2008 Farm Bill Side-By-Side

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2008 Farm Bill Side-By-Side 

The 2008 Farm Bill Side-By-Side Comparison

Side by Side: Old and New. On the following pages 

is a side-by-side comparison of the new farm bill with 

previous legislation. Summarized but substantive, it 

offers a time-saving reference to farm bill provisions. 

In addition to key provisions and details by Title, the 

side-by-side includes links to related ERS publications 

and to analyses of previous farm acts. New features 

include a user's guide, an A-Z list of major provisions, 

and a search function.

This side-by-side is not a complete digest of all 

provisions in the new Farm Bill, nor does it include 

every element within covered key provisions. Users 

needing a comprehensive list of provisions or the specific language of a particular provision 

are encouraged to 

download the 2008 Farm Bill (1.65 MB).

The Food, Conservation, and Energy Act of 2008, enacted into law in June 2008, will 

govern the bulk of Federal agriculture and related programs for the next 5 years. Its 15 

titles include administrative and funding authorities for programs that cover income and 

commodity price support, farm credit, and risk management; conservation though land 

retirement, stewardship of land and water resources, and farmland protection; food 

assistance and agricultural development efforts abroad and promotion of international 

access to American farm products; food stamps, domestic food distribution, and nutrition 

initiatives; rural community and economic development initiatives, including regional 

development, rural energy efficiency, water and waste facilities, and access to broadband 

technology; research on critical areas of the agricultural and food sector; accessibility and 

sustainability of forests; encouraging production and use of agricultural and rural renewable 

energy sources; and initiatives for attracting and retaining beginning and socially 

disadvantaged farmers and ranchers.

See 2008 Farm Bill Overview for a brief description of major changes to farm legislation 

contained in the 2008 Farm Act.

● Introduction

● Title I: Commodities

● Title II: Conservation

● Title III: Trade

● Title IV: Nutrition

● Title V: Credit

● Title VI: Rural Development

● Title VII: Research

● Title VIII: Forestry

● Title IX: Energy

● Title X: Hort & Organic Ag

● Title XI: Livestock

● Title XII: Crop Insurance

● Title XIII: Commodity Futures

● Title XIV: Miscellaneous

● Title XV: Trade & Taxes

● 

● Provisions for Traditionally 

Underserved Groups

● ERS Resources

● User's Guide

● A-Z List of Provisions

● List of Provisions by Title

● Background Publications

● Farm Policy Glossary

● Previous Farm Bills

● Related Links

● Download the 2008 Farm 

Bill (1.65MB)

http://www.ers.usda.gov/FarmBill/2008/ (1 of 2) [9/3/2008 9:50:46 AM]
2008 Farm Bill Side-By-Side

● USDA Farm Bill Site

For more information, contact: Farm policy team

Web administration: webadmin@ers.usda.gov

Updated date: August 20, 2008

 

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http://www.ers.usda.gov/FarmBill/2008/ (2 of 2) [9/3/2008 9:50:46 AM]
2008 Farm Bill Side-By-Side: 2008 Farm Bill Overview

 You are here: Home / Farm Bill Resources / 2008 Farm Bill Side-By-Side / 2008 Farm Bill Overview 

2008 Farm Bill Side-By-Side 

2008 Farm Bill Overview

The Food, Conservation, and Energy Act of 2008, enacted into law in June 2008, will 

govern the bulk of Federal agriculture and related programs for the next 5 years. Its 15 

titles include administrative and funding authorities for programs that cover income and 

commodity price support, farm credit, and risk management; conservation though land 

retirement, stewardship of land and water resources, and farmland protection; food 

assistance and agricultural development efforts abroad and promotion of international 

access to American farm products; food stamps, domestic food distribution, and nutrition 

initiatives; rural community and economic development initiatives, including regional 

development, rural energy efficiency, water and waste facilities, and access to broadband 

technology; research on critical areas of the agricultural and food sector; accessibility and 

sustainability of forests; encouraging production and use of agricultural and rural renewable 

energy sources; and initiatives for attracting and retaining beginning and socially 

disadvantaged farmers and ranchers.

Among the Act's Provisions: The 2008 Farm Act continues many of the commodity 

programs introduced in recent farm legislation, adjusting payment levels and eligibility, 

while introducing a new average crop revenue election program. The Act introduces a 

permanent disaster assistance program and adjusts some details of the long-standing crop 

insurance program. Provisions for beginning and socially disadvantaged farmers and 

ranchers consistently provide enhanced support across most of the titles in the legislation.

New titles provide for horticultural crops and organic agriculture and for the livestock and 

poultry sector. The Specialty Crop Block Grant Program continues with increased 

mandatory funding, and pest and disease management provisions authorize annually 

increasing funds for early detection and risk mitigation. Funding is increased and new 

programs established to support producers transitioning to organic agriculture, to tailor 

conservation programs to organic practices, and to increase research into organic 

agriculture, including for increased data collection. Livestock mandatory reporting expands 

and country-of-origin labeling continues, with some additional commodities added. New 

rules governing hog and poultry production contracts and meat and poultry plant food 

safety are introduced. 

Conservation provisions emphasize and expand working land conservation and 

environmental practices, including the new Conservation Stewardship Program, which 

redesigns and expands the previous Conservation Security Program. Wetland restoration 

and farmland preservation programs continue, as do land retirement programs, although at 

reduced funding levels. The Credit Title adds new conservation loans, and the Forestry Title 

includes provisions for emergency private forest restoration. 

Benefits and eligibility increase for the Food Stamp Program (FSP), renamed the 

Supplemental Nutrition Assistance Program (SNAP) beginning in 2009. The Fresh Fruit and 

Vegetable Program and farmers' market and food distribution programs also receive 

increased funding. The Trade title repeals several export assistance programs, while 

continuing and expanding market development programs. Provisions increase international 

food assistance and authorize a small pilot program for local or regional purchase and 

distribution of emergency international food assistance. 

Rural development programs continue to emphasize business and economic development 

and enhanced infrastructure, especially for health care and communications systems. Valueadded agricultural activities, including renewable energy and locally and regionally 

● Introduction

● Title I: Commodities

● Title II: Conservation

● Title III: Trade

● Title IV: Nutrition

● Title V: Credit

● Title VI: Rural Development

● Title VII: Research

● Title VIII: Forestry

● Title IX: Energy

● Title X: Hort & Organic Ag

● Title XI: Livestock

● Title XII: Crop Insurance

● Title XIII: Commodity Futures

● Title XIV: Miscellaneous

● Title XV: Trade & Taxes

● 

● Provisions for Traditionally 

Underserved Groups

● ERS Resources

● User's Guide

● A-Z List of Provisions

● List of Provisions by Title

● Background Publications

● Farm Policy Glossary

● Previous Farm Bills

● Related Links

● Download the 2008 Farm 

Bill (1.65MB)

http://www.ers.usda.gov/FarmBill/2008/Overview.htm (1 of 2) [9/3/2008 9:50:56 AM]
2008 Farm Bill Side-By-Side: 2008 Farm Bill Overview

produced agricultural products also receive greater attention. Coordination of agricultural 

research, education, and extension programs is reorganized through a new National 

Institute for Food and Agriculture and most research funding becomes competitively 

awarded. New research initiatives are established for specialty and organic crops, 

bioenergy, nutrition, and honey bees and other pollinators.

The Energy Title expands existing programs and adds a number of new ones to encourage 

production, use, and development of biobased and other renewable energy sources. The 

2008 Farm Act also includes a number of tax provisions, including several related to 

biofuels. Among these are a temporary production tax credit for cellulosic biofuels, 

reduction in the tax credit for ethanol after the Renewable Fuel Standard for ethanol is 

reached, and an extension of the additional duty on ethanol imported for fuel use through 

2010.

● USDA Farm Bill Site

For more information, contact: Farm policy team

Web administration: webadmin@ers.usda.gov

Updated date: August 20, 2008 

 

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http://www.ers.usda.gov/FarmBill/2008/Overview.htm (2 of 2) [9/3/2008 9:50:56 AM]
2008 Farm Bill Side-by-Side: Title I: Commodity Programs

 You are here: Home / Farm Bill Resources / 2008 Farm Bill Side-By-Side / Title I: Commodity Programs 

2008 Farm Bill Side-By-Side 

The 2008 Farm Bill: Title I Provisions

Provides income support, with new payment and eligibility limits, 

for wheat, feed grains, cotton, rice, oilseeds, and pulses through 

direct payments (except pulses), counter-cyclical payments, 

marketing loan assistance program, and new average crop 

revenue election payments. Adjusts sugar loan rates and adds 

program to use surplus sugar for bioenergy production. Revises 

dairy price support to operate with administered prices for 

manufactured products rather than fluid milk.

List of Key Provisions:

Direct and Counter-Cyclical Payments

Direct Payments | Counter-Cyclical Payments (CCPs) | Acreage Base and Payment Acres for Calculating 

Direct and Counter-Cyclical Payments | Treatment of Farms With Limited Base Acres | Payment Yield for 

Calculating Direct and Counter-Cyclical Payments | Planting Flexibility and Restrictions for Program 

Participants

Average Crop Revenue Election (ACRE) Program

ACRE Guarantee Parameters | ACRE Payment Parameters | Payment Acreage for ACRE | ACRE Payments | 

ACRE Payment Timing

Marketing Assistance Loans and Loan Deficiency Payments (LDPs)

Commodity Loan Rates | Repayment of Loans | Loan Deficiency Payments | Commodity Certificates | 

Recourse Loans for High-Moisture Corn and Seed Cotton | Special Upland Cotton Marketing Loan Provisions

| Upland Cotton Economic Adjustment Assistance | Special Competitive Provisions for Extra-Long Stable 

Cotton

Peanuts

Storage and Handling Costs

Sugar

Price Support | Avoiding Forfeitures | Information Reporting | Flexible Marketing Allotments | Tariff-Rate 

Quotas (TRQs) | Sugar Storage Facility Loan Program

Dairy

Federal Milk Marketing Orders | Price Support | Milk Income Loss Contract (MILC) Payments | Dairy 

Indemnity Program | Dairy Forward Pricing Program | Mandatory Reporting of Dairy Commodities | Dairy 

Export Incentive Program (DEIP) | National Dairy Promotion and Research Program (NDPRP) and National 

Fluid Milk Processor Promotion Program (NFMPPP) | Studies of Dairy Policy and Marketing Orders

Administration

Uruguay Round Compliance | Permanent Law | Payment Limits and Income Eligibility | Tracking of Benefits

| Cotton Price Forecasting | Conservation Compliance | Hard White Wheat Development Program | Durum 

Wheat Quality Program | Quality Incentive Payments for Covered Oilseed Producers | Storage Facility Loan 

Program | Information Gathering | Geographically Disadvantaged Farmers and Ranchers

● Introduction

● Title I: Commodities

● Title II: Conservation

● Title III: Trade

● Title IV: Nutrition

● Title V: Credit

● Title VI: Rural Development

● Title VII: Research

● Title VIII: Forestry

● Title IX: Energy

● Title X: Hort & Organic Ag

● Title XI: Livestock

● Title XII: Crop Insurance

● Title XIII: Commodity Futures

● Title XIV: Miscellaneous

● Title XV: Trade & Taxes

● 

● Provisions for Traditionally 

Underserved Groups

● ERS Resources

● User's Guide

● A-Z List of Provisions

● List of Provisions by Title

● Background Publications

● Farm Policy Glossary

● Previous Farm Bills

● Related Links

● Download the 2008 Farm 

Bill (1.65MB)

http://www.ers.usda.gov/FarmBill/2008/Titles/TitleIcommodities.htm (1 of 22) [9/3/2008 9:51:16 AM]
2008 Farm Bill Side-by-Side: Title I: Commodity Programs

Browse A-Z List of Provisions

● USDA Farm Bill Site

Provision name:

Direct and Counter-Cyclical Payments for wheat, feed grains, upland cotton, rice, peanuts, oilseeds, and pulses

Direct Payments

Previous Legislation 2008 Farm Bill 

Direct payments were available for producers with eligible 

historic acreage of wheat, corn, barley, grain sorghum, 

oats, upland cotton, and rice. Direct payments were 

extended to soybeans, other oilseeds, and peanuts.

Retains provision. Rice is divided into long-grain rice and 

medium-grain rice (which includes short-grain rice). 

Beginning with CY 2009, pulse crops (dry peas, lentils, 

small chickpeas, and large chickpeas) are included as 

covered commodities, but are not eligible for direct 

payments.

To receive payments on covered commodities (wheat, 

corn, grain sorghum, barley, oats, rice, upland cotton, 

soybeans, and other oilseeds), a producer with eligible 

historic acreage entered into an annual agreement.

Retains provision for covered commodities.

For peanuts, 2002 payment was made to historic 1998-

2001 producers of peanuts. In 2003-07, a historic producer 

of peanuts could assign eligibility for payments to other 

farms.

Peanuts producers remain eligible for direct payments, but 

are treated separately from other covered commodities.

An eligible farm's "payment amount" for a given 

commodity was product of: 

● payment rate specified for the commodity

● payment acres (85% of the farm's base acreage for 

the covered commodity) and

● payment yield for that commodity

Retains provision, but payment acres for direct payments 

are reduced to 83.3% of base acres for crop years (CY) 

2009-11.

Payment rates were specified in 2002 Farm Act:

Payment rate

Wheat $0.52/bu 

Corn $0.28/bu 

Grain sorghum $0.35/bu

Barley $0.24/bu

Oats $0.024/bu 

Upland cotton $0.0667/lb 

Rice $2.35/cwt 

Peanuts $36/ton

Soybeans $0.44/bu 

Other oilseeds $0.008/lb

Payment rates are specified in 2008 Farm Act:

Payment rate

Wheat $0.52/bu 

Corn $0.28/bu 

Grain sorghum $0.35/bu

Barley $0.24/bu

Oats $0.024/bu 

Upland cotton $0.0667/lb 

Long-grain rice $2.35/cwt 

Medium-grain rice $2.35/cwt 

Soybeans $0.44/bu 

Peanuts 

Other oilseeds

$36/ton 

$0.80/cwt

 Additional peanut program details follow below.

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2008 Farm Bill Side-by-Side: Title I: Commodity Programs

Direct payments for 2002 crop were to be made as soon as 

practicable after enactment of the Farm Act. For CY 2003-

07, farmers were to receive payments no sooner than Oct 

1 of year the crop was harvested. Farmers could receive 

advance payments of up to 50% beginning Dec 1 of 

calendar year before the year when covered commodity 

was harvested.

Amendments to 2002 Farm Act reduced advance payments 

to 40% in CY 2006 and to 22% in CY 2007.

For CY 2008-12, direct payments may be made no sooner 

than Oct 1 of harvest year.

Producers can elect to receive advance payments of up to 

22% of direct payment beginning Dec 1 of calendar year 

before the year covered commodity is harvested. For CY 

2008, Secretary of Agriculture will make advance direct 

payments as soon as practicable after each producer’s 

election.

Advance direct payments are not available for CY 2012.

Counter-Cyclical Payments (CCPs)

Previous Legislation 2008 Farm Bill 

Counter-cyclical payments (CCPs) were available for 

producers with eligible historic acreage of covered 

commodities whenever effective price was less than the 

target price. Effective price was equal to the sum of: 

● higher of national average farm price for the 

marketing year or national commodity program loan 

rate and

● direct payment rate for the commodity 

Retains provision. 

For long-grain rice and medium-grain rice, effective price is 

determined using same calculation, but by type or class of 

rice.

Beginning with CY 2009, counter-cyclical payments are 

available for dry peas, lentils, small chickpeas, and large 

chickpeas.

Payment amount for a farmer equaled product of direct 

payment rate, payment acres, and payment yield. 

Retains provision. Payment acres for counter-cyclical 

payments are unchanged at 85% of base acres.

Target prices for CCPs:

CY 2002-03 CYs 2004-07 

Wheat $3.86/bu $3.92/bu

Corn $2.60/bu $2.63/bu

Grain sorghum $2.54/bu $2.57/bu

Barley $2.21/bu $2.24/bu

Oats $1.40/bu $1.44/bu

Upland cotton $0.724/lb $0.724/lb

Rice $10.50/cwt $10.50/cwt

Peanuts $495/ton $495/ton

Soybeans $5.80/bu $5.80/bu

Other oilseeds $0.098/lb $0.101/lb 

Target prices for CCPs:

CY 2008 CY 2009 CYs 2010-

12 

Wheat $3.92/bu $3.92/bu $4.17/bu

Corn $2.63/bu $2.63/bu $2.63/bu

Grain 

sorghum $2.57/bu $2.57/bu $2.63/bu

Barley $2.24/bu $2.24/bu $2.63/bu

Oats $1.44/bu $1.44/bu $1.79/bu

Upland 

cotton

$0.7125/

lb

$0.7125/

lb

$0.7125/

lb

Long-grain 

rice

$10.50/

cwt

$10.50/

cwt

$10.50/

cwt

Mediumgrain rice$10.50/

cwt

$10.50/

cwt

$10.50/

cwt

Peanuts $495/ton $495/ton $495/ton

Soybeans $5.80/bu $5.80/bu $6.00/bu

Other 

oilseeds

$10.10/

cwt 

$10.10/

cwt 

$12.68/

cwt 

Dry peas NA $8.32/cwt $8.32/cwt

Lentils NA $12.81/

cwt

$12.81/

cwt

Small 

chickpeas

NA $10.36/

cwt

$10.36/

cwt

Large 

chickpeas

NA $12.81/

cwt

$12.81/

cwt

Additional peanut program details follow below.

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2008 Farm Bill Side-by-Side: Title I: Commodity Programs

For CY 2002-06, Secretary required to make CCPs for crop 

as soon as practicable after end of crop year (marketing 

year) for the covered commodity. If producer elected to 

receive partial payment, payment of up to 35% was 

required to be made in Oct of year when crop was 

harvested. A second payment of up to 70% minus first 

payment was required to be made after Feb 1. Final 

payment was required to be made as soon as practicable 

after end of crop year. For CY 2007, first partial payment, 

not to exceed 40%, was to be made after first 6 months of 

crop year.

In a year when Secretary estimates that CCPs will be 

required and the producer elects to receive partial 

payments, a first partial payment not to exceed 40% of the 

projected payment must be made after first 180 days of 

the marketing year. Final payments are to be made as 

soon as practical after end of the marketing year. If actual 

payment is less than first partial payment, producer must 

be repay the difference. 

Partial counter-cyclical payments are not available 

beginning with 2011 crop year.

Acreage Base and Payment Acres for Calculating Direct and Counter-Cyclical Payments

Previous Legislation 2008 Farm Bill 

Owners of farms with eligible historic acreage had 1-time 

opportunity to select a method for determining base 

acreage of covered commodities for the entire farm. An 

owner who failed to make an election was considered to 

have selected 2002 production flexibility (PFC) contract 

acres and, for oilseed base, the 4-year average of oilseed 

plantings.

Secretary directed to provide for an adjustment in base 

acres when a CRP contract expired or was terminated 

voluntarily.

Base acreage could not exceed a farm's available cropland. 

Several options were available for designating base acres 

under the 2002 Act, including options that allowed for 

inclusion of oilseed acres. Farmland owners had to select 1 

option for designating base acres on their farm. 

Base acreage can also be adjusted for:

● eligible pulse crop acreage

● eligible additional other oilseed acreage

● land that has been subdivided and developed for 

multiple residential units

Base acres for pulse crops and additional oilseeds are 

determined in same manner used for other oilseeds in 

2002 Act. 

No similar provision. Base acres of rice on farm are apportioned using:

● 4-year average of percentages of acreage planted in 

applicable State to long-grain rice and mediumgrain rice during CY 2003-06, or

● 4-year average of acreage planted (including 

prevented plantings) on the farm to long-grain rice 

and medium-grain rice during CY 2003-06; in case 

of crop year for which producer elected not to plant 

long-grain and medium-grain rice during CY 2003-

06, percentages of acreage planted in applicable 

State to long-grain rice and medium-grain rice are 

used

Payment acres were equal to 85% of base acres. Retains provision, but payment acres for direct payments 

and ACRE payments are reduced to 83.3% for CY 2009-11.

If conservation reserve contract expired, was voluntarily 

terminated, or released from coverage by Secretary, base 

acreage increased. For these base acres, owner of farm 

had to elect to receive either direct and counter-cyclical 

payments or prorated payment under conservation reserve 

contract.

Retains provision.

Treatment of Farms With Limited Base Acres

Previous Legislation 2008 Farm Bill

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2008 Farm Bill Side-by-Side: Title I: Commodity Programs

No similar provision. Prohibits direct payments, counter-cyclical payments, and 

average crop revenue election payments if sum of base 

acres of the farm is 10 acres or less, unless farm is owned 

by a socially disadvantaged or limited-resource farmer or 

rancher.

Secretary must evaluate effects of suspension of base 

acres under this provision on supply and price of fruits and 

vegetables.

Payment Yield for Calculating Direct and Counter-Cyclical Payments

Previous Legislation 2008 Farm Bill 

Payment yields for direct payments were unchanged from 

1996 Act except that peanuts, soybeans, and other 

oilseeds were added to program.

Soybean and other oilseed payment yields were 

determined based on farm's 1998-2001 average yield 

multiplied by national average yield for 1981-85, divided 

by national average yield for 1998-2001.

Payment yields for peanuts were determined as the 

average yield on the farm for CY 1998-2001.

Payment yields for CCPs were same as for direct payments, 

unless producer updated base acres. If base acres were 

updated, payment yields for counter-cyclical payments 

could be updated during the signup period.

Payment yields for direct and counter-cyclical payments are 

unchanged from 2002 Act except those payment yields to 

be established for any designated oilseed or newly eligible 

pulse crop.

Payment yields for pulse crops are established in same 

manner that was used for soybeans and other oilseeds in 

the 2002 Act.

Planting Flexibility and Restrictions for Program Participants

Previous Legislation 2008 Farm Bill 

Participants could plant 100% of their total base acreage to 

any crop, except with limitations on fruit, vegetables, and 

wild rice. Land had to be maintained in agricultural use. 

Unlimited haying and grazing and unlimited planting and 

harvesting of alfalfa and other forage crops were permitted 

with no reduction in payments. 

Planting of fruits, vegetables, and wild rice (excluding 

mung beans, lentils, and dry peas) on base acres was 

prohibited unless producer or farm had a history of 

planting fruits, vegetables, or wild rice, but payments were 

reduced acre-for-acre on such plantings. Double cropping 

of fruit, vegetables, and wild rice was permitted without 

loss of payments if region had a history of such double 

cropping.

Producers on a farm required to submit annual acreage 

reports with respect to all cropland on farm. 

Retains provision on planting restrictions for fruits, 

vegetables, and wild rice, excluding mung beans and pulse 

crops (dry peas, lentils, small chickpeas, and large 

chickpeas) on base acres.

http://www.ers.usda.gov/FarmBill/2008/Titles/TitleIcommodities.htm (5 of 22) [11/25/2008 2:33:58 PM]
2008 Farm Bill Side-by-Side: Title I: Commodity Programs

No similar provision. Authorizes pilot planting-flexibility project for CY 2009-12 

to allow production of cucumbers, green peas, lima beans, 

pumpkins, snap beans, sweet corn, and tomatoes for 

processing on up to 9,000 base acres in Illinois; 9,000 base 

acres in Indiana; 1,000 base acres in Iowa; 9,000 base 

acres in Michigan; 34,000 base acres in Minnesota; 4,000 

base acres in Ohio; and 9,000 base acres in Wisconsin.

To be eligible for the pilot, producers had to have entered 

into contract to produce the specified crop for processing, 

agree to produce crop as part of a program of crop 

rotation, and provide evidence of disposition of crop. Base 

acres are reduced per crop year by an acre for each acre 

planted under the pilot program.

Participants had to abide by conservation-compliance 

requirements (see Title II, Compliance Mechanisms).

Continues conservation-compliance requirements.

Back to top of page >>

Provision name:

Average Crop Revenue Election (ACRE) Program See Additional Information >>

Previous Legislation 2008 Farm Bill

No similar provision. An optional revenue-based counter-cyclical program, Average 

Crop Revenue Election (ACRE) program, is available 

beginning with 2009 crop year, as an alternative to receiving 

counter-cyclical payments.

Producers on a farm with covered commodities and/or 

peanuts can elect to participate in the ACRE program for all 

covered commodities and peanut acreage on the farm. Once 

they elect to participate in ACRE, producers on the farm must 

remain in the program for the duration of the 2008 Act.

For ACRE participants, direct payments are reduced by 20% 

and marketing assistance loan rates are reduced by 30% on 

enrolled farms.

ACRE Guarantee Parameters

Previous Legislation 2008 Farm Bill

No similar provision. ACRE Program Guarantee: Participants are eligible for 

State-based revenue coverage equaling 90% of product of:

● 5-year ACRE benchmark State yield

● 2-year ACRE program guarantee price

ACRE benchmark State yield: average yield per planted 

acre for commodity in the State in previous 5 years, 

dropping high and low yields. Secretary can assign yields if 

yields are not available or are unrepresentative of average 

State yields.

ACRE program guarantee price: commodity-specific 2-year 

national average market price received by producers.

ACRE program guarantee for CY 2010-12 cannot change by 

more than 10% from the guarantee for previous crop year.

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2008 Farm Bill Side-by-Side: Title I: Commodity Programs

For States with more than 25% of acreage planted to a 

covered crop or peanuts that is irrigated and 25% of 

acreage planted that is nonirrigated, Secretary must 

calculate separate guarantees for irrigated and nonirrigated 

acreage.

ACRE Payment Parameters

Previous Legislation 2008 Farm Bill

No similar provision. ACRE national average market price: greater of

● the national average commodity market price 

received by producers during the 12-month 

marketing year; or

● the reduced marketing assistance commodity loan 

rate.

ACRE actual State revenue: actual State yield per planted 

acre x the 12-month ACRE national average market price.

ACRE actual State yield per planted acre: crop year 

commodity production (quantity) produced in the State per 

planted acre.

ACRE actual farm revenue: actual commodity farm yield 

per planted acre x the ACRE national average market price.

ACRE benchmark farm revenue: [5-yr Olympic average 

farm crop yield per planted acre x ACRE program 

guarantee price] + crop insurance premiums per acre]

Farm-specific productivity ratio: 5-year Olympic average

farm crop yield per planted acre/ACRE benchmark State 

yield

Payment Acreage for ACRE

Previous Legislation 2008 Farm Bill

No similar provision. ACRE revenue payments are made on 83.3% of acreage 

planted or considered planted to covered commodities or 

peanuts in CY 2009-11 and 85% in CY 2012.

Total number of planted acres for which producers on a 

farm may receive ACRE payments may not exceed total 

base acreage for all covered commodities and peanuts on 

the farm.

ACRE Payments

Previous Legislation 2008 Farm Bill

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2008 Farm Bill Side-by-Side: Title I: Commodity Programs

No similar provision. ACRE payments can be triggered by a decrease in State 

yields or the national average market price.

Enrolled producers are eligible for ACRE payments if ACRE 

actual State revenue for the covered commodity or peanuts 

in the State is less than ACRE program guarantee for crop 

year AND ACRE actual farm revenue is less than the ACRE 

benchmark farm revenue.

ACRE Payments per commodity equal:

1) Lesser of: a) ACRE program guarantee – actual State 

revenue OR b) 25% of ACRE program guarantee 

x 

2) Planted crop acres: 83.3% in CY 2009-11 and 85% in 

CY 2012 of farm planted, or considered planted, crop acres 

not to exceed total base acres 

x 

3) Farm-specific productivity ratio

ACRE Payment Timing

Previous Legislation 2008 Farm Bill

No similar provision. ACRE payments are made beginning October 1, or as soon 

as practicable after end of applicable marketing year.

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Provision name:

Marketing Assistance Loans and Loan Deficiency Payments (LDPs) are 

available to minimize potential commodity-secured loan forfeitures and 

subsequent government accumulation of stocks.

See Additional Information >>

Previous Legislation 2008 Farm Bill 

Nonrecourse commodity loans with marketing loan provisions 

were authorized for 2002-07 crops. Commodity loans were 

for up to 9 months. Producers had to comply with 

conservation and wetland requirements to be eligible for a 

loan. Marketing loan provisions were continued allowing 

repayment of loans at less than full principal plus interest 

when prices were below loan rates.

National loan rates were set in legislation. Marketing loan 

provisions were extended to peanuts, wool, mohair, honey, 

small chickpeas, lentils, and dry peas. Producers no longer 

had to enter into an agreement for direct payments to be 

eligible for loan program benefits.

Peanut marketing assistance loans could have been obtained 

through: 

● designated marketing association or marketing 

cooperative of producers or

● Farm Service Agency 

Continues nonrecourse commodity loans with marketing loan 

provisions for 2008-12 crops.

National loan rates are set in legislation. Retains eligibility 

provisions.

Expands eligible crops to include large chickpeas starting in 

2009. Long-grain rice and medium-grain rice specified 

separately rather than as 'rice,' each with its own national 

loan rate.

Extra Long Staple (ELS) cotton loans were nonrecourse, but 

had to be repaid at the loan rate plus interest.

Authorizes nonrecourse loans for ELS cotton for 2008-12 

crops.

Commodity Loan Rates are per-unit values available to farmers via commodity-secured loans.

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2008 Farm Bill Side-by-Side: Title I: Commodity Programs

Previous Legislation 2008 Farm Bill 

National loan rates were set in legislation:

CY 2002-

03 

CYs 2004-

07 

Wheat $2.80/bu $2.75/bu

Corn $1.98/bu $1.95/bu

Grain sorghum $1.98/bu $1.95/bu

Barley $1.88/bu $1.85/bu

Oats $1.35/bu $1.33/bu

Rice $6.50/cwt $6.50/cwt

Soybeans $5.00/bu $5.00/bu

Other oilseeds $0.096/lb $0.093/lb

Upland cotton $0.52/lb $0.52/lb

ELS cotton $0.7977/lb $0.7977/lb

Peanuts $355/ton $355/ton

Graded wool $1.00/lb $1.00/lb

Nongraded wool $0.40/lb $0.40/lb

Mohair $4.20/lb $4.20/lb 

Honey $0.60/lb $0.60/lb 

Small chickpeas $7.56/cwt $7.43/cwt

Lentils $11.94/cwt $11.72/cwt

Dry peas $6.33/cwt $6.22/cwt

National loan rates are set in legislation:

CY 2008 CY 2009 CYs 2010-

12 

Wheat $2.75/bu $2.75/bu $2.94/bu

Corn $1.95/bu $1.95/bu $1.95/bu

Grain sorghum $1.95/bu $1.95/bu $1.95/bu

Barley $1.85/bu $1.85/bu $1.95/bu

Oats $1.33/bu $1.33/bu $1.39/bu

Long-grain rice $6.50/cwt $6.50/cwt $6.50/cwt

Medium-grain rice $6.50/cwt $6.50/cwt $6.50/cwt

Soybeans $5.00/bu $5.00/bu $5.00/bu

Other oilseeds $9.30/cwt $9.30/cwt $10.09/

cwt

Upland cotton $0.52/lb $0.52/lb $0.52/lb

ELS cotton $0.7977/

lb

$0.7977/

lb

$0.7977/

lb

Peanuts $355/ton $355/ton $355/ton

Graded wool $1.00/lb $1.00/lb $1.15/lb

Nongraded wool $0.40/lb $0.40/lb $0.40/lb

Mohair $4.20/lb $4.20/lb $4.20/lb 

Honey $0.60/lb $0.60/lb $0.69/lb 

Small chickpeas $7.43/cwt $7.43/cwt $7.43/cwt

Large chickpeas NA $11.28/

cwt

$11.28/

cwt

Lentils $11.72/

cwt

$11.28/

cwt

$11.28/

cwt

Dry peas $6.22/cwt $5.40/cwt $5.40/cwt

Required Secretary to establish single loan rate for 

each kind of other oilseed in each county.

Continues provision.

No similar provision. Reduces loan rates by 30% for production on farms in ACRE 

program.

Repayment of Loans can occur at loan rate plus interest or at a lower marketing loan repayment rate when 

market prices are below commodity loan rates.

Previous Legislation 2008 Farm Bill 

Marketing loans were continued for wheat, feed grains, 

upland cotton, rice, soybeans, and other oilseeds. 

Marketing loan provisions were extended to peanuts, wool, 

mohair, honey, small chickpeas, lentils, and dry peas. 

Loans could be repaid at loan rate plus interest, or repaid 

at a rate less than the sum of original loan rate plus 

accrued interest when market prices were below 

commodity loan rates.

Continues provision, with loan availability extended to large 

chickpeas.

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2008 Farm Bill Side-by-Side: Title I: Commodity Programs

Required Secretary to determine loan repayment rates for 

loan commodities—other than upland cotton, ELS cotton, 

and rice—at rate that:

● minimized potential forfeitures

● minimized accumulation of stocks of commodity 

● minimized storage costs

● allowed commodity produced in U.S. to be 

marketed freely and competitively, both 

domestically and internationally

Marketing loan repayment rates were based on local, 

posted county prices (PCPs) for wheat, feed grains, and 

oilseeds. PCPs were calculated (and posted) each day the 

Federal government was open. Other oilseeds (excluding 

soybeans), pulses, wool, and mohair set weekly. Honey set 

monthly.

Continues provisions—other than for upland cotton, ELS 

cotton, long-grain rice, medium-grain rice, confectionery, 

and each other kind of sunflower seed (other than oil 

sunflower seed).

Requires Secretary to determine loan repayment rates for 

selected loan commodities at rate based on average 

market prices for loan commodity during preceding 30-day 

period. Secretary may choose to establish another rate that 

meets conditions specified in previous legislation. Loan 

repayment rate for applicable commodities is lesser of 

principal plus interest, the 30-day repayment rate, or 

calculated repayment rate as determined by CCC. Not 

applicable to cotton, rice, and peanuts.

Marketing loan repayment rates for rice and upland cotton 

were based on prevailing world market prices. World 

market price for rice was determined by a formula adjusted 

for U.S. quality and location. Prevailing world market prices 

were calculated by USDA on a weekly basis.

Secretary to prescribe by regulation:

● formula to determine prevailing world market price 

for upland cotton and rice, adjusted to U.S. quality 

and location

● mechanism to announce periodically prevailing 

world market price

Continues provision. Prevailing world market price for 

cotton is based on cotton of comparable quality delivered 

to a definable and significant international market.

2002 Farm Act amended in 2003 to allow marketing 

assistance loans for confectionery and each other kind of 

sunflower seed (except oil sunflower seed) to be repaid at 

rate that is lesser of loan rate plus interest or repayment 

rate established for oil sunflower seed.

Continues provision.

Secretary could adjust commodity loan rates for 

commodities based on differences in grade, type, quality, 

location, and other factors. Loan repayment rates were 

adjusted for quality and grade for each applicable 

commodity loan.

Continues provision.

No similar provision. Authorizes Secretary to modify repayment rates under 

marketing loan program in event of severe disruption to 

marketing, transportation, or related infrastructure.

Requires Secretary to revise marketing assistance loan 

program for upland cotton to better reflect market values 

for upland cotton.

Secretary shall not make adjustments in loan rates for longgrain rice and medium-grain rice, except for differences in 

grade and quality (including milling yields).

A USDA-determined lower repayment rate option for 

peanuts was designed to minimize commodity forfeiture, 

government-owned stocks, and storage costs, and to allow 

peanuts to be marketed freely and competitively, both 

domestically and internationally.

Continues provision.

Loan Deficiency Payments are an alternative for producers to receiving marketing assistance loans.

Previous Legislation 2008 Farm Bill 

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2008 Farm Bill Side-by-Side: Title I: Commodity Programs

To reduce administrative costs, loan deficiency payments 

were available when market prices were lower than 

commodity loan rates. LDPs to producers amounted to 

difference between commodity loan rate and what 

producer's loan repayment rate would be under marketing 

loan provisions.

Payment amount was determined whenever producer 

requested payment or on date when producer lost 

ownership of commodity. 

LDPs were available for all loan commodities except ELS 

cotton.

Continues provision. Includes authority for Secretary to 

base loan repayment rate on average market prices for 

loan commodity during preceding 30-day period.

Unshorn pelts (wool), hay, and silage became eligible for 

LDPs.

Continues provision.

Producers who elected to use acreage planted to wheat, 

barley, oats, or triticale for grazing of livestock were 

eligible to receive LDPs. Payment amount was determined 

by multiplying acreage grazed times direct payment yield 

for covered commodity on that acreage.

Producers electing this payment were not eligible for a crop 

insurance indemnity or for noninsured crop assistance.

Continues provision.

Commodity Certificates

Previous Legislation 2008 Farm Bill 

Commodity certificates could be purchased at posted 

county price for wheat, feed grains, and oilseeds, national 

posted price for peanuts, or at effective adjusted world 

price for rice or upland cotton. Certificates were available 

so that producers could immediately acquire crop collateral 

they had pledged to the Commodity Credit Corporation 

(CCC) for a commodity loan.

Retains provision for 2007-09 crops.

USDA authorized to pay storage and other costs associated 

with upland cotton going into the loan program.

Continues cotton storage payments, but reduces rates by 

10% from rates provided in 2006 for CY 2008-11. Reduces 

rates by 20% for CY 2012.

Recourse Loans for High-Moisture Corn and Seed Cotton

Previous Legislation 2008 Farm Bill 

Recourse loans were available to producers who normally 

harvested all or a portion of their corn or grain sorghum in 

a high-moisture condition, having moisture content in 

excess of CCC standards for marketing assistance loans. 

Borrowers had to repay recourse loans; i.e., they could not 

pledge crops as collateral.

Retains provision.

Recourse seed cotton loans could be made on any 

production of upland and ELS cotton.

Retains provision.

Repayment of a recourse loans made under this section 

was made at loan rate established for the commodity, plus 

interest.

Retains provision.

Special Upland Cotton Marketing Loan Provisions

Previous Legislation 2008 Farm Bill 

Special import quotas permitted President to announce a 

special import quota for upland cotton to temporarily 

increase cotton supplies.

Retains provision.

A limited global import quota was authorized when average 

monthly spot price of base-quality upland cotton exceeded 

130% of average price during preceding 36 months.

Retains provision.

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2008 Farm Bill Side-by-Side: Title I: Commodity Programs

Upland cotton user marketing certificates (Step 2 

payments) were available to domestic users and exporters 

subject to price conditions in the U.S. and Northern 

Europe. Provisions were repealed on Aug 1, 2006.

No similar provision.

Upland Cotton Economic Adjustment Assistance

Previous Legislation 2008 Farm Bill

No similar provision. From Aug 1, 2008 through July 31, 2012, economic 

adjustment assistance equal to 4 cents/lb shall be provided 

to domestic users of upland cotton for all documented use 

of upland cotton during previous month regardless of the 

origin of the cotton. Payment rate drops to 3 cents/lb on 

Aug 1, 2012. Assistance can be used only for acquisition, 

construction, installation, modernization, development, 

conversion, or expansion of land, plant, buildings, 

equipment, facilities, or machinery.

Special Competitive Provisions for Extra-Long Staple Cotton

Previous Legislation 2008 Farm Bill 

Retained program to increase exports and maintain 

competitiveness of ELS cotton in world markets. Payments 

were made to domestic users and exporters when world 

market price was below the U.S. price for 4 consecutive 

weeks and lowest priced competing ELS cotton was less 

than 134% of ELS loan rate.

Retains provision.

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Provision name:

Peanuts

Previous Legislation 2008 Farm Bill 

Peanut price support program was converted to a system 

providing direct and counter-cyclical payments and 

nonrecourse loans with marketing loan provisions.

Marketing quota for peanuts was eliminated through a quota 

buyout. New direct payment of $36/ton was available to 

peanut producers. Peanut producers were eligible for new 

counter-cyclical payments when market prices were below an 

established target price of $495/ ton. Peanut loan rate was 

fixed at $355/ton. Peanut base and payment limits were 

treated separately from covered crops.

Provision retained. See provisions for Direct and CounterCyclical Payments and for Marketing Assistance Loans and 

Loan Deficiency Payments (LDPs).

Storage and Handling Costs

Previous Legislation 2008 Farm Bill 

For 2002-06 peanut crops, Secretary was required to use 

CCC funds to pay storage, handling, and other costs 

associated with commodity-secured loans to peanut 

producers. Authority terminated beginning with 2007 crop.

Beginning with 2008 crop, Secretary must use CCC funds 

to pay handling and associated costs (excluding storage) 

for peanuts placed under commodity-secured loan. These 

costs are not excluded from a producer's loan proceeds at 

the time peanuts are placed in the loan. Secretary must 

pay handling and associated costs (including storage) for 

peanuts forfeited to CCC. Producers must repay handling 

and associated costs if loans are redeemed.

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Provision name:

http://www.ers.usda.gov/FarmBill/2008/Titles/TitleIcommodities.htm (12 of 22) [11/25/2008 2:33:58 PM]
2008 Farm Bill Side-by-Side: Title I: Commodity Programs

Sugar

Price Support

Previous Legislation 2008 Farm Bill

Reauthorized nonrecourse loan program for processors of 

domestically grown sugar through fiscal year (FY) 2008 at 

18 cents/lb for raw cane sugar and 22.9 cents/lb for 

refined beet sugar.

Reauthorizes nonrecourse loan program through FY 2013. 

Loan rate for raw cane sugar is: 

● 18 cents/lb in FY 2009

● 18.25 cents/lb in FY 2010

● 18.50 cents/lb in FY 2011

● 18.75 cents/lb in FY 2012-13 

Loan rate for refined beet sugar is: 

● 22.9 cents/lb in FY 2009 

● 128.5% of loan rate for raw cane sugar in FY 2010-

13

For producers who deliver sugar beets and sugarcane to 

processors, processors had to provide payments 

proportional to the value of nonrecourse loans processors 

received for these commodities.

Retains provision.

Loans could not be made earlier than beginning of fiscal 

year. Loans matured at earlier of end of 9 months or end 

of fiscal year in which loan was made.

For loans made in last 3 months of a fiscal year, processor 

could repledge sugar as collateral for second loan in 

subsequent fiscal year. These supplemental loans were 

made at loan rate in effect at time first loan was made, and 

matured in 9 months minus period of time that first loan 

was in effect. 

Retains provision. 

Nonrecourse loans were extended to in-process beets and 

cane syrups. Loan rate was set at 80% of loan rate 

applicable to raw cane sugar or refined beet sugar, 

depending on source material for the in-process sugars and 

syrups.

Retains provision.

Loan rates could be reduced, at Secretary's discretion, if 

foreign producers reduced export subsidies and support 

levels below their current World Trade Organization (WTO) 

commitments.

Does not extend authority to reduce loan rates.

Avoiding Forfeitures

Previous Legislation 2008 Farm Bill 

Secretary is directed to operate nonrecourse sugar loan program at no net cost to Federal Government by avoiding sugar 

loan forfeitures.

Inventory Reduction

Previous Legislation 2008 Farm Bill 

Inventory reduction offers sugar processors option of diverting portion of their production in exchange for receiving 

CCC sugar held in inventory.

To maximum extent practicable, sugar program was to 

be operated at no cost to the Federal government. 

Secretary could provide CCC-owned sugar to processors 

of sugarcane and sugar beets in return for reduction of 

production (acting prior to planting in conjunction with 

the producers of sugar to be processed), Program was 

frequently referred to as a payment-in-kind (PIK) 

program.

Retains provision.

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2008 Farm Bill Side-by-Side: Title I: Commodity Programs

Bioenergy Feedstock

Previous Legislation 2008 Farm Bill 

No similar provision. If reduction in production is necessary to avoid 

forfeitures, quantity of sugarcane and sugar beets that 

has already been planted may not be used for any 

commercial purpose other than as a bioenergy feedstock. 

See Title IX, Feedstock Flexibility Program for Bioenergy 

Producers. 

Information Reporting

Previous Legislation 2008 Farm Bill 

Required sugarcane processors, cane sugar refiners, and 

sugar beet processors, on a monthly basis, to furnish such 

information as Secretary may need to administer the sugar 

programs. Such information included quantity of purchases 

of sugarcane, sugar beets, and sugar, and production, 

importation, distribution, and stock levels of sugar.

Extends provision. 

Requires Secretary to collect information on production, 

consumption, stocks, and trade of sugar in Mexico, 

including U.S. exports of sugar to Mexico; and publicly 

available information on Mexican production, consumption, 

and trade of high-fructose-corn syrups.

Data on Mexico must be published in each edition of 

USDA's monthly World Agricultural Supply and Demand 

Estimates.

Importers of sugars, syrups, or molasses to be used for 

human consumption, or for extraction of sugar for human 

consumption had to report quantities of products imported 

and sugar content or equivalent of the products. Importers 

were not required to report quantities subject to lower rate 

of import duties (tariff-rate quotas).

Retains provision.

Flexible Marketing Allotments

Previous Legislation 2008 Farm Bill 

Flexible marketing allotments authorize Secretary to impose marketing allotments in order to avoid forfeitures.

Required Secretary to annually estimate quantity of sugar 

for domestic human consumption, reasonable carryover 

stocks, carry-in stocks, domestic production, and imports.

Directed Secretary to annually estimate quantity of sugars, 

syrups, and molasses to be imported for human 

consumption both within a tariff-rate quota or in excess or 

outside a tariff-rate quota. Sugar imported for production 

of polyhydric alcohols or to be refined and reexported in 

refined form or in sugar-containing products was excluded 

from estimate.

Extends provision.

Overall allotment quantity (OAQ) was to be divided 

between beet processors (54.35%) and cane producers 

(45.65%), including cane producers of Hawaii and Puerto 

Rico.

Allotments did not apply to sugar produced for export or 

for use in production of ethanol or other bioenergy 

products.

Retains provision. Allotment quantity may not be less than 

85% of estimated deliveries for food and human 

consumption.

http://www.ers.usda.gov/FarmBill/2008/Titles/TitleIcommodities.htm (14 of 22) [11/25/2008 2:33:58 PM]
2008 Farm Bill Side-by-Side: Title I: Commodity Programs

Allotments were to be automatically suspended when 

estimates of imports for domestic food use exceeded sum 

of:

● 1.532 million short tons and 

● quantities of sugar reassigned to imports from 

unfilled allocations of beet sugar or cane sugar 

overall allotment quantity (OAQ)

Eliminates provision.

If Secretary determined that any sugarcane processor who 

had been allocated a share of a State cane sugar allotment 

was unable to market processor's allocation for the crop 

year, Secretary would reassign estimated quantity of the 

deficit. Allocations were to be divided initially among other 

processors within that State, then to other cane sugar 

States, then to CCC inventories, and finally to imports.

If Secretary determined that any sugar beet processor who 

had been allocated a share of the beet sugar allotment was 

unable to market processor's allocations for the crop year, 

Secretary would reassign estimated quantity of the deficit 

to other beet processors, then to CCC inventories, and 

finally to imports.

Extends provision.

Cost of storing excess production was shifted from 

Government to industry. When allotments were in place, 

processors who expanded marketings in excess of rate of 

growth in domestic sugar demand had to postpone sale of 

some sugar, and either store it at their own expense or sell 

it for other than domestic food use.

Extends provision.

Tariff-Rate Quotas (TRQs)

Previous Legislation 2008 Farm Bill 

U.S. Trade Representative, in consultation with Secretary, 

was to determine amount of cane sugar quota used by 

each qualified supplying country for that crop year, and 

could reallocate unused quota for that crop year after June 

1 among other qualified supplying countries.

TRQs for raw cane sugar and refined sugars must be 

established at the minimum level necessary to comply with 

obligations under international trade agreements. 

If a sugar shortage occurs due to an emergency situation 

such as natural disaster or war or similar event prior to 

April 1 of crop year, domestic marketing allotments, along 

with necessary reassignments, including those made to 

imports, can be increased. If these actions are insufficient 

to meet the emergency situation, then further increases in 

refined sugar TRQ may be made. After April 1, if there is a 

shortage of sugar (whatever the cause) domestic 

marketing allotments, along with necessary reassignments, 

including those made to imports, can be increased. If there 

is still a shortage of sugar in U.S. market, and marketing of 

domestic sugar has been maximized, Secretary may 

increase TRQ for raw cane sugar if further increase does 

not threaten to result in forfeiture of sugar pledged as loan 

collateral.

Sugar Storage Facility Loan Program provides financing for processors of domestically produced sugarcane 

and sugar beets to construct or upgrade storage and handling facilities for raw sugars and refined sugars.

Previous Legislation 2008 Farm Bill 

Program extended to sugar processors the type of storage 

facility loan program available to grain and other crop 

farmers, in order to facilitate orderly marketing of sugar.

To obtain a loan through this program, borrower was 

required to complete an environmental cost-benefit 

analysis. Program was implemented, but had no activity.

Extends provision.

http://www.ers.usda.gov/FarmBill/2008/Titles/TitleIcommodities.htm (15 of 22) [11/25/2008 2:33:58 PM]
2008 Farm Bill Side-by-Side: Title I: Commodity Programs

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Provision name:

Dairy. Three major Federal dairy programs are currently in place: milk price support, Federal milk 

marketing orders, and milk income loss contract payment.

Federal Milk Marketing Orders classify and fix minimum prices according to the products in which milk is 

used.

Previous Legislation 2008 Farm Bill 

Continued 11 Federal milk marketing orders. Western 

Federal milk marketing order was terminated, effective Apr 

1, 2004.

Continues Federal milk marketing orders.

No similar provision. Not later than 60 days after enactment of 2008 Act, 

Secretary must issue, using informal rulemaking, 

supplemental rules of practice to define and revise 

guidelines and timeframes for amending marketing orders.

No similar provision. Subject to availability of appropriations, a Federal Milk 

Marketing Order Review Commission, consisting of 14 

members, must be established to conduct a comprehensive 

review and evaluation of the current Federal milk 

marketing order system and non-Federal milk marketing 

order systems. Within 2 years following first meeting of 

commission, commission must submit a report to Secretary 

and Congress.

Price Support is provided through government purchases of butter, nonfat dry milk, and cheese.

Previous Legislation 2008 Farm Bill 

Secretary to support price of milk in 48 contiguous States. 

Minimum support price for milk was fixed at $9.90/cwt for 

milk containing 3.67% butterfat. Support was maintained 

through government purchases of butter, nonfat dry milk, 

and cheese. Secretary could distribute price support 

between nonfat dry milk and butter in a way that 

minimized CCC expenditures. Authority to adjust support 

prices for butter and nonfat dry milk was limited to twice 

per calendar year.

Dairy price support is provided though purchases of specific 

products at specific prices.

Secretary must purchase:

● cheddar cheese in blocks at not less than $1.13/lb 

● cheddar cheese in barrels at not less than $1.10/lb

● butter at not less than $1.05/lb 

● nonfat dry milk at not less than $0.80/lb

Prices Secretary pays for cheese, butter, or nonfat dry milk 

must be uniform for all U.S. regions.

Secretary may make purchase price adjustments in order 

to manage inventories held by CCC. Permissible quantities 

and duration of price adjustments are specified.

Commodities purchased by CCC can be sold back to 

industry at market prices prevailing for that commodity at 

the time of sale. The sell-back price may not be less than 

110% of specified minimum purchase price for the 

commodity being sold back for unrestricted use. 

Milk Income Loss Contract (MILC) Payments

Previous Legislation 2008 Farm Bill 

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2008 Farm Bill Side-by-Side: Title I: Commodity Programs

Established a milk income loss contract (MILC) payments 

program. Producers entered into contracts ending on Sept 

30, 2005. A qualifying dairy farm operator could receive a 

monthly direct payment when monthly Class I price in 

Boston (Federal Marketing Order 1) was less than $16.94/

cwt. 

Agricultural Reconciliation Act of 2005 reauthorized the 

program through Sept 30, 2007. Extended program period 

was called MILCX. Payment-rate-calculation provisions 

stopped any possible payments 1 month short, at the end 

of Aug, terminating the program at that time.

Supplemental Appropriations for Defense, International 

Affairs, and Other Security-Related Needs Act of 2007 

amended provision to remove the 1-month zero-payment 

rate.

Continues program through Sept 30, 2012.

Payment rate was 45% of difference between $16.94/cwt 

and Class I price in the Boston milk marketing order for the 

applicable month. 2002 Act amended to reduce payment 

rate to 34% of difference.

Defines payment rate for 3 specific periods:

● From Oct 1, 2007-Sept 30, 2008, 34% of difference 

between $16.94/cwt (as adjusted) and Class I price 

in the Boston milk marketing order for the 

applicable month

● From Oct 1, 2008-Aug 31, 2012, 45% of difference 

between $16.94/cwt (as adjusted) and Class I price 

in the Boston milk marketing order for the 

applicable month

● For period starting Sept 1, 2012 and thereafter, 

34% of difference between $16.94/cwt (as 

adjusted) and Class I price in the Boston milk 

marketing order for the applicable month

The $16.94 price will be adjusted by percentage that 

National Average Dairy Feed Rations Cost exceeds $7.35/

cwt for any month for period from Jan 1, 2008-Aug 31, 

2012. Target cost of feed rations increases to $9.50/cwt 

beginning Sept 1, 2012.

