106TH CONGRESS

2D SESSION H.R. 4788

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:

1 SEC. 311. COTTON FUTURES.

2 Subsection (d)(2) of the United States Cotton Futures

3 Act (7 U.S.C. 15b(d)(2)) is amended by adding at the end

4 the following: ‘‘A person complying with the preceding sen5 tence shall not be liable for any loss or damage arising or

6 resulting from such compliance.’’.
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1 SEC. 312. IMPROVED INVESTIGATIVE AND ENFORCEMENT

2 ACTIVITIES UNDER THE PACKERS AND

3 STOCKYARDS ACT, 1921.

4 (a) IMPLEMENTATION OF GENERAL ACCOUNTING OF5 FICE RECOMMENDATIONS.—Not later than 1 year after the

6 date of the enactment of this Act, the Secretary of Agri7 culture shall implement the recommendations contained in

8 the report issued by the General Accounting Office entitled

9 ‘‘Packers and Stockyards Programs: Actions Needed to Im10 prove Investigations of Competitive Practices’’, GAO/

11 RCED–00–242, dated September 21, 2000.

12 (b) CONSULTATION.—During the implementation pe13 riod referred to in subsection (a), and for such an addi14 tional time period as needed to assure effective implementa15 tion of the recommendations contained in the report re16 ferred to in such subsection, the Secretary of Agriculture

17 shall consult and work with the Department of Justice and

18 the Federal Trade Commission in order to—

19 (1) implement the recommendations in the report

20 regarding investigation management, operations, and

21 case methods development processes; and

22 (2) effectively identify and investigate com23 plaints of unfair and anti-competitive practices in

24 violation of the Packers and Stockyards Act, 1921 (7

25 U.S.C. 181 et seq.), and enforce the Act.
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1 (c) TRAINING.—Not later than 1 year after the date

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

3 shall develop and implement a training program for staff

4 of the Department of Agriculture engaged in the investiga5 tion of complaints of unfair and anti-competitive activity

6 in violation of the Packers and Stockyards Act, 1921. In

7 developing the training program, the Secretary of Agri8 culture shall draw on existing training materials and pro9 grams available at the Department of Justice and the Fed10 eral Trade Commission, to the extent practicable.

11 (d) IMPLEMENTATION REPORT.—Not later than 1 year

12 after the date of the enactment of this Act, the Secretary

13 of Agriculture shall submit to Congress a report describing

14 the actions taken to comply with this section.

15 (e) ANNUAL ASSESSMENT OF CATTLE AND HOG IN16 DUSTRIES.—Title IV of the Packers and Stockyards Act,

17 1921, is amended—

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

19 as section 416; and

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

21 ‘‘SEC. 415. ANNUAL ASSESSMENT OF CATTLE AND HOG IN22 DUSTRIES.

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

24 shall submit to Congress and make publicly available a re25 port that—
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1 ‘‘(1) assesses the general economic state of the

2 cattle and hog industries;

3 ‘‘(2) describes changing business practices in

4 those industries; and

5 ‘‘(3) identifies market operations or activities in

6 those industries that appear to raise concerns under

7 this Act.’’.

8 SEC. 313. REHABILITATION OF WATER RESOURCE STRUC9 TURAL MEASURES CONSTRUCTED UNDER

10 CERTAIN DEPARTMENT OF AGRICULTURE

11 PROGRAMS.

12 The Watershed Protection and Flood Prevention Act

13 (16 U.S.C. 1001 et seq.) is amended by adding at the end

14 the following new section:

15 ‘‘SEC. 14. REHABILITATION OF STRUCTURAL MEASURES

16 NEAR, AT, OR PAST THEIR EVALUATED LIFE

17 EXPECTANCY.

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

19 ‘‘(1) REHABILITATION.—The term ‘rehabilita20 tion’, with respect to a structural measure constructed

