7iii7 as being produced and handled by a certified organic operation2 and 7,b7 if a person has committed an unlawful act with respect to the product under subsection 7d74 7#b7 ,certification or accreditation 7,a7 ,suspension 7i7 ,in general ,the ,secretary may suspend the organic certification of a producer or handler1 or accreditation of a certifying agent1 for a period not to exceed #cj days1 and may renew the suspension for an additional period1 under the circumstances described in clause 7ii74 7ii7 ,actions triggering suspension ,the ,secretary may take the suspension or renewal actions described in clause 7i71 if the ,secretary has reason to believe that a person producing or handling an agricultural product1 or a certifying agent1 has violated or is violating any provision of this title1 including an order or regulation promulgated under this title4 7iii7 ,continuation of suspension through appeal ,if the ,secretary determines subsequent to an investigation that a violation of this title by a person covered by this title has occurred1 the suspension shall remain in effect until the ,secretary issues a revocation of the certification of the person or of the accreditation of the certifying agent1 covered by this title1 after an expedited administrative appeal under section #baba has been completed4 7,b7 ,revocation ,after notice and opportunity for an administrative appeal under section #baba1 if a violation described in subparagraph 7,a77ii7 is determined to have occurred and is an unlawful act under subsection 7d71 the ,secretary shall revoke the organic certification of the producer or handler1 or the accreditation of the certifying agent4 7#c7 ,violation of order or revocation ,a person who violates an order to stop the sale of a product as an organically produced product under paragraph 7#a71 or a revocation of certification or accreditation under paragraph 7#b77;,b71 shall be subject to #a or more of the penalties provided in subsections 7a7 and 7b7 of section #babj4 7f7 ,appeal 7#a7 ,in general ,an order under subsection 7e77#a71 or a revocation of certification or accreditation under subsection 7e77#b77;,b7 shall be final and conclusive unless the affected person files an appeal of the order-- 7,a7 first1 to the administrative appeals process established under section #baba7;a72 and 7,b7 second1 if the affected person so elects1 to a ,united ,states district court as provided in section #baba7;b7 not later than #cj days after the date of the determination under subparagraph 7,a74 7#b7 ,standard ,an order under subsection 7e77#a71 or a revocation of certification or accreditation under subsection 7e77#b77;,b71 shall be set aside only if the order1 or the revocation of certification or accreditation1 is not supported by substantial evidence4 7g7 ,noncompliance 7#a7 ,in general ,if a person covered by this title fails to obey an order1 or a revocation of certification or accreditation1 described in subsection 7f77#b7 after the order or revocation has become final and conclusive or after the appropriate ,united ,states district court has entered a final judgment in favor of the ,secretary1 the ,united ,states may apply to the appropriate ,united ,states district court for enforcement of the order1 or the revocation of certification or accreditation4 7#b7 ,enforcement ,if the court determines that the order or revocation was lawfully made and duly served and that the person violated the order or revocation1 the court shall enforce the order or revocation4 7#c7 ,civil penalty ,if the court finds that the person violated the order or revocation1 the person shall be subject to a civil penalty of not more than #aj1jjj for each offense4 4 #ajjaj4 ,report on honey 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary1 in consultation with affected stakeholders1 shall submit to the ,commissioner of ,food and ,drugs a report describing how an appropriate ,federal standard for the identity of honey would promote honesty and fair dealing and would be in the interest of consumers1 the honey industry1 and ,united ,states agriculture4 7b7 ,contents ,in preparing the report under subsection 7a71 the ,secretary shall take into consideration the ,march #bjjf ,standard of ,identity citizens petition filed with the ,food and ,drug ,administration1 including any current industry amendments or clarifications necessary to update that #bjjf petition4 #ajjaa4 ,effective date ,this title and the amendments made by this title take effect on ,october #a1 #bjac4 ,,xi ,crop insurance #aajja4 ,supplemental coverage option 7a7 ,availability of supplemental coverage option ,section #ejh7;c7 of the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aejh7;c77 is amended by striking paragraph 7#c7 and inserting the following3 7#c7 ,yield and loss basis options ,a producer shall have the option of purchasing additional coverage based on-- 7,a7 7i7 an individual yield and loss basis2 or 7ii7 an area yield and loss basis2 7,b7 an individual yield and loss basis1 supplemented with coverage based on an area yield and loss basis to cover all or a part of the deductible under the individual yield and loss policy1 as authorized in paragraph 7#d77;,c72 or 7,c7 a margin basis alone or in combination with-- 7i7 individual yield and loss coverage2 or 7ii7 area yield and loss coverage4 4 7b7 ,level of coverage ,section #ejh7;c7 of the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aejh7;c77 is amended by striking paragraph 7#d7 and inserting the following3 7#d7 ,level of coverage 7,a7 ,dollar denomination and percentage of yield ,except as provided in subparagraph 7,c71 the level of coverage-- 7i7 shall be dollar denominated2 and 7ii7 may be purchased at any level not to exceed #he percent of the individual yield or #ie percent of the area yield 7as determined by the ,corporation74 7,b7 ,information ,the ,corporation shall provide producers with information on catastrophic risk and additional coverage in terms of dollar coverage 7within the allowable limits of coverage provided in this paragraph74 7,c7 ,supplemental coverage option 7i7 ,in general ,notwithstanding subparagraph 7,a71 in the case of the supplemental coverage option described in paragraph 7#c77;,b71 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 all or part of the deductible under the policy or plan of insurance1 if sufficient area data is available 7as determined by the ,corporation74 7ii7 ,trigger ,coverage offered under this subparagraph shall be triggered only if the losses in the area exceed #aj percent of normal levels 7as determined by the ,corporation74 7iii7 ,coverage ,subject to the trigger described in clause 7ii7 and the deductible imposed by clause 7iv71 coverage offered under this subparagraph shall cover the first loss incurred by the producer1 not to exceed the difference between-- 7,i7 #ajj percent2 and 7,,ii7 the coverage level selected by the producer for the underlying policy or plan of insurance4 7iv7 ,deductible ,coverage offered under this subparagraph shall be subject to a deductible in an amount equal to-- 7,i7 in the case of a producer who participates in the agriculture risk coverage program under section #aaje7;c7 of the ,agriculture ,reform1 ,food1 and ,jobs ,act of #bjac1 #ba percent of the expected value of the crop of the producer covered by the underlying policy or plan of insurance1 as determined by the ,corporation2 and 7,,ii7 in the case of all other producers1 #aj percent of the expected value of the crop of the producer covered by the underlying policy or plan of insurance1 as determined by the ,corporation4 7v7 ,calculation of premium ,notwithstanding subsection 7d71 the premium shall-- 7,i7 be sufficient to cover anticipated losses and a reasonable reserve2 and 7,,ii7 include an amount for operating and administrative expenses established in accordance with subsection 7k77#d77;,f74 4 7c7 ,payment of portion of premium by ,corporation ,section #ejh7;e77#b7 of the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aejh7;e77#b77 is amended by adding at the end the following3 7,h7 ,in the case of the supplemental coverage option authorized in subsection 7c77#d77;,c71 the amount shall be equal to the sum of-- 7i7 #gj percent of the additional premium associated with the coverage2 and 7ii7 the amount determined under subsection 7c77#d77;,c77v77,,ii7 for the coverage to cover operating and administrative expenses4 4 7d7 ,conforming amendment ,section #ejh7k77#d77;,f7 of the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aejh7k77#d77;,f77 is amended by inserting or authorized under subsection 7c77#d77;,c7 after of this subparagraph4 7e7 ,effective date ,the ,federal ,crop ,insurance ,corporation shall begin to provide additional coverage based on an individual yield and loss basis1 supplemented with coverage based on an area yield and loss basis1 not later than for the #bjac crop year4 #aajjb4 ,premium amounts for catastrophic risk protection ,section #ejh7;d77#b7 of the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aejh7;d77#b77 is amended by striking subparagraph 7,a7 and inserting the following3 7,a7 ,in the case of catastrophic risk protection1 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 #ajj percent1 plus a reasonable reserve1 as determined by the ,corporation4 4 #aajjc4 ,permanent enterprise unit ,section #ejh7;e77#e7 of the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aejh7;e77#e77 is amended by striking subparagraph 7,a7 and inserting the following3 7,a7 ,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 7#b74 4 #aajjd4 ,enterprise units for irrigated and nonirrigated crops ,section #ejh7;e77#e7 of the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aejh7;e77#e77 is amended by adding at the end the following3 7,d7 ,nonirrigated crops ,beginning with the #bjac crop year1 the ,corporation shall make available separate enterprise units for irrigated and nonirrigated acreages of crops in counties4 4 #aajje4 ,data collection ,section #ejh7;g77#b7 of the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aejh7;g77#b77 is amended by adding at the end the following3 7,e7 ,sources of yield data ,to determine yields under this paragraph1 the ,corporation-- 7i7 shall use county data collected by the ,risk ,management ,agency or the ,national ,agricultural ,statistics ,service1 or both2 or 7ii7 if sufficient county data is not available1 may use other data considered appropriate by the ,secretary4 4 #aajjf4 ,adjustment in actual production history to establish insurable yields ,section #ejh7;g77#d77;,b7 of the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aejh7;g77#d77;,b77 is amended-- 7#a7 in the matter preceding clause 7i71 by inserting for the #bjab crop year or any prior crop year1 or #gj percent of the applicable transitional yield for the #bjac or any subsequent crop year1 after transitional yield2 and 7#b7 in clause 7ii71 by striking #fj percent of the applicable