H. Res. 632

In the House of Representatives, U.S.,

October 17, 2000.

Resolved, That upon the adoption of this resolution the

House shall be considered to have taken from the Speaker’s

table the bill H.R. 4788, with the amendment of the Senate

thereto, and to have concurred in the Senate amendment with

the following amendment:

At the end of the matter proposed to be inserted by the

Senate amendment, add the following new sections:

1 SEC. 311. COTTON FUTURES.

2 Subsection (d)(2) of the United States Cotton Fu3 tures Act (7 U.S.C. 15b(d)(2)) is amended by adding at

4 the end the following: ‘‘A person complying with the pre5 ceding sentence shall not be liable for any loss or damage

6 arising or resulting from such compliance.’’.

7 SEC. 312. IMPROVED INVESTIGATIVE AND ENFORCEMENT

8 ACTIVITIES UNDER THE PACKERS AND

9 STOCKYARDS ACT, 1921.

10 (a) IMPLEMENTATION OF GENERAL ACCOUNTING

11 OFFICE RECOMMENDATIONS.—Not later than 1 year after
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1 the date of the enactment of this Act, the Secretary of

2 Agriculture shall implement the recommendations con3 tained in the report issued by the General Accounting Of4 fice entitled ‘‘Packers and Stockyards Programs: Actions

5 Needed to Improve Investigations of Competitive Prac6 tices’’, GAO/RCED–00–242, dated September 21, 2000.

7 (b) CONSULTATION.—During the implementation pe8 riod referred to in subsection (a), and for such an addi9 tional time period as needed to assure effective implemen10 tation of the recommendations contained in the report re11 ferred to in such subsection, the Secretary of Agriculture

12 shall consult and work with the Department of Justice and

13 the Federal Trade Commission in order to—

14 (1) implement the recommendations in the re15 port regarding investigation management, oper16 ations, and case methods development processes; and

17 (2) effectively identify and investigate com18 plaints of unfair and anti-competitive practices in

19 violation of the Packers and Stockyards Act, 1921

20 (7 U.S.C. 181 et seq.), and enforce the Act.

21 (c) TRAINING.—Not later than 1 year after the date

22 of the enactment of this Act, the Secretary of Agriculture

23 shall develop and implement a training program for staff

24 of the Department of Agriculture engaged in the investiga25 tion of complaints of unfair and anti-competitive activity
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1 in violation of the Packers and Stockyards Act, 1921. In

2 developing the training program, the Secretary of Agri3 culture shall draw on existing training materials and pro4 grams available at the Department of Justice and the Fed5 eral Trade Commission, to the extent practicable.

6 (d) IMPLEMENTATION REPORT.—Not later than 1

7 year after the date of the enactment of this Act, the Sec8 retary of Agriculture shall submit to Congress a report

9 describing the actions taken to comply with this section.

10 (e) ANNUAL ASSESSMENT OF CATTLE AND HOG IN11 DUSTRIES.—Title IV of the Packers and Stockyards Act,

12 1921, is amended—

13 (1) by redesignating section 415 (7 U.S.C. 229)

14 as section 416; and

15 (2) by inserting after section 414 the following:

16 ‘‘SEC. 415. ANNUAL ASSESSMENT OF CATTLE AND HOG IN17 DUSTRIES.

18 ‘‘Not later than March 1 of each year, the Secretary

19 shall submit to Congress and make publicly available a

20 report that—

21 ‘‘(1) assesses the general economic state of the

22 cattle and hog industries;

23 ‘‘(2) describes changing business practices in

24 those industries; and
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1 ‘‘(3) identifies market operations or activities in

2 those industries that appear to raise concerns under

3 this Act.’’.

4 SEC. 313. REHABILITATION OF WATER RESOURCE STRUC5 TURAL MEASURES CONSTRUCTED UNDER

6 CERTAIN DEPARTMENT OF AGRICULTURE

7 PROGRAMS.

8 The Watershed Protection and Flood Prevention Act

9 (16 U.S.C. 1001 et seq.) is amended by adding at the end

10 the following new section:

11 ‘‘SEC. 14. REHABILITATION OF STRUCTURAL MEASURES

12 NEAR, AT, OR PAST THEIR EVALUATED LIFE

13 EXPECTANCY.

14 ‘‘(a) DEFINITIONS.—For purposes of this section:

15 ‘‘(1) REHABILITATION.—The term ‘rehabilita16 tion’, with respect to a structural measure con17 structed as part of a covered water resource project,

18 means the completion of all work necessary to ex19 tend the service life of the structural measure and

20 meet applicable safety and performance standards.