21 as part of a covered water resource project, means the

22 completion of all work necessary to extend the service

23 life of the structural measure and meet applicable

24 safety and performance standards. This may include:

25 (A) protecting the integrity of the structural measure
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1 or prolonging the useful life of the structural measure

2 beyond the original evaluated life expectancy; (B) cor3 recting damage to the structural measure from a cata4 strophic event; (C) correcting the deterioration of

5 structural components that are deteriorating at an

6 abnormal rate; (D) upgrading the structural measure

7 to meet changed land use conditions in the watershed

8 served by the structural measure or changed safety

9 criteria applicable to the structural measure; or (E)

10 decommissioning the structure, if requested by the

11 local organization.

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

13 The term ‘covered water resource project’ means a

14 work of improvement carried out under any of the fol15 lowing:

16 ‘‘(A) This Act.

17 ‘‘(B) Section 13 of the Act of December 22,

18 1944 (Public Law 78–534; 58 Stat. 905).

19 ‘‘(C) The pilot watershed program author20 ized under the heading ‘FLOOD PREVENTION’ of

21 the Department of Agriculture Appropriation

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

23 ‘‘(D) Subtitle H of title XV of the Agri24 culture and Food Act of 1981 (16 U.S.C. 3451
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1 et seq.; commonly known as the Resource Con2 servation and Development Program).

3 ‘‘(3) STRUCTURAL MEASURE.—The term ‘struc4 tural measure’ means a physical improvement that

5 impounds water, commonly known as a dam, which

6 was constructed as part of a covered water resource

7 project, including the impoundment area and flood

8 pool.

9 ‘‘(b) COST SHARE ASSISTANCE FOR REHABILITA10 TION.—

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

12 may provide financial assistance to a local organiza13 tion to cover a portion of the total costs incurred for

14 the rehabilitation of structural measures originally

15 constructed as part of a covered water resource

16 project. The total costs of rehabilitation include the

17 costs associated with all components of the rehabilita18 tion project, including acquisition of land, easements,

19 and rights-of-ways, rehabilitation project administra20 tion, the provision of technical assistance, con21 tracting, and construction costs, except that the local

22 organization shall be responsible for securing all land,

23 easements, or rights-of-ways necessary for the project.

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

25 The amount of Federal funds that may be made
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1 available under this subsection to a local organization

2 for construction of a particular rehabilitation project

3 shall be equal to 65 percent of the total rehabilitation

4 costs, but not to exceed 100 percent of actual construc5 tion costs incurred in the rehabilitation. However, the

6 local organization shall be responsible for the costs of

7 water, mineral, and other resource rights and all Fed8 eral, State, and local permits.

9 ‘‘(3) RELATION TO LAND USE AND DEVELOPMENT

10 REGULATIONS.—As a condition on entering into an

11 agreement to provide financial assistance under this

12 subsection, the Secretary, working in concert with the

13 affected unit or units of general purpose local govern14 ment, may require that proper zoning or other devel15 opmental regulations are in place in the watershed in

16 which the structural measures to be rehabilitated

17 under the agreement are located so that—

18 ‘‘(A) the completed rehabilitation project is

19 not quickly rendered inadequate by additional

20 development; and

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

22 the rehabilitation investment.

23 ‘‘(c) TECHNICAL ASSISTANCE FOR WATERSHED

24 PROJECT REHABILITATION.—The Secretary, acting through

25 the Natural Resources Conservation Service, may provide
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1 technical assistance in planning, designing, and imple2 menting rehabilitation projects should a local organization

3 request such assistance. Such assistance may consist of spe4 cialists in such fields as engineering, geology, soils, agron5 omy, biology, hydraulics, hydrology, economics, water qual6 ity, and contract administration.