transitional yield and inserting the applicable percentage of the transitional yield described in this subparagraph4 #aajjg4 ,submission and review of policies ,section #ejh7;h77#a7 of the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aejh7;h77#a77 is amended-- 7#a7 by redesignating subparagraphs 7,a7 and 7,b7 as clauses 7i7 and 7ii71 respectively1 and indenting appropriately2 7#b7 by striking 7#a7 ,in general4-- and inserting the following3 7#a7 ,submission and review of policies 7,a7 ,submissions ,in addition 2 and 7#c7 by adding at the end the following3 7,b7 ,review ,the ,corporation shall review any policy developed under section #ebb7;c7 or any pilot program developed under section #ebc and submit the policy or program to the ,board under this subsection if the ,corporation1 at the sole discretion of the ,corporation1 finds that the policy or program-- 7i7 will likely result in a viable and marketable policy consistent with this subsection2 7ii7 would provide crop insurance coverage in a significantly improved form2 and 7iii7 adequately protects the interests of producers4 4 #aajjh4 ,board review and approval 7a7 ,review and approval by the board ,section #ejh7;h7 of the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aejh7;h77 is amended by striking paragraph 7#c7 and inserting the following3 7#c7 ,review and approval by the board 7,a7 ,in general ,a policy1 plan of insurance1 or other material submitted to the ,board under this subsection shall be reviewed by the ,board and shall be approved by the ,board for reinsurance and for sale by approved insurance providers to producers at actuarially appropriate rates and under appropriate terms and conditions if the ,board1 at the sole discretion of the ,board1 determines that-- 7i7 the interests of producers are adequately protected2 7ii7 the rates of premium and price election methodology are actuarially appropriate2 7iii7 the terms and conditions for the proposed policy or plan of insurance are appropriate and would not unfairly discriminate among producers2 7iv7 the proposed policy or plan of insurance will1 at the sole discretion of the ,board-- 7,i7 likely result in a viable and marketable policy that can reasonably attain levels of participation similar to other like policies or plans of insurance2 7,,ii7 provide crop insurance coverage in a significantly improved form or in a manner that addresses a recognized flaw or problem in an existing policy2 or 7,,iii7 provide a new kind of coverage for a commodity that previously had no available crop insurance1 or has demonstrated a low level of participation under existing coverage2 7v7 the proposed policy or plan of insurance will1 at the sole discretion of the ,board1 not have a significant adverse impact on the crop insurance delivery system2 and 7vi7 the proposed policy or plan of insurance meets such other requirements as are determined appropriate by the ,board4 7,b7 ,priorities 7i7 ,establishment ,the ,board1 at the sole discretion of the ,board1 may-- 7,i7 annually establish priorities under this subsection that specify types of submissions needed to fulfill the portfolio of policies or plans of insurance to be reviewed and approved under this subsection2 and 7,,ii7 make the priorities available on the website of the ,corporation4 7ii7 ,process 7,i7 ,in general ,policies or plans of insurance that satisfy the priorities established by the ,board under this subsection shall be considered by the ,board for approval prior to other submissions4 7,,ii7 ,considerations ,in approving policies or plans of insurance1 the ,board shall-- 7aa7 consider providing the highest priorities for policies or plans of insurance that address underserved commodities1 including commodities for which there is no insurance2 and 7bb7 consider providing the highest priorities for existing policies for which there is inadequate coverage or there exists low levels of participation4 7iii7 ,other criteria ,the ,board may establish such other criteria as the ,board determines to meet the needs of producers and the priorities of this subsection1 consistent with the purposes of this subtitle4 4 #aajji4 ,consultation ,section #ejh7;h77#d7 of the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aejh7;h77 is amended by adding at the end the following3 7,e7 ,consultation 7i7 ,requirement ,as part of the feasibility and research associated with the development of a policy or other material conducted prior to making a submission to the ,board under this subsection1 the submitter shall consult with groups representing producers of agricultural commodities in all major producing areas for the commodities to be served or potentially impacted1 either directly or indirectly4 7ii7 ,submission to the board ,any submission made to the ,board under this subsection shall contain a summary and analysis of the feasibility and research findings from the impacted groups described in clause 7i71 including a summary assessment of the support for or against development of the policy and an assessment on the impact of the proposed policy to the general marketing and production of the crop from both a regional and national perspective4 7iii7 ,evaluation by the board ,in evaluating whether the interests of producers are adequately protected pursuant to paragraph 7#c7 with respect to an submission made under this subsection1 the ,board shall review the information provided pursuant to clause 7ii7 to determine if the submission will create adverse market distortions with respect to the production of commodities that are the subject of the submission4 4 #aajaj4 ,budget limitations on renegotiation of the ,standard ,reinsurance ,agreement ,section #ejh7k77#h7 of the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aejh7k77#h77 is amended by adding at the end the following3 7,f7 ,budget 7i7 ,in general ,the ,board shall ensure that any ,standard ,reinsurance ,agreement negotiated under subparagraph 7,a77ii71 as compared to the previous ,standard ,reinsurance ,agreement-- 7,i7 to the maximum extent practicable1 shall be budget neutral2 and 7,,ii7 in no event1 may significantly depart from budget neutrality4 7ii7 ,use of savings ,to the extent that any budget savings is realized in the renegotiation of a ,standard ,reinsurance ,agreement under subparagraph 7,a77ii71 and the savings are determined not to be a significant departure from budget neutrality under clause 7i71 the savings shall be used for programs administered or managed by the ,risk ,management ,agency4 4 #aajaa4 ,stacked ,income ,protection ,plan for producers of upland cotton 7a7 ,availability of stacked income protection plan ,the ,federal ,crop ,insurance ,act is amended by inserting after section #ejh;,a 7#g ,u4,s4,c4 #aejh;a7 the following3 #ejh;,b4 ,stacked ,income ,protection ,plan for producers of upland cotton 7a7 ,availability ,beginning not later than the #bjac crop of upland cotton1 if practicable1 the ,corporation shall make available to producers of maximum eligible acres of upland cotton an additional policy 7to be known as the ,stacked ,income ,protection ,plan71 which shall provide coverage consistent with the ,group ,risk ,income ,protection ,plan 7and the associated ,harvest ,revenue ,option ,endorsement7 offered by the ,corporation for the #bjaa crop year4 7b7 ,required terms ,the ,corporation may modify the ,stacked ,income ,protection ,plan on a program-wide basis1 except that the ,stacked ,income ,protection ,plan shall comply with the following requirements3 7#a7 7,a7 ,provide coverage for revenue loss of not more than #cj percent of expected county revenue1 specified in increments of #e percent4 7,b7 ,the deductible is the minimum percent of revenue loss at which indemnities are triggered under the plan1 not to be less than #aj percent of the expected county revenue4 7,c7 ,once the deductible is met1 any losses in excess of the deductible will be paid up to the coverage selected by the producer4 7#b7 ,be offered to producers of upland cotton in all counties with upland cotton production-- 7,a7 at a county-wide level to the fullest extent practicable2 or 7,b7 in counties that lack sufficient data1 on the basis of such larger geographical area as the ,corporation determines to provide sufficient data for purposes of providing the coverage4 7#c7 ,be purchased in addition to any other individual or area coverage in effect on the producer's acreage or as a stand-alone policy1 except that if a producer has an individual or area coverage for the same acreage1 the maximum coverage available under the ,stacked ,income ,protection ,plan shall not exceed the deductible for the individual or area coverage4 7#d7 ,establish coverage based on-- 7,a7 an expected price that is the expected price established under existing ,group ,risk ,income ,protection or area wide policy offered by the ,corporation for the applicable county 7or area7 and crop year2 and 7,b7 an expected county yield that is the higher of-- 7i7 the expected county yield established for the existing area-wide plans offered by the ,corporation for the applicable county 7or area7 and crop year 7or1 in geographic areas where area-wide plans are not offered1 an expected yield determined in a manner consistent with those of area-wide plans72 or 7ii7 7,i7 the average of the applicable yield data for the county 7or area7 for the most recent #e years1 excluding the highest and lowest observations1 from the ,risk ,management ,agency or the ,national ,agricultural ,statistics1 or both2 or 7,,ii7 if sufficient county data is not available1 such other data considered appropriate by the ,secretary4 7#e7 ,use a multiplier factor to establish maximum protection per acre 7referred to as a protection factor7 of not more than #abj percent4 7#f7 ,pay an indemnity based on the amount that the expected county revenue exceeds the actual county revenue1 as applied to the individual coverage of the producer4 ,indemnities under the ,stacked ,income ,protection ,plan shall not include or overlap the amount of the deductible selected under paragraph 7#a74 7#g7 ,to the maximum extent practicable1 in all counties for which data are available1 establish separate coverage for irrigated and nonirrigated practices4 7#h7 ,notwithstanding section #ejh7;d71 include a premium that-- 7,a7 is sufficient to cover anticipated losses and a reasonable reserve2 and 7,b7 includes an amount for operating and administrative expenses established in accordance with section #ejh7k77#d77;,f74 7c7 ,relation to other coverages 7#a7 ,in general ,except as provided in paragraph 7#b71 the ,stacked ,income ,protection ,plan is in addition to all other coverages available to producers of upland cotton4 7#b7 ,limitation ,acreage of upland cotton insured under the ,supplemental ,coverage ,option shall not be eligible for the ,stacked ,income ,protection ,plan4 7d7 ,payment of portion of premium by ,corporation ,subject to section #ejh7;e77#d71 the