21 This may include: (A) protecting the integrity of the

22 structural measure or prolonging the useful life of

23 the structural measure beyond the original evaluated

24 life expectancy; (B) correcting damage to the struc25 tural measure from a catastrophic event; (C) cor-
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1 recting the deterioration of structural components

2 that are deteriorating at an abnormal rate; (D) up3 grading the structural measure to meet changed

4 land use conditions in the watershed served by the

5 structural measure or changed safety criteria appli6 cable to the structural measure; or (E) decommis7 sioning the structure, if requested by the local orga8 nization.

9 ‘‘(2) COVERED WATER RESOURCE PROJECT.—

10 The term ‘covered water resource project’ means a

11 work of improvement carried out under any of the

12 following:

13 ‘‘(A) This Act.

14 ‘‘(B) Section 13 of the Act of December

15 22, 1944 (Public Law 78–534; 58 Stat. 905).

16 ‘‘(C) The pilot watershed program author17 ized under the heading ‘FLOOD PREVENTION’

18 of the Department of Agriculture Appropriation

19 Act, 1954 (Public Law 156; 67 Stat. 214).

20 ‘‘(D) Subtitle H of title XV of the Agri21 culture and Food Act of 1981 (16 U.S.C. 3451

22 et seq.; commonly known as the Resource Con23 servation and Development Program).

24 ‘‘(3) STRUCTURAL MEASURE.—The term ‘struc25 tural measure’ means a physical improvement that
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1 impounds water, commonly known as a dam, which

2 was constructed as part of a covered water resource

3 project, including the impoundment area and flood

4 pool.

5 ‘‘(b) COST SHARE ASSISTANCE FOR REHABILITA6 TION.—

7 ‘‘(1) ASSISTANCE AUTHORIZED.—The Secretary

8 may provide financial assistance to a local organiza9 tion to cover a portion of the total costs incurred for

10 the rehabilitation of structural measures originally

11 constructed as part of a covered water resource

12 project. The total costs of rehabilitation include the

13 costs associated with all components of the rehabili14 tation project, including acquisition of land, ease15 ments, and rights-of-ways, rehabilitation project ad16 ministration, the provision of technical assistance,

17 contracting, and construction costs, except that the

18 local organization shall be responsible for securing

19 all land, easements, or rights-of-ways necessary for

20 the project.

21 ‘‘(2) AMOUNT OF ASSISTANCE; LIMITATIONS.—

22 The amount of Federal funds that may be made

23 available under this subsection to a local organiza24 tion for construction of a particular rehabilitation

25 project shall be equal to 65 percent of the total re-
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1 habilitation costs, but not to exceed 100 percent of

2 actual construction costs incurred in the rehabilita3 tion. However, the local organization shall be respon4 sible for the costs of water, mineral, and other re5 source rights and all Federal, State, and local per6 mits.

7 ‘‘(3) RELATION TO LAND USE AND DEVELOP8 MENT REGULATIONS.—As a condition on entering

9 into an agreement to provide financial assistance

10 under this subsection, the Secretary, working in con11 cert with the affected unit or units of general pur12 pose local government, may require that proper zon13 ing or other developmental regulations are in place

14 in the watershed in which the structural measures to

15 be rehabilitated under the agreement are located so

16 that—

17 ‘‘(A) the completed rehabilitation project is

18 not quickly rendered inadequate by additional

19 development; and

20 ‘‘(B) society can realize the full benefits of

21 the rehabilitation investment.

22 ‘‘(c) TECHNICAL ASSISTANCE FOR WATERSHED

23 PROJECT REHABILITATION.—The Secretary, acting

24 through the Natural Resources Conservation Service, may

25 provide technical assistance in planning, designing, and
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1 implementing rehabilitation projects should a local organi2 zation request such assistance. Such assistance may con3 sist of specialists in such fields as engineering, geology,

4 soils, agronomy, biology, hydraulics, hydrology, economics,

5 water quality, and contract administration.