7 ‘‘(d) PROHIBITED USE.—

8 ‘‘(1) PERFORMANCE OF OPERATION AND MAINTE9 NANCE.—Rehabilitation assistance provided under

10 this section may not be used to perform operation and

11 maintenance activities specified in the agreement for

12 the covered water resource project entered into be13 tween the Secretary and the local organization re14 sponsible for the works of improvement. Such oper15 ation and maintenance activities shall remain the re16 sponsibility of the local organization, as provided in

17 the project work plan.

18 ‘‘(2) RENEGOTIATION.—Notwithstanding para19 graph (1), as part of the provision of financial assist20 ance under subsection (b), the Secretary may renego21 tiate the original agreement for the covered water re22 source project entered into between the Secretary and

23 the local organization regarding responsibility for the

24 operation and maintenance of the project when the re25 habilitation is finished.
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1 ‘‘(e) APPLICATION FOR REHABILITATION ASSIST2 ANCE.—A local organization may apply to the Secretary

3 for technical and financial assistance under this section if

4 the application has also been submitted to and approved

5 by the State agency having supervisory responsibility over

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

7 no State agency having such responsibility, by the Governor

8 of the State. The Secretary shall request the State dam safe9 ty officer (or equivalent State official) to be involved in the

10 application process if State permits or approvals are re11 quired. The rehabilitation of structural measures shall meet

12 standards established by the Secretary and address other

13 dam safety issues. At the request of the local organization,

14 personnel of the Natural Resources Conservation Service of

15 the Department of Agriculture may assist in preparing ap16 plications for assistance.

17 ‘‘(f) RANKING OF REQUESTS FOR REHABILITATION

18 ASSISTANCE.—The Secretary shall establish such system of

19 approving rehabilitation requests, recognizing that such re20 quests will be received throughout the fiscal year and subject

21 to the availability of funds to carry out this section, as is

22 necessary for proper administration by the Department of

23 Agriculture and equitable for all local organizations. The

24 approval process shall be in writing, and made known to

25 all local organizations and appropriate State agencies.
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1 ‘‘(g) PROHIBITION ON CERTAIN REHABILITATION AS2 SISTANCE.—The Secretary may not approve a rehabilita3 tion request if the need for rehabilitation of the structure

4 is the result of a lack of adequate maintenance by the party

5 responsible for the maintenance.

6 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There is

7 authorized to be appropriated to the Secretary to provide

8 financial and technical assistance under this section—

9 ‘‘(1) $5,000,000 for fiscal year 2001;

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

11 ‘‘(3) $15,000,000 for fiscal year 2003;

12 ‘‘(4) $25,000,000 for fiscal year 2004; and

13 ‘‘(5) $35,000,000 for fiscal year 2005.

14 ‘‘(i) ASSESSMENT OF REHABILITATION NEEDS.—The

15 Secretary, in concert with the responsible State agencies,

16 shall conduct an assessment of the rehabilitation needs of

17 covered water resource projects in all States in which such

18 projects are located.

19 ‘‘(j) RECORDKEEPING AND REPORTS.—

20 ‘‘(1) SECRETARY.—The Secretary shall maintain

21 a data base to track the benefits derived from reha22 bilitation projects supported under this section and

23 the expenditures made under this section. On the

24 basis of such data and the reports submitted under

25 paragraph (2), the Secretary shall prepare and sub-
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1 mit to Congress an annual report providing the sta2 tus of activities conducted under this section.

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

4 days after the completion of a specific rehabilitation

5 project for which assistance is provided under this

6 section, the local organization that received the assist7 ance shall make a report to the Secretary giving the

8 status of any rehabilitation effort undertaken using

9 financial assistance provided under this section.’’.

10 SEC. 314. RELEASE OF REVERSIONARY INTEREST AND CON11 VEYANCE OF MINERAL RIGHTS IN FORMER

12 FEDERAL LAND IN SUMTER COUNTY, SOUTH

13 CAROLINA.

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

15 (1) The hiking trail known as the Palmetto Trail

16 traverses the Manchester State Forest in Sumter

17 County, South Carolina, which is owned by the South

18 Carolina State Commission of Forestry on behalf of

19 the State of South Carolina.

