II 

Calendar No. 136 

113TH CONGRESS 

1ST SESSION H. R. 2642 

IN THE SENATE OF THE UNITED STATES 

JULY 16 (legislative day, JULY 15), 2013 

Received; read twice and placed on the calendar 

AN ACT 

To provide for the reform and continuation of agricultural 

and other programs of the Department of Agriculture 

through fiscal year 2018, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Federal Agriculture Reform and Risk Management Act 

6 of 2013’’. 

7 (b) TABLE OF CONTENTS.—The table of contents of 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definition of Secretary of Agriculture. 

TITLE I—COMMODITIES 


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Subtitle A—Repeals and Reforms 

Sec. 1101. Repeal of direct payments. 

Sec. 1102. Repeal of counter-cyclical payments. 

Sec. 1103. Repeal of average crop revenue election program. 

Sec. 1104. Definitions. 

Sec. 1105. Base acres. 

Sec. 1106. Payment yields. 

Sec. 1107. Farm risk management election. 

Sec. 1108. Producer agreements. 

Subtitle B—Marketing Loans 

Sec. 1201. Availability of nonrecourse marketing assistance loans for loan commodities. 

Sec. 1202. Loan rates for nonrecourse marketing assistance loans. 

Sec. 1203. Term of loans. 

Sec. 1204. Repayment of loans. 

Sec. 1205. Loan deficiency payments. 

Sec. 1206. Payments in lieu of loan deficiency payments for grazed acreage. 

Sec. 1207. Special marketing loan provisions for upland cotton. 

Sec. 1208. Special competitive provisions for extra long staple cotton. 

Sec. 1209. Availability of recourse loans for high moisture feed grains and seed 

cotton. 

Sec. 1210. Adjustments of loans. 

Subtitle C—Sugar 

Sec. 1301. Sugar program. 

Subtitle D—Dairy 

PART I—DAIRY PRODUCER MARGIN INSURANCE PROGRAM

Sec. 1401. Dairy producer margin insurance program. 

Sec. 1402. Rulemaking. 

PART II—REPEAL OR REAUTHORIZATION OF OTHER DAIRY-RELATED

PROVISIONS

Sec. 1411. Repeal of dairy product price support and milk income loss contract 

programs. 

Sec. 1412. Repeal of dairy export incentive program. 

Sec. 1413. Extension of dairy forward pricing program. 

Sec. 1414. Extension of dairy indemnity program. 

Sec. 1415. Extension of dairy promotion and research program. 

Sec. 1416. Repeal of Federal Milk Marketing Order Review Commission. 

PART III—EFFECTIVE DATE

Sec. 1421. Effective date. 

Subtitle E—Supplemental Agricultural Disaster Assistance Programs 

Sec. 1501. Supplemental agricultural disaster assistance. 

Sec. 1502. National Drought Council and National Drought Policy Action Plan. 

Subtitle F—Administration 


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Sec. 1601. Administration generally. 

Sec. 1602. Repeal of permanent price support authority. 

Sec. 1603. Payment limitations. 

Sec. 1603A. Payments limited to active farmers. 

Sec. 1604. Adjusted gross income limitation. 

Sec. 1605. Geographically disadvantaged farmers and ranchers. 

Sec. 1606. Personal liability of producers for deficiencies. 

Sec. 1607. Prevention of deceased individuals receiving payments under farm 

commodity programs. 

Sec. 1608. Technical corrections. 

Sec. 1609. Assignment of payments. 

Sec. 1610. Tracking of benefits. 

Sec. 1611. Signature authority. 

Sec. 1612. Implementation. 

Sec. 1613. Protection of producer information. 

TITLE II—CONSERVATION 

Subtitle A—Conservation Reserve Program 

Sec. 2001. Extension and enrollment requirements of conservation reserve program. 

Sec. 2002. Farmable wetland program. 

Sec. 2003. Duties of owners and operators. 

Sec. 2004. Duties of the Secretary. 

Sec. 2005. Payments. 

Sec. 2006. Contract requirements. 

Sec. 2007. Conversion of land subject to contract to other conserving uses. 

Sec. 2008. Effective date. 

Subtitle B—Conservation Stewardship Program 

Sec. 2101. Conservation stewardship program. 

Subtitle C—Environmental Quality Incentives Program 

Sec. 2201. Purposes. 

Sec. 2202. Establishment and administration. 

Sec. 2203. Evaluation of applications. 

Sec. 2204. Duties of producers. 

Sec. 2205. Limitation on payments. 

Sec. 2206. Conservation innovation grants and payments. 

Sec. 2207. Effective date. 

Subtitle D—Agricultural Conservation Easement Program 

Sec. 2301. Agricultural conservation easement program. 

Subtitle E—Regional Conservation Partnership Program 

Sec. 2401. Regional conservation partnership program. 

Subtitle F—Other Conservation Programs 

Sec. 2501. Conservation of private grazing land. 

Sec. 2502. Grassroots source water protection program. 

Sec. 2503. Voluntary public access and habitat incentive program. 

Sec. 2504. Agriculture conservation experienced services program. 


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Sec. 2505. Small watershed rehabilitation program. 

Sec. 2506. Agricultural management assistance program. 

Sec. 2507. Emergency watershed protection program. 

Subtitle G—Funding and Administration 

Sec. 2601. Funding. 

Sec. 2602. Technical assistance. 

Sec. 2603. Reservation of funds to provide assistance to certain farmers or 

ranchers for conservation access. 

Sec. 2604. Annual report on program enrollments and assistance. 

Sec. 2605. Review of conservation practice standards. 

Sec. 2606. Administrative requirements applicable to all conservation programs. 

Sec. 2607. Standards for State technical committees. 

Sec. 2608. Rulemaking authority. 

Sec. 2609. Wetlands mitigation. 

Sec. 2610. Lesser prairie-chicken conservation report. 

Subtitle H—Repeal of Superseded Program Authorities and Transitional 

Provisions; Technical Amendments 

Sec. 2701. Comprehensive conservation enhancement program. 

Sec. 2702. Emergency forestry conservation reserve program. 

Sec. 2703. Wetlands reserve program. 

Sec. 2704. Farmland protection program and farm viability program. 

Sec. 2705. Grassland reserve program. 

Sec. 2706. Agricultural water enhancement program. 

Sec. 2707. Wildlife habitat incentive program. 

Sec. 2708. Great Lakes basin program. 

Sec. 2709. Chesapeake Bay watershed program. 

Sec. 2710. Cooperative conservation partnership initiative. 

Sec. 2711. Environmental easement program. 

Sec. 2712. Technical amendments. 

TITLE III—TRADE 

Subtitle A—Food for Peace Act 

Sec. 3001. General authority. 

Sec. 3002. Support for organizations through which assistance is provided. 

Sec. 3003. Food aid quality. 

Sec. 3004. Minimum levels of assistance. 

Sec. 3005. Food Aid Consultative Group. 

Sec. 3006. Oversight, monitoring, and evaluation. 

Sec. 3007. Assistance for stockpiling and rapid transportation, delivery, and 

distribution of shelf-stable prepackaged foods. 

Sec. 3008. General provisions. 

Sec. 3009. Prepositioning of agricultural commodities. 

Sec. 3010. Annual report regarding food aid programs and activities. 

Sec. 3011. Deadline for agreements to finance sales or to provide other assistance. 

Sec. 3012. Authorization of appropriations. 

Sec. 3013. Micronutrient fortification programs. 

Sec. 3014. John Ogonowski and Doug Bereuter Farmer-to-Farmer Program. 

Subtitle B—Agricultural Trade Act of 1978 


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Sec. 3101. Funding for export credit guarantee program. 

Sec. 3102. Funding for market access program. 

Sec. 3103. Foreign market development cooperator program. 

Subtitle C—Other Agricultural Trade Laws 

Sec. 3201. Food for Progress Act of 1985. 

Sec. 3202. Bill Emerson Humanitarian Trust. 

Sec. 3203. Promotion of agricultural exports to emerging markets. 

Sec. 3204. McGovern-Dole International Food for Education and Child Nutrition Program. 

Sec. 3205. Technical assistance for specialty crops. 

Sec. 3206. Global Crop Diversity Trust. 

Sec. 3207. Under Secretary of Agriculture for Foreign Agricultural Services. 

Sec. 3208. Department of Agriculture certificates of origin. 

TITLE IV—CREDIT 

Subtitle A—Farm Ownership Loans 

Sec. 4001. Eligibility for farm ownership loans. 

Sec. 4002. Conservation loan and loan guarantee program. 

Sec. 4003. Down payment loan program. 

Sec. 4004. Elimination of mineral rights appraisal requirement. 

Subtitle B—Operating Loans 

Sec. 4101. Eligibility for farm operating loans. 

Sec. 4102. Elimination of rural residency requirement for operating loans to 

youth. 

Sec. 4103. Authority to waive personal liability for youth loans due to circumstances beyond borrower control. 

Sec. 4104. Microloans. 

Subtitle C—Emergency Loans 

Sec. 4201. Eligibility for emergency loans. 

Subtitle D—Administrative Provisions 

Sec. 4301. Beginning farmer and rancher individual development accounts pilot 

program. 

Sec. 4302. Eligible beginning farmers and ranchers. 

Sec. 4303. Loan authorization levels. 

Sec. 4304. Priority for participation loans. 

Sec. 4305. Loan fund set-asides. 

Sec. 4306. Conforming amendment to borrower training provision, relating to 

eligibility changes. 

Subtitle E—State Agricultural Mediation Programs 

Sec. 4401. State agricultural mediation programs. 

Subtitle F—Loans to Purchasers of Highly Fractionated Land 

Sec. 4501. Loans to purchasers of highly fractionated land. 

TITLE V—RURAL DEVELOPMENT 


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Subtitle A—Consolidated Farm and Rural Development Act 

Sec. 5001. Water, waste disposal, and wastewater facility grants. 

Sec. 5002. Rural business opportunity grants. 

Sec. 5003. Elimination of reservation of community facilities grant program 

funds. 

Sec. 5004. Utilization of loan guarantees for community facilities. 

Sec. 5005. Rural water and wastewater circuit rider program. 

Sec. 5006. Tribal college and university essential community facilities. 

Sec. 5007. Essential community facilities technical assistance and training. 

Sec. 5008. Emergency and imminent community water assistance grant program. 

Sec. 5009. Household water well systems. 

Sec. 5010. Rural business and industry loan program. 

Sec. 5011. Rural cooperative development grants. 

Sec. 5012. Locally or regionally produced agricultural food products. 

Sec. 5013. Intermediary relending program. 

Sec. 5014. Rural college coordinated strategy. 

Sec. 5015. Rural water and waste disposal infrastructure. 

Sec. 5016. Simplified applications. 

Sec. 5017. Grants for NOAA weather radio transmitters. 

Sec. 5018. Rural microentrepreneur assistance program. 

Sec. 5019. Delta Regional Authority. 

Sec. 5020. Northern Great Plains Regional Authority. 

Sec. 5021. Rural business investment program. 