amount of premium paid by the ,corporation for all qualifying coverage levels of the ,stacked ,income ,protection ,plan shall be-- 7#a7 #hj percent of the amount of the premium established under subsection 7b77#h77;,a7 for the coverage level selected2 and 7#b7 the amount determined under subsection 7b77#h77;,b7 to cover administrative and operating expenses4 4 7b7 ,conforming amendment ,section #ejh7k77#d77;,f7 of the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aejh7k77#d77;,f77 7as amended by section #aajja7;d77 is amended by inserting or under section #ejh;,b after subsection 7c77#d77;,c74 #aajab4 ,peanut revenue crop insurance ,the ,federal ,crop ,insurance ,act is amended by inserting after section #ejh;,b 7as added by section #aajaa7;a77 the following3 #ejh;,c4 ,peanut revenue crop insurance 7a7 ,in general ,effective beginning with the #bjac crop year1 the ,risk ,management ,agency and the ,corporation shall make available to producers of peanuts a revenue crop insurance program for peanuts4 7b7 ,effective price 7#a7 ,in general ,subject to paragraph 7#b71 for purposes of the policies and plans of insurance offered under subsections 7a7 and 7b7 of section #ejh1 the effective price for peanuts shall be equal to the ,rotterdam price index for peanuts1 as adjusted to reflect the farmer stock price of peanuts in the ,united ,states4 7#b7 ,adjustments 7,a7 ,in general ,the effective price for peanuts established under paragraph 7#a7 may be adjusted by the ,risk ,management ,agency and the ,corporation to correct distortions4 7,b7 ,administration ,if an adjustment is made under subparagraph 7,a71 the ,risk ,management ,agency and the ,corporation shall-- 7i7 make the adjustment in an open and transparent manner2 and 7ii7 submit to the ,committee on ,agriculture of the ,house of ,representatives and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate a report that describes the reasons for the adjustment4 4 #aajac4 ,authority to correct errors ,section #eae7;c7 of the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aeae7;c77 is amended-- 7#a7 in the first sentence1 by striking ,the ,secretary and inserting the following3 7#a7 ,in general ,the ,secretary 2 7#b7 in the second sentence1 by striking ,beginning with and inserting the following3 7#b7 ,frequency ,beginning with 2 and 7#c7 by adding at the end the following3 7#c7 ,corrections 7,a7 ,in general ,the ,corporation shall establish procedures that allow an agent and approved insurance provider within a reasonable amount of time following the applicable sales closing date to correct information regarding the entity name1 social security number1 tax identification number1 or such other eligibility information as determined by the ,corporation 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 consistent with the information reported by the producer to the ,farm ,service ,agency4 7,b7 ,limitation ,in accordance with the procedures of the ,corporation1 procedures under subparagraph 7,a7 may include any subsequent correction to the eligibility information described in that subparagraph made by the ,farm ,service ,agency if the corrections do not allow the producer-- 7i7 to obtain a disproportionate benefit under the crop insurance program or any related program of the ,department of ,agriculture2 7ii7 to avoid ineligibility requirements for insurance2 or 7iii7 to avoid an obligation or requirement under any ,federal or ,state law4 4 #aajad4 ,implementation ,section #eae of the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aeae7 is amended-- 7#a7 in subsection 7j71 by striking paragraph 7#a7 and inserting the following3 7#a7 ,systems maintenance and upgrades 7,a7 ,in general ,the ,secretary shall maintain and upgrade the information management systems of the ,corporation used in the administration and enforcement of this subtitle4 7,b7 ,requirement 7i7 ,in general ,in maintaining and upgrading the systems1 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 section4 7ii7 ,acreage report streamlining initiative project ,as soon as practicable1 the ,secretary shall develop and implement an acreage report streamlining initiative project to allow producers to report acreage and other information directly to the ,department4 2 and 7#b7 in subsection 7k71 by striking paragraph 7#a7 and inserting the following3 7#a7 ,information technology 7,a7 ,in general ,for purposes of subsection 7j77#a71 the ,corporation may use1 from amounts made available from the insurance fund established under section #eaf7;c71 not more than-- 7i7 7,i7 for fiscal year #bjad1 #be1jjj1jjj2 and 7,,ii7 for each of fiscal years #bjae through #bjah1 #aj1jjj1jjj2 or 7ii7 if the ,acreage ,crop ,reporting ,streamlining ,initiative 7,,acrsi7 project is substantially completed by ,september #cj1 #bjac1 not more than #ae1jjj1jjj for each of fiscal years #bjae through #bjah4 7,b7 ,notification ,not later than ,july #a1 #bjac1 the ,secretary shall notify the ,committee on ,agriculture of the ,house of ,representatives and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate on the status of the substantial completion of the ,acreage ,crop ,reporting ,streamlining ,initiative 7,,acrsi7 project4 4 #aajae4 ,approval of costs for research and development ,section #ebb7;b77#b7 of the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aebb7;b77#b77 is amended by striking subparagraph 7,e7 and inserting the following3 7,e7 ,approval 7i7 ,in general ,the ,board may approve up to #ej percent of the projected total research and development costs to be paid in advance to an applicant1 in accordance with the procedures developed by the ,board for the making of the payments1 if1 after consideration of the reviewer reports described in subparagraph 7,d7 and such other information as the ,board determines appropriate1 the ,board determines that-- 7,i7 the concept1 in good faith1 will likely result in a viable and marketable policy consistent with section #ejh7;h72 7,,ii7 at the sole discretion of the ,board1 the concept1 if developed into a policy and approved by the ,board1 would provide crop insurance coverage-- 7aa7 in a significantly improved form or that addresses a unique need of agricultural producers2 7bb7 to a crop or region not traditionally served by the ,federal crop insurance program2 or 7cc7 in a form that addresses a recognized flaw or problem in the program2 7,,iii7 the applicant agrees to provide such reports as the ,corporation determines are necessary to monitor the development effort2 7,,iv7 the proposed budget and timetable are reasonable1 as determined by the ,board2 and 7,v7 the concept proposal meets any other requirements that the ,board determines appropriate4 7ii7 ,waiver ,the ,board may waive the #ej-percent limitation and1 upon request of the submitter after the submitter has begun research and development activities1 the ,board may approve an additional #be percent advance payment to the submitter for research and development costs1 if1 at the sole discretion of the ,board1 the ,board determines that-- 7,i7 the intended policy or plan of insurance developed by the submitter will provide coverage for a region or crop that is underserved by the ,federal crop insurance program1 including specialty crops2 7,,ii7 the submitter is making satisfactory progress towards developing a viable and marketable policy or plan of insurance consistent with section #ejh7;h72 and 7,,iii7 the submitter does not have sufficient financial resources to complete the development of the submission into a viable and marketable policy or plan of insurance consistent with section #ejh7;h74 4 #aajaf4 ,whole farm risk management insurance ,section #ebb7;c7 of the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aebb7;c77 is amended by adding at the end the following3 7#ah7 ,whole farm diversified risk management insurance plan 7,a7 ,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 plan1 with a liability limitation of #a1ejj1jjj1 that allows a diversified crop or livestock producer the option to qualify for an indemnity if actual gross farm revenue is below #he percent of the average gross farm revenue or the expected gross farm revenue that can reasonably be expected of the producer1 as determined by the ,corporation4 7,b7 ,eligible producers ,the ,corporation shall permit producers 7including direct-to-consumer marketers1 and producers servicing local and regional and farm identity-preserved markets7 who produce multiple agricultural commodities1 including specialty crops1 industrial crops1 livestock1 and aquaculture products1 to participate in the plan in lieu of any other plan under this subtitle4 7,c7 ,diversification ,the ,corporation may provide diversification-based additional coverage payment rates1 premium discounts1 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 farm4 7,d7 ,market readiness ,the ,corporation may include coverage for the value of any packing1 packaging1 or any other similar on-farm activity the ,corporation determines to be the minimum required in order to remove the commodity from the field4 7,e7 ,report ,not later than #b years after the date of enactment of this paragraph1 the ,corporation shall submit to the ,committee on ,agriculture of the ,house of ,representatives and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate a report that describes the results and feasibility of the research and development conducted under this paragraph1 including an analysis of potential adverse market distortions4 4 #aajag4 ,study of food safety insurance ,section #ebb7;c7 of the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aebb7;c77 7as amended by section #aajaf7 is amended by adding at the end the following3 7#ai7 ,study of food safety insurance 7,a7 ,in general ,the ,corporation shall offer to enter into a contract with #a 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 producers4 7,b7 ,subject ,the study described in subparagraph 7,a7 shall evaluate policies and plans of insurance coverage that provide protection for production or revenue impacted by food safety concerns including1 at a minimum1 government1 retail1 or national consumer group announcements of a health advisory1 removal1 or recall related to a contamination concern4 7,c7 ,report ,not later than #a year after the date of enactment of this paragraph1 the ,corporation shall submit to the ,committee on ,agriculture of the ,house of ,representatives and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate a report that describes the results of the study conducted under subparagraph 7,a74 4 #aajah4 ,crop insurance for livestock ,section #ebb7;c7 of the ,federal ,crop ,insurance ,act 7as amended by section #aajaf7 is amended by adding at the end the following3 7#ai7 ,study on swine catastrophic disease program 7,a7 ,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 event4 7,b7 ,report ,not later than #a year after the date of the enactment of this paragraph1 