Producers, on an operation-by-operation basis, could 

receive payments on no more than 2.4 million lbs of milk 

marketed per year. Producers could not reorganize dairy 

operations for sole purpose of receiving additional 

payment. Payment quantity for a producer equaled 

quantity of eligible production marketed by producer during 

the month.

Specifies cap on milk marketed that is eligible for payments 

for 3 specific periods:

● For Oct 1, 2007-Sept 30, 2008, 2.4 million lbs for 

the fiscal year

● For Oct 1, 2008-Aug 31, 2012, 2.985 million lbs for 

each fiscal year

● Beginning Sept 1, 2012, 2.4 million lbs for each 

fiscal year

Dairy Indemnity Program

Previous Legislation 2008 Farm Bill 

Authorized Secretary to make indemnity payments to dairy 

farmers who were directed to remove milk from the market 

due to presence of chemical residues.

Reauthorizes program. 

Dairy Forward Pricing Program

Previous Legislation 2008 Farm Bill 

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2008 Farm Bill Side-by-Side: Title I: Commodity Programs

Consolidated Appropriations Act of 2000 amended 

Agricultural Marketing Agreement Act of 1937 to mandate 

implementation of a Dairy Forward Pricing Pilot Program 

through Dec 31, 2004.

Required Secretary to study the program to determine 

effects of forward pricing on milk prices paid to producers 

in the U.S. (See A Study of the Dairy Forward Pricing Pilot 

Program and Its Effect on Prices Paid Producers for Milk 

and Economic Effects of U.S. Dairy Policy. )

Establishes permanent program under which milk 

producers and cooperative associations of producers are 

authorized to enter voluntarily into forward price contracts 

with milk handlers. A milk handler may not require 

participation in a forward price contract as a condition of 

accepting milk from a producer or cooperative. A producer 

or cooperative association that does not enter into a 

forward price contract may continue to have milk priced 

under the minimum payment provisions of the applicable 

milk marketing order. No forward price contract under this 

section may be entered into after Sept 30, 2012 or extend 

beyond Sept 30, 2015.

Mandatory Reporting of Dairy Commodities

Previous Legislation 2008 Farm Bill 

No similar provision. Subject to availability of funds, requires Secretary to 

establish an electronic reporting system for mandatory 

reporting of dairy commodities information. These reports 

are to be audited quarterly.

Dairy Export Incentive Program (DEIP) subsidizes exports of U.S. dairy products, requiring CCC to make 

payments, on a bid basis, to an entity that exports U.S. dairy products.

Previous Legislation 2008 Farm Bill 

Extended DEIP to 2007. Secretary was required to 

authorize subsidies sufficient to export maximum volume 

of dairy products allowable under Uruguay Round-GATT

(UR-GATT), subject to UR-GATT (later World Trade 

Organization) funding limits. DEIP was to be used for 

market development purposes.

Extends DEIP, with added emphasis on maximum use of 

program consistent with U.S. multilateral trade agreement 

obligations.

National Dairy Promotion and Research Program (NDPRP) and National Fluid Milk Processor 

Promotion Program (NFMPPP) are funded by checkoffs to promote demand for milk and dairy products. 

Farmers fund NDPRP and fluid milk processors fund NFMPPP.

Previous Legislation 2008 Farm Bill 

Amended NDPRP authorizing language (Dairy Production 

and Stabilization Act of 1983) to require assessment and 

collection of a payment at rate of $0.15/cwt for imported 

dairy products. However, USDA did not implement the 

import assessment.

Extends programs with revisions:

● changes "definition" of the U.S. to include the 50 

States, Puerto Rico, and District of Columbia

● authorizes expenditures to develop foreign markets

● authorizes assessment and collection of a payment 

on imported dairy products at a rate of $0.075/cwt 

under regulations determined by Secretary

Extended NFMPPP authorization (Fluid Milk Promotion Act 

of 1990).

Retains provision.

Studies of Dairy Policy and Marketing Orders

Previous Legislation 2008 Farm Bill 

Required Secretary to conduct studies of effects of changes 

in national dairy policy and fluid milk identity standards:

● address effects of terminating milk price support 

and supply management programs, and impacts of 

cooperative efforts with States to manage milk 

prices and supplies (see Economic Effects of U.S. 

Dairy Policy )

● assess effects of requiring a minimum protein 

content for fluid milk commensurate with average 

nonfat solids content of bovine milk (see Raising the 

Minimum Nonfat Solids Standard to the National 

Average in Raw Milk: A Study of Fluid Milk Identity 

Within 90 days, Secretary must submit to House 

Committee on Agriculture and Senate Committee on 

Agriculture, Nutrition, and Forestry a report on USDA 

procedures for reporting nonfat dry milk prices and the 

impact of these procedures on Federal milk marketing 

order minimum prices during period July 1, 2006 to date of 

enactment of 2008 Act.

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2008 Farm Bill Side-by-Side: Title I: Commodity Programs

Standards )

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Provision name:

Administration

Uruguay Round Compliance. Uruguay Round Agreement on Agriculture puts a maximum allowable level on 

trade-distorting domestic support programs as measured by the aggregate measurement of support (AMS). 

The ceiling on U.S. AMS support declined from $23.1 billion in 1995 to $19.1 billion in 2000. The $19.1-billion 

ceiling continues until a new WTO agreement is reached.

Previous Legislation 2008 Farm Bill 

If Secretary determined that AMS ceiling would be 

exceeded, Secretary was required, to the maximum extent 

practicable, to adjust expenditures for Title I programs to 

avoid exceeding allowable levels.

Before making any adjustments, Secretary was required to 

submit a report to Congress on adjustments to be made.

No change.

Permanent Law refers to those basic laws that would be in force to authorize various agricultural programs in 

absence of all temporary amendments (farm acts).

Previous Legislation 2008 Farm Bill 

Maintained permanent law and temporarily suspended 

provisions of basic laws through CY 2002: Agricultural 

Adjustment Act of 1938 and Agricultural Act of 1949.

Maintains permanent law and temporarily suspends 

provisions of basic laws through CY 2012: Agricultural 

Adjustment Act of 1938 and Agricultural Act of 1949.

Payment Limits and Income Eligibility See Additional Information >>

Previous Legislation 2008 Farm Bill

Commodity Program Limits

Previous Legislation 2008 Farm Bill 

Limited marketing loan benefits to $75,000. Certificate 

gains were not included in marketing loan payment limit. 

Peanuts, wool, mohair and honey were subject to a 

separate $75,000 payment limit for marketing loan 

benefits.

Eliminates payment limits on marketing loan benefits and 

loan deficiency payments. 

Continued payment limit at $40,000/person for direct 

payments.

For direct payments, limit is $40,000/person, excluding 

peanuts. Direct payments limit is reduced for participants 

in average crop revenue election (ACRE) program.

Set limit of $65,000/person for counter-cyclical 

payments.

For counter-cyclical payments, limit is $65,000/person, 

excluding peanuts. For ACRE participants, sum of 

counter-cyclical payments and ACRE payments is limited 

to $65,000 plus reduction in the direct payment limit.

Peanuts were subject to separate limits for direct 

payments ($40,000) and counter-cyclical payments 

($65,000).

Maintains separate limits for peanuts for direct payments 

($40,000) and counter-cyclical payments ($65,000).

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2008 Farm Bill Side-by-Side: Title I: Commodity Programs

To be to be eligible for a payment:

● individual or entity must have been actively 

engaged in farming

● person must have made a significant contribution 

in the form of capital, equipment, land, personal 

labor or active personal management to the 

farming operation

● contributions of the person must haven been at 

risk 

Retains eligibility provision. 

As long as 1 spouse is determined to be actively 

engaged, other spouse is also considered to be actively 

engaged and is eligible for payments.

Attribution of Benefits

Previous Legislation 2008 Farm Bill 

An individual farmer could receive up to twice maximum 

payment per year in total contract payments and 

marketing loan gains on 3 separate farming operations 

(a full payment on first operation and up to a half 

payment for each of 2 additional entities). Referred to as 

3-entity rule.

Repeals 3-entity rule.

Total amount of payments must be attributed (linked) to 

a person, by taking into account direct and indirect 

ownership interests of the person in a legal entity. Every 

payment made directly to a person is combined with that 

person's pro rata interests in payments received by a 

legal entity in which the person has an ownership 

interest, and every payment made to a legal entity is 

attributed to those persons with an ownership interest in 

the entity. Payments made to legal entities are to be 

traced through 4 levels of ownership in the entities, and 

includes a framework for attribution of payments to 

individuals.

Adjusted Gross Income Limitation

Previous Legislation 2008 Farm Bill 

Producers with adjusted gross income of over $2.5 

million, averaged over previous 3 years, were not eligible 

for direct and counter-cyclical payments, marketing loan 

benefits, and Title II (conservation) payments unless 

75% or more of adjusted gross income was from 

farming, forestry, or agriculture.

For direct payments, a person or legal entity with 

adjusted farm gross income of over $750,000, averaged 

over previous 3 years, is not eligible. 

For direct payments, counter-cyclical payments, average 

crop revenue election, marketing loan gains or loan 

deficiency payments, noninsured crop assistance, milk 

income loss contract program payments, or disaster 

assistance payments or benefits, a person or entity with 

average adjusted gross nonfarm income in excess of 

$500,000 is not eligible. 

For conservation, supplemental agricultural disaster 

assistance, and agricultural-risk-management assistance, 

producers with adjusted nonfarm gross income, averaged 

over 3 years, of over $1 million are not eligible unless 

66.66% or more of total income is average adjusted 

gross farm income.

A husband and wife may allocate income as if they had 

filed separate returns.

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2008 Farm Bill Side-by-Side: Title I: Commodity Programs

Secretary determined income from farming, ranching, or 

forestry.

Income to be included in portion of average adjusted 

gross income derived from farming, ranching, or forestry 

includes: 

● production of crops, livestock, or unfinished raw 

forestry products 

● sale, including sale of easements and 

development rights, of farm, ranch, or forestry 

land, water, or hunting rights 

● rental of land used for farming, ranching, or 

forestry operations 

● production of farm-based renewable energy 

● processing, storing, and transporting of farm, 

ranch, and forestry commodities, including 

renewable energy 

● sale of land that has been used for agriculture

If more than 66.66% of adjusted gross income is from 

farming, ranching, or forestry operations, then average 

adjusted gross income also includes farm, ranch, and 

forestry equipment sales and income from providing 

production inputs to farmers, ranchers, foresters, and 

farm operations.

Tracking of Benefits

Previous Legislation 2008 Farm Bill 

Required Secretary to establish procedures to track 

benefits provided, directly or indirectly, to individuals and 

entities under Titles I and II. Payment data released under 

these provisions is referred to as Section 1614 data.

Secretary may track benefits provided, directly or 

indirectly, to individuals and entities under Titles I and II.

Cotton Price Forecasting

Previous Legislation 2008 Farm Bill 

Agricultural Marketing Act of 1929 prohibited any 

prediction with respect to cotton prices from issuance or 

inclusion in any government report, bulletin, or other such 

publication.

Repeals restriction.

Conservation Compliance

Previous Legislation 2008 Farm Bill 

To remain eligible for specified program benefits, farmers 

cropping highly erodible land were required to implement 

an approved conservation plan (highly erodible land 

conservation provisions or sodbuster). Producers had to be 

in compliance with wetland conservation provisions 

(swampbuster).

Retains provision. See Title II, Compliance Mechanisms.

Hard White Wheat Development Program

Previous Legislation 2008 Farm Bill 

Total of $20 million from CCC was used during 2003-05 to 

provide incentive payments to growers to plant hard white 

wheat (HWW). To qualify, producer had to meet minimum 

quality criteria and demonstrate availability of a market for 

the HWW to be produced. Incentive payments were limited 

to 2 million acres or equivalent volume of production.

Authorizes, subject to appropriations, up to $35 million for 

FY 2009-12 to establish a hard white wheat development 

program to promote HWW as a viable market class of 

wheat in the U.S. by encouraging production of at least 240 

million bu by 2012. Payments may not be less than $0.20/

bu or less than $2/acre for planting eligible HWW seed.

Durum Wheat Quality Program

Previous Legislation 2008 Farm Bill

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2008 Farm Bill Side-by-Side: Title I: Commodity Programs

No similar provision. Authorizes, subject to appropriations, up to $10 million/

year in FY 2009-12 to compensate producers of durum 

wheat in an amount not to exceed 50% of actual cost of 

fungicides they apply to a crop of durum wheat to control 

Fusarium head blight (wheat scab).

Quality Incentive Payments for Covered Oilseed Producers

Previous Legislation 2008 Farm Bill

No similar provision. Authorizes, subject to appropriations, in FY 2009-12 to 

provide quality incentive payments for production of 

oilseeds with specialized traits that enhance human health.

Storage Facility Loan Program

Previous Legislation 2008 Farm Bill 

No similar provision. Establishes a storage facility loan program to provide funds 

for producers of storable commodities (other than sugar) to 

construct or upgrade storage and handling facilities. Each 

loan is limited to $500,000 with a maximum term of 12 

years.

Information Gathering

Previous Legislation 2008 Farm Bill 

No similar provision. Requires Secretary to ensure that all geospatial data of 

USDA agencies are portable and standardized.

Prohibits disclosure of certain agricultural producer and 

landowner-provided information or certain geospatial 

information obtained by USDA, with exceptions for 

authorized disclosures, disclosures of payment information, 

disclosures in aggregate or statistical form, or disclosure 

pursuant to consent of agricultural producer or landowner.

Geographically Disadvantaged Farmers and Ranchers

Previous Legislation 2008 Farm Bill 

No similar provision. Authorizes, subject to appropriations, Secretary to spend 

up to $15 million/fiscal year to establish new program to 

provide geographically disadvantaged farmers and ranchers 

direct reimbursement payments to cover cost to transport 

agricultural commodities or inputs used to produce 

agricultural commodities.

Back to top of page >>

For more information, contact: Farm policy team

Web administration: webadmin@ers.usda.gov

Updated date: November 20, 2008 

 

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http://www.ers.usda.gov/FarmBill/2008/Titles/TitleIcommodities.htm (22 of 22) [11/25/2008 2:33:58 PM]
 You are here: Home / Farm Bill Resources / 2008 Farm Bill Side-By-Side / Title II: Conservation 

2008 Farm Bill Side-By-Side 

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Title II: Conservation

Emphasizes conservation on working land by increasing funding 

for Environmental Quality Incentives Program and new 

Conservation Stewardship Program (successor to the Conservation 

Security Program). Reduces Conservation Reserve Program 

acreage cap to 32 million acres beginning on Oct 1, 2009. 

Continues emphasis on wetland restoration and farmland 

preservation with expansion of Wetland Reserve Program, 

Farmland Protection Program, and Grassland Reserve Program.

List of Key Provisions:

See Additional Information >>

Compliance Mechanisms

Highly Erodible Land Conservation (Conservation Compliance/Sodbuster) | Wetland Conservation 

(Swampbuster) | Crop Insurance and Noninsured Disaster Program Ineligibility

Conservation Reserve and Wetland Reserve Programs

Conservation Reserve Program (CRP) | Wetlands Reserve Program (WRP)

Working Land Programs

Environmental Quality Incentives Program (EQIP) | Conservation Stewardship Program (CSP) | Wildlife 

Habitat Incentives Program (WHIP) | Conservation of Private Grazing Lands (CPGL) | Agricultural 

Management Assistance Program (AMA) | Emergency Conservation Program (ECP)

Technical Assistance (TA)

Conservation Technical Assistance (CTA) | Delivery of Technical Assistance

Agricultural Land Preservation Programs 

Farmland Protection Program (formerly Farm and Ranchland Protection Program, FRPP) | Grassland 

Reserve Program (GRP)

Watershed Programs

Chesapeake Bay Watershed Conservation Program | Small Watershed Rehabilitation Program | Resource 

Conservation and Development Program (RC&D) | Great Lakes Basin Program for Erosion and Sediment 

Control | Grassroots Source Water Protection Program | Desert Terminal Lakes | Conservation Corridor 

Demonstration Program

Market-Based Incentives for Conservation

Promotion of Conservation through Environmental Services Markets

● Introduction

● Title I: Commodities

● Title II: Conservation

● Title III: Trade

● Title IV: Nutrition

● Title V: Credit

● Title VI: Rural Development

● Title VII: Research

● Title VIII: Forestry

● Title IX: Energy

● Title X: Hort & Organic Ag

● Title XI: Livestock

● Title XII: Crop Insurance

● Title XIII: Commodity Futures

● Title XIV: Miscellaneous

● Title XV: Trade & Taxes

● 

● Provisions for Traditionally 

Underserved Groups

2008 Farm Bill Side-By-Side: Title II: Conservation

http://www.ers.usda.gov/FarmBill/2008/Titles/TitleIIConservation.htm (1 of 20) [4/15/2009 3:57:27 PM]
2008 Farm Bill Side-By-Side: Title II: Conservation

Cross-Program Provisions

Regional Equity | Partnerships and Cooperation | Voluntary Public Access and Habitat Incentive Program | 

Conservation Access | Streamlined Application | Incentives for Certain Farmers and Ranchers and Indian 

Tribes | Acreage Limitations | Compliance and Performance | Encouragement of Pollinator Habitat 

Development and Protection | Adjusted Gross Income Limitation

Miscellaneous Conservation Programs and Provisions

Privacy of Personal Information | Agricultural Conservation Experienced Service Program (ACES) | 

Amendments to Soil and Water Resources Conservation Act (RCA) of 1977 | Basin States Program

Browse A-Z List of Provisions 

● ERS Resources

● User's Guide

● A-Z List of Provisions

● List of Provisions by Title

● Background Publications

● Farm Policy Glossary

● Previous Farm Bills

● Related Links

● Download the 2008 Farm 

Bill (1.65MB)

● USDA Farm Bill Site

Provision name:

Compliance Mechanisms can deny certain farm program benefits to producers who fail to meet applicable 

conservation requirements 

Highly Erodible Land Conservation (Conservation Compliance/Sodbuster) 

Previous Legislation 2008 Farm Bill 

To maintain eligibility for certain farm program benefits, 

required producers to apply approved conservation system 

on highly erodible land in crop production. Secretary of 

Agriculture could not delegate authority to private person 

or entity to make compliance determination.

Retains provision.

If Secretary determined producers acted in good faith and 

without intent to violate the law, Secretary could allow up 

to 1 year to implement practices necessary to be 

considered "actively applying" approved conservation 

system. Secretary could impose penalties of $500 to 

$5,000, commensurate with seriousness of violation.

Determination of "good faith and without intent to violate 

the law" to be reviewed by USDA's State Executive Director 

(Farm Services Agency, FSA) with technical concurrence of 

State Conservationist (Natural Resources Conservation 

Service, NRCS) or by district director (FSA) with technical 

concurrence of area conservationist (NRCS). Secretary can 

impose penalties commensurate with seriousness of 

violation.

Wetland Conservation (Swampbuster)

Previous Legislation 2008 Farm Bill 

Producers who drained wetland to make it ready for crop 

production could be denied certain farm program benefits. 

Secretary could not delegate authority to private person or 

entity to make compliance determination.

Retains provision.

Secretary could waive person's ineligibility and allow up to 

1 year to be actively applying practices to restore wetlands 

if Secretary determined that person had acted in good faith 

and without intent to violate the law. 

Determination of "good faith and without an intent to 

violate the law" to be reviewed by USDA's State Executive 

Director (FSA) with technical concurrence of State 

Conservationist (NRCS) or by district director (FSA) with 

technical concurrence of area conservationist (NRCS).

Crop Insurance and Noninsured Disaster Program Ineligibility for crops grown on native sod. See Title 

XII, Program Administration and Integrity for crop insurance limitations and Other Risk Management Provisions

for NAP limitations.

Back to top of page >>

Provision name:

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2008 Farm Bill Side-By-Side: Title II: Conservation

Conservation Reserve and Wetland Reserve Programs, including 

Conservation Reserve Program (general signup, continuous signup, CRP 

Farmable Wetlands Program, and Conservation Reserve Enhancement Program) 

and Wetlands Reserve Program.

See Additional Information >>

Conservation Reserve Program (CRP) offers annual rental payments and cost-share assistance to farmers 

to establish long-term conserving covers (e.g., grass and trees) on eligible land. Contracts are for minimum of 

10 years and maximum of 15 years.

Previous Legislation 2008 Farm Bill

Capped CRP area at 39.2 million acres. As of April 2008, 

total enrollment was 34.7 million acres.

Authorizes program through fiscal year (FY) 2012. Caps 

program area at 32 million acres starting on Oct 1, 2009.

Program purposes now explicitly recognize "addressing 

issues raised by State, regional, and national conservation 

initiatives."

Land was eligible if it met 1 or more of following criteria:

● Highly erodible cropland that was cropped in 4 of 6 

years prior to 2002

● could contribute to onsite or offsite environmental 

threat to soil, water, or air quality

● was included in expiring CRP contract

● was considered cropped wetland

● was associated with or surrounding noncropped 

wetlands

● was devoted to highly beneficial environmental 

practice (e.g., filter strips)

● was subject to scour erosion

● was located in national or State CRP conservation 

priority areas

● was marginal pastureland in riparian areas

Certain marginal pastureland that was enrolled in Water 

Bank Program was also eligible.

Modifies eligibility requirements:

● land cropped in 4 of 6 years prior to 2008 (rather 

than 2002)

● alfalfa and other multi-year grasses and legumes in 

a rotation practice, approved by Secretary, are to 

be considered agricultural commodities

● clarifies that alfalfa grown in approved rotation 

practice is to be considered an agricultural 

commodity and can be used to fulfill requirement 

that eligible land be cropped in 4-of-6 previous 

years 

Secretary could have used different criteria in different 

States and regions for determining acceptability of CRP 

offers. Criteria were to be based on extent to which water 

quality or wildlife habitat could have been improved, 

erosion abated, or other environmental benefits provided.

Adds local preference criterion. To maximum extent 

practicable, program should accept offer from owner or 

operator who is resident of county (or contiguous county) 

where land is located, provided land provides at "least 

equivalent conservation benefits to land under competing 

offers."

Acreage limitations required no more than 25% of county's 

cropland could be enrolled in CRP and WRP. Limit could 

have been waived provided action would not adversely 

affect local economy, or if operators in county were having 

difficulties complying with conservation plans. About 100 

counties exceeded the limit, typically by less than 5%.

Adds additional authority to waive cropland limit in cases 

limited to continuous or CREP enrollment provided that 

county government agrees.

Administrative changes allowed holders of CRP contracts 

set to expire during 2007-10 to opt to re-enroll or extend 

their contracts. Contracts with highest Environmental 

Benefits Index (EBI) scores could have been re-enrolled 

under new 10- or 15-year contracts. On contracts with 

lower EBI, holders could opt for extensions of 2, 3, 4, or 5 

years.

Retains authority.

Rental payments authorized to be paid at amount 

necessary to encourage participation. FSA sets offer 

specific bid maximums based on available county average 

cropland rental rates, adjusted for field-specific agricultural 

productivity.

Requires Secretary to annually survey county average 

dryland and irrigated market rental rates. 

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2008 Farm Bill Side-By-Side: Title II: Conservation

Allowed managed haying and grazing (including harvest of 

biomass) and placement of wind turbines (with 

commensurate reduction in payment) at Secretary's 

discretion if consistent with conservation of soil, water 

quality, and wildlife habitat.

Adds new authority for routine grazing. Frequency of 

routine grazing is decided by local resource conditions. 

Adds prescribed grazing for control of invasive species as 

permissible activity.

No similar provision. For trees, windbreaks, shelterbelts, and wildlife corridors, 

permits cost-share payments for thinning to improve 

condition of resources on the land. Authorizes $100 million 

in funding for FY 2009-12 for these cost share payments.

No similar provision. Special treatment of CRP land transitioning from retiring 

farmer or rancher to beginning or socially disadvantaged 

farmer or rancher includes:

● beginning 1 year prior to contract termination date, 

allow new farmer or rancher to make land 

improvements and begin organic certification process

● new farmer must develop and implement 

conservation plan

● provide new farmer opportunity to enroll in 

Conservation Stewardship Program and 

Environmental Quality Incentives Program

● allow them to re-enroll certain partial field 

conservation practices

● requires landowner to sell CRP land to beginning or 

socially disadvantaged farmer on contract 

termination date

● retiring farmer may receive up to 2 years of 

additional payments

Authorizes $25 million in funding for FY 2009-12 to 

facilitate these transitions.

CRP: General Signup for whole fields or whole farms.

Previous Legislation 2008 Farm Bill

General signup enrollment was competitive; applications 

were ranked for acceptance using EBI. Applicants could 

improve their EBI score by offering to accept annual 

payments below field-specific maximum rate, 

establishing land cover that was better wildlife habitat (e.

g., mixtures of native grasses are better than 

monocultures), or waiving cost-share on cover 

establishment costs.

Retains authority.

CRP: Continuous Signup for high-priority practices.

Previous Legislation 2008 Farm Bill

Counted acres enrolled under continuous signup toward 

overall CRP acreage cap. As of April 2008, continuous 

(non-CREP, non-FWP) signup enrollment was 2.7 million 

acres.

High-priority practices included riparian buffers, filter 

strips, and grass waterways. Since 2002, new practices 

eligible for continuous signup initiatives included Upland 

Bird Habitat, Bottomland Hardwood Trees, Longleaf Pine, 

and Prairie Pothole Duck Nesting habitat. Several 

wetland and floodplain practices that were no longer 

recognized in general signups could be enrolled in 

continuous signups.

Producers offering eligible acreage were enrolled without 

competition and at times other than designated signup 

periods. Moreover, annual payment/acre was over twice 

per-acre payment for whole-field or whole-farm general 

signup enrollments.

Continues authority for continuous signup.

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2008 Farm Bill Side-By-Side: Title II: Conservation

Most contracts involved only small proportion of field, 

but whole field could have been enrolled when more than 

50% of field was eligible (for continuous signup CRP) and 

when farming was infeasible on remainder of field. 

Limited payments on remaining (noneligible) acreage to 

general signup rates.

CRP: Conservation Reserve Enhancement Program (CREP) is joint State-Federal program that 

targets specific agriculture-related environmental problems that are significant at State or national level.

Previous Legislation 2008 Farm Bill

CREP operated administratively under general CRP 

program authority. Acres enrolled under CREP counted 

toward overall CRP acreage cap. As of April 2008, 1.1 

million acres were enrolled in 31 States.

Enrollment included whole fields or partial fields with 

high-priority practices targeted to specific locations 

within designated CREP areas.

Producers offering eligible acreage could be enrolled 

without competition, at times other than designated 

signup periods, and at rates that were higher than 

maximum per-acre payment for general signup 

enrollment.

Continues authority for CREP.

CRP: Farmable Wetlands Program (FWP) allows enrollment of farmed wetland acres in CRP.

Previous Legislation 2008 Farm Bill

Limited enrollment in this pilot program to total of 1 

million acres (part of overall CRP acreage cap) and to 

100,000 acres in any 1 State. State limits could be 

increased to 150,000 acres following review of 

enrollment by Secretary. As of April 2008, 180,000 acres 

were enrolled.

Extends program through FY 2012.

Upon review by Secretary, maximum acreage/State may 

be increased to 200,000 acres.

Limited eligibility to land that was cropped during at 

least 3 of immediately preceding 10 crop years, and 

contiguous buffer acreage used to protect the wetland.

Expands land eligibility to include:

● land on which constructed wetland is to be 

developed that will receive flow from row-crop 

agriculture drainage system and is designed to 

provide nitrogen removal in addition to other 

wetland functions

● land that was devoted to commercial pond-raised 

aquaculture in any year during calendar years 

2002-07

● intermittently flooded land provided land had 

cropping history in 3 years between 1990 and 

2002 and was subject to natural overflow of 

prairie wetland

Expands buffer acreage to include land that enhances 

wildlife benefits (in terms of appropriate mix of upland 

and wetland, as determined by Secretary).

Wetland acres were to be enrolled through continuous 

signup similar to that for other high-priority conservation 

practices. Payments were commensurate with those 

provided to landowners who enroll filter strips in CRP 

continuous signup.

Retains provision.

On single tract of land, limited enrollment to 10 

contiguous wetland acres and 30 acres of contiguous 

buffer.

Sets maximum of 40 contiguous wetland acres/tract. 

However, "flooded farmland" (that meets 1990-2002 

cropping history test) to have 20-acre limit. Participants 

must refrain from commercial use of the land (newly 

added participant duty).

CRP: Emergency Forestry Conservation Reserve Program 

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2008 Farm Bill Side-By-Side: Title II: Conservation

Previous Legislation 2008 Farm Bill

Established in 2006 (as part of Department of Defense, 

Emergency Supplemental Appropriations to Address 

Hurricanes in Gulf of Mexico, and Pandemic Influenza 

Act), program authorized $404 million for CRP pilot 

project for merchantable timber losses on private 

nonindustrial forests. Owners of land must have 

experienced loss of at least 35% of merchantable timber.

USDA selected producers for enrollment on continuous 

basis using benefit index for ranking offers. Periodically, 

FSA picked highest ranked offers for development of 

conservation plan and contract.

As of April 2008, 180,000 acres were enrolled.

Continues authorization for program.

Self Employment Taxes for CRP Payments. See Title XV, Exclusion of Conservation Reserve Program 

Payments from SECA (Self-Employment Contributions Act) Tax for Certain Individuals. 

Wetlands Reserve Program (WRP) enables Secretary to purchase long-term or permanent easements and 

provide cost sharing to producers who agree to restore wetland on agricultural land. Restoring wetlands 

wildlife habitat is a priority.

Previous Legislation 2008 Farm Bill

Capped WRP area at 2.275 million acres. Through FY 2007, 

1.947 million acres were enrolled.

Raises WRP area cap to 3.041 million acres through FY 

2012.

Wetlands could be restored through permanent easements, 

30-year easements, restoration cost-share agreements, or 

any combination of these options. Easement payments 

were based on agricultural value of land prior to 2005. 

Subsequently, they have been based on market value of 

land.

Retains provisions. Adds 30-year contract for Indian tribes. 

Prohibits enrollment of land if ownership has changed 

during previous 7 years with certain exceptions.

Acreage limitations required total WRP and CRP acreage 

not exceed 25% of county's farmland acreage.

Retains and expands acreage limitations to require that in 

addition to overall cap, WRP easements are not to exceed 

10% of county's farmland acreage.

Eligibility included farmed wetlands or land that was 

previously converted from wetland to farmland, and buffer 

acreage adjacent to wetlands. Lands converted from 

wetland to agricultural production after Dec 23, 1985, were 

not eligible for WRP enrollment.

Expands eligible land in WRP to include cropland or 

grassland that was used for agricultural production prior to 

flooding from natural overflow of closed basin lake or 

pothole.

Secretary determined acceptability of easement offers 

based on:

● extent to which purposes of easement program 

would be achieved

● productivity of the land

● on-farm and off-farm environmental threats of 

using land for agricultural production

In addition, when evaluating landowner offers, Secretary 

may consider: 

● environmental benefits 

● cost-effectiveness with goal of maximizing benefits 

relative to costs 

● whether landowner offers to contribute financially to 

cost of easement 

Consideration to be given to likelihood of success of 

easement, offsite environmental benefits, and damages 

avoided by wetland restoration.

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2008 Farm Bill Side-By-Side: Title II: Conservation

For easements, compensation was not to exceed fair 

market value of land less fair market value encumbered by 

easement. Compensation could be provided in not less 

than 5, nor more than 30, annual payments of equal or 

unequal size, as agreed to by owner and Secretary.

Easement payments are not to exceed lowest of:

● fair market value of land, as determined by 

Secretary using appraisal or area-wide market 

analysis or survey

● geographical cap, as determined by Secretary

● offer made by landowner

Easements greater than $500,000 are to be paid in 5 to 30 

annual installments, unless Secretary grants waiver 

allowing lump-sum payment, to further purposes of 

program. Easements of less than $500,000 will continue to 

be paid in 1 to 30 installments.

Limits total restoration cost-share payments to $50,000 

annually to an individual or legal entity, directly or 

indirectly. 

No similar provision. Creates Wetland Reserve Enhancement Program that 

allows States (including political subdivision or agency of 

State), nongovernmental organizations, or Indian tribes to 

partner with USDA in selection and funding of contracts, as 

long as selected contracts meet purposes of WRP. WREP 

includes pilot program that allows landowners to retain 

grazing rights when consistent with long-term wetland 

enhancement and protection goals. 

No similar provision. Requires Secretary to submit report, no later than Jan 1, 

2010, that evaluates implications of long-term nature of 

easements on USDA resources. Report to include data on:

● number and location of easements

● assessment of impacts that oversight of agreements 

has on resources, including technical assistance

● assessment of uses and values of agreements with 

partner organizations

● any other information relevant to program costs and 

impacts

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Provision name:

Working Land Programs, including Environmental Quality Incentives Program, Conservation Stewardship 

Program, Wildlife Habitat Incentive Program, and others provide financial and technical assistance to improve 

conservation effort on lands in production.

Environmental Quality Incentives Program (EQIP) provides technical 

assistance, cost-share payments, and incentive payments to assist crop and 

livestock producers with environmental and conservation improvements on 

land used for agricultural production.

See Additional Information >>

Previous Legislation 2008 Farm Bill 

EQIP funding was $4.92 billion for FY 2002-07. Subject to 

Regional Equity provision.

Mandates Commodity Credit Corporation (CCC) funding of 

$7.325 billion for FY 2008-12. Subject to conservation 

access provision requiring 5% of funds be made available 

for beginning farmers and another 5% for socially 

disadvantaged producers. Continues to be subject to 

Regional Equity provision.

Purpose was to promote agricultural production and 

environmental quality as compatible goals and to optimize 

environmental benefits.

Revises purpose to "promote agricultural production, forest 

management, and environmental quality as compatible 

goals."

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2008 Farm Bill Side-By-Side: Title II: Conservation

Nearly all types of agricultural land were eligible for EQIP, 

but 60% of funding was set aside for livestock producers. 

Eligibility of livestock farms was no longer limited by 

number of animal units.

Retains provision.

No similar provision. Conservation practices related to organic production and 

transition are now eligible, but payments to producers or 

entities are limited to $20,000 annually and $80,000 over 

6-year period. 

Participants were required to develop conservation plan

stating intended practices and describing environmental 

purposes. Confined livestock feeding operations also had to 

prepare comprehensive nutrient management plan.

Retains provision.

Contracts were for 1-10 years. Contract length is unchanged.

Cost sharing for most structural and vegetative practices 

was at 50% rate, but cost sharing could be as high as 75% 

(90% for limited-resource or beginning farmer or rancher). 

Land management practices and comprehensive nutrient 

management plans were eligible for 3 years of incentive 

payments in amounts necessary to induce adoption.

Extends cost sharing to include land or forest management 

practices and development of conservation or 

comprehensive nutrient management plans. Limits 

payments for any practice to 75% of practice costs and 

100% of income foregone from practice installation. 

Beginning, limited-resource or socially disadvantaged 

farmers or ranchers are eligible for cost-share rates at least 

25% above otherwise applicable rates (up to 90%) and 

advance payments of up to 30%.

EQIP payments were not subject to annual limit, but were 

limited to $450,000 for any individual or entity, directly or 

indirectly, during any 6 year period.

Limits EQIP payments in aggregate to $300,000/person or 

legal entity during any 6-year period. For projects of 

special environmental significance, Secretary may allow 

payments up to $450,000 during any 6-year period.

Criteria for ranking program applications included national 

conservation priorities and cost-effectiveness of practices. 

Removed provision that allowed applicants to be assigned 

higher priority if producer offered to accept lower 

payments ("bidding down" option) and precluded 

prioritizing on basis of least cost.

Additional ranking criteria include how comprehensively 

project addresses resource issues, and whether it improves 

or completes conservation system. To extent practical, 

similar crop and livestock applications are to be grouped for 

evaluation purposes. Maintains "bidding down" prohibition 

on prioritizing on basis of least cost.

Conservation Innovation Grants

Previous Legislation 2008 Farm Bill 

EQIP funds could provide grants to stimulate innovative 

approaches to leveraging Federal investment in 

environmental enhancement and protection in 

conjunction with agricultural production. Grants were to 

be awarded on competitive basis, to governmental and 

nongovernmental organizations, Tribes, and other 

persons for innovative projects involving producers, such 

as market-based pollution credit trading, adoption of 

best management practices, and carbon sequestration. 

Capped Federal share of project cost at 50%.

Adds forest management as activity eligible for grant 

funds. Projects that increase conservation efforts by 

producers of specialty crops also eligible for funding. 

Federal share no longer capped at 50%.

Provides payments to producers using innovative 

technologies and cost-effective methods to address air 

quality. Sets aside $37.5 million of EQIP funds annually 

in FY 2009-12 for projects addressing air-quality 

concerns.

Agricultural Water Enhancement Program (formerly Ground and Surface Water Conservation (GSWC) 

Program)

Previous Legislation 2008 Farm Bill

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2008 Farm Bill Side-By-Side: Title II: Conservation

Provided $340 million in CCC funding for FY 2002-07 to 

be used for ground and surface water conservation. 

Included were cost-share payments, incentive payments, 

and loans for eligible water conservation activities.

Additional $61 million in CCC funding was allocated to 

water conservation activities in Klamath Basin.

Mandates $280 million in CCC funding for FY 2009-12. 

Expands purpose to include improving water quality on 

agricultural lands. In addition to signing contracts with 

individuals, Secretary can contract with partners 

including producer associations, State or local 

governments and Indian tribes to collectively address 

water quality or quantity concerns on regional basis.

Priority to be given to activities proposed by producers 

according to requirements under EQIP. Establishes 

criteria to be considered for prioritizing proposals from 

partners, and requires priority be given to partner 

proposals that include conversion of agricultural land to 

dryland farming, that provide some of their own funds, 

and that assist producers in States with water-quantity 

concerns, as determined by Secretary.

Payments to be in amounts sufficient to achieve program 

purposes. Payments can be made for 5 years under 

partner agreements in States with water-quantity 

concerns.

Conservation Stewardship Program (CSP) provides payments to producers for adopting or maintaining 

wide range of conservation management and land-based structural practices that address 1 or more resources 

of concern, such as soil, water, and wildlife habitat.

Previous Legislation 2008 Farm Bill

Predecessor program was Conservation Security Program. Replaces Conservation Security Program with new, but 

similar, Conservation Stewardship Program.

Existing Conservation Security Program contracts to 

continue as written, but no new contracts will be initiated 

after Sept 30, 2008. CCC funds, as necessary, to be 

available to fund these contracts.

Conservation Security Program funded through CCC as 

"capped" entitlement program, with program spending 

capped at $794 million for FY 2002-07. Limited annual 

enrollment to selected watersheds; total of 331 watersheds 

for FY 2002-07. If not all applications could be funded, 

applicants were ranked using category system based 

largely on producer stewardship.

Authorizes new Conservation Stewardship Program for FY 

2009-12. Enrollment of acreage into program is authorized 

through FY 2017. Directs Secretary to enroll 12.77 million 

acres/year at average cost of $18/acre/year, including 

financial assistance, technical assistance, and other 

expenses. Subject to conservation access provision 

requiring 5% of acres be made available for beginning 

farmers and another 5% of acres for socially disadvantaged 

producers.

All cropland and grazing land was eligible for Conservation 

Security Program enrollment, except:

● cropland must have been cropped in 4 of 6 years 

prior to 2002 

● land enrolled in CRP, WRP, or Grasslands Reserve 

Program was not eligible

All privately owned cropland and grazing land (including 

land under jurisdiction of Indian tribe) is generally eligible 

for enrollment, except:

● cropland must have been cropped in 4 of 6 years 

prior to 2008 (except land in long-term rotation) 

● land enrolled in CRP, WRP, or Grasslands Reserve 

Program is not eligible

Nonindustrial private forest land incidental to agricultural 

operation is also eligible but cannot account for more than 

10% of acres enrolled in any given year.

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No similar provision. Program acreage to be allocated to States based primarily 

on each State's proportion of total national eligible acres, 

but also taking into account;

● extent of conservation needs in each State 

● degree to which CSP can help address these needs

● other considerations in order to achieve equitable 

distribution of funds, as determined by Secretary 

Producers could participate at 1 of 3 tiers. Higher tiers 

required greater conservation effort but offered larger 

payments.

● Tier I: Producer had to address soil quality and 

water quality concerns on at least part of 

agricultural operation; contracts were for 5 years 

● Tier II: Producer had to address soil quality and 

water quality on entire operation and agree to 

address additional resource concern (e.g., wildlife 

habitat); contracts were for 5-10 years and could 

be renewed 

● Tier III: Producer had to fully address all resource 

concerns (e.g., soil quality, water quality, wildlife 

habitat, etc.) on entire operation; contracts were for 

5-10 years and could be renewed

Requires producer contract offers to include all eligible land 

within farm. At minimum, contract offers must:

● demonstrate that stewardship threshold is being 

met for at least 1 resource concern

● agree to address at least 1 priority resource concern 

by end of stewardship contract

Contract offers to be ranked for program enrollment 

according to:

● level of existing conservation treatment on all 

resource concerns present at time of CSP 

application, measured as much as possible using 

conservation measurement tools

● level of proposed treatment of priority resource 

concerns, measured as much as possible by 

conservation measurement tools 

● number of priority resource concerns that would be 

addressed to stewardship threshold

● extent to which other resource concerns would be 

addressed

● extent to which environmental benefits are provided 

at least cost (although producers cannot improve 

their rank by offering to take lower payment)

All Conservation Stewardship Program contracts to be 5 

years in length and can be renewed for 1 additional 5 year 

period if producer demonstrates compliance with contract 

terms and agrees to adopt new conservation activities, as 

determined by Secretary.

No similar provision. Requires Secretary to establish means for producers to 

initiate organic certification while participating in new CSP.

Requires Secretary to ensure that outreach and technical 

assistance are available to organic and specialty crop

producers and that program specifications are appropriate 

for participation of these producers.

Producers could receive 4 types of payment:

1) Annual Stewardship Payments based on tier level were 

percentage of local (county) average land rental for specific 

land use:

● 1.25% for tier I

● 5% for tier II

● 11.25% for tier III

2) Annual Existing Practice Payments (for maintenance of 

existing practices) were 25% of Stewardship Payment.

In Conservation Stewardship Program, payments to 

compensate producers for:

● installing and adopting additional conservation 

activities

● improving, maintaining, and managing conservation 

activities already in place

● adoption of resource-conserving crop rotations

Payment amounts are to be based on:

● cost of installing, adopting, or maintaining 

conservation activities

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2008 Farm Bill Side-By-Side: Title II: Conservation

3) New Practice Payments were up to 50% of cost of new 

conservation practices applied as part of CSP contract 

(65% for beginning and limited-resource producers).

4) Annual Enhancement Payments were based on adoption 

of additional conservation practices that:

● enhanced resources beyond basic conservation 

standards or 

● addressed local resource concerns 

Annual overall payments limits ranged from $20,000 (Tier 

1) to $45,000 (Tier III). Additional limits applied to specific 

payments and payment components.

● income forgone by producer

● expected environmental benefits as determined by 

conservation measurement tools.

Payments cannot be made for expenses associated with 

animal-waste storage or treatment facilities or related 

waste transport or transfer devices for animal feeding 

operations.

Total CSP payments to any 1 person or legal entity cannot 

exceed $200,000 during any 5-year period.

Wildlife Habitat Incentives Program (WHIP) provides technical assistance and cost sharing for 

development and improvement of wildlife habitat. 

Previous Legislation 2008 Farm Bill

WHIP expenditures for FY 2002-07 totaled $213 million. 

Subject to Regional Equity provision.

Reauthorizes WHIP through FY 2012 with CCC funding of 

$85 million/year. Continues to be subject to Regional 

Equity provision. 

Contracts were generally 5-10 years in length, depending 

on practices installed. Shorter term agreements could be 

used to meet wildlife emergencies.

No change. 

Up to 15% of available funding could be allocated for longterm agreements of 15 years or more that provide higher 

level of cost-share assistance to producer for lands with 

essential plant and animal habitat.

Increases funding cap on long-term agreements—providing 

higher levels of cost-share assistance for priority habitat 

land—to 25%.

No similar provision. Priority may be given to projects that address State, 

regional, and national conservation initiatives.

No similar provision. Limits individual annual payments under program to 

$50,000. 

Restricts participation to private agricultural land, 

nonindustrial private forest land, and tribal lands.

Conservation of Private Grazing Lands (CPGL) authorizes technical and educational assistance for 

conservation and enhancement of private grazing lands, including sustainable grazing practices such as 

rotational grazing.

Previous Legislation 2008 Farm Bill

Authorized appropriations of $60 million/year for FY 2002-

07, although funding was never appropriated.

Authorizes program through FY 2012. 

Agricultural Management Assistance Program (AMA) provides assistance to States found to be 

underserved by Federal crop insurance program.

Previous Legislation 2008 Farm Bill

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Provided $29.2 million in CCC funding for FY 2002-07. 

Producers in 15 designated States were eligible for financial 

assistance for range of risk reduction purposes, including 

practices that also protected natural resources through soil 

erosion control, integrated pest management, and organic 

farming.

Makes available up to $15 million annually in CCC funds for 

conservation programs. Level of producer interest in 

participating within the State is considered in determining 

specific funding allocations. Adds Hawaii to list of 

designated States where producers are eligible for financial 

assistance.

Allocates funding as follows:

● 50% through NRCS for various conservation 

practices

● 40% through Risk Management Agency for any riskreduction activities

● 10% for assistance in organic certification through 

USDA's Agricultural Marketing Service

Emergency Conservation Program (ECP) helps farmers to rehabilitate farmland damaged by natural 

disasters.

Previous Legislation 2008 Farm Bill

For FY 2002-07, total of $363 million was allocated to 

producers through ECP.

Retains program. 

Back to top of page >>

Provision name:

Technical Assistance (TA) offers advice and services to producers who adopt conservation practices.

Conservation Technical Assistance (CTA) provides technical advice and services to producers who adopt 

conservation practices without financial assistance from other USDA programs.

Previous Legislation 2008 Farm Bill 

CTA funding was $4.14 billion for FY 2002-07. Authorizes annual appropriations.

No similar provision. Defines technical assistance to include expertise, 

information, and tools necessary for conservation of natural 

resources and land active in agricultural, forestry, or 

related uses.

Delivery of Technical Assistance in conjunction with other USDA conservation programs.

Previous Legislation 2008 Farm Bill

Required Secretary to:

● provide technical assistance for preparing 

conservation plans either directly or, at producer's 

choice, through payment to approved third party 

(Technical Service Provider or TSP) and

● develop program for approving third-party 

providers; Secretary could also request services of 

non-Federal entities or enter into cooperative 

agreements or contracts with them to provide 

technical assistance

Requires Secretary to make technical assistance available 

to all USDA conservation program participants who are 

installing or adopting eligible practices. TA can be delivered 

directly (by USDA staff), through third party, or through 

producers (who hire certified provider). Provides 

mandatory funding, though CCC, for technical assistance 

associated with USDA conservation programs.

Allows Secretary to enter into multiyear agreements (1-3 

year) with third-party providers of technical assistance. 

Requires Secretary to:

● provide national criteria for certification of thirdparty providers

● approve any unique certification standards 

established by States

● review existing conservation practice standards to 

ensure completeness and relevance to local needs, 

including for specialty crops, native and managed 

pollinators, bioenergy crop production, and forestry

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2008 Farm Bill Side-By-Side: Title II: Conservation

Technical Assistance for Organic Conservation Practices

Previous Legislation 2008 Farm Bill

No similar provision. Requires Secretary to ensure, to maximum extent 

possible, that: 

● appropriate range of conservation practices and 

resource mitigation measures is available to 

specialty crop, organic, and precision agriculture 

producers

● conservation-practice standards incorporate 

specialty crops and organic and precision 

agriculture

● adequate technical assistance is available for 

implementing conservation practices for specialty 

crops and organic and precision agriculture

Back to top of page >>

Provision name:

Agricultural Land Preservation Programs, including Farmland Protection Program and Grassland Reserve 

Program, provide financial and technical assistance to purchase long-term agreements or easements on farmland 

and grassland to protect it from conversion to other uses.

Farmland Protection Program (formerly Farm and Ranchland Protection Program) provides funds to 

eligible entities (State, tribal, or local governments and nonprofit organizations) to help purchase easements

that would preclude nonfarm development of productive farmland.

Previous Legislation 2008 Farm Bill 

Provided $499 million in CCC funding for FY 2002-07. 

Subject to Regional Equity provision.

Mandates $743 million in funding for FY 2008-12. 

Continues to be subject to Regional Equity provision.

Program purpose was to protect topsoil by limiting 

nonagricultural uses of land. Eligible land explicitly included 

cropland, rangeland, grassland, pastureland, and incidental 

forest land that was part of agricultural operation. Farm 

had to contain at least 50% of soil that is prime, unique, or 

important locally or Statewide to be eligible.

Changes program purpose from focus on topsoil to 

protecting agricultural use and conservation values of land 

by limiting nonagricultural uses. Eligible land now includes 

forest land and other land that contributes to economic 

viability of agricultural operation or that serves as buffer 

from development.

Limited Federal share of easement cost to 50% of 

appraised fair market value of easement. Eligible 

cooperating entity could include, as part of its share of 

purchase price, donation by landowner of up to 25% of fair 

market value.

Continues Federal share cap at 50% of appraised fair 

market value of easement. Cooperating entity share must 

be at least 25% of purchase price; landowner donations 

contributed as part of cooperating entity share are no 

longer capped. Allows entity to designate terms and 

conditions for their deed and to choose appraisal 

methodology, subject to approval of Secretary.

Priority could not be assigned to applications solely on 

basis of lesser cost for applications that were otherwise 

comparable in achieving program purposes.

Retains provision.

Generally limited impervious surfaces to 2% of easement 

area but could be up to 6% under certain conditions.

Required highly erodible land to have conservation plan.

Allows eligible entities to specify limit on impervious 

surfaces. 

Retains conservation plan requirement.

Easements were purchased by eligible entities, and Federal 

government purchased right to enforce easement if entity 

failed to do so. 

Retains provision.

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Grassland Reserve Program (GRP) assists owners, through long-term rental agreements or easements, in 

restoring grassland and conserving virgin grassland while maintaining areas for livestock grazing and hay 

production.

Previous Legislation 2008 Farm Bill 

Could have enrolled restored, improved, or natural 

grassland, rangeland, and pasture, including prairie.

Eligible land to also include grassland tracts containing 

historical or archaeological resources.

Could have enrolled up to 2 million acres during FY 2003-

07, but CCC funding was limited to $254 million. For FY 

2003-06, $217 million of CCC funding was provided. 

Subject to Regional Equity provision.

Authorized additional 1.22 million acres for enrollment 

during FY 2009-12. CCC funding is authorized, but not 

explicitly limited. Continues to be subject to Regional 

Equity provision.

Tracts had to be at least 40 contiguous acres. Waivers 

were available for smaller parcels in cases of exceptional 

acreage that met purposes of program.

No similar provision.

Could have enrolled eligible grassland under: 

● rental agreements of 10, 15, 20, or 30 years

● 30-year or permanent easements or

● easement for maximum duration allowed under 

state law

No longer authorizes 30-year rental agreements and 30-

year easements.

Could have used up to 60% of funds for 30-year rental 

contracts or 30-year and permanent easements. Up to 

40% was available for 10-, 15-, and 20-year contracts.

To extent feasible, 60% of funds are to be used for 

easements.

No similar provision. Gives expiring CRP land priority, if land has high ecological 

value and is under significant threat of conversion to uses 

other than grazing. But this priority applies to no more 

than 10% of acreage enrolled in calendar year.

Under rental contracts, annual rental payments could not 

exceed 75% of grazing value. Permanent easements were 

purchased at fair market value, less grazing value. 

Easements of 30 years were purchased at 30% of fair 

market value, less grazing value.

Retains payment rate on rental contracts. Easement 

payments to be lowest of:

● fair market value less grazing value 

● geographical cap determined by Secretary or 

● offer from landowner

Participants could receive cost sharing of up to 75% of 

restoration costs on restored grassland and up to 90% on 

virgin grassland.

No similar cap on payments.

Caps restoration cost shares at 50%.

Limits rental payments and restoration cost sharing

(separately) to $50,000/person or legal entity/year.

Secretary could transfer easement ownership to State or 

local governments, Indian tribes, or eligible 

nongovernmental organizations for monitoring and 

enforcement of easement terms.

Retains provision. Secretary may also enter into 

cooperative agreements with State or local governments, 

Indian tribes, or eligible nongovernment organizations for 

monitoring and enforcement of easement terms.

Back to top of page >>

Provision name:

Watershed Programs

Chesapeake Bay Watershed Conservation Program

Previous Legislation 2008 Farm Bill 

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No similar provision. Mandates $188 million in CCC funding for FY 2009-12.