6 ‘‘(d) PROHIBITED USE.—

7 ‘‘(1) PERFORMANCE OF OPERATION AND MAIN8 TENANCE.—Rehabilitation assistance provided under

9 this section may not be used to perform operation

10 and maintenance activities specified in the agree11 ment for the covered water resource project entered

12 into between the Secretary and the local organiza13 tion responsible for the works of improvement. Such

14 operation and maintenance activities shall remain

15 the responsibility of the local organization, as pro16 vided in the project work plan.

17 ‘‘(2) RENEGOTIATION.—Notwithstanding para18 graph (1), as part of the provision of financial as19 sistance under subsection (b), the Secretary may re20 negotiate the original agreement for the covered

21 water resource project entered into between the Sec22 retary and the local organization regarding responsi23 bility for the operation and maintenance of the

24 project when the rehabilitation is finished.
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1 ‘‘(e) APPLICATION FOR REHABILITATION ASSIST2 ANCE.—A local organization may apply to the Secretary

3 for technical and financial assistance under this section

4 if the application has also been submitted to and approved

5 by the State agency having supervisory responsibility over

6 the covered water resource project at issue or, if there is

7 no State agency having such responsibility, by the Gov8 ernor of the State. The Secretary shall request the State

9 dam safety officer (or equivalent State official) to be in10 volved in the application process if State permits or ap11 provals are required. The rehabilitation of structural

12 measures shall meet standards established by the Sec13 retary and address other dam safety issues. At the request

14 of the local organization, personnel of the Natural Re15 sources Conservation Service of the Department of Agri16 culture may assist in preparing applications for assistance.

17 ‘‘(f) RANKING OF REQUESTS FOR REHABILITATION

18 ASSISTANCE.—The Secretary shall establish such system

19 of approving rehabilitation requests, recognizing that such

20 requests will be received throughout the fiscal year and

21 subject to the availability of funds to carry out this sec22 tion, as is necessary for proper administration by the De23 partment of Agriculture and equitable for all local organi24 zations. The approval process shall be in writing, and
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1 made known to all local organizations and appropriate

2 State agencies.

3 ‘‘(g) PROHIBITION ON CERTAIN REHABILITATION

4 ASSISTANCE.—The Secretary may not approve a rehabili5 tation request if the need for rehabilitation of the struc6 ture is the result of a lack of adequate maintenance by

7 the party responsible for the maintenance.

8 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There

9 is authorized to be appropriated to the Secretary to pro10 vide financial and technical assistance under this

11 section—

12 ‘‘(1) $5,000,000 for fiscal year 2001;

13 ‘‘(2) $10,000,000 for fiscal year 2002;

14 ‘‘(3) $15,000,000 for fiscal year 2003;

15 ‘‘(4) $25,000,000 for fiscal year 2004; and

16 ‘‘(5) $35,000,000 for fiscal year 2005.

17 ‘‘(i) ASSESSMENT OF REHABILITATION NEEDS.—

18 The Secretary, in concert with the responsible State agen19 cies, shall conduct an assessment of the rehabilitation

20 needs of covered water resource projects in all States in

21 which such projects are located.

22 ‘‘(j) RECORDKEEPING AND REPORTS.—

23 ‘‘(1) SECRETARY.—The Secretary shall main24 tain a data base to track the benefits derived from

25 rehabilitation projects supported under this section
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1 and the expenditures made under this section. On

2 the basis of such data and the reports submitted

3 under paragraph (2), the Secretary shall prepare

4 and submit to Congress an annual report providing

5 the status of activities conducted under this section.

6 ‘‘(2) GRANT RECIPIENTS.—Not later than 90

7 days after the completion of a specific rehabilitation

8 project for which assistance is provided under this

9 section, the local organization that received the as10 sistance shall make a report to the Secretary giving

11 the status of any rehabilitation effort undertaken

12 using financial assistance provided under this sec13 tion.’’.