the ,corporation shall submit to the ,committee on ,agriculture of the ,house of ,representatives and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate a report that describes the results of the study conducted under subparagraph 7,a74 4 #aajai4 ,margin coverage for catfish ,section #ebb7;c7 of the ,federal ,crop ,insurance ,act 7as amended by section #aajag7 is amended by adding at the end the following3 7#bj7 ,margin coverage for catfish 7,a7 ,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 catfish4 7,b7 ,eligibility ,eligibility for the policy described in subparagraph 7,a7 shall be limited to freshwater species of catfish that are propagated and reared in controlled or selected environments4 7,c7 ,implementation ,the ,board shall review the policy described in subparagraph 7,b7 under subsection #ejh7;h7 and approve the policy if the ,board finds that the policy-- 7i7 will likely result in a viable and marketable policy consistent with this subsection2 7ii7 would provide crop insurance coverage in a significantly improved form2 7iii7 adequately protects the interests of producers2 and 7iv7 the proposed policy meets other requirements of this subtitle determined appropriate by the ,board4 4 #aajbj4 ,poultry business disruption insurance policy ,section #ebb7;c7 of the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aebb7;c77 7as amended by sections #aajaf1 #aajag1 and #aajah7 is amended by adding at the end the following3 7#ba7 ,poultry business disruption insurance policy and catastrophic disease program 7,a7 ,definition of poultry ,in this paragraph1 the term poultry has the meaning given the term in section #b7;a7 of the ,packers and ,stockyards ,act1 #aiba 7#g ,u4,s4,c4 #ahb7;a774 7,b7 ,authority ,the ,corporation shall offer to enter into #a or more contracts with qualified entities to carry out-- 7i7 a study to determine the feasibility of insuring commercial poultry production against business disruptions caused by integrator bankruptcy2 and 7ii7 a study to determine the feasibility of insuring poultry producers for a catastrophic event4 7,c7 ,business disruption study ,the study described in subparagraph 7,b77i7 shall-- 7i7 evaluate the market place for business disruption insurance that is available to poultry producers2 7ii7 assess the feasibility of a policy to allow producers to ensure against a portion of losses from loss under contract due to business disruption from integrator bankruptcy2 and 7iii7 analyze the costs to the ,federal ,government of a ,federal business disruption insurance program for poultry producers4 7,d7 ,reports ,not later than #a year after the date of enactment of this paragraph1 the ,corporation shall submit to the ,committee on ,agriculture of the ,house of ,representatives and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate a report that describes the results of-- 7i7 the study carried out under subparagraph 7,b77i72 and 7ii7 the study carried out under subparagraph 7,b77ii74 4 #aajba4 ,crop insurance for organic crops 7a7 ,in general ,section #ejh7;c77#f7 of the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aejh7;c77#f77 is amended by adding at the end the following3 7,d7 ,organic crops 7i7 ,in general ,as soon as possible1 but not later than the #bjae reinsurance year1 the ,corporation shall offer producers of organic crops price elections for all organic crops produced in compliance with standards issued by the ,department of ,agriculture under the national organic program established under the ,organic ,foods ,production ,act of #aiij 7#g ,u4,s4,c4 #feja et seq47 that reflect the actual retail or wholesale prices1 as appropriate1 received by producers for organic crops1 as determined by the ,secretary using all relevant sources of information4 7ii7 ,annual report ,the ,corporation shall submit to the ,committee on ,agriculture of the ,house of ,representatives and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate an annual report on progress made in developing and improving ,federal crop insurance for organic crops1 including-- 7,i7 the numbers and varieties of organic crops insured2 7,,ii7 the progress of implementing the price elections required under this subparagraph1 including the rate at which additional price elections are adopted for organic crops2 7,,iii7 the development of new insurance approaches relevant to organic producers2 and 7,,iv7 any recommendations the ,corporation considers appropriate to improve ,federal crop insurance coverage for organic crops4 4 7b7 ,conforming amendment ,section #ebb7;c7 of the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aebb7;c77 7as amended by section #aajah7 is amended-- 7#a7 by striking paragraph 7#aj72 and 7#b7 by redesignating paragraphs 7#aa7 through 7#bj7 as paragraphs 7#aj7 through 7#ai71 respectively4 #aajbb4 ,research and development 7a7 ,in general ,section #ebb7;c7 of the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aebb7;c77 is amended-- 7#a7 in the subsection heading1 by striking ,contracting2 7#b7 in paragraph 7#a71 in the matter preceding subparagraph 7,a71 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 to2 7#c7 in paragraph 7#b7-- 7,a7 in subparagraph 7,a71 by inserting conduct research and development or after ,the ,corporation may2 and 7,b7 by striking subparagraph 7,b7 and inserting the following3 7,b7 ,consultation ,before conducting research and development or entering into a contract under subparagraph 7,a71 the ,corporation shall follow the consultation requirements described in section #ejh7;h77#d77;,e74 2 7#d7 in paragraph 7#e71 by inserting after expert review in accordance with section #eje7;e7 and procedures of the ,board after approved by the ,board2 and 7#e7 in paragraph 7#f71 by striking a pasture1 range1 and forage program and inserting policies that increase participation by producers of underserved agricultural commodities1 including sweet sorghum1 sorghum for biomass1 specialty crops1 sugarcane1 and dedicated energy crops4 7b7 ,funding ,section #ebb7;e7 of the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aebb7;e77 is amended-- 7#a7 in paragraph 7#b7-- 7,a7 by striking 7,a7 ,authority4-- and inserting 7,a7 ,conducting and contracting for research and development4--2 7,b7 in subparagraph 7,a71 by inserting conduct research and development and after the ,corporation may use to2 and 7,c7 in subparagraph 7,b71 by inserting conduct research and development and after for the fiscal year to2 7#b7 in paragraph 7#c71 in the matter preceding subparagraph 7,a71 by striking to provide either reimbursement payments or contract payments2 and 7#c7 by striking paragraph 7#d74 #aajbc4 ,pilot programs ,section #ebc7;a7 of the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aebc7;a77 is amended-- 7#a7 in paragraph 7#a71 by inserting 1 at the sole discretion of the ,corporation1 after may2 and 7#b7 by striking paragraph 7#e74 #aajbd4 ,index-based weather insurance pilot program ,section #ebc7;a77#b7 of the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aebc7;a77#b77 is amended-- 7#a7 by striking ,under inserting the following3 7,a7 ,in general ,under 2 and 7#b7 by adding at the end the following3 7,b7 ,index-based weather insurance pilot program 7i7 ,in general ,notwithstanding subparagraph 7,a71 the ,corporation1 at the sole discretion of the ,corporation1 may conduct a pilot program to provide financial assistance for producers of underserved crops and livestock 7including specialty crops7 to purchase an index-based weather insurance product from a private insurance company1 subject to the requirements of this subparagraph4 7ii7 ,payment of premium 7,i7 ,in general ,subject to subclause 7,,ii7 and clause 7v71 the ,corporation may pay a portion of the premium for producers who purchase index-based weather insurance protection from a private insurance company for a crop and policy that is not reinsured under this subtitle1 as determined by the ,corporation4 7,,ii7 ,condition ,the premium assistance under subclause 7,i7 shall not exceed #fj percent of the estimated premium amount1 based on expected losses1 representative operating expenses1 and representative profit margins1 as determined by the ,corporation4 7iii7 ,eligible providers ,before providing premium assistance to producers to purchase index-based weather insurance from a private insurance company pursuant to this subparagraph1 the ,corporation shall verify that the company has adequate experience-- 7,i7 to develop and manage the index-based weather insurance products1 including adequate resources1 experience1 and assets or sufficient reinsurance to meet the obligations of the company under this subparagraph2 and 7,,ii7 to support and deliver the index-based weather insurance products4 7iv7 ,procedures ,the ,corporation shall develop and publish procedures to administer the pilot program under this subparagraph that-- 7,i7 require each applicable private insurance company to report claim and sales data1 and any other data the ,corporation determines to be appropriate1 to allow the ,corporation to evaluate product pricing and performance2 7,,ii7 allow the private insurance companies exclusive rights over the private insurance offered under this subparagraph1 including rating of policies1 protection of intellectual property rights on the product or policy1 and associated rating methodology1 for the period during which the companies are eligible under clause 7iii72 and 7,,iii7 contain such other requirements as the ,corporation determines to be necessary to ensure that-- 7aa7 the interests of producers are protected2 and 7bb7 the program operates in an actuarially sound manner4 7v7 ,funding ,of the funds of the ,corporation1 the ,corporation shall use to carry out this subparagraph #aj1jjj1jjj for each of fiscal years #bjad through #bjah1 to remain available until expended4 4 #aajbe4 ,enhancing producer self-help through farm financial benchmarking 7a7 ,definition ,section #ejb7;b7 of the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aejb7;b77 is amended-- 7#a7 by redesignating paragraphs 7#f7 through 7#i7 as paragraphs 7#g7 through 7#aj71 respectively2 and 7#b7 by inserting after paragraph 7#e7 the following3 7#f7 ,farm financial benchmarking ,the term farm financial benchmarking means-- 7,a7 the process of comparing the performance of an agricultural enterprise against the performance of other similar enterprises1 through the use of comparable and reliable data1 in order to identify business management strengths1 weaknesses1 and steps necessary to improve management performance and business profitability2 and 7,b7 benchmarking of the type conducted by farm management and producer associations consistent with the activities described in or funded pursuant to section #afgb;,d of the ,food1 ,agriculture1 ,conservation1 and ,trade ,act of #aiij 7#g ,u4,s4,c4 #eibe;f74 4 7b7 ,partnerships for risk management for producers of specialty crops and underserved