Secretary is to assist producers in implementing activities 

to improve water quality and quantity, and restore, 

enhance and preserve soil, air, and related resources in 

Chesapeake Bay Watershed. Conservation activities are to 

complement existing Federal and State programs.

Small Watershed Rehabilitation Program

Previous Legislation 2008 Farm Bill

Provided CCC funding of $275 million and authorized 

appropriations of $325 million for FY 2003-07 for 

rehabilitation of water resource projects.

Actual funding was $29 million in FY 2003, $30 million in 

FY 2004, $27 million in FY 2005, and $31 million in FY 

2006. 

Provides CCC funding of $100 million for FY 2009 to be 

available until expended. Authorizes appropriations of $85 

million/year for FY 2008-12.

Resource Conservation and Development Program (RC&D)

Previous Legislation 2008 Farm Bill

Authorized appropriations of such funds as necessary. Retains provision.

RC&D councils helped communities access USDA technical 

and financial assistance to implement local plans, 

developed through planning process, to conserve and 

improve use of land, develop natural resources, and 

enhance social, economic, and environmental conditions.

Continues program.

In defining "planning process," specifies that planning 

processes must be "locally led."

Requires Secretary to designate coordinator for each 

council who is responsible for provision of all technical 

assistance.

Great Lakes Basin Program for Erosion and Sediment Control

Previous Legislation 2008 Farm Bill

Secretary could carry out program of soil and sediment 

control involving project demonstration grants, technical 

assistance, and information/education programs to 

improve water quality in Great Lakes Basin. 

Authorized appropriations of $5 million annually for FY 

2002-07.

Retains provision.

Authorizes appropriations of $5 million annually for FY 

2008-12.

Grassroots Source Water Protection Program

Previous Legislation 2008 Farm Bill

Established national program to more effectively use onsite 

technical-assistance capacity of State rural water 

associations that operate wellhead or groundwater 

protection programs.

Retains provision.

Authorized appropriations of $5 million/year for FY 2002-

07.

Increases authorized appropriations to $20 million/year for 

FY 2008-12.

Desert Terminal Lakes

Previous Legislation 2008 Farm Bill

Required Secretary to transfer $200 million in CCC funds to 

Bureau of Reclamation to provide water for at-risk natural 

desert terminal lakes.

Requires Secretary to transfer $175 million in CCC funds to 

Bureau of Reclamation to provide water for at-risk natural 

desert terminal lakes.

Prohibited use of funds for purchase or lease of water 

rights.

When there are willing sellers, funds can be used to lease 

water or to purchase land, water appurtenant to the land, 

and related interests in Walker River Basin.

Conservation Corridor Demonstration Program

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Previous Legislation 2008 Farm Bill

Required establishment of conservation corridor 

demonstration program on east side of Chesapeake Bay in 

Delaware, Maryland, and Virginia. Project was to 

demonstrate local conservation and economic cooperation 

using existing USDA conservation program funds on 

priority basis. State and local partners would have to 

provide 50% of funding.

Demonstration program not reauthorized.

Back to top of page >>

Provision name:

Market-Based Incentives for Conservation

Promotion of Conservation through Environmental Services Markets

Previous Legislation 2008 Farm Bill 

No similar provision. Requires Secretary to establish technical guidelines for 

measuring environmental services from conservation and 

other land management activities. Specifically, requires 

Secretary to develop:

● procedure for measuring environmental services 

benefits;

● protocol to report these benefits;

● registry to collect, record, and maintain information 

on benefits measured.

Priority to be given to establishing guidelines for 

participation in carbon markets.

Guidelines to be established for process to verify that 

farmer has implemented conservation or land management 

activities reported in registry. Role of third parties in 

verification to be considered.

Back to top of page >>

Provision name:

Cross-Program Provisions

Regional Equity

Previous Legislation 2008 Farm Bill 

Required that each State collectively receive at least $12 

million annually in conservation funds through 

Environmental Quality Incentives Program (EQIP), 

Farmland Protection Program (FPP, formerly FRPP), 

Grassland Reserve Program (GRP), and Wildlife Habitat 

Incentives Program (WHIP).

Requires each State collectively receive at least $15 million 

annually in conservation funds through EQIP, FPP, GRP, 

and WHIP. Level of producer interest in participating is 

consideration in determining specific funding allocations.

Partnerships and Cooperation

Previous Legislation 2008 Farm Bill 

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In carrying out any conservation program, Secretary could 

use program resources to enter into stewardship 

agreements with State and local agencies, Tribes, and 

nongovernmental organizations. Secretary could also 

designate special projects, as recommended by State 

Conservationist, to enhance technical and financial 

assistance to producers to address natural resource issues.

Special projects were to encourage:

● producers' cooperation in installation and 

maintenance of practices that affect multiple 

agricultural operations

● sharing of information and technical and financial 

resources among producers

● cumulative conservation benefits in geographic areas

● development and demonstration of innovative 

conservation methods

Requires Secretary to enter into competitively selected 

agreements with partners to address goals outlined in 2002 

Farm Act. Funding and acres for agreements comes from 

allocations for each conservation program. CRP, WRP, FPP, 

and GRP are excluded from initiative. Up to 6% of included 

program funds can be used for initiative agreements, which 

if not used by April 1 of fiscal year can be used for other 

purposes in each program.

Allocation of funds:

● 90% to State conservationists for agreements that 

address State issues

● 10% for nationally competitive selection process

Voluntary Public Access and Habitat Incentive Program

Previous Legislation 2008 Farm Bill

No similar provision. Provides grants to States and tribal governments to 

encourage owners and operators of privately held farm, 

ranch, and forest land to voluntarily make land available 

for public access for wildlife-dependent recreation, 

including hunting or fishing under programs administered 

by States and tribal governments.

Up to $50 million in CCC funds can be granted to State and 

tribal governments during FY 2009-12. Grant applications 

must describe intended benefits from encouraging public 

access to farm and ranch land for hunting, fishing, and 

other recreational purposes.

Priority to be given to program proposals that:

● are likely to be broadly accepted among landowners

● enroll land with appropriate wildlife habitat

● strengthen wildlife habitat improvement efforts on 

land enrolled in special conservation reserve 

enhancement program by providing incentives to 

increase public hunting and other recreational access

● use grant money in conjunction with other Federal, 

State, or tribal resources to carry out program

● notify public of location of land enrolled

Grants to be reduced by 25% if opening dates for 

migratory-bird hunting in State are not consistent for 

residents and nonresidents.

Conservation Access See Additional Information >>

Previous Legislation 2008 Farm Bill

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2008 Farm Bill Side-By-Side: Title II: Conservation

No similar provision. Instructs Secretary to use 5% of EQIP funds to assist 

beginning farmers and ranchers, and 5% for socially 

disadvantaged farmers and ranchers. For CSP, 5% of 

available acres are to be made available for beginning 

farmers and ranchers, and 5% of acres for socially 

disadvantaged farmers and ranchers.

Funds or acres allocated but not used by certain date (to 

be determined by Secretary) can be used for any producers 

in the programs.

Streamlined Application

Previous Legislation 2008 Farm Bill

No similar provision. Instructs Secretary to review application forms and 

processes for conservation programs to reduce complexity 

and redundancy, and to ensure all information collected 

about producers is necessary and not available from other 

sources. 

Requires that information technology be used effectively to 

minimize data and information input requirements.

Instructs Secretary to submit written notification to 

Congress within 1 year of enactment that review has been 

completed.

Incentives for Certain Farmers and Ranchers and Indian Tribes

Previous Legislation 2008 Farm Bill

Secretary could provide incentives for beginning farmers, 

limited-resource producers, and Indian tribes to participate 

in conservation programs. Incentives were to foster new 

farming and ranching opportunities and enhance long-term 

conservation stewardship.

Adds socially disadvantaged farmers and ranchers to those 

eligible for incentives.

Acreage Limitations

Previous Legislation 2008 Farm Bill

Limited acreage that could be enrolled in CRP and WRP in 

any 1 county to 25% of county's total cropland. Limited 

total acreage of easements in WRP to 10% of county 

cropland. Limits did not apply to easements used for 

shelterbelts or windbreaks. Exceptions could be made if 

exceeding limits would not hurt local economy or if 

producers would otherwise have difficulty complying with 

their conservation plans.

Adds waiver to existing limitations for certain acreage if 

agreed upon with county government.

Compliance and Performance

Previous Legislation 2008 Farm Bill

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2008 Farm Bill Side-By-Side: Title II: Conservation

No similar provision. Requires Secretary to develop procedures to monitor 

compliance and performance for USDA conservation 

programs. Procedures must:

● ensure compliance with program requirements,

● measure program performance

● demonstrate whether long-term conservation goals 

are being achieved

● track participation by crop and livestock types

● coordinate activities with national conservation 

program under Soil and Water Resources 

Conservation Act of 1977

Encouragement of Pollinator Habitat Development and Protection

Previous Legislation 2008 Farm Bill

No similar provision. In carrying out conservation programs, Secretary may, as 

appropriate, encourage development of habitat for 

pollinators and use of conservation practices to benefit 

pollinators.

Adjusted Gross Income Limitation See Title I, Payment Limits and Income Eligibility, Attribution of Benefits.

Back to top of page >>

Provision name:

Miscellaneous Conservation Programs and Provisions

Privacy of Personal Information relating to natural resources conservation programs.

Previous Legislation 2008 Farm Bill 

Information collected by Secretary for purpose of providing 

technical or financial assistance to producer through 

natural resources conservation program could not be 

considered public information nor be disclosed to any 

person or entity outside USDA, except to conservation 

programs.

Retains provision. However, Title I provisions on 

Information Gathering supersede this provision.

Agricultural Conservation Experienced Service Program (ACES)

Previous Legislation 2008 Farm Bill 

No similar provision. Establishes ACES program to engage people aged 55 and 

older to provide technical assistance in conservation 

programs. Secretary must contract with private nonprofit 

or other eligible organizations that hire participants to 

provide assistance. Workers hired under ACES cannot 

displace USDA employees. Program financed through funds 

for each conservation program, excluding funds from CRP, 

WRP, GRP, and CSP.

Amendments to Soil and Water Resources Conservation Act (RCA) of 1977

Previous Legislation 2008 Farm Bill

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Directed Secretary to carry out continuing appraisal of soil, 

water, and related resources, including collection of 

extensive data on and analysis of natural resources and 

conservation needs.

Requires additional data on conservation plans, practices 

planned or implemented, environmental outcomes, 

economic costs, and related matters under conservation 

programs administered by Secretary.

Requires concurrent evaluation of Resource Conservation 

Act appraisal and evaluation of existing conservation 

programs emphasizing demonstration, innovation, and 

monitoring to encourage adoption of improvement and 

adoption of conservation practices and performance-based 

standards.

RCA appraisals to be completed no later than 2011 and 

2016.

Basin States Program for salinity control activities.

Previous Legislation 2008 Farm Bill

No similar provision. Amends Colorado River Basin Salinity Control Act to create 

Basin States Program, which clarifies Bureau of 

Reclamation's authority in administering financial 

assistance for salinity control activities in Colorado River 

Basin.

Back to top of page >>

For more information, contact: Roger Claassen or Cynthia Nickerson

Web administration: webadmin@ers.usda.gov

Updated date: November 14, 2008 

 

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http://www.ers.usda.gov/FarmBill/2008/Titles/TitleIIConservation.htm (20 of 20) [4/15/2009 3:57:27 PM]
2008 Farm Bill Side-by-Side: Title III: Trade

 You are here: Home / Farm Bill Resources / 2008 Farm Bill Side-By-Side / Title III: Trade 

2008 Farm Bill Side-By-Side 

Title III: Trade

Repeals Intermediate Export Guarantee Program (GSM-103), 

Supplier Credit Guarantee Program, and Export Enhancement 

Program. Increases required spending on nonemergency food 

assistance. Adds small pilot program for local or regional purchase 

and distribution of food assistance in food security crises. Provides 

mandatory funding for McGovern-Dole International Food for 

Education and Child Nutrition Program.

List of Key Provisions:

Food for Peace Act

Removal of Market Development Objective | Provision of Agricultural Commodities, Levels of Assistance, 

and Authorization of Appropriations | Food Aid Consultative Group | Oversight, Monitoring, and Evaluation | 

Preparation, Stockpiling, and Rapid Delivery of Shelf-Stable Prepackaged Foods | Determination of 

Domestic Supply Requirements | Prepositioning Commodities

Amendments to Agricultural Trade Act of 1978 and Related Statutes

Export Credit Guarantee Programs | Market Access Program (MAP) | Export Enhancement Program (EEP) | 

Foreign Market Development Program (FMD) | Food for Progress (FFP) | McGovern-Dole International Food 

for Education and Child Nutrition Program

Miscellaneous Trade Provisions

Bill Emerson Humanitarian Trust | Global Diversity Trust | Technical Assistance for Specialty Crops (TASC) 

Program | Emerging Markets and Facility Guarantee Loan Programs | Consultative Group to Eliminate Use 

of Child Labor and Forced Labor in Imported Agricultural Products | Local and Regional Food Aid 

Procurement Projects

Softwood Lumber Importer Declaration Program

Trade Provisions in Other Titles

Dairy Export Incentive Program (DEIP) | Uruguay Round Compliance | Prevention of Illegal Logging 

Practices | Country-of-Origin Labeling

Browse A-Z List of Provisions

● Introduction

● Title I: Commodities

● Title II: Conservation

● Title III: Trade

● Title IV: Nutrition

● Title V: Credit

● Title VI: Rural Development

● Title VII: Research

● Title VIII: Forestry

● Title IX: Energy

● Title X: Hort & Organic Ag

● Title XI: Livestock

● Title XII: Crop Insurance

● Title XIII: Commodity Futures

● Title XIV: Miscellaneous

● Title XV: Trade & Taxes

● 

● Provisions for Traditionally 

Underserved Groups

● ERS Resources

● User's Guide

● A-Z List of Provisions

● List of Provisions by Title

● Background Publications

● Farm Policy Glossary

● Previous Farm Bills

● Related Links

● Download the 2008 Farm 

Bill (1.65MB)

http://www.ers.usda.gov/FarmBill/2008/Titles/TitleIIITrade.htm (1 of 7) [9/3/2008 9:51:44 AM]
2008 Farm Bill Side-by-Side: Title III: Trade

● USDA Farm Bill Site

Provision name:

Food for Peace Act (P.L. 480) provides for government-to-government concessional sales of U.S. agricultural 

commodities to developing countries on credit or grant terms (Title I), for donation of U.S. agricultural 

commodities to meet emergency and nonemergency food needs in foreign countries (Title II), and for donation of 

U.S. agricultural commodities to governments of least-developed countries to be sold in those countries to support 

economic development programs (Title III).

Removal of Market Development Objective

Previous Legislation 2008 Farm Bill

Listed development and expansion of markets for U.S. 

agricultural commodities as an objective of Agricultural 

Trade Development and Assistance Act.

Removes market development as an objective to reflect 

program operation in recent years.

Required that commercial development potential be 

considered in choosing recipient countries and required 

organizations seeking funding to submit market 

development plans.

Removes requirement for considering commercial 

development potential in choosing recipient countries and 

requirement to submit market development plans to 

receive funding.

Allowed use of local currency received from sales of 

commodity aid to be used to develop markets for U.S. 

agricultural commodities in recipient countries.

Removes market development for U.S. commodities from 

allowable uses for local currency; adds development of 

trade capacity in recipient country as allowable use.

Provision of Agricultural Commodities, Levels of Assistance, and Authorization of Appropriations

Previous Legislation 2008 Farm Bill

Required that funding for administrative support, internal 

transportation, and distribution costs of sponsoring 

agencies be at least 5%, but not more than 10%, of annual 

Title II program level.

Provides that funding for administrative support, internal 

transportation, and distribution costs of sponsoring 

agencies be at least 7.5%, but not more than 13%, of 

annual Title II program level.

Provides that some of these funds be used for assessment 

and improvement of food aid quality. Authorizes use of no 

more than $4.5 million over fiscal years (FY) 2009-11 from 

funds authorized for program oversight, monitoring, and 

evaluation.

Required that not less than 2.5 million metric tons (MMT)/

year of agricultural commodities be made available 

annually. Of this amount, at least 1.875 MMT/year was to 

be used for nonemergency food assistance.

Continues minimum level of assistance of 2.5 million MMT/

year and minimum amount to be used for nonemergency 

food assistance of 1.875 MMT/year.

In addition, at least $375 million/year in FY 2009, 

increasing by $25 million/year until FY 2012, must be used 

for nonemergency food assistance. Rule can be waived if 

an extraordinary food emergency exists and President 

determines, and informs Congress, that no other food or 

financial resources are available to meet the emergency. 

Authorized appropriation of such sums as necessary for 

Title I concessional credit sales program, Title II 

emergency and nonemergency food assistance programs, 

and Title III bilateral grants program.

Authorizes appropriations of up to $2.5 billion/year for Title 

II emergency and nonemergency food assistance 

programs, and such sums as are necessary for Title I 

concessional credit sales program and Title III bilateral 

grants program.

Food Aid Consultative Group

Previous Legislation 2008 Farm Bill

Established Food Aid Consultative Group (FACG) to review 

and address effectiveness of regulations and procedures 

governing food assistance programs. Included 

representatives of USDA, private cooperators, indigenous 

African, Latin American, and Asian nongovernmental 

organizations, and U.S. agricultural producers.

Extends FACG through Dec 31, 2012, and adds 

representatives of maritime sector involved in transporting 

agricultural commodities for food aid programs.

Oversight, Monitoring, and Evaluation

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2008 Farm Bill Side-by-Side: Title III: Trade

Previous Legislation 2008 Farm Bill

No similar provision. Requires program oversight, monitoring, and evaluation, 

including in-country monitoring, evaluation of food aid 

impacts and monetization activities, identification and 

implementation of best practices, early warning systems to 

prevent famine, and upgrading of information technology 

(IT) systems.

Requires implementation report on oversight activities for 

nonemergency programs within 180 days of enactment of 

2008 Farm Act and review of these activities by 

Government Accountability Office within 270 days.

Provides that up to $22 million of funds for Title II for FY 

2009-11 may be used for oversight activities, of which up 

to $2.5 million may be used for upgrading IT systems. Up 

to $8 million may also be used for famine early warning 

systems, but only if at least $8 million is provided for that 

purpose under Foreign Assistance Act of 1961.

Preparation, Stockpiling, and Rapid Delivery of Shelf-Stable Prepackaged Foods

Previous Legislation 2008 Farm Bill

Authorized appropriations of $3 million annually for FY 

2001-07, to remain available until expended, to facilitate 

preparation, stockpiling, and rapid transportation, delivery, 

and distribution of shelf-stable prepackaged foods for food 

aid. Provided for grants to nonprofit and other private 

voluntary and international organizations.

Increases authorized appropriations limit to $8 million.

Determination of Domestic Supply Requirements

Previous Legislation 2008 Farm Bill

Prohibited donation of agricultural commodities for foreign 

food aid if Secretary determined donation would reduce 

domestic supply below necessary levels.

Removes requirement that Secretary determine domestic 

supply needs before releasing commodities for foreign food 

aid.

Prepositioning Commodities

Previous Legislation 2008 Farm Bill

Allowed for use of FY 2001-07 funds to procure, transport, 

and store agricultural commodities for prepositioning within 

U.S. and in foreign countries, but limited expenditures for 

prepositioning in foreign countries to $2 million.

Extends permission for use of funds through FY 2012 and 

increases expenditures allowed for prepositioning in foreign 

countries to $10 million.

Allows for use of funds to assess feasibility and costs of 

establishing additional foreign prepositioning sites and to 

establish such sites if assessments warrant. 

Back to top of page >>

Provision name:

Amendments to Agricultural Trade Act of 1978 and Related Statutes

Export Credit Guarantee Programs facilitate commercial sales of U.S. agricultural products.

Previous Legislation 2008 Farm Bill

Intermediate Export Credit Guarantee Program (GSM-103)

Previous Legislation 2008 Farm Bill 

Guaranteed repayment of private credit extended for up 

to 7 years to foreign credit providers.

Repeals Intermediate Export Credit Guarantee Program.

Supplier Credit Guarantee Program (SCGP)

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2008 Farm Bill Side-by-Side: Title III: Trade

Previous Legislation 2008 Farm Bill

Helped exporters offer direct, short-term credit to 

foreign buyers of U.S. food and agricultural products.

Repeals Supplier Credit Guarantee Program.

Export Credit Guarantee Program (GSM-102)

Previous Legislation 2008 Farm Bill

Guaranteed repayment of private credit extended for up 

to 3 years (short-term) to foreign credit providers.

Renews program and authorizes budget authority of $40 

million/year through FY 2012, plus unobligated budget 

authority carried over from previous years. Removes 1% 

limitation on origination fees assessed on each 

transaction.

Credit guarantees of up to $5.5 billion/year were to be 

made available.

Retains provision as far as feasible under authorized 

budget authority.

At least 35% of export credit guarantees issued had to 

be used to promote exports of processed or high-value 

agricultural products.

Does not extend provision.

Market Access Program (MAP) provides cost-share funding to expand markets for U.S. agricultural 

products through technical assistance, market research, and promotion of U.S. value-added products. 

Participating organizations include nonprofit agricultural organizations, regional trade groups, and U.S. private 

companies.

Previous Legislation 2008 Farm Bill

Gradually increased funding to not more than $100 million 

in FY 2002, $110 million in FY 2003, $125 million in FY 

2004, $140 million in FY 2005, and $200 million annually in 

FY 2006-07 in Commodity Credit Corporation (CCC) funds 

or equivalent CCC commodities.

Continues funding at $200 million annually.

Export Enhancement Program (EEP) provided funding to U.S. exporters to help compete against subsidized 

prices in specific export markets.

Previous Legislation 2008 Farm Bill

Funding of up to $478 million/year was made available but 

never utilized. (EEP was inactive after 2001.)

Repeals Export Enhancement Program.

Foreign Market Development Program (FMD) provides cost-share funding to develop, maintain, and 

expand foreign markets for U.S. agricultural commodities. Participating organizations are primarily U.S. trade 

associations.

Previous Legislation 2008 Farm Bill

Authorized use of CCC funds to support program. 2002 

Farm Act increased funding to $34.5 million.

Retains provision at FY 2002 level.

Required continued emphasis on exporting value-added 

products to emerging markets.

Retains provision.

Food for Progress (FFP) provides for donation or credit sale of U.S. commodities to developing countries to 

support democracy and an expansion of private enterprise. Donations may be made to governments, private 

voluntary organizations, nonprofits, cooperatives, or intergovernmental organizations. Administered by 

Secretary.

Previous Legislation 2008 Farm Bill

2002 Farm Act increased annual limits on administrative 

costs to $15 million and on noncommodity costs to $40 

million.

Retains provision at FY 2002 levels.

Provided for no less than 400,000 metric tons/year of 

eligible commodities to go to developing countries.

Retains provision.

Sub-Saharan Africa: Project in Malawi

Previous Legislation 2008 Farm Bill

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2008 Farm Bill Side-by-Side: Title III: Trade

No similar provision. During FY 2009, at least 1 multiyear project shall be 

approved for Malawi to promote sustainable agriculture 

and to increase number of women in leadership 

positions. Project shall be carried out using at least $3 

million of eligible commodities.

McGovern-Dole International Food for Education and Child Nutrition Program was established by 2002 

Farm Act to help support education, child development, and food security for some of world's poorest children. 

It donates commodities and financial and technical assistance through governments, private voluntary 

organizations, cooperatives, and other entities for preschool and school feeding programs or for sale to 

generate funding for school feeding and nutrition projects. Administered by Secretary.

Previous Legislation 2008 Farm Bill

Authorized use of $100 million of CCC funds in FY 2003 to 

remain available until expended. Authorized appropriations 

as necessary for FY 2002-07.

Continues authorization of appropriations through FY 2013. 

Provides additional $84 million of CCC funding for FY 2009, 

to remain available until expended.

Back to top of page >>

Provision name:

Miscellaneous Trade Provisions

Bill Emerson Humanitarian Trust is not a food-aid program, but a reserve of food and cash administered 

under authority of Secretary. U.S. commodities and cash from this reserve can be used by P.L. 480 program to 

respond to unexpected humanitarian food crises in developing countries.

Previous Legislation 2008 Farm Bill

Authorized CCC reimbursement for disbursements of Trust 

Funds for commodities, transportation, and storage.

Continues authority for reserve.

Up to 4 MMT of commodities, or any combination of 

commodities and funds equivalent to 4 MMT, could be held 

in reserve.

Removes limit on size of reserve.

No similar provision. Provides that Trust funds and commodities shall be 

immediately available upon determination by U.S Agency 

for International Development (USAID) Administrator that 

funds for emergency needs under P.L. 480 Title III are 

insufficient.

Global Diversity Trust

Previous Legislation 2008 Farm Bill

No similar provision. Provides that Administrator of USAID shall contribute funds 

to endow Global Crop Diversity Trust to assist in 

conservation of genetic diversity in food crops through 

collection and storage of germplasm of food crops.

Authorizes appropriations of $60 million for FY 2008-12, 

provided that aggregate U.S. contributions shall not exceed 

25% of total amount of funds contributed to Global Crop 

Diversity Trust.

Technical Assistance for Specialty Crops (TASC) Program provides funding to public and private U.S. 

organizations for technical assistance to addresses unique sanitary, phytosanitary, and technical barriers that 

prohibit or threaten export of U.S. specialty crops.

Previous Legislation 2008 Farm Bill

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2008 Farm Bill Side-by-Side: Title III: Trade

Established program and authorized use of CCC funding of 

up to $2 million/year. Subsequently, Specialty Crops 

Competitiveness Act of 2004 authorized, beginning in FY 

2005, an additional $2 million/year above amount already 

authorized under 2002 Farm Act for TASC.

Authorizes CCC funding:

● $4 million in FY 2008

● $7 million in FY 2009

● $8 million in FY 2010

● $9 million annually in FY 2011-12

Emerging Markets and Facility Guarantee Loan Programs provide funding to public and private U.S. 

organizations for technical assistance activities intended to promote U.S. exports in target foreign markets. 

Authorizes issuance of CCC guarantees to support establishment of agriculture-related facilities such as ports, 

storage facilities, and warehouse and distribution systems.

Previous Legislation 2008 Farm Bill

Emerging Markets Program

Previous Legislation 2008 Farm Bill

Authorizes use of Export Credit Guarantees to help 

develop emerging foreign markets.

Retains provision.

Facility Guarantee Loan Program

Previous Legislation 2008 Farm Bill

Reauthorized CCC to make available direct credit or 

credit guarantees to assist in agriculture-related facilities 

projects in emerging markets. CCC guaranteed 

payments due from approved foreign banks to U.S. 

financial institutions or to U.S. exporters of goods used 

in construction. Loan terms ranged from 1 to 10 years.

Expands loan authority to allow longer term loans for up 

to lifecycle of facility's depreciation schedule (not to 

exceed 20 years). Waiver of general requirement to use 

U.S. materials in construction is permitted if use of U.S. 

goods is "not practicable."

Consultative Group to Eliminate Use of Child Labor and Forced Labor in Imported Agricultural 

Products

Previous Legislation 2008 Farm Bill

No similar provision. Establishes "Consultative Group to Eliminate the Use of 

Child Labor and Forced Labor in Imported Agricultural 

Products" to develop recommendations relating to 

guidelines to reduce likelihood that agricultural products or 

commodities imported into U.S. are produced using forced 

labor and child labor.

Local and Regional Food Aid Procurement Projects

Previous Legislation 2008 Farm Bill

No similar provision. Requires Secretary to enter into grants or cooperative 

agreements to provide local or regional procurements of 

eligible commodities to respond to food crises and disasters.

Provides that, to maximum extent practicable, provision of 

food aid should not significantly increase commodity costs 

for low-income consumers who procure commodities 

sourced from same markets at which eligible commodity is 

procured.

Provides that local or regional procurement shall not have 

disruptive impact on farmers located in, or economy of, 

recipient country of eligible commodity or any country in 

region in which eligible commodity may be procured.

Authorizes use of CCC funds:

● $5 million for FY 2009

● $25 million for FY 2010

● $25 million for FY 2011

● $5 million for FY 2012

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2008 Farm Bill Side-by-Side: Title III: Trade

Requires Secretary to initiate, within 30 days of enactment 

of 2008 Farm Act, study of prior local and regional 

procurements for food aid programs conducted by other 

donor countries, private voluntary organizations, and 

United Nations World Food Program. Study to be completed 

within 180 days of enactment.

Requires all field-based projects to be evaluated by 

independent third party by Nov 1, 2011.

Back to top of page >>

Provision name:

Softwood Lumber Importer Declaration Program

Previous Legislation 2008 Farm Bill

No similar provision. Requires USDA to establish program. Importers must report 

lumber imports, allowing data to be collected, verified, and 

reconciled, to implement the U.S.-Canada Softwood Lumber 

Agreement.

Back to top of page >>

Provision name:

Trade Provisions in Other Titles

Dairy Export Incentive Program (DEIP) helps exports of U.S. dairy products meet prevailing world prices 

for targeted dairy products and destinations. See Title I, Dairy Export Incentive Program.

Uruguay Round Compliance. See Title I, Uruguay Round Compliance.

Prevention of Illegal Logging Practices. See Title VIII, Prevention of Illegal Logging Practices. 

Country-of-Origin Labeling. See Title XI, Country-of-Origin Labeling.

Back to top of page >>

For more information, contact: Farm policy team

Web administration: webadmin@ers.usda.gov

Updated date: August 20, 2008 

 

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http://www.ers.usda.gov/FarmBill/2008/Titles/TitleIIITrade.htm (7 of 7) [9/3/2008 9:51:44 AM]
2008 Farm Bill Side-by-Side: Title IV: Nutrition

 You are here: Home / Farm Bill Resources / 2008 Farm Bill Side-By-Side / Title IV: Nutrition 

2008 Farm Bill Side-By-Side 

Title IV: Nutrition

Expands eligibility for Food Stamp Program, renamed 

Supplemental Nutrition Assistance Program beginning in fiscal 

year 2009, increases benefits, and makes additional adjustments 

for inflation. Increases funding for Emergency Food Assistance 

Program, Fresh Fruit and Vegetable Program, and Senior Farmers' 

Market Nutrition Program. Creates initiatives for community food 

security, promoting locally produced foods, and healthy eating 

patterns, including curbing obesity.

List of Key Provisions:

Food Stamp Program (FSP)/Supplemental Nutrition Assistance Program 

(SNAP)

Benefits | Eligibility | Operations

Food Distribution Programs 

The Emergency Food Assistance Program (TEFAP) | Food Distribution Program on Indian Reservations 

(FDPIR) | Commodity Supplemental Food Program (CSFP) | Purchase of Fresh Fruits and Vegetables for 

Distribution 

Fruit and Vegetable Promotion

Fresh Fruit and Vegetable Program | Healthy Food Education and School Gardening Pilot Programs 

Farmers' Market and Community Food Promotion

Healthy Urban Food Enterprise Development Center | Farmers' Market Nutrition Programs | Locally 

Produced Foods

Community Food Security and Emergency Food Grants

"Hunger-Free Community" Grants | Emergency Food Infrastructure Grants | National and International 

Hunger Fellows

School Meal Issues

Whole Grain Pilot Projects | Buy American | Survey of School Food Purchases

Nutrition Monitoring 

Browse A-Z List of Provisions 

● Introduction

● Title I: Commodities

● Title II: Conservation

● Title III: Trade

● Title IV: Nutrition

● Title V: Credit

● Title VI: Rural Development

● Title VII: Research

● Title VIII: Forestry

● Title IX: Energy

● Title X: Hort & Organic Ag

● Title XI: Livestock

● Title XII: Crop Insurance

● Title XIII: Commodity Futures

● Title XIV: Miscellaneous

● Title XV: Trade & Taxes

● 

● Provisions for Traditionally 

Underserved Groups

● ERS Resources

● User's Guide

● A-Z List of Provisions

● List of Provisions by Title

● Background Publications

● Farm Policy Glossary

● Previous Farm Bills

● Related Links

● Download the 2008 Farm 

Bill (1.65MB)

http://www.ers.usda.gov/FarmBill/2008/Titles/TitleIVNutrition.htm (1 of 10) [9/3/2008 9:51:54 AM]
2008 Farm Bill Side-by-Side: Title IV: Nutrition

● USDA Farm Bill Site

Provision name:

Food Stamp Program (FSP)/Supplemental Nutrition Assistance Program (SNAP)

Previous Legislation 2008 Farm Bill

Food Stamp Program is renamed Supplemental Nutrition Assistance Program effective Oct 2008. Appropriations are 

authorized through fiscal year (FY) 2012.

Benefits

Previous Legislation 2008 Farm Bill

Calculated benefits based on number of people in 

household, maximum FSP benefit, and household income 

(net of allowable deductions). Deductions included 

standard deduction (available to all) and targeted earnings, 

excess shelter, dependent care, child support, and medical 

costs.

Retains basic structure of benefit formula.

Partially reversed 1996 welfare reform legislation that froze 

FSP standard deduction and ended its indexation. Linked 

standard-deduction level to inflation-indexed poverty 

guidelines so as to phase in increases over time. For 48 

States and District of Columbia (DC), deduction set to 

increase to level of 8.31% of inflation-indexed poverty 

guidelines in whatever year this amount came to exceed 

minimum deduction of $134.

Retains link to poverty guidelines for FY 2009, but 

increases minimum standard deduction to $144 for 48 

States and DC.

Requires indexation of previous years' standard deduction 

based on cost of living increases for FY 2010 and thereafter.

Set minimum allotment at $10 for 1- or 2-person 

households eligible for benefits.

Replaces $10-minimum benefit with indexed amount equal 

to 8% of maximum benefit for single-person household.

Allowed dependent-care deduction, when needed for work, 

training, or education. Deduction limited to $200 for each 

child under age 2 and not more than $175 for each other 

dependent.

Eliminates cap on amount of household's dependent-care 

expenses that can be deducted from its gross income for 

eligibility and benefit determination.

Included temporary language in appropriations acts since 

2005 allowing for exclusion of supplemental military 

combat earnings for purposes of determining FSP eligibility 

and benefits.

Excludes additional payment received by member of Armed 

Forces as a result of deployment to combat zone from 

consideration in eligibility and benefit determination, as 

long as such payment was not received immediately prior 

to serving in a combat zone.

Eligibility

Previous Legislation 2008 Farm Bill

Continued to restrict eligibility to households with gross 

income less than 130% of poverty guidelines and net 

income less than 100%. Asset limits, not indexed to 

inflation, allowed eligible households no more than $2,000 

in countable assets ($3,000 if a member is age 60 or 

older). Increased asset limit to $3,000 for households with 

a disabled member.

Based eligibility on national standards that included gross 

and net income limits, allowable deductions, and asset 

limits. 

Additional factors were citizenship, work, and educational 

status.

Retains income limits based on poverty guidelines. Retains 

asset limits but introduces annual inflation adjustments 

rounded to nearest $250.

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2008 Farm Bill Side-by-Side: Title IV: Nutrition

Established that resources countable toward asset limit 

include most financial assets and some property. 

Household's home and furnishings and (in most cases) 

value of vehicle were not counted. 

The 2002 Farm Act further restored eligibility to legal 

immigrants excluded from program in 1996 welfare reform 

law. This included those receiving disability benefits 

(beginning in Oct 2002), those who had been in U.S. 

continuously for 5 years (April 2003), and all legal 

immigrant children, regardless of their date of entry to U.S. 

(Oct 2003). 

Excludes tax-qualified educational and retirement savings 

accounts from financial resources that count toward asset 

limit.

Extends provision.

Operations 

Previous Legislation 2008 Farm Bill

FSP is jointly administered by USDA's Food and Nutrition Service (FNS) and State and local welfare agencies.

Program Simplification

Previous Legislation 2008 Farm Bill

Provided States with several options to simplify program, 

including aligning definitions of income and/or resources 

to those used in Temporary Assistance to Needy Families 

(TANF) or Medicaid.

Extends provision.

Extended simplified reporting option (previously granted 

by regulation) to almost all types of households. This 

option permitted States to freeze household benefits for 

6 months, requiring households to report only those 

changes in household circumstances that raise household 

income above 130% of poverty level.

Authorizes all households to be placed on simplified 

reporting, eliminating prohibition on simplified reporting 

for elderly, disabled, homeless, and migrant households. 

Allowed States option to provide up to 5 months of a 

fixed level of transitional food stamp benefits to lowincome families leaving Federal cash welfare programs. 

Expands State option for transitional benefits to include 

families with children leaving State-funded cash 

assistance programs.

Allowed households to file for food stamp benefits on day 

they initiate an application at a local welfare office. 

Allowed households with hardships (e.g., elderly and 

working families) to complete applications online or by 

telephone. Electronic signatures were allowed but could 

result in delays in filing and receiving benefits. 

Allows States to establish system by which applicant may 

sign application through recorded verbal assent over the 

telephone. System must record verbal assent, include 

effective safeguards against impersonation, identify theft 

and invasions of privacy, not interfere with right to apply 

in writing, provide household written copy of application 

with instructions for correcting any errors, and make 

date of application the date of verbal assent. 

Nutrition Education, Promotion, and Outreach

Previous Legislation 2008 Farm Bill

Authorized continued operation and matching funding to 

States with an approved Food Stamp Nutrition Education 

(FSNE) program.

Makes nutrition education activities a specific component 

of legislation and gives States discretion to implement 

nutrition education programs directed at individuals who 

receive or are eligible for program benefits. Continues 

requirement for non-Federal matching funds.

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2008 Farm Bill Side-by-Side: Title IV: Nutrition

No similar provision. Mandates $20 million to carry out point-of-purchase pilot 

to encourage households to purchase fruits, vegetables, 

or other healthful foods. 

Authorizes funding as needed for pilot projects for each 

of FY 2008-12 to develop and test strategies for:

● using program to improve diet and health status 

among eligible population 

● reducing obesity and diet-related disorders in U.S. 

population

Requires independent evaluations of all pilot projects. 

Authorized award of $5 million in grants for FY 2003-07 

for projects aimed at simplifying food stamp application 

and eligibility determination systems for improving 

access to food stamp benefits by eligible households.

Reauthorizes annual award of grants aimed at simplifying 

applications and improving access to program, subject to 

availability of appropriations.

Benefit Issuance 

Previous Legislation 2008 Farm Bill

Required Secretary of Agriculture to submit report to 

Congress on status of Federal and State efforts to 

implement Electronic Benefit Transfer (EBT) systems 

using debit cards to replace food stamp coupons as 

method of FSP benefit issuance. 

Eliminated requirement that Federal costs for EBT 

systems be less than those for paper systems. 

Relinquishes Federal obligation to redeem food stamp 

coupons and recognizes EBT cards as only method for 

accessing benefits at retail food stores upon enactment. 

Allows for exceptions to mandatory use of EBT and 

stipulates that no interchange fees be applied to program 

EBT transactions.

No similar provision. Requires States to establish within 1 year of enactment 

procedures for recovering electronically issued benefits 

from inactive benefit accounts.

No similar provision. Prohibits splitting of any household's monthly benefit into 

multiple issuances except when benefit correction is 

needed. Effective Oct 2008.

No similar provision. Defines situations when Secretary can prohibit State 

agency from recouping excess benefits inadvertently 

overpaid to households as result of major system failure. 

Effective Oct 2008.

Program Integrity 

Previous Legislation 2008 Farm Bill

The 2002 Farm Act reformed quality-control system by 

basing financial sanctions on consecutive years of high 

error rate and replacing enhanced funding for States 

with low error rates with a performance-bonus system 

based on several different measures of performance.

Extends provision.

No similar provision. Disqualifies individuals who are found by administrative 

or judicial authority to have intentionally sold or 

destroyed food purchased with program benefits in order 

to obtain cash. This includes discarding food or 

beverages to collect return deposits on their containers.

Provides more flexibility in disqualifying and fining 

retailers who violate program rules. Increases maximum 

civil money penalty to $100,000 for each violation.

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No similar provision. Prohibits disclosure of information obtained from 

applicant households for any purpose other than program 

administration and/or enforcement.

Allows use of such information to administer Federal 

assistance or Federally assisted programs.

No similar provision. Requires that consistent definitions be established for 

circumstances that would disqualify individuals sought by 

law enforcement officers in relation to criminal 

proceedings from receiving program benefits.

No similar provision. Modifies existing law to ensure civil rights compliance 

and requires program to be administered consistent with 

age discrimination, rehabilitation, and disability 

legislation.

No similar provision. Clarifies State responsibility for program administration 

in situations where program is locally administered and 

requires States to keep records demonstrating 

compliance with program rules.

Requires improvements in Federal and State monitoring 

of major operational changes that may impact program 

integrity and/or household access.

No similar provision. Requires that all State computerized systems receiving 

Federal matching funds be tested adequately before 

implementation and that they be continuously updated 

and tested.

Employment and Training

Previous Legislation 2008 Farm Bill

Authorized $110 million annually for Food Stamp 

Employment and Training (FSE&T) activities for FY 2002-

07.

Provides authorization for employment and training 

funding through program appropriations.

The 2002 Farm Act increased State flexibility in spending 

FSE&T funds and eliminated $25/month Federal 

reimbursement cap (established in 1985) for participant 

transportation and other work costs.

Places 15-month time limit for use of unspent Federal 

grant funding for employment and training.

Allows employment and training funds to be used for up 

to 90 days to provide job retention services to individuals 

who have received other employment and training 

services.

Relaxes limits on maximum hours voluntary participants 

can spend in employment and training activities.

Miscellaneous

Previous Legislation 2008 Farm Bill

Consolidated funding structure for nutrition assistance in 

Puerto Rico and American Samoa into a single block 

grant funded at $1.401 billion for FY 2003 with annual 

adjustments, based on Thrifty Food Plan.

Provides permanent authority for Puerto Rico/American 

Samoa consolidated block grant, linked to availability of 

appropriations.

No similar provision. Provides mandatory funding of $1 million to study 

feasibility of including Puerto Rico in program in lieu of 

block grant funding.

Extended Secretary's authority through FY 2007 to 

reduce matching payments to States for FSP 

administrative costs in an amount reflecting payments 

received for administration under TANF program block 

grant.

Permanently extends Secretary's authority to reduce 

program administrative cost payments.

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2008 Farm Bill Side-by-Side: Title IV: Nutrition

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Provision name:

Food Distribution Programs

The Emergency Food Assistance Program (TEFAP)

Previous Legislation 2008 Farm Bill

Increased mandatory funding for TEFAP commodity 

purchases to $140 million each year. Authorized $60 

million annually for direct and indirect costs to States 

related to processing, storing, transporting, and 

distributing commodities (including commodities 

contributed by farmers through gleaning programs) 

through FY 2007.

Sets mandatory funding for TEFAP commodity purchases at 

$190 million for FY 2008 and $250 million for FY 2009; 

indexes funding for food-price inflation for FY 2010-12.

Requires State TEFAP agencies to submit for approval an 

operation and administrative plan every 3 years (instead of 

every 4 years under prior law).

Permanently increases funding for TEFAP agency 

operations to $100 million annually and allows such funds 

to be applied to costs of administering wild-game donations.

Food Distribution Program on Indian Reservations (FDPIR)

Previous Legislation 2008 Farm Bill

Extended authorization for FDPIR through FY 2007. Amends authorization for FDPIR but continues involvement 

of tribal organizations. Prohibits simultaneous participation 

of any individual in FSP/SNAP and FDPIR and establishes 

reciprocal disqualifications in the programs. Authorizes, 

subject to appropriations, purchase of bison meat for 

distribution under FDPIR.

Authorizes $5 million annually for FY 2008-12 for fund to 

purchase and distribute traditional and locally grown foods, 

designated by region, on Indian reservations. Where 

practicable, at least 50% of food distributed through the 

fund must be produced by Native American farmers, 

ranchers, and producers. 

Requires Secretary to submit a report to Congress on 

FDPIR food package discussing its dietary adequacy and 

appropriateness for addressing nutritional needs and health 

challenges specific to Native Americans.

Commodity Supplemental Food Program (CSFP)

Previous Legislation 2008 Farm Bill

Authorized funding for FY 2003-07, modifying 

administrative funding formula to provide a specific 

reimbursement per caseload slot, subject to annual 

inflation adjustment.

Permanently extends authority for purchase and 

distribution of food under CSFP and maintains 

administrative funding formula.

Removes priority to serve women, infants, and children 

before the elderly.

Purchase of Fresh Fruits and Vegetables for Distribution

Previous Legislation 2008 Farm Bill

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Required Secretary to use a minimum of $200 million/year 

through FY 2007 to purchase additional fruits, vegetables, 

and other specialty food crops. A minimum of $50 million/

year was to be used exclusively for purchases of fresh 

fruits and vegetables to be distributed to schools 

participating in school lunch and other child nutrition 

programs. 

Authorized Department of Defense (DoD) to act as agency 

for procurement of fresh fruits and vegetables through its 

DoD Fresh Program.

Requires that Secretary procure fruits, vegetables, and 

nuts (in frozen, canned, dried, or fresh form) for use in 

domestic nutrition assistance programs using Section 32 

funds in following amounts: 

● $190 million in FY 2008

● $193 million FY 2009

● $199 million FY 2010

● $203 million FY 2011

● $206 million in FY 2012 and thereafter

Retains minimum of $50 million annually for purchase of 

fresh fruits and vegetables for use in schools and service 

institutions participating in programs under National School 

Lunch Act (NSLA). Allows that these amounts may continue 

to be spent through DoD Fresh Program.

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Provision name:

Fruit and Vegetable Promotion

Fresh Fruit and Vegetable Program

Previous Legislation 2008 Farm Bill

Amended NSLA to require pilot programs to make free 

fresh (or dried) fruits and vegetables available in a limited 

number of elementary and secondary schools in 4 States 

and 1 Indian reservation. 

Child Nutrition and WIC Reauthorization Act of 2004 made 

program permanent and included additional States and 

Indian reservations. 

Expands mandatory funding for Fresh Fruit and Vegetable 

Program with additional $40 million in FY 2008, $65 million 

in FY 2009, $101 million in FY 2010, and $150 million in FY 

2011. In July 2012 and each July thereafter, funding is to 

be adjusted for cost-of-living increases. All funds remain 

available until expended. 

Allocates funding among States under a formula 

distributing roughly half of funds equally among States and 

rest based on State population. 

Allows that participating elementary schools are to be 

selected by States with priority generally given to schools 

with highest proportion of children eligible for free or 

reduced-price school meals. Requires State agencies to 

initiate special outreach to such children.

Allows that per student grants are to be determined by 

States at levels no less than $50, or more than $75, 

annually.

Provides mandatory funding of $3 million from FY 2008 

funds and made available until end of FY 2010 to determine 

whether children participating in program increase their 

consumption of fruits and vegetables or make other dietary 

changes, such as decreased consumption of less nutritious 

food.

Healthy Food Education and School Gardening Pilot Programs

Previous Legislation 2008 Farm Bill

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2008 Farm Bill Side-by-Side: Title IV: Nutrition

No similar provision. Clarifies that nutrition education under an NSLA "farm to 

cafeteria" pilot program should promote healthy food 

education.

Gives priority to projects that can be replicated in other 

schools.

Authorizes, subject to availability of appropriations, handson gardening pilot programs at "high-poverty" schools in 

up to 5 States.

Back to top of page >>

Provision name:

Farmers' Market and Community Food Promotion 

Previous Legislation 2008 Farm Bill

Authorized annual funds of up to $5 million for Community 

Food Competitive Grants for FY 2002-07 and expanded 

definition for qualifying projects.

Continues authorization for annual funding of $5 million for 

Community Food Competitive Grants through FY 2012.

Healthy Urban Food Enterprise Development Center

Previous Legislation 2008 Farm Bill

No similar provision. Authorizes establishment of a Healthy Urban Food 

Enterprise Development Center. Provides funding of $1 

million annually in FY 2009-11 and authorizes $2 million for 

FY 2012 to increase underserved communities' access to 

healthy foods, including locally grown and produced 

agricultural products.

Directs Center to provide technical assistance and 

authorizes Center to competitively award subgrants to 

carry out feasibility studies and to establish and assist 

enterprises that process, distribute, aggregate, store, and 

market healthy, affordable foods.

Limits administrative expenses to 10% of funding.

Farmers' Market Nutrition Programs

Previous Legislation 2008 Farm Bill

Authorized $5 million in FY 2002 and $15 million/year 

through FY 2007 to implement and expand Senior Farmers' 

Market Nutrition Program to provide fresh, locally grown 

produce to low-income seniors. 

Authorized $15 million in additional funding for WIC 

Farmers' Market Nutrition Program to help participants 

obtain fresh produce from farmers' markets.

Extends authorization of Senior Farmers' Market Nutrition 

Program through FY 2012, with mandatory funding of 

$20.6 million annually.

Disallows value of any benefit provided by program to be 

considered as income or resources and prohibits collection 

of State and local sales tax on purchases of food made with 

program benefits.

Locally Produced Foods

2002-07 Legislation 2008 Farm Bill

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Directed Secretary to encourage schools participating in 

National School Lunch and School Breakfast Programs to 

purchase locally produced foods. Authorized annual funding 

of $400,000 for FY 2003-07 to provide startup grants for 

up to 200 institutions.

Directs Secretary to encourage institutions, such as 

schools, that receive funds from child nutrition programs to 

purchase unprocessed agricultural products, both locally 

grown and locally raised, to maximum extent practicable 

and appropriate. Allows use of geographic preference in 

procurement in all programs funded under NSLA, Child 

Nutrition Act, and DoD Fresh Program. 

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Provision name:

Community Food Security and Emergency Food Grants

"Hunger-Free Community" Grants

Previous Legislation 2008 Farm Bill

No similar provision. Authorizes through FY 2012, subject to appropriations, a 

"hunger-free community" grants program to award grants 

to food-program service providers and local nonprofit 

organizations (such as emergency feeding organizations) to 

make up Federal share (up to 80%) of projects that assess 

community hunger problems and meet, or develop, new 

strategies to create hunger-free communities.

Emergency Food Infrastructure Grants 

Previous Legislation 2008 Farm Bill

No similar provision. Authorizes, subject to appropriations, competitive grants 

totaling $15 million/year through FY 2012 to expand 

capacity and infrastructure of food banks to:

● improve their ability to handle perishable food 

products

● improve identification of potential providers of 

donated food

● support procurement of locally produced food from 

small family farms and ranches

Requires that 50% or more of grant funds be targeted to 

agencies that predominantly serve rural communities.

National and International Hunger Fellows

Previous Legislation 2008 Farm Bill

Reauthorized Bill Emerson National Hunger Fellows and 

Mickey Leland International Hunger Fellows programs (to 

be funded from proceeds of trust fund, gifts, and annual 

appropriations of $2.5 million).

Authorizes National And International Hunger Fellows 

through FY 2012 subject to appropriations.

Back to top of page >>

Provision name:

School Meal Issues 

Whole Grain Pilot Projects 

Previous Legislation 2008 Farm Bill

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No similar provision. Instructs Secretary to establish pilot project to purchase 

whole grains and whole-grain products for use in school 

meal programs. Requires an evaluation to determine 

whether whole-grain consumption increased and which 

products were most acceptable to schoolchildren. 

Authorizes $4 million from Section 32 funds to fund project.

Buy American

Previous Legislation 2008 Farm Bill

No similar provision. Secretary should undertake training, guidance, and 

enforcement of Buy American statutory requirements in 

NSLA and DoD Fresh Program. No authorization for 

appropriations.

Survey of School Food Purchases 

Previous Legislation 2008 Farm Bill

No similar provision. Requires Secretary to undertake nationally representative 

survey during FY 2009 of foods purchased by schools 

participating in school lunch program. Authorizes 1-time 

funding of $3 million for survey.

Funding for School Meals Program. See Title XIV, Domestic Food Assistance Programs (Section 32 Funds).

Back to top of page >>

Provision name:

Nutrition Monitoring 

Previous Legislation 2008 Farm Bill

No similar provision. Requires Secretaries of Agriculture and Health and Human 

Services to jointly monitor, conduct research on, and 

disseminate to the public information on diet, nutrition, 

physical activity, and related issues. 

Back to top of page >>

For more information, contact: Margaret Andrews

Web administration: webadmin@ers.usda.gov

Updated date: August 20, 2008 

 

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http://www.ers.usda.gov/FarmBill/2008/Titles/TitleIVNutrition.htm (10 of 10) [9/3/2008 9:51:54 AM]
2008 Farm Bill Side-by-Side: Title V: Credit

 You are here: Home / Farm Bill Resources / 2008 Farm Bill Side-By-Side / Title V: Credit 

2008 Farm Bill Side-By-Side 

Title V: Credit

Authorizes new conservation loan program, expands and enhances 

programs and preferences for beginning and socially 

disadvantaged farmers and ranchers, increases loan limits for all 

borrowers, and makes equine farmers eligible for emergency 

loans. Refines and clarifies rules governing financial obligations 

among members of Farm Credit System. Rural utility loans 

become qualifying loans under Federal Agricultural Mortgage 

Corporation (Farmer Mac) rules.