Subtitle B—Rural Electrification Act of 1936 

Sec. 5101. Relending for certain purposes. 

Sec. 5102. Fees for certain loan guarantees. 

Sec. 5103. Rural utilities service contracting authority. 

Sec. 5104. Guarantees for bonds and notes issued for electrification or telephone purposes. 

Sec. 5105. Expansion of 911 access. 

Sec. 5106. Access to broadband telecommunications services in rural areas. 

Subtitle C—Miscellaneous 

Sec. 5201. Distance learning and telemedicine. 

Sec. 5202. Value-added agricultural market development program grants. 

Sec. 5203. Agriculture innovation center demonstration program. 

Sec. 5204. Program metrics. 

Sec. 5205. Study of rural transportation issues. 

Sec. 5206. Certain Federal actions not to be considered major. 

Sec. 5207. Telemedicine and distance learning services in rural areas. 

Sec. 5208. Regional economic and infrastructure development. 

TITLE VI—RESEARCH, EXTENSION, AND RELATED MATTERS 

Subtitle A—National Agricultural Research, Extension, and Teaching Policy 

Act of 1977 

Sec. 6101. Option to be included as non-land-grant college of agriculture. 

Sec. 6102. National Agricultural Research, Extension, Education, and Economics Advisory Board. 

Sec. 6103. Specialty crop committee. 

Sec. 6104. Veterinary services grant program. 


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Sec. 6105. Grants and fellowships for food and agriculture sciences education. 

Sec. 6106. Policy research centers. 

Sec. 6107. Repeal of human nutrition intervention and health promotion research program. 

Sec. 6108. Repeal of pilot research program to combine medical and agricultural research. 

Sec. 6109. Nutrition education program. 

Sec. 6110. Continuing animal health and disease research programs. 

Sec. 6111. Repeal of appropriations for research on national or regional problems. 

Sec. 6112. Grants to upgrade agricultural and food sciences facilities at 1890 

land-grant colleges, including Tuskegee University. 

Sec. 6113. Grants to upgrade agriculture and food science facilities and equipment at insular area land-grant institutions. 

Sec. 6114. Repeal of national research and training virtual centers. 

Sec. 6115. Hispanic-serving institutions. 

Sec. 6116. Competitive Grants Program for Hispanic Agricultural Workers and 

Youth. 

Sec. 6117. Competitive grants for international agricultural science and education programs. 

Sec. 6118. Repeal of research equipment grants. 

Sec. 6119. University research. 

Sec. 6120. Extension service. 

Sec. 6121. Auditing, reporting, bookkeeping, and administrative requirements. 

Sec. 6122. Supplemental and alternative crops. 

Sec. 6123. Capacity building grants for NLGCA institutions. 

Sec. 6124. Aquaculture assistance programs. 

Sec. 6125. Rangeland research programs. 

Sec. 6126. Special authorization for biosecurity planning and response. 

Sec. 6127. Distance education and resident instruction grants program for insular area institutions of higher education. 

Sec. 6128. Matching funds requirement. 

Sec. 6129. Sense of Congress regarding expansion of the land grant program 

to include enhanced funding and additional institutions. 

Subtitle B—Food, Agriculture, Conservation, and Trade Act of 1990 

Sec. 6201. Best utilization of biological applications. 

Sec. 6202. Integrated management systems. 

Sec. 6203. Sustainable agriculture technology development and transfer program. 

Sec. 6204. National training program. 

Sec. 6205. National Genetics Resources Program. 

Sec. 6206. Repeal of National Agricultural Weather Information System. 

Sec. 6207. Repeal of rural electronic commerce extension program. 

Sec. 6208. Repeal of agricultural genome initiative. 

Sec. 6209. High-priority research and extension initiatives. 

Sec. 6210. Repeal of nutrient management research and extension initiative. 

Sec. 6211. Organic agriculture research and extension initiative. 

Sec. 6212. Repeal of agricultural bioenergy feedstock and energy efficiency research and extension initiative. 

Sec. 6213. Farm business management. 

Sec. 6214. Centers of excellence. 

Sec. 6215. Repeal of red meat safety research center. 

Sec. 6216. Assistive technology program for farmers with disabilities. 


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Sec. 6217. National rural information center clearinghouse. 

Subtitle C—Agricultural Research, Extension, and Education Reform Act of 

1998 

Sec. 6301. Relevance and merit of agricultural research, extension, and education funded by the Department. 

Sec. 6302. Integrated research, education, and extension competitive grants 

program. 

Sec. 6303. Repeal of coordinated program of research, extension, and education 

to improve viability of small and medium size dairy, livestock, 

and poultry operations. 

Sec. 6304. Fusarium Graminearum grants. 

Sec. 6305. Repeal of Bovine Johne’s disease control program. 

Sec. 6306. Grants for youth organizations. 

Sec. 6307. Specialty crop research initiative. 

Sec. 6308. Food animal residue avoidance database program. 

Sec. 6309. Repeal of national swine research center. 

Sec. 6310. Office of pest management policy. 

Sec. 6311. Repeal of studies of agricultural research, extension, and education. 

Subtitle D—Other Laws 

Sec. 6401. Critical Agricultural Materials Act. 

Sec. 6402. Equity in Educational Land-Grant Status Act of 1994. 

Sec. 6403. Research Facilities Act. 

Sec. 6404. Repeal of carbon cycle research. 

Sec. 6405. Competitive, Special, and Facilities Research Grant Act. 

Sec. 6406. Renewable Resources Extension Act of 1978. 

Sec. 6407. National Aquaculture Act of 1980. 

Sec. 6408. Repeal of use of remote sensing data. 

Sec. 6409. Repeal of reports under Farm Security and Rural Investment Act 

of 2002. 

Sec. 6410. Beginning farmer and rancher development program. 

Sec. 6411. Inclusion of American Samoa, Federated States of Micronesia, and 

Northern Mariana Islands as a State under McIntire-Stennis 

Cooperative Forestry Act. 

Subtitle E—Food, Conservation, and Energy Act of 2008 

PART 1—AGRICULTURAL SECURITY

Sec. 6501. Agricultural biosecurity communication center. 

Sec. 6502. Assistance to build local capacity in agricultural biosecurity planning, preparation, and response. 

Sec. 6503. Research and development of agricultural countermeasures. 

Sec. 6504. Agricultural biosecurity grant program. 

PART 2—MISCELLANEOUS

Sec. 6511. Enhanced use lease authority pilot program. 

Sec. 6512. Grazinglands research laboratory. 

Sec. 6513. Budget submission and funding. 

Sec. 6514. Research and education grants for the study of antibiotic-resistant 

bacteria. 

Sec. 6515. Repeal of farm and ranch stress assistance network. 

Sec. 6516. Repeal of seed distribution. 


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Sec. 6517. Natural products research program. 

Sec. 6518. Sun grant program. 

Sec. 6519. Repeal of study and report on food deserts. 

Sec. 6520. Repeal of agricultural and rural transportation research and education. 

Subtitle F—Miscellaneous Provisions 

Sec. 6601. Agreements with nonprofit organizations for National Arboretum. 

Sec. 6602. Cotton Disease Research Report. 

Sec. 6603. Acceptance of facility for Agricultural Research Service. 

Sec. 6604. Miscellaneous technical corrections. 

Sec. 6605. Legitimacy of industrial hemp research. 

TITLE VII—FORESTRY 

Subtitle A—Repeal of Certain Forestry Programs 

Sec. 7001. Forest land enhancement program. 

Sec. 7002. Watershed forestry assistance program. 

Sec. 7003. Expired cooperative national forest products marketing program. 

Sec. 7004. Hispanic-serving institution agricultural land national resources 

leadership program. 

Sec. 7005. Tribal watershed forestry assistance program. 

Sec. 7006. Separate Forest Service decisionmaking and appeals process. 

Subtitle B—Reauthorization of Cooperative Forestry Assistance Act of 1978 

Programs 

Sec. 7101. State-wide assessment and strategies for forest resources. 

Sec. 7102. Forest Legacy Program. 

Sec. 7103. Community forest and open space conservation program. 

Subtitle C—Reauthorization of Other Forestry-Related Laws 

Sec. 7201. Rural revitalization technologies. 

Sec. 7202. Office of International Forestry. 

Sec. 7203. Change in funding source for healthy forests reserve program. 

Sec. 7204. Stewardship end result contracting project authority. 

Subtitle D—National Forest Critical Area Response 

Sec. 7301. Definitions. 

Sec. 7302. Designation of critical areas. 

Sec. 7303. Application of expedited procedures and activities of the Healthy 

Forests Restoration Act of 2003 to critical areas. 

Sec. 7304. Good neighbor authority. 

Subtitle E—Miscellaneous Provisions 

Sec. 7401. Revision of strategic plan for forest inventory and analysis. 

Sec. 7402. Forest Service participation in ACES Program. 

Sec. 7403. Green science and technology transfer research under Forest and 

Rangeland Renewable Resources Research Act of 1978. 

Sec. 7404. Extension of stewardship contracts authority regarding use of designation by prescription to all thinning sales under National 

Forest Management Act of 1976. 


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Sec. 7405. Reimbursement of fire funds expended by a State for management 

and suppression of certain wildfires. 

Sec. 7406. Ability of National Forest System lands to meet needs of local wood 

producing facilities for raw materials. 

Sec. 7407. Report on the National Forest System roads. 

Sec. 7408. Forest Service large airtanker and aerial asset firefighting recapitalization pilot program. 

Sec. 7409. Land conveyance, Jefferson National Forest in Wise County, Virginia. 

Sec. 7410. Categorical exclusion for forest projects in response to emergencies. 

TITLE VIII—ENERGY 

Sec. 8001. Definition of renewable energy system. 

Sec. 8002. Biobased markets program. 

Sec. 8003. Biorefinery assistance. 

Sec. 8004. Repowering assistance program. 

Sec. 8005. Bioenergy Program for Advanced Biofuels. 

Sec. 8006. Biodiesel Fuel Education Program. 

Sec. 8007. Rural Energy for America Program. 

Sec. 8008. Biomass Research and Development. 

Sec. 8009. Feedstock Flexibility Program for Bioenergy Producers. 

Sec. 8010. Biomass Crop Assistance Program. 

Sec. 8011. Community wood energy program. 

Sec. 8012. Repeal of biofuels infrastructure study. 

Sec. 8013. Repeal of renewable fertilizer study. 

Sec. 8014. Energy efficiency report for USDA facilities. 

TITLE IX—HORTICULTURE 

Sec. 9001. Specialty crops market news allocation. 

Sec. 9002. Repeal of grant program to improve movement of specialty crops. 

Sec. 9003. Farmers market and local food promotion program. 

Sec. 9004. Organic agriculture. 

Sec. 9005. Investigations and enforcement of the Organic Foods Production 

Act of 1990. 

Sec. 9006. Food safety education initiatives. 

Sec. 9007. Specialty crop block grants. 

Sec. 9008. Department of Agriculture consultation regarding enforcement of 

certain labor law provisions. 

Sec. 9009. Report on honey. 

Sec. 9010. Bulk shipments of apples to Canada. 