agricultural commodities ,section #ebb7;d77#c77;,f7 of the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aebb7;d77#c77;,f77 is amended by inserting farm financial benchmarking1 after management14 7c7 ,crop insurance education and risk management assistance ,section #ebd7;a7 of the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aebd7;a77 is amended-- 7#a7 in paragraph 7#c77;,a71 by inserting farm financial benchmarking1 after risk reduction12 and 7#b7 in paragraph 7#d71 in the matter preceding subparagraph 7,a71 by inserting 7including farm financial benchmarking7 after management strategies4 #aajbf4 ,beginning farmer and rancher provisions 7a7 ,definition ,section #ejb7;b7 of the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aejb7;b77 7as amended by section #aajbe7;a77 is amended-- 7#a7 by redesignating paragraphs 7#c7 through 7#aj7 as paragraphs 7#d7 through 7#aa71 respectively2 and 7#b7 by inserting after paragraph 7#b7 the following3 7#c7 ,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-operator1 landlord1 tenant1 or sharecropper for more than #e crop years1 as determined by the ,secretary4 4 7b7 ,premium adjustments ,section #ejh of the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aejh7 is amended-- 7#a7 in subsection 7b77#e77;,e71 by inserting and beginning farmers or ranchers after limited resource farmers2 7#b7 in subsection 7e71 by adding at the end the following3 7#h7 ,premium for beginning farmers or ranchers ,notwithstanding any other provision of this subsection regarding payment of a portion of premiums1 a beginning farmer or rancher shall receive premium assistance that is #aj percentage points greater than premium assistance that would otherwise be available under paragraphs 7#b7 7except for subparagraph 7,a7 of that paragraph71 7#e71 7#f71 and 7#g7 for the applicable policy1 plan of insurance1 and coverage level selected by the beginning farmer or rancher4 2 and 7#c7 in subsection 7g7-- 7,a7 in paragraph 7#b77;,b7-- 7i7 in clause 7i71 by striking or at the end2 7ii7 in clause 7ii77,,iii71 by striking the period at the end and inserting 2 or2 and 7iii7 by adding at the end the following3 7iii7 if the producer is a beginning farmer or rancher who was previously involved in a farming or ranching operation1 including involvement in the decisionmaking or physical involvement in the production of the crop or livestock on the farm1 for any acreage obtained by the beginning farmer or rancher1 a yield that is the higher of-- 7,i7 the actual production history of the previous producer of the crop or livestock on the acreage determined under subparagraph 7,a72 or 7,,ii7 a yield of the producer1 as determined in clause 7i74 2 and 7,b7 in paragraph 7#d77;,b77ii7 7as amended by section #aajjf7-- 7i7 by inserting 7,i7 after 7ii72 7ii7 by striking the period at the end and inserting 2 or2 and 7iii7 by adding at the end the following3 7,,ii7 in the case of beginning farmers or ranchers1 replace each excluded yield with a yield equal to #hj percent of the applicable transitional yield4 4 #aajbg4 ,agricultural management assistance1 risk management education1 and organic certification cost share assistance ,section #ebd of the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aebd7 is amended by striking subsection 7b7 and inserting the following3 7b7 ,agricultural management assistance1 risk management education1 and organic certification cost share assistance 7#a7 ,authority for provision of assistance ,the ,secretary shall provide assistance under this section as follows3 7,a7 ,provision of organic certification cost share assistance pursuant to section #ajfjf of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #febc74 7,b7 ,activities to support risk management education and community outreach partnerships pursuant to section #ebb7;d71 including-- 7i7 entering into futures or hedging2 7ii7 entering into agricultural trade options as a hedging transaction to reduce production1 price1 or revenue risk2 or 7iii7 conducting any other activity relating to an activity described in clause 7i7 or 7ii71 including farm financial benchmarking1 as determined by the ,secretary4 7,c7 ,provision of agricultural management assistance grants to producers in ,states in which there has been traditionally1 and continues to be1 a low level of ,federal crop insurance participation and availability1 and producers underserved by the ,federal crop insurance program1 as determined by the ,secretary1 for the purposes of-- 7i7 constructing or improving-- 7,i7 watershed management structures2 or 7,,ii7 irrigation structures2 7ii7 planting trees to form windbreaks or to improve water quality2 and 7iii7 mitigating financial risk through production or marketing diversification or resource conservation practices1 including-- 7,i7 soil erosion control2 7,,ii7 integrated pest management2 7,,iii7 organic farming2 or 7,,iv7 to develop and implement a plan to create marketing opportunities for the producer1 including through value-added processing4 7#b7 ,payment limitation ,the total amount of payments made to a person 7as defined in section #ajja7e7 of the ,food ,security ,act 7#g ,u4,s4,c4 #acjh7e777 7as in existence before the amendment made by section #afjc7;b7 of the ,food1 ,conservation1 and ,energy ,act of #bjjh 7,public ,law #aaj-bdf2 #abb ,stat4 #agcj77 under paragraph 7#a7 for any year may not exceed #ej1jjj4 7#c7 ,funding 7,a7 ,in general ,the ,secretary shall carry out this subsection through the ,commodity ,credit ,corporation4 7,b7 ,funding ,for each of fiscal years #bjad through #bjah1 the ,commodity ,credit ,corporation shall make available to carry out this subsection #bc1jjj1jjj4 7,c7 ,distribution of funds ,of the amount made available to carry out this subsection for a fiscal year1 the ,commodity ,credit ,corporation shall use not less than-- 7i7 #ej percent to carry out paragraph 7#a77;,a72 7ii7 #bf percent to carry out paragraph 7#a77;,b72 and 7iii7 #bd percent to carry out paragraph 7#a77;,c74 4 #aajbh4 ,crop production on native sod 7a7 ,federal crop insurance ,section #ejh7o7 of the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aejh7o77 is amended-- 7#a7 in paragraph 7#a77;,b71 by inserting 1 or the producer cannot substantiate that the ground has ever been tilled1 after tilled2 7#b7 in paragraph 7#b77;,a71 by striking for benefits under-- and all that follows through the period at the end and inserting 8for-- 7i7 a portion of crop insurance premium subsidies under this subtitle in accordance with paragraph 7#c72 7ii7 benefits under section #aif of the ,federal ,agriculture ,improvement and ,reform ,act of #aiif 7#g ,u4,s4,c4 #gccc72 and 7iii7 payments described in subsection 7b7 of section #ajja of the ,food ,security ,act of #aihe 7#g ,u4,s4,c4 #acjh74 2 and 7#c7 by striking paragraph 7#c7 and inserting the following3 7#c7 ,administration 7,a7 ,in general ,during the first #d crop years of planting on native sod acreage by a producer described in paragraph 7#b7-- 7i7 paragraph 7#b7 shall apply to #fe percent of the applicable transitional yield2 and 7ii7 the crop insurance premium subsidy provided for the producer under this subtitle shall be #ej percentage points less than the premium subsidy that would otherwise apply4 7,b7 ,yield substitution ,during the period native sod acreage is covered by this subsection1 a producer may not substitute yields for the native sod acreage4 4 7b7 ,noninsured crop disaster assistance ,section #aif7;a77#d7 of the ,federal ,agriculture ,improvement and ,reform ,act of #aiif 7#g ,u4,s4,c4 #gccc7;a77#d77 is amended-- 7#a7 in subparagraph 7,a77ii71 by inserting 1 or the producer cannot substantiate that the ground has ever been tilled1 after tilled2 7#b7 in subparagraph 7,b77i71 by striking for benefits under-- and all that follows through the period at the end and inserting 8for-- 7,i7 benefits under this section2 7,,ii7 a portion of crop insurance premium subsidies under the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aeja et seq47 in accordance with subparagraph 7,c72 and 7,,iii7 payments described in subsection 7b7 of section #ajja of the ,food ,security ,act of #aihe 7#g ,u4,s4,c4 #acjh74 2 and 7#c7 by striking subparagraph 7,c7 and inserting the following3 7,c7 ,administration 7i7 ,in general ,during the first #d crop years of planting on native sod acreage by a producer described in subparagraph 7,b7-- 7,i7 subparagraph 7,b7 shall apply to #fe percent of the applicable transitional yield2 and 7,,ii7 the crop insurance premium subsidy provided for the producer under the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aeja et seq47 shall be #ej percentage points less than the premium subsidy that would otherwise apply4 7ii7 ,yield substitution ,during the period native sod acreage is covered by this paragraph1 a producer may not substitute yields for the native sod acreage4 4 7c7 ,cropland report 7#a7 ,baseline ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,agriculture shall submit to the ,committee on ,agriculture of the ,house of ,representatives and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate a report that describes the cropland acreage in each county and ,state1 and the change in cropland acreage from the preceding year in each county and ,state1 beginning with calendar year #bjjj and including that information for the most recent year for which that information is available4 7#b7 ,annual updates ,not later than ,january #a1 #bjad1 and each ,january #a thereafter through ,january #a1 #bjah1 the ,secretary of ,agriculture shall submit to the ,committee on ,agriculture of the ,house of ,representatives and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate a report that describes-- 7,a7 the cropland acreage in each county and ,state as of the date of submission of the report2 and 7,b7 the change in cropland acreage from the preceding year in each county and ,state4 #aajbi4 ,technical amendments ,section #ejh7;b7 of the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aejh7;b77 is amended-- 7#a7 by striking paragraph 7#g72 and 7#b7 by redesignating paragraphs 7#h7 through 7#aa7 as paragraphs 7#g7 through 7#aj71 respectively4 #aajcj4 ,greater accessibility for crop insurance 7a7 ,findings ,congress finds that-- 7#a7 due to changes in commodity and other agricultural programs made by the ,agriculture ,reform1 ,food1 and ,jobs ,act of #bjac1 it is more important than ever that agricultural producers be able to fully understand the terms of plans and policies of crop insurance offered under the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aeja et seq472 and 7#b7 proposed reductions by the ,secretary in the number of ,state and local offices of the ,farm ,service ,agency will reduce the services available to assist agricultural producers in understanding crop insurance4 7b7 ,requirement for use of plain language 7#a7 ,in general ,in issuing regulations and guidance relating