List of Key Provisions:

Farm Ownership Loans

Farming Experience (Direct Farm Ownership Loans) | Conservation Loan and Loan Guarantee Program | 

Limitations on Amount of Farm Ownership Loans | Down Payment Loan Program | Beginning Farmer or 

Rancher and Socially Disadvantaged Farmer or Rancher Contract Land Sales Program

Operating Loans

Farming Experience (Direct Farm Operating Loans) | Limitations on Amount of Operating Loans | 

Suspension of Limitation on Period for Eligibility for Guaranteed Assistance

Emergency Loans

Eligibility of Equine Farmers and Ranchers for Emergency Loans

Administrative Provisions

Beginning Farmer and Rancher Individual Development Accounts Pilot Program | Inventory Sales 

Preferences | Loan Fund Set Asides | Transition to Private Commercial or Other Sources of Credit | 

Extension of Right of First Refusal to Reacquire Homestead Property to Immediate Family Members of 

Borrower-Owner

Farm Credit

Farm Credit System Insurance Corporation Premiums and Certification of Premiums | Bank for 

Cooperatives Voting Stock | Rural Utility Loans | Equalization of Loan-Making Power of Certain Districts

Miscellaneous

Loans to Purchasers of Highly Fractionated Land

Browse A-Z List of Provisions 

● Introduction

● Title I: Commodities

● Title II: Conservation

● Title III: Trade

● Title IV: Nutrition

● Title V: Credit

● Title VI: Rural Development

● Title VII: Research

● Title VIII: Forestry

● Title IX: Energy

● Title X: Hort & Organic Ag

● Title XI: Livestock

● Title XII: Crop Insurance

● Title XIII: Commodity Futures

● Title XIV: Miscellaneous

● Title XV: Trade & Taxes

● 

● Provisions for Traditionally 

Underserved Groups

● ERS Resources

● User's Guide

● A-Z List of Provisions

● List of Provisions by Title

● Background Publications

● Farm Policy Glossary

● Previous Farm Bills

● Related Links

● Download the 2008 Farm 

Bill (1.65MB)

http://www.ers.usda.gov/FarmBill/2008/Titles/TitleVCredit.htm (1 of 6) [9/3/2008 9:52:00 AM]
2008 Farm Bill Side-by-Side: Title V: Credit

● USDA Farm Bill Site

Provision name:

Farm Ownership Loans provide direct or guaranteed loans for purchase of farms by family-sized operations 

unable to obtain sufficient credit elsewhere on reasonable terms.

Farming Experience (Direct Farm Ownership Loans)

Previous Legislation 2008 Farm Bill 

Required borrowers to participate in operation of farm or 

ranch for at least 3 years to be eligible for direct farm 

ownership loan.

Provides that any farm experience, no matter when it 

occurred, must be considered in determining whether 

applicant meets 3-year experience requirement.

Conservation Loan and Loan Guarantee Program

Previous Legislation 2008 Farm Bill 

Secretary had authority to operate direct and guaranteed 

Soil and Water Conservation and Protection Loan Program. 

Farmers unable to secure credit elsewhere were eligible for 

loans for soil and water conservation and protection 

projects. Loan size maximum was set at $50,000.

Replaces previous authority with authorities to make or 

guarantee loans used to cover costs of qualified 

conservation projects of eligible borrowers. Projects must 

be part of USDA-approved conservation plan. Eligible 

conservation plans may include projects for construction or 

establishment of conservation structures, forest and 

permanent cover, water conservation and waste 

management systems, improved permanent pasture, or 

other projects that comply with Section 1212 of Food 

Security Act of 1985, and other purposes approved by 

Secretary.

Eligible borrowers include farmers, ranchers, and other 

entities controlled by farmers and ranchers and primarily 

and directly engaged in agricultural production.

Gives priority to qualified beginning farmers, ranchers, 

socially disadvantaged farmers or ranchers, owners or 

tenants who use the loans to convert to sustainable or 

organic agricultural production systems, and producers who 

use the loans to build conservation structures or establish 

conservation practices.

Loan guarantees are 75% of principal amount of loan and 

loans are to be disbursed geographically to maximum 

extent possible. Borrowers must be unable to obtain credit 

elsewhere.

Limitations on Amount of Farm Ownership Loans

Previous Legislation 2008 Farm Bill 

Set direct loan borrowing limit at $200,000. Increases direct loan borrowing limit to $300,000.

Down Payment Loan Program 

Previous Legislation 2008 Farm Bill 

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2008 Farm Bill Side-by-Side: Title V: Credit

Direct Loan program provided down payment financing to 

beginning farmers and ranchers for farm purchases. Down 

payment loans could have been made at 4% fixed rates for 

up to 15 years at 40% of sale price appraised value.

Adds socially disadvantaged farmers or ranchers to down 

payment loan program. Also:

● establishes maximum eligible principal amount not 

to exceed 45% of purchase price, appraised value, 

or $500,000, whichever is lowest 

● ties interest rate to 4% below regular direct farm 

ownership loan rate to minimum of 1.5%

● increases maximum loan duration from 15 to 20 

years

● reduces borrower down payment requirement from 

10% to 5%

Requires Secretary to establish annual performance goals 

to promote use of this program and joint financing 

arrangements.

Beginning Farmer or Rancher and Socially Disadvantaged Farmer or Rancher Contract Land Sales 

Program 

Previous Legislation 2008 Farm Bill 

Established pilot program to guarantee up to 5 loans per 

State made by private seller of farm or ranch to qualified 

beginning farmer or rancher on contract land sale basis, if 

loan met applicable underwriting criteria and commercial 

lending institution agreed to serve as escrow agent.

Expands program to include socially disadvantaged farmers 

or ranchers; makes it permanent and nationwide; and sets 

minimum down payment for participants of 5%, maximum 

purchase price of $500,000, and loan period of 10 years. 

Offers sellers choice of guarantee options.

Back to top of page >>

Provision name:

Operating Loans provide direct or guaranteed loans for operating expenses of family-sized farms or ranches for 

operators unable to obtain sufficient credit elsewhere on reasonable terms.

Farming Experience (Direct Farm Operating Loans)

Previous Legislation 2008 Farm Bill 

Required borrowers to participate in operation of farm or 

ranch for at least 3 years to be eligible for direct farm 

operating loan.

Provides that any farm experience, no matter when it 

occurred, must be considered in determining whether 

applicant meets 3-year experience requirement.

Limitations on Amount of Operating Loans

Previous Legislation 2008 Farm Bill 

Set direct Loan borrowing limit at $200,000. Increases borrowing limit to $300,000.

Suspension of Limitation on Period for Eligibility for Guaranteed Assistance

Previous Legislation 2008 Farm Bill 

Waived eligibility time limits on guaranteed operating loans 

through May 2008. Borrowers with direct operating loans 

were eligible, case-by-case, for a 1-time waiver for 2 

additional years of eligibility.

Extends waiver of limitation on number of years that 

borrowers are eligible to receive guaranteed assistance on 

operating loans through Dec 31, 2010.

Back to top of page >>

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2008 Farm Bill Side-by-Side: Title V: Credit

Provision name:

Emergency Loans provide emergency loans to help producers recover from production and physical losses due to 

drought, flooding, other natural disasters, or quarantine.

Eligibility of Equine Farmers and Ranchers for Emergency Loans

Previous Legislation 2008 Farm Bill 

No similar provision. Specifies eligibility of certain equine farmers and ranchers 

for emergency loans, subject to all relevant eligibility 

requirements, including inability to obtain credit elsewhere.

Back to top of page >>

Provision name:

Administrative Provisions 

Beginning Farmer and Rancher Individual Development Accounts Pilot Program 

Previous Legislation 2008 Farm Bill 

No similar provision. Establishes New Farmer Individual Development Account 

(IDA) Pilot Program, which provides for matching-funds 

savings accounts for beginning farmers or ranchers to be 

used for specified farming-related expenses. Program to be 

administered by FSA in at least 15 States. Authorizes 

funding for program through FY 2012.

Grants for savings accounts to be administered through 

contract with qualified entity and will require:

● monthly deposit into personal savings by eligible 

participant

● agreement on eligible expenditures for which 

savings will be used when contract is completed

● agreement on level of matching of at least 100%, 

but not more than 200%, of participant's savings

Requires savings-account entities to provide 50% nonFederal match of their grant. Entities may use up to 10% of 

Federal match for administrative expenses.

Defines eligible beginning farmers and ranchers as those 

that lack significant assets and have an income that is 

either below 80% of State's median or below 200% of 

State's poverty income guidelines. Eligible participants 

cannot receive more than $6,000 in matching funds for 

each fiscal year of contract. Participants must also 

complete financial training established by qualified entity.

Inventory Sales Preferences 

Previous Legislation 2008 Farm Bill 

Beginning farmers have preference to buy FSA inventory 

farm property for 135 days before it was offered for sale to 

other buyers. Inventory properties were to be divided or 

combined to make them more suitable for these borrowers.

Extends preference to buy FSA inventory property in first 

135 days to socially disadvantaged farmers or ranchers. If 

more than 1 eligible socially disadvantaged or beginning 

farmer offers to purchase the same property in first 135 

days, buyer is to be chosen randomly.

Loan Fund Set Asides 

Previous Legislation 2008 Farm Bill 

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Reserved 70% of available funds for direct ownership loans 

for beginning farmers and ranchers, of which 60% were 

reserved for down payment loans. Also reserved 25% of 

available funds for guaranteed ownership loans and 35% of 

funds for direct operating loans for beginning farmers and 

ranchers annually.

Increases loan funds reserved for beginning farmers and 

ranchers to 75% for direct farm ownership loans, of which 

two-thirds are reserved for down payment loans and joint 

financing arrangements. Also reserves 40% of guaranteed 

farm ownership loans and 50% of direct operating loans for 

beginning farmers and ranchers.

Transition to Private Commercial or Other Sources of Credit 

Previous Legislation 2008 Farm Bill 

No similar provision. Requires that regulations be established to encourage 

transitioning of borrowers to other sources of credit, 

including private commercial credit, in shortest practicable 

period of time.

Extension of Right of First Refusal to Reacquire Homestead Property to Immediate Family Members 

of Borrower-Owner

Previous Legislation 2008 Farm Bill 

Consolidated Farm and Rural Development Act of 1990 

established right of first refusal of borrower-owner to 

reacquire homestead property.

Extends right of first refusal to reacquire homestead 

property to immediate family members of a socially 

disadvantaged farmer or rancher borrower. Eliminates right 

of first refusal to reacquire homestead property for farmer 

or rancher borrowers who are not members of socially 

disadvantaged groups.

Back to top of page >>

Provision name:

Farm Credit governs aspects of Farm Credit System (FCS), a combination of cooperatively owned financial 

institutions that specialize in providing credit for farms, farmer-owned cooperatives, and rural housing.

Farm Credit System Insurance Corporation Premiums and Certification of Premiums

Previous Legislation 2008 Farm Bill 

Specified that computation method for assessments by 

each FCS bank on any of its associations or other financing 

institutions should be same as that used to compute 

premium payment and should not exceed sum of 4 

different factors specified in the Act.

Changes method that each FCS bank must use to assess 

associations and other financing institutions to cover costs 

of making Farm Credit System Insurance Corporation

premium payments. Requires that assessments on lenders 

be computed in an "equitable manner" and that premiums 

be based on average outstanding insured debt. Makes 

multiple technical changes in methods for calculating 

premium amounts, in premium payment processes, and in 

recordkeeping requirements.

Bank for Cooperatives Voting Stock

Previous Legislation 2008 Farm Bill 

No similar provision. Authorizes bank for cooperatives board to determine terms 

and conditions for issuance and transfer of bank voting 

stock to bank for cooperatives customers and other FCS 

associations.

Rural Utility Loans 

Previous Legislation 2008 Farm Bill 

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2008 Farm Bill Side-by-Side: Title V: Credit

No similar provision. Allows rural utility loans for electric or telephone facilities to 

be considered as "qualified loans" under Federal 

Agricultural Mortgage Corporation (Farmer Mac) rules.

Equalization of Loan-Making Power of Certain Districts

Previous Legislation 2008 Farm Bill 

No similar provision. Equalizes lending authorities among FCS associations in 

Alabama, Mississippi, and Louisiana. Allows Federal land 

banks or credit associations to make short- and 

intermediate-term loans, and allows production credit 

associations to make long-term loans. 

Back to top of page >>

Provision name:

Miscellaneous 

Loans to Purchasers of Highly Fractionated Land

Previous Legislation 2008 Farm Bill 

No similar provision. Provides for discretionary authority to make and insure 

loans to eligible purchasers of highly fractioned lands in 

relation to relevant provisions of Indian Land Consolidation 

Act. Eligible purchasers are Indian tribal members.

Back to top of page >>

For more information, contact: Farm policy team

Web administration: webadmin@ers.usda.gov

Updated date: August 20, 2008 

 

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http://www.ers.usda.gov/FarmBill/2008/Titles/TitleVCredit.htm (6 of 6) [9/3/2008 9:52:00 AM]
2008 Farm Bill Side-by-Side: Title VI: Rural Development

 You are here: Home / Farm Bill Resources / 2008 Farm Bill Side-By-Side / Title VI: Rural Development 

2008 Farm Bill Side-By-Side 

Title VI: Rural Development

Funds planning, coordination, and implementation of rural 

community and economic development programs. Emphasizes 

value-added agricultural activities, including renewable energy and 

locally and regionally produced agricultural products. Funds water 

and waste disposal application backlog. Prioritizes broadband 

expansion to underserved areas. Establishes a regional 

collaborative investment program. Revises definition of "rural" for 

program eligibility.

List of Key Provisions:

Water and Waste Facilities and Community Programs

General Water and Waste Program Provisions | For Very Small Communities | For Nonprofit Organizations | 

Circuit Rider Program | For Alaskan and Native American Communities | Special-Purpose Community 

Programs | Coordinator for Chronically Underserved Rural Areas

Communication and Information Programs

Telemedicine and Distance Learning | Broadband Programs | Local Television Access Programs | Surplus 

USDA Computers for Rural Areas

Promoting Value-Added Agriculture

Business and Industry Program Changes | Value-Added Agricultural Product Marketing Development Grants

| Appropriate Technology Transfer Program for Rural Areas | Transportation Study | Farm Labor Housing 

Program | Related Programs

Rural Electric Programs

Energy Efficiency and Renewable Energy Programs | Review of Bonding Requirements | Study on Rural 

Power Generation Needs

General Business Assistance Programs

Existing Programs | New Small Business Programs

Regional Development

Miscellaneous Programs | National Rural Development Partnership (NRDP) | Regional Authorities | 

Resource, Conservation, and Development Program | Northern Border, Southeast Crescent, and Southwest 

Border Commissions

Definitions

Definition of Rural | Other Definition Changes

Browse A-Z List of Provisions

● Introduction

● Title I: Commodities

● Title II: Conservation

● Title III: Trade

● Title IV: Nutrition

● Title V: Credit

● Title VI: Rural 

Development

● Title VII: Research

● Title VIII: Forestry

● Title IX: Energy

● Title X: Hort & Organic Ag

● Title XI: Livestock

● Title XII: Crop Insurance

● Title XIII: Commodity Futures

● Title XIV: Miscellaneous

● Title XV: Trade & Taxes

● 

● Provisions for Traditionally 

Underserved Groups

● ERS Resources

● User's Guide

● A-Z List of Provisions

● List of Provisions by Title

● Background Publications

● Farm Policy Glossary

● Previous Farm Bills

● Related Links

● Download the 2008 Farm 

http://www.ers.usda.gov/FarmBill/2008/Titles/TitleVIRural.htm (1 of 8) [9/3/2008 9:52:10 AM]
2008 Farm Bill Side-by-Side: Title VI: Rural Development

Bill (1.65MB)

● USDA Farm Bill Site

Provision name:

Water and Waste Facilities and Community Programs

General Water and Waste Program Provisions

Previous Legislation 2008 Farm Bill 

Authorized $360 million of CCC funds for a 1-time 

reduction in backlog of qualified, pending applications for 

water and waste disposal grants and loans and emergency 

community water assistance. These funds were used in FY 

2002.

Authorizes $120 million in CCC funds for same purpose. 

Priority for this funding goes first to water systems and 

next to waste disposal systems. 

Ties interest rates for new intermediate and poverty-rate 

water and waste-disposal loans to current market rate. 

Change increases subsidy on such loans. 

For Very Small Communities

Previous Legislation 2008 Farm Bill 

Amended Emergency Community Water Assistance 

Program, allowing grants aimed at forestalling imminent 

decline in water quality and quantity. Program helped very 

small rural communities comply with water pollution and 

drinking water regulations.

Authorizes appropriations for FY 2008-12.

Authorized creation of SEARCH (Special Evaluation 

Assistance for Rural Communities and Households) Grants 

program to help small communities (under 3,000) prepare 

feasibility and environmental studies required to meet 

environmental standards. Program was not subsequently 

funded.

Limits eligibility to communities that have populations of no 

more than 2,500 and are subject to financial distress. 

Funding is limited to 4% of money available for water and 

waste-disposal and essential community facilities 

programs. Grants fund up to 100% of project costs and 

they are subject to minimal documentation requirements.

For Nonprofit Organizations

Previous Legislation 2008 Farm Bill 

Authorized program that assisted homeowner water well 

systems.

Continues homeowner water well-systems program, 

increasing amount that can be spent on each well from 

$8,000 to $11,000.

Creates new program to provide grants to nonprofit 

organizations, with aim of expanding job opportunities for 

individuals with disabilities who live in rural areas.

Circuit Rider Program

Previous Legislation 2008 Farm Bill 

Authorized Rural Water Circuit Rider Program, based on a 

preexisting contract program, to provide technical 

assistance for daily operations of rural water systems.

Extends Circuit Rider Program, and increases authorization 

for appropriations to $25 million/year for FY 2008-12.

For Alaskan and Native American Communities

Previous Legislation 2008 Farm Bill 

Set asides had been targeted to specific places, including 

Alaskan and Native American projects. 2002 Farm Act 

authorized creation of more formal program providing 

grants for water systems in Alaskan villages and for water 

and waste facilities in Native American communities.

Extends aid to rural and native villages in Alaska.

Authorizes funding for Denali Commission to give out 

grants for solid-waste disposal systems that lessen solidwaste contamination of water.

Special-Purpose Community Programs

Previous Legislation 2008 Farm Bill 

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Authorized creation of several new programs focusing on 

specific types of community services and facilities and 

specific places:

● Rural Firefighters and Emergency Medical Personnel 

Training Program

● Historic Barn Preservation Grants

● Community Facilities Grants to Tribal Colleges and 

Universities

Only Tribal program was funded.

Extends authorizations for these programs for FY 2008-12.

For the rural firefighters/emergency medical assistance 

program, changes eligibility to exclude for-profit entities, 

redefines program purposes, and reduces amount of 

allowable administrative expenses. 

Changes qualifications for Historic Barn Preservation Grants 

to emphasize projects that identify, document, research, 

and review evaluation methods and best practices. 

Changes Tribal College and University Essential Community 

Facilities program to prohibit Secretary from requiring more 

than 5% of funding from non-Federal sources. 

Authorizes Secretary of Housing and Urban Development to 

provide financial assistance to Housing Assistance Council 

(HAC) to support community-based housing development 

organizations' community development and affordable 

housing projects and programs in rural areas. 

Coordinator for Chronically Underserved Rural Areas. See Title XIV, Coordinator for Chronically 

Underserved Rural Areas.

Back to top of page >>

Provision name:

Communication and Information Programs

Telemedicine and Distance Learning

Previous Legislation 2008 Farm Bill 

Reauthorized Telemedicine and Distance Learning Program. 

USDA made grants and loans to assist rural communities 

with construction of facilities that provide distance learning 

and telemedicine services.

Authorized funding of $100 million annually. More than 

$170 million in grants have been awarded since 2002.

Reauthorizes program through FY 2012.

Creates new program to improve technical infrastructure of 

rural health care facilities. Creates new grant program 

aimed at improving information technology in rural 

hospitals and other health centers.

Specifically authorizes assistance to public libraries in rural 

areas, in addition to existing coverage for telemedicine and 

distance learning.

Broadband Programs

Previous Legislation 2008 Farm Bill 

Authorized grants, loans, and loan guarantees for 

improving access to broadband telecommunications 

services in rural areas. Funds would be for construction, 

improvement, and purchase of equipment and facilities for 

rural broadband service in eligible communities (no more 

than 20,000 inhabitants).

Since 2002, $1.22 billion in loans have been approved 

covering 1,263 communities with total 582,000 household 

subscribers in 40 States.

Reauthorizes program while making several changes that 

redefine eligibility and prioritization. Authorizes 

appropriation of $25 million annually for FY 2008-12. 

Directs Secretary to develop a national rural broadband 

strategy.

Authorizes a National Center for Rural Telecommunications 

Assessment.

Local Television Access Programs 

Previous Legislation 2008 Farm Bill 

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Authorized $80 million in loan guarantees for delivery of 

local broadcast television station signals to satellite 

television subscribers in unserved and underserved local 

television markets. Funds were available until Dec 31, 

2006.

Authorizes funding to assist public TV stations in their 

transition to digital broadcasting.

Surplus USDA Computers for Rural Areas. See Title XIV, Excess and Surplus USDA Computers to Rural 

Areas.

Back to top of page >>

Provision name:

Promoting Value-Added Agriculture

Business and Industry Program Changes

Previous Legislation 2008 Farm Bill 

Amended rules for Rural Business and Industry Loan 

Guarantee program and Rural Business Enterprise Grants 

to allow greater program participation for producers, firms, 

and cooperatives that produce value-added agricultural 

goods.

Broadened eligibility to include more types of renewableenergy systems, such as wind energy and anaerobic 

digesters.

Gives priority to loans and loan guarantees for locally or 

regionally produced food projects with components 

benefiting underserved communities. At least 5% of 

program funds must be reserved until April 1 each year for 

projects promoting locally or regionally produced 

agricultural products. 

Value-Added Agricultural Product Marketing Development Grants

Previous Legislation 2008 Farm Bill 

Authorized Value-Added Agricultural Product Marketing 

Development Grants, with expanded eligibility.

Funded new Agriculture Innovation Center Demonstration 

Program to provide technical assistance, business and 

marketing planning, and other nonfinancial assistance to 

value-added businesses. 

Mandatory funding of $15 million available on Oct 1, 2008 

from Commodity Credit Corporation (CCC) for use until 

expended. Establishes priority for socially disadvantaged 

and new farmers. 10% of funding shall be reserved for 

projects benefiting beginning or socially disadvantaged 

farmers and ranchers, and 10% shall be reserved for 

projects developing mid-tier value chains. 

Authorizes appropriations for Agriculture Innovation Center 

Demonstration Program. 

Appropriate Technology Transfer Program for Rural Areas

Previous Legislation 2008 Farm Bill 

Existing program funded a nonprofit organization that 

provided information and technical assistance to farmers 

on a variety of sustainable agricultural practices.

Makes permanent existing program, with modifications 

focusing on reduced input costs, conserving energy 

resources, diversifying through new energy crops and 

generation facilities, and expanding agricultural commodity 

markets for producers using practices that enhance 

environment, natural resource base, and quality of life. 

Defines several specific characteristics of organization to 

provide assistance to farmers.

Transportation Study

Previous Legislation 2008 Farm Bill 

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2008 Farm Bill Side-by-Side: Title VI: Rural Development

No similar provision. Mandates study by Departments of Transportation and 

Agriculture to examine importance of freight transportation 

(railroad, barge, and truck) for agriculture products, 

renewable fuels, and electricity, and to address other 

transportation issues important for rural community and 

economic development. Requires report to Congress 1 year 

after date of enactment.

Farm Labor Housing Program

Previous Legislation 2008 Farm Bill

Provided low interest loans or grants for construction and 

improvement of housing for farm labor.

Broadens eligibility for farm labor housing program to 

include projects for low-income individuals who receive a 

substantial portion of income from processing agricultural 

or aquacultural commodities.

Related Programs. See Title I, Geographically Disadvantaged Farmers and Ranchers; Title IX, Biorefinery 

Assistance, Rural Energy for America Program, and Rural Energy Self Sufficiency Initiative; and Title XI, 

National Sheep Industry Improvement Center.

Back to top of page >>

Provision name:

Rural Electric Programs

Energy Efficiency and Renewable Energy Programs

Previous Legislation 2008 Farm Bill 

Rural Utility Service (RUS) authorized to guarantee loans 

made by Federal Financing Bank for its electrification and 

telephone programs.

Clarifies that loans can be made for energy efficiency 

purposes. Redefines eligible renewable energy sources as 

energy conversion systems fueled from solar, wind, 

hydropower, biomass, or geothermal sources. Authorizes 

deferment of principal and interest payments on existing 

loans so that borrowers can make loans to residential, 

commercial, and industrial consumers to install energyefficient measures or devices that reduce demand on 

electric systems for 60 months. 

Allows direct lending from U.S. Department of Treasury as 

an alternative to financing through Federal Financing Bank.

Allows loans to be made for projects that resell electricity 

generated by renewable energy to both rural and non-rural 

residents. 

Allows RUS to make loans to rural electric cooperatives for 

electric generation from renewable energy sources. 

See Title IX, Rural Energy for America Program and Rural 

Energy Self Sufficiency Initiative for related program 

information. 

Review of Bonding Requirements

Previous Legislation 2008 Farm Bill 

Rising cost of labor and materials for major electric 

generation and transmission projects led to higher costs of 

Surety and Performance Bonds, keeping some contractors 

from bidding on projects and detracting from program 

performance.

Authorizes Secretary to review bonding requirements for all 

RUS Rural Electric Act programs to assure Federal interests 

are protected by product warrantees and costs do not 

exceed benefits of bonds.

Study on Rural Power Generation Needs 

Previous Legislation 2008 Farm Bill 

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2008 Farm Bill Side-by-Side: Title VI: Rural Development

No similar provision. Mandates study on electric power generation needs of rural 

areas, looking at rural electric cooperatives' issues, 

financing issues, impact of electricity costs on consumers 

and local economic development, and ability of fuel 

feedstock technology to meet regulatory requirements, 

such as carbon capture and sequestration.

Back to top of page >>

Provision name:

General Business Assistance Programs

Existing Programs 

Previous Legislation 2008 Farm Bill

As of FY 2007, Business Industry Loan Guarantee Program 

was the largest of USDA's general-business programs 

authorized to grant loans to assist rural businesses.

These programs, aiding a wide variety of rural businesses, 

were reauthorized in 2002 Farm Act.

See previous section for changes in Business and Industry 

program.

Modifies Rural Cooperative Development Grants rules to 

lead to more networking and multi-State/multi-organization 

approaches, while reserving up to 20 percent of 

appropriated funds for organizations that serve the socially 

disadvantaged. Provides authority to award multi-year 

grants.

Continues authorization of appropriations for several 

business programs.

New Small Business Programs 

Previous Legislation 2008 Farm Bill 

2002 Act authorized creation of a new venture capital 

program, Rural Business Investment Program (RBIP), to 

license and provide seed capital to companies making 

equity investments in rural businesses, with emphasis on 

smaller businesses. This program, operated by Small 

Business Administration, licensed its first rural business 

investment company in 2006. Funding was rescinded at 

end of FY 2006.

Modifies fee structure for Rural Business Investment 

Program. 

Authorizes Rural Microentrepreneur Assistance Program to 

offer grants and loans to qualified microenterprisedevelopment organizations providing technical assistance, 

training, grants, and small loans to rural 

microentrepreneurs. Provides $15 million in CCC 

mandatory funding ($4 million annually for FY 2009-11 and 

$3 million for FY 2012). 

Back to top of page >>

Provision name:

Regional Development

Miscellaneous Programs

Previous Legislation 2008 Farm Bill 

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2008 Farm Bill Side-by-Side: Title VI: Rural Development

USDA has operated several small-scale rural development 

programs that are regional (or multi-county) in nature, 

including Empowerment Zone/Enterprise Community 

program (EZ/EC), Rural Economic Area Partnership (REAP) 

Initiative, and Rural Community Development Initiative 

(RCDI).

2002 Farm Act authorized two new nationwide programs:

● Rural Strategic Investment Program (RSIP) to fund 

regional investment boards that plan and implement 

comprehensive regional development strategies 

● Multijurisdictional Regional Planning Organizations 

Program to fund regional organizations to assist 

local governments and organizations involved in 

local development 

Neither program was funded.

Continues authorization for existing Rural Economic Area 

Partnerships (REAPs) in New York, North Dakota, and 

Vermont, through FY 2012. No new REAPs are authorized.

Makes no provisions for empowerment zones or Rural 

Community Development Initiative.

Replaces RSIP with Rural Collaborative Investment 

Program (RCIP). RCIP funds a "National Institute" to 

provide technical assistance in administering program. 

Adds rural heritage to program goals.

Makes no provision for multijurisdictional planning program.

Creates new health-care-services grants aimed at 

consortiums of regional institutions to allow them to 

develop health-related services, education, and training 

programs, and public health facilities in Mississippi Delta 

region.

National Rural Development Partnership (NRDP) and its State Rural Development Councils identify rural 

development issues of importance and coordinate Federal and State programs affecting rural development at 

State level.

Previous Legislation 2008 Farm Bill 

2002 Farm Act made NRDP a Federal program, but no 

money was appropriated for it. NRDP continued to operate 

and relied on other funding sources, as it has since the 

1990s.

Extends authority to appropriate funds for NRDP for FY 

2008-12.

Regional Authorities are Federal-State partnerships that promote economic development in their regions.

Previous Legislation 2008 Farm Bill 

Reauthorized Delta Regional Authority (DRA). DRA 

continued operating with Federal funding.

Extends and expands DRA, adding new counties to region.

Authorized creation of new regional authority covering 

Northern Great Plains region. Northern Great Plains 

Regional Authority (NGPRA) was unable to spend Federal 

funds received because a Federal Co-Chair was not 

appointed.

Continues authorization for NGPRA, with provisions to 

expedite authority's startup if Federal and Indian 

representatives are not confirmed quickly. Promotes 

assistance for NGPRA on particular regional economic 

issues, such as renewable energy, transportation, land 

management, higher education, and information 

technology. Grants could go to both local and multi-State 

entities. Adds some Missouri counties to region.

Resource Conservation and Development Program provides a regional (multi-county) approach to 

development with an emphasis on natural resources and conservation. See Title II, Resource Conservation and 

Development Program (RC&D). 

Northern Border, Southeast Crescent, and Southwest Border Commissions to be established. See Title 

XIV, Regional Infrastructure and Economic Development. 

Back to top of page >>

Provision name:

Definitions

Definition of Rural 

Previous Legislation 2008 Farm Bill 

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USDA's rural development programs employed various 

measures of rurality, which were used to determine 

program eligibility status. These definitions varied from 

program to program. They are important because they 

affect geographic distribution of USDA's rural development 

program assistance. 

Retains standard definition of "rural" used for business and 

some other programs that excludes cities of 50,000 or 

more and any urbanized area contiguous and adjacent to 

city of 50,000 or more. Exceptions are made for narrow 

strips of urbanized areas and Honolulu and Puerto Rico.

Treats as rural certain fringe areas in urbanized areas.

Gives USDA Under Secretary for Rural Development ability 

to determine if urbanized area is rural in character 

For rural electrification assistance programs, rural areas 

are defined as excluding city or town of 20,000 or more, or 

are within service area of borrower who has an outstanding 

loan made under Titles I through V of Rural Electric Act.

Eligibility for water and waste disposal loans and grants 

and community facilities programs is unchanged. Retains 

definition of rural for community facilities program by 

excluding cities or towns in excess of 20,000. Gives 

Secretary authority to also exclude areas excluded by the 

business programs definition. Gives Secretary power to 

exclude from the definition of rural certain areas of urban 

sprawl.

Requires that USDA produce a report in 2 years to clarify 

USDA's "rural" and "rural area" definitions, effects on USDA 

programs, and recommendations on how better to target 

funds for rural development. 

Other Definition Changes

Previous Legislation 2008 Farm Bill 

Various RUS programs gave priority to substantially 

underserved areas when awarding grants and loans for 

infrastructure.

Defines "substantially underserved trust areas" as Native 

American trust lands where more than 20% of population 

does not have electric, telecommunications, broadband, or 

water service. Secretary may offer such areas lower 

interest rate loans and waive nonduplication of service 

requirements.

Back to top of page >>

For more information, contact: Rick Reeder

Web administration: webadmin@ers.usda.gov

Updated date: August 20, 2008 

 

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http://www.ers.usda.gov/FarmBill/2008/Titles/TitleVIRural.htm (8 of 8) [9/3/2008 9:52:10 AM]
2008 Farm Bill Side-by-Side: Title VII: Research and Related Matters

 You are here: Home / Farm Bill Resources / 2008 Farm Bill Side-By-Side / Title VII: Research and Related Matters 

2008 Farm Bill Side-By-Side 

Title VII: Research and Related Matters

Reorganizes USDA research coordination with new National 

Institute of Food and Agriculture and new Research, Education, 

and Extension Office. Authorizes research initiatives for specialty 

and organic crops, bioenergy, nutrition, and pollinators, and 

revises high-priority research areas. Increases role of competitive 

funding for most programs, including Smith-Lever extension 

funds. Increases funding authorization for 1890 institutions and 

broadens eligibility for grants to improve funding equity.

List of Key Provisions:

Research Management and Coordination

National Institute of Food and Agriculture (NIFA) | Research, Education, and Extension Office (REEO) | 

Research Planning and Review | National Agricultural Research, Extension, Education, and Economics 

Advisory Board (NAREEEAB) | Agricultural Research Facility Funding

Research and Extension Funding

Agriculture and Food Research Initiative (AFRI) | Cap on Indirect Costs | Budget Submission and Funding

High-Priority Research and Extension Initiatives

Initiatives for Competitive Grants | Pollinator Research

Funding and Administration of Education-Related Institutions

Land Grant Institutions - 1862 and 1890 Institutions | Other Minority-Serving Land Grant Institutions | 

Non-Land Grant Universities and Colleges of Agriculture | Other Types of Institutions | International 

Agricultural Research, Extension, and Education | Amendments to Existing Authorities

Specialty Crops

Organic Agriculture

Rural Development

Competitive Grants for Research to Assist Farmers | Beginning Farmer and Rancher Development Program

| Grants to Rural Community Colleges

Bioenergy Research

Bioterrorism/Biosecurity

Biotechnology

Biotechnology Risk Assessment Research | Research and Development for Developing Countries

Miscellaneous Provisions

Nutrition | New Grants and Research Programs | Other New Provisions | Repeals and Terminations | 

Amendments to Existing Legislation

● Introduction

● Title I: Commodities

● Title II: Conservation

● Title III: Trade

● Title IV: Nutrition

● Title V: Credit

● Title VI: Rural Development

● Title VII: Research

● Title VIII: Forestry

● Title IX: Energy

● Title X: Hort & Organic Ag

● Title XI: Livestock

● Title XII: Crop Insurance

● Title XIII: Commodity Futures

● Title XIV: Miscellaneous

● Title XV: Trade & Taxes

● 

● Provisions for Traditionally 

Underserved Groups

● ERS Resources

● User's Guide

● A-Z List of Provisions

● List of Provisions by Title

● Background Publications

● Farm Policy Glossary

● Previous Farm Bills

● Related Links

● Download the 2008 Farm 

Bill (1.65MB)

http://www.ers.usda.gov/FarmBill/2008/Titles/TitleVIIResearch.htm (1 of 14) [9/3/2008 9:52:24 AM]
2008 Farm Bill Side-by-Side: Title VII: Research and Related Matters

Research Provisions in Other Titles

Agricultural Biosecurity Planning, Preparedness, and Response | Agricultural Biosecurity Grants | Biomass 

Research and Development Act

Browse A-Z List of Provisions

● USDA Farm Bill Site

Provision name:

Research Management and Coordination

National Institute of Food and Agriculture (NIFA) 

Previous Legislation 2008 Farm Bill 

No similar provision. Establishes NIFA to administer research funds and 

programs that have been administered by USDA's 

Cooperative State Research, Education, and Extension 

Service (CSREES). Includes capacity and infrastructure 

programs, competitive programs, cooperative State 

research programs, cooperative extension programs, 

education programs, and all other CSREES authorities. 

NIFA replaces CSREES as of Oct 1, 2009. 

NIFA Director is appointed by President to 6-year term and 

can be reappointed to additional 6-year term. Director is 

responsible for:

● organizing offices within NIFA to administer 

research, extension, and education programs

● carrying out research, education, and extension 

activities of USDA

● ensuring that NIFA carries out research priorities of 

Under Secretary for Research, Education, and 

Economics (REE)

● determining appropriate balance between 

fundamental and applied research

● promoting use of competitive grants

Research, Education, and Extension Office (REEO)

Previous Legislation 2008 Farm Bill 

Authorized and encouraged Secretary of Agriculture to 

jointly issue requests for proposals, establish joint peer 

review panels, and award grants with other Federal 

agencies to reduce duplication of research and 

administrative functions.

Authorizes REE Under Secretary, who holds the title Chief 

Scientist of the Department and is an appointee with 

training or experience in agricultural research, education, 

and economics, to perform the following research 

coordination duties: 

● identify, address, and prioritize REE needs

● coordinate REE programs across disciplines, 

agencies, and institutions and among applicable 

beneficiaries

● promote collaborative use of REE resources

● foster communication among REE beneficiaries

To assist in these duties, requires Chief Scientist to 

establish REEO out of existing appropriations. REEO 

allocates no more than 30 full-time equivalent staff among 

following 6 divisions: 

● renewable energy, natural resources, and 

environment

● food safety, nutrition, and health 

● plant health and production and plant products

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● animal health and production and animal products

● agricultural systems and technology

● agricultural economics and rural communities

Requires each division to be led by Division Chief, selected 

for a term of no more than 4 years in a way that promotes 

professional development of USDA employees, interaction 

among USDA agencies, and rotation between REEO and 

USDA agency employment. 

Research Planning and Review

Previous Legislation 2008 Farm Bill 

Required USDA's Agricultural Research Service (ARS) to 

undergo comprehensive review of its purpose, efficiency, 

effectiveness, and impact on agricultural research. 

Secretary was to appoint task force, to report before June 

2003. 

Directs REE Under Secretary to prepare roadmap for 

agricultural research, education, and extension. Requires 

roadmap to identify current trends and constraints in 

research, identify major research opportunities and gaps, 

and recommend funding levels for research, education, and 

extension. Limits review of roadmap to Secretary. Requires 

preparation of roadmap to commence within 90 days of 

enactment with help of REEO, and publication and 

implementation of roadmap within 1 year. 

National Agricultural Research, Extension, Education, and Economics Advisory Board (NAREEEAB)

Previous Legislation 2008 Farm Bill 

Required NAREEEAB to review policy and provide 

consulting to Secretary and land grant institutions, as well 

as provide expertise to House and Senate committees 

related to agriculture and forestry. 

Added board member from non-Land Grant college or 

university with food and agriculture commitments.

Reduces number of board members from 31 to 25, and 

eliminates members representing: 

● national animal commodity organization 

● national crop commodity organization 

● scientific community not closely associated with 

agriculture

● USDA agency lacking research capabilities

● non-USDA Federal research agency

● national organization directly concerned with 

agricultural research, education, and extension 

Increases limit on necessary expenses for board from 

$350,000 to $500,000. 

Agricultural Research Facility Funding

Previous Legislation 2008 Farm Bill 

Authorized Secretary to make competitively awarded 

"Research Equipment Grants" of $500,000 or less per 

institution for special research equipment to colleges, 

universities, and State agricultural extension services 

engaged in food and agricultural science. Purchases 

through these grants could not be charged as indirect costs 

for Federal grants or accounting purposes.

Provisions extended until 2012.

No similar provision. Allows Secretary to establish 5-year pilot program to lease 

nonexcess real property at Beltsville Agricultural Research 

Center and National Agricultural Library. Secretary to 

provide biennial reports on this program beginning no later 

than 1 year after enactment of this Act.

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Provision name:

Research and Extension Funding 

Agriculture and Food Research Initiative (AFRI)

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Previous Legislation 2008 Farm Bill 

Authorized annual appropriations of $500 million in 

National Research Initiative (NRI) competitive grants 

funding through fiscal year (FY) 2007. 

Provided mandatory CCC funding for Initiative for Future 

Agriculture and Food Systems (IFAFS) funding levels at 

$120 million/year in FY 2004, $140 million in FY 2005, 

$160 million in FY 2006, and $200 million/fiscal year 

thereafter. However, funding was not made available 

pursuant to subsequent direction from Congress.

Provides competitive grant funding under AFRI for 

fundamental and applied research, extension, and 

education to address food and agricultural sciences. AFRI 

combines authorities of previous NRI and IFAFS programs.

Authorizes annual appropriations of $700 million for grants 

in FY 2008-12. AFRI funds are available for obligation for 2-

year period beginning in fiscal year for which funds are first 

made available, and will remain available until expended 

for obligations within that 2-year period. Secretary can 

retain no more than 4% for administrative costs.

Grants are awarded on basis of merit, quality, and 

relevance and limited to terms of 10 years. Priority areas 

for these grants include: 

● plant health and production and plant products 

● animal health and production and animal products

● food safety, nutrition, and health

● renewable energy, natural resources, and 

environment

● agriculture systems and technology

● agriculture economics and rural communities

Directs 60% of AFRI funds allocated to research activities 

toward grants for fundamental (or basic) research, and 

40% of funds allocated to research toward applied 

research. Directs 30% of AFRI fundamental research grants

toward research by multidisciplinary teams. Authorizes 

Secretary to direct AFRI funds for development of 

capabilities in agricultural, food, and environmental 

sciences through grants to:

● institutions to allow for improvement of research, 

development, technology transfer, and education 

capacity; with not less than 25% of funds set aside 

for fellowships for pre- and post-doctoral 

researchers in agricultural science

● beginning researchers fewer than 5 years from their 

initial career track positions

● small, mid-sized, and minority-serving institutions 

previously unsuccessful in obtaining competitive 

grants

● institutions in States that have been unsuccessful in 

obtaining grants based on 3-year rolling average of 

funding levels

Requires AFRI recipients to provide matching funds for 

applied research that is commodity specific and less than 

national in scope. Equipment purchases also require 

matching funds, but Secretary can waive this requirement 

for purchases under $25,000 by institutions in lower 1/3 of 

Federal funds received if equipment has multiple uses. 

Limits research equipment purchases to not more than 2% 

of AFRI funds for fundamental research and prohibits use of 

AFRI funds for construction. 

Cap on Indirect Costs

Previous Legislation 2008 Farm Bill 

Retained 19% cap on indirect costs for competitive grants, 

adding an exception for Small Business Act (SBA) 

competitive grants.

Raises cap on indirect costs for all competitive and 

noncompetitive grants to 22%, with exception of SBA 

competitive grants.

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Budget Submission and Funding

Previous Legislation 2008 Farm Bill

No similar provision. Requires President to submit a single budget line item 

reflecting total amount requested for research, education, 

and extension activities as part of annual budget 

submission. 

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Provision name:

High-Priority Research and Extension Initiatives 

Initiatives for Competitive Grants 

Previous Legislation 2008 Farm Bill 

Added specific high-priority areas for research and 

extension grants.

Revises high-priority areas for research and extension 

grants.

Allowed funding priority for grant proposals involving 

cooperation of multiple entities at Secretary's discretion.

Sets criteria for regional centers of excellence established 

for specific agricultural commodities and funded through 

universities and colleges, and prioritizes regional centers of 

excellence for funding. Requires funding priority for grant 

proposals involving multiple entities.

Pollinator Research 

Previous Legislation 2008 Farm Bill 

No similar provision. Authorizes annual appropriations of $10 million in research 

and extension grants for honey bees and other pollinators 

for FY 2008-12. Activities supported include: 

● data collection on bee colony production and health, 

and investigation of pollinator biology 

● research on factors that contribute to colony 

collapse disorder, including parasites and pathogens 

● development of mitigative and preventive measures 

for pollinator health 

● habitat conservation and best management practices

Authorizes annual appropriations of $7.25 million for FY 

2008-12 for capacity and infrastructure spending to hire 

personnel and conduct research on pollinator issues at 

USDA facilities, subject to appropriations.

Authorizes annual appropriations of $2.75 million for honey 

bee pest and pathogen surveillance in FY 2008-12.

Requires Secretary to submit annual report to Congress on 

colony collapse disorder describing progress on research 

and strategies for reducing colony loss. Strategies include 

efforts supported under the Conservation Title in this Act. 

(See Title II, Encouragement of Pollinator Habitat 

Development and Protection.)

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Provision name:

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Funding and Administration of Education-Related Institutions

Land Grant Institutions – 1862 and 1890 Institutions

Previous Legislation 2008 Farm Bill 

Allowed remaining balance of unexpended Smith-Lever 

extension grants to land grant institutions to be carried 

over without fiscal year limitation. (Unexpended Hatch Act 

funds were only to be carried over to next fiscal year).

Requires Smith-Lever 3(d) special emphasis extension 

funds to be awarded competitively.

Increased authorization level for grants to upgrade 

agricultural and food sciences facilities at 1890 land grant 

institutions, including Tuskegee University, to $25 million 

annually. Revised funding formulas to increase State's 

matching requirement for 1890 institutions to 100% by FY 

2007. Secretary could waive this requirement above 50% 

level. 

Reauthorizes grants to upgrade agricultural and food 

sciences facilities at 1890 institutions. Increases 

percentage of appropriations for formula funds authorized

to 1890 institutions. Expands capacity-building grants to 

include extension funds. 1890 institutions can compete for 

all special emphasis grants under section 3(d) of SmithLever Act except for Nutrition Education Program (which is 

allocated by formula). 1890 institutions are eligible for 

McIntire-Stennis forestry program. Confirms eligibility of 

1890 institutions to apply for animal health and disease 

research grants.

Established grant program to promote and strengthen 

resident instruction and distance education programs in 

food and agricultural sciences at institutions of higher 

education. Defined covered institutions in insular areas of U.

S. (Commonwealth of Puerto Rico, U.S. Virgin Islands, 

Guam, American Samoa, Commonwealth of the Northern 

Mariana Islands, Federated States of Micronesia, Republic 

of the Marshall Islands, and Republic of Palau). 

Authorizes $8 million/fiscal year for grants to upgrade 

facilities at insular area land grant institutions.

Extended "Expanded Food and Nutrition Education 

Program" to FY 2007. 

Allocates "Expanded Food and Nutrition Education 

Program" funding under new formula, with increasing 

amounts given to 1890 institutions. Authorizes $90 million/

fiscal year; funds are allocated by formula, with each 

institution receiving $100,000. Remainder is distributed 

based on population living at or below 125% of poverty 

level. Before remainder is distributed, 10% of any funds 

appropriated in excess of FY 2007 levels is allocated to 

1890 institutions. Percentage of funds allocated to 1890s 

increases annually to reach 15% in FY 2014.

Other Minority-Serving Land Grant Institutions

Previous Legislation 2008 Farm Bill 

Provisions added affecting 1994 institutions, specifically 

technical amendment for name changes and appropriation 

of funds. 

Reauthorizes programs. Adds Ilisagvik College to list of 

tribal colleges with land grant status through 1994 Act. 

Allows equity and endowment funds not awarded to 1994 

institutions to be redistributed to other 1994 institutions. 

Makes all funding under the 1994 Act subject to 

accreditation requirement.

No similar provision. University of District of Columbia (UDC) is: 

● eligible for food and agricultural science education 

grants and fellowships 

● eligible for funding under section 3(d) of SmithLever Act

● authorized to receive $750,000 annually for grants 

to upgrade its agriculture and food sciences facilities

Authorizes Secretary to waive reduced matching funds

requirement for UDC under Hatch Act. Amends matching 

funds requirement for UDC extension.

Non-Land Grant Universities and Colleges of Agriculture

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Previous Legislation 2008 Farm Bill 

No similar provisions. 

 

Authorizes competitive grants for education, outreach, and 

research capacity related to agriculture and renewable 

resources (see NIFA).

Other Types of Institutions 

Previous Legislation 2008 Farm Bill 

Extended Hispanic-Serving Institutions Education Grants 

Program to FY 2007.

Removes ability of Hispanic-Serving Institutions to receive 

grant without competitive application process. Allows single 

institutions to receive grants. Increases authorization for 

appropriations from $20 million to $40 million/fiscal year.

No similar provision. Authorizes funding to Hispanic-Serving Agricultural 

Colleges and Universities (HSACU) for: 

● endowment fund 

● annual payments

● institutional capacity-building grant program

● competitive grant program in fundamental and 

applied research 

● extension funding under Smith-Lever 3(b)

No similar provision. Permits consortia of Alaska Native and Native HawaiianServing Institutions to allocate funds for members.

Established grant program to promote and strengthen 

distance instruction and education programs in food and 

agricultural sciences at institutions of higher education. 

Covered institutions in insular areas of U.S.

Extends resident instruction and distance education grants 

program for insular area institutions of higher education 

until FY 2012. 

International Agricultural Research, Extension, and Education

Previous Legislation 2008 Farm Bill

No similar provision. Establishes Borlaug fellowship program for students, 

scientists, and leaders from developing countries.

No similar provision. Expands International Agricultural Research, Extension, 

and Education, including authority to enter into agreements 

with land grant colleges and universities, HSACUs, U.S. 

Agency for International Development and international 

organizations to promote and support development of 

viable and sustainable global agricultural system; 

antihunger and international nutrition efforts; and 

increased quantity, quality, and availability of food.

Amendments to Existing Authorities

Previous Legislation 2008 Farm Bill

National Food and Agricultural Sciences Teaching Awards 

extended to FY 2007.

Expands National Agriculture Teaching Awards to include 

research and extension.

National Veterinary Medical Service Act (NVMSA) 

authorized Veterinary Medicine Loan Repayment program, 

which allowed student loan repayments to large animal 

veterinarians in exchange for service in veterinary shortage 

situations.

Amends NVMSA to: 

● set deadline for rulemaking to implement loan 

repayment program and

● prioritize large and mixed animal practitioners 

serving in rural communities 

Rescinds prior transfer of funds from CSREES to USDA's 

Food Safety and Inspection Service using USDA's Federal 

Loan Repayment authority for recruitment of veterinarians 

to work in food safety.

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Within Grants and Fellowships for Food and Agricultural 

Sciences Education, extended Secondary Education and 2-

Year Postsecondary Education Teaching Programs until FY 

2007.

As of Oct 1, 2008, expands programs for food and 

agricultural science education to include grades K-12. Also 

eligible are other institutions of higher education and 

nonprofit organizations.

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Provision name:

Specialty Crops

Previous Legislation 2008 Farm Bill

Specialty Crops Competitiveness Act of 2004 added additional 

research area for purpose of improving efficiency, 

productivity, and profitability of specialty crop production.

Establishes Specialty Crop Research Initiative to provide 

research and extension grants to address specific crops and 

their regions. Grants awarded on competitive basis, and must 

be matched by non-Federal source. Gives priority to 

multistate, multidisciplinary, multi-institution efforts. 

Mandates Commodity Credit Corporation (CCC) funding of 

$30 million in FY 2008, and $50 million annually in FY 2009-

12. Authorizes additional annual appropriations of $100 

million. Includes research addressing: 

● plant breeding, genetics, and genomics: 

❍ product taste, quality, and appearance 

❍ environmental response and tolerance 

❍ nutrient management, including uptake 

❍ pest and disease management 

❍ phytonutrient content 

● pollination, pest, and disease issues 

● productivity and profitability 

● "new innovations" such as ripening technologies 

● food safety, including that related to fresh produce 

Amends Specialty Crop Committee Report to include 

economic analysis and applied information useful to specialty 

growers and policy research centers.

Required Secretary to establish program to identify 

alternatives to methyl bromide and to initiate research 

programs to develop alternatives for uses currently lacking 

registered, effective, economically feasible alternatives.

Directs transfer of $200,000 to Environmental Protection 

Agency's Office of Prevention, Pesticides, and Toxic 

Substances to conduct meta-analysis related to methyl 

bromide.

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Provision name:

Organic Agriculture

Previous Legislation 2008 Farm Bill

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Funding totaled $3 million annually, out of "funds in the 

Treasury not otherwise appropriated." New features for 

organic agriculture research included:

● use of advanced genomics, field trials, and other 

methods to identify desirable traits 

● classical and marker-assisted breeding to develop 

public varieties optimized for organic systems 

● identification of marketing and policy constraints on 

expansion of organic agriculture 

● advanced onfarm research into organic farms, 

including production and socioeconomic conditions 

● segregation of data on organic sector in ongoing data 

collection on agricultural production and marketing 

● facilitation of access to organic research conducted 

outside U.S. 

Required Secretary to report within 1 year on research and 

promotion of organic products.

Adds new purposes to Organic Agriculture Research and 

Extension Initiative:

● study conservation and environmental outcomes of 

organic practices 

● develop new and improved seed varieties for use in 

organic production systems 

Increases mandatory CCC funding to total of $78 million for 

FY 2009-12. Authorizes additional annual appropriations of 

$25 million for FY 2009-12.