Sec. 9011. Consolidation of plant pest and disease management and disaster 

prevention programs. 

Sec. 9012. Modification, cancellation, or suspension on basis of a biological 

opinion. 

Sec. 9013. Use and discharges of authorized pesticides. 

Sec. 9014. Seed not pesticide or device for purposes of importation. 

Sec. 9015. Stay of regulations related to Christmas Tree Promotion, Research, 

and Information Order. 

Sec. 9016. Study on proposed order pertaining to sulfuryl fluoride. 

Sec. 9017. Study on local and regional food production and program evaluation. 

Sec. 9018. Annual report on invasive species. 

TITLE X—CROP INSURANCE 


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Sec. 10001. Information sharing. 

Sec. 10002. Publication of information on violations of prohibition on premium 

adjustments. 

Sec. 10003. Supplemental coverage option. 

Sec. 10004. Premium amounts for catastrophic risk protection. 

Sec. 10005. Repeal of performance-based discount. 

Sec. 10006. Permanent enterprise unit subsidy. 

Sec. 10007. Enterprise units for irrigated and nonirrigated crops. 

Sec. 10008. Data collection. 

Sec. 10009. Adjustment in actual production history to establish insurable 

yields. 

Sec. 10010. Submission and review of policies. 

Sec. 10011. Equitable relief for specialty crop policies. 

Sec. 10012. Budget limitations on renegotiation of the standard reinsurance 

agreement. 

Sec. 10013. Crop production on native sod. 

Sec. 10014. Coverage levels by practice. 

Sec. 10015. Beginning farmer and rancher provisions. 

Sec. 10016. Stacked income protection plan for producers of upland cotton. 

Sec. 10017. Peanut revenue crop insurance. 

Sec. 10018. Authority to correct errors. 

Sec. 10019. Implementation. 

Sec. 10020. Research and development priorities. 

Sec. 10021. Additional research and development contracting requirements. 

Sec. 10022. Program compliance partnerships. 

Sec. 10023. Pilot programs. 

Sec. 10024. Technical amendments. 

Sec. 10025. Advance public notice of crop insurance policy and plan changes. 

TITLE XI—MISCELLANEOUS 

Subtitle A—Livestock 

Sec. 11101. Repeal of the National Sheep Industry Improvement Center. 

Sec. 11102. Repeal of certain regulations under the Packers and Stockyards 

Act, 1921. 

Sec. 11103. Trichinae certification program. 

Sec. 11104. National Aquatic Animal Health Plan. 

Sec. 11105. Country of origin labeling. 

Sec. 11106. National animal health laboratory network. 

Sec. 11107. Repeal of duplicative catfish inspection program. 

Sec. 11108. National Poultry Improvement Program. 

Sec. 11109. Report on bovine tuberculosis in Texas. 

Sec. 11110. Economic fraud in wild and farm-raised seafood. 

Subtitle B—Socially Disadvantaged Producers and Limited Resource 

Producers 

Sec. 11201. Outreach and assistance for socially disadvantaged farmers and 

ranchers and veteran farmers and ranchers. 

Sec. 11202. Office of Advocacy and Outreach. 

Sec. 11203. Socially Disadvantaged Farmers and Ranchers Policy Research 

Center. 

Sec. 11204. Receipt for service or denial of service from certain department of 

agriculture agencies. 


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Subtitle C—Other Miscellaneous Provisions 

Sec. 11301. Grants to improve supply, stability, safety, and training of agricultural labor force. 

Sec. 11302. Program benefit eligibility status for participants in high plains 

water study. 

Sec. 11303. Office of Tribal Relations. 

Sec. 11304. Military Veterans Agricultural Liaison. 

Sec. 11305. Prohibition on keeping GSA leased cars overnight. 

Sec. 11306. Noninsured crop assistance program. 

Sec. 11307. Ensuring high standards for agency use of scientific information. 

Sec. 11308. Evaluation required for purposes of prohibition on closure or relocation of county offices for the Farm Service Agency. 

Sec. 11309. Acer access and development program. 

Sec. 11310. Regulatory review by the Secretary of Agriculture. 

Sec. 11311. Prohibition on attending an animal fighting venture or causing a 

minor to attend an animal fighting venture. 

Sec. 11312. Prohibition against interference by State and local governments 

with production or manufacture of items in other States. 

Sec. 11313. Increased protection for agricultural interests in the Missouri River 

Basin. 

Sec. 11314. Increased protection for agricultural interests in the Black Dirt region. 

Sec. 11315. Protection of honey bees and other pollinators. 

Sec. 11316. Produce represented as grown in the United States when it is not 

in fact grown in the United States. 

Sec. 11317. Urban agriculture coordination. 

Sec. 11318. Sense of Congress on increased business opportunities for black 

farmers, women, minorities, and small businesses. 

Sec. 11319. Sense of Congress regarding agriculture security programs. 

Sec. 11320. Report on water sharing. 

Sec. 11321. Scientific and economic analysis of the FDA Food Safety Modernization Act. 

Sec. 11322. Improved Department of Agriculture consideration of economic impact of regulations on small business. 

Sec. 11323. Silvicultural activities. 

Sec. 11324. Applicability of Spill Prevention, Control, and Countermeasure 

rule. 

Sec. 11325. Agricultural producer information disclosure. 

Sec. 11326. Report on National Ocean Policy. 

Sec. 11327. Sunsetting of programs. 

Subtitle D—Chesapeake Bay Accountability and Recovery 

Sec. 11401. Short title. 

Sec. 11402. Chesapeake Bay Crosscut Budget. 

Sec. 11403. Restoration through adaptive management. 

Sec. 11404. Independent Evaluator for the Chesapeake Bay Program. 

Sec. 11405. Definitions. 

1 SEC. 2. DEFINITION OF SECRETARY OF AGRICULTURE. 

2 In this Act, the term ‘‘Secretary’’ means the Sec3 retary of Agriculture. 


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1 TITLE I—COMMODITIES 

2 Subtitle A—Repeals and Reforms 

3 SEC. 1101. REPEAL OF DIRECT PAYMENTS. 

4 (a) REPEAL.—Sections 1103 and 1303 of the Food, 

5 Conservation, and Energy Act of 2008 (7 U.S.C. 8713, 

6 8753) are repealed. 

7 (b) CONTINUED APPLICATION FOR 2013 CROP

8 YEAR.—Sections 1103 and 1303 of the Food, Conserva9 tion, and Energy Act of 2008 (7 U.S.C. 8713, 8753), as 

10 in effect on the day before the date of enactment of this 

11 Act, shall continue to apply through the 2013 crop year 

12 with respect to all covered commodities (as defined in sec13 tion 1001 of that Act (7 U.S.C. 8702)) and peanuts on 

14 a farm. 

15 (c) CONTINUED APPLICATION FOR 2014 AND 2015 

16 CROP YEARS.—Subject to this subtitle, the amendments 

17 made by sections 1603 and 1604 of this Act, and sections 

18 1607 and 1611 of this Act, section 1103 of the Food, Con19 servation and Energy Act of 2008 (7 U.S.C. 8713), as 

20 in effect on the day before the date of enactment of this 

21 Act, shall continue to apply through the 2014 and 2015 

22 crop years with respect to upland cotton only (as defined 

23 in section 1001 of that Act (7 U.S.C. 8702)), except that, 

24 in applying such section 1103, the term ‘‘payment acres’’ 

25 means the following: 


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1 (1) For crop year 2014, 70 percent of the base 

2 acres of upland cotton on a farm on which direct 

3 payments are made. 

4 (2) For crop year 2015, 60 percent of the base 

5 acres of upland cotton on a farm on which direct 

6 payments are made. 

7 SEC. 1102. REPEAL OF COUNTER-CYCLICAL PAYMENTS. 

8 (a) REPEAL.—Sections 1104 and 1304 of the Food, 

9 Conservation, and Energy Act of 2008 (7 U.S.C. 8714, 

10 8754) are repealed. 

11 (b) CONTINUED APPLICATION FOR 2013 CROP

12 YEAR.—Sections 1104 and 1304 of the Food, Conserva13 tion, and Energy Act of 2008 (7 U.S.C. 8714, 8754), as 

14 in effect on the day before the date of enactment of this 

15 Act, shall continue to apply through the 2013 crop year 

16 with respect to all covered commodities (as defined in sec17 tion 1001 of that Act (7 U.S.C. 8702)) and peanuts on 

18 a farm. 

19 SEC. 1103. REPEAL OF AVERAGE CROP REVENUE ELECTION 

20 PROGRAM. 

21 (a) REPEAL.—Section 1105 of the Food, Conserva22 tion, and Energy Act of 2008 (7 U.S.C. 8715) is repealed. 

23 (b) CONTINUED APPLICATION FOR 2013 CROP

24 YEAR.—Section 1105 of the Food, Conservation, and En25 ergy Act of 2008 (7 U.S.C. 8715), as in effect on the day 


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1 before the date of enactment of this Act, shall continue 

2 to apply through the 2013 crop year with respect to all 

3 covered commodities (as defined in section 1001 of that 

4 Act (7 U.S.C. 8702)) and peanuts on a farm for which 

5 the irrevocable election under section 1105 of that Act was 

6 made before the date of enactment of this Act. 

7 SEC. 1104. DEFINITIONS. 

8 In this subtitle and subtitle B: 

9 (1) ACTUAL COUNTY REVENUE.—The term ‘‘ac10 tual county revenue’’, with respect to a covered com11 modity for a crop year, means the amount deter12 mined by the Secretary under section 1107(c)(4) to 

13 determine whether revenue loss coverage payments 

14 are required to be provided for that crop year. 

15 (2) BASE ACRES.—The term ‘‘base acres’’, with 

16 respect to a covered commodity and cotton on a 

17 farm, means the number of acres established under 

18 sections 1101 and 1302 of the Farm Security and 

19 Rural Investment Act of 2002 (7 U.S.C. 7911, 

20 7952) or sections 1101 and 1302 of the Food, Con21 servation, and Energy Act of 2008 (7 U.S.C. 8711, 

22 8752), as in effect on September 30, 2013, subject 

23 to any adjustment under section 1105 of this Act. 

24 For purposes of making payments under subsections 


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1 (b) and (c) of section 1107, base acres are reduced 

2 by the payment acres calculated in section 1101(c). 

3 (3) COUNTY REVENUE LOSS COVERAGE TRIG4 GER.—The term ‘‘county revenue loss coverage trig5 ger’’, with respect to a covered commodity for a crop 

6 year, means the amount determined by the Secretary 

7 under section 1107(c)(5) to determine whether rev8 enue loss coverage payments are required to be pro9 vided for that crop year. 

10 (4) COVERED COMMODITY.—The term ‘‘covered 

11 commodity’’ means wheat, oats, and barley (includ12 ing wheat, oats, and barley used for haying and 

13 grazing), corn, grain sorghum, long grain rice, me14 dium grain rice, pulse crops, soybeans, other oil15 seeds, and peanuts. 

