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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4788 Engrossed Amendment House (EAH)]

  2d Session

                               H.R. 4788

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                  HOUSE AMENDMENT TO SENATE AMENDMENT
                In the House of Representatives, U. S.,

                                                      October 17, 2000.

    Resolved, That the House agree to the amendment of the Senate to the bill 
(H.R. 4788) entitled ``An Act to amend the United States Grain Standards Act to 
extend the authority of the Secretary of Agriculture to collect fees to cover 
the cost of services performed under that Act, extend the authorization of 
appropriations for that Act, and improve the administration of that Act, to 
reenact the United States Warehouse Act to require the licensing and inspection 
of warehouses used to store agricultural products and provide for the issuance 
of receipts, including electronic receipts, for agricultural products stored or 
handled in licensed warehouses, and for other purposes'', with the following

                  HOUSE AMENDMENT TO SENATE AMENDMENT:

            At the end of the matter proposed to be inserted by the 
      Senate amendment, add the following new sections:

SEC. 311. COTTON FUTURES.

    Subsection (d)(2) of the United States Cotton Futures Act (7 U.S.C. 
15b(d)(2)) is amended by adding at the end the following: ``A person 
complying with the preceding sentence shall not be liable for any loss 
or damage arising or resulting from such compliance.''.

SEC. 312. IMPROVED INVESTIGATIVE AND ENFORCEMENT ACTIVITIES UNDER THE 
              PACKERS AND STOCKYARDS ACT, 1921.

    (a) Implementation of General Accounting Office Recommendations.--
Not later than 1 year after the date of the enactment of this Act, the 
Secretary of Agriculture shall implement the recommendations contained 
in the report issued by the General Accounting Office entitled 
``Packers and Stockyards Programs: Actions Needed to Improve 
Investigations of Competitive Practices'', GAO/RCED-00-242, dated 
September 21, 2000.
    (b) Consultation.--During the implementation period referred to in 
subsection (a), and for such an additional time period as needed to 
assure effective implementation of the recommendations contained in the 
report referred to in such subsection, the Secretary of Agriculture 
shall consult and work with the Department of Justice and the Federal 
Trade Commission in order to--
            (1) implement the recommendations in the report regarding 
        investigation management, operations, and case methods 
        development processes; and
            (2) effectively identify and investigate complaints of 
        unfair and anti-competitive practices in violation of the 
        Packers and Stockyards Act, 1921 (7 U.S.C. 181 et seq.), and 
        enforce the Act.
    (c) Training.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary of Agriculture shall develop and 
implement a training program for staff of the Department of Agriculture 
engaged in the investigation of complaints of unfair and anti-
competitive activity in violation of the Packers and Stockyards Act, 
1921. In developing the training program, the Secretary of Agriculture 
shall draw on existing training materials and programs available at the 
Department of Justice and the Federal Trade Commission, to the extent 
practicable.
    (d) Implementation Report.--Not later than 1 year after the date of 
the enactment of this Act, the Secretary of Agriculture shall submit to 
Congress a report describing the actions taken to comply with this 
section.
    (e) Annual Assessment of Cattle and Hog Industries.--Title IV of 
the Packers and Stockyards Act, 1921, is amended--
            (1) by redesignating section 415 (7 U.S.C. 229) as section 
        416; and
            (2) by inserting after section 414 the following:

``SEC. 415. ANNUAL ASSESSMENT OF CATTLE AND HOG INDUSTRIES.

    ``Not later than March 1 of each year, the Secretary shall submit 
to Congress and make publicly available a report that--
            ``(1) assesses the general economic state of the cattle and 
        hog industries;
            ``(2) describes changing business practices in those 
        industries; and
            ``(3) identifies market operations or activities in those 
        industries that appear to raise concerns under this Act.''.

SEC. 313. REHABILITATION OF WATER RESOURCE STRUCTURAL MEASURES 
              CONSTRUCTED UNDER CERTAIN DEPARTMENT OF AGRICULTURE 
              PROGRAMS.