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Provision name:

Rural Development

Competitive Grants for Research to Assist Farmers

Previous Legislation 2008 Farm Bill 

Repealed Fund for Rural America. Authorizes appropriations for competitive grants to support 

Farm and Ranch Stress Assistance Network providing stress 

assistance to farmers, ranchers, and agricultural workers. 

Grants may be used to support programs to provide 

behavioral counseling and referrals though help lines and 

websites, community education, support groups, outreach, 

and home delivery to homebound.

No similar provision. Authorizes appropriations for Farm Business Management 

competitive research and extension grant program for: 

● improving farm management knowledge and skills

● establishing national farm financial management 

database

No similar provision. Authorizes appropriations for Agricultural and Rural 

Transportation Research and Education to address rural 

transport and logistical needs of agricultural sector, 

including: 

● transport of biofuels 

● export of agricultural products 

Grant awards are to be made in areas that are regionally 

diverse and representative of U.S. needs. Priority is given 

to institutions of higher education that can coordinate 

research and education activities under program. 50% of 

project costs must be matched from non-Federal sources.

Beginning Farmer and Rancher Development Program

Previous Legislation 2008 Farm Bill 

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Training, education, outreach, and technical assistance 

competitive grants program established for beginning 

farmers or ranchers (who have not operated a farm or 

have operated a farm for 10 years or less). Provided 3-

year grants, with matching funds, for local and regional 

training, education, outreach, and technical assistance 

initiatives.

Collaborative State, tribal, local, or regionally based 

networks or partnerships of public or private entities 

became eligible. Funds were to be set aside specifically for 

limited-resource farmers, socially disadvantaged farmers, 

or farmworkers wishing to farm. Authorized necessary 

funds for FY 2002-07. 

Requires grant applications to be evaluated on relevancy, 

technical merit, achievability, expertise and track record, 

and applicability of results. Priority to be given to 

collaborations that include nongovernmental and 

community-based organizations and grants are to be 

regionally diverse. Maximum grant is $250,000/year. CCC 

funds shall be made available: $18 million for FY 2009 and 

$19 million annually for FY 2010-12. Additional 

appropriations of $30 million/year are authorized for FY 

2008-12. 

Grants to Rural Community Colleges

Previous Legislation 2008 Farm Bill

No similar provision. Authorizes appropriations for New Era Rural Technology 

Program to award grants to community colleges in rural 

areas. Grants shall support fields of:

● bioenergy 

● pulp and paper manufacturing 

● agriculturally based renewable energy resources 

Institutions should have proven records in these areas and 

be able to leverage partnerships.

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Provision name:

Bioenergy Research

Previous Legislation 2008 Farm Bill 

Sun Grant Research Initiative Act of 2003 established 

Research, Extension, and Educational Programs on Biobased 

Energy Technologies and Products. No funds were 

appropriated in FY 2004 and FY 2006. However, legislation 

authorized appropriations of $25 million in FY 2005, $50 

million in FY 2006, and $75 million annually in FY 2007-10.

Revises Sun Grant Research Initiative; authorizes grants to 5 

regionally based Sun Grant Centers and 1 subcenter intended 

to: 

● develop, distribute, and implement biobased 

technologies

● promote diversification and environmental 

sustainability through biobased energy and product 

technologies 

● promote diversification of rural areas through 

biobased energy 

● enhance efficiency of bioenergy and biomass research 

and development through collaborations among USDA, 

Department of Energy (DOE), and land grant 

universities 

Directs centers to award 75% of funds to multi-institution 

and multistate research, extension, and education programs 

via competitive process: 

● 30% of these funds to be used for technology 

development 

● 30% of funds are for integrated programs for 

technology implementation 

● 20% of project costs must be matched by non-Federal 

source, though this requirement can be waived

● limits administrative overhead costs of centers to 4%, 

portion of which is used to coordinate plan for 

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addressing bioenergy, biomass, and gasification 

priorities of USDA and DOE, and coordinated 

gasification research with land grant universities

● remaining funds to be retained by centers to conduct 

research, extension, and education programs for 

technology development and implementation

Grant Information Analysis Center will support regional 

centers and produce annual report. Authorizes $75 million 

annually for FY 2008-12.

No similar provision. Authorizes Agricultural Bioenergy Feedstock and Energy 

Efficiency Research and Extension Initiative intended to 

enhance production of biomass energy crops and energy 

efficiency of agricultural operations. Competitive grants to be 

used to: 

● improve agricultural biomass production, conversion, 

and use 

● research onfarm energy efficiency 

Requires Secretary to develop a best practices database with 

information about production potential of different crops and 

best practices for production, collection and harvesting, 

storage, and transportation of biomass crops. Priority given 

to integrative efforts that include producer participation and 

are useful for commercialization of technologies. 100% of 

funding must be matched by non-Federal sources. Authorizes

$50 million for each fiscal year.

Amended composition of National Agricultural Research, 

Extension, Education, and Economics Advisory Board to add 1 

member.

Renewable Energy Committee: Directs executive committee 

of NAREEAB to establish permanent renewable energy 

committee to assess scope and effectiveness of research, 

extension, and economics programs affecting renewable 

energy industry.

See New Era Rural Technology Program under Grants to Rural 

Community Colleges.

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Provision name:

Bioterrorism/Biosecurity

Previous Legislation 2008 Farm Bill 

Established programs for FY 2002-07, authorizing such funds 

as necessary. Funds were to be appropriated for agricultural 

research, education, and extension activities for: 

● reducing vulnerability of U.S. food and agricultural 

system to chemical or biological attack 

● continuing partnerships with institutions to enhance 

biosecurity of U.S. 

● making competitive grants for research on 

counterbioterrorism

● countering or otherwise responding to chemical or 

biological attack

Extends authorization for agricultural research, education, 

and extension activities for biosecurity planning and response 

through FY 2012.

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No similar provision. Directs Secretary to issue 1 permit to facility that replaces 

Plum Island facility with one overseen by Department of 

Homeland Security. This facility to research live foot-andmouth disease. Successor facility charged with researching 

biological threats from zoonotic and foreign disease.

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Provision name:

Biotechnology

Biotechnology Risk Assessment Research

Previous Legislation 2008 Farm Bill 

Authorized CSREES and ARS grant program on 

environmental effects of biotechnology, including research 

to help regulators develop long-term policies concerning 

introduction of genetically engineered organisms (animals, 

plants, and microorganisms) into environment.

Authorized such sums necessary. Required at least 2% of 

agency biotechnology base expenditures to be set aside for 

grants under program.

No amendments to program, which is a permanent 

authority.

Research and Development for Developing Countries

Previous Legislation 2008 Farm Bill 

Established competitive grants program through USDA's 

Foreign Agricultural Service for research and development 

in agricultural biotechnology for developing countries. 

Funded biotechnology to develop crops for developing 

countries.

Extends provisions through FY 2012.

See also Repeals and Terminations related provisions.

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Provision name:

Miscellaneous Provisions

Nutrition

Previous Legislation 2008 Farm Bill 

Extended Human Nutrition Intervention and Health 

Promotion Research Program through FY 2007.

Reauthorizes and amends program to include research on 

efficacy of agricultural policies in promoting health in 

disadvantaged populations.

No similar provision. Requests study and report on food deserts to assess areas 

with limited access to affordable and nutritious food, 

particularly lower income areas. Secretary to coordinate 

with Department of Health and Human Services, SBA, and 

Institute of Medicine. Authorizes $500,000 to carry out 

effort.

New Grants and Research Programs

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Previous Legislation 2008 Farm Bill 

No similar provision. Authorizes appropriations to establish competitive grant

program to distribute vegetable seeds to underserved 

communities free of charge.

No similar provision. Authorizes construction of Chinese garden at National 

Arboretum.

No similar provision. Authorizes appropriations to establish competitive grants 

program to address antibiotic resistant bacteria in 

livestock, ecology of resistant bacteria, and use of 

antibiotics in veterinary and human medicine.

Other New Provisions

Previous Legislation 2008 Farm Bill

No similar provision. Directs Secretary and university partners to work to 

streamline submission, reporting, and implementation of 

Plan of Work requirements.

No similar provision. Authorizes indefinitely USDA-established demonstration 

project authority for temporary positions.

Established National Agricultural Weather Information 

System in 1990 to nationally coordinate system addressing 

research and education related to agricultural weather. 

Private participation encouraged. Expired 1997.

Reauthorized for FY 2008-12.

Repeals and Terminations

Previous Legislation 2008 Farm Bill

Repealed certain authorities, including the following: 

● National Advisory Board on Agricultural Weather 

● task force on 10-year strategic plan for agricultural 

research facilities, and its review responsibilities

● pesticide resistance study and expansion of 

education study

Repeals the following: 

● grants for research on alcohol and industrial 

hydrocarbons 

● Agricultural Telecommunications Program 

● research on diseases affecting honey bees (see 

Pollinator Protection)

● partnerships for high-value agricultural product 

quality research 

● Precision Agriculture Initiative 

● Thomas Jefferson Initiative for Crop Diversification

● Initiative for Future Agriculture and Food Systems

● Facilities grants under the Competitive, Special, and 

Facilities Research Grant Act

● public education regarding use of biotechnology in 

producing food for human consumption

Amendments to Existing Legislation

Previous Legislation 2008 Farm Bill

Provided $8 million of CCC funding for FY 2002 for grants 

for youth organizations (e.g., 4H, Boy/Girl Scouts, and 

Future Farmers of America). Authorized appropriations 

(such sums as are necessary) through FY 2007.

Reauthorizes appropriations through FY 2012. Adds 

flexibility to content delivery and management of youth 

grant funding.

Did not change existing provisions of Food Animal Residue 

Avoidance Database Program.

Amends Food Animal Residue Avoidance Database Program 

to authorize $2.5 million for each of FY 2008-12, in 

addition to any other funds.

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Extended provisions of Nutrient Management Research and 

Extension Initiative through FY 2007.

Amends Nutrient Management Research and Extension 

Initiative to include renewable energy from animal waste 

and extends provisions through FY 2012.

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Provision name:

Research Provisions in Other Titles

Agricultural Biosecurity Planning, Preparedness, and Response. See Title XIV, Local Capacity in 

Agricultural Biosecurity Planning, Preparedness, and Response.

Agricultural Biosecurity Grants. See Title XIV, Agricultural Biosecurity Grant Program.

Biomass Research and Development Act. See Title IX, Biomass Research and Development.

Back to top of page >>

For more information, contact: John King or Kelly Day-Rubenstein

Web administration: webadmin@ers.usda.gov

Updated date: August 20, 2008 

 

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http://www.ers.usda.gov/FarmBill/2008/Titles/TitleVIIResearch.htm (14 of 14) [9/3/2008 9:52:24 AM]
2008 Farm Bill Side-by-Side: Title VIII: Forestry

 You are here: Home / Farm Bill Resources / 2008 Farm Bill Side-By-Side / Title VIII: Forestry 

2008 Farm Bill Side-By-Side 

Title VIII: Forestry

Sets new priorities and planning standards and adjusts 

cooperative relationships for Federal, State, and private forest 

systems. Authorizes Tribal access to Forest Service lands for 

cultural activities. Enhances existing and establishes new forest 

preservation programs and tightens restrictions on importation of 

illegally harvested wood products. Adjusts and expands 

boundaries of some National Forests. Establishes forestry 

scholarship program at Hispanic-serving institutions.

List of Key Provisions:

Amendments to Cooperative Forestry Assistance Act of 1978 (CFAA)

National Priorities for Private Forest Conservation | Long-Term Statewide Assessments and Strategies for 

Forest Resources | Community Forest and Open Space Conservation Program | Assistance to Federated 

States of Micronesia, Republic of the Marshall Islands, and Republic of Palau | Changes to State Forest 

Stewardship Committee | Competition in Programs | Competitive Allocation of Funds for Cooperative Forest 

Innovation Partnerships

Cultural and Heritage Cooperation Authority

Authorization for Reburial of Human Remains and Cultural Items on National Forest System Lands | 

Temporary Closure of National Forest System Land for Traditional and Cultural Purposes | Forest Products 

for Traditional and Cultural Purposes | Prohibition on Disclosure | Severability and Savings Provisions

Amendments to Other Forestry-Related Laws

Rural Revitalization Technologies | Office of International Forestry | Emergency Forest Restoration Program

| Prevention of Illegal Logging Practices | Healthy Forest Reserve Program

Boundary Adjustment and Land Conveyance Provisions

Green Mountain National Forest (GMNF) Boundary Adjustment | Green Mountain National Forest Land 

Exchange/Sale | Land Conveyances, Chihuahuan Desert Nature Park, NM, and George Washington National 

Forest, VA

Miscellaneous Provisions

Qualifying Timber Contracts Options | Hispanic-Serving Institution Agricultural Land National Resources 

Leadership Program

Forestry Provisions in Other Titles

Emergency Forestry Conservation Reserve Program | Environmental Quality Incentives Program Provisions 

for Forest Management | Conservation Technical Assistance | Purchase of Forest Land for Easements 

Against Nonfarm Development | Encouraging Public Access to Private Forest Land | Forest Programs 

Eligible for McIntire-Stennis Funding | Transition to Bioenergy Forest Crops | Forest Biomass for Energy | 

Tax Rates for Timber Gains | Timber Real Estate Investment Trusts

Browse A-Z List of Provisions 

● Introduction

● Title I: Commodities

● Title II: Conservation

● Title III: Trade

● Title IV: Nutrition

● Title V: Credit

● Title VI: Rural Development

● Title VII: Research

● Title VIII: Forestry

● Title IX: Energy

● Title X: Hort & Organic Ag

● Title XI: Livestock

● Title XII: Crop Insurance

● Title XIII: Commodity Futures

● Title XIV: Miscellaneous

● Title XV: Trade & Taxes

● 

● Provisions for Traditionally 

Underserved Groups

● ERS Resources

● User's Guide

● A-Z List of Provisions

● List of Provisions by Title

● Background Publications

● Farm Policy Glossary

● Previous Farm Bills

● Related Links

● Download the 2008 Farm 

Bill (1.65MB)

http://www.ers.usda.gov/FarmBill/2008/Titles/TitleVIIIForestry.htm (1 of 6) [9/3/2008 9:52:30 AM]
2008 Farm Bill Side-by-Side: Title VIII: Forestry

● USDA Farm Bill Site

Provision name:

Amendments to Cooperative Forestry Assistance Act of 1978 (CFAA) set new priorities and planning 

standards and adjust rules governing cooperative Federal, State, and private forest programs. (See The Principal 

Laws Relating to USDA Forest Service State and Private Forestry Programs for more information.) 

National Priorities for Private Forest Conservation

Previous Legislation 2008 Farm Bill 

No similar provision. Establishes 3 new priorities for CFAA:

● conserving and managing working forests 

● protecting and restoring forests from range of 

threats

● enhancing public benefits from private forests 

Long-Term Statewide Assessments and Strategies for Forest Resources

Previous Legislation 2008 Farm Bill 

No similar provision. Requires that States assess forest-resource conditions, 

trends, and threats and develop long-term strategies as 

requirement to receive funds for CFAA programs. 

Assessments are to be coordinated among State forester or 

equivalent, State forest stewardship coordinating 

committee, State wildlife agency, and State technical 

committee. Authorizes annual appropriation of up to $10 

million and up to $10 million from funds available to Forest 

Service State and Private Forestry to develop or update 

plans.

Community Forest and Open Space Conservation Program

Previous Legislation 2008 Farm Bill 

No similar provision. Provides Federal matching grants to help local 

governmental entities, tribes, or nonprofit organizations 

acquire private forest land threatened by conversion to 

nonforest uses. Properties acquired must be maintained as 

forests with public access and provide community 

economic, environmental, recreational, or educational 

benefits, including being models of effective forest 

stewardship. Authorizes such sums as are necessary.

Assistance to Federated States of Micronesia, Republic of the Marshall Islands, and Republic of 

Palau

Previous Legislation 2008 Farm Bill 

No similar provision. Amends CFAA to update and reflect current trust territory 

status.

Changes to State Forest Stewardship Committee

Previous Legislation 2008 Farm Bill 

No similar provision. Amends duties of State Forest Stewardship Coordinating 

Committees to make recommendations to State foresters 

on development of statewide assessments and strategies 

regarding forest resource conditions. Adds State Technical 

Committee representative to committee.

http://www.ers.usda.gov/FarmBill/2008/Titles/TitleVIIIForestry.htm (2 of 6) [9/3/2008 9:52:30 AM]
2008 Farm Bill Side-by-Side: Title VIII: Forestry

Competition in Programs

Previous Legislation 2008 Farm Bill 

No similar provision. Requires portion of CFAA funds, as determined by 

Secretary of Agriculture, be available competitively to State 

foresters.

Requires Secretary to consult with new Forest Resource 

Coordinating Committee to determine competitive 

allocation of funds.

Competitive Allocation of Funds for Cooperative Forest Innovation Partnerships

Previous Legislation 2008 Farm Bill 

No similar provision. Authorizes Secretary to competitively allocate not more 

than 5% of CFAA funds to support innovative national, 

regional, or local education, outreach, or technology 

projects that would increase ability of Secretary to address 

national priorities for private forest conservation.

Back to top of page >>

Provision name:

Cultural and Heritage Cooperation Authority authorizes tribal access to National Forest System (NFS) lands 

for reburials and other cultural activities.

Authorization for Reburial of Human Remains and Cultural Items on National Forest System Lands

Previous Legislation 2008 Farm Bill 

No similar provision. Authorizes Secretary to allow use of NFS land for reburial 

of human remains or cultural items that are in possession 

of Indian tribe or lineal descendant and that have been 

disinterred from NFS land or adjacent site.

Temporary Closure of National Forest System Land for Traditional and Cultural Purposes

Previous Legislation 2008 Farm Bill 

No similar provision. Authorizes Secretary to ensure, to maximum extent 

practicable, access to NFS land by Indians and Indian tribes 

for traditional and cultural purposes by closing the land to 

public access temporarily.

Forest Products for Traditional and Cultural Purposes

Previous Legislation 2008 Farm Bill 

No similar provision. Allows Secretary to provide Indian tribes trees, portions of 

trees, and forest products from NFS lands free of charge if 

used for traditional and cultural purposes and not for 

commercial purposes.

Prohibition on Disclosure

Previous Legislation 2008 Farm Bill 

No similar provision. Limits disclosure of information under Freedom of 

Information Act regarding human remains and cultural 

items at reburial sites, including location of sites, and 

information that is culturally sensitive to Indian tribes.

Severability and Savings Provisions

Previous Legislation 2008 Farm Bill 

http://www.ers.usda.gov/FarmBill/2008/Titles/TitleVIIIForestry.htm (3 of 6) [9/3/2008 9:52:30 AM]
2008 Farm Bill Side-by-Side: Title VIII: Forestry

No similar provision. All existing tribal rights, all existing agreements among 

tribes and Forest Service, existing trust responsibilities, 

and any other outstanding rights to use of NFS lands 

remain unaffected by new authorities in subtitle.

Back to top of page >>

Provision name:

Amendments to Other Forestry Related Laws

Rural Revitalization Technologies

Previous Legislation 2008 Farm Bill 

No similar provision. Amends 1990 Farm Act to reauthorize appropriations for 

program through FY 2012. Authority currently used to 

administer biomass utilization grants.

Office of International Forestry

Previous Legislation 2008 Farm Bill 

Extended authority for Forest Service International 

Programs Office through 2007.

Reauthorizes through 2012.

Emergency Forest Restoration Program

Previous Legislation 2008 Farm Bill 

No similar provision. Allows payments to owners of nonindustrial private forest 

lands to carry out emergency measures to restore land 

after a natural disaster.

Prevention of Illegal Logging Practices

Previous Legislation 2008 Farm Bill 

No similar provision. Expands Lacey Act Amendment of 1981, which prohibits 

importation of illegally harvested animal and plant 

products, to include illegally harvested wood and wood 

products.

Healthy Forests Reserve Program

Previous Legislation 2008 Farm Bill 

Authorized in Healthy Forest Restoration Act of 2003 with 

10-year, 30-year, or 99-year easements.

Adds permanent conservation easement option and makes 

available $9.75 million annually in FY 2009-12 from 

Commodity Credit Corporation funds.

Back to top of page >>

Provision name:

Boundary Adjustment and Land Conveyance Provisions

Green Mountain National Forest (GMNF) Boundary Adjustment

Previous Legislation 2008 Farm Bill 

No similar provision. Modifies boundary of GMNF to include 13 designated 

expansion units.

Green Mountain National Forest Land Exchange/Sale

Previous Legislation 2008 Farm Bill 

http://www.ers.usda.gov/FarmBill/2008/Titles/TitleVIIIForestry.htm (4 of 6) [9/3/2008 9:52:30 AM]
2008 Farm Bill Side-by-Side: Title VIII: Forestry

No similar provision. Authorizes Secretary to sell or exchange specified parcels 

of GMNF.

Land Conveyances, Chihuahuan Desert Nature Park, NM, and George Washington National Forest, 

VA

Previous Legislation 2008 Farm Bill 

No similar provision. Provides for conveyance of parcels of land from USDA's 

Agricultural Research Service (NM) and George Washington 

National Forest (VA) to private entities.

Back to top of page >>

Provision name:

Miscellaneous Provisions

Qualifying Timber Contracts Options

Previous Legislation 2008 Farm Bill 

No similar provision. Authorizes Secretary to cancel, redetermine rate of, or 

substitute index used in qualifying timber contracts and 

provides for time extension of existing qualified contracts.

Hispanic-Serving Institution Agricultural Land National Resources Leadership Program

Previous Legislation 2008 Farm Bill 

No similar provision. Authorizes competitive grants to Hispanic-serving 

institutions for undergraduate forestry scholarships. 

Authorizes such sums as may be necessary to carry out 

this section.

Back to top of page >>

Provision name:

Forestry Provisions in Other Titles

Emergency Forestry Conservation Reserve Program. See Title II, CRP: Emergency Forestry Conservation 

Reserve Program.

Environmental Quality Incentives Program Provisions for Forest Management. See Title II, 

Environmental Quality Incentives Program (EQIP).

Conservation Technical Assistance. See Title II, Conservation Technical Assistance (CTA).

Purchase of Forest Land for Easements Against Nonfarm Development. See Title II, Farmland 

Protection Program.

Encouraging Public Access to Private Forest Land. See Title II, Voluntary Public Access and Habitat 

Incentive Program.

Forest Programs Eligible for McIntire-Stennis Funding. See Title VII, Land Grant Institutions.

Transition to Bioenergy Forest Crops. See Title IX, Biomass Crop Assistance Program. 

Forest Biomass for Energy. See Title IX, Forest Biomass for Energy.

Tax Rates for Timber Gains. See Title XV, Temporary Reduction in Rate of Tax on Qualified Timber Gain of 

Corporations. 

Timber Real Estate Investment Trusts. See Title XV, Timber REIT (Real Estate Investment Trust) 

Modernization. 

Back to top of page >>

http://www.ers.usda.gov/FarmBill/2008/Titles/TitleVIIIForestry.htm (5 of 6) [9/3/2008 9:52:30 AM]
2008 Farm Bill Side-by-Side: Title VIII: Forestry

For more information, contact: James Melonas or Ted Beauvais

Web administration: webadmin@ers.usda.gov

Updated date: August 20, 2008 

 

ERS Home | USDA.gov | Site Map | Policies | What's New | E-Mail Updates | RSS | Translate | Text Only | FedStats | 

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http://www.ers.usda.gov/FarmBill/2008/Titles/TitleVIIIForestry.htm (6 of 6) [9/3/2008 9:52:30 AM]
2008 Farm Bill Side-by-Side: Title IX: Energy

 You are here: Home / Farm Bill Resources / 2008 Farm Bill Side-By-Side / Title IX: Energy 

2008 Farm Bill Side-By-Side 

Title IX: Energy

Continues and expands funding for Federal agency procurement of 

biobased products, construction and development of advanced 

biofuel refineries, biomass research and development, and 

biodiesel education. New programs encourage renewable energy 

use by biorefineries, renewable energy systems and energy 

efficiency improvements, rural energy self sufficiency, 

development of next generation feedstocks, and use of forest and 

woody biomass for energy production.

List of Key Provisions:

Biobased Markets Program

Biorefinery Assistance

Repowering Assistance

Bioenergy Program for Advanced Biofuels

Biodiesel Fuel Education Program

Rural Energy for America Program

Biomass Research and Development

Rural Energy Self Sufficiency Initiative

Feedstock Flexibility Program for Bioenergy Producers

Biomass Crop Assistance Program

Research, Extension, and Educational Programs on Biobased Energy 

Technologies and Products

Forest Biomass for Energy

Community Wood Energy Program

Biofuels Infrastructure Study

Renewable Fertilizer Study

Energy Provisions in Other Titles

Technology Transfer for Energy Crops and Conversion Facilities | Renewable Energy and Energy Efficiency | 

Study on Animal Manure Use | Studies of Crop Insurance Policies for Energy Crops and Other Commodities

| Biofuel Tax Credit and Tariff Provisions

● Introduction

● Title I: Commodities

● Title II: Conservation

● Title III: Trade

● Title IV: Nutrition

● Title V: Credit

● Title VI: Rural Development

● Title VII: Research

● Title VIII: Forestry

● Title IX: Energy

● Title X: Hort & Organic Ag

● Title XI: Livestock

● Title XII: Crop Insurance

● Title XIII: Commodity Futures

● Title XIV: Miscellaneous

● Title XV: Trade & Taxes

● 

● Provisions for Traditionally 

Underserved Groups

● ERS Resources

● User's Guide

● A-Z List of Provisions

● List of Provisions by Title

● Background Publications

● Farm Policy Glossary

● Previous Farm Bills

● Related Links

● Download the 2008 Farm 

Bill (1.65MB)

http://www.ers.usda.gov/FarmBill/2008/Titles/TitleIXEnergy.htm (1 of 8) [9/3/2008 9:52:37 AM]
2008 Farm Bill Side-by-Side: Title IX: Energy

Browse A-Z List of Provisions 

● USDA Farm Bill Site

Provision name:

Biobased Markets Program

Previous Legislation 2008 Farm Bill

Established new program for preferred purchase of biobased 

products by Federal agencies, modeled on existing program 

for purchase of recycled materials. 

Voluntary biobased labeling program was included, 

authorizing producers of biobased products to use the label 

"USDA Certified Biobased Product." Motor vehicle fuels and 

electricity were excluded.

Renames Federal Biobased Procurement Program as Biobased 

Markets Program.

Establishes process for determining eligibility criteria for 

intermediate ingredients and feedstocks for Federal agency 

procurement. 

Continues voluntary "USDA Certified Biobased Product" 

labeling program and establishes a process for determining 

which new products may qualify to receive the label. Adds 

heating oil as an excluded category.

Calls for establishment of a National Testing Center Registry 

of testing centers for biobased products that will serve 

biobased product manufacturers.

Mandated funding of $1 million annually through Commodity 

Credit Corporation (CCC) for fiscal years (FY) 2002-07 for 

testing biobased products. 

Mandates total funding through CCC of $1 million for FY 2008 

and $2 million annually for FY2009-12 for testing and labeling 

of biobased products. Authorizes appropriations of additional 

funding of $2 million annually for FY 2009-12. 

Back to top of page >>

Provision name:

Biorefinery Assistance

Previous Legislation 2008 Farm Bill

Authorized competitive grant program to support 

development of biorefineries to convert biomass into multiple 

products such as fuels, chemicals, and electricity.

Authorizes competitive grants to assist development and 

construction of demonstration-scale biorefineries that convert 

renewable biomass to advanced biofuels. Grants may not 

exceed 30% of project cost. 

Authorizes loan guarantees to fund development, 

construction, and retrofitting of commercial-scale 

biorefineries. Loan guarantees of up to 90% of principal and 

interest may not exceed $250 million and are limited to 80% 

of project costs. 

Grants and loan guarantees for both types of 

projects are subject to feasibility studies and a 

scoring system. 

No mandatory funding was provided. Discretionary funding 

was authorized but not appropriated.

Mandates $75 million in funding for FY 2009 and $245 million 

in FY 2010 through CCC, for cost of loan guarantees, until 

expended. No mandatory funding specified for grant 

program. Authorizes appropriations of $150 million annually 

for FY 2009-12.

Back to top of page >>

http://www.ers.usda.gov/FarmBill/2008/Titles/TitleIXEnergy.htm (2 of 8) [9/3/2008 9:52:37 AM]
2008 Farm Bill Side-by-Side: Title IX: Energy

Provision name:

Repowering Assistance

Previous Legislation 2008 Farm Bill

No similar provision. Authorizes payments to encourage existing biorefineries to 

replace fossil fuels used to produce heat or power for 

operation of the biorefinery. Payments would be made for 

installation of new systems that use renewable biomass or for 

new production of energy from renewable biomass.

Mandatory funding of $35 million through CCC for FY 2009, 

until expended. Authorizes appropriations of $15 million 

annually FY 2009-12.

Back to top of page >>

Provision name:

Bioenergy Program for Advanced Biofuels

Previous Legislation 2008 Farm Bill

Reauthorized Bioenergy Program originally established by 

Executive Order in 1999, providing CCC incentive payments 

to ethanol and biodiesel producers based on yearly increases 

in production.

Biofuel producers entering into contract with USDA were 

reimbursed a proportion of feedstocks purchased for 

additional biofuel production.

Eligible feedstocks included grains; oilseeds; cellulosic 

material; animal byproducts; and fat, oils, and greases 

(including recycled fats, oils, and greases). 

Retitles, renews, and extends program as Bioenergy Program 

for Advanced Biofuels. Eligibility is now limited to producers 

of advanced biofuels.

Eligible producers entering into a contract with Secretary are 

paid based on quantity and duration of advanced biofuel 

production and on net nonrenewable energy content of the 

advanced biofuel. Funding to a single eligible producer may 

be limited to ensure equitable distribution of funding.

Mandated use of not more than $150 million in CCC funds 

annually for FY 2003-06. No funding was authorized for FY 

2007.

Mandates a total of $300 million in CCC funding for FY 2009-

12. Authorizes appropriations of $25 million annually for FY 

2009-12. No more than 5% of funds made available annually 

may go to facilities with a total refining capacity of more than 

150 million gallons/year.

Back to top of page >>

Provision name:

Biodiesel Fuel Education Program

Previous Legislation 2008 Farm Bill

Established a competitive grant program in consultation with 

Secretary of Energy to educate government and private 

entities with vehicle fleets, as well as the public, about 

benefits of biodiesel fuel use. Mandated CCC funding of $1 

million annually for FY 2003-07.

Extends program, with CCC funding remaining at $1 million 

annually for FY 2008-12. Eligible recipients include nonprofit 

organizations or institutions of higher learning.

Back to top of page >>

Provision name:

http://www.ers.usda.gov/FarmBill/2008/Titles/TitleIXEnergy.htm (3 of 8) [9/3/2008 9:52:37 AM]
2008 Farm Bill Side-by-Side: Title IX: Energy

Rural Energy for America Program

Previous Legislation 2008 Farm Bill

Authorized a competitive grant program (Energy Audit and 

Renewable Energy Development Program) for entities to 

administer energy audits and renewable energy development 

assessments for farmers, ranchers, and rural small 

businesses. Authorized appropriations as necessary for this 

grant program.

Authorized Renewable Energy Systems and Energy Efficiency 

Improvements Program to provide loans, loan guarantees, 

and grants to assist eligible farmers, ranchers, and rural 

small businesses in purchasing renewable energy systems 

and making energy efficiency improvements. Provided 

mandatory CCC funding of $23 million annually for FY 2003-

07.

Combines programs under new name, Rural Energy for 

America Program. New program is designed to promote 

energy efficiency and renewable energy development for 

agricultural producers and rural small businesses.

Provides grants and loan guarantees for energy audits, 

feasibility studies, and project development of renewable 

energy systems/energy efficiency improvements.

Competitive grants may be provided to government, 

educational, or other institutions to promote energy audits, 

improved energy efficiency, and use of renewable energy 

technologies and resources. Agricultural producers or rural 

small businesses are required to pay at least 25% of cost of 

an energy audit conducted by a grant recipient.

Grants for energy efficiency improvements and renewable 

energy systems may not exceed 25% of cost. Loan 

guarantees are capped at $25 million/loan. Combination of 

grant and loan guarantees may not exceed 75% of cost.

Mandates a total of $255 million in CCC funding for FY 2009-

12. Authorizes funding of $25 million annually for FY 2009-12.

See Title VI, Energy Efficiency and Renewable Energy 

Programs for related program information.

Back to top of page >>

Provision name:

Biomass Research and Development

Previous Legislation 2008 Farm Bill

Originally created under the Biomass Research and 

Development Act of 2000, the initiative directed Secretaries 

of Agriculture and Energy to coordinate policies promoting 

biobased industrial products. Funded competitive grants for 

research, development, and demonstration projects for 

biofuels and biobased chemicals and products.

Termination date extended to Sept 30, 2007.

Extends provision. 

Provided $5 million of CCC funds for FY 2002 and $14 million 

annually for FY 2003-07. Authorized additional appropriations 

of $49 million annually for FY 2002-07.

Provides mandatory CCC funding of $118 million for FY 2009-

12. Authorizes additional $35 million annually FY 2009-12.

Back to top of page >>

Provision name:

Rural Energy Self Sufficiency Initiative

Previous Legislation 2008 Farm Bill

http://www.ers.usda.gov/FarmBill/2008/Titles/TitleIXEnergy.htm (4 of 8) [9/3/2008 9:52:37 AM]
2008 Farm Bill Side-by-Side: Title IX: Energy

No similar provision. Authorizes new program to provide financial assistance to 

increase energy self-sufficiency of rural communities. 

Provides grants to conduct energy assessments, formulate 

plans to reduce energy use from conventional sources, and 

install integrated renewable energy systems, Integrated 

renewable energy systems are defined as community-wide 

systems that reduce conventional energy use and incorporate 

renewable energy use.

Federal-cost share for any grant is limited to 50% of project 

cost.

Authorizes appropriations of $5 million annually for FY 2009-

12.

See Title VI, Energy Efficiency and Renewable Energy 

Programs for related program information.

Back to top of page >>

Provision name:

Feedstock Flexibility Program for Bioenergy Producers

Previous Legislation 2008 Farm Bill

No similar provision. Secretary must purchase sugar (that is eligible for human 

consumption) that would otherwise be forfeited to CCC, and 

either sell it to eligible bioenergy producers or dispose of it by 

other specified means to ensure that the U.S. sugar program 

operates at no net cost to the Government. Competitive 

procedures will be used to maximum extent practicable in 

receiving, offering, and accepting bids. Mandates CCC funding 

as necessary. 

Program is only to be implemented in those years Secretary 

determines it necessary to avoid Government costs. See Title 

I, Sugar.

Back to top of page >>

Provision name:

Biomass Crop Assistance Program

Previous Legislation 2008 Farm Bill

No similar provision. Establishes a program to support establishment and 

production of eligible crops for conversion to bioenergy, and 

to assist agricultural and forest landowners with collection, 

harvest, storage, and transportation of these crops to 

conversion facility. Project sponsors apply for selection as 

Biomass Crop Assistance Program (BCAP) project areas. 

Requires Secretary to provide necessary financial assistance 

to eligible producers in selected areas. Assistance includes:

● payments for up to 75% of cost of establishing an 

eligible crop

● annual payments to support production

● matching payments of up to $45/ton for 2 years for 

collection, harvest, storage, and transportation to a 

biomass conversion facility

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2008 Farm Bill Side-by-Side: Title IX: Energy

Contract terms are up to 5 years for annual and perennial 

crops and up to 15 years for woody biomass. Eligible crops 

and other biomass do not include those eligible for 

commodity payments under Title I, invasive or noxious 

plants, animal waste and byproducts, food and yard waste, or 

algae. Specified conservation practices must be adhered to.

Provides funding separate from BCAP program for collection, 

harvest, storage, and transport of certain biomass for 

delivery to biomass conversion facility.

Such sums as necessary from CCC must be used each year of 

FY 2008-12.

Back to top of page >>

Provision name:

Research, Extension, and Educational Programs on Biobased Energy Technologies and Products (Sun 

Grant Program)

Previous Legislation 2008 Farm Bill

Provision established by Sun Grant Research Initiative Act of 

2003. Established 5 regional sun grant research centers 

based at Land Grant universities. Intent was to foster 

collaboration between USDA, Department of Energy, and 

Land Grant universities in developing and disseminating 

biobased energy technologies.

Authorized appropriations of $25 million in FY 2005, $50 

million in FY 2006, and $75 million for each of FY 2007-10.

See Title VII, Bioenergy Research. 

Back to top of page >>

Provision name:

Forest Biomass for Energy

Previous Legislation 2008 Farm Bill

No similar provision. Authorizes new competitive research and development 

program to encourage use of forest biomass for energy. To 

be administered by USDA's Forest Service, priority project 

areas include:

● developing technology and techniques to use lowvalue forest biomass for energy production

● developing processes to integrate energy production 

from forest biomass into biorefineries

● developing new transportation fuels from forest 

biomass

● improving growth and yield of trees intended for 

renewable energy

Authorizes appropriation of $15 million annually for FY 2009-

12.

Back to top of page >>

Provision name:

http://www.ers.usda.gov/FarmBill/2008/Titles/TitleIXEnergy.htm (6 of 8) [9/3/2008 9:52:37 AM]
2008 Farm Bill Side-by-Side: Title IX: Energy

Community Wood Energy Program

Previous Legislation 2008 Farm Bill

No similar provision. Authorizes new program to provide State and local 

governments with matching grants of up to $50,000 to 

develop community wood energy plans and to fund a 

program of competitive grants to acquire community wood 

energy systems (that use woody biomass as the primary fuel) 

for public facilities. 

Authorizes appropriations of $5 million annually for FY 2009-

12.

Back to top of page >>

Provision name:

Biofuels Infrastructure Study

Previous Legislation 2008 Farm Bill

No similar provision. Requires Secretaries of Agriculture, Energy, and 

Transportation and Administrator of Environmental Protection 

Agency to jointly conduct a study that includes:

● assessment of infrastructure needs for expanding 

domestic production, transport, and distribution of 

biofuels

● recommendations for infrastructure needs 

● development of a report that summarizes 

infrastructure needs, analyses alternative 

development approaches, and provides 

recommendations for specific infrastructure 

development actions taken

Back to top of page >>

Provision name:

Renewable Fertilizer Study

Previous Legislation 2008 Farm Bill

No similar provision. Requires Secretary to conduct a study to assess current state 

of knowledge regarding potential for production of fertilizer 

from renewable-energy sources in rural areas.

Authorizes appropriations of $1 million in funding for FY 2009.

Back to top of page >>

Provision name:

Energy Provisions in Other Titles

Technology Transfer for Energy Crops and Conversion Facilities. See Title VI, Appropriate Technology 

Transfer Program For Rural Areas.

http://www.ers.usda.gov/FarmBill/2008/Titles/TitleIXEnergy.htm (7 of 8) [9/3/2008 9:52:37 AM]
2008 Farm Bill Side-by-Side: Title IX: Energy

Renewable Energy and Energy Efficiency. See Title VI, Energy Efficiency Programs and Electric Loans for 

Renewable Energy.

Study on Animal Manure Use. See Title XI, Study on Bioenergy Operations.

Studies of Crop Insurance Policies for Energy Crops and Other Commodities. See Title XII, Crop 

Insurance Pilot Programs and New Product Development.

Biofuel Tax Credit and Tariff Provisions. See Title XV, Energy Provisions.

Back to top of page >>

For more information, contact: Erik Dohlman, Margriet Caswell, or Marvin Duncan

Web administration: webadmin@ers.usda.gov

Updated date: August 20, 2008 

 

ERS Home | USDA.gov | Site Map | Policies | What's New | E-Mail Updates | RSS | Translate | Text Only | FedStats | 

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http://www.ers.usda.gov/FarmBill/2008/Titles/TitleIXEnergy.htm (8 of 8) [9/3/2008 9:52:37 AM]
2008 Farm Bill Side-by-Side: Title X: Horticulture and Organic Agriculture

 You are here: Home / Farm Bill Resources / 2008 Farm Bill Side-By-Side / Title X: Horticulture and Organic Agriculture 

2008 Farm Bill Side-By-Side 

Title X: Horticulture and Organic Agriculture

Reauthorizes block grants for States to enhance specialty crop 

competitiveness. Establishes several new plant pest and disease 

management programs and a fresh produce food safety education 

program. Provides funds for farmers' markets and to expand fruit 

and vegetable market news reporting. Increases funding to help 

producers and handlers with organic certification costs, to enhance 

data collection on organic agriculture, and to support Federal 

organic regulatory activities.

List of Key Provisions:

Specialty Crops

Specialty Crop Competitiveness | Pest and Disease Management | Census of Agriculture | Marketing Orders 

Research and/or Promotion Programs | Food Safety Education Initiative | Market News Activities Regarding 

Specialty Crops | Farmers' Market Promotion Program | Market Loss Assistance for Asparagus Producers | 

Grants to Improve Transporting Specialty Crops | Specialty-Crop Provisions in Other Titles

Organic Agriculture

Cost-Share Assistance | Production and Market Data | National Organic Program Support | Organic 

Provisions in Other Titles

Browse A-Z List of Provisions 

● Introduction

● Title I: Commodities

● Title II: Conservation

● Title III: Trade

● Title IV: Nutrition

● Title V: Credit

● Title VI: Rural Development

● Title VII: Research

● Title VIII: Forestry

● Title IX: Energy

● Title X: Hort & Organic Ag

● Title XI: Livestock

● Title XII: Crop Insurance

● Title XIII: Commodity Futures

● Title XIV: Miscellaneous

● Title XV: Trade & Taxes

● 

● Provisions for Traditionally 

Underserved Groups

● ERS Resources

● User's Guide

● A-Z List of Provisions

● List of Provisions by Title

● Background Publications

● Farm Policy Glossary

● Previous Farm Bills

● Related Links

● Download the 2008 Farm 

Bill (1.65MB)

http://www.ers.usda.gov/FarmBill/2008/Titles/TitleXHorticulture.htm (1 of 6) [9/3/2008 9:52:44 AM]
2008 Farm Bill Side-by-Side: Title X: Horticulture and Organic Agriculture

● USDA Farm Bill Site

Provision name:

Specialty Crops 

Specialty Crop Competitiveness

Previous Legislation 2008 Farm Bill 

Specialty Crops Competitiveness Act of 2004 established 

block grants for each State for fiscal years (FY) 2005-09 to 

enhance specialty crop competitiveness, subject to 

appropriations.

Continues Specialty Crop Block Grant Program through FY 

02012. Increases mandatory levels of Commodity Credit 

Corporation (CCC) funding to: 

● $10 million in FY 2008

● $49 million in FY 2009 

● $55 million/year in FY 2010-12

Each State is to receive $100,000 or 1/3 of 1% of total 

funding for each fiscal year, whichever is higher. If State 

does not spend its full amount, money will be reallocated to 

other States.

Eligible "specialty crops" in Specialty Crops 

Competitiveness Act included fruits and vegetables, tree 

nuts, dried fruits, and nursery crops (including floriculture).

Adds horticulture to definition of "specialty crop." Adds 

Guam, American Samoa, U.S. Virgin Islands, and Northern 

Mariana Islands to list of eligible "States."

Market Access Program: Authorized additional $2 million 

for promoting specialty-crop exports above amount already 

authorized under 2002 Farm Act's Trade Title.

Authorizes $200 million annually for FY 2008-12. See Title 

III, Market Access Program.

Pest and Disease Management

Previous Legislation 2008 Farm Bill

Pest Eradication and Detection

Previous Legislation 2008 Farm Bill 

Authorized $1 million annually to support emergency 

eradication and research in response to economic and 

health threats to agricultural commodities from pests 

and diseases. 

Makes Plant Pest and Disease Management and Disaster 

Prevention program funding available: 

● $12 million in FY 2009

● $45 million in FY 2010 

● $50 million in FY 2011, FY 2012, and each year 

thereafter

Funds are to be used for:

● "Early Plant Pest Detection and Surveillance 

Improvement Program" to make funding available 

to States through cooperative agreements for 

early detection of plant pests newly introduced to 

U.S. or certain States or areas

● "Threat Identification and Mitigation Program" to 

assess risks of foreign plant pests and diseases, 

and to implement plans to help prevent 

introduction and widespread dissemination of 

high-consequence plants and diseases

● "Specialty Crop Certification and Risk 

Management Systems" to develop audit-based 

certification systems, such as best management 

practices, to mitigate risk of pests in movement of 

plants and plant products and to develop nursery 

plant pest risk management systems

National Clean Plant Network

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2008 Farm Bill Side-by-Side: Title X: Horticulture and Organic Agriculture

Previous Legislation 2008 Farm Bill 

No similar provision. Creates National Clean Plant Network to house clean 

plant material and maintain blocks of pathogen-tested 

plant material throughout U.S. for pathogen diagnosis 

and elimination. Allows available clean plant material to 

be used by State-certified plant programs and by private 

nurseries and producers. 

Provides mandatory CCC funding of $5 million annually 

during FY 2009-12.

Pest and Disease Revolving Loan Fund

Previous Legislation 2008 Farm Bill 

No similar provision. Appropriates funds for loans to local governments to 

finance purchases of equipment to monitor, remove, 

dispose of, and replace infested trees located in local 

government jurisdiction and within quarantine areas 

infested by plant pests. Maximum amount available to a 

local area is $5 million. 

Permits funding through cooperative agreements with 

local governments related to eradication, prevention, 

control, or suppression of plant pests.

Census of Agriculture

Previous Legislation 2008 Farm Bill 

No similar provision. Includes specialty crops as part of each Census of 

Agriculture.

Marketing Orders Research and/or Promotion Programs

Previous Legislation 2008 Farm Bill

Hass Avocado Marketing Order 

Previous Legislation 2008 Farm Bill 

Hass Avocado Promotion, Research, and Information 

Order enacted to increase consumption of Hass avocados 

in U.S.

Secretary of Agriculture to initiate procedures to 

determine if Hass avocado industry elects to have a new 

marketing order that would establish grades and 

standards for Hass avocados in addition to existing 

promotion and research program.

Mushroom Promotion, Research, and Consumer Information Program

Previous Legislation 2008 Farm Bill 

Mushroom Promotion, Research and Consumer 

Information Act of 1990 provided terms and conditions 

of mushroom marketing order.

Changes number of regions represented on Board, and 

number of pounds required for representation in regions, 

to reflect geographic distribution of mushroom growers 

and their productivity.

Allows development of food safety practices under 

mushroom research and promotion order.

Clementine Marketing Order

Previous Legislation 2008 Farm Bill 

No similar provision. If a Clementine marketing order is requested and 

approved by the industry, Clementine imports must meet 

marketing order requirements.

National Honey Board 

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2008 Farm Bill Side-by-Side: Title X: Horticulture and Organic Agriculture

Previous Legislation 2008 Farm Bill 

Honey Board has conducted research, advertising, and 

promotion programs to help maintain and expand honey 

markets.

Authorizes honey industry referenda regarding 

establishment of marketing board solely for U.S. honey 

producers and board for packers, importers, and 

handlers. 

Food Safety Education Initiative 

Previous Legislation 2008 Farm Bill 

No similar provision. Establishes program to educate persons involved in fresh 

produce industry, and public, about sanitary handling 

practices and ways to reduce pathogens in fresh produce. 

Authorizes appropriations of $1 million annually during FY 

2008-12.

Market News Activities Regarding Specialty Crops 

Previous Legislation 2008 Farm Bill 

USDA's Market News Program provides price and sales 

information to assist in marketing and distribution of farm 

commodities. Reports include information on prices, 

volume, quality, condition, and other market data on farm 

products in specific markets and marketing areas.

Expands market news activities to provide timely price 

information on fruits and vegetables. Authorizes additional 

$9 million annually for FY 2008-12, to remain available 

until expended.

Farmers' Market Promotion Program 

Previous Legislation 2008 Farm Bill 

Farmers' Market Promotion Program provided grants to 

local governments, nonprofit corporations, regional 

farmers' market authorities, or other entities to improve 

and expand farmers' markets, roadside stands, communitysupported agriculture programs, and other direct producerto-consumer market opportunities. Authorized 

appropriations as may have been necessary.

Adds an agri-tourism promotion program to categories of 

farmer-to-consumer direct marketing activities eligible for 

funding. 

Provides mandatory CCC funding of:

● $3 million for FY 2008

● $5 million/year for FY 2009-10

● $10 million/year for FY 2011-12

Requires at least 10% of funds to be used to support use of 

electronic benefit transfers from Federal nutrition programs 

at farmers' markets.

Market Loss Assistance for Asparagus Producers 

Previous Legislation 2008 Farm Bill 

No similar provision. Authorizes payments to producers currently growing 

asparagus for revenue losses during crop years 2004-07 

due to imports. Mandates funding of $7.5 million for 

producers of fresh asparagus and $7.5 million for producers 

of processed or frozen asparagus.

Grants to Improve Transporting Specialty Crops 

Previous Legislation 2008 Farm Bill 

No similar provision. Authorizes grants to improve cost-effectiveness and 

address intermodal deficiencies of transporting specialty 

crops to local, regional, and international markets. Grants 

available to State and local governments; grower 

cooperatives; national, State, or regional producer, 

shipper, or carrier organizations; and other approved 

groups.

Specialty-Crop Provisions in Other Titles

Planting Flexibility. See Title I, Planting Flexibility and Restrictions for Program Participants.

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2008 Farm Bill Side-by-Side: Title X: Horticulture and Organic Agriculture

Planting Transferability Pilot Project. See Title I, Planting Flexibility and Restrictions for Program 

Participants.

Participation by Specialty Crop Producers in Conservation Programs. See Title II, Enrollment and 

Assistance Under Conservation Programs and Conservation Innovation Grants.

Technical Assistance for Specialty Crops. See Title III, Technical Assistance for Specialty Crops (TASC) 

Program.

Pilot Projects to Evaluate Health and Nutrition Promotion in Supplemental Nutrition Assistance 

Program. See Title IV, Nutrition Education, Promotion, and Outreach.

Fresh Fruit and Vegetable Program. See Title IV, Fresh Fruit and Vegetable Program.

Healthy Food Education and Program. See Title IV, Healthy Food Education and School Gardening Pilot 

Programs.

Fruit, Vegetable, and Nut Purchases for Federal Nutrition Programs. See Title IV, Purchase of Fresh 

Fruits and Vegetables for Distribution.

Senior Farmers' Market Nutrition Program. See Title IV, Farmers' Market Nutrition Programs.

Free School Lunch Program. See Title IV, Locally Produced Foods.

Pollinator Protection. See Title VII, Pollinator Research.

Specialty Crop Research Initiative. See Title VII, Specialty Crops.

Specialty Crops Committee Report. See Title VII, Specialty Crops.

Country-of-Origin Labeling. See Title XI, Country-of-Origin Labeling.

Orchard and Nursery Tree Assistance Program. See Title XII, Orchard and Nursery Tree Assistance 

Program.

Pilot Programs for Crop Insurance. See Title XII, Pilot Programs and New Product Development.

Noninsured Crop Assistance Program. See Title XII, Other Risk Management Provisions.

Emergency Assistance for Livestock, Honey Bees, and Farm-Raised Fish. See Title XII, Emergency 

Assistance for Livestock, Honey Bees, and Farm-Raised Fish.

Determination of Drawback Duties for Wine. See Title XV, Unused Merchandise Drawback.

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Provision name:

Organic Agriculture

Cost-Share Assistance for Organic Certification

Previous Legislation 2008 Farm Bill 

Agricultural Risk Protection Act of 2000 authorized costshare assistance for organic certification to producers in 

not more than 15 States that have historically low 

participation rate in Federal Crop Insurance Program.

Established National Organic Certification Cost-Share 

Program to assist producers and handlers of agricultural 

products in obtaining certification under National Organic 

Program, which was established under Organic Foods 

Production Act of 1990. Provided $5 million in FY 2002, to 

remain available until expended. Maximum Federal cost 

share was 75% annually, with up to $500 paid to individual 

producer or handler.

Increases mandatory funding for National Organic 

Certification Cost-Share Program to $22 million in FY 2008, 

to remain available until expended. Maximum Federal cost 

share remains at 75%, but cap increases to $750/

operation. 

Adds State and Federal recordkeeping requirements, and 

requires Secretary to submit annual report to Congress 

describing State expenditures. 

Production and Market Data and Economic Research and Analysis 

Previous Legislation 2008 Farm Bill 

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2008 Farm Bill Side-by-Side: Title X: Horticulture and Organic Agriculture

Required maintenance of segregated data on production 

and marketing of organic agricultural products in ongoing 

data collection on agricultural production and marketing.

Provides $5 million in first-time mandatory CCC funding to 

be available until expended over 5 years for expanded 

organic data collection initiative. Authorizes additional $5 

million/year. 