16 (5) EFFECTIVE PRICE.—The term ‘‘effective 

17 price’’, with respect to a covered commodity for a 

18 crop year, means the price calculated by the Sec19 retary under section 1107(b)(2) to determine wheth20 er price loss coverage payments are required to be 

21 provided for that crop year. 

22 (6) EXTRA LONG STAPLE COTTON.—The term 

23 ‘‘extra long staple cotton’’ means cotton that— 

24 (A) is produced from pure strain varieties 

25 of the Barbadense species or any hybrid of the 


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1 species, or other similar types of extra long sta2 ple cotton, designated by the Secretary, having 

3 characteristics needed for various end uses for 

4 which United States upland cotton is not suit5 able and grown in irrigated cotton-growing re6 gions of the United States designated by the 

7 Secretary or other areas designated by the Sec8 retary as suitable for the production of the vari9 eties or types; and 

10 (B) is ginned on a roller-type gin or, if au11 thorized by the Secretary, ginned on another 

12 type gin for experimental purposes. 

13 (7) FARM BASE ACRES.—The term ‘‘farm base 

14 acres’’ means the sum of the base acreage for all 

15 covered commodities and cotton on a farm in effect 

16 as of September 30, 2013, and subject to any ad17 justment under section 1105. 

18 (8) MEDIUM GRAIN RICE.—The term ‘‘medium 

19 grain rice’’ includes short grain rice. 

20 (9) MIDSEASON PRICE.—The term ‘‘midseason 

21 price’’ means the applicable national average market 

22 price received by producers for the first 5 months of 

23 the applicable marketing year, as determined by the 

24 Secretary. 


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1 (10) OTHER OILSEED.—The term ‘‘other oil2 seed’’ means a crop of sunflower seed, rapeseed, 

3 canola, safflower, flaxseed, mustard seed, crambe, 

4 sesame seed, or any oilseed designated by the Sec5 retary. 

6 (11) PAYMENT ACRES.— 

7 (A) IN GENERAL.—Except as provided in 

8 subparagraphs (B) through (D), the term ‘‘pay9 ment acres’’, with respect to the provision of 

10 price loss coverage payments and revenue loss 

11 coverage payments, means— 

12 (i) 85 percent of total acres planted 

13 for the year to each covered commodity on 

14 a farm; and 

15 (ii) 30 percent of total acres approved 

16 as prevented from being planted for the 

17 year to each covered commodity on a farm. 

18 (B) MAXIMUM.—The total quantity of pay19 ment acres determined under subparagraph (A) 

20 shall not exceed the farm base acres. 

21 (C) REDUCTION.—If the sum of all pay22 ment acres for a farm exceeds the limits estab23 lished under subparagraph (B), the Secretary 

24 shall reduce the payment acres applicable to 

25 each crop proportionately. 


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1 (D) EXCLUSION.—The term ‘‘payment 

2 acres’’ does not include any crop subsequently 

3 planted during the same crop year on the same 

4 land for which the first crop is eligible for pay5 ments under this subtitle, unless the crop was 

6 approved for double cropping in the county, as 

7 determined by the Secretary. 

8 (12) PAYMENT YIELD.—The term ‘‘payment 

9 yield’’ means the yield established for counter-cycli10 cal payments under section 1102 or 1302 of the 

11 Farm Security and Rural Investment Act of 2002 (7 

12 U.S.C. 7912, 7952), section 1102 of the Food, Con13 servation, and Energy Act of 2008 (7 U.S.C. 8712), 

14 as in effect on September 30, 2013, or under section 

15 1106 of this Act, for a farm for a covered com16 modity. 

17 (13) PRICE LOSS COVERAGE.—The term ‘‘price 

18 loss coverage’’ means coverage provided under sec19 tion 1107(b). 

20 (14) PRODUCER.— 

21 (A) IN GENERAL.—The term ‘‘producer’’ 

22 means an owner, operator, landlord, tenant, or 

23 sharecropper that shares in the risk of pro24 ducing a crop and is entitled to share in the 


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1 crop available for marketing from the farm, or 

2 would have shared had the crop been produced. 

3 (B) HYBRID SEED.—In determining 

4 whether a grower of hybrid seed is a producer, 

5 the Secretary shall— 

6 (i) not take into consideration the ex7 istence of a hybrid seed contract; and 

8 (ii) ensure that program requirements 

9 do not adversely affect the ability of the 

10 grower to receive a payment under this 

11 title. 

12 (15) PULSE CROP.—The term ‘‘pulse crop’’ 

13 means dry peas, lentils, small chickpeas, and large 

14 chickpeas. 

15 (16) REFERENCE PRICE.—The term ‘‘reference 

16 price’’, with respect to a covered commodity for a 

17 crop year, means the following: 

18 (A) Wheat, $5.50 per bushel. 

19 (B) Corn, $3.70 per bushel. 

20 (C) Grain sorghum, $3.95 per bushel. 

21 (D) Barley, $4.95 per bushel. 

22 (E) Oats, $2.40 per bushel. 

23 (F) Long grain rice, $14.00 per hundred24 weight. 


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1 (G) Medium grain rice, $14.00 per hun2 dredweight. 

3 (H) Soybeans, $8.40 per bushel. 

4 (I) Other oilseeds, $20.15 per hundred5 weight. 

6 (J) Peanuts $535.00 per ton. 

7 (K) Dry peas, $11.00 per hundredweight. 

8 (L) Lentils, $19.97 per hundredweight. 

9 (M) Small chickpeas, $19.04 per hundred10 weight. 

11 (N) Large chickpeas, $21.54 per hundred12 weight. 

13 (17) REVENUE LOSS COVERAGE.—The term 

14 ‘‘revenue loss coverage’’ means coverage provided 

15 under section 1107(c). 

16 (18) SECRETARY.—The term ‘‘Secretary’’ 

17 means the Secretary of Agriculture. 

18 (19) STATE.—The term ‘‘State’’ means— 

19 (A) a State; 

20 (B) the District of Columbia; 

21 (C) the Commonwealth of Puerto Rico; 

22 and 

23 (D) any other territory or possession of the 

24 United States. 


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1 (20) TEMPERATE JAPONICA RICE.—The term 

2 ‘‘temperate japonica rice’’ means rice that is grown 

3 in high altitudes or temperate regions of high lati4 tudes with cooler climate conditions, in the Western 

5 United States, as determined by the Secretary. 

6 (21) TRANSITIONAL YIELD.—The term ‘‘transi7 tional yield’’ has the meaning given the term in sec8 tion 502(b) of the Federal Crop Insurance Act (7 

9 U.S.C. 1502(b)). 

10 (22) UNITED STATES.—The term ‘‘United 

11 States’’, when used in a geographical sense, means 

12 all of the States. 

13 (23) UNITED STATES PREMIUM FACTOR.—The 

14 term ‘‘United States Premium Factor’’ means the 

15 percentage by which the difference in the United 

16 States loan schedule premiums for Strict Middling 

(SM) 11 17 ⁄8-inch upland cotton and for Middling (M) 

13 18 ⁄32-inch upland cotton exceeds the difference in the 

19 applicable premiums for comparable international 

20 qualities. 

21 SEC. 1105. BASE ACRES. 

22 (a) ADJUSTMENT OF BASE ACRES.— 

23 (1) IN GENERAL.—The Secretary shall provide 

24 for an adjustment, as appropriate, in the base acres 


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1 for covered commodities and cotton for a farm when2 ever any of the following circumstances occurs: 

3 (A) A conservation reserve contract en4 tered into under section 1231 of the Food Secu5 rity Act of 1985 (16 U.S.C. 3831) with respect 

6 to the farm expires or is voluntarily terminated. 

7 (B) Cropland is released from coverage 

8 under a conservation reserve contract by the 

9 Secretary. 

10 (C) The producer has eligible oilseed acre11 age as the result of the Secretary designating 

12 additional oilseeds, which shall be determined in 

13 the same manner as eligible oilseed acreage 

14 under section 1101(a)(1)(D) of the Food, Con15 servation, and Energy Act of 2008 (7 U.S.C. 

16 8711(a)(1)(D)). 

17 (2) SPECIAL CONSERVATION RESERVE ACREAGE

18 PAYMENT RULES.—For the crop year in which a 

19 base acres adjustment under subparagraph (A) or 

20 (B) of paragraph (1) is first made, the owner of the 

21 farm shall elect to receive price loss coverage or rev22 enue loss coverage with respect to the acreage added 

23 to the farm under this subsection or a prorated pay24 ment under the conservation reserve contract, but 

25 not both. 


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1 (b) PREVENTION OF EXCESS BASE ACRES.— 

2 (1) REQUIRED REDUCTION.—If the sum of the 

3 base acres for a farm, together with the acreage de4 scribed in paragraph (2) exceeds the actual cropland 

5 acreage of the farm, the Secretary shall reduce the 

6 base acres for 1 or more covered commodities or cot7 ton for the farm so that the sum of the base acres 

8 and acreage described in paragraph (2) does not ex9 ceed the actual cropland acreage of the farm. 

10 (2) OTHER ACREAGE.—For purposes of para11 graph (1), the Secretary shall include the following: 

12 (A) Any acreage on the farm enrolled in 

13 the conservation reserve program or wetlands 

14 reserve program (or successor programs) under 

15 chapter 1 of subtitle D of title XII of the Food 

16 Security Act of 1985 (16 U.S.C. 3830 et seq.). 

17 (B) Any other acreage on the farm en18 rolled in a Federal conservation program for 

19 which payments are made in exchange for not 

20 producing an agricultural commodity on the 

21 acreage. 

22 (C) If the Secretary designates additional 

23 oilseeds, any eligible oilseed acreage, which shall 

24 be determined in the same manner as eligible 

25 oilseed acreage under subsection (a)(1)(C). 


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1 (3) SELECTION OF ACRES.—The Secretary shall 

2 give the owner of the farm the opportunity to select 

3 the base acres for a covered commodity or cotton for 

4 the farm against which the reduction required by 

5 paragraph (1) will be made. 

6 (4) EXCEPTION FOR DOUBLE-CROPPED ACRE7 AGE.—In applying paragraph (1), the Secretary 

8 shall make an exception in the case of double crop9 ping, as determined by the Secretary. 

10 (c) REDUCTION IN BASE ACRES.— 

11 (1) REDUCTION AT OPTION OF OWNER.— 

12 (A) IN GENERAL.—The owner of a farm 

13 may reduce, at any time, the base acres for any 

14 covered commodity or cotton for the farm. 

15 (B) EFFECT OF REDUCTION.—A reduction 

16 under subparagraph (A) shall be permanent 

17 and made in a manner prescribed by the Sec18 retary. 

19 (2) REQUIRED ACTION BY SECRETARY.— 

20 (A) IN GENERAL.—The Secretary shall 

21 proportionately reduce base acres on a farm for 

22 covered commodities and cotton for land that 

23 has been subdivided and developed for multiple 

24 residential units or other nonfarming uses if the 

25 size of the tracts and the density of the subdiviVerDate Mar 15 2010 21:18 Jul 16, 2013 Jkt 029200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H2642.PCS H2642

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1 sion is such that the land is unlikely to return 

2 to the previous agricultural use, unless the pro3 ducers on the farm demonstrate that the land— 

4 (i) remains devoted to commercial ag5 ricultural production; or 

6 (ii) is likely to be returned to the pre7 vious agricultural use. 