    The Watershed Protection and Flood Prevention Act (16 U.S.C. 1001 
et seq.) is amended by adding at the end the following new section:

``SEC. 14. REHABILITATION OF STRUCTURAL MEASURES NEAR, AT, OR PAST 
              THEIR EVALUATED LIFE EXPECTANCY.

    ``(a) Definitions.--For purposes of this section:
            ``(1) Rehabilitation.--The term `rehabilitation', with 
        respect to a structural measure constructed as part of a 
        covered water resource project, means the completion of all 
        work necessary to extend the service life of the structural 
        measure and meet applicable safety and performance standards. 
        This may include: (A) protecting the integrity of the 
        structural measure or prolonging the useful life of the 
        structural measure beyond the original evaluated life 
        expectancy; (B) correcting damage to the structural measure 
        from a catastrophic event; (C) correcting the deterioration of 
        structural components that are deteriorating at an abnormal 
        rate; (D) upgrading the structural measure to meet changed land 
        use conditions in the watershed served by the structural 
        measure or changed safety criteria applicable to the structural 
        measure; or (E) decommissioning the structure, if requested by 
        the local organization.
            ``(2) Covered water resource project.--The term `covered 
        water resource project' means a work of improvement carried out 
        under any of the following:
                    ``(A) This Act.
                    ``(B) Section 13 of the Act of December 22, 1944 
                (Public Law 78-534; 58 Stat. 905).
                    ``(C) The pilot watershed program authorized under 
                the heading `Flood Prevention' of the Department of 
                Agriculture Appropriation Act, 1954 (Public Law 156; 67 
                Stat. 214).
                    ``(D) Subtitle H of title XV of the Agriculture and 
                Food Act of 1981 (16 U.S.C. 3451 et seq.; commonly 
                known as the Resource Conservation and Development 
                Program).
            ``(3) Structural measure.--The term `structural measure' 
        means a physical improvement that impounds water, commonly 
        known as a dam, which was constructed as part of a covered 
        water resource project, including the impoundment area and 
        flood pool.
    ``(b) Cost Share Assistance for Rehabilitation.--
            ``(1) Assistance authorized.--The Secretary may provide 
        financial assistance to a local organization to cover a portion 
        of the total costs incurred for the rehabilitation of 
        structural measures originally constructed as part of a covered 
        water resource project. The total costs of rehabilitation 
        include the costs associated with all components of the 
        rehabilitation project, including acquisition of land, 
        easements, and rights-of-ways, rehabilitation project 
        administration, the provision of technical assistance, 
        contracting, and construction costs, except that the local 
        organization shall be responsible for securing all land, 
        easements, or rights-of-ways necessary for the project.
            ``(2) Amount of assistance; limitations.--The amount of 
        Federal funds that may be made available under this subsection 
        to a local organization for construction of a particular 
        rehabilitation project shall be equal to 65 percent of the 
        total rehabilitation costs, but not to exceed 100 percent of 
        actual construction costs incurred in the rehabilitation. 
        However, the local organization shall be responsible for the 
        costs of water, mineral, and other resource rights and all 
        Federal, State, and local permits.
            ``(3) Relation to land use and development regulations.--As 
        a condition on entering into an agreement to provide financial 
        assistance under this subsection, the Secretary, working in 
        concert with the affected unit or units of general purpose 
        local government, may require that proper zoning or other 
        developmental regulations are in place in the watershed in 
        which the structural measures to be rehabilitated under the 
        agreement are located so that--
                    ``(A) the completed rehabilitation project is not 
                quickly rendered inadequate by additional development; 
                and
                    ``(B) society can realize the full benefits of the 
                rehabilitation investment.
    ``(c) Technical Assistance for Watershed Project Rehabilitation.--
The Secretary, acting through the Natural Resources Conservation 