Objectives are to:

● collect and distribute comprehensive reporting of 

prices relating to organically produced agricultural 

products

● conduct surveys and analysis and publish reports 

relating to organic production, handling, 

distribution, retail, and trend studies (including 

consumer purchasing patterns)

● develop surveys and report statistical analysis on 

organically produced agricultural products

Requires Secretary to submit a progress report on 

implementation of this initiative.

National Organic Program Support 

Previous Legislation 2008 Farm Bill 

No similar provision. Authorizes $5 million in funding in FY 2008 (currently $2.6 

million) for USDA's program that regulates organic 

standards and certification. Increases authorized funding to 

$11 million by FY 2012.

Organic Provisions in Other Titles

Organic Transition Incentives for Beginning Farmers under CRP. See Title II, Conservation Reserve 

Program (CRP).

Organic Transition Support under EQIP. See Title II, Environmental Quality Incentives Program (EQIP).

Organic Certification Cross-Linked with Conservation Stewardship Program. See Title II, Conservation 

Stewardship Program (CSP).

Assistance for Organic Certification. See Title II, Agricultural Management Assistance Program (AMA).

Technical Assistance for Organic Conservation Practices. See Title II, Technical Assistance for Organic 

Conservation Practices.

Organic Credit Provision. See Title V, Conservation Loan and Loan Guarantee Program.

Organic Research Provisions. See Title VII, Organic Agriculture.

Organic Crop Insurance Provision. See Title XII, Insurance of Organic Crops.

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For more information, contact: Susan Pollack or Catherine Greene

Web administration: webadmin@ers.usda.gov

Updated date: August 20, 2008 

 

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http://www.ers.usda.gov/FarmBill/2008/Titles/TitleXHorticulture.htm (6 of 6) [9/3/2008 9:52:44 AM]
2008 Farm Bill: Title XI: Livestock

 You are here: Home / Farm Bill Resources / 2008 Farm Bill Side-By-Side / Title XI: Livestock 

2008 Farm Bill Side-By-Side 

Title XI: Livestock

Enhances electronic mandatory livestock reporting. Adds and 

redefines commodities covered by country-of-origin labeling. 

Allows some interstate sales of State-inspected meat and poultry, 

establishes voluntary catfish grading and inspection, and amends 

rules for hog and poultry production contracts. Addresses livestock 

disease prevention and food safety concerns, increases funding for 

National Sheep Industry Improvement Center, and requires 

manure uses study.

List of Key Provisions:

Livestock Mandatory Reporting

Country-of-Origin Labeling

Covered Commodities | Content and Placement of Labels | Compliance and Verification

Meat, Poultry, and Catfish Inspection

State-Inspected Meat and Poultry | Catfish Grading and Inspection

Hog and Poultry Production Contracts

Livestock Health and Diseases

Animal Health Protection | Trichinae Certification Program | National Aquatic Animal Health Plan | 

Pseudorabies Eradication Program | Cattle Fever Tick Eradication Program 

Miscellaneous

Food Safety Improvements | Reporting Violations of Packers and Stockyards Act | National Sheep Industry 

Improvement Center | Association of Producers | Study on Bioenergy Operations

Livestock-Related Provisions in Other Titles

Wool Loan Deficiency Payments | Dairy Provisions | Conservation Reserve Program (CRP) Grazing | 

Livestock Disaster Assistance

Browse A-Z List of Provisions

● Introduction

● Title I: Commodities

● Title II: Conservation

● Title III: Trade

● Title IV: Nutrition

● Title V: Credit

● Title VI: Rural Development

● Title VII: Research

● Title VIII: Forestry

● Title IX: Energy

● Title X: Hort & Organic Ag

● Title XI: Livestock

● Title XII: Crop Insurance

● Title XIII: Commodity Futures

● Title XIV: Miscellaneous

● Title XV: Trade & Taxes

● 

● Provisions for Traditionally 

Underserved Groups

● ERS Resources

● User's Guide

● A-Z List of Provisions

● List of Provisions by Title

● Background Publications

● Farm Policy Glossary

● Previous Farm Bills

● Related Links

● Download the 2008 Farm 

Bill (1.65MB)

http://www.ers.usda.gov/FarmBill/2008/Titles/TitleXILivestock.htm (1 of 10) [9/3/2008 9:52:53 AM]
2008 Farm Bill: Title XI: Livestock

● USDA Farm Bill Site

Provision name:

Livestock Mandatory Reporting

Previous Legislation 2008 Farm Bill 

Livestock Mandatory Reporting Act of 1999 established a 

program to:

● provide information regarding marketing of cattle, 

hogs (swine), lambs, boxed beef, and lamb-meat 

products that could be understood by producers, 

packers, and other market participants, including 

information on pricing, contracting, and supply and 

demand conditions 

● improve price and supply reporting by USDA

● encourage competition in marketplace for livestock 

and livestock products 

Statutory authority for program lapsed on Sept 30, 2005. In 

Oct 2006, legislation reauthorized program until Sept 30, 

2010, and amended swine reporting requirements. 

Directs Secretary of Agriculture to:

● develop and implement an enhanced system of 

electronic publishing of Livestock Mandatory Reporting 

information, including charts and graphs and 

comparative information from prior reporting periods

● carry out a public market-news education program

Enhanced website to be implemented within 1 year following 

appropriation of sufficient funds, with existing format to 

remain in effect for at least 2 years after Secretary 

determines sufficient funds have been appropriated to 

implement a new system.

Directs Secretary to conduct a study on effects of requiring 

packer processing plants to report information on wholesale 

pork cuts, including:

● economic effects on producers and consumers

● effects of a confidentiality requirement on mandatory 

reporting

Report due to Congress 1 year after enactment of Act. 

Authorizes appropriation of funds necessary to carry out 

website improvements, user education, and wholesale-porkreporting study and report. 

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Provision name:

Country-of-Origin Labeling

Previous Legislation 2008 Farm Bill 

Required retailers to inform consumers of country of origin of 

covered commodities at final point of sale. Foodservice 

establishments were exempted. 

Directed Secretary to issue guidelines for voluntary labeling 

by Sept 30, 2002, and to promulgate requirements for 

mandatory labeling no later than Sept 30, 2004. Public Laws 

108-199 and 109-97 delayed the implementation of policy for 

all covered commodities except fish and shellfish until Sept 

30, 2008. The (interim final) rule for fish and shellfish 

became effective April 4, 2005.

No change. 

Covered Commodities

Previous Legislation 2008 Farm Bill 

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2008 Farm Bill: Title XI: Livestock

Included muscle cuts of beef, lamb, and pork; ground beef, 

ground lamb, and ground pork; farm-raised fish and 

shellfish; wild fish and shellfish; perishable agricultural 

commodities (fresh fruits and vegetables as defined by the 

Perishable Agricultural Commodities Act); and peanuts. 

Poultry not included.

Adds chicken (whole and in parts), goat meat, ginseng, 

pecans, and macadamia nuts.

Meat

Previous Legislation 2008 Farm Bill 

Limited use of U.S. country-of-origin label for covered 

meats to items exclusively born, raised, and slaughtered 

in U.S.

Specifies categories for labeling meat:

● U.S. country of origin: item from animal 

exclusively born, raised, and slaughtered in U.S. 

(or was in U.S. on or before July 15, 2008)

● Immediate slaughter: country from which animal 

was imported and U.S.

● Foreign country of origin: animal not born, raised, 

and slaughtered in U.S.

● Multiple counties of origin: all countries in which 

animal may have been born, raised, and 

slaughtered

● For ground meat: all reasonably possible 

countries where product may have originated

Fish

Previous Legislation 2008 Farm Bill 

Provided new seafood labeling responsibilities to USDA, 

while all other seafood labeling responsibilities remained 

with U.S. Food and Drug Administration (FDA). Required 

label to distinguish between farm-raised and wildharvest seafood products.

No change.

Requires the following for U.S. country-of-origin label:

● farm-raised fish must be hatched, raised, 

harvested, and processed in U.S. 

● wild fish must be harvested and processed in U.

S., in U.S. territorial waters, or on U.S.-registered 

vessel

Perishable Agricultural Commodities, Ginseng, Peanuts, Pecans, and Macadamia Nuts

Previous Legislation 2008 Farm Bill 

Required containers with imported perishable agricultural 

commodities or peanuts be labeled with country-of-origin 

information when entering U.S.

Limits use of U.S. country-of-origin label to commodities 

exclusively produced in U.S. Designation of U.S. State, 

region, or locality where commodity was produced is 

sufficient to identify U.S. as country of origin.

Content and Placement of Labels

Previous Legislation 2008 Farm Bill 

Required that country-of-origin information be provided to 

consumers by label, stamp, mark, placard, or other clear 

and visible sign on commodity or on package, display, 

holding unit, or bin containing the commodity.

No change.

Compliance and Verification

Previous Legislation 2008 Farm Bill 

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2008 Farm Bill: Title XI: Livestock

Provided for compliance audit trails and required 

participants in marketing chain to supply information to 

retailers. Retailers may have been fined up to $10,000 for 

willfully failing to comply. 

Secretary may conduct an audit of any person that 

prepares, stores, handles, or distributes a covered 

commodity for retail sale to verify compliance. Secretary 

may not require records of country of origin other than 

those maintained in normal course of business.

Retailer or person supplying retailer has 30 days to comply. 

If retailer/person willfully fails to comply, Secretary may 

fine retailer/person $1,000 for each violation.

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Provision name:

Meat, Poultry, and Catfish Inspection 

State-Inspected Meat and Poultry

Previous Legislation 2008 Farm Bill 

No similar provision. Amends Federal Meat Inspection Act (FMIA) and Poultry 

Products Inspection Act (PPIA) to create an option for Stateinspected plants with 25 employees or less to ship in 

interstate commerce. Does not replace existing State 

inspection programs. Establishments currently under 

Federal inspection are not eligible. Secretary may allow 

establishments with more than 25 but less than 35 

employees to transition to Federal inspection 3 years after 

final regulations are issued.

Plants selected by Secretary to ship in interstate commerce 

using this program must follow FMIA and PPIA in same 

manner as federally inspected establishments. 

Requires Secretary to reimburse States for not less than 

60% of eligible costs related to inspection of selected 

establishments.

Requires Secretary to issue final regulations for this 

program not later than 18 months after enactment.

State Coordinator 

Previous Legislation 2008 Farm Bill 

No similar provision. Directs Secretary to designate Federal employee as State 

coordinator for each State agency that has a State 

inspection program. State coordinator will oversee 

training and inspection activities of designated personnel 

of the State agency, and will:

● visit selected establishments to ensure they are 

operating in manner consistent with FMIA and 

PPIA

● submit quarterly reports describing status of each 

selected State establishment in regard to 

compliance with FMIA and PPIA

● suspend inspection if an establishment is in 

violation of FMIA or PPIA

Technical Assistance

Previous Legislation 2008 Farm Bill 

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2008 Farm Bill: Title XI: Livestock

No similar provision. Directs Secretary to establish within USDA's Food Safety 

Inspection Service (FSIS) a technical assistance division 

to coordinate 1) outreach, education, and training of very 

small and certain small establishments, and 2) grants to 

State agencies to provide outreach, technical assistance, 

education, and training of very small and certain small 

establishments. 

Secretary may provide grants to appropriate State 

agencies to help establishments covered by intrastate 

inspection under FMIA Title III to transition to this new 

program.

Audits

Previous Legislation 2008 Farm Bill 

No similar provision. Requires USDA Inspector General to conduct an audit no 

later than 2 years after final regulations are issued, and 

no less than every 3 years thereafter, of activities taken 

by Secretary under this section to determine compliance 

with the law. 

Requires Government Accountability Office to conduct an 

audit 3-5 years after enactment to evaluate 

implementation of this program and determine number 

of establishments selected by Secretary.

Catfish Grading and Inspection

Previous Legislation 2008 Farm Bill 

No similar provision. Establishes within USDA a voluntary fee-based grading 

program for catfish. Additional species of farm-raised fish 

or shellfish may be added to grading program through a 

petition process to Secretary. 

Amends FMIA such that catfish are subject to examination 

and inspection by USDA's FSIS when processed for use as 

human food. In its inspections, FSIS must take into 

account conditions under which catfish are raised and 

transported to processing establishment. 

Requires Secretary to submit to Congress an estimate of 

costs of implementing program no later than 30 days after 

enactment. Secretary, in consultation with FDA 

Commissioner, required to issue final regulations no later 

than 18 months after enactment.

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Provision name:

Hog and Poultry Production Contracts

Previous Legislation 2008 Farm Bill 

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2008 Farm Bill: Title XI: Livestock

No similar provision. Amends Packers and Stockyard Act to:

● allow poultry or swine growers to cancel growing or 

production contracts for up to 3 days after signing, or 

any date specified in contract or growing 

arrangement; contract must disclose method and 

deadline for cancellation

● specify that growing or production contracts must 

contain conspicuous statement that additional large 

capital investments may be required of grower during 

term of contract

● places dispute resolution in Federal judicial district in 

which principal part of production occurs; allows 

parties to production contracts to specify what State 

law will govern contract, unless forbidden by the State 

in which principal part of production takes place

● gives growers ability to decline arbitration prior to 

entering contract; parties may agree to arbitration 

when dispute arises if both parties agree in writing; 

any limitation of grower's freedom to choose whether 

or not to pursue arbitration is violation of the Act; 

requires Secretary to establish criteria to determine 

whether arbitration process in contract provides 

meaningful opportunity for growers to participate fully 

in arbitration

Requires Secretary to issue regulations within 2 years with 

respect to Packers and Stockyards Act to establish criteria for 

determining:

● whether an undue or unreasonable preference or 

advantage has occurred in violation of the Act

● whether live poultry dealer has provided reasonable 

notice to growers of any suspension of delivery of 

birds under poultry-growing arrangement

● whether required additional capital investments over 

life of contract constitute violation of the Act

● whether live poultry dealer or swine contractor has 

provided reasonable time period for grower to remedy 

breach of contract that could lead to termination of 

contract

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Provision name:

Livestock Health and Diseases

Animal Health Protection 

Previous Legislation 2008 Farm Bill 

No similar provision. Directs Secretary to compensate industry participants and 

cooperating State agencies for 100% of eligible costs in 

conducting livestock pest or disease detection, control, or 

eradication measures relating to control of low-pathogenic 

diseases.

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2008 Farm Bill: Title XI: Livestock

Gave Secretary authority to prohibit or restrict import or 

export of any animal or related material, if necessary, to 

prevent spread of any livestock pest or disease within or 

from U.S. Secretary could also take measures to detect, 

control, or eradicate any pest or disease of livestock.

Gave Secretary authority to hold, seize, treat, or destroy 

any animal, as well as to limit interstate livestock 

movement. Required Secretary to compensate owners 

based on fair market value of destroyed animals and 

related material.

Increases fines for violations of the Animal Health 

Protection Act (AHPA). Expands subpoena authorities of 

Secretary under APHA to include physical evidence.

Trichinae Certification Program

Previous Legislation 2008 Farm Bill 

No similar provision. Directs Secretary to establish a voluntary trichinae 

certification program, funding is authorized to be 

appropriated. Requires final regulations to be issued no 

later than 90 days after enactment.

National Aquatic Animal Health Plan 

Previous Legislation 2008 Farm Bill 

No similar provision. Secretary may enter into a cooperative agreement with a 

State, Indian tribe, or other appropriate entity to carry out 

a project under a national aquatic animal health plan for 

purpose of detecting, controlling, or eradicating diseases of 

aquaculture species and promoting species-specific best 

management practices.

Secretary may use other authorities of AHPA, including 

operations to detect, control, and eradicate pests and 

diseases and authority to pay claims arising out of 

destruction of any animal, article, or means of conveyance.

Authorizes annual appropriations of such sums as 

necessary for FY 2008-12.

Pseudorabies Eradication Program 

Previous Legislation 2008 Farm Bill 

No similar provision. Sense of Congress that:

● pseudorabies eradication is high priority that should 

be carried out under authorities of AHPA

● feral hogs pose threat to domestic hog population 

and entire livestock industry

● U.S. commercial swine herd should be kept free of 

pseudorabies so as to maintain pork export markets

● swine surveillance system will assist hog industry in 

eradicating pseudorabies

Cattle Fever Tick Eradication Program 

Previous Legislation 2008 Farm Bill 

No similar provision. Sense of Congress that:

● cattle fever tick and southern cattle tick transmit 

babesiosis, a severe disease of cattle 

● national plan for eradicating cattle fever tick should 

be a high priority for Secretary

http://www.ers.usda.gov/FarmBill/2008/Titles/TitleXILivestock.htm (7 of 10) [9/3/2008 9:52:53 AM]
2008 Farm Bill: Title XI: Livestock

Back to top of page >>

Provision name:

Miscellaneous

Food Safety Improvements 

Previous Legislation 2008 Farm Bill 

No similar provision. Amends FMIA and PPIA to require meat and poultry plants 

to:

● immediately notify Secretary if an establishment 

believes or has reason to believe that an 

adulterated or misbranded meat/poultry or meat/

poultry food product has entered commerce

● prepare and maintain, in writing, plan for recall of 

all meat/poultry or meat/poultry food products 

produced and shipped by establishment

● document each reassessment of plant's hazard 

analysis and critical-control-point plans

● upon request, make their recall plans and 

reassessment documents available to USDA 

inspectors for review

Reporting Violations of Packers and Stockyards Act 

Previous Legislation 2008 Farm Bill 

No similar provision. Requires Secretary to submit an annual report to Congress 

on investigations into possible violations of Packers and 

Stockyards Act. Report to contain:

● number of investigations for livestock and poultry, 

by enforcement area (financial, trade, or 

competitive practices)

● length of time investigations are pending with 

USDA's Grain Inspection, Packers, and Stockyards 

Administration; Office of General Counsel; and U.S. 

Department of Justice 

Reporting requirement expires with expiration of this Act.

National Sheep Industry Improvement Center 

Previous Legislation 2008 Farm Bill 

Center established in Consolidated Farm and Rural 

Development Act.

Eliminates requirement that Center privatize its revolving 

fund.

Provides new mandatory funding—from Commodity Credit 

Corporation—of $1 million for FY 2008, to be available until 

expended.

Authorizes annual appropriations of $10 million for FY 2008-

12.

Association of Producers 

Previous Legislation 2008 Farm Bill 

http://www.ers.usda.gov/FarmBill/2008/Titles/TitleXILivestock.htm (8 of 10) [9/3/2008 9:52:53 AM]
2008 Farm Bill: Title XI: Livestock

Agricultural Fair Practices Act of 1967 defined "Association 

of Producers" as any association of producers of 

agricultural products engaged in marketing, bargaining, 

shipping, or processing.

"Handler" defined as any person engaged in business of:

● acquiring agricultural products from producers or 

associations of producers for processing or sale

● grading, packaging, handling, storing, or processing 

agricultural products received from producers or 

associations of producers

● negotiating written or oral contracts or other 

arrangements with, or on behalf of, producers or 

association of producers with respect to production 

or marketing of agricultural product

● acting as an agent or broker for a handler

Redefines, for purposes of Agricultural Fair Practices Act:

● "Association of Producers" includes all organizations 

exclusively composed of agricultural producers

● "Handler" does not include a person, other than a 

packer, that provides custom feeding services to 

producers 

Study on Bioenergy Operations

Previous Legislation 2008 Farm Bill 

No similar provision. Directs Secretary to conduct a study to evaluate role of 

animal manure as fertilizer and potential additional uses. 

Study to evaluate:

● extent to which animal manure is used as fertilizer 

in agricultural operations, by type and size of 

operations

● potential impact on consumers and agricultural 

operations resulting from limits on use of animal 

manure as fertilizer

● effects on agriculture production due to increased 

competition for animal manure from bioenergy 

producers, including as feedstock or replacement for 

fossil fuels

Report due to Congress 1 year after enactment.

Back to top of page >>

Provision name:

Livestock-Related Provisions in Other Titles 

Wool Loan Deficiency Payments. See Title I, Marketing Assistance Loans and Loan Deficiency Payments 

(LDPs) for wool.

Dairy Provisions. See Title I, Dairy.

Conservation Reserve Program (CRP) Grazing. See Title II, Conservation Reserve Program.

Livestock Disaster Assistance. See Title XII, Livestock Indemnity Payments; Livestock Forage Disaster 

Program; and Emergency Assistance for Livestock, Honey Bees, and Farm-Raised Fish. 

Back to top of page >>

For more information, contact: Kenneth Mathews or Keithly Jones

Web administration: webadmin@ers.usda.gov

Updated date: August 20, 2008 

http://www.ers.usda.gov/FarmBill/2008/Titles/TitleXILivestock.htm (9 of 10) [9/3/2008 9:52:53 AM]
2008 Farm Bill Side-By-Side: Title XII: Crop Insurance

 You are here: Home / Farm Bill Resources / 2008 Farm Bill Side-By-Side / Title XII: Crop Insurance 

2008 Farm Bill Side-By-Side 

Title XII: Crop Insurance 

Reduces subsidies to insurance companies for selling and servicing 

crop insurance policies. Increases administrative fees paid by 

farmers for minimum insurance coverage level. Requires studies 

and adjustments to improve organic crop insurance coverage. 

Introduces Supplemental Agricultural Disaster Assistance Program 

that supplements crop insurance coverage and provides disaster 

assistance for livestock (including aquaculture and honey bees), 

forage, and tree and nursery crops.

List of Key Provisions:

Crop Insurance

Premiums | Standard Reinsurance Agreement (SRA) | Program Administration and Integrity | Insurance of 

Organic Crops | Pilot Programs and New Product Development | Other Risk Management Provisions

Supplemental Agricultural Disaster Assistance (SADA)

Agricultural Disaster Relief Trust Fund | Supplemental Revenue Assistance Payments (SURE) | Livestock 

Indemnity Payments | Livestock Forage Disaster Program | Emergency Assistance for Livestock, Honey 

Bees, and Farm-Raised Fish | Orchard and Nursery Tree Assistance Program | Payment Limitations

Fisheries Disaster Assistance

Small Business Loan Program

Browse A-Z List of Provisions

● Introduction

● Title I: Commodities

● Title II: Conservation

● Title III: Trade

● Title IV: Nutrition

● Title V: Credit

● Title VI: Rural Development

● Title VII: Research

● Title VIII: Forestry

● Title IX: Energy

● Title X: Hort & Organic Ag

● Title XI: Livestock

● Title XII: Crop Insurance

● Title XIII: Commodity Futures

● Title XIV: Miscellaneous

● Title XV: Trade & Taxes

● 

● Provisions for Traditionally 

Underserved Groups

● ERS Resources

● User's Guide

● A-Z List of Provisions

● List of Provisions by Title

● Background Publications

● Farm Policy Glossary

● Previous Farm Bills

● Related Links

● Download the 2008 Farm 

Bill (1.65MB)

http://www.ers.usda.gov/FarmBill/2008/Titles/TitleXIICropInsurance.htm (1 of 6) [9/3/2008 9:53:00 AM]
2008 Farm Bill Side-By-Side: Title XII: Crop Insurance

● USDA Farm Bill Site

Provision name:

Crop Insurance is available under several plans of insurance and coverage levels for a wide variety of crops. Crop 

insurance policies are sold and serviced by private insurance companies under premium rates and contract terms 

set by Federal Crop Insurance Corporation (FCIC) and administered by USDA's Risk Management Agency (RMA). 

Premiums and delivery costs are federally subsidized.

Premiums for crop insurance, amounting to expected indemnities plus a reserve, and administrative fees are 

paid by producers and by FCIC (premium subsidies).

Previous Legislation 2008 Farm Bill

Premium subsidies established under Federal Crop 

Insurance Act (FCIA), as amended by Agricultural Risk 

Protection Act of 2000 (ARPA). Subsidy rates varied by 

plan of insurance and coverage level.

Reduces premium subsidy rates for area yield and revenue 

plans. Premium subsidy rates for other plans of insurance 

and coverage levels are unchanged.

Premiums for "catastrophic" (CAT) coverage level were 

entirely subsidized. Producer paid only an administrative 

fee of $100/crop/county.

Continues full subsidization of CAT premiums. Increases 

administrative fee charged for CAT to $300/crop/county.

ARPA allowed insurance companies, with approval of FCIC 

under certain conditions, to offer Premium Reduction Plans 

(PRPs) to producers. Appropriations legislation in 2006 and 

subsequent years prohibited acceptance of PRPs.

Repeals authority to offer PRPs.

Premiums, offset by any indemnities, were billed and paid 

at harvest time.

Sets Aug 15 as billing date for crop insurance premiums, 

beginning in 2012 reinsurance year.

Standard Reinsurance Agreement (SRA) negotiated by FCIC and insurance companies, specifies 

Administrative and Operating (A&O) subsidies paid to insurance companies and shares of underwriting gains or 

losses accruing to companies.

Previous Legislation 2008 Farm Bill

Authorized FCIC to renegotiate Standard Reinsurance 

Agreement (SRA) once during reinsurance years (July 1-

June 30) 2001-05. SRA renegotiated in 2005.

Allows that FCIC may renegotiate SRA to be effective in 

reinsurance year 2011 and once every 5 years unless 

adverse circumstances exist. As part of renegotiation, FCIC 

must consider alternative methods to determine rates for 

payment of companies' administrative and operating costs 

(A&O subsidies). FCIC must also look for specific ways to 

cut A&O for 2011 renegotiations. Changes to SRA to 

incorporate changes in Federal law are not considered 

renegotiations.

A&O subsidy rates negotiated in 2005 SRA. Rates varied by 

plan of insurance, year, and coverage level. For additional 

coverage levels (buy-up) other than area plans of 

insurance, rates ranged from 18.1 to 24.2% of amount of 

premium, depending on year and coverage level. For area 

plans, rates ranged from 18.1 to 22.4%. For CAT, instead 

of A&O subsidy, FCIC paid companies amount equal to 

7.0% of premium for loss adjustment expenses.

Continues to vary rates by plan of insurance and coverage 

level. Reduces each A&O subsidy rate for additional (buyup) coverages, except area plans, by 2.3 percentage 

points, though only 1/2 of reduction will apply in a State in 

year when State loss ratio (indemnities divided by 

premiums) exceeds 1.2. Reduces rates for area plans to 

12%. Reduces CAT rate to 6%.

A&O subsidies and CAT reimbursements were paid as 

acreage reports were filed by companies, usually few 

months after planting.

Requires FCIC to pay A&O subsidies and CAT 

reimbursement as soon as practicable after Oct 1, effective 

with reinsurance year 2012.

Underwriting gains were paid to companies when 

premiums, net of indemnities, were paid by producers and 

FCIC, usually shortly after harvest time. 

Requires FCIC to pay companies underwriting gains on Oct 

1, effective with reinsurance year 2011.

Program Administration and Integrity

Previous Legislation 2008 Farm Bill

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2008 Farm Bill Side-By-Side: Title XII: Crop Insurance

No similar provision. Requires that native-sod acreage that has been tilled for 

production of an annual crop be ineligible for crop 

insurance during first 5 years of planting in Prairie Pothole 

National Priority Areas with approval by governor of the 

respective State.

Program's statutory target loss ratio (indemnities divided 

by premiums) was 1.075.

Reduces target statutory loss ratio to 1.0.

Restrictions placed on payment of insurance premiums and 

administrative fees, including offering rebates, by others 

on behalf of producers.

Clarifies restrictions on payment of insurance premiums 

and fees by others. Limits payments on behalf of producers 

by cooperatives and trade associations to CAT 

administrative fees. Allows patronage dividends by 

cooperatives previously approved by FCIC to continue.

No similar provision. Prohibits producer from obtaining an insurance agent's 

license for sole purpose of benefiting from insurance sales 

commissions on crop insurance policies of producer or 

producer’s immediate family.

Funded "data mining" to identify unusual crop insurance 

claims.

Reprograms existing mandatory funding to continue "data 

mining" project.

No similar provision. Requires special emphasis on risk management strategies, 

education, and outreach targeted at beginning farmers or 

ranchers, legal immigrant farmers or ranchers attempting 

to become established producers in U.S., socially 

disadvantaged farmers or ranchers, farmers or ranchers 

preparing to retire, and new and established farmers or 

ranchers converting production and marketing systems to 

pursue new markets.

Insurance of Organic Crops

Previous Legislation 2008 Farm Bill

No similar provision. Requires FCIC to contract for studies of organic production 

coverage improvement. Unless studies document 

"significant, consistent, and systemic variations in loss 

history between organic and nonorganic crops," requires 

FCIC to eliminate or reduce premium surcharge for organic 

production. Studies to include development of procedure to 

offer additional price election that reflects actual prices 

received for organic crops.

Pilot Programs and New Product Development

Previous Legislation 2008 Farm Bill

Expanded Pilot program of insurance coverage based on 

producer's historical Adjusted Gross Revenue (AGR).

Continues Pilot program. Requires FCIC to contract for 

study of AGR policies for beginning farmers.

Authorized FCIC to offer pilot programs. Pilot programs for 

pasture, rangeland, and forage for livestock production 

were initiated.

Requires FCIC to establish pilot programs of insurance for 

camelina, sesame (in Texas), and grass seed (in Minnesota 

and North Dakota).

No similar provision. Requires FCIC to contract for studies of insurance policies 

for energy crops, aquaculture, poultry, apiary (bees), and 

skip-row cropping practices (for corn and sorghum in 

Central Great Plains).

Other Risk Management Provisions

Previous Legislation 2008 Farm Bill

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2008 Farm Bill Side-By-Side: Title XII: Crop Insurance

Noninsured Assistance Program (NAP), administered by 

USDA's Farm Service Agency, provided coverage similar to 

CAT insurance for crops for which crop insurance was not 

available. Producers were required to pay fee of lesser of 

$100/crop/county or $300/producer/county, not to exceed 

$900 for producers with farming interests in multiple 

counties.

Increases NAP fee to lesser of $300/crop/county or $750/

producer/county, not to exceed $1,875 for producers with 

farming interests in multiple counties.

No similar provision. Requires that native-sod acreage that has been tilled for 

production of an annual crop be ineligible for NAP during 

first 5 years of planting in Prairie Pothole National Priority 

Area with approval by governor of the respective State. 

Provision does not apply to areas that are 5 acres or less.

Back to top of page >>

Provision name:

Supplemental Agricultural Disaster Assistance (SADA)

Previous Legislation 2008 Farm Bill

Agricultural disaster assistance provided as ad hoc legislation. Provides disaster assistance payments to producers of eligible 

commodities (crops, farm-raised fish, honey, and livestock) in 

counties declared by Secretary of Agriculture to be "disaster 

counties," including counties contiguous to disaster counties 

and any farms with losses in normal production of more than 

50% in calendar year. SADA is effective only for losses 

incurred as result of a disaster, adverse weather, or other 

environmental condition that occurs on or before Sept 30, 

2011.

Requires producers to obtain crop insurance for insured 

commodities or pay administrative fees for crops covered by 

NAP to be eligible for SADA. For crop year 2008, eligible 

producers may buy-in to program within 90 days of 

enactment of 2008 Farm Act. Socially disadvantaged and 

limited-resource farmers and ranchers must file appropriate 

paperwork but are exempt from these fees.

Agricultural Disaster Relief Trust Fund to fund SADA. See Title XV, Agricultural Disaster Relief Trust Fund.

Supplemental Revenue Assistance Payments (SURE) are made to eligible producers on farms in disaster 

counties that incurred crop production or crop-quality losses or both during crop year.

Previous Legislation 2008 Farm Bill

No similar provision. Provides payments at 60% of difference (if greater than 

zero) between disaster assistance program guarantee 

and total farm revenue, where revenue includes all crops 

produced on farm.

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2008 Farm Bill Side-By-Side: Title XII: Crop Insurance

No similar provision. Disaster assistance program guarantee is sum of: 

● 115% of insured value of each insurable commodity 

❍ insured value = 100% of price election x 

acres insured x coverage level x yield, where 

yield is higher of adjusted actual production 

history yield or counter-cyclical payments 

(CCP) program yield

● 120% of value of noninsurable commodity = 100% 

of NAP price x acres planted x higher of adjusted 

NAP yield or CCP program yield

No similar provision. Total farm revenue is sum of: 

● acres harvested x estimated actual yield x national 

average market price

● 15% of any direct payments

● all CCP and Average Crop Revenue Election (ACRE)

payments and marketing loan benefits

● any prevented plantings payments

● crop insurance indemnities and NAP payment

● any other related Federal natural disaster payments

Livestock Indemnity Payments

Previous Legislation 2008 Farm Bill

No similar provision. Provides payments to eligible producers for livestock death 

losses in excess of normal mortality due to adverse 

weather. Indemnity payment rate is 75% of market value 

of applicable livestock on day before death, as determined 

by Secretary.

Livestock Forage Disaster Program

Previous Legislation 2008 Farm Bill

No similar provision. Provides payments to eligible producers of covered 

livestock for grazing losses due to drought or fire (on public 

managed land). Payment rates based on monthly feed 

costs, as defined in SADA.

Emergency Assistance for Livestock, Honey Bees, and Farm-Raised Fish

Previous Legislation 2008 Farm Bill

No similar provision. Provides emergency relief to eligible producers of livestock, 

honey bees, and farm-raised fish for losses due to disease, 

adverse weather, or other conditions not covered by 

Supplemental Revenue Assistance Payments, Livestock 

Indemnity Payments or by Livestock Forage Disaster 

Program. Total payments limited to $50 million/year.

Orchard and Nursery Tree Assistance Program

Previous Legislation 2008 Farm Bill

Authorized Secretary to provide assistance to eligible 

orchardists who suffered losses greater than 75% of cost 

of replanting trees lost due to natural disaster, adjusted for 

normal mortality.

Provides assistance to eligible orchardists and nursery tree 

growers for trees lost to natural disasters. Assistance 

includes reimbursement of 70% of cost of replanting trees 

in excess of normal mortality or sufficient seedlings to 

reestablish stand and reimbursement of 50% of cost of 

salvaging damaged trees and preparing land to replant 

trees in excess of normal mortality.

Payment Limitations

Previous Legislation 2008 Farm Bill

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2008 Farm Bill Side-By-Side: Title XII: Crop Insurance

No similar provision. Payment limits for adjusted gross income and direct 

attribution limits apply to disaster assistance payments. 

See Title I, Payment Limits and Income Eligibility. Limit is 

$100,000/person.

Back to top of page >>

Provision name:

Fisheries Disaster Assistance

Previous Legislation 2008 Farm Bill

No similar provision. Requires Secretary to transfer $170,000,000 of CCC funds for 

fiscal year 2008 to Secretary of Commerce for National 

Marine Fisheries Service to distribute to commercial and 

recreational members of fishing communities affected by 

salmon fishery failure in areas of California, Oregon, and 

Washington designated under Magnuson-Stevens Fishery 

Conservation and Management Act.

Back to top of page >>

Provision name:

Small Business Loan Program provides guidance on disaster planning and response logistics for small 

businesses and nonprofit organizations. Also addresses eligibility for disaster-loan assistance. These 

nonagricultural provisions are not summarized.

Back to top of page >>

For more information, contact: Robert Dismukes

Web administration: webadmin@ers.usda.gov

Updated date: August 20, 2008 

 

ERS Home | USDA.gov | Site Map | Policies | What's New | E-Mail Updates | RSS | Translate | Text Only | FedStats | 

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http://www.ers.usda.gov/FarmBill/2008/Titles/TitleXIICropInsurance.htm (6 of 6) [9/3/2008 9:53:00 AM]
2008 Farm Bill Side-by-Side: Title XIII: Commodity Futures

 You are here: Home / Farm Bill Resources / 2008 Farm Bill Side-By-Side / Title XIII: Commodity Futures 

2008 Farm Bill Side-By-Side 

Title XIII: Commodity Futures 

Amends Commodity Exchange Act. Reauthorizes Commodity 

Futures Trading Commission (CFTC) and enhances regulatory and 

enforcement tools to continue oversight of futures industry, 

particularly transactions in foreign currency. Expands CFTC 

authority over off-exchange retail foreign currency fraud and 

provides CFTC increased oversight of contracts trading on Exempt 

Commercial Markets.

List of Key Provisions:

General Provisions

Commodity Futures Trading Commission (CFTC) Authority over Agreements, Contracts, or Transactions in 

Foreign Currency | Anti-Fraud Authority over Principal-to-Principal Transactions | Criminal and Civil 

Penalties | Authorization of Appropriations | Technical and Conforming Amendments | Portfolio Margining 

and Security Index Issues

Significant Price-Discovery Contracts on Exempt Commercial Markets

Significant Price-Discovery Contracts | Large Trader Reporting | Effective Date

Browse A-Z List of Provisions

● Introduction

● Title I: Commodities

● Title II: Conservation

● Title III: Trade

● Title IV: Nutrition

● Title V: Credit

● Title VI: Rural Development

● Title VII: Research

● Title VIII: Forestry

● Title IX: Energy

● Title X: Hort & Organic Ag

● Title XI: Livestock

● Title XII: Crop Insurance

● Title XIII: Commodity 

Futures

● Title XIV: Miscellaneous

● Title XV: Trade & Taxes

● 

● Provisions for Traditionally 

Underserved Groups

● ERS Resources

● User's Guide

● A-Z List of Provisions

● List of Provisions by Title

● Background Publications

● Farm Policy Glossary

● Previous Farm Bills

● Related Links

● Download the 2008 Farm 

Bill (1.65MB)

http://www.ers.usda.gov/FarmBill/2008/Titles/TitleXIIICommodityFutures.htm (1 of 5) [9/3/2008 9:53:06 AM]
2008 Farm Bill Side-by-Side: Title XIII: Commodity Futures

● USDA Farm Bill Site

Provision name:

General Provisions

Commodity Futures Trading Commission (CFTC) Authority Over Agreements, Contracts, or 

Transactions in Foreign Currency

Previous Legislation 2008 Farm Bill 

Commodity Exchange Act (CEA) provided Commodity 

Futures Trading Commission (CFTC) administrative 

authority over futures contacts and foreign currency 

options executed or traded on an organized exchange.

Clarifies CFTC's anti-fraud authority over retail offexchange foreign currency transactions by futures 

commission merchants who are leveraged, margined, or 

financed as if the transaction involved commodity contract 

of sale for future delivery.

CEA granted CFTC jurisdiction over an agreement, 

contract, or transaction (off-exchange) in retail foreign 

currency that involved a commodity future or option unless 

person or counterparty to person involved in a transaction 

is already regulated by another financial regulator. 

Prohibits certain persons from participating in solicitations 

or recommendations relative to retail foreign currency 

futures and similar transactions unless such persons are 1) 

members of a futures association or 2) already regulated 

by another financial regulator. 

Provides for a new category of dealer, "retail foreign 

exchange dealer" (RFED). RFEDs must maintain a minimum 

of $20 million in net capital to be a lawful counterparty for 

a retail off-exchange foreign transaction.

These agreements, contracts, and transactions were 

subject to CFTC anti-fraud authorities.

Provides greater authority to CFTC to address fraudulent or 

deceptive practices by participants in off-exchange foreign 

currency transactions who are not actual counterparty to 

the transaction.

Anti-Fraud Authority over Principal-to-Principal Transactions 

Previous Legislation 2008 Farm Bill 

CEA prohibited fraudulent transactions by any member of a 

registered entity (or associated person) or any person in, 

or in connection with, any contract of sale of any 

commodity for future delivery.

Establishes that fraudulent actions in off-exchange 

principal-to-principal futures transactions are subject to 

CEA anti-fraud provisions.

Does not require persons trading excluded and exempt 

commodities on a derivatives transaction execution facility 

to disclose nonpublic information that may be material to 

market price, rate, or level of commodity or transaction 

except as necessary to avoid misleading other person in 

any material respect.

Criminal and Civil Penalties 

Previous Legislation 2008 Farm Bill 

CEA imposed civil penalties for manipulation of market 

prices of any commodity, subject to rules, regulations, or 

orders of CFTC, in amount not more than higher of 

$100,000 or triple monetary gain to person for each 

violation.

Increases civil penalties for manipulation of market prices 

to not more than greater of $1 million or triple monetary 

gain to each person for each such violation.

CFTC given authority to make and enter an order directing 

registered entity, director, officer, agent, or employee to 

cease and desist from any violations or face civil penalties. 

If party failed or refused to obey or comply with such 

order, it would have been guilty of a misdemeanor and 

face a fine of not more than $500,000 or imprisonment for 

not less than 6 months but not more than 1 year.

Increases civil penalty for registered entities that fail to 

enforce rules to $1 million. Also increases criminal penalty 

for officers of registered entity who fail to comply with 

cease and desist orders in connection with manipulation 

from a misdemeanor to a felony.

CFTC given authority to impose civil penalties of not more 

than higher of $100,000 or triple monetary gain for any 

person in any action.

Increases civil penalties for violations of injunctions or 

restraining orders involving manipulation to $1 million or 

triple monetary gain.

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2008 Farm Bill Side-by-Side: Title XIII: Commodity Futures

Felony declared, punishable by a fine of not more than $1 

million ($500,000 for individual person) or imprisonment 

for not more than 5 years, or both, for any person under 

CEA to:

● embezzle or steal money, securities, or property 

having a value in excess of $100

● manipulate price of any commodity in interstate 

commerce, or for future delivery, to corner any 

such commodity, or to deliver inaccurate 

information that affects price of any commodity

● knowingly make a false or misleading statement in 

any application, report, or document required to be 

filed under the Act or any rule or regulation there 

under

● willfully falsify information to a registered entity, 

board of trade, or futures association registered 

under the Act

● willfully violate any other provision of the Act, or 

any rule or regulation there under

Increases criminal penalty for violations of the Act in 

general from 5 to 10 years and increases civil penalty for 

individual persons to $1 million.

Authorization of Appropriations

Previous Legislation 2008 Farm Bill 

Authorized appropriations for the Act. Authorizes necessary sums to carry out the Act for fiscal 

years (FY) 2008-13.

Technical and Conforming Amendments correct statutory errors and other conforming changes. 

Previous Legislation 2008 Farm Bill 

In general, "trading facility" referred to a person or group 

of persons that constituted, maintained, or provided 

physical or electronic facility or system in which multiple 

participants had ability to execute or trade agreements, 

contracts, or transactions by accepting bids and offers 

made by other participants that were open to multiple 

participants in the facility or system.

Amends definition of "trading facility" to anticipate and 

include markets that use automated trade matching and 

execution algorithms.

Was a violation of the CEA for any person to violate a 

speculative-limit rule of designated contract market, 

derivatives transaction execution facility, or other board of 

trade if that rule had been approved by CFTC. CEA 

permitted exchanges to certify such rules rather than 

submit them for prior CFTC approval.

Harmonizes CEA provisions regarding certification of 

exchange rules. Specifically, it is a violation of CEA, for 

which CFTC may bring an enforcement action, for any 

person to violate a speculative-limit rule that has been 

certified by a registered entity.

Portfolio Margining and Security Index Issues

Previous Legislation 2008 Farm Bill 

Board of Governors of Federal Reserve System (FRS) or, if 

so delegated; Securities Exchange Commission (SEC) and 

CFTC, required to prescribe rules and regulations for 

margin requirements for security futures. 

Requires Secretary of Treasury, Chairman of FRS Board of 

Governors, SEC Chairman, and CFTC Chairman to work 

with SEC, CFTC, or both, to permit risk-based portfolio 

margining for securities by Sept 30, 2008, and trading of 

futures on security indexes by June 30, 2008.

Back to top of page >>

Provision name:

Significant Price-Discovery Contracts on Exempt Commercial Markets

An exempt commercial market is an electronic trading facility that trades exempt commodities on a principal-to-principal basis 

solely between eligible commercial entities.

Significant Price-Discovery Contracts

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2008 Farm Bill Side-by-Side: Title XIII: Commodity Futures

Previous Legislation 2008 Farm Bill 

No similar provision. Defines contract traded on an electronic facility as 

significant price-discovery contract if it competes with 

futures contract in discovering price. 

Provides standards applicable to significant price-discovery 

contracts:

● specifies that if CFTC determines that any 

agreement, contract, or transaction performs 

significant price-discovery function, it will be subject 

to standards of significant price-discovery contracts

● specifies factors CFTC will consider in determining 

whether agreement, contract, or transaction 

performs significant price-discovery function, 

including price linkage, arbitrage, material price 

reference, material liquidity, and other material 

factors

● specifies core principles applicable to an electronic 

facility on which significant price-discovery contracts 

are traded or executed, including those relating to 

contracts not readily susceptible to manipulation, 

monitoring of trading, ability to obtain information, 

position limitations or accountability, emergency 

authority, daily publication of trading information, 

compliance with rules, and conflict of interest

● gives electronic trading facility discretion to take 

into account differences between cleared and 

uncleared significant price-discovery contracts in 

applying core principles and directs CFTC to take 

such differences into consideration when reviewing 

implementation of such principles by electronic 

trading facility

● requires electronic trading facility to notify CFTC 

whenever it has reason to believe that agreement, 

contract, or transaction displays any of the factors 

relating to significant price-discovery function; 

directs CFTC to conduct evaluation at least once a 

year to determine whether any agreement, 

contract, or transaction conducted on electronic 

trading facility performs significant price-discovery 

function.

Large Trader Reporting

Previous Legislation 2008 Farm Bill 

CEA required persons registered as futures commission 

merchants, introducing brokers, floor brokers, or floor 

traders to keep books and records pertaining to 

transactions and positions in such form and manner and for 

such period as may be required by CFTC.

Amends CEA to require reporting and recordkeeping of 

every person registered with CFTC regarding transactions 

and positions of such person in any significant pricediscovery contract traded or executed on electronic trading 

facility.

Amends CEA to make any person buying or selling 

commodities in significant price-discovery contract on 

electronic trading facility subject to trading limits set by 

CFTC and to require such person to report and keep 

records on transactions or positions equal to or in excess of 

such CFTC trading limits.

Effective Date

Previous Legislation 2008 Farm Bill 

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No similar provision. Requires subtitle to become effective on date of enactment 

of this Act.

Requires CFTC to issue a proposed rule regarding 

significant price-discovery standards within 180 days of 

date of enactment and final rule within 270 days.

Requires CFTC to complete a review of agreements, 

contracts, and transactions of any electronic trading facility 

operating on effective date of final rule within 180 days 

after that effective date to determine whether such 

agreement, contract, or transaction performs a significant 

price-discovery function.

Back to top of page >>

For more information, contact: Linwood Hoffman or Gerald Plato

Web administration: webadmin@ers.usda.gov

Updated date: August 20, 2008 

 

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http://www.ers.usda.gov/FarmBill/2008/Titles/TitleXIIICommodityFutures.htm (5 of 5) [9/3/2008 9:53:06 AM]
2008 Farm Bill Side-by-Side: Title XIV: Miscellaneous

 You are here: Home / Farm Bill Resources / 2008 Farm Bill Side-By-Side / Title XIV: Miscellaneous 

2008 Farm Bill Side-By-Side 

Title XIV: Miscellaneous

Expands provisions targeting socially disadvantaged farmers and 

ranchers, enhancing outreach, access, and reporting related to 

USDA program participation. Clarifies USDA Homeland Security 

Office responsibilities and provides guidance on coordination with 

Department of Homeland Security operations. Addresses rural 

development, agricultural labor supply, animal welfare, closure of 

USDA Farm Service Agency offices, and reducing 

methamphetamine production. 

List of Key Provisions:

Socially Disadvantaged and Limited-Resource Producers

Foreclosure | Receipt for Services | Outreach and Assistance Program for Socially Disadvantaged Farmers 

and Ranchers | Accurate Documentation | Transparency and Accountability | Minority Farmers Advisory 

Committee | National Appeals Division | Report of Civil Rights Complaints, Resolution, and Actions | Sense 

of Congress Regarding Claims Against USDA by Socially Disadvantaged Farmers or Ranchers | 

Determination on Merits of Pigford Claims | Office of Advocacy and Outreach

Agricultural Security

Biosecurity Communications Center | Local Capacity in Agricultural Biosecurity Planning, Preparedness, and 

Response | Research and Development of Agricultural Countermeasures | Agricultural Biosecurity Grant 

Program

Other Miscellaneous Provisions

Designation of States for Cotton Research and Promotion | Grants to Reduce Methamphetamine Production

| Grants to Improve Agricultural Labor Supply, Stability, Safety, and Training | Department of Agriculture 

Conference Transparency | Fraudulent USDA Program Participation and Debarment | Farm Service Agency 

Office Closure | USDA Graduate School | Animal Welfare Act Fines | Regional Infrastructure and Economic 

Development | Coordinator for Chronically Underserved Rural Areas | Excess and Surplus USDA Computers 

to Rural Areas | Domestic Food Assistance Programs (Section 32 Funds)

Browse A-Z List of Provisions 

● Introduction

● Title I: Commodities

● Title II: Conservation

● Title III: Trade

● Title IV: Nutrition

● Title V: Credit

● Title VI: Rural Development

● Title VII: Research

● Title VIII: Forestry

● Title IX: Energy

● Title X: Hort & Organic Ag

● Title XI: Livestock

● Title XII: Crop Insurance

● Title XIII: Commodity Futures

● Title XIV: Miscellaneous

● Title XV: Trade & Taxes

● 

● Provisions for Traditionally 

Underserved Groups

● ERS Resources

● User's Guide

● A-Z List of Provisions

● List of Provisions by Title

● Background Publications

● Farm Policy Glossary

● Previous Farm Bills

● Related Links

● Download the 2008 Farm 

Bill (1.65MB)

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2008 Farm Bill Side-by-Side: Title XIV: Miscellaneous

● USDA Farm Bill Site

Provision name:

Socially Disadvantaged and Limited-Resource Producers includes provisions to improve outreach and 

assistance to certain farmers and to improve reporting and information available related to certain farmers.

Foreclosure

Previous Legislation 2008 Farm Bill

Allowed Secretary to forego foreclosure or defer payments 

on principal and interest of any loan held or secured by 

Secretary if borrower showed that he or she could not 

make regular payments due to circumstances beyond his 

or her control.

Includes moratorium on foreclosures on certain loans held 

or secured by USDA if borrower has pending discrimination 

claim against Secretary or files discrimination claim against 

Secretary that is accepted as valid.

Directs Office of Inspector General to issue report on 

consistency of Department's foreclosure procedures.

Receipt for Services

Previous Legislation 2008 Farm Bill

No similar provision. If requested, requires that Farm Service Agency, Natural 

Resources Conservation Service, or agencies of Rural 

Development Mission area provide receipt documenting 

actions taken or not taken in response to requests by any 

current or prospective producer or landowner for benefits 

or services offered by USDA.

Outreach and Assistance Program for Socially Disadvantaged Farmers and Ranchers

Previous Legislation 2008 Farm Bill 

Directed Secretary of Agriculture to develop an outreach 

and assistance program to encourage farm ownership, 

operation, and equitable participation in agricultural 

programs by socially disadvantaged farmers. Program 

operated through grants to qualified organizations that 

served socially disadvantaged farmers.

Adds provision to assist in reaching socially disadvantaged 

farmers or ranchers in linguistically appropriate manner.

Authorized $150 million over fiscal years (FY) 2002-07. Mandates $75 million in Commodity Credit Corporation 

(CCC) funds over FY 2009-12.

Required biannual reports to Congress describing 

participation goals and actual participation rates of socially 

disadvantaged farmers, explanations of successes or 

failures in achieving goals, and State- and county-level 

reviews of loans made to socially disadvantaged farmers 

and participation in agricultural programs. Participation 

rates had to be disclosed by race, ethnicity, and gender.

Required Secretary to establish suboffices at tribal 

headquarters in counties with Indian reservation land.

Expands reporting requirements:

● requires disclosure of recipients of funds, services 

provided and outcomes of those services, and 

explanation of barriers to increasing participation for 

socially disadvantaged farmers

● includes program applicants in reporting 

requirements

● adds reporting of raw numbers of agricultural 

program applicants and participants

Oversight and Compliance

Previous Legislation 2008 Farm Bill

No similar provision. Requires that reports of applications and participation of 

socially disadvantaged farmers be used for oversight and 

evaluation of civil rights compliance.

Accurate Documentation

Previous Legislation 2008 Farm Bill 

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No similar provision. Requires that Census of Agriculture and studies by USDA's 

Economic Research Service accurately document number, 

location, and economic contribution of socially 

disadvantaged farmers or ranchers in agricultural 

production.

Transparency and Accountability

Previous Legislation 2008 Farm Bill 

Required annual public reporting of county- and State-level 

program participation rates, by race, ethnicity, and gender, 

for socially disadvantaged farmers and ranchers.

Requires annual, public reporting in both electronic and 

paper form of county-, State-, and national-level 

application and program data for socially disadvantaged 

farmers and ranchers. Requires inclusion of both raw 

numbers and calculated rates. Mandates collection of data 

as needed. Protects privacy of personal data. 