8 (B) REQUIREMENT.—The Secretary shall 

9 establish procedures to identify land described 

10 in subparagraph (A). 

11 SEC. 1106. PAYMENT YIELDS. 

12 (a) ESTABLISHMENT AND PURPOSE.—For the pur13 pose of making payments under this subtitle, the Sec14 retary shall provide for the establishment of a yield for 

15 each farm for any designated oilseed for which a payment 

16 yield was not established under section 1102 of the Food, 

17 Conservation, and Energy Act of 2008 (7 U.S.C. 8712) 

18 in accordance with this section. 

19 (b) PAYMENT YIELDS FOR DESIGNATED OIL20 SEEDS.— 

21 (1) DETERMINATION OF AVERAGE YIELD.—In 

22 the case of designated oilseeds, the Secretary shall 

23 determine the average yield per planted acre for the 

24 designated oilseed on a farm for the 1998 through 

25 2001 crop years, excluding any crop year in which 


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1 the acreage planted to the designated oilseed was 

2 zero. 

3 (2) ADJUSTMENT FOR PAYMENT YIELD.— 

4 (A) IN GENERAL.—The payment yield for 

5 a farm for a designated oilseed shall be equal 

6 to the product of the following: 

7 (i) The average yield for the des8 ignated oilseed determined under para9 graph (1). 

10 (ii) The ratio resulting from dividing 

11 the national average yield for the des12 ignated oilseed for the 1981 through 1985 

13 crops by the national average yield for the 

14 designated oilseed for the 1998 through 

15 2001 crops. 

16 (B) NO NATIONAL AVERAGE YIELD INFOR17 MATION AVAILABLE.—To the extent that na18 tional average yield information for a des19 ignated oilseed is not available, the Secretary 

20 shall use such information as the Secretary de21 termines to be fair and equitable to establish a 

22 national average yield under this section. 

23 (3) USE OF COUNTY AVERAGE YIELD.—If the 

24 yield per planted acre for a crop of a designated oil25 seed for a farm for any of the 1998 through 2001 


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1 crop years was less than 75 percent of the county 

2 yield for that designated oilseed, the Secretary shall 

3 assign a yield for that crop year equal to 75 percent 

4 of the county yield for the purpose of determining 

5 the average under paragraph (1). 

6 (4) NO HISTORIC YIELD DATA AVAILABLE.—In 

7 the case of establishing yields for designated oil8 seeds, if historic yield data is not available, the Sec9 retary shall use the ratio for dry peas calculated 

10 under paragraph (2)(A)(ii) in determining the yields 

11 for designated oilseeds, as determined to be fair and 

12 equitable by the Secretary. 

13 (c) EFFECT OF LACK OF PAYMENT YIELD.— 

14 (1) ESTABLISHMENT BY SECRETARY.—If no 

15 payment yield is otherwise established for a farm for 

16 which a covered commodity is planted and eligible to 

17 receive price loss coverage payments, the Secretary 

18 shall establish an appropriate payment yield for the 

19 covered commodity on the farm under paragraph 

20 (2). 

21 (2) USE OF SIMILARLY SITUATED FARMS.—To 

22 establish an appropriate payment yield for a covered 

23 commodity on a farm as required by paragraph (1), 

24 the Secretary shall take into consideration the farm 

25 program payment yields applicable to that covered 


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1 commodity for similarly situated farms. The use of 

2 such data in an appeal, by the Secretary or by the 

3 producer, shall not be subject to any other provision 

4 of law. 

5 (d) SINGLE OPPORTUNITY TO UPDATE YIELDS

6 USED TO DETERMINE PRICE LOSS COVERAGE PAY7 MENTS.— 

8 (1) ELECTION TO UPDATE.—At the sole discre9 tion of the owner of a farm, the owner of a farm 

10 shall have a 1-time opportunity to update the pay11 ment yields on a covered commodity-by-covered-com12 modity basis that would otherwise be used in calcu13 lating any price loss coverage payment for covered 

14 commodities on the farm. 

15 (2) TIME FOR ELECTION.—The election under 

16 paragraph (1) shall be made at a time and manner 

17 to be in effect for the 2014 crop year as determined 

18 by the Secretary. 

19 (3) METHOD OF UPDATING YIELDS.—If the 

20 owner of a farm elects to update yields under this 

21 subsection, the payment yield for a covered com22 modity on the farm, for the purpose of calculating 

23 price loss coverage payments only, shall be equal to 

24 90 percent of the average of the yield per planted 

25 acre for the crop of the covered commodity on the 


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1 farm for the 2008 through 2012 crop years, as de2 termined by the Secretary, excluding any crop year 

3 in which the acreage planted to the crop of the cov4 ered commodity was zero. 

5 (4) USE OF COUNTY AVERAGE YIELD.—If the 

6 yield per planted acre for a crop of the covered com7 modity for a farm for any of the 2008 through 2012 

8 crop years was less than 75 percent of the average 

9 of the 2008 through 2012 county yield for that com10 modity, the Secretary shall assign a yield for that 

11 crop year equal to 75 percent of the average of the 

12 2008 through 2012 county yield for the purposes of 

13 determining the average yield under paragraph (3). 

14 (5) EFFECT OF LACK OF PAYMENT YIELD.— 

15 (A) ESTABLISHMENT BY SECRETARY.— 

16 For purposes of this subsection, if no payment 

17 yield is otherwise established for a covered com18 modity on a farm, the Secretary shall establish 

19 an appropriate updated payment yield for the 

20 covered commodity on the farm under subpara21 graph (B). 

22 (B) USE OF SIMILARLY SITUATED

23 FARMS.—To establish an appropriate payment 

24 yield for a covered commodity on a farm as re25 quired by subparagraph (A), the Secretary shall 


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1 take into consideration the farm program pay2 ment yields applicable to that covered com3 modity for similarly situated farms. The use of 

4 such data in an appeal, by the Secretary or by 

5 the producer, shall not be subject to any other 

6 provision of law. 

7 SEC. 1107. FARM RISK MANAGEMENT ELECTION. 

8 (a) IN GENERAL.— 

9 (1) PAYMENTS REQUIRED.—Except as provided 

10 in paragraph (2), if the Secretary determines that 

11 payments are required under subsection (b)(1) or 

12 (c)(2) for a covered commodity, the Secretary shall 

13 make payments for that covered commodity available 

14 under such subsection to producers on a farm pursu15 ant to the terms and conditions of this section. 

16 (2) PROHIBITION ON PAYMENTS; EXCEP17 TIONS.—Notwithstanding any other provision of this 

18 title, a producer on a farm may not receive price loss 

19 coverage payments or revenue loss coverage pay20 ments if the sum of the planted acres of covered 

21 commodities on the farm is 10 acres or less, as de22 termined by the Secretary, unless the producer is— 

23 (A) a socially disadvantaged farmer or 

24 rancher (as defined in section 355(e) of the 


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1 Consolidated Farm and Rural Development Act 

2 (7 U.S.C. 2003(e))); or 

3 (B) a limited resource farmer or rancher, 

4 as defined by the Secretary. 

5 (b) PRICE LOSS COVERAGE.— 

6 (1) PAYMENTS.—For the 2014 crop year and 

7 each succeeding crop year, the Secretary shall make 

8 price loss coverage payments to producers on a farm 

9 for a covered commodity if the Secretary determines 

10 that— 

11 (A) the effective price for the covered com12 modity for the crop year; is less than 

13 (B) the reference price for the covered 

14 commodity for the crop year. 

15 (2) EFFECTIVE PRICE.—The effective price for 

16 a covered commodity for a crop year shall be the 

17 higher of— 

18 (A) the midseason price; or 

19 (B) the national average loan rate for a 

20 marketing assistance loan for the covered com21 modity in effect for such crop year under sub22 title B. 

23 (3) PAYMENT RATE.—The payment rate shall 

24 be equal to the difference between— 


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1 (A) the reference price for the covered 

2 commodity; and 

3 (B) the effective price determined under 

4 paragraph (2) for the covered commodity. 

5 (4) PAYMENT AMOUNT.—If price loss coverage 

6 payments are required to be provided under this 

7 subsection for the 2014 crop year or any succeding 

8 crop year for a covered commodity, the amount of 

9 the price loss coverage payment to be paid to the 

10 producers on a farm for the crop year shall be equal 

11 to the product obtained by multiplying— 

12 (A) the payment rate for the covered com13 modity under paragraph (3); 

14 (B) the payment yield for the covered com15 modity; and 

16 (C) the payment acres for the covered com17 modity. 

18 (5) TIME FOR PAYMENTS.—If the Secretary de19 termines under this subsection that price loss cov20 erage payments are required to be provided for the 

21 covered commodity, the payments shall be made be22 ginning October 1, or as soon as practicable there23 after, after the end of the applicable marketing year 

24 for the covered commodity. 


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1 (6) SPECIAL RULE FOR BARLEY.—In deter2 mining the effective price for barley in paragraph 

3 (2), the Secretary shall use the all-barley price. 

4 (7) SPECIAL RULE FOR TEMPERATE JAPONICA

5 RICE.—The Secretary shall provide a reference price 

6 with respect to temperate japonica rice in an amount 

7 equal to 115 percent of the amount established in 

8 subparagraphs (F) and (G) of section 1104(16) in 

9 order to reflect price premiums. 

10 (c) REVENUE LOSS COVERAGE.— 

11 (1) AVAILABLE AS AN ALTERNATIVE.—As an 

12 alternative to receiving price loss coverage payments 

13 under subsection (b) for a covered commodity, all of 

14 the owners of the farm may make a one-time, irrev15 ocable election on a covered commodity-by-covered16 commodity basis to receive revenue loss coverage 

17 payments for each covered commodity in accordance 

18 with this subsection. If any of the owners of the 

19 farm make different elections on the same covered 

20 commodity on the farm, all of the owners of the 

21 farm shall be deemed to have not made the election 

22 available under this paragraph. 

23 (2) PAYMENTS.—In the case of owners of a 

24 farm that make the election described in paragraph 

25 (1) for a covered commodity, the Secretary shall 


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1 make revenue loss coverage payments available 

2 under this subsection for the 2014 crop year and 

3 each succeeding crop year if the Secretary deter4 mines that— 

5 (A) the actual county revenue for the crop 

6 year for the covered commodity; is less than 

7 (B) the county revenue loss coverage trig8 ger for the crop year for the covered com9 modity. 

10 (3) TIME FOR PAYMENTS.—If the Secretary de11 termines under this subsection that revenue loss cov12 erage payments are required to be provided for the 

13 covered commodity, payments shall be made begin14 ning October 1, or as soon as practicable thereafter, 

15 after the end of the applicable marketing year for 

16 the covered commodity. 