to plans and policies of crop insurance1 the ,risk ,management ,agency and the ,federal ,crop ,insurance ,corporation shall1 to the greatest extent practicable1 use plain language1 as required under ,executive ,orders #abhff 7#e ,u4,s4,c4 #fja note2 relating to regulatory planning and review7 and #abihh 7#bh ,u4,s4,c4 #eai note2 relating to civil justice reform74 7#b7 ,report ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,agriculture of the ,house of ,representatives and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate a report describing the efforts of the ,secretary to accelerate compliance with the ,executive orders described in paragraph 7#a74 7c7 ,website 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary1 in consultation with the approved insurance providers 7as defined in section #ejb7;b7 of the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aejb7;b771 shall improve the existing ,internet website through which agricultural producers in any ,state may identify crop insurance options in that ,state4 7#b7 ,requirements ,the website described in paragraph 7#a7 shall-- 7,a7 provide answers in an easily accessible format to frequently asked questions2 and 7,b7 include published materials of the ,department of ,agriculture that relate to plans and policies of crop insurance offered under that ,act4 7d7 ,administration ,nothing in this section authorizes the ,risk ,management ,agency to sell a crop insurance policy or plan of insurance4 #aajca4 ,,gao crop insurance fraud report ,section #eae7;d7 of the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aeae7;d77 is amended by adding at the end the following3 7#f7 ,,gao crop insurance fraud report ,as soon as practicable after the date of enactment of this paragraph1 the ,comptroller ,general of the ,united ,states shall conduct1 and submit to ,congress a report describing the results of1 a study regarding fraudulent claims filed1 and benefits provided1 under this subtitle4 4 #aajcb4 ,limitation on premium subsidy based on average adjusted gross income ,section #ejh7;e7 of the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aejh7;e77 7as amended by section #aajbc7;b77 is amended by adding at the end the following3 7#i7 ,limitation on premium subsidy based on average adjusted gross income 7,a7 ,definition of average adjusted gross income ,in this paragraph1 the term average adjusted gross income has the meaning given the term in section #ajja;,d7a7 of the ,food ,security ,act of #aihe 7#g ,u4,s4,c4 #acjh-c;a7a774 7,b7 ,limitation ,notwithstanding any other provision of this subtitle and beginning with the #bjad reinsurance year1 in the case of any producer that is a person or legal entity that has an average adjusted gross income in excess of #gej1jjj based on the most recent data available from the ,farm ,service ,agency as of the beginning of the reinsurance year1 the total amount of premium subsidy provided with respect to additional coverage under subsection 7c71 section #ejh;,b1 or section #ejh;,c issued on behalf of the producer for a reinsurance year shall be #ae percentage points less than the premium subsidy provided in accordance with this subsection that would otherwise be available for the applicable policy1 plan of insurance1 and coverage level selected by the producer4 7,c7 ,application 7i7 ,study ,not later than #a year after the date of enactment of this ,act1 the ,secretary1 in consultation with the ,government ,accountability ,office1 shall carry out a study to determine the effects of the limitation described in subparagraph 7,b7 on-- 7,i7 the overall operations of the ,federal crop insurance program2 7,,ii7 the number of producers participating in the ,federal crop insurance program2 7,,iii7 the level of coverage purchased by participating producers2 7,,iv7 the amount of premiums paid by participating producers and the ,federal ,government2 7,v7 any potential liability for participating producers1 approved insurance providers1 and the ,federal ,government2 7,,vi7 different crops or growing regions2 7,,vii7 program rating structures2 7,,viii7 creation of schemes or devices to evade the impact of the limitation2 and 7,,ix7 administrative and operating expenses paid to approved insurance providers and underwriting gains and loss for the ,federal ,government and approved insurance providers4 7ii7 ,effectiveness ,the limitation described in subparagraph 7,b7 shall not take effect unless the ,secretary determines1 through the study described in clause 7i71 that the limitation would not-- 7,i7 significantly increase the premium amount paid by producers with an average adjusted gross income of less than #gej1jjj2 7,,ii7 result in a decline in the crop insurance coverage available to producers2 and 7,,iii7 increase the total cost of the ,federal crop insurance program4 4 ,,xii ,miscellaneous ,a ,socially disadvantaged producers and limited resource producers #abjja4 ,outreach and assistance for socially disadvantaged farmers and ranchers and veteran farmers and ranchers 7a7 ,outreach and assistance for socially disadvantaged farmers and ranchers and veteran farmers and ranchers ,section #beja of the ,food1 ,agriculture1 ,conservation1 and ,trade ,act of #aiij 7#g ,u4,s4,c4 #bbgi7 is amended-- 7#a7 in the section heading1 by inserting and veteran farmers and ranchers after ranchers2 7#b7 in subsection 7a7-- 7,a7 in paragraph 7#b77;,b77i71 by inserting and veteran farmers or ranchers after ranchers2 and 7,b7 in paragraph 7#d7-- 7i7 in subparagraph 7,a7-- 7,i7 in the heading1 by striking ,fiscal years #bjji through #bjab and inserting ,mandatory funding2 7,,ii7 in clause 7i71 by striking and at the end2 7,,iii7 in clause 7ii71 by striking the period at the end and inserting 2 and2 and 7,,iv7 by adding at the end the following3 7iii7 #e1jjj1jjj for each of fiscal years #bjad through #bjah4 2 and 7ii7 by striking subparagraph 7,b7 and inserting the following3 7,b7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #bj1jjj1jjj for each of fiscal years #bjad through #bjah4 2 7#c7 in subsection 7b77#b71 by inserting or veteran farmers and ranchers after socially disadvantaged farmers and ranchers2 and 7#d7 in subsection 7c7-- 7,a7 in paragraph 7#a77;,a71 by inserting veteran farmers or ranchers and before members2 and 7,b7 in paragraph 7#b77;,a71 by inserting veteran farmers or ranchers and before members4 7b7 ,definition of veteran farmer or rancher ,section #beja7;e7 of the ,food1 ,agriculture1 ,conservation1 and ,trade ,act of #aiij 7#g ,u4,s4,c4 #bbgi7;e77 is amended by adding at the end the following3 7#g7 ,veteran farmer or rancher ,the term veteran farmer or rancher means a farmer or rancher who served in the active military1 naval1 or air service1 and who was discharged or released from the service under conditions other than dishonorable4 4 #abjjb4 ,office of ,advocacy and ,outreach ,section #bbf;,b7f77#c7 of the ,department of ,agriculture ,reorganization ,act of #aiid 7#g ,u4,s4,c4 #ficd7;f77#c77 is amended to read as follows3 7#c7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this subsection-- 7,a7 such sums as are necessary for each of fiscal years #bjji through #bjac2 and 7,b7 #b1jjj1jjj for each of fiscal years #bjad through #bjah4 4 ,b ,livestock #abaja4 ,wildlife reservoir zoonotic disease initiative ,title ,,iv of the ,agricultural ,research1 ,extension1 and ,education ,reform ,act of #aiih 7#g ,u4,s4,c4 #gfba et seq47 is amended by adding at the end the following3 #dac4 ,wildlife reservoir zoonotic disease initiative 7a7 ,definition of covered disease ,in this section1 the term covered disease means a zoonotic disease affecting domestic livestock that is transmitted primarily from wildlife4 7b7 ,establishment ,there is established within the ,department a wildlife reservoir zoonotic disease initiative to provide assistance through ,coordinated ,agricultural ,project grants for research and development of surveillance methods1 vaccines1 vaccination delivery systems1 or diagnostic tests for covered diseases4 7c7 ,covered disease 7#a7 ,in general ,to be eligible for a grant under this section1 an eligible entity shall conduct research and development of surveillance methods1 vaccines1 vaccination delivery systems1 or diagnostic tests for covered diseases in-- 7,a7 a wildlife reservoir in the ,united ,states2 or 7,b7 domestic livestock or wildlife presenting a potential concern to public health4 7#b7 ,priority ,in making grants under this section1 the ,secretary shall give priority to grants that address-- 7,a7 ,brucella abortus 7,bovine ,brucellosis72 7,b7 ,mycobacterium bovis 7,bovine ,tuberculosis72 or 7,c7 other zoonotic disease in livestock that is covered by a high-priority research and extension initiative conducted under section #afgb of the ,food1 ,agriculture1 ,conservation1 and ,trade ,act of #aiij 7#g ,u4,s4,c4 #eibe74 7d7 ,eligible entities ,the ,secretary shall carry out the initiative established under subsection 7b7 through public scientific research consortia that may consist of members from-- 7#a7 ,federal agencies2 7#b7 ,national ,laboratories2 7#c7 institutions of higher education2 7#d7 research institutions and organizations2 or 7#e7 ,state agricultural experiment stations4 7e7 ,research projects ,in carrying out this section1 the ,secretary shall award grants on a competitive basis4 7f7 ,administration 7#a7 ,in general ,in the case of grants awarded under this section1 the ,secretary shall-- 7,a7 seek and accept proposals for grants2 7,b7 determine the relevance and merit of proposals through a system of peer and merit review in accordance with section #ajc2 7,c7 award grants on the basis of merit1 quality1 and relevance2 and 7,d7 manage the initiative established under subsection 7b7 using a ,coordinated ,agricultural ,project format4 7#b7 ,term ,the term of a grant under this section may not exceed #aj years4 7#c7 ,matching funds required ,the ,secretary shall require the recipient of a grant under this section to provide funds or in-kind support from non-,federal sources in an amount that is not less than #be percent of the amount provided by the ,federal ,government4 7#d7 ,other conditions ,the ,secretary may set such other conditions on the award of a grant under this section as the ,secretary determines to be appropriate4 7g7 ,buildings and facilities ,funds made available under this section shall not be used for-- 7#a7 the construction of a new building or facility2 or 7#b7 the acquisition1 expansion1 remodeling1 or alteration of an existing building or facility 7including site grading and improvement and architect fees74 7h7 ,authorization of appropriations 7#a7 ,in general ,there is authorized to be appropriated to carry out this section #g1jjj1jjj for each of fiscal years #bjad through #bjah4 7#b7 ,allocation ,of the amount made available for a fiscal year under paragraph 7#a71 the ,secretary shall use not less than #cj percent of the amount for the