Service, may provide technical assistance in planning, designing, and 
implementing rehabilitation projects should a local organization 
request such assistance. Such assistance may consist of specialists in 
such fields as engineering, geology, soils, agronomy, biology, 
hydraulics, hydrology, economics, water quality, and contract 
administration.
    ``(d) Prohibited Use.--
            ``(1) Performance of operation and maintenance.--
        Rehabilitation assistance provided under this section may not 
        be used to perform operation and maintenance activities 
        specified in the agreement for the covered water resource 
        project entered into between the Secretary and the local 
        organization responsible for the works of improvement. Such 
        operation and maintenance activities shall remain the 
        responsibility of the local organization, as provided in the 
        project work plan.
            ``(2) Renegotiation.--Notwithstanding paragraph (1), as 
        part of the provision of financial assistance under subsection 
        (b), the Secretary may renegotiate the original agreement for 
        the covered water resource project entered into between the 
        Secretary and the local organization regarding responsibility 
        for the operation and maintenance of the project when the 
        rehabilitation is finished.
    ``(e) Application for Rehabilitation Assistance.--A local 
organization may apply to the Secretary for technical and financial 
assistance under this section if the application has also been 
submitted to and approved by the State agency having supervisory 
responsibility over the covered water resource project at issue or, if 
there is no State agency having such responsibility, by the Governor of 
the State. The Secretary shall request the State dam safety officer (or 
equivalent State official) to be involved in the application process if 
State permits or approvals are required. The rehabilitation of 
structural measures shall meet standards established by the Secretary 
and address other dam safety issues. At the request of the local 
organization, personnel of the Natural Resources Conservation Service 
of the Department of Agriculture may assist in preparing applications 
for assistance.
    ``(f) Ranking of Requests for Rehabilitation Assistance.--The 
Secretary shall establish such system of approving rehabilitation 
requests, recognizing that such requests will be received throughout 
the fiscal year and subject to the availability of funds to carry out 
this section, as is necessary for proper administration by the 
Department of Agriculture and equitable for all local organizations. 
The approval process shall be in writing, and made known to all local 
organizations and appropriate State agencies.
    ``(g) Prohibition on Certain Rehabilitation Assistance.--The 
Secretary may not approve a rehabilitation request if the need for 
rehabilitation of the structure is the result of a lack of adequate 
maintenance by the party responsible for the maintenance.
    ``(h) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to provide financial and technical 
assistance under this section--
            ``(1) $5,000,000 for fiscal year 2001;
            ``(2) $10,000,000 for fiscal year 2002;
            ``(3) $15,000,000 for fiscal year 2003;
            ``(4) $25,000,000 for fiscal year 2004; and
            ``(5) $35,000,000 for fiscal year 2005.
    ``(i) Assessment of Rehabilitation Needs.--The Secretary, in 
concert with the responsible State agencies, shall conduct an 
assessment of the rehabilitation needs of covered water resource 
projects in all States in which such projects are located.
    ``(j) Recordkeeping and Reports.--
            ``(1) Secretary.--The Secretary shall maintain a data base 
        to track the benefits derived from rehabilitation projects 
        supported under this section and the expenditures made under 
        this section. On the basis of such data and the reports 
        submitted under paragraph (2), the Secretary shall prepare and 
        submit to Congress an annual report providing the status of 
        activities conducted under this section.
            ``(2) Grant recipients.--Not later than 90 days after the 
        completion of a specific rehabilitation project for which 
        assistance is provided under this section, the local 
        organization that received the assistance shall make a report 
        to the Secretary giving the status of any rehabilitation effort 
        undertaken using financial assistance provided under this 
        section.''.

SEC. 314. RELEASE OF REVERSIONARY INTEREST AND CONVEYANCE OF MINERAL 
              RIGHTS IN FORMER FEDERAL LAND IN SUMTER COUNTY, SOUTH 
              CAROLINA.