17 (4) ACTUAL COUNTY REVENUE.—The amount 

18 of the actual county revenue for a crop year of a 

19 covered commodity shall be equal to the product ob20 tained by multiplying— 

21 (A) the actual county yield, as determined 

22 by the Secretary, for each planted acre for the 

23 crop year for the covered commodity; and 

24 (B) the higher of— 

25 (i) the midseason price; or 


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1 (ii) the national average loan rate for 

2 a marketing assistance loan for the covered 

3 commodity in effect for such crop year 

4 under subtitle B. 

5 (5) COUNTY REVENUE LOSS COVERAGE TRIG6 GER.— 

7 (A) IN GENERAL.—The county revenue 

8 loss coverage trigger for a crop year for a cov9 ered commodity on a farm shall equal 85 per10 cent of the benchmark county revenue. 

11 (B) BENCHMARK COUNTY REVENUE.— 

12 (i) IN GENERAL.—The benchmark 

13 county revenue shall be the product ob14 tained by multiplying— 

15 (I) subject to clause (ii), the av16 erage historical county yield as deter17 mined by the Secretary for the most 

18 recent 5 crop years, excluding each of 

19 the crop years with the highest and 

20 lowest yields; and 

21 (II) subject to clause (iii), the av22 erage national marketing year average 

23 price for the most recent 5 crop years, 

24 excluding each of the crop years with 

25 the highest and lowest prices. 


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1 (ii) YIELD CONDITIONS.—If the his2 torical county yield in clause (i)(I) for any 

3 of the 5 most recent crop years, as deter4 mined by the Secretary, is less than 70 

5 percent of the transitional yield, as deter6 mined by the Secretary, the amounts used 

7 for any of those years in clause (i)(I) shall 

8 be 70 percent of the transitional yield. 

9 (iii) REFERENCE PRICE.—If the na10 tional marketing year average price in 

11 clause (i)(II) for any of the 5 most recent 

12 crop years is lower than the reference price 

13 for the covered commodity, the Secretary 

14 shall use the reference price for any of 

15 those years for the amounts in clause 

16 (i)(II). 

17 (6) PAYMENT RATE.—The payment rate shall 

18 be equal to the lesser of— 

19 (A) the difference between— 

20 (i) the county revenue loss coverage 

21 trigger for the covered commodity; and 

22 (ii) the actual county revenue for the 

23 crop year for the covered commodity; or 


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1 (B) 10 percent of the benchmark county 

2 revenue for the crop year for the covered com3 modity. 

4 (7) PAYMENT AMOUNT.—If revenue loss cov5 erage payments under this subsection are required 

6 to be provided for the 2014 crop year or any suc7 ceeding crop year of a covered commodity, the 

8 amount of the revenue loss coverage payment to be 

9 provided to the producers on a farm for the crop 

10 year shall be equal to the product obtained by multi11 plying— 

12 (A) the payment rate under paragraph (6); 

13 and 

14 (B) the payment acres of the covered com15 modity on the farm. 

16 (8) DUTIES OF THE SECRETARY.—In providing 

17 revenue loss coverage payments under this sub18 section, the Secretary— 

19 (A) shall ensure that producers on a farm 

20 do not reconstitute the farm of the producers to 

21 void or change the election made under para22 graph (1); 

23 (B) to the maximum extent practicable, 

24 shall use all available information and analysis, 

25 including data mining, to check for anomalies 


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1 in the provision of revenue loss coverage pay2 ments; 

3 (C) to the maximum extent practicable, 

4 shall calculate a separate county revenue loss 

5 coverage trigger for irrigated and nonirrigated 

6 covered commodities and a separate actual 

7 county revenue for irrigated and nonirrigated 

8 covered commodities; 

9 (D) shall assign a benchmark county yield 

10 for each planted acre for the crop year for the 

11 covered commodity on the basis of the yield his12 tory of representative farms in the State, re13 gion, or crop reporting district, as determined 

14 by the Secretary, if— 

15 (i) the Secretary cannot establish the 

16 benchmark county yield for each planted 

17 acre for a crop year for a covered com18 modity in the county in accordance with 

19 paragraph (5); or 

20 (ii) the yield determined under para21 graph (5) is an unrepresentative average 

22 yield for the county (as determined by the 

23 Secretary); and 

24 (E) to the maximum extent practicable, 

25 shall ensure that in order to be eligible for a 


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1 payment under this subsection, the producers 

2 on the farm suffered an actual loss on the cov3 ered commodity for the crop year for which 

4 payment is sought. 

5 (d) ANNUAL REPORT.—The Secretary shall submit 

6 to the Committee on Agriculture of the House of Rep7 resentatives and the Committee on Agriculture, Nutrition, 

8 and Forestry of the Senate a report annually containing 

9 an evaluation of the impact of price loss coverage and rev10 enue loss coverage— 

11 (1) on the planting, production, price, and ex12 port of covered commodities; and 

13 (2) on the cost of each commodity program. 

14 (e) CAP ON TOTAL OBLIGATIONS AND EXPENDI15 TURES.—Notwithstanding any other provision of this sec16 tion, the total amount of price loss coverage payments and 

17 revenue loss coverage payments made under this section 

18 during the period of fiscal years 2014 through 2020 shall 

19 not exceed $16,956,500,000. Producer agreements re20 quired by section 1108 shall specifically state that pay21 ments made under this section shall be reduced as nec22 essary to comply with this subsection. 

23 SEC. 1108. PRODUCER AGREEMENTS. 

24 (a) COMPLIANCE WITH CERTAIN REQUIREMENTS.— 


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1 (1) REQUIREMENTS.—Before the producers on 

2 a farm may receive payments under this subtitle 

3 with respect to the farm, the producers shall agree, 

4 during the crop year for which the payments are 

5 made and in exchange for the payments— 

6 (A) to comply with applicable conservation 

7 requirements under subtitle B of title XII of 

8 the Food Security Act of 1985 (16 U.S.C. 3811 

9 et seq.); 

10 (B) to comply with applicable wetland pro11 tection requirements under subtitle C of title 

12 XII of that Act (16 U.S.C. 3821 et seq.); and 

13 (C) to effectively control noxious weeds 

14 and otherwise maintain the land in accordance 

15 with sound agricultural practices, as determined 

16 by the Secretary. 

17 (2) COMPLIANCE.—The Secretary may issue 

18 such rules as the Secretary considers necessary to 

19 ensure producer compliance with the requirements of 

20 paragraph (1). 

21 (3) MODIFICATION.—At the request of the 

22 transferee or owner, the Secretary may modify the 

23 requirements of this subsection if the modifications 

24 are consistent with the objectives of this subsection, 

25 as determined by the Secretary. 


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1 (b) TRANSFER OR CHANGE OF INTEREST IN

2 FARM.— 

3 (1) TERMINATION.— 

4 (A) IN GENERAL.—Except as provided in 

5 paragraph (2), a transfer of (or change in) the 

6 interest of the producers on a farm for which 

7 payments under this subtitle are provided shall 

8 result in the termination of the payments, un9 less the transferee or owner of the acreage 

10 agrees to assume all obligations under sub11 section (a). 

12 (B) EFFECTIVE DATE.—The termination 

13 shall take effect on the date determined by the 

14 Secretary. 

15 (2) EXCEPTION.—If a producer entitled to a 

16 payment under this subtitle dies, becomes incom17 petent, or is otherwise unable to receive the pay18 ment, the Secretary shall make the payment in ac19 cordance with rules issued by the Secretary. 

20 (c) ACREAGE REPORTS.—As a condition on the re21 ceipt of any benefits under this subtitle or subtitle B, the 

22 Secretary shall require producers on a farm to submit to 

23 the Secretary annual acreage reports with respect to all 

24 cropland on the farm. 


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1 (d) TENANTS AND SHARECROPPERS.—In carrying 

2 out this subtitle, the Secretary shall provide adequate safe3 guards to protect the interests of tenants and share4 croppers. 

5 (e) SHARING OF PAYMENTS.—The Secretary shall 

6 provide for the sharing of payments made under this sub7 title among the producers on a farm on a fair and equi8 table basis. 

9 Subtitle B—Marketing Loans 

10 SEC. 1201. AVAILABILITY OF NONRECOURSE MARKETING 

11 ASSISTANCE LOANS FOR LOAN COMMOD12 ITIES. 

13 (a) DEFINITION OF LOAN COMMODITY.—In this sub14 title, the term ‘‘loan commodity’’ means wheat, corn, grain 

15 sorghum, barley, oats, upland cotton, extra long staple 

16 cotton, long grain rice, medium grain rice, peanuts, soy17 beans, other oilseeds, graded wool, nongraded wool, mo18 hair, honey, dry peas, lentils, small chickpeas, and large 

19 chickpeas. 

20 (b) NONRECOURSE LOANS AVAILABLE.— 

21 (1) IN GENERAL.—For the 2014 crops and 

22 each succeeding annual crops of each loan com23 modity, the Secretary shall make available to pro24 ducers on a farm nonrecourse marketing assistance 

25 loans for loan commodities produced on the farm. 


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1 (2) TERMS AND CONDITIONS.—The marketing 

2 assistance loans shall be made under terms and con3 ditions that are prescribed by the Secretary and at 

4 the loan rate established under section 1202 for the 

5 loan commodity. 

6 (c) ELIGIBLE PRODUCTION.—The producers on a 

7 farm shall be eligible for a marketing assistance loan 

8 under subsection (b) for any quantity of a loan commodity 

9 produced on the farm. 

10 (d) COMPLIANCE WITH CONSERVATION AND WET11 LANDS REQUIREMENTS.—As a condition of the receipt of 

12 a marketing assistance loan under subsection (b), the pro13 ducer shall comply with applicable conservation require14 ments under subtitle B of title XII of the Food Security 

15 Act of 1985 (16 U.S.C. 3811 et seq.) and applicable wet16 land protection requirements under subtitle C of title XII 

17 of that Act (16 U.S.C. 3821 et seq.) during the term of 

18 the loan. 

19 (e) SPECIAL RULES FOR PEANUTS.— 

20 (1) IN GENERAL.—This subsection shall apply 

21 only to producers of peanuts. 

22 (2) OPTIONS FOR OBTAINING LOAN.—A mar23 keting assistance loan under this section, and loan 

24 deficiency payments under section 1205, may be obVerDate Mar 15 2010 21:18 Jul 16, 2013 Jkt 029200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\H2642.PCS H2642

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1 tained at the option of the producers on a farm 

2 through— 

3 (A) a designated marketing association or 

4 marketing cooperative of producers that is ap5 proved by the Secretary; or 

6 (B) the Farm Service Agency. 

7 (3) STORAGE OF LOAN PEANUTS.—As a condi8 tion on the approval by the Secretary of an indi9 vidual or entity to provide storage for peanuts for 

10 which a marketing assistance loan is made under 

11 this section, the individual or entity shall agree— 

12 (A) to provide the storage on a nondiscrim13 inatory basis; and 

14 (B) to comply with such additional require15 ments as the Secretary considers appropriate to 

16 accomplish the purposes of this section and pro17 mote fairness in the administration of the bene18 fits of this section. 