fiscal year to carry out activities under each of subparagraphs 7,a7 and 7,b7 of subsection 7c77#b74 4 #abajb4 ,trichinae certification program ,section #ajdje7;d77#a7 of the ,animal ,health ,protection ,act 7#g ,u4,s4,c4 #hcjd7;d77#a77 is amended in subparagraphs 7,a7 and 7,b7 by striking #bjab each place it appears and inserting #bjah4 #abajc4 ,national ,aquatic ,animal ,health ,plan ,section #aajac7;d7 of the ,food1 ,conservation1 and ,energy ,act of #bjjh 7#g ,u4,s4,c4 #hcbb7;d77 is amended by striking #bjab and inserting #bjah4 #abajd4 ,sheep production and marketing grant program 7a7 ,in general ,subtitle ,a of the ,agricultural ,marketing ,act of #aidf 7#g ,u4,s4,c4 #afba et seq47 is amended by adding at the end the following3 #bji4 ,sheep production and marketing grant program 7a7 ,establishment ,the ,secretary1 acting through the ,administrator of the ,agricultural ,marketing ,service 7referred to in this section as the ,secretary7 shall establish a competitive grant program for the purposes of improving the ,united ,states sheep industry4 7b7 ,purpose ,the purpose of the grant program shall be to strengthen and enhance the production and marketing of sheep and sheep products1 including improvement of-- 7#a7 infrastructure2 7#b7 business2 7#c7 resource development2 and 7#d7 innovative approaches to solve long-term needs4 7c7 ,eligibility ,the ,secretary shall make grants under this section to #a or more national entities the mission of which is consistent with the purpose of the grant program4 7d7 ,funding ,of the funds of the ,commodity ,credit ,corporation1 the ,secretary shall use to carry out this section #a1ejj1jjj for fiscal year #bjad1 to remain available until expended4 4 7b7 ,conforming amendment ,section #cgd of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #bjjh;j7 7as in existence on the day before the date of enactment of this ,act7 is-- 7#a7 amended in subsection 7e7-- 7,a7 in paragraph 7#c77;,d71 by striking #c percent and inserting #aj percent2 and 7,b7 by striking paragraph 7#f72 and 7#b7 redesignated as section #baj of the ,agricultural ,marketing ,act of #aidf2 and 7#c7 moved so as to appear at the end of subtitle ,a of that ,act 7as amended by subsection 7a774 #abaje4 ,feral swine eradication pilot program 7a7 ,in general ,to eradicate or control the threat feral swine pose to the domestic swine population1 the entire livestock industry1 and the destruction of crops and natural plant communities and native habitats1 the ,secretary of ,agriculture may establish a feral swine eradication pilot program4 7b7 ,pilot ,subject to the availability of appropriations under this section1 the ,secretary may provide financial assistance for the cost of carrying out a pilot program-- 7#a7 to study and assess the nature and extent of damage to the pilot area caused by feral swine2 7#b7 to develop methods to eradicate or control feral swine in the pilot area2 and 7#c7 to develop methods to restore damage caused by feral swine4 7c7 ,coordination ,the ,secretary shall ensure that the ,natural ,resource ,conservation ,service and the ,animal and ,plant ,health ,inspection ,service coordinate to carry out the pilot program4 7d7 ,cost sharing 7#a7 ,federal share ,the ,federal share of the costs of the pilot program under this section may not exceed #ge percent of the total costs of carrying out the pilot program4 7#b7 ,in-kind contributions ,the non-,federal share of the costs of the pilot program may be provided in the form of in-kind contributions of materials or services4 7e7 ,limitation on administrative expenses ,not more than #aj percent of financial assistance provided by the ,secretary under this section may be used for administrative expenses4 7f7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #b1jjj1jjj for each of fiscal years #bjad through #bjah4 ,c ,other miscellaneous provisions #abbja4 ,military ,veterans ,agricultural ,liaison 7a7 ,in general ,subtitle ,a of the ,department of ,agriculture ,reorganization ,act of #aiid is amended by inserting after section #bah 7#g ,u4,s4,c4 #fiah7 the following3 #bai4 ,military ,veterans ,agricultural ,liaison 7a7 ,authorization ,the ,secretary shall establish in the ,department the position of ,military ,veterans ,agricultural ,liaison4 7b7 ,duties ,the ,military ,veterans ,agricultural ,liaison shall-- 7#a7 provide information to returning veterans about1 and connect returning veterans with1 beginning farmer training and agricultural vocational and rehabilitation programs appropriate to the needs and interests of returning veterans1 including assisting veterans in using ,federal veterans educational benefits for purposes relating to beginning a farming or ranching career2 7#b7 provide information to veterans concerning the availability of and eligibility requirements for participation in agricultural programs1 with particular emphasis on beginning farmer and rancher programs2 7#c7 serving as a resource for assisting veteran farmers and ranchers1 and potential farmers and ranchers1 in applying for participation in agricultural programs2 and 7#d7 advocating on behalf of veterans in interactions with employees of the ,department4 7c7 ,contracts and cooperative agreements ,for purposes of carrying out the duties under subsection 7b71 the ,military ,veterans ,agricultural ,liaison may enter into contracts or cooperative agreements with the research centers of the ,agricultural ,research ,service1 institutions of higher education1 or nonprofit organizations for-- 7#a7 the conduct of regional research on the profitability of small farms2 7#b7 the development of educational materials2 7#c7 the conduct of workshops1 courses1 and certified vocational training2 7#d7 the conduct of mentoring activities2 or 7#e7 the provision of internship opportunities4 4 7b7 ,conforming amendments ,section #bif7;b7 of the ,department of ,agriculture ,reorganization ,act of #aiid 7#g ,u4,s4,c4 #gjad7;b77 7as amended by section #dbjf7;b77 is amended-- 7#a7 in paragraph 7#h71 by striking the or at the end2 7#b7 in paragraph 7#i71 by striking the period at the end and inserting 2 or2 and 7#c7 by adding at the end the following3 7#aj7 the authority of the ,secretary to establish in the ,department the position of ,military ,veterans ,agricultural ,liaison in accordance with section #bai4 4 #abbjb4 ,information gathering ,section #afai7;b77#c7 of the ,food1 ,conservation1 and ,energy ,act of #bjjh 7#g ,u4,s4,c4 #hgia7 is amended by adding at the end the following3 7,b7 ,cooperation with ,state and local governments 7i7 ,in general ,subject to clause 7ii71 in the case of a ,state agency1 political subdivision1 or local governmental agency that is charged with implementing an agriculture or conservation program under ,state law1 on request of the ,state agency1 political subdivision1 or local governmental agency1 the information described in paragraph 7#b7 shall be disclosed to the ,state agency1 political subdivision1 or local governmental agency if the ,secretary determines that the ,state agency1 political subdivision1 or local governmental agency demonstrates that the disclosure is required for implementing the ,state program4 7ii7 ,restriction ,any information disclosed to a ,state agency1 political subdivision1 or local governmental agency under clause 7i7 shall be-- 7,i7 used solely by the ,state agency1 political subdivision1 or local governmental agency2 and 7,,ii7 exempt from disclosure to the public1 including under any ,state law that allows a citizen to petition a ,state agency for that information4 4 #abbjc4 ,grants to improve supply1 stability1 safety1 and training of agricultural labor force ,section #adbjd7;d7 of the ,food1 ,conservation1 and ,energy ,act of #bjjh 7#g ,u4,s4,c4 #bjjhq-#a7;d77 is amended to read as follows3 7d7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section-- 7#a7 such sums as are necessary for each of fiscal years #bjjh through #bjac2 and 7#b7 #aj1jjj1jjj for each of fiscal years #bjad through #bjah4 4 #abbjd4 ,noninsured crop assistance program 7a7 ,in general ,section #aif of the ,federal ,agriculture ,improvement and ,reform ,act of #aiif 7#g ,u4,s4,c4 #gccc7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,in general 7,a7 ,coverages ,in the case of an eligible crop described in paragraph 7#b71 the ,secretary of ,agriculture shall operate a noninsured crop disaster assistance program to provide coverages based on individual yields 7other than for value-loss crops7 equivalent to-- 7i7 catastrophic risk protection available under section #ejh7;b7 of the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aejh7;b772 or 7ii7 additional coverage available under subsections 7c7 and 7h7 of section #ejh of that ,act 7#g ,u4,s4,c4 #aejh7 that does not exceed #fe percent4 7,b7 ,administration ,the ,secretary shall carry out this section through the ,farm ,service ,agency 7referred to in this section as the ,agency74 2 and 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,a7-- 7,i7 in the matter before clause 7i71 by striking 7except livestock7 and inserting 7except livestock and crops and grasses used for grazing72 7,,ii7 in clause 7i71 by striking and after the semicolon at the end2 7,,iii7 by redesignating clause 7ii7 as clause 7iii72 and 7,,iv7 by inserting after clause 7i7 the following3 7ii7 for which additional coverage under subsections 7c7 and 7h7 of section #ejh of that ,act 7#g ,u4,s4,c4 #aejh7 is not available2 and 2 and 7ii7 in subparagraph 7,b7-- 7,i7 by inserting 7except ferns7 after floricultural2 7,,ii7 by inserting 7except ferns7 after ornamental nursery2 and 7,,iii7 by striking 7including ornamental fish7 and inserting 7including ornamental fish1 but excluding tropical fish72 7#b7 in subsection 7d71 by striking ,the ,secretary and inserting ,subject to subsection 7l71 the ,secretary2 7#c7 in subsection 7k77#a7-- 7,a7 in subparagraph 7,a71 by striking #bej and inserting #bfj2 and 7,b7 in subparagraph 7,b7-- 7i7 by striking #gej and inserting #ghj2 and 7ii7 by striking #a1hge and inserting #a1iej2 and 7#d7 by adding at the end the following3 7l7 ,payment equivalent to additional coverage 7#a7 ,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 7c7 and 7h7 of section #ejh of the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aejh7 that does not exceed #fe percent1 computed by multiplying-- 7,a7 the quantity that is less than #ej to #fe percent of the established yield for the crop1 as determined by the ,secretary1 specified in increments of #e percent2 7,b7 #ajj percent of the average market price for the crop1 as determined by the ,secretary2 and 7,c7 a payment rate for the type of crop1 as determined by the ,secretary1 that reflects-- 7i7 in the case of a crop that is produced with a significant and variable harvesting expense1 the decreasing cost incurred in the production cycle for the crop that is1 as applicable-- 7,i7 harvested2 7,,ii7 planted but not harvested2 or 7,,iii7 