Minority Farmers Advisory Committee

Previous Legislation 2008 Farm Bill 

No similar provision. Directs Secretary to establish an Advisory Committee on 

Minority Farmers to advise on:

● implementation of Outreach and Technical 

Assistance to Socially Disadvantaged Farmers and 

Ranchers Program 

● methods to maximize participation of minority 

farmers and ranchers in USDA programs 

● USDA civil rights activities related to program 

participants 

Committee members to include at least 4 

socially disadvantaged farmers or ranchers, at 

least 2 representatives of nonprofit 

organizations with history of working with 

minority farmers or ranchers, at least 2 civil 

rights professionals, and at least 2 

representatives of institutions of higher 

learning with experience with minority farmers 

or ranchers. Secretary to appoint USDA 

employees as ex officio members.

National Appeals Division

Previous Legislation 2008 Farm Bill 

Established that final determinations by National Appeals 

Division in cases brought by participants in agricultural 

programs had to be implemented by Secretary within 30 

days of determination.

Adds reporting requirement for cases heard by National 

Appeals Division. Head of each agency must report to 

Congress description of all cases returned to agency, status 

of all final determinations, and description of cases that 

have not received final determinations.

Report of Civil Rights Complaints, Resolution, and Actions

Previous Legislation 2008 Farm Bill 

No similar provision. Establishes annual reporting requirement of all civil rights 

claims brought against USDA, for each agency. Report to 

include number and type of complaints, processing times, 

number of proceedings, number of findings of 

discrimination, and number and type of personnel actions 

following resolution of complaints.

Report to be provided to congressional 

agriculture committees and made publicly 

available on USDA website.

Sense of Congress Regarding Claims Against USDA by Socially Disadvantaged Farmers or Ranchers

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Previous Legislation 2008 Farm Bill 

No similar provision. Sense of Congress that all pending claims and class actions 

brought against USDA by socially disadvantaged farmers or 

ranchers, including Native American, Hispanic, and female 

farmers or ranchers, based on racial, ethnic, or gender 

discrimination in farm program participation should be 

resolved in an expeditious and just manner.

Determination on Merits of Pigford Claims

Previous Legislation 2008 Farm Bill 

Pigford v. Glickman class action lawsuit charging 

discrimination against Black farmers in farm lending 

programs settled in 1999 consent decree. Required filing of 

discrimination claims within 180 days of consent decree, 

but allowed claimants to petition for late-filing.

Allows certain claimants who submitted late-filing requests 

under Pigford v. Glickman consent decree opportunity to 

receive determinations of their claims on their merits.

Provides up to $100 million in CCC funding in FY 2008, to 

remain available until expended, for this provision. 

Authorizes additional appropriations as necessary to carry 

out this provision.

Authority to file claims under this section expires 2 years 

from enactment of 2008 Farm Act.

Office of Advocacy and Outreach

Previous Legislation 2008 Farm Bill

No similar provision in earlier farm bills for establishment 

of an Office of Advocacy and Outreach. 

Directed Advisory Committee for Beginning Farmers and 

Ranchers, established under Agricultural Credit 

Improvement Act of 1992, to coordinate partnerships 

between Secretary and States to provide financial 

assistance to qualified beginning farmers and ranchers.

Establishes USDA Office of Advocacy and Outreach to 

improve access to programs and viability of small, 

beginning, and socially disadvantaged farmers and 

ranchers. Transfers all functions previously handled by 

Office of Outreach and Diversity to this office.

Establishes within the Office 2 groups:

● Socially Disadvantaged Farmers Group

● Small Farms and Beginning Farmers and Ranchers 

Group

Directs Socially Disadvantaged Farmers Group to oversee 

operations of newly established Minority Farmer Advisory 

Committee and Farmworker Coordinator to carry out 

Outreach and Assistance Program for Socially 

Disadvantaged Farmers and Ranchers.

Directs Small Farms and Beginning Farmers and Ranchers 

Group to oversee operations of Office of Small Farms 

Coordination (established under DR 9700-1), consult with 

newly established National Institute for Food and 

Agriculture, and coordinate activities with Advisory 

Committee for Beginning Farmers and Ranchers.

Authorizes appropriations as necessary between FY 2009-

12.

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Provision name:

Agricultural Security

Previous Legislation 2008 Farm Bill 

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2008 Farm Bill Side-by-Side: Title XIV: Miscellaneous

No similar provision. Recognizes and clarifies responsibilities of USDA Homeland 

Security Office and provides guidance on coordinating with 

common Department of Homeland Security operations.

Biosecurity Communications Center

Previous Legislation 2008 Farm Bill 

No similar provision. Establishes Biosecurity Communications Center in USDA 

Homeland Security Office and provides guidance on 

coordinating with related communications centers in other 

Federal departments.

Local Capacity in Agricultural Biosecurity Planning, Preparedness, and Response

Previous Legislation 2008 Farm Bill 

Established program to expand and upgrade security at 

agricultural research facilities to enhance security of U.S. 

agriculture against bioterrorism threats. Competitive grants 

could be awarded to colleges and universities.

Establishes competitive grant program to:

● support development of biosecurity training 

programs

● offer low-interest loan assistance to assist States in 

assessing their agricultural disease response 

capacity

Authorizes appropriations of $25 million in each of FY 2008-

12.

Research and Development of Agricultural Countermeasures

Previous Legislation 2008 Farm Bill

No similar provision. Establishes competitive grant program to encourage basic 

and applied research and development of agricultural 

countermeasures. Authorizes appropriations of $50 million 

in each of FY 2008-12.

Agricultural Biosecurity Grant Program

Previous Legislation 2008 Farm Bill 

Established programs, authorizing such funds as 

necessary, for each of FY 2002-07. Funds were to be 

appropriated for agricultural research, education, and 

extension activities related to reducing vulnerability of U.S. 

food and agricultural system to chemical or biological 

attack. Funds were to be awarded through competitive 

grants.

Establishes competitive grant program aimed at developing 

biosecurity teaching programs in veterinary medicine and 

related disciplines. Authorizes appropriations as necessary 

in each of FY 2008-12.

Back to top of page >>

Provision name:

Other Miscellaneous Provisions

Designation of States for Cotton Research and Promotion

Previous Legislation 2008 Farm Bill 

No similar provision. Adds Kansas, Virginia, and Florida to definition of "cottonproducing State" under Cotton Research and Promotion Act.

Grants to Reduce Methamphetamine Production

Previous Legislation 2008 Farm Bill 

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No similar provision. Establishes agricultural producers, cooperatives, and 

chemical retailers as eligible for $40-$60 grants to install 

locks on anhydrous ammonia nurse tanks or to add a 

substance that reduces methamphetamine production 

efficacy.

Grants to Improve Agricultural Labor Supply, Stability, Safety, and Training

Previous Legislation 2008 Farm Bill 

Provided for training in use of new technologies and 

specialized skills for agricultural development.

Allows that funds may be made available to assist 

agricultural employers and farmworkers with:

● agricultural labor skills development

● provision of agricultural labor market information

● transportation

● short-term housing while in transit to agricultural 

worksite

● workplace literacy and instruction in English as 

second language

● health and safety instruction, including ways to 

safeguard U.S. food supply

● other services Secretary determines to be 

appropriate

Department of Agriculture Conference Transparency

Previous Legislation 2008 Farm Bill

No similar provision. Establishes annual reporting requirement for conferences 

sponsored by USDA or attended by USDA employees. Does 

not include conferences under $10,000 or involving official 

representation outside the U.S.

Fraudulent USDA Program Participation and Debarment

Previous Legislation 2008 Farm Bill 

No similar provision. Authorizes Secretary to debar an individual, organization, 

corporation, or other entity convicted of felony, for no less 

than 10 years, for knowingly defrauding U.S. in connection 

with any program administered by Secretary.

Farm Service Agency Office Closure

Previous Legislation 2008 Farm Bill 

No similar provision. Prohibits Secretary from closing or relocating a USDA Farm 

Service Agency county or field office for first 2 years after 

enactment of 2008 Farm Act, unless office is located less 

than 20 miles from another FSA office or relocation is part 

of routine leasing operations. After 2 years, requires 

closure first of any office with 2 or fewer employees less 

than 20 miles from another FSA office and public notice 

process prior to any closure.

USDA Graduate School

Previous Legislation 2008 Farm Bill

USDA Graduate School operated as a nonappropriated fund 

instrumentality under USDA to provide education, training, 

and professional development for Federal employees, 

nonprofit organizations, and general public.

Ends USDA's authority to operate USDA Graduate School 

as of September 30, 2009, or upon conversion of the 

Graduate School to nongovernmental entity if before that 

date. Authorizes use of USDA funds to assist in conversion 

of USDA Graduate School to nongovernmental entity.

Animal Welfare Act Fines

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Previous Legislation 2008 Farm Bill 

Maximum fine for each violation of Animal Welfare Act was 

$2,500.

Increases maximum fines for each violation of Animal 

Welfare Act to $10,000.

Regional Infrastructure and Economic Development

Previous Legislation 2008 Farm Bill

Existing regional development commissions—including 

Appalachian Regional Commission (ARC) and Denali 

Commission (in Alaska)—plan and implement development 

strategies addressing regional issues, with much of the 

focus on infrastructure development and targeting 

assistance to distressed places. ARC and Denali 

Commission reauthorizations were not included in 2002 

Farm Act.

Reauthorized Delta Regional Authority (DRA) and 

authorized creation of new regional authority covering 

Northern Great Plains region.

Funded study to explore creating regional development 

authority in Southeastern Crescent.

Establishes 3 new regional development commissions, each 

authorized to spend $30 million annually for FY 2008-12:

● Southeast Crescent Regional Commission covers 

parts of Virginia, South Carolina, Georgia, Alabama, 

Mississippi, and Florida not served by ARC

● Southwest Border Regional Commission covers 

parts of Arizona, California, New Mexico, and Texas

● Northern Border Regional Commission covers parts 

of Maine, New Hampshire, New York, and Vermont

Establishes same rules and regulations for all 3 

commissions. Requires grant assistance within each region 

to focus on distressed places, with an emphasis on 

infrastructure. Includes job training, business development, 

health care, resource conservation, recreation and tourism, 

preservation of open space, and renewable and alternative 

energy sources as eligible project objectives. Allows 

funding for operation of local development organizations 

that plan and carry out projects.

Coordinator for Chronically Underserved Rural Areas

Previous Legislation 2008 Farm Bill

No similar provision. However, USDA's director of 

Community Development Programs has overseen rural 

empowerment programs and initiatives aimed at directing 

resources to needy areas and leveraging other resources.

Authorizes new coordinator for chronically underserved 

rural areas—in USDA's Rural Development Mission Area—to 

direct USDA resources to high-need, high-poverty rural 

areas, leveraging resources of State and local 

governments, nonprofits, and community development 

organizations.

Excess and Surplus USDA Computers to Rural Areas

Previous Legislation 2008 Farm Bill 

No similar provision. Authorizes Secretary to make excess or surplus USDA 

computers or other technical equipment available for 

distribution to city, town, or local government entities in 

rural areas.

Domestic Food Assistance Programs (Section 32 Funds)

Previous Legislation 2008 Farm Bill

Section 32 of Agricultural Adjustment Act of August 24, 

1935, authorized permanent appropriation, equal to 30% 

of annual U.S. Customs receipts. Most of Section 32 funds 

are transferred to USDA's Food and Nutrition Service (FNS) 

to support school meals programs.

Section 32 funds transferred to Secretary, acting through 

Administrator of FNS, are to be used to carry out Richard 

B. Russell National School Lunch Act. Maximum amount 

that can be used by Secretary for other purposes is as 

follows:

● FY 2009, $1.173 billion

● FY 2010, $1.199 billion

● FY 2011, $1.215 billion

● FY 2012, $1.231 billion

● FY 2013, $1.248 billion

● FY 2014, $1.266 billion

● FY 2015, $1.284 billion

● FY 2016, $1.303 billion

● FY 2017, $1.322 billion; and

● FY 2018 and each fiscal year thereafter, amount 

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made available for preceding fiscal year, adjusted 

for changes in 12-month period ending on the 

preceding Nov 30 in the Consumer Price Index for 

All Urban Consumers

Back to top of page >>

For more information, contact: Farm policy team

Web administration: webadmin@ers.usda.gov

Updated date: August 20, 2008 

 

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http://www.ers.usda.gov/FarmBill/2008/Titles/TitleXIVMiscellaneous.htm (8 of 8) [9/3/2008 9:53:15 AM]
2008 Farm Bill Side-by-Side: Title XV: Trade and Tax Provisions

 You are here: Home / Farm Bill Resources / 2008 Farm Bill Side-By-Side / Title XV: Trade and Tax Provisions 

2008 Farm Bill Side-By-Side 

Title XV: Trade and Tax Provisions

Creates Agricultural Disaster Relief Trust Fund to fund 

Supplemental Agricultural Disaster Assistance. Introduces 

numerous tax provisions affecting customs fees, conservation and 

commodity program payments, timber investment, biofuel 

production, and agricultural income. Extends Caribbean Basin and 

Haitian textile and apparel trade preferences. 

List of Key Provisions:

Permanent Disaster Assistance 

Supplemental Agricultural Disaster Assistance (SADA) | Agricultural Disaster Relief Trust Fund

Revenue Provisions for Agriculture Programs

Customs User Fees | Time for Payment of Corporate Estimated Taxes

Tax Provisions 

Exclusion of Conservation Reserve Program Payments from SECA (Self-Employment Contributions Act) Tax 

for Certain Individuals | 2-Year Extension of Special Rule Encouraging Contributions of Capital Gain Real 

Property for Conservation Purposes | Deduction for Endangered Species Recovery Expenditures | 

Temporary Reduction in Rate of Tax on Qualified Timber Gain of Corporations | Timber REIT (Real Estate 

Investment Trust) Modernization | Energy Provisions | Agricultural Provisions | Other Revenue Provisions | 

Protection of Social Security

Caribbean Basin Trade Partnership Act

Haitian Hemispheric Opportunity Through Partnership Encouragement Act 

of 2008 (HOPE II)

Unused Merchandise Drawback

Browse A-Z List of Provisions

● Introduction

● Title I: Commodities

● Title II: Conservation

● Title III: Trade

● Title IV: Nutrition

● Title V: Credit

● Title VI: Rural Development

● Title VII: Research

● Title VIII: Forestry

● Title IX: Energy

● Title X: Hort & Organic Ag

● Title XI: Livestock

● Title XII: Crop Insurance

● Title XIII: Commodity Futures

● Title XIV: Miscellaneous

● Title XV: Trade & Taxes

● 

● Provisions for Traditionally 

Underserved Groups

● ERS Resources

● User's Guide

● A-Z List of Provisions

● List of Provisions by Title

● Background Publications

● Farm Policy Glossary

● Previous Farm Bills

● Related Links

● Download the 2008 Farm 

Bill (1.65MB)

http://www.ers.usda.gov/FarmBill/2008/Titles/TitleXVTradeTax.htm (1 of 7) [9/3/2008 9:53:25 AM]
2008 Farm Bill Side-by-Side: Title XV: Trade and Tax Provisions

● USDA Farm Bill Site

Provision name:

Permanent Disaster Assistance

Previous Legislation 2008 Farm Bill 

Supplemental Agricultural Disaster Assistance (SADA). See Title XII, Supplemental Agricultural Disaster 

Assistance (SADA).

Agricultural Disaster Relief Trust Fund to fund SADA.

Previous Legislation 2008 Farm Bill

No similar provision. Creates Agricultural Disaster Relief Trust Fund (Trust Fund) 

to fund SADA with 3.08% of receipts attributable to duties 

collected on articles entered, or withdrawn from 

warehouse, for consumption under Harmonized Tariff 

Schedule. Amounts not required to meet current 

withdrawals may be invested in U.S. Treasury obligations 

with interest credited to Trust Fund. Trust Fund may also 

borrow as repayable advances, with interest, sums 

necessary to carry out purposes of the fund.

Back to top of page >>

Provision name:

Revenue Provisions for Agriculture Programs

Previous Legislation 2008 Farm Bill 

Customs User Fees

Previous Legislation 2008 Farm Bill 

Customs assesses various passenger, conveyance, and 

merchandise processing fees. These fees were scheduled to 

expire in Dec 2014.

Extends passenger and conveyance processing fees to Sept 

30, 2017, and merchandise processing fees until Nov 14, 

2017. 

Time for Payment of Corporate Estimated Taxes

Previous Legislation 2008 Farm Bill 

Required corporations to make quarterly estimated tax 

payments of their income tax liability.

Increases by 7.75 percentage points corporate estimated 

tax payments due in July, Aug, and Sept 2012 for 

corporations with assets of at least $1 billion. 

Back to top of page >>

Provision name:

Tax Provisions 

Previous Legislation 2008 Farm Bill 

Exclusion of Conservation Reserve Program Payments from SECA (Self-Employment Contributions 

Act) Tax for Certain Individuals

Previous Legislation 2008 Farm Bill 

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2008 Farm Bill Side-by-Side: Title XV: Trade and Tax Provisions

Under Internal Revenue Service (IRS) Notice 2006-108 

issued on Dec 18, 2006, all payments received by farmers 

for enrolling land in Conservation Reserve Program (CRP), 

even those described as rental payments under the 

contract, were subjected to self-employment taxes 

regardless of whether or not taxpayer was actively farming.

Provides that CRP payments received by retired or disabled 

individuals are to be treated as rental payments for tax 

purposes and therefore excluded from self-employment 

taxes.

2-Year Extension of Special Rule Encouraging Contributions of Capital Gain Real Property for 

Conservation Purposes

Previous Legislation 2008 Farm Bill 

Enhanced deduction allowed taxpayers to deduct up to 

50% of their adjusted gross income (AGI) and farmers to 

deduct up to 100% of their AGI for contributions of 

conservation easements with any excess deduction carried 

forward for up to 15 years. Provision expired at end of 

2007.

Extends enhanced deduction for contributions of 

conservation easements through Dec 31, 2009.

Deduction for Endangered Species Recovery Expenditures

Previous Legislation 2008 Farm Bill 

No similar provision. Allows expenditures to implement site-specific 

management measures in recovery plans under 

Endangered Species Act to be currently deducted subject to 

limitation that deduction may not exceed 25% of farmer's 

gross farm income for year.

Temporary Reduction in Rate of Tax on Qualified Timber Gain of Corporations

Previous Legislation 2008 Farm Bill 

Sale of timber by C corporation (considered separate entity 

by IRS and subject to Federal income tax at the corporate 

level) was taxed at same rates as ordinary income, up to 

maximum rate of 35%. 

Provides for maximum tax rate of 15% on qualified timber 

gain by C corporation.

Qualified timber gain is net gain on trees held more than 

15 years.

Timber REIT (Real Estate Investment Trust) Modernization

Previous Legislation 2008 Farm Bill 

Deemed gain on cutting or sale of timber held for at least 1 

year eligible for capital gains treatment and not considered 

ordinary business income.

Considers gains from sale of timber as qualifying real 

property income even if held for less than 1 year. 

Defines timber REIT as REIT in which more than 50% of 

value of its assets consists of real property held in 

connection with trade or business of producing timber.

Mineral Royalty Income Qualifying Income for Timber REITs

Previous Legislation 2008 Farm Bill 

REIT was generally restricted to earning certain types of 

passive income, and at least 75% of income must consist 

of real estate-related income, including rents and other 

income from sale or exchange of real property. Interests 

in real property specifically exclude mineral, oil, or gas 

royalty interests. Failure to satisfy REIT income test will 

subject REIT to taxation as a C corporation.

Provides that mineral royalty income from real property 

owned by a timber REIT and held or once held for 

production of timber by such REIT is considered 

qualifying real estate income for purposes of REIT 

income tests.

Modification of Taxable REIT Subsidiary Asset Test for Timber REITs

Previous Legislation 2008 Farm Bill 

REIT was generally not permitted to hold securities 

representing more than 10% of voting power or value of 

any 1 issuer, and these securities cannot represent more 

than 5% of value of REIT assets. However, REIT may 

hold any amount of securities of 1 or more "taxable REIT 

subsidiaries" (TRS) as long as TRS securities did not 

represent more than 20% of REIT assets.

In case of timber REIT, increases allowable amount of 

TRS securities from 20 to 25%.

Safe Harbor for Timber Property

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Previous Legislation 2008 Farm Bill 

REIT was subject to 100% excise tax on gain from sale 

of property that was stock in trade, inventory, or 

property held for sale to customers in ordinary course of 

business. However, no excise tax was imposed if 

property had been held for 4-year period and other safe 

harbor requirements were met.

Reduces required holding period from 4 to 2 years for 

sales to qualifying organization exclusively for 

conservation purposes.

Qualified Forestry Conservation Bonds

Previous Legislation 2008 Farm Bill 

No similar provision. Establishes national program that provides for issuance 

of up to $500 million in tax-credit timber conservation 

bonds for acquisition of forest and forest lands subject to 

conservation restrictions. These bonds could be issued by 

States or any political subdivision thereof and 501(c)(3) 

organizations. Holders of these bonds are eligible for 

credits against their income tax.

Energy Provisions

Previous Legislation 2008 Farm Bill 

Credit for Production of Cellulosic Biofuel

Previous Legislation 2008 Farm Bill 

No similar provision. Provides temporary cellulosic biofuels production tax 

credit of up to $1.01/gallon through Dec 31, 2012.

Comprehensive Study of Biofuels

Previous Legislation 2008 Farm Bill 

No similar provision. Requires study to be conducted by National Academy of 

Sciences concerning future production of biofuels and 

domestic effects of increased production. 

Modification of Alcohol Credit

Previous Legislation 2008 Farm Bill 

Provided income and excise tax credit of 51 cents/gallon 

of ethanol mixed with gasoline to blending firms. 

Reduces tax credits to 45 cents/gallon in calendar year 

after annual production or importation of ethanol reaches 

7.5 billion gallons.

Calculation of Volume of Alcohol for Fuel Credits

Previous Legislation 2008 Farm Bill 

In determining volume of alcohol for purposes of the 

credit for alcohol used as fuel or in qualified mixture, 

volume included any denaturant as long as denaturant 

did not exceed 5% of volume of such alcohol.

Reduces amount of allowable denaturants to 2% of 

volume of alcohol.

Ethanol Duty Extension

Previous Legislation 2008 Farm Bill 

Imposed tariff on imported ethanol through Dec 31, 

2008.

Extends additional duty on ethanol imported for fuel use 

for 2 years through Dec 31, 2010.

Limitations on Duty Drawback on Certain Imported Ethanol

Previous Legislation 2008 Farm Bill 

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U.S. businesses were eligible for rebate of duties, fees, 

or taxes paid on imported goods when the business 

subsequently exported a "commercially interchangeable" 

good. Rebate was made available for exported jet fuel on 

basis of ethanol imports, even though imported ethanol 

was not blended with exported jet fuel.

Phases out rebates available for imported ethanol after 

Oct 1, 2008.

Agricultural Provisions 

Previous Legislation 2008 Farm Bill 

Increase in Loan Limits on Agricultural Bonds

Previous Legislation 2008 Farm Bill 

Tax-exempt agricultural bonds (Aggie Bonds) issued by 

State and local governments provided low-interest loans 

of up to $250,000 to first-time farmers and ranchers. 

First-time farmer was individual that did not have direct 

ownership interest in land that was larger than 30% of 

median size of farm in county in which parcel was 

located or that had value greater than $125,000.

Increases loan limit from $250,000 to $450,000 and 

indexes it for inflation. Modifies definition of first-time 

farmer by dropping $125,000 limitation on value of land 

in which individual had prior ownership interest.

Allowance of Section 1031 Treatment for Exchanges Involving Certain Mutual Ditch, Reservoir, 

or Irrigation Company Stock

Previous Legislation 2008 Farm Bill 

IRS Code Section 1031, like-kind exchange treatment, 

generally did not apply to exchange of stock.

Treats exchange of mutual ditch, reservoir, or irrigation 

company stock as exchange of real property and, 

therefore, it will qualify for Section 1031 treatment.

Agricultural Chemicals Security Credit

Previous Legislation 2008 Farm Bill 

No similar provision. Allows that retailers of agricultural products and 

chemicals and manufacturers, formulators, or 

distributors of certain pesticides be eligible for tax credit 

of 30% of costs for protection of such chemicals or 

pesticides.

3-Year Depreciation for Race Horses That Are 2-Years Old or Younger

Previous Legislation 2008 Farm Bill 

Required cost of race horses 2-years old or younger 

when placed in service to be depreciated over 7-year 

period.

Allows all race horses, regardless of age when placed in 

service, to be depreciated over 3-year period.

Temporary Tax Relief for Kiowa County, KS, and Surrounding Area

Previous Legislation 2008 Farm Bill 

No similar provision. Provides variety of tax relief measures to victims of 

tornados and storms that hit Greensburg, KS, area on 

May 4, 2007.

Competitive Certification Awards Modification Authority

Previous Legislation 2008 Farm Bill 

No similar provision. Provides authority to Secretary of Treasury to modify 

terms of qualifying competitive certification award and 

associated closing agreement with regard to advance 

coal and gasification project credit. 

Other Revenue Provisions

Previous Legislation 2008 Farm Bill 

Limitation on Excess Farm Losses of Certain Taxpayers

Previous Legislation 2008 Farm Bill 

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No limit on amount of farm losses that farmers who 

actively participated in farming operation could use to 

reduce nonfarm income.

Limits amount of farm losses that an individual can use 

to offset nonfarm income to greater of $300,000 or net 

farm income individual has reported over last 5 years. 

Limitation only applies to those farmers receiving direct, 

counter-cyclical, or Commodity Credit Corporation (CCC) 

loans. Losses that are limited can be carried forward to 

subsequent years. For purposes of this limitation, 

farming is defined to include processing of agricultural 

commodities. 

Modification of Optional Method of Computing Net Earnings for Self-Employment

Previous Legislation 2008 Farm Bill 

Allowed farmer with little or no net farm income to elect 

an optional method of computing net earnings for selfemployment tax purposes. However, payment levels 

under this optional method were not updated and no 

longer permit farmer to earn 4 quarters of coverage per 

year.

Modifies farm optional method for computing earnings 

for self-employment tax purposes to allow a farmer to 

obtain 4 credits of Social Security benefit coverage per 

year.

Information Reporting for CCC Transactions

Previous Legislation 2008 Farm Bill 

For market assistance loans repaid by farmer after Jan 1, 

2007, IRS Notice 2007-63 provided that CCC must issue 

Form 1099-G and report market gain associated with 

repayment whether farmer repaid loan with cash or CCC 

certificates.

For loans repaid on or after Jan 1, 2007, codifies 

requirement that CCC issue Form 1099-G regardless of 

method taxpayer uses to repay loan.

Protection of Social Security

Previous Legislation 2008 Farm Bill 

No similar provision. To prevent Social Security Trust Fund from being reduced 

as result of this Act, requires Secretary of Treasury to 

transfer funds from general revenues for fiscal years 2009-

17.

Back to top of page >>

Provision name:

Caribbean Basin Trade Partnership Act 

Previous Legislation 2008 Farm Bill 

Provided trade preferences for textile and apparel from 

Caribbean Basin countries.

Provisions extended through Sept 30, 2010.

Back to top of page >>

Provision name:

Haitian Hemispheric Opportunity Through Partnership Encouragement Act of 2008 (HOPE II)

Previous Legislation 2008 Farm Bill 

Provided preferential treatment to apparel imports from Haiti. Simplifies rules for Haitian apparel to qualify for duty-free 

treatment. Authorizes apparel sector labor capacity building 

and monitoring program. Extends apparel benefits through 

Sept 30, 2018. 

Back to top of page >>

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Provision name:

Unused Merchandise Drawback

Previous Legislation 2008 Farm Bill 

Unused merchandise drawback of tariff paid was available 

when imported wine was exported or destroyed within 3 

years of import without being used in U.S. 

Domestic or other wine commercially interchangeable with 

the imported wine may have been substituted for the 

imported wine.

A drawback, equal to 99% of duty paid upon importing, was 

granted on substituted domestic wine that:

● was exported or destroyed

● imported wine that was reexported or 

● combination of any of these, as long as exported wine 

was not used in U.S.

To determine commercially interchangeable, U.S. Customs 

and Border Protection evaluated critical properties of the 

wine, including:

● government and industrial standards

● part numbers

● tariff classification

● value 

Tightens definition of "commercially interchangeable," 

requiring domestic wine that will be exported to receive the 

duty drawback to be of same color as imported wine and 

have price variability of no greater than 50% of value of the 

imported wine.

Back to top of page >>

For more information, contact: Ron Durst or Edwin Young

Web administration: webadmin@ers.usda.gov

Updated date: August 20, 2008 

 

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2008 Farm Bill Side-By-Side: Provisions for Traditionally Underserved Groups

 You are here: Home / Farm Bill Resources / 2008 Farm Bill Side-By-Side / Provisions for Traditionally Underserved Groups 

2008 Farm Bill Side-By-Side 

Provisions for Traditionally Underserved Groups

The 2008 Farm Act includes participation incentives and 

improved access to farm programs for beginning, limitedresource, and socially disadvantaged farmers and 

ranchers. Though not all Titles address the needs of all 

groups, provisions appear in Title I (Commodities), Title II

(Conservation), Title V (Credit), Title VI (Rural Development), 

Title VII (Research), Title IX (Energy), Title XII (Crop 

Insurance), Title XIV (Miscellaneous), and Title XV (Trade and Tax Provisions).

Definitions

Definitions of these three groups vary by title:

● Beginning Farmer or Rancher: In Titles II, VI, IX, and XIV, this term is left to 

be defined by Secretary of Agriculture. Title VII further specifies the definition to 

include an individual or an entity who has not operated a farm or ranch or has 

operated a farm or ranch for not more than 10 years, as well as "such other 

criteria as the Secretary may establish." Title V uses a similar definition for 

"qualified beginning farmer or rancher" for the purposes of credit programs, 

which also spells out requirements for operations that are organized as 

cooperatives, corporations, or other entities. To qualify, all members of the entity 

must be related by blood or marriage and all must be beginning farmers or 

ranchers. Definitions currently used by USDA's Natural Resources Conservation 

Service and Farm Services Agency add the requirement that the individual or 

entity must substantially participate in day-to-day operations of the farm or 

ranch (definition applies to all members of the entity). In Title XII, no specific 

reference is made to a definition for beginning farmers and ranchers.

● Socially Disadvantaged Farmer or Rancher: This term means a farmer or 

rancher who is a member of a socially disadvantaged group. "Socially 

disadvantaged group" means a group whose members have been subjected to 

racial or ethnic prejudice because of their identity as members of a group without 

regard to their individual qualities. The definition that applies to Titles I, V, and 

VI includes members of a group subject to gender prejudice, while the definition 

that applies to Titles II, IX, XII, and XV does not. Title XIV and the Education and 

Risk Management Assistance provision in Title XII do not make specific reference 

to the statutory definition of socially disadvantaged farmer or rancher.

● Limited-Resource Farmer or Rancher: Titles I, II, and XII are the only titles 

that refer to limited-resource farmers or ranchers. The term "limited-resource 

farmer or rancher" means such term as defined by the Secretary. As currently 

defined by USDA, a limited-resource farmer or rancher is one who has: 1) direct 

or indirect gross farm sales not more than $116,800 in each of the previous 2 

years (in 2005 dollars, adjusted for inflation each year), and 2) a total household 

income at or below the national poverty level for a family of four or less than 50 

● Introduction

● Title I: Commodities

● Title II: Conservation

● Title III: Trade

● Title IV: Nutrition

● Title V: Credit

● Title VI: Rural Development

● Title VII: Research

● Title VIII: Forestry

● Title IX: Energy

● Title X: Hort & Organic Ag

● Title XI: Livestock

● Title XII: Crop Insurance

● Title XIII: Commodity Futures

● Title XIV: Miscellaneous

● Title XV: Trade & Taxes

● 

● Provisions for 

Traditionally Underserved 

Groups

● ERS Resources

● User's Guide

● A-Z List of Provisions

● List of Provisions by Title

● Background Publications

● Farm Policy Glossary

● Previous Farm Bills

● Related Links

● Download the 2008 Farm 

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2008 Farm Bill Side-By-Side: Provisions for Traditionally Underserved Groups

percent of county median household income in each of the previous 2 years.

Title I: Commodity Programs

● Direct Payments and Counter-Cyclical Payments. Treatment of Farms With 

Limited Base Acres exempts limited-resource and socially disadvantaged farmers 

and ranchers from the base-acreage minimum for receiving direct, countercyclical, or average crop revenue election payments.

Title II: Conservation 

● Transfer of Conservation Reserve Program (CRP) Land. Conservation 

Reserve Program facilitates transfer of CRP land from a retiring farmer or rancher 

to a beginning or socially disadvantaged farmer or rancher.

● Advance Payments in EQIP. Environmental Quality Incentives Program (EQIP)

provides advance payments for beginning, limited-resource, or socially 

disadvantaged farmers or ranchers.

● Cost-Share Reimbursements in EQIP. Environmental Quality Incentives 

Program adds socially disadvantaged farmers to those eligible for higher costshare rates.

● Funding and Acreage Set-Asides in Working Lands Programs. Conservation 

Access sets aside a portion of funds in EQIP and acres in the Conservation 

Stewardship Program (CSP) for beginning and socially disadvantaged farmers 

and ranchers.

● Cost-Share Reimbursements in CSP. Conservation Stewardship Program

changes the method for setting payments for all producers, and no longer 

specifically provides for higher cost-share rates on new practices applied by 

beginning and limited-resource producers.

● Conservation Program Participation Incentives. Incentives for Certain 

Farmers and Ranchers and Indian Tribes adds socially disadvantaged farmers and 

ranchers to those eligible for conservation program participation incentives.

Title V: Credit

● Priority for Loans and Guarantees. Conservation Loan and Loan Guarantee 

Program gives priority to beginning and socially disadvantaged farmers and 

ranchers who use loans to cover costs to carry out a qualified conservation 

project.

● Down Payment Loans. Down Payment Loan Program adds socially 

disadvantaged farmers and ranchers to the program, which previously benefited 

only beginning farmers and ranchers, and adjusts rates and terms of loans for all 

participants.

● Contract Land Sales Loan Guarantee. Beginning Farmer or Rancher and 

Socially Disadvantaged Farmer or Rancher Contract Land Sales Program expands 

the program that guarantees loans for private-contract land sales to beginning 

farmers and ranchers and adds socially disadvantaged farmers and ranchers.

● Matching Funds Savings Accounts. Beginning Farmers and Rancher Individual 

Development Accounts Pilot Program offers beginning farmers and ranchers an 

opportunity to participate in matching-fund savings accounts.

● Priority for Buying USDA Farm Service Agency Inventory Property.

Inventory Sales Preferences reestablishes socially disadvantaged farmers and 

Bill (1.65MB)

● USDA Farm Bill Site

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2008 Farm Bill Side-By-Side: Provisions for Traditionally Underserved Groups

ranchers as a priority group, along with beginning farmers and ranchers, for 

buying USDA inventory property.

● Loan Fund Set-Asides. Loan Fund Set-Asides increases the percentage of loan 

funds set aside for beginning farmers and ranchers.

● Homestead Right of First Refusal. Extension of Right of First Refusal to 

Reacquire Homestead Property to Immediate Family Members of Borrower-Owner

provides for immediate family members to have the first opportunity to reacquire 

homestead property lost by a borrower, when the former borrower is a member 

of a socially disadvantaged group.

● Loans for Highly Fractionated Land. Loans to Purchasers of Highly Fractioned 

Land allows for loans to purchase highly fractionated land under the terms of the 

Indian Land Consolidation Act.

Title VI: Rural Development

● Marketing Development Grants. Value-Added Agricultural Product Marketing 

Development Grants gives priority and sets asides funds for projects that will 

benefit beginning and socially disadvantaged farmers and ranchers.

● Rural Cooperative Development Grants Set-Aside. Existing Programs

reserve 20 percent of grant funds for entities that serve socially disadvantaged 

farmers and ranchers.

Title VII: Research and Related Matters

● Education, Training, Outreach, and Assistance Grants. Beginning Farmer 

and Rancher Development Program awards grants to provide assistance to 

beginning farmers and ranchers.

Title IX: Energy

● Assistance with Transitioning to Bioenergy Crops. Biomass Crop Assistance 

Program includes participation rates of beginning and socially disadvantaged 

farmers and ranchers as a selection criteria for project areas.

Title XII: Crop Insurance 

● Risk Management Assistance. Supplemental Agricultural Disaster Assistance 

(SADA) waiver exempts beginning, socially disadvantaged, and limited-resource 

farmers and ranchers from the minimum risk-management purchase requirement 

to be eligible for disaster assistance.

Title XIV: Miscellaneous 

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● Outreach and Technical Assistance. Outreach and Assistance Program for 

Socially Disadvantaged Farmers and Ranchers expands grant program to 

encourage farming and program participation by socially disadvantaged groups.

● Accurate Documentation. Accurate Documentation in the Census of Agriculture 

and Certain Studies requires accurate documentation of socially disadvantaged 

farmers and ranchers in the Census of Agriculture and Economic Research 

Service studies.

● Program Reporting. Transparency and Accountability for socially disadvantaged 

farmers or ranchers requires compilation and reporting of data on participation of 

socially disadvantaged farmers and ranchers in USDA programs.

● Minority Farmer Advisory Committee. Minority Farmer Advisory Committee

requires establishment of a committee with at least four socially disadvantaged 

farmers or ranchers and other professionals working with minority farmers and 

ranchers to advise the Secretary on maximizing minority farmer and rancher 

participation in USDA programs.

● Socially Disadvantaged Farmer or Rancher Claims and Class Actions.

Sense of Congress Regarding Claims Against USDA by Socially Disadvantaged 

Farmers or Ranchers encourages the expeditious and just resolution of all 

pending claims and class actions relating to discrimination in farm programs.

● Pigford Claims. Determination on Merits of Pigford Claims offers an opportunity 

for a determination on the merits for certain claims previously denied for late 

filing under the consent decree in the Pigford v. Glickman class action case 

claiming race discrimination in USDA farm lending programs.

● Access to Programs. Office of Advocacy and Outreach establishes an office to 

improve program access for beginning, socially disadvantaged, and small farmers 

and ranchers.

Title XV: Trade and Tax Provisions

● Risk Management Assistance. Supplemental Agricultural Disaster Assistance 

(SADA) waiver repeats the exemption provisions in the Supplemental Revenue 

Assistance Payments (SURE) program described in Title XII.

For more information, contact: Farm policy team

Web administration: webadmin@ers.usda.gov

Updated date: August 20, 2008 

 

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2008 Farm Bill Side-by-Side: User's Guide

 You are here: Home / Farm Bill Resources / 2008 Farm Bill Side-By-Side / User's Guide 

2008 Farm Bill Side-By-Side 

The 2008 Farm Bill: User's Guide

This guide highlights the main features of the 2008 Farm Bill Side-By-Side. Follow each link 

below for additional details and screen shots. 

● Navigation

● Search

● Provisions and Sub-Provisions

● Provisions for Traditionally 

Underserved Groups

● 2008 Act Overview 

● Video Intro to the Side-By-Side

● Farm Policy Glossary 

● Lists of Provisions

● Background Publications

● Previous Farm Bills

Navigation

The easiest way to get around in the 2008 Farm Bill Side-By-Side is to use 

the navigation menu on the right, which links to specific titles in the Farm 

Bill.

Further down on the right navigation bar are links to additional resources, including other 

resources on the ERS website, a link to USDA's main Farm Bill page, and a PDF version of 

the full Farm Bill. 

At the top of each title page is a list of key provisions and sub-provisions. Click on the text 

to go directly to a specific section of the page.

● Introduction

● Title I: Commodities

● Title II: Conservation

● Title III: Trade

● Title IV: Nutrition

● Title V: Credit

● Title VI: Rural Development

● Title VII: Research

● Title VIII: Forestry

● Title IX: Energy

● Title X: Hort & Organic Ag

● Title XI: Livestock

● Title XII: Crop Insurance

● Title XIII: Commodity Futures

● Title XIV: Miscellaneous

● Title XV: Trade & Taxes

● 

● Provisions for Traditionally 

Underserved Groups

● ERS Resources

● User's Guide

● A-Z List of Provisions

● List of Provisions by Title

● Background Publications

● Farm Policy Glossary

● Previous Farm Bills

● Related Links

● Download the 2008 Farm 

Bill (1.65MB)

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2008 Farm Bill Side-by-Side: User's Guide

At the bottom of each list of key provisions is a link to an A-to-Z list of all provisions, as 

well as a search box that allows you to search the entire Side-By-Side using specific 

keywords.

Back to top of page >>

Search

The entire 2008 Farm Bill Side-By-Side (including the Farm Policy Glossary) is searchable. 

On title pages, look for the search function at the bottom of the list of key provisions.

The search function is also available on other pages. 

● USDA Farm Bill Site

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2008 Farm Bill Side-by-Side: User's Guide

Back to top of page >>

Provisions and Sub-Provisions

Each provision and sub-provision includes a "side-by-side" comparison of previous 

legislation (e.g. 2002 Farm Act) with the new 2008 Farm Bill. 

Key provisions are, when applicable, broken down into sub- and sub-sub-provisions. These 

transitions are indicated by an indented text box and arrow.

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Back to top of page >>

Provisions for Traditionally Underserved Groups

The 2008 Farm Bill Side-By-Side features a special section that gathers information on 

provisions directed toward beginning, limited-resource, and socially disadvantaged farmers 

and ranchers in one place. 

Back to top of page >>

2008 Act Overview

The 2008 Act Overview page provides more background on the new Farm Bill.

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2008 Farm Bill Side-by-Side: User's Guide

Back to top of page >>

Video Intro to the Side-By-Side 

ERS has prepared a video introduction to the Side-By-Side, featuring a brief discussion of 

new features and testimonials from influential users.

Back to top of page >>

Farm Policy Glossary 

Within the text in each provision, some terms may be highlighted and will link to a 

definition in the Farm Policy Glossary. Other terms may link to pages outside the ERS 

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2008 Farm Bill Side-by-Side: User's Guide

website. 

Back to top of page >>

Lists of Provisions

If you know the name of a provision, or some key words or phrases, but aren't sure what 

title to look under, the A-Z List of Provisions will help you find what you're looking for. 

Scroll down the entire list, jump directly to a letter using the links at the top of the page, or 

search the entire page for a particular term or phrase. 

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2008 Farm Bill Side-by-Side: User's Guide

If you don't know the name of a provision, or if you want to see a list of all the provisions 

in a specific title, use the List of Provisions by Title to find what you're looking for.

Scroll down the entire list, jump directly to a title using the links at the top of the page, or 

search the entire page for a particular term or phrase.

Back to top of page >>

Background Publications 

The 2008 Farm Bill Side-By-Side includes a list of background publications that will help 

provide context for the new legislation. You can get to the Background Publications page 

from the right navigation bar. Once on the page, publications are arranged by subject. You 

can navigate the page by clicking on the subject index at the top of the page. 

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2008 Farm Bill Side-by-Side: User's Guide

Back to top of page >>

Previous Farm Bills 

You can access previous Farm Bills, Side-By-Sides, and additional ERS research from this 

page.

Back to top of page >>

For more information, contact: Farm policy team

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2008 Farm Bill Side-By-Side: A-Z List of Provisions

 You are here: Home / Farm Bill Resources / 2008 Farm Bill Side-By-Side / A-Z List of Provisions

2008 Farm Bill Side-By-Side 

A-Z List of Provisions

● Introduction

● Title I: Commodities

● Title II: Conservation

● Title III: Trade

● Title IV: Nutrition

● Title V: Credit

● Title VI: Rural Development

● Title VII: Research

● Title VIII: Forestry

● Title IX: Energy

● Title X: Hort & Organic Ag

● Title XI: Livestock

● Title XII: Crop Insurance

● Title XIII: Commodity Futures

● Title XIV: Miscellaneous

● Title XV: Trade & Taxes

● 

● Provisions for Traditionally 

Underserved Groups

● ERS Resources

● User's Guide

● A-Z List of Provisions

● List of Provisions by Title

● Background Publications

● Farm Policy Glossary

● Previous Farm Bills

● Related Links

● Download the 2008 Farm 

Bill (1.65MB)

See also the List of Provisions by Title. Use Ctrl+F to search this page. 

[ | A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | ]

A

ACRE Guarantee Parameters

ACRE Payment Parameters

ACRE Payment Timing

ACRE Payments

Accurate Documentation

Acreage Base and Payment Acres for Calculating Direct and Counter-Cyclical Payments

Acreage Limitations

Adjusted Gross Income Limitation

Administration

Administrative Provisions 

Agricultural Biosecurity Grant Program

Agricultural Chemicals Security Credit

Agricultural Conservation Experienced Service Program (ACES)

Agricultural Disaster Relief Trust Fund

Agricultural Land Preservation Programs

Agricultural Management Assistance Program (AMA)

Agricultural Provisions

Agricultural Research Facility Funding

Agricultural Security

Agricultural Water Enhancement Program

Agriculture and Food Research Initiative (AFRI)

Allowance of Section 1031 Treatment for Exchanges Involving Certain Mutual Ditch, 

Reservoir, or Irrigation Company Stock

Amendments to Agricultural Trade Act of 1978 and Related Statutes

Amendments to Cooperative Forestry Assistance Act of 1978 (CFAA)

Amendments to Existing Authorities

Amendments to Existing Legislation

Amendments to Other Forestry-Related Laws

Amendments to Soil and Water Resources Conservation Act (RCA) of 1977

Animal Health Protection

Animal Welfare Act Fines

Anti-Fraud Authority over Principal-to-Principal Transactions

Appropriate Technology Transfer Program For Rural Areas

Assistance to Federated States of Micronesia, Republic of the Marshall Islands, and 

Republic of Palau

Association of Producers

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● USDA Farm Bill Site

Attribution of Benefits

Audits

Authorization for Reburial of Human Remains and Cultural Items on National Forest 

System Lands

Authorization of Appropriations

Average Crop Revenue Election (ACRE) Program 

Avoiding Forfeitures

[ | A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | ]

B

Bank for Cooperatives Voting Stock

Basin States Program

Beginning Farmer and Rancher Development Program

Beginning Farmer and Rancher Individual Development Accounts Pilot Program

Beginning Farmer or Rancher and Socially Disadvantaged Farmer or Rancher Contract 

Land Sales Program 

Benefit Issuance

Benefits

Bill Emerson Humanitarian Trust

Biobased Markets Program

Biodiesel Fuel Education Program

Bioenergy Feedstock

Bioenergy Program for Advanced Biofuels

Bioenergy Research

Biofuels Infrastructure Study

Biomass Crop Assistance Program

Biomass Research and Development

Biorefinery Assistance

Biosecurity Communications Center

Biotechnology

Biotechnology Risk Assessment Research

Bioterrorism/Biosecurity

Boundary Adjustment and Land Conveyance Provisions

Broadband Programs

Budget Submission and Funding

Business and Industry Program Changes

Buy American

[ | A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | ]

C

Calculation of Volume of Alcohol for Fuel Credits

Cap on Indirect Costs

Caribbean Basin Trade Partnership Act

Catfish Grading and Inspection

Cattle Fever Tick Eradication Program

Census of Agriculture

Changes to State Forest Stewardship Committee

Chesapeake Bay Watershed Conservation Program

Circuit Rider Program

Clementine Marketing Order

Commodity Certificates

Commodity Futures Trading Commission (CFTC) Authority over Agreements, Contracts, 

or Transactions in Foreign Currency

Commodity Loan Rates

Commodity Program Limits

Commodity Supplemental Food Program (CSFP)

Communication and Information Programs

Community Food Security and Emergency Food Grants

Community Forest and Open Space Conservation Program

Community Wood Energy Program

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Competition in Programs

Competitive Allocation of Funds for Cooperative Forest Innovation Partnerships

Competitive Certification Awards Modification Authority

Competitive Grants for Research to Assist Farmers

Compliance Mechanisms

Compliance and Performance

Compliance and Verification

Comprehensive Study of Biofuels

Conservation Access

Conservation Compliance

Conservation Corridor Demonstration Program

Conservation Innovation Grants

Conservation Loan and Loan Guarantee Program

Conservation Reserve Enhancement Program (CREP)

Conservation Reserve Program (CRP)

Conservation Reserve and Wetland Reserve Programs 

Conservation Stewardship Program (CSP)

Conservation Technical Assistance (CTA)

Conservation of Private Grazing Lands (CPGL)

Consultative Group to Eliminate Use of Child Labor and Forced Labor in Imported 

Agricultural Products

Content and Placement of Labels

Continuous Signup

Coordinator for Chronically Underserved Areas

Cost-Share Assistance

Cotton Price Forecasting

Counter-Cyclical Payments (CCPs)

Country-of-Origin Labeling

Covered Commodities

Credit for Production of Cellulosic Biofuel

Criminal and Civil Penalties

Crop insurance

Cross-Program Provisions

Cultural and Heritage Cooperation Authority

Customs User Fees

[ | A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | ]

D

Dairy

Dairy Export Incentive Program (DEIP)

Dairy Forward Pricing Program

Dairy Indemnity Program

Deduction for Endangered Species Recovery Expenditures

Definition of Rural

Definitions

Delivery of Technical Assistance

Department of Agriculture Conference Transparency

Desert Terminal Lakes

Designation of States for Cotton Research and Promotion

Determination of Domestic Supply Requirements

Determination on Merits of Pigford Claims

Direct Payments

Direct and Counter-Cyclical Payments

Domestic Food Assistance Programs (Section 32 Funds)

Down Payment Loan Program

Durum Wheat Quality Program

[ | A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | ]

E

Effective Date

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Eligibility

Eligibility of Equine Farmers and Ranchers for Emergency Loans

Emergency Assistance for Livestock, Honey Bees, and Farm-Raised Fish

Emergency Conservation Program (ECP)

Emergency Food Infrastructure Grants 

Emergency Forest Restoration Program

Emergency Forestry Conservation Reserve Program

Emergency Loans

Emerging Markets Program

Emerging Markets and Facility Guarantee Loan Programs

Employment and Training

Encouragement of Pollinator Habitat Development and Protection

Energy Efficiency and Renewable Energy Programs

Energy Provisions

Environmental Quality Incentives Program (EQIP)

Equalization of Loan-Making Power of Certain Districts

Ethanol Duty Extension

Excess and Surplus USDA Computers to Rural Areas

Exclusion of Conservation Reserve Program Payments from SECA (Self-Employed 

Contributions Act) Tax for Certain Individuals

Existing Programs

Export Credit Guarantee Program (GSM-102)

Export Credit Guarantee Programs

Export Enhancement Program (EEP)

Extension of Right of First Refusal to Reacquire Homestead Property to Immediate 

Family Members of Borrower-Owner

[ | A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | ]

F

Facility Guarantee Loan Program

Farm Credit

Farm Credit System Insurance Corporation Premiums and Certification of Premiums

Farm Labor Housing Program

Farm Ownership Loans

Farm Protection Program (formerly Farm and Ranchland Protection Program)

Farm Service Agency Office Closure

Farmable Wetlands Program (FWP)

Farmers' Market Nutrition Programs

Farmers' Market Promotion Program 

Farmers' Market and Community Food Promotion

Farming Experience (Direct Farm Operating Loans)

Farming Experience (Direct Farm Ownership Loans)

Federal Milk Marketing Orders

Feedstock Flexibility Program for Bioenergy Producers

Fish

Fisheries Disaster Assistance

Flexible Marketing Allotments

Food Aid Consultative Group

Food Distribution Program on Indian Reservations (FDPIR)

Food Distribution Programs

Food Safety Education Initiative 

Food Safety Improvements 

Food Stamp (FSP)/Supplemental Nutrition Assistance Program (SNAP)

Food for Peace Act

Food for Progress (FFP)

For Alaskan and Native American Communities

For Nonprofit Organizations

For Very Small Communities

Foreclosure

Foreign Market Development Program (FMD)

Forest Biomass for Energy

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Forest Products for Traditional and Cultural Purposes

Fraudulent USDA Program Participation and Debarment

Fresh Fruit and Vegetable Program

Fruit and Vegetable Promotion

Funding and Administration of Education-Related Institutions

[ | A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | ]

G

General Business Assistance Programs

General Provisions

General Signup

General Water and Waste Program Provisions

Geographically Disadvantaged Farmers and Ranchers

Global Diversity Trust

Grants to Improve Agricultural Labor Supply, Stability, Safety, and Training

Grants to Improve Transporting Specialty Crops

Grants to Reduce Methamphetamine Production

Grants to Rural Community Colleges

Grassland Reserve Program (GRP)

Grassroots Source Water Protection Program

Great Lakes Basin Program for Erosion and Sediment Control

Green Mountain National Forest (GMNF) Boundary Adjustment

Green Mountain National Forest Land Exchange/Sale

[ | A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | ]

H

Haitian Hemispheric Opportunity Through Partnership Encouragement Act of 2008 

(HOPE II)

Hard White Wheat Development Program

Hass Avocado Marketing Order

Healthy Food Education and School Gardening Pilot Programs

Healthy Forest Reserve Program

Healthy Urban Food Enterprise Development Center

High-Priority Research and Extension Initiatives

Highly Erodible Land Conservation (Conservation Compliance/Sodbuster)

Hispanic-Serving Institution Agricultural Land National Resources Leadership Program