    (a) Findings.--Congress finds the following:
            (1) The hiking trail known as the Palmetto Trail traverses 
        the Manchester State Forest in Sumter County, South Carolina, 
        which is owned by the South Carolina State Commission of 
        Forestry on behalf of the State of South Carolina.
            (2) The Commission seeks to widen the Palmetto Trail by 
        acquiring a corridor of land along the northeastern border of 
        the trail from the Anne Marie Carton Boardman Trust in exchange 
        for a tract of former Federal land now owned by the Commission.
            (3) At the time of the conveyance of the former Federal 
        land to the Commission in 1955, the United States retained a 
        reversionary interest in the land, which now prevents the land 
        exchange from being completed.
    (b) Release of Reversionary Interest.--
            (1) Release required.--In the case of the tract of land 
        identified as Tract 3 on the map numbered 161-DI and further 
        described in paragraph (2), the Secretary of Agriculture shall 
        release the reversionary interest of the United States in the 
        land that--
                    (A) requires that the land be used for public 
                purposes; and
                    (B) is contained in the deed conveying the land 
                from the United States to the South Carolina State 
                Commission of Forestry, dated June 28, 1955, and 
                recorded in Deed Drawer No. 6 of the Clerk of Court for 
                Sumter County, South Carolina.
            (2) Map of tract 3.--Tract 3 is generally depicted on the 
        map numbered 161-DI, entitled ``Boundary Survey for South 
        Carolina Forestry Commission'', dated August 1998, and filed, 
        together with a legal description of the tract, with the South 
        Carolina State Commission of Forestry.
            (3) Consideration.--As consideration for the release of the 
        revisionary interest under paragraph (1), the State of South 
        Carolina shall transfer to the United States a vested future 
        interest, similar to the restriction described in paragraph 
        (1)(A), in the tract of land identified as Parcel G on the map 
        numbered 225-HI, entitled ``South Carolina Forestry Commission 
        Boardman Land Exchange'', dated June 9, 1999, and filed, 
        together with a legal description of the tract, with the South 
        Carolina State Commission of Forestry.
    (c) Exchange of Mineral Rights.--
            (1) Exchange required.--Subject to any valid existing 
        rights of third parties, the Secretary of the Interior shall 
        convey to the South Carolina State Commission of Forestry on 
        behalf of the State of South Carolina all of the undivided 
        mineral rights of the United States in the Tract 3 identified 
        in subsection (b)(1) in exchange for mineral rights of equal 
        value held by the State of South Carolina in the Parcel G 
        identified in subsection (b)(3) as well as in Parcels E and F 
        owned by the State and also depicted on the map referred to in 
        subsection (b)(3).
            (2) Determination of mineral character.--Not later than 90 
        days after the date of the enactment of this Act, the Secretary 
        of the Interior shall determine--
                    (A) the mineral character of Tract 3 and Parcels E, 
                F, and G; and
                    (B) the fair market value of the mineral interests.

SEC. 315. TECHNICAL CORRECTION REGARDING RESTORATION OF ELIGIBILITY FOR 
              CROP LOSS ASSISTANCE.

    Section 259 of the Agricultural Risk Protection Act of 2000 (Public 
Law 106-224; 114 Stat. 426; 7 U.S.C. 1421 note) is amended by adding at 
the end the following:
    ``(c) Commodity Credit Corporation.--The Secretary shall use the 
funds, facilities, and authorities of the Commodity Credit Corporation 
to carry out this section.''.

SEC. 316. PORK CHECKOFF REFERENDUM.

    Notwithstanding section 1620(c)(3)(B)(iv) of the Pork Promotion, 
Research, and Consumer Information Act of 1985 (7 U.S.C. 
4809(c)(3)(B)(iv)), the Secretary shall use funds of the Commodity 
Credit Corporation to pay for all expenses associated with the pork 
checkoff referendum ordered by the Secretary on February 25, 2000.
            Attest:

                                                                 Clerk.
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