19 (4) STORAGE, HANDLING, AND ASSOCIATED

20 COSTS.— 

21 (A) IN GENERAL.—To ensure proper stor22 age of peanuts for which a loan is made under 

23 this section, the Secretary shall pay handling 

24 and other associated costs (other than storage 

25 costs) incurred at the time at which the peanuts 


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1 are placed under loan, as determined by the 

2 Secretary. 

3 (B) REDEMPTION AND FORFEITURE.—The 

4 Secretary shall— 

5 (i) require the repayment of handling 

6 and other associated costs paid under sub7 paragraph (A) for all peanuts pledged as 

8 collateral for a loan that is redeemed under 

9 this section; and 

10 (ii) pay storage, handling, and other 

11 associated costs for all peanuts pledged as 

12 collateral that are forfeited under this sec13 tion. 

14 (5) MARKETING.—A marketing association or 

15 cooperative may market peanuts for which a loan is 

16 made under this section in any manner that con17 forms to consumer needs, including the separation of 

18 peanuts by type and quality. 

19 (6) REIMBURSABLE AGREEMENTS AND PAY20 MENT OF ADMINISTRATIVE EXPENSES.—The Sec21 retary may implement any reimbursable agreements 

22 or provide for the payment of administrative ex23 penses under this subsection only in a manner that 

24 is consistent with those activities in regard to other 

25 loan commodities. 


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1 SEC. 1202. LOAN RATES FOR NONRECOURSE MARKETING 

2 ASSISTANCE LOANS. 

3 (a) IN GENERAL.—For purposes of the 2014 crop 

4 year and each succeeding crop year, the loan rate for a 

5 marketing assistance loan under section 1201 for a loan 

6 commodity shall be equal to the following: 

7 (1) In the case of wheat, $2.94 per bushel. 

8 (2) In the case of corn, $1.95 per bushel. 

9 (3) In the case of grain sorghum, $1.95 per 

10 bushel. 

11 (4) In the case of barley, $1.95 per bushel. 

12 (5) In the case of oats, $1.39 per bushel. 

13 (6) In the case of base quality of upland cotton, 

14 for the 2014 crop year and each succeeding crop 

15 year, the simple average of the adjusted prevailing 

16 world price for the 2 immediately preceding mar17 keting years, as determined by the Secretary and an18 nounced October 1 preceding the next domestic 

19 plantings, but in no case less than $0.47 per pound 

20 or more than $0.52 per pound. 

21 (7) In the case of extra long staple cotton, 

22 $0.7977 per pound. 

23 (8) In the case of long grain rice, $6.50 per 

24 hundredweight. 

25 (9) In the case of medium grain rice, $6.50 per 

26 hundredweight. 


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1 (10) In the case of soybeans, $5.00 per bushel. 

2 (11) In the case of other oilseeds, $10.09 per 

3 hundredweight for each of the following kinds of oil4 seeds: 

5 (A) Sunflower seed. 

6 (B) Rapeseed. 

7 (C) Canola. 

8 (D) Safflower. 

9 (E) Flaxseed. 

10 (F) Mustard seed. 

11 (G) Crambe. 

12 (H) Sesame seed. 

13 (I) Other oilseeds designated by the Sec14 retary. 

15 (12) In the case of dry peas, $5.40 per hun16 dredweight. 

17 (13) In the case of lentils, $11.28 per hundred18 weight. 

19 (14) In the case of small chickpeas, $7.43 per 

20 hundredweight. 

21 (15) In the case of large chickpeas, $11.28 per 

22 hundredweight. 

23 (16) In the case of graded wool, $1.15 per 

24 pound. 


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1 (17) In the case of nongraded wool, $0.40 per 

2 pound. 

3 (18) In the case of mohair, $4.20 per pound. 

4 (19) In the case of honey, $0.69 per pound. 

5 (20) In the case of peanuts, $355 per ton. 

6 (b) SINGLE COUNTY LOAN RATE FOR OTHER OIL7 SEEDS.—The Secretary shall establish a single loan rate 

8 in each county for each kind of other oilseeds described 

9 in subsection (a)(11). 

10 SEC. 1203. TERM OF LOANS. 

11 (a) TERM OF LOAN.—In the case of each loan com12 modity, a marketing assistance loan under section 1201 

13 shall have a term of 9 months beginning on the first day 

14 of the first month after the month in which the loan is 

15 made. 

16 (b) EXTENSIONS PROHIBITED.—The Secretary may 

17 not extend the term of a marketing assistance loan for 

18 any loan commodity. 

19 SEC. 1204. REPAYMENT OF LOANS. 

20 (a) GENERAL RULE.—The Secretary shall permit the 

21 producers on a farm to repay a marketing assistance loan 

22 under section 1201 for a loan commodity (other than up23 land cotton, long grain rice, medium grain rice, extra long 

24 staple cotton, peanuts and confectionery and each other 


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1 kind of sunflower seed (other than oil sunflower seed)) at 

2 a rate that is the lesser of— 

3 (1) the loan rate established for the commodity 

4 under section 1202, plus interest (determined in ac5 cordance with section 163 of the Federal Agriculture 

6 Improvement and Reform Act of 1996 (7 U.S.C. 

7 7283)); 

8 (2) a rate (as determined by the Secretary) 

9 that— 

10 (A) is calculated based on average market 

11 prices for the loan commodity during the pre12 ceding 30-day period; and 

13 (B) will minimize discrepancies in mar14 keting loan benefits across State boundaries 

15 and across county boundaries; or 

16 (3) a rate that the Secretary may develop using 

17 alternative methods for calculating a repayment rate 

18 for a loan commodity that the Secretary determines 

19 will— 

20 (A) minimize potential loan forfeitures; 

21 (B) minimize the accumulation of stocks of 

22 the commodity by the Federal Government; 

23 (C) minimize the cost incurred by the Fed24 eral Government in storing the commodity; 


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1 (D) allow the commodity produced in the 

2 United States to be marketed freely and com3 petitively, both domestically and internationally; 

4 and 

5 (E) minimize discrepancies in marketing 

6 loan benefits across State boundaries and 

7 across county boundaries. 

8 (b) REPAYMENT RATES FOR UPLAND COTTON, LONG

9 GRAIN RICE, AND MEDIUM GRAIN RICE.—The Secretary 

10 shall permit producers to repay a marketing assistance 

11 loan under section 1201 for upland cotton, long grain rice, 

12 and medium grain rice at a rate that is the lesser of— 

13 (1) the loan rate established for the commodity 

14 under section 1202, plus interest (determined in ac15 cordance with section 163 of the Federal Agriculture 

16 Improvement and Reform Act of 1996 (7 U.S.C. 

17 7283)); or 

18 (2) the prevailing world market price for the 

19 commodity, as determined and adjusted by the Sec20 retary in accordance with this section. 

21 (c) REPAYMENT RATES FOR EXTRA LONG STAPLE

22 COTTON.—Repayment of a marketing assistance loan for 

23 extra long staple cotton shall be at the loan rate estab24 lished for the commodity under section 1202, plus interest 

25 (determined in accordance with section 163 of the Federal 


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1 Agriculture Improvement and Reform Act of 1996 (7 

2 U.S.C. 7283)). 

3 (d) PREVAILING WORLD MARKET PRICE.—For pur4 poses of this section and section 1207, the Secretary shall 

5 prescribe by regulation— 

6 (1) a formula to determine the prevailing world 

7 market price for each of upland cotton, long grain 

8 rice, and medium grain rice; and 

9 (2) a mechanism by which the Secretary shall 

10 announce periodically those prevailing world market 

11 prices. 

12 (e) ADJUSTMENT OF PREVAILING WORLD MARKET

13 PRICE FOR UPLAND COTTON, LONG GRAIN RICE, AND

14 MEDIUM GRAIN RICE.— 

15 (1) RICE.—The prevailing world market price 

16 for long grain rice and medium grain rice deter17 mined under subsection (d) shall be adjusted to 

18 United States quality and location. 

19 (2) COTTON.—The prevailing world market 

20 price for upland cotton determined under subsection 

21 (d)— 

22 (A) shall be adjusted to United States 

23 quality and location, with the adjustment to in24 clude— 


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1 (i) a reduction equal to any United 

2 States Premium Factor for upland cotton 

3 of a quality higher than Middling (M) 

13 4 ⁄32-inch; and 

5 (ii) the average costs to market the 

6 commodity, including average transpor7 tation costs, as determined by the Sec8 retary; and 

9 (B) may be further adjusted, during the 

10 period beginning on the date of enactment of 

11 this Act and ending on July 31, 2019, if the 

12 Secretary determines the adjustment is nec13 essary— 

14 (i) to minimize potential loan forfeit15 ures; 

16 (ii) to minimize the accumulation of 

17 stocks of upland cotton by the Federal 

18 Government; 

19 (iii) to ensure that upland cotton pro20 duced in the United States can be mar21 keted freely and competitively, both domes22 tically and internationally; and 

23 (iv) to ensure an appropriate transi24 tion between current-crop and forward25 crop price quotations, except that the SecVerDate Mar 15 2010 21:18 Jul 16, 2013 Jkt 029200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\H2642.PCS H2642

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1 retary may use forward-crop price 

2 quotations prior to July 31 of a marketing 

3 year only if— 

4 (I) there are insufficient current5 crop price quotations; and 

6 (II) the forward-crop price 

7 quotation is the lowest such quotation 

8 available. 

9 (3) GUIDELINES FOR ADDITIONAL ADJUST10 MENTS.—In making adjustments under this sub11 section, the Secretary shall establish a mechanism 

12 for determining and announcing the adjustments in 

13 order to avoid undue disruption in the United States 

14 market. 

15 (f) REPAYMENT RATES FOR CONFECTIONERY AND

16 OTHER KINDS OF SUNFLOWER SEEDS.—The Secretary 

17 shall permit the producers on a farm to repay a marketing 

18 assistance loan under section 1201 for confectionery and 

19 each other kind of sunflower seed (other than oil sunflower 

20 seed) at a rate that is the lesser of— 

21 (1) the loan rate established for the commodity 

22 under section 1202, plus interest (determined in ac23 cordance with section 163 of the Federal Agriculture 

24 Improvement and Reform Act of 1996 (7 U.S.C. 

25 7283)); or 


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1 (2) the repayment rate established for oil sun2 flower seed. 

3 (g) PAYMENT OF COTTON STORAGE COSTS.—Effec4 tive for the 2014 crop year and each succeeding crop year, 

5 the Secretary shall make cotton storage payments avail6 able in the same manner, and at the same rates as the 

7 Secretary provided storage payments for the 2006 crop 

8 of cotton, except that the rates shall be reduced by 10 

9 percent. 