14 SEC. 314. RELEASE OF REVERSIONARY INTEREST AND CON15 VEYANCE OF MINERAL RIGHTS IN FORMER

16 FEDERAL LAND IN SUMTER COUNTY, SOUTH

17 CAROLINA.

18 (a) FINDINGS.—Congress finds the following:

19 (1) The hiking trail known as the Palmetto

20 Trail traverses the Manchester State Forest in Sum21 ter County, South Carolina, which is owned by the

22 South Carolina State Commission of Forestry on be23 half of the State of South Carolina.

24 (2) The Commission seeks to widen the Pal25 metto Trail by acquiring a corridor of land along the
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1 northeastern border of the trail from the Anne

2 Marie Carton Boardman Trust in exchange for a

3 tract of former Federal land now owned by the Com4 mission.

5 (3) At the time of the conveyance of the former

6 Federal land to the Commission in 1955, the United

7 States retained a reversionary interest in the land,

8 which now prevents the land exchange from being

9 completed.

10 (b) RELEASE OF REVERSIONARY INTEREST.—

11 (1) RELEASE REQUIRED.—In the case of the

12 tract of land identified as Tract 3 on the map num13 bered 161–DI and further described in paragraph

14 (2), the Secretary of Agriculture shall release the re15 versionary interest of the United States in the land

16 that—

17 (A) requires that the land be used for pub18 lic purposes; and

19 (B) is contained in the deed conveying the

20 land from the United States to the South Caro21 lina State Commission of Forestry, dated June

22 28, 1955, and recorded in Deed Drawer No. 6

23 of the Clerk of Court for Sumter County, South

24 Carolina.
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1 (2) MAP OF TRACT 3.—Tract 3 is generally de2 picted on the map numbered 161–DI, entitled

3 ‘‘Boundary Survey for South Carolina Forestry

4 Commission’’, dated August 1998, and filed, to5 gether with a legal description of the tract, with the

6 South Carolina State Commission of Forestry.

7 (3) CONSIDERATION.—As consideration for the

8 release of the revisionary interest under paragraph

9 (1), the State of South Carolina shall transfer to the

10 United States a vested future interest, similar to the

11 restriction described in paragraph (1)(A), in the

12 tract of land identified as Parcel G on the map num13 bered 225–HI, entitled ‘‘South Carolina Forestry

14 Commission Boardman Land Exchange’’, dated

15 June 9, 1999, and filed, together with a legal de16 scription of the tract, with the South Carolina State

17 Commission of Forestry.

18 (c) EXCHANGE OF MINERAL RIGHTS.—

19 (1) EXCHANGE REQUIRED.—Subject to any

20 valid existing rights of third parties, the Secretary of

21 the Interior shall convey to the South Carolina State

22 Commission of Forestry on behalf of the State of

23 South Carolina all of the undivided mineral rights of

24 the United States in the Tract 3 identified in sub25 section (b)(1) in exchange for mineral rights of
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1 equal value held by the State of South Carolina in

2 the Parcel G identified in subsection (b)(3) as well

3 as in Parcels E and F owned by the State and also

4 depicted on the map referred to in subsection (b)(3).

5 (2) DETERMINATION OF MINERAL CHAR6 ACTER.—Not later than 90 days after the date of

7 the enactment of this Act, the Secretary of the Inte8 rior shall determine—

9 (A) the mineral character of Tract 3 and

10 Parcels E, F, and G; and

11 (B) the fair market value of the mineral

12 interests.

13 SEC. 315. TECHNICAL CORRECTION REGARDING RESTORA14 TION OF ELIGIBILITY FOR CROP LOSS AS15 SISTANCE.

16 Section 259 of the Agricultural Risk Protection Act

17 of 2000 (Public Law 106–224; 114 Stat. 426; 7 U.S.C.

18 1421 note) is amended by adding at the end the following:

19 ‘‘(c) COMMODITY CREDIT CORPORATION.—The Sec20 retary shall use the funds, facilities, and authorities of the

21 Commodity Credit Corporation to carry out this section.’’.

22 SEC. 316. PORK CHECKOFF REFERENDUM.

23 Notwithstanding section 1620(c)(3)(B)(iv) of the

24 Pork Promotion, Research, and Consumer Information

25 Act of 1985 (7 U.S.C. 4809(c)(3)(B)(iv)), the Secretary
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1 shall use funds of the Commodity Credit Corporation to

2 pay for all expenses associated with the pork checkoff ref3 erendum ordered by the Secretary on February 25, 2000.

Attest:

Clerk.