prevented from being planted because of drought1 flood1 or other natural disaster1 as determined by the ,secretary2 or 7ii7 in the case of a crop that is produced without a significant and variable harvesting expense1 such rate as shall be determined by the ,secretary4 7#b7 ,premium ,to be eligible to receive a payment under this subsection1 a producer shall pay-- 7,a7 the service fee required by subsection 7k72 and 7,b7 a premium for the applicable crop year that is equal to-- 7i7 the product obtained by multiplying-- 7,i7 the number of acres devoted to the eligible crop2 7,,ii7 the yield1 as determined by the ,secretary under subsection 7e72 7,,iii7 the coverage level elected by the producer2 7,,iv7 the average market price1 as determined by the ,secretary2 and 7ii7 #e4be-percent premium fee4 7#c7 ,limited resource1 beginning1 and socially disadvantaged farmers ,the additional coverage made available under this subsection shall be available to limited resource1 beginning1 and socially disadvantaged producers1 as determined by the ,secretary1 in exchange for a premium that is #ej percent of the premium determined for a producer under paragraph 7#b74 7#d7 ,additional availability 7,a7 ,in general ,as soon as practicable after ,october #a1 #bjac1 the ,secretary shall make assistance available to producers of an otherwise eligible crop described in subsection 7a77#b7 that suffered losses-- 7i7 to a #bjab annual fruit crop grown on a bush or tree2 and 7ii7 in a county covered by a declaration by the ,secretary of a natural disaster for production losses due to a freeze or frost4 7,b7 ,assistance ,the ,secretary shall make assistance available under subparagraph 7,a7 in an amount equivalent to assistance available under paragraph 7#a71 less any fees not previously paid under paragraph 7#b74 4 7b7 ,termination date 7#a7 ,in general ,effective ,october #a1 #bjah1 subsection 7a7 and the amendments made by subsection 7a7 7other than the amendments made by clauses 7i77,i7 and 7ii7 of subsection 7a77#a77;,b77 are repealed4 7#b7 ,administration ,effective ,october #a1 #bjah1 section #aif of the ,federal ,agriculture ,improvement and ,reform ,act of #aiif 7#g ,u4,s4,c4 #gccc7 shall be applied and administered as if subsection 7a7 and the amendments made by subsection 7a7 7other than the amendments made by clauses 7i77,i7 and 7ii7 of subsection 7a77#a77;,b77 had not been enacted4 #abbje4 ,regional economic and infrastructure development ,section #aegea of title #dj1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 by striking #bjab and inserting #bjah2 and 7#b7 in subsection 7b7-- 7,a7 by striking ,not more than and inserting the following3 7#a7 ,in general ,except as provided in paragraph 7#b71 not more than 2 and 7,b7 by adding at the end the following3 7#b7 ,limited funding ,in a case in which less than #aj1jjj1jjj is made available to a ,commission for a fiscal year under this section1 paragraph 7#a7 shall not apply4 4 #abbjf4 ,canada geese removal 7a7 ,in general ,on a determination by the ,administrator of the ,federal ,aviation ,administration that the population of ,canada geese residing on land under the jurisdiction of the ,national ,park ,service that is located within #e miles of any commercial airport poses a risk to flight safety1 the ,secretary 7acting through the ,administrator of the ,animal and ,plant ,health ,inspection ,service71 in consultation with the ,secretary of the ,interior and the ,administrator of the ,federal ,aviation ,administration1 shall-- 7#a7 by the first subsequent molting period for ,canada geese that occurs after the date of enactment of this ,act1 publish a management plan that provides for the removal1 by not later than #a year after the date of publication1 of all ,canada geese residing on the applicable land2 and 7#b7 as soon as practicable after the date of publication of the management plan under paragraph 7#a71 commence removal of ,canada geese from the applicable land4 7b7 ,,jfk ,international ,airport ,not later than ,june #a1 #bjab1 the ,secretary 7acting through the ,administrator of the ,animal and ,plant ,health ,inspection ,service7 shall-- 7#a7 issue a record of decision for the document entitled ,supplement to the ,environmental ,impact ,statement ,bird ,hazard ,reduction ,program3 ,john ,f4 ,kennedy ,international ,airport2 and 7#b7 commence consultation with the ,secretary of the ,interior to complete the collection and removal of ,canada geese from the applicable ,national ,park ,service land to ensure that the removal is completed by not later than ,august #a1 #bjab4 #abbjg4 ,office of ,tribal ,relations 7a7 ,in general ,title ,,iii of the ,department of ,agriculture ,reorganization ,act of #aiid is amended by adding after section #cjh 7#g ,u4,s4,c4 #cabe;a note2 ,public ,law #ajc-ced7 the following3 #cji4 ,office of ,tribal ,relations ,the ,secretary shall establish in the ,office of the ,secretary an ,office of ,tribal ,relations4 4 7b7 ,conforming amendments ,section #bif7;b7 of the ,department of ,agriculture ,reorganization ,act of #aiid 7#g ,u4,s4,c4 #gjad7;b77 7as amended by section #abbja7;b77 is amended-- 7#a7 in paragraph 7#h71 by striking or at the end2 7#b7 in paragraph 7#i71 by striking the period at the end and inserting 2 or2 and 7#c7 by adding at the end the following3 7#aj7 the authority of the ,secretary to establish in the ,office of the ,secretary the ,office of ,tribal ,relations in accordance with section #cji4 4 #abbjh4 ,repeal of duplicative program 7a7 ,in general ,effective on the date of enactment of the ,food1 ,conservation1 and ,energy ,act 7#g ,u4,s4,c4 #hgja et seq471 section #aajaf of that ,act 7,public ,law #aaj-bdf2 #abb ,stat4 #bacj7 and the amendments made by that section are repealed4 7b7 ,application ,the ,agricultural ,marketing ,act of #aidf 7#g ,u4,s4,c4 #afba et seq47 and the ,federal ,meat ,inspection ,act 7#ba ,u4,s4,c4 #fja et seq47 shall be applied and administered as if section #aajaf of the ,food1 ,conservation1 and ,energy ,act 7,public ,law #aaj-bdf2 #abb ,stat4 #bacj7 and the amendments made by that section had not been enacted4 #abbji4 ,sense of the ,senate ,it is the sense of the ,senate that nothing in this ,act or an amendment made by this ,act should manipulate prices or interfere with the free market4 #abbaj4 ,acer ,access and ,development ,program 7a7 ,grants authorized2 authorized activities ,the ,secretary of ,agriculture may make grants to ,states and tribal governments to support their efforts to promote the domestic maple syrup industry through the following activities3 7#a7 ,promotion of research and education related to maple syrup production4 7#b7 ,promotion of natural resource sustainability in the maple syrup industry4 7#c7 ,market promotion for maple syrup and maple-sap products4 7#d7 ,encouragement of owners and operators of privately held land containing species of tree in the genus ,acer-- 7,a7 to initiate or expand maple-sugaring activities on the land2 or 7,b7 to voluntarily make the land available1 including by lease or other means1 for access by the public for maple-sugaring activities4 7b7 ,applications ,in submitting an application for a grant under this section1 a ,state or tribal government shall include-- 7#a7 a description of the activities to be supported using the grant funds2 7#b7 a description of the benefits that the ,state or tribal government intends to achieve as a result of engaging in such activities2 and 7#c7 an estimate of the increase in maple-sugaring activities or maple syrup production that the ,state or tribal government anticipates will occur as a result of engaging in such activities4 7c7 ,relationship to other laws ,nothing in this section preempts a ,state or tribal government law1 including any ,state or tribal government liability law4 7d7 ,definition of maple sugaring ,in this section1 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 food4 7e7 ,regulations ,the ,secretary of ,agriculture shall promulgate such regulations as are necessary to carry out this section4 7f7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #bj1jjj1jjj for each of fiscal years #bjab through #bjae4 #abbaa4 ,definition of rural area for purposes of the ,housing ,act of #aidi ,the second sentence of section #ebj of the ,housing ,act of #aidi 7#db ,u4,s4,c4 #adij7 is amended-- 7#a7 by striking #aiij or #bjjj decennial census shall continue to be so classified until the receipt of data from the decennial census in the year #bjaj and inserting #aiij1 #bjjj1 or #bjaj decennial census1 and any area deemed to be a rural area for purposes of this title under any other provision of law at any time during the period beginning ,january #a1 #bjjj1 and ending ,december #ca1 #bjaj1 shall continue to be so classified until the receipt of data from the decennial census in the year #bjbj2 and 7#b7 by striking #be1jjj and inserting #ce1jjj4 #abbab4 ,prohibition on attending an animal fight or causing a minor to attend an animal fight2 enforcement of animal fighting provisions 7a7 ,prohibition on attending an animal fight or causing a minor ,to attend an animal fight ,section #bf of the ,animal ,welfare ,act 7#g ,u4,s4,c4 #baef7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in the heading1 by striking ,sponsoring or ,exhibiting an ,animal in and inserting ,sponsoring or ,exhibiting an ,animal in1 ,attending1 or ,causing a ,minor ,to ,attend2 7,b7 in paragraph 7#a7-- 7i7 in the heading1 by striking ,in general and inserting ,sponsoring or ,exhibiting2 and 7ii7 by striking paragraph 7#b7 and inserting paragraph 7#c72 7,c7 by redesignating paragraph 7#b7 as paragraph 7#c72 and 7,d7 by inserting after paragraph 7#a7 the following new paragraph3 7#b7 ,attending or causing a minor to attend ,it shall be unlawful for any person to-- 7,a7 knowingly attend an animal fighting venture2 or 7,b7 knowingly cause a minor to attend an animal fighting venture4 2 and 7#b7 in subsection 7g71 by adding at the end the following new paragraph3 7#e7 the term minor means a person under the age of #ah years old4 4 7b7 ,enforcement of animal fighting prohibitions ,section #di of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by striking ,whoever and inserting 7a7 ,in general4--,whoever2 7#b7 in subsection 7a71 as designated by paragraph 7#a7 of this section1 by striking subsection 7a71 and inserting subsection 7a77#a712 and 7#c7 by adding at the end the following new subsections3 7b7 ,attending an animal fighting venture ,whoever violates subsection 7a77#b77;,a7 of section #bf of the ,animal ,welfare ,act 7#g ,u4,s4,c4 #baef7 shall be fined under this title1 imprisoned for not more than #a year1 or both1 for each violation4 7c7 ,causing a minor ,to attend an animal fighting venture ,whoever violates subsection 7a77#b77;,b7 of section #bf 7#g ,u4,s4,c4 #baef7 of the ,animal ,welfare ,act shall be fined under this title1 imprisoned for not more than #c years1 or both1 for each violation4 4