20 (2) The Commission seeks to widen the Palmetto

21 Trail by acquiring a corridor of land along the north22 eastern border of the trail from the Anne Marie Car23 ton Boardman Trust in exchange for a tract of former

24 Federal land now owned by the Commission.
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1 (3) At the time of the conveyance of the former

2 Federal land to the Commission in 1955, the United

3 States retained a reversionary interest in the land,

4 which now prevents the land exchange from being

5 completed.

6 (b) RELEASE OF REVERSIONARY INTEREST.—

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

8 tract of land identified as Tract 3 on the map num9 bered 161–DI and further described in paragraph (2),

10 the Secretary of Agriculture shall release the rever11 sionary interest of the United States in the land

12 that—

13 (A) requires that the land be used for public

14 purposes; and

15 (B) is contained in the deed conveying the

16 land from the United States to the South Caro17 lina State Commission of Forestry, dated June

18 28, 1955, and recorded in Deed Drawer No. 6 of

19 the Clerk of Court for Sumter County, South

20 Carolina.

21 (2) MAP OF TRACT 3.—Tract 3 is generally de22 picted on the map numbered 161–DI, entitled

23 ‘‘Boundary Survey for South Carolina Forestry Com24 mission’’, dated August 1998, and filed, together with
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1 a legal description of the tract, with the South Caro2 lina State Commission of Forestry.

3 (3) CONSIDERATION.—As consideration for the

4 release of the revisionary interest under paragraph

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

6 United States a vested future interest, similar to the

7 restriction described in paragraph (1)(A), in the tract

8 of land identified as Parcel G on the map numbered

9 225–HI, entitled ‘‘South Carolina Forestry Commis10 sion Boardman Land Exchange’’, dated June 9, 1999,

11 and filed, together with a legal description of the

12 tract, with the South Carolina State Commission of

13 Forestry.

14 (c) EXCHANGE OF MINERAL RIGHTS.—

15 (1) EXCHANGE REQUIRED.—Subject to any valid

16 existing rights of third parties, the Secretary of the

17 Interior shall convey to the South Carolina State

18 Commission of Forestry on behalf of the State of

19 South Carolina all of the undivided mineral rights of

20 the United States in the Tract 3 identified in sub21 section (b)(1) in exchange for mineral rights of equal

22 value held by the State of South Carolina in the Par23 cel G identified in subsection (b)(3) as well as in Par24 cels E and F owned by the State and also depicted

25 on the map referred to in subsection (b)(3).
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1 (2) DETERMINATION OF MINERAL CHARACTER.—

2 Not later than 90 days after the date of the enactment

3 of this Act, the Secretary of the Interior shall

4 determine—

5 (A) the mineral character of Tract 3 and

6 Parcels E, F, and G; and

7 (B) the fair market value of the mineral in8 terests.

9 SEC. 315. TECHNICAL CORRECTION REGARDING RESTORA10 TION OF ELIGIBILITY FOR CROP LOSS ASSIST11 ANCE.

12 Section 259 of the Agricultural Risk Protection Act of

13 2000 (Public Law 106–224; 114 Stat. 426; 7 U.S.C. 1421

14 note) is amended by adding at the end the following:

15 ‘‘(c) COMMODITY CREDIT CORPORATION.—The Sec16 retary shall use the funds, facilities, and authorities of the

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

18 SEC. 316. PORK CHECKOFF REFERENDUM.

19 Notwithstanding section 1620(c)(3)(B)(iv) of the Pork

20 Promotion, Research, and Consumer Information Act of

21 1985 (7 U.S.C. 4809(c)(3)(B)(iv)), the Secretary shall use

22 funds of the Commodity Credit Corporation to pay for all
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1 expenses associated with the pork checkoff referendum or2 dered by the Secretary on February 25, 2000.

Attest:

Clerk.