Hog and Poultry Production Contracts

Hunger-Free Community Grants

[ | A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | ]

I

Incentives for Certain Farmers and Ranchers and Indian Tribes

Increase in Loan Limits on Agricultural Bonds

Information Gathering

Information Reporting

Information Reporting for CCC Transactions

Initiatives for Competitive Grants

Insurance of Organic Crops

Intermediate Export Credit Guarantee Program (GSM-103)

International Agricultural Research, Extension, and Education

Inventory Reduction

Inventory Sales Preferences

[ | A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | ]

L

Land Conveyances, Chihuahuan Desert Nature Park, NM, and George Washington 

National Forest, VA

Land Grant Institutions – 1862 and 1890 Institutions

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Large Trader Reporting

Limitation on Excess Farm Losses of Certain Taxpayers

Limitations on Amount of Farm Ownership Loans

Limitations on Amount of Operating Loans

Limitations on Duty Drawback on Certain Imported Ethanol

Livestock Forage Disaster Program

Livestock Health and Diseases

Livestock Indemnity Payments

Livestock Mandatory Reporting

Loan Deficiency Payments

Loan Fund Set Asides 

Loans to Purchasers of Highly Fractionated Land

Local Capacity in Agricultural Biosecurity Planning, Preparedness, and Response

Local Television Access Programs

Local and Regional Food Aid Procurement Projects

Locally Produced Foods

Long-Term Statewide Assessments and Strategies for Forest Resources

[ | A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | ]

M

Mandatory Reporting of Dairy Commodities

Market Access Program (MAP)

Market Loss Assistance for Asparagus Producers

Market News Activities Regarding Specialty Crops

Market-Based Incentives for Conservation

Marketing Assistance Loans and Loan Deficiency Payments (LDPs)

Marketing Orders Research and/or Promotion Programs

McGovern-Dole International Food for Education and Child Nutrition Program

Meat

Meat, Poultry, and Catfish Inspection

Milk Income Loss Contract (MILC) Payments

Mineral Royalty Income Qualifying Income for Timber REITs

Minority Farmers Advisory Committee

Miscellaneous

Miscellaneous Conservation Programs and Provisions

Miscellaneous Programs

Miscellaneous Provisions

Miscellaneous Trade Provisions

Modification of Alcohol Credit

Modification of Optional Method of Computing Net Earnings for Self-Employment

Modification of Taxable REIT Subsidiary Asset Test for Timber REITs

Mushroom Promotion, Research, and Consumer Information Program

[ | A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | ]

N

National Agricultural Research, Extension, Education, and Economics Advisory Board 

(NAREEEAB)

National Appeals Division

National Aquatic Animal Health Plan

National Clean Plant Network

National Dairy Promotion and Research Program (NDPRP) and National Fluid Milk 

Processor Promotion Program (NFMPPP)

National Honey Board

National Institute for Food and Agriculture (NIFA)

National Organic Program Support

National Priorities for Private Forest Conservation

National Rural Development Partnership (NRDP)

National Sheep Industry Improvement Center

National and International Hunger Fellows

New Grants and Research Programs

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New Small Business Programs

Non-Land Grant Universities and Colleges of Agriculture

Nutrition

Nutrition Education, Promotion, and Outreach

Nutrition Monitoring

[ | A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | ]

O

Office of Advocacy and Outreach

Office of International Forestry

Operating Loans

Operations

Orchard and Nursery Tree Assistance Program

Organic Agriculture

Other Definition Changes

Other Minority-Serving Land Grant Institutions

Other Miscellaneous Provisions

Other New Provisions

Other Revenue Provisions

Other Risk Management Provisions

Other Types of Institutions

Outreach and Assistance Program for Socially Disadvantaged Farmers and Ranchers

Oversight and Compliance

Oversight, Monitoring, and Evaluation

[ | A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | ]

P

Partnerships and Cooperation

Payment Acreage for ACRE

Payment Limitations

Payment Limits and Income Eligibility

Payment Yield for Calculating Direct and Counter-Cyclical Payments

Peanuts

Perishable Agricultural Commodities, Ginseng, Peanuts, Pecans, and Macadamia Nuts

Permanent Disaster Assistance

Permanent Law

Pest Eradication and Detection

Pest and Disease Management

Pest and Disease Revolving Loan Fund

Pilot Programs and New Product Development

Planting Flexibility and Restrictions for Program Participants

Pollinator Research

Portfolio Margining and Security Index Issues

Premiums

Preparation, Stockpiling, and Rapid Delivery of Shelf-Stable Prepackaged Foods

Prepositioning Commodities

Prevention of Illegal Logging Practices

Price Support

Privacy of Personal Information

Production and Market Data

Program Administration and Integrity

Program Integrity

Program Simplification

Prohibition on Disclosure

Promoting Value-Added Agriculture

Promotion of Conservation through Environmental Services Markets

Protection of Social Security

Provision of Agricultural Commodities, Levels of Assistance, and Authorization of 

Appropriations

Pseudorabies Eradication Program

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Purchase of Fresh Fruits and Vegetables for Distribution

[ | A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | ]

Q

Qualified Forestry Conservation Bonds

Qualifying Timber Contracts Options

Quality Incentive Payments for Covered Oilseed Producers

[ | A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | ]

R

Receipt for Services

Recourse Loans for High-Moisture Corn and Seed Cotton

Regional Authorities

Regional Development

Regional Equity

Regional Infrastructure and Economic Development

Removal of Market Development Objective

Renewable Fertilizer Study

Repayment of Loans

Repeals and Terminations

Report of Civil Rights Complaints, Resolution, and Actions

Reporting Violations of Packers and Stockyards Act

Repowering Assistance

Research Management and Coordination

Research Planning and Review

Research and Development for Developing Countries

Research and Development of Agricultural Countermeasures

Research and Extension Funding

Research, Education, and Extension Office (REEO)

Research, Extension, and Educational Programs on Biobased Energy Technologies and 

Products

Resource Conservation and Development Program (RC&D)

Revenue Provisions for Agriculture Programs

Review of Bonding Requirements

Rural Development

Rural Electric Programs

Rural Energy Self Sufficiency Initiative

Rural Energy for America Program

Rural Revitalization Technologies

Rural Utility Loans

[ | A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | ]

S

Safe Harbor for Timber Property

School Meals Issues 

Sense of Congress Regarding Claims Against USDA by Socially Disadvantaged Farmers 

or Ranchers

Severability and Savings Provisions

Significant Price-Discovery Contracts

Significant Price-Discovery Contracts on Exempt Commercial Markets

Small Business Loan Program

Small Watershed Rehabilitation Program

Socially Disadvantaged and Limited-Resource Producers

Softwood Lumber Importer Declaration Program

Special Competitive Provisions for Extra-Long Stable Cotton

Special Upland Cotton Marketing Loan Provisions

Special-Purpose Community Programs

Specialty Crop Competitiveness

Specialty Crops

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Standard Reinsurance Agreement (SRA)

State Coordinator 

State-Inspected Meat and Poultry

Storage Facility Loan Program

Storage and Handling Costs

Streamlined Application

Studies of Dairy Policy and Marketing Orders

Study on Bioenergy Operations

Study on Rural Power Generation Needs

Sub-Saharan Africa: Project in Malawi

Sugar

Sugar Storage Facility Loan Program

Supplemental Agricultural Disaster Assistance (SADA)

Supplemental Revenue Assistance Payments (SURE)

Supplier Credit Guarantee Program (SCGP)

Survey of School Food Purchases

Suspension of Limitation on Period for Eligibility for Guaranteed Assistance

[ | A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | ]

T

Tariff-Rate Quotas (TRQs)

Tax Provisions

Technical Assistance

Technical Assistance (TA)

Technical Assistance for Organic Conservation Practices

Technical Assistance for Specialty Crops (TASC) Program

Technical and Conforming Amendments

Telemedicine and Distance Learning

Temporary Closure of National Forest System Land for Traditional and Cultural Purposes

Temporary Reduction in Rate of Tax on Qualified Timber Gain of Corporations

Temporary Tax Relief for Kiowa County, KS, and Surrounding Area

The Emergency Food Assistance Program (TEFAP)

Three-Year Depreciation for Race Horses That Are 2 Years Old or Younger

Timber REIT (Real Estate Investment Trust) Modernization

Time for Payment of Corporate Estimated Taxes

Tracking of Benefits

Transition to Private Commercial or Other Sources of Credit 

Transparency and Accountability

Transportation Study

Treatment of Farms With Limited Base Acres

Trichinae Certification Program

Two-Year Extension of Special Rule Encouraging Contributions of Capital Gain Real 

Property for Conservation Purposes

[ | A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | ]

U

USDA Graduate School

Unused Merchandise Drawback

Upland Cotton Economic Adjustment Assistance

Uruguay Round Compliance

[ | A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | ]

V

Value-Added Agricultural Product Marketing Development Grants

Voluntary Public Access and Habitat Incentive Program

[ | A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | ]

W

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2008 Farm Bill Side-By-Side: A-Z List of Provisions

Water and Waste Facilities and Community Programs

Watershed Programs

Wetland Conservation (Swampbuster)

Wetlands Reserve Program (WRP)

Whole Grain Pilot Projects

Wildlife Habitat Incentives Program (WHIP)

Working Land Programs

[ | A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | ]

Search the Farm Bill: 

For more information, contact: Farm policy team

Web administration: webadmin@ers.usda.gov

Updated date: August 20, 2008 

 

ERS Home | USDA.gov | Site Map | Policies | What's New | E-Mail Updates | RSS | Translate | Text Only | FedStats | 

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http://www.ers.usda.gov/FarmBill/2008/AtoZ.htm (10 of 10) [9/3/2008 9:53:52 AM]
2008 Farm Bill Side-By-Side: List of Provisions by Title

 Home / Farm Bill Resources / 2008 Farm Bill Side-By-Side / List of Provisions by Title 

2008 Farm Bill Side-By-Side 

List of Provisions by Title

See also the A-Z List of Provisions. Use Ctrl+F to search this page. 

[ | I | II | III | IV | V | VI | VII | VIII | IX | X | XI | XII | XIII | XIV | XV | ] 

Title I: Commodity Programs

Administration

● Conservation Compliance

● Cotton Price Forecasting

● Durum Wheat Quality Program

● Geographically Disadvantaged Farmers and Ranchers

● Hard White Wheat Development Program

● Information Gathering

● Payment Limits and Income Eligibility: Adjusted Gross Income Limitation

● Payment Limits and Income Eligibility: Attribution of Benefits

● Payment Limits and Income Eligibility: Commodity Program Limits

● Permanent Law

● Quality Incentive Payments for Covered Oilseed Producers

● Storage Facility Loan Program

● Tracking of Benefits

● Uruguay Round Compliance

Average Crop Revenue Election (ACRE) Program 

● ACRE Guarantee Parameters

● ACRE Payment Parameters

● ACRE Payment Timing

● ACRE Payments

● Payment Acreage for ACRE

Dairy

● Dairy Export Incentive Program (DEIP)

● Dairy Forward Pricing Program

● Dairy Indemnity Program

● Federal Milk Marketing Orders

● Mandatory Reporting of Dairy Commodities

● Milk Income Loss Contract (MILC) Payments

● Introduction

● Title I: Commodities

● Title II: Conservation

● Title III: Trade

● Title IV: Nutrition

● Title V: Credit

● Title VI: Rural Development

● Title VII: Research

● Title VIII: Forestry

● Title IX: Energy

● Title X: Hort & Organic Ag

● Title XI: Livestock

● Title XII: Crop Insurance

● Title XIII: Commodity Futures

● Title XIV: Miscellaneous

● Title XV: Trade & Taxes

● 

● Provisions for Traditionally 

Underserved Groups

● ERS Resources

● User's Guide

● A-Z List of Provisions

● List of Provisions by Title

● Background Publications

● Farm Policy Glossary

● Previous Farm Bills

● Related Links

● Download the 2008 Farm 

Bill (1.65MB)

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2008 Farm Bill Side-By-Side: List of Provisions by Title

● National Dairy Promotion and Research Program (NDPRP) and National Fluid Milk 

Processor Promotion Program (NFMPPP)

● Price Support

● Studies of Dairy Policy and Marketing Orders

Direct and Counter-Cyclical Payments

● Acreage Base and Payment Acres for Calculating Direct and Counter-Cyclical 

Payments

● Counter-Cyclical Payments (CCPs)

● Direct Payments

● Payment Yield for Calculating Direct and Counter-Cyclical Payments

● Planting Flexibility and Restrictions for Program Participants

● Treatment of Farms With Limited Base Acres

Marketing Assistance Loans and Loan Deficiency Payments (LDPs)

● Commodity Certificates

● Commodity Loan Rates

● Loan Deficiency Payments

● Recourse Loans for High-Moisture Corn and Seed Cotton

● Repayment of Loans

● Special Competitive Provisions for Extra-Long Stable Cotton

● Special Upland Cotton Marketing Loan Provisions

● Upland Cotton Economic Adjustment Assistance

Peanuts

● Storage and Handling Costs

Sugar

● Avoiding Forfeitures: Bioenergy Feedstock

● Avoiding Forfeitures: Inventory Reduction

● Flexible Marketing Allotments

● Information Reporting

● Price Support

● Sugar Storage Facility Loan Program

● Tariff-Rate Quotas (TRQs)

[ | I | II | III | IV | V | VI | VII | VIII | IX | X | XI | XII | XIII | XIV | XV | ] 

Title II: Conservation

Agricultural Land Preservation Programs

● Farm Protection Program (formerly Farm and Ranchland Protection Program)

● Grassland Reserve Program (GRP)

Compliance Mechanisms

● Highly Erodible Land Conservation (Conservation Compliance/Sodbuster)

● Wetland Conservation (Swampbuster)

Conservation Reserve and Wetland Reserve Programs 

● Conservation Reserve Program (CRP): Conservation Reserve Enhancement Program 

(CREP)

● USDA Farm Bill Site

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2008 Farm Bill Side-By-Side: List of Provisions by Title

● Conservation Reserve Program (CRP): Continuous Signup

● Conservation Reserve Program (CRP): Emergency Forestry Conservation Reserve 

Program

● Conservation Reserve Program (CRP): Farmable Wetlands Program (FWP)

● Conservation Reserve Program (CRP): General Signup

● Wetlands Reserve Program (WRP)

Cross-Program Provisions

● Acreage Limitations

● Compliance and Performance

● Conservation Access

● Encouragement of Pollinator Habitat Development and Protection

● Incentives for Certain Farmers and Ranchers and Indian Tribes

● Partnerships and Cooperation

● Regional Equity

● Streamlined Application

● Voluntary Public Access and Habitat Incentive Program

Market-Based Incentives for Conservation

● Promotion of Conservation through Environmental Services Markets

Miscellaneous Conservation Programs and Provisions

● Agricultural Conservation Experienced Service Program (ACES)

● Amendments to Soil and Water Resources Conservation Act (RCA) of 1977

● Basin States Program

● Privacy of Personal Information

Technical Assistance (TA)

● Conservation Technical Assistance (CTA)

● Delivery of Technical Assistance: Technical Assistance for Organic Conservation 

Practices

Watershed Programs

● Chesapeake Bay Watershed Conservation Program

● Conservation Corridor Demonstration Program

● Desert Terminal Lakes

● Grassroots Source Water Protection Program

● Great Lakes Basin Program for Erosion and Sediment Control

● Resource Conservation and Development Program (RC&D)

● Small Watershed Rehabilitation Program

Working Land Programs

● Agricultural Management Assistance Program (AMA)

● Conservation of Private Grazing Lands (CPGL)

● Conservation Stewardship Program (CSP)

● Emergency Conservation Program (ECP)

● Environmental Quality Incentives Program (EQIP): Agricultural Water Enhancement 

Program

● Environmental Quality Incentives Program (EQIP): Conservation Innovation Grants

● Wildlife Habitat Incentives Program (WHIP)

[ | I | II | III | IV | V | VI | VII | VIII | IX | X | XI | XII | XIII | XIV | XV | ] 

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2008 Farm Bill Side-By-Side: List of Provisions by Title

Title III: Trade 

Amendments to Agricultural Trade Act of 1978 and Related Statutes

● Export Credit Guarantee Programs: Export Credit Guarantee Program (GSM-102)

● Export Credit Guarantee Programs: Intermediate Export Credit Guarantee Program 

(GSM-103)

● Export Credit Guarantee Programs: Supplier Credit Guarantee Program (SCGP)

● Export Enhancement Program (EEP)

● Food for Progress (FFP): Sub-Saharan Africa: Project in Malawi

● Foreign Market Development Program (FMD)

● Market Access Program (MAP)

● McGovern-Dole International Food for Education and Child Nutrition Program

Food for Peace Act

● Determination of Domestic Supply Requirements

● Food Aid Consultative Group

● Oversight, Monitoring, and Evaluation

● Preparation, Stockpiling, and Rapid Delivery of Shelf-Stable Prepackaged Foods

● Prepositioning Commodities

● Provision of Agricultural Commodities, Levels of Assistance, and Authorization of 

Appropriations

● Removal of Market Development Objective

Miscellaneous Trade Provisions

● Bill Emerson Humanitarian Trust

● Consultative Group to Eliminate Use of Child Labor and Forced Labor in Imported 

Agricultural Products

● Emerging Markets and Facility Guarantee Loan Programs: Emerging Markets 

Program

● Emerging Markets and Facility Guarantee Loan Programs: Facility Guarantee Loan 

Program

● Global Diversity Trust

● Local and Regional Food Aid Procurement Projects

● Technical Assistance for Specialty Crops (TASC) Program

Softwood Lumber Importer Declaration Program

[ | I | II | III | IV | V | VI | VII | VIII | IX | X | XI | XII | XIII | XIV | XV | ] 

Title IV: Nutrition

Community Food Security and Emergency Food Grants

● Emergency Food Infrastructure Grants 

● Hunger-Free Community Grants

● National and International Hunger Fellows

Farmers' Market and Community Food Promotion

● Farmers' Market Nutrition Programs

● Healthy Urban Food Enterprise Development Center

● Locally Produced Foods

Food Distribution Programs

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2008 Farm Bill Side-By-Side: List of Provisions by Title

● Commodity Supplemental Food Program (CSFP)

● Food Distribution Program on Indian Reservations (FDPIR)

● Purchase of Fresh Fruits and Vegetables for Distribution

● The Emergency Food Assistance Program (TEFAP)

Food Stamp (FSP)/Supplemental Nutrition Assistance Program (SNAP)

● Benefits

● Eligibility

● Operations: Benefit Issuance

● Operations: Employment and Training

● Operations: Miscellaneous

● Operations: Nutrition Education, Promotion, and Outreach

● Operations: Program Integrity

● Operations: Program Simplification

Fruit and Vegetable Promotion

● Fresh Fruit and Vegetable Program

● Healthy Food Education and School Gardening Pilot Programs

Nutrition Monitoring

School Meals Issues 

● Buy American

● Survey of School Food Purchases

● Whole Grain Pilot Projects

[ | I | II | III | IV | V | VI | VII | VIII | IX | X | XI | XII | XIII | XIV | XV | ] 

Title V: Credit

Administrative Provisions 

● Beginning Farmer and Rancher Individual Development Accounts Pilot Program

● Extension of Right of First Refusal to Reacquire Homestead Property to Immediate 

Family Members of Borrower-Owner

● Inventory Sales Preferences

● Loan Fund Set Asides 

● Transition to Private Commercial or Other Sources of Credit 

Emergency Loans

● Eligibility of Equine Farmers and Ranchers for Emergency Loans

Farm Credit

● Bank for Cooperatives Voting Stock

● Equalization of Loan-Making Power of Certain Districts

● Farm Credit System Insurance Corporation Premiums and Certification of Premiums

● Rural Utility Loans

Farm Ownership Loans

● Beginning Farmer or Rancher and Socially Disadvantaged Farmer or Rancher 

Contract Land Sales Program 

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2008 Farm Bill Side-By-Side: List of Provisions by Title

● Conservation Loan and Loan Guarantee Program

● Down Payment Loan Program

● Farming Experience (Direct Farm Ownership Loans)

● Limitations on Amount of Farm Ownership Loans

Miscellaneous

● Loans to Purchasers of Highly Fractionated Land

Operating Loans

● Farming Experience (Direct Farm Operating Loans)

● Limitations on Amount of Operating Loans

● Suspension of Limitation on Period for Eligibility for Guaranteed Assistance

[ | I | II | III | IV | V | VI | VII | VIII | IX | X | XI | XII | XIII | XIV | XV | ] 

Title VI: Rural Development

Communication and Information Programs

● Broadband Programs

● Local Television Access Programs

● Telemedicine and Distance Learning

Definitions

● Definition of Rural

● Other Definition Changes

General Business Assistance Programs

● Existing Programs

● New Small Business Programs

Promoting Value-Added Agriculture

● Appropriate Technology Transfer Program For Rural Areas

● Business and Industry Program Changes

● Farm Labor Housing Program

● Transportation Study

● Value-Added Agricultural Product Marketing Development Grants

Regional Development

● Miscellaneous Programs

● National Rural Development Partnership (NRDP)

● Regional Authorities

Rural Electric Programs

● Energy Efficiency and Renewable Energy Programs

● Review of Bonding Requirements

● Study on Rural Power Generation Needs

Water and Waste Facilities and Community Programs

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2008 Farm Bill Side-By-Side: List of Provisions by Title

● Circuit Rider Program

● For Alaskan and Native American Communities

● For Nonprofit Organizations

● For Very Small Communities

● General Water and Waste Program Provisions

● Special-Purpose Community Programs

[ | I | II | III | IV | V | VI | VII | VIII | IX | X | XI | XII | XIII | XIV | XV | ] 

Title VII: Research and Related Matters

Bioenergy Research

Biotechnology

● Biotechnology Risk Assessment Research

● Research and Development for Developing Countries

Bioterrorism/Biosecurity

Funding and Administration of Education-Related Institutions

● Amendments to Existing Authorities

● International Agricultural Research, Extension, and Education

● Land Grant Institutions – 1862 and 1890 Institutions

● Non-Land Grant Universities and Colleges of Agriculture

● Other Minority-Serving Land Grant Institutions

● Other Types of Institutions

High-Priority Research and Extension Initiatives

● Initiatives for Competitive Grants

● Pollinator Research

Miscellaneous Provisions

● Amendments to Existing Legislation

● New Grants and Research Programs

● Nutrition

● Other New Provisions

● Repeals and Terminations

Organic Agriculture

Research and Extension Funding

● Agriculture and Food Research Initiative (AFRI)

● Budget Submission and Funding

● Cap on Indirect Costs

Research Management and Coordination

● Agricultural Research Facility Funding

● National Agricultural Research, Extension, Education, and Economics Advisory Board 

(NAREEEAB)

● National Institute for Food and Agriculture (NIFA)

● Research Planning and Review

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2008 Farm Bill Side-By-Side: List of Provisions by Title

● Research, Education, and Extension Office (REEO)

Rural Development

● Beginning Farmer and Rancher Development Program

● Competitive Grants for Research to Assist Farmers

● Grants to Rural Community Colleges

Specialty Crops

[ | I | II | III | IV | V | VI | VII | VIII | IX | X | XI | XII | XIII | XIV | XV | ] 

Title VIII: Forestry

Amendments to Cooperative Forestry Assistance Act of 1978 (CFAA)

● Assistance to Federated States of Micronesia, Republic of the Marshall Islands, and 

Republic of Palau

● Changes to State Forest Stewardship Committee

● Community Forest and Open Space Conservation Program

● Competition in Programs

● Competitive Allocation of Funds for Cooperative Forest Innovation Partnerships

● Long-Term Statewide Assessments and Strategies for Forest Resources

● National Priorities for Private Forest Conservation

Amendments to Other Forestry-Related Laws

● Emergency Forest Restoration Program

● Healthy Forest Reserve Program

● Office of International Forestry

● Prevention of Illegal Logging Practices

● Rural Revitalization Technologies

Boundary Adjustment and Land Conveyance Provisions

● Green Mountain National Forest (GMNF) Boundary Adjustment

● Green Mountain National Forest Land Exchange/Sale

● Land Conveyances, Chihuahuan Desert Nature Park, NM, and George Washington 

National Forest, VA

Cultural and Heritage Cooperation Authority

● Authorization for Reburial of Human Remains and Cultural Items on National Forest 

System Lands

● Forest Products for Traditional and Cultural Purposes

● Prohibition on Disclosure

● Severability and Savings Provisions

● Temporary Closure of National Forest System Land for Traditional and Cultural 

Purposes

Miscellaneous Provisions

● Hispanic-Serving Institution Agricultural Land National Resources Leadership 

Program

● Qualifying Timber Contracts Options

[ | I | II | III | IV | V | VI | VII | VIII | IX | X | XI | XII | XIII | XIV | XV | ] 

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2008 Farm Bill Side-By-Side: List of Provisions by Title

Title IX: Energy

Biobased Markets Program

Biodiesel Fuel Education Program

Bioenergy Program for Advanced Biofuels

Biofuels Infrastructure Study

Biomass Crop Assistance Program

Biomass Research and Development

Biorefinery Assistance

Community Wood Energy Program

Feedstock Flexibility Program for Bioenergy Producers

Forest Biomass for Energy

Renewable Fertilizer Study

Repowering Assistance

Research, Extension, and Educational Programs on Biobased Energy Technologies 

and Products

Rural Energy for America Program

Rural Energy Self Sufficiency Initiative

[ | I | II | III | IV | V | VI | VII | VIII | IX | X | XI | XII | XIII | XIV | XV | ] 

Title X: Hort & Organic Ag

Organic Agriculture

● Cost-Share Assistance

● National Organic Program Support

● Production and Market Data

Specialty Crops

● Census of Agriculture

● Farmers' Market Promotion Program 

● Food Safety Education Initiative 

● Grants to Improve Transporting Specialty Crops

● Market Loss Assistance for Asparagus Producers

● Market News Activities Regarding Specialty Crops

● Marketing Orders Research and/or Promotion Programs: Clementine Marketing Order

● Marketing Orders Research and/or Promotion Programs: Hass Avocado Marketing 

Order

● Marketing Orders Research and/or Promotion Programs: Mushroom Promotion, 

Research, and Consumer Information Program

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2008 Farm Bill Side-By-Side: List of Provisions by Title

● Marketing Orders Research and/or Promotion Programs: National Honey Board

● Pest and Disease Management: National Clean Plant Network

● Pest and Disease Management: Pest and Disease Revolving Loan Fund

● Pest and Disease Management: Pest Eradication and Detection

● Specialty Crop Competitiveness

[ | I | II | III | IV | V | VI | VII | VIII | IX | X | XI | XII | XIII | XIV | XV | ] 

Title XI: Livestock

Country-of-Origin Labeling

● Compliance and Verification

● Content and Placement of Labels

● Covered Commodities: Fish

● Covered Commodities: Meat

● Covered Commodities: Perishable Agricultural Commodities, Ginseng, Peanuts, 

Pecans, and Macadamia Nuts

Hog and Poultry Production Contracts

Livestock Health and Diseases

● Animal Health Protection

● Cattle Fever Tick Eradication Program

● National Aquatic Animal Health Plan

● Pseudorabies Eradication Program

● Trichinae Certification Program

Livestock Mandatory Reporting

Meat, Poultry, and Catfish Inspection

● Catfish Grading and Inspection

● State-Inspected Meat and Poultry: Audits

● State-Inspected Meat and Poultry: State Coordinator 

● State-Inspected Meat and Poultry: Technical Assistance

Miscellaneous

● Association of Producers

● Food Safety Improvements 

● National Sheep Industry Improvement Center

● Reporting Violations of Packers and Stockyards Act

● Study on Bioenergy Operations

[ | I | II | III | IV | V | VI | VII | VIII | IX | X | XI | XII | XIII | XIV | XV | ] 

Title XII: Crop Insurance

Crop insurance

● Insurance of Organic Crops

● Other Risk Management Provisions

● Pilot Programs and New Product Development

● Premiums

● Program Administration and Integrity

● Standard Reinsurance Agreement (SRA)

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2008 Farm Bill Side-By-Side: List of Provisions by Title

Fisheries Disaster Assistance

Small Business Loan Program

Supplemental Agricultural Disaster Assistance (SADA)

● Emergency Assistance for Livestock, Honey Bees, and Farm-Raised Fish

● Livestock Forage Disaster Program

● Livestock Indemnity Payments

● Orchard and Nursery Tree Assistance Program

● Payment Limitations

● Supplemental Revenue Assistance Payments (SURE)

[ | I | II | III | IV | V | VI | VII | VIII | IX | X | XI | XII | XIII | XIV | XV | ] 

Title XIII: Commodity Futures

General Provisions

● Anti-Fraud Authority over Principal-to-Principal Transactions

● Authorization of Appropriations

● Commodity Futures Trading Commission (CFTC) Authority over Agreements, 

Contracts, or Transactions in Foreign Currency

● Criminal and Civil Penalties

● Portfolio Margining and Security Index Issues

● Technical and Conforming Amendments

Significant Price-Discovery Contracts on Exempt Commercial Markets

● Effective Date

● Large Trader Reporting

● Significant Price-Discovery Contracts

[ | I | II | III | IV | V | VI | VII | VIII | IX | X | XI | XII | XIII | XIV | XV | ] 

Title XIV: Miscellaneous

Agricultural Security

● Agricultural Biosecurity Grant Program

● Biosecurity Communications Center

● Local Capacity in Agricultural Biosecurity Planning, Preparedness, and Response

● Research and Development of Agricultural Countermeasures

Other Miscellaneous Provisions

● Animal Welfare Act Fines

● Coordinator for Chronically Underserved Areas

● Department of Agriculture Conference Transparency

● Designation of States for Cotton Research and Promotion

● Domestic Food Assistance Programs (Section 32 Funds)

● Excess and Surplus USDA Computers to Rural Areas

● Farm Service Agency Office Closure

● Fraudulent USDA Program Participation and Debarment

● Grants to Improve Agricultural Labor Supply, Stability, Safety, and Training

● Grants to Reduce Methamphetamine Production

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2008 Farm Bill Side-By-Side: List of Provisions by Title

● Regional Infrastructure and Economic Development

● USDA Graduate School

Socially Disadvantaged and Limited-Resource Producers

● Accurate Documentation

● Determination on Merits of Pigford Claims

● Foreclosure

● Minority Farmers Advisory Committee

● National Appeals Division

● Office of Advocacy and Outreach

● Outreach and Assistance Program for Socially Disadvantaged Farmers and 

Ranchers: Oversight and Compliance

● Receipt for Services

● Report of Civil Rights Complaints, Resolution, and Actions

● Sense of Congress Regarding Claims Against USDA by Socially Disadvantaged 

Farmers or Ranchers

● Transparency and Accountability

[ | I | II | III | IV | V | VI | VII | VIII | IX | X | XI | XII | XIII | XIV | XV | ] 

Title XV: Trade and Tax Provisions

Caribbean Basin Trade Partnership Act

Haitian Hemispheric Opportunity Through Partnership Encouragement Act of 2008 

(HOPE II)

Permanent Disaster Assistance

● Agricultural Disaster Relief Trust Fund

Revenue Provisions for Agriculture Programs

● Customs User Fees

● Time for Payment of Corporate Estimated Taxes

Tax Provisions

● Agricultural Provisions: Agricultural Chemicals Security Credit

● Agricultural Provisions: Allowance of Section 1031 Treatment for Exchanges 

Involving Certain Mutual Ditch, Reservoir, or Irrigation Company Stock

● Agricultural Provisions: Competitive Certification Awards Modification Authority

● Agricultural Provisions: Increase in Loan Limits on Agricultural Bonds

● Agricultural Provisions: Temporary Tax Relief for Kiowa County, KS, and 

Surrounding Area

● Agricultural Provisions: Three-Year Depreciation for Race Horses That Are 2 Years 

Old or Younger

● Deduction for Endangered Species Recovery Expenditures

● Energy Provisions: Calculation of Volume of Alcohol for Fuel Credits

● Energy Provisions: Comprehensive Study of Biofuels

● Energy Provisions: Credit for Production of Cellulosic Biofuel

● Energy Provisions: Ethanol Duty Extension

● Energy Provisions: Limitations on Duty Drawback on Certain Imported Ethanol

● Energy Provisions: Modification of Alcohol Credit

● Exclusion of Conservation Reserve Program Payments from SECA (Self-Employed 

Contributions Act) Tax for Certain Individuals

● Other Revenue Provisions: Information Reporting for CCC Transactions

● Other Revenue Provisions: Limitation on Excess Farm Losses of Certain Taxpayers

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2008 Farm Bill Side-By-Side: List of Provisions by Title

● Other Revenue Provisions: Modification of Optional Method of Computing Net 

Earnings for Self-Employment

● Protection of Social Security

● Temporary Reduction in Rate of Tax on Qualified Timber Gain of Corporations

● Timber REIT (Real Estate Investment Trust) Modernization: Mineral Royalty Income 

Qualifying Income for Timber REITs

● Timber REIT (Real Estate Investment Trust) Modernization: Modification of Taxable 

REIT Subsidiary Asset Test for Timber REITs

● Timber REIT (Real Estate Investment Trust) Modernization: Qualified Forestry 

Conservation Bonds

● Timber REIT (Real Estate Investment Trust) Modernization: Safe Harbor for Timber 

Property

● Two-Year Extension of Special Rule Encouraging Contributions of Capital Gain Real 

Property for Conservation Purposes

Unused Merchandise Drawback

[ | I | II | III | IV | V | VI | VII | VIII | IX | X | XI | XII | XIII | XIV | XV | ] 

Search the Side-By-Side: 

For more information, contact: Farm policy team

Web administration: webadmin@ers.usda.gov

Updated date: August 20, 2008

 

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http://www.ers.usda.gov/FarmBill/2008/TOC.htm (13 of 13) [9/3/2008 9:54:05 AM]
2008 Farm Bill Side-By-Side: Background Publications

 You are here: Home / Farm Bill Resources / 2008 Farm Bill Side-By-Side / Background Publications 

2008 Farm Bill Side-By-Side 

Background Publications

● Introduction

● Title I: Commodities

● Title II: Conservation

● Title III: Trade

● Title IV: Nutrition

● Title V: Credit

● Title VI: Rural Development

● Title VII: Research

● Title VIII: Forestry

● Title IX: Energy

● Title X: Hort & Organic Ag

● Title XI: Livestock

● Title XII: Crop Insurance

● Title XIII: Commodity Futures

● Title XIV: Miscellaneous

● Title XV: Trade & Taxes

● 

● Provisions for Traditionally 

Underserved Groups

● ERS Resources

● User's Guide

● A-Z List of Provisions

● List of Provisions by Title

● Background Publications

● Farm Policy Glossary

● Previous Farm Bills

● Related Links

● Download the 2008 Farm 

Bill (1.65MB)

General Information

Farm-Sector Impacts

Conservation

Trade

Nutrition Programs

Rural Development

Agricultural Research

Energy

Horticulture and Organic Agriculture

Livestock Competition

Risk Management

General Information

● The 20th Century Transformation of U.S. Agriculture and Farm Policy, Economic 

Information Bulletin, June 2005

Farm-Sector Impacts

● Government Payments and the Farm Sector: Who Benefits and How Much, ERS 

Farm and Commodity Policy Briefing Room, updated periodically

● CCC Net Outlays by Commodity and Function, USDA Farm Services Agency, 

updated periodically 

● Agricultural Income and Finance, Situation and Outlook Report, annual

● Cropland Concentrating Faster Where Payments Are Higher, Amber Waves, 

November 2007

● Effects of Reducing the Income Cap on Eligibility for Farm Program Payments, 

Economic Information Bulletin, September 2007

● The Importance of Farm Program Payments to Farm Households, Amber Waves, 

June 2007 

● Structure and Finances of U.S. Farms: Family Farm Report, 2007 Edition, 

Economic Information Bulletin, June 2007

● Relaxing Fruit and Vegetable Planting Restrictions, Special Issue of Amber Waves, 

May 2007

● Commodity Backgrounders, Outlook Special Reports, various issues 2005-07 

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2008 Farm Bill Side-By-Side: Background Publications

● Growing Farm Size and the Distribution of Farm Payments, Economic Brief, March ● USDA Farm Bill Site

2006

● Economic Analysis of Base Acre and Payment Yield Designations Under the 2002 U.S. Farm Act, Economic Research 

Report, September 2005

● Counter-Cyclical Payments Under the 2002 Farm Act: Production Effects Likely to be Limited, Choices, 3rd Quarter 2005

● How Do Decoupled Payments Affect Resource Allocations Within the Farm Sector?, Amber Waves, November 2004

● Marketing Loan Rates and Acreage Responses, Choices, 4th Quarter 2003

● Report of the Commission on the Application of Payment Limitations for Agriculture, USDA Office of the Chief Economist, 

August 2003

● Farm Payments: Decoupled Payments Increase Households' Well-Being, Not Production, Amber Waves, February 2003

● Analysis of the U.S. Commodity Loan Program with Marketing Loan Provisions, Agricultural Economic Report, April 2001

● ERS Farm Typology for a Diverse Agricultural Sector, Agricultural Information Bulletin, September 2000

Conservation

● Integrating Conservation and Commodity Program Payments: A Look at the Tradeoffs, Amber Waves, November 2007

● Agricultural Policy Affects Land Use and the Environment, Amber Waves, September 2006

● Environmental Effects of Agricultural Land-Use Change: The Role of Economics and Policy, Economic Research Report, 

August 2006

● Agriculture and the Environment, Special Issue of Amber Waves, July 2006 

● Agricultural Resources and Environmental Indicators (AREI), Economic Information Bulletin, July 2006

● Balancing the Multiple Objectives of Conservation Programs, Economic Research Report, May 2006

● Conservation Program Design, Economic Briefs, March 2006

● Greening Income Support and Supporting Green, Economic Bulletin, March 2006

● Conservation-Compatible Practices and Programs: Who Participates?, Economic Research Report, February 2006

● Managing Manure to Improve Air and Water Quality, Economic Research Report, September 2005

● Flexible Conservation Measures on Working Land, Economic Research Report, June 2005

● The Conservation Reserve Program: Economic Implications for Rural America, Agricultural Economic Report, September 

2004

● Environmental Compliance in U.S. Agricultural Policy: Past Performance and Future Potential, Agricultural Economic 

Report, June 2004

● Farmland Protection: The Role of Public Preferences for Rural Amenities, Agricultural Economic Report, November 2002

● Confined Animal Production and Manure Nutrients, Agricultural Information Bulletin, June 2001

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2008 Farm Bill Side-By-Side: Background Publications

● Development at the Urban Fringe and Beyond: Impacts on Agriculture and Rural Land, Agricultural Economic Report, June 

2001

● Agri-Environmental Policy at the Crossroads: Guideposts on a Changing Landscape, Agricultural Economic Report, January 

2001

● Economic Valuation of Environmental Benefits and the Targeting of Conservation Programs: The Case of the CRP, 

Agricultural Economic Report, May 1999

● Wetlands and Agriculture: Private Interests and Public Benefits, Agricultural Economic Report, September 1998

Trade

● World Trade Organization and Globalization Help Facilitate Growth in Agricultural Trade, Amber Waves, June 2008

● NAFTA at 13: Implementation Nears Completion, International Agriculture and Trade Report, March 2007

● Global Agriculture and the Doha Round—Market Access is the Key, Amber Waves, September 2006

● The World Bids Farewell to the Multifiber Arrangement, Amber Waves, February 2006 

● Recent Agricultural Policy Reforms in North America, International Agriculture and Trade Report, April 2005

● U.S. Agriculture and the Free Trade Area of the Americas, Agricultural Economic Report, March 2004

● Food Safety and International Trade—Research Briefs, Agriculture Information Bulletin, February 2004

● Regulatory Barriers in International Horticultural Markets, International Agriculture and Trade Report, January 2004

● U.S.-EU Food and Agriculture Comparisons, International Agriculture and Trade Report, January 2004

● Multilateralism and Regionalism: Dual Strategies for Trade Reform, Amber Waves, September 2003

● North American Agricultural Market Integration and Its Impact on the Food and Fiber System, Agriculture Information 

Bulletin, September 2003

● Commodity Policies of the U.S., EU, and Japan, Agricultural Outlook, December 2002

● Agricultural Policy Reform in the WTO—The Road Ahead, Agricultural Economic Report, June 2001

● An Economic Analysis of a Food Security Reserve: Commodity vs. Cash, American Agricultural Economics Association 

Selected Paper, August 1999

Nutrition Programs

● Food Assistance Landscape, Economic Information Bulletin, May 2008

● Food Stamps and Obesity: What Do We Know?, Economic Information Bulletin, March 2008

● The Costs of Benefit Delivery in the Food Stamp Program: Lessons From a Cross-Program Analysis, Contractor and 

Cooperator Report, March 2008

● Effect of State Food Stamp and TANF Policies on Food Stamp Program Participation, Contractor and Cooperator Report, 

January 2008

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2008 Farm Bill Side-By-Side: Background Publications

● Informing Food and Nutrition Assistance Policy: 10 Years of Research at ERS, Miscellaneous Publication, December 2007 

● Household Food Security in the United States, 2006, Economic Research Report, November 2007

● Food and Nutrition Assistance Programs and Obesity: 1976-2002, Economic Research Report, September 2007

● Can Food Stamps Do More To Improve Food Choices? An Economic Perspective, Economic Information Bulletin, September 

2007

● Could Behavioral Economics Help Improve Diet Quality for Nutrition Assistance Program Participants?, Economic Research 

Report, June 2007

● Food Assistance: How Strong Is the Safety Net?, Special Issue of Amber Waves, May 2007

● What Factors Account for State-to-State Differences in Food Insecurity?, Economic Information Bulletin, November 2006

● The MID-SIPP Model: A Simulation Approach for Projecting Impacts of Changes in the Food Stamp Program, Contractor 

and Cooperator Report, October 2006

● Income Volatility Complicates Food Assistance, Amber Waves, September 2006

● Food Stamp Program Costs and Error Rates, 1989-2001, Contractor and Cooperator Report, January 2006

● Evaluation of the USDA Elderly Nutrition Demonstrations: Volume I, Evaluation Findings, Contractor and Cooperator 

Report, July 2005

● Understanding Economic and Behavioral Influences on Fruit and Vegetable Choices, Amber Waves, April 2005

● Effects of Food Assistance and Nutrition Programs on Nutrition and Health: Volume 4, Executive Summary of the 

Literature Review, Food Assistance and Nutrition Research Report, December 2004

● Food Stamp Program Access Study: Final Report, E-FAN, November 2004

● Understanding the Food Stamp Benefit Formula: A Tool for Measuring the Component Effects, Food Assistance and 

Nutrition Research Report, April 2001

● The Changing Food Assistance Landscape: The Food Stamp Program in a Post-Welfare Reform Environment, Agricultural 

Economic Report, March 1999

Rural Development 

● Defining the "Rural" in Rural America, Amber Waves, June 2008

● Education's Role in the Metro-Nonmetro Earnings Divide, Amber Waves, February 2008

● Policy Options for a Changing Rural America, Special Issue of Amber Waves, May 2007

● Population Dynamics Are Changing the Profile of Rural Areas, Amber Waves, April 2007

● The Creative Class: A Key to Rural Growth, Amber Waves, April 2007

● Rural America at a Glance, Economic Information Bulletins, various issues 2002-07

● Education as a Rural Development Strategy, Amber Waves, November 2005

● Rural Areas Benefit from Recreation and Tourism Development, Amber Waves, September 2005

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2008 Farm Bill Side-By-Side: Background Publications

● Farm Programs, Natural Amenities, and Rural Development, Amber Waves, February 2005 

● Progress and Partnerships in a Dynamic Rural America, Amber Waves, February 2004

● Nonmetro Poverty: Assessing the Effect of the 1990s, Amber Waves, September 2003

Agricultural Research

● Economic Returns to Public Agricultural Research, Economic Brief, September 2007

● Program of Research on the Economics of Invasive Species Management, Fiscal 2003-06 Activities, Administrative 

Publication, July 2007

● Farmers Balance Off-Farm Work and Technology Adoption, Amber Waves, February 2007

● Knowledge Resources and Productivity, AREI Chapter 3, July 2006

● Public Information Creates Value, Amber Waves, April 2006 

● The First Decade of Genetically Engineered Crops in the United States, Economic Information Bulletin, April 2006

● The Value of Plant Disease Early-Warning Systems: A Case Study of USDA's Soybean Rust Coordinated Framework, 

Economic Research Report, April 2006

● Government Patenting and Technology Transfer, Economic Research Report, March 2006

● Crop Genetic Resources: An Economic Appraisal, Economic Information Bulletin, May 2005

● Have Seed Industry Changes Affected Research Effort?, Amber Waves, February 2004

● Consumers and the Future of Biotech Foods in the United States, Amber Waves, November 2003

● Methyl Bromide Phaseout Proceeds: Users Request Exemptions, Amber Waves, April 2003

● Economic Issues in Agricultural Biotechnology, Agricultural Information Bulletin, March 2001

● Economic Implications of the Methyl Bromide Phaseout, Agricultural Information Bulletin, February 2000

● Agricultural Research and Development: Public and Private Investments Under Alternative Markets and Institutions, 

Agricultural Economic Report, May 1996

Energy

● U.S. Ethanol Expansion Driving Changes Throughout the Agricultural Sector, Amber Waves, September 2007

● Ethanol Reshapes the Corn Market, Special Issue of Amber Waves, May 2007

● Agriculture and Rural Communities Are Resilient to High Energy Costs, Amber Waves, April 2006

Horticulture and Organic Agriculture

● The U.S. Organic Handling Sector in 2004: Baseline Findings of the Nationwide Survey of Organic Manufacturers, 

Processors, and Distributors, Economic Information Bulletin, May 2008

● Data Track the Expansion of International and U.S. Organic Farming, Amber Waves, September 2007

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2008 Farm Bill Side-By-Side: Background Publications

● Relaxing Fruit and Vegetable Planting Restrictions, Special Issue of Amber Waves, May 2007

● Retail and Consumer Aspects of the Organic Milk Market, Livestock, Dairy, and Poultry Outlook special article, May 2007

● Organic Poultry and Eggs Capture High Price Premiums and Growing Share of Specialty Markets, Livestock, Dairy, and 

Poultry Outlook special article, December 2006

● Fruit and Vegetable Backgrounder, Vegetables and Melons Outlook special article, April 2006

● EU and U.S. Organic Markets Face Strong Demand Under Different Policies, Amber Waves, February 2006

● Price Premiums Hold on as U.S. Organic Produce Market Expands, Vegetables and Melons Outlook special article, May 2005

● Understanding Fruit and Vegetable Choices: Economic and Behavioral Influences, Agriculture Information Bulletin, October 

2004 

● Organic Produce, Price Premiums, and Eco-Labeling in U.S. Farmers' Markets, Vegetables and Melons Outlook special 

article, April 2004

● U.S. Organic Farming in 2000-2001: Adoption of Certified Systems, Agriculture Information Bulletin, April 2003

● Recent Growth Patterns in the U.S. Organic Foods Market, Agriculture Information Bulletin, September 2002

Livestock Competition

● Agricultural Contracting Update, 2005, Economic Information Bulletin, April 2008

● Technology, Larger Farm Size Increased Productivity on U.S. Hog Farms, Amber Waves, April 2008

● Low Costs Drive Production to Large Dairy Farms, Amber Waves, September 2007

● U.S. Consumers Had Short-Term Response to First BSE Announcements, Amber Waves, September 2007

● Agricultural Contracting Update: Contracts in 2003, Economic Information Bulletin, January 2006

● U.S. Dairy at a New Crossroads in a Global Setting, Amber Waves, November 2005

● Did the Mandatory Requirement Aid the Market? Impact of the Livestock Mandatory Reporting Act, Livestock, Dairy, and 

Poultry Outlook special article, September 2005

● Structural Change in the Meat, Poultry, Dairy, and Grain Processing Industries, Economic Research Report, April 2005

● Contracts, Markets, and Prices: Organizing the Production and Use of Agricultural Commodities, Agricultural Economic 

Report, November 2004

● Food Traceability: One Ingredient in a Safe and Efficient Food Supply, Amber Waves, April 2004

● Country-of-Origin Labeling: Theory and Observation, International Agriculture and Trade Report, January 2004

● Economics of Food Labeling, Agricultural Economic Report, January 2001

Risk Management

● Managing Risk With Revenue Insurance, Special Issue of Amber Waves, May 2007

● Whole-Farm Approaches to a Safety Net, Economic Information Bulletin, June 2006

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2008 Farm Bill Side-By-Side: Background Publications

● Agricultural Contracting: Trading Autonomy for Risk Reduction, Amber Waves, February 2006

● Why Hasn't Crop Insurance Eliminated Disaster Assistance?, Amber Waves, June 2005

● Contracts, Markets, and Prices: Organizing the Production and Use of Agricultural Commodities, Agricultural Economic 

Report, November 2004

● Risk, Government Programs, and the Environment, Technical Bulletin, March 2004

For more information, contact: Farm policy team

Web administration: webadmin@ers.usda.gov

Updated date: August 25, 2008 

 

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http://www.ers.usda.gov/FarmBill/2008/BackgroundPublications.htm (7 of 7) [9/3/2008 9:54:11 AM]
2008 Farm Bill Side-by-Side: Video Introduction

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2008 Farm Bill Side-By-Side 

Video Introduction to the Side-By-Side

Text only version

● Introduction

● Title I: Commodities

● Title II: Conservation

● Title III: Trade

● Title IV: Nutrition

● Title V: Credit

● Title VI: Rural Development

● Title VII: Research

● Title VIII: Forestry

● Title IX: Energy

● Title X: Hort & Organic Ag

● Title XI: Livestock

● Title XII: Crop Insurance

● Title XIII: Commodity Futures

● Title XIV: Miscellaneous

● Title XV: Trade & Taxes

● 

● Provisions for Traditionally 

Underserved Groups

● ERS Resources

● User's Guide

● A-Z List of Provisions

● List of Provisions by Title

● Background Publications

● Farm Policy Glossary

● Previous Farm Bills

● Related Links

● Download the 2008 Farm 

Bill (1.65MB)

http://www.ers.usda.gov/FarmBill/2008/video/FarmBillVideo.htm (1 of 2) [9/3/2008 9:50:51 AM]
2008 Farm Bill Side-by-Side: Video Introduction

● USDA Farm Bill Site

For more information, contact: Farm policy team

Web administration: webadmin@ers.usda.gov

Updated date: August 25, 2008

 

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http://www.ers.usda.gov/FarmBill/2008/video/FarmBillVideo.htm (2 of 2) [9/3/2008 9:50:51 AM]
Farm Bill Side-By-Side Video Script 

Senator Tom Harkin: Today as Chair of the Senate House conference committee on the farm 

bill, I am happy to announce that the principal farm bill negotiators have produced a final 

conference agreement on the Food, Conservation and Energy act of 2008. 

Senator Saxby Chambliss: Today is the culmination of about three years of hard work on the 

part of the Senate Ag Committee as well as the House Ag Committee. 

Narrator: Welcome to ERS Side-By-Side comparison of old and new farm legislation. 

Kitty Smith: Farm bills set priorities for farm and food related policy for periods of five years. 

The 2008 bill covers a wide variety of issues, from wetland conservation to wheat farming; from 

biofuels to honey bees; from rural business opportunities to food stamp programs. 

ERS offers a unique internet product; a side-by-side comparison of the 2008 bill with previous 

farm legislation. 

Who uses this? Attorneys, journalists, congressional staff, researchers, government agencies, 

interest groups, anyone who needs information on the farm bill and its’ many, many provisions. 

Ralph Grossi: After the new farm bill is signed into law, the very arduous task of rule writing 

and implementation will begin, and the ERS side-by-side will be a very useful reference tool as 

we begin that process. 

Bob Young: We use the side-by-side in-between years for example: when we’re, ya know 

somebody asks a question about how did the last piece of legislation, or had did the last farm bill 

deal with this issue? 

It is very nice when you can pull that up and say “well here are the loan rates for example that 

were in the old bill. Here are the loan rates that are in the new bill”; or “here is specific 

provisions of how EQIP happens to operate”. 

Narrator: From any page on the ERS farm bill site you can access each of the titles. For each 

title of the bill, there is a list of key provisions and subtopics. You can reach ERS publications 

related to farm policy. For the 2008 bill we have added some new features to make the site even 

more useful. There is a search feature within the farm bill site, an alphabetical listing of topics, 

and printer friendly pages. If you have any questions about any of the features, we invite you to 

go to our users guide. 

Kitty Smith: In 2002, this internet product was viewed by tens of thousands of people within the 

first week of its’ posting. We hope that will be the case for this year as well. 
Ralph Grossi: We’re really not aware of a comparable product. It is a very useful and unique 

site for us to be able to access - as we both develop policy and implement the new farm bill. 

Bob Young: It is just a nice place to go, a nice one stop shop if you will, to go to for information 

about all the stuff that’s in that very large piece of legislation. 

Narrator: Like the many other visitors to this site, we hope you’ll find it to be a reliable 

reference.