10 (h) REPAYMENT RATE FOR PEANUTS.—The Sec11 retary shall permit producers on a farm to repay a mar12 keting assistance loan for peanuts under section 1201 at 

13 a rate that is the lesser of— 

14 (1) the loan rate established for peanuts under 

15 section 1202(a)(20), plus interest (determined in ac16 cordance with section 163 of the Federal Agriculture 

17 Improvement and Reform Act of 1996 (7 U.S.C. 

18 7283)); or 

19 (2) a rate that the Secretary determines will— 

20 (A) minimize potential loan forfeitures; 

21 (B) minimize the accumulation of stocks of 

22 peanuts by the Federal Government; 

23 (C) minimize the cost incurred by the Fed24 eral Government in storing peanuts; and 


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1 (D) allow peanuts produced in the United 

2 States to be marketed freely and competitively, 

3 both domestically and internationally. 

4 (i) AUTHORITY TO TEMPORARILY ADJUST REPAY5 MENT RATES.— 

6 (1) ADJUSTMENT AUTHORITY.—In the event of 

7 a severe disruption to marketing, transportation, or 

8 related infrastructure, the Secretary may modify the 

9 repayment rate otherwise applicable under this sec10 tion for marketing assistance loans under section 

11 1201 for a loan commodity. 

12 (2) DURATION.—Any adjustment made under 

13 paragraph (1) in the repayment rate for marketing 

14 assistance loans for a loan commodity shall be in ef15 fect on a short-term and temporary basis, as deter16 mined by the Secretary. 

17 SEC. 1205. LOAN DEFICIENCY PAYMENTS. 

18 (a) AVAILABILITY OF LOAN DEFICIENCY PAY19 MENTS.— 

20 (1) IN GENERAL.—Except as provided in sub21 section (d), the Secretary may make loan deficiency 

22 payments available to producers on a farm that, al23 though eligible to obtain a marketing assistance loan 

24 under section 1201 with respect to a loan com25 modity, agree to forgo obtaining the loan for the 


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1 commodity in return for loan deficiency payments 

2 under this section. 

3 (2) UNSHORN PELTS, HAY, AND SILAGE.— 

4 (A) MARKETING ASSISTANCE LOANS.— 

5 Subject to subparagraph (B), nongraded wool 

6 in the form of unshorn pelts and hay and silage 

7 derived from a loan commodity are not eligible 

8 for a marketing assistance loan under section 

9 1201. 

10 (B) LOAN DEFICIENCY PAYMENT.—Effec11 tive for the 2014 crop year and each succeeding 

12 crop year, the Secretary may make loan defi13 ciency payments available under this section to 

14 producers on a farm that produce unshorn pelts 

15 or hay and silage derived from a loan com16 modity. 

17 (b) COMPUTATION.—A loan deficiency payment for a 

18 loan commodity or commodity referred to in subsection 

19 (a)(2) shall be equal to the product obtained by multi20 plying— 

21 (1) the payment rate determined under sub22 section (c) for the commodity; by 

23 (2) the quantity of the commodity produced by 

24 the eligible producers, excluding any quantity for 


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1 which the producers obtain a marketing assistance 

2 loan under section 1201. 

3 (c) PAYMENT RATE.— 

4 (1) IN GENERAL.—In the case of a loan com5 modity, the payment rate shall be the amount by 

6 which— 

7 (A) the loan rate established under section 

8 1202 for the loan commodity; exceeds 

9 (B) the rate at which a marketing assist10 ance loan for the loan commodity may be repaid 

11 under section 1204. 

12 (2) UNSHORN PELTS.—In the case of unshorn 

13 pelts, the payment rate shall be the amount by 

14 which— 

15 (A) the loan rate established under section 

16 1202 for ungraded wool; exceeds 

17 (B) the rate at which a marketing assist18 ance loan for ungraded wool may be repaid 

19 under section 1204. 

20 (3) HAY AND SILAGE.—In the case of hay or si21 lage derived from a loan commodity, the payment 

22 rate shall be the amount by which— 

23 (A) the loan rate established under section 

24 1202 for the loan commodity from which the 

25 hay or silage is derived; exceeds 


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1 (B) the rate at which a marketing assist2 ance loan for the loan commodity may be repaid 

3 under section 1204. 

4 (d) EXCEPTION FOR EXTRA LONG STAPLE COT5 TON.—This section shall not apply with respect to extra 

6 long staple cotton. 

7 (e) EFFECTIVE DATE FOR PAYMENT RATE DETER8 MINATION.—The Secretary shall determine the amount of 

9 the loan deficiency payment to be made under this section 

10 to the producers on a farm with respect to a quantity of 

11 a loan commodity or commodity referred to in subsection 

12 (a)(2) using the payment rate in effect under subsection 

13 (c) as of the date the producers request the payment. 

14 SEC. 1206. PAYMENTS IN LIEU OF LOAN DEFICIENCY PAY15 MENTS FOR GRAZED ACREAGE. 

16 (a) ELIGIBLE PRODUCERS.— 

17 (1) IN GENERAL.—Effective for the 2014 crop 

18 year and each succeeding crop year, in the case of 

19 a producer that would be eligible for a loan defi20 ciency payment under section 1205 for wheat, bar21 ley, or oats, but that elects to use acreage planted 

22 to the wheat, barley, or oats for the grazing of live23 stock, the Secretary shall make a payment to the 

24 producer under this section if the producer enters 

25 into an agreement with the Secretary to forgo any 


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1 other harvesting of the wheat, barley, or oats on 

2 that acreage. 

3 (2) GRAZING OF TRITICALE ACREAGE.—Effec4 tive for the 2014 crop year and each succeeding crop 

5 year, with respect to a producer on a farm that uses 

6 acreage planted to triticale for the grazing of live7 stock, the Secretary shall make a payment to the 

8 producer under this section if the producer enters 

9 into an agreement with the Secretary to forgo any 

10 other harvesting of triticale on that acreage. 

11 (b) PAYMENT AMOUNT.— 

12 (1) IN GENERAL.—The amount of a payment 

13 made under this section to a producer on a farm de14 scribed in subsection (a)(1) shall be equal to the 

15 amount determined by multiplying— 

16 (A) the loan deficiency payment rate deter17 mined under section 1205(c) in effect, as of the 

18 date of the agreement, for the county in which 

19 the farm is located; by 

20 (B) the payment quantity determined by 

21 multiplying— 

22 (i) the quantity of the grazed acreage 

23 on the farm with respect to which the pro24 ducer elects to forgo harvesting of wheat, 

25 barley, or oats; and 


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1 (ii)(I) the payment yield in effect for 

2 the calculation of price loss coverage under 

3 subtitle A with respect to that loan com4 modity on the farm; or 

5 (II) in the case of a farm without a 

6 payment yield for that loan commodity, an 

7 appropriate yield established by the Sec8 retary in a manner consistent with section 

9 1106(c) of this Act. 

10 (2) GRAZING OF TRITICALE ACREAGE.—The 

11 amount of a payment made under this section to a 

12 producer on a farm described in subsection (a)(2) 

13 shall be equal to the amount determined by multi14 plying— 

15 (A) the loan deficiency payment rate deter16 mined under section 1205(c) in effect for 

17 wheat, as of the date of the agreement, for the 

18 county in which the farm is located; by 

19 (B) the payment quantity determined by 

20 multiplying— 

21 (i) the quantity of the grazed acreage 

22 on the farm with respect to which the pro23 ducer elects to forgo harvesting of triticale; 

24 and 


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1 (ii)(I) the payment yield in effect for 

2 the calculation of price loss coverage under 

3 subtitle A with respect to wheat on the 

4 farm; or 

5 (II) in the case of a farm without a 

6 payment yield for wheat, an appropriate 

7 yield established by the Secretary in a 

8 manner consistent with section 1106(c) of 

9 this Act. 

10 (c) TIME, MANNER, AND AVAILABILITY OF PAY11 MENT.— 

12 (1) TIME AND MANNER.—A payment under this 

13 section shall be made at the same time and in the 

14 same manner as loan deficiency payments are made 

15 under section 1205. 

16 (2) AVAILABILITY.— 

17 (A) IN GENERAL.—The Secretary shall es18 tablish an availability period for the payments 

19 authorized by this section. 

20 (B) CERTAIN COMMODITIES.—In the case 

21 of wheat, barley, and oats, the availability pe22 riod shall be consistent with the availability pe23 riod for the commodity established by the Sec24 retary for marketing assistance loans author25 ized by this subtitle. 


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1 (d) PROHIBITION ON CROP INSURANCE INDEMNITY

2 OR NONINSURED CROP ASSISTANCE.—A 2014 crop or 

3 succeeding annual crop of wheat, barley, oats, or triticale 

4 planted on acreage that a producer elects, in the agree5 ment required by subsection (a), to use for the grazing 

6 of livestock in lieu of any other harvesting of the crop shall 

7 not be eligible for an indemnity under a policy or plan 

8 of insurance authorized under the Federal Crop Insurance 

9 Act (7 U.S.C. 1501 et seq.) or noninsured crop assistance 

10 under section 196 of the Federal Agriculture Improvement 

11 and Reform Act of 1996 (7 U.S.C. 7333). 

12 SEC. 1207. SPECIAL MARKETING LOAN PROVISIONS FOR 

13 UPLAND COTTON. 

14 (a) SPECIAL IMPORT QUOTA.— 

15 (1) DEFINITION OF SPECIAL IMPORT QUOTA.— 

16 In this subsection, the term ‘‘special import quota’’ 

17 means a quantity of imports that is not subject to 

18 the over-quota tariff rate of a tariff-rate quota. 

19 (2) ESTABLISHMENT.— 

20 (A) IN GENERAL.—The President shall 

21 carry out an import quota program beginning 

22 on August 1, 2014, as provided in this sub23 section. 

24 (B) PROGRAM REQUIREMENTS.—Whenever 

25 the Secretary determines and announces that 


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1 for any consecutive 4-week period, the Friday 

2 through Thursday average price quotation for 

3 the lowest-priced United States growth, as 

quoted for Middling (M) 13 4 ⁄32-inch cotton, deliv5 ered to a definable and significant international 

6 market, as determined by the Secretary, ex7 ceeds the prevailing world market price, there 

8 shall immediately be in effect a special import 

9 quota. 

10 (3) QUANTITY.—The quota shall be equal to 

11 the consumption during a 1-week period of cotton by 

12 domestic mills at the seasonally adjusted average 

13 rate of the most recent 3 months for which official 

14 data of the Department of Agriculture are available 

15 or, in the absence of sufficient data, as estimated by 

16 the Secretary. 

17 (4) APPLICATION.—The quota shall apply to 

18 upland cotton purchased not later than 90 days 

19 after the date of the Secretary’s announcement 

20 under paragraph (2) and entered into the United 

21 States not later than 180 days after that date. 

22 (5) OVERLAP.—A special quota period may be 

23 established that overlaps any existing quota period if 

24 required by paragraph (2), except that a special 

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1 section if a quota period has been established under 

2 subsection (b). 

3 (6) PREFERENTIAL TARIFF TREATMENT.—The 

4 quantity under a special import quota shall be con5 sidered to be an in-quota quantity for purposes of— 

6 (A) section 213(d) of the Caribbean Basin 

7 Economic Recovery Act (19 U.S.C. 2703(d)); 

8 (B) section 204 of the Andean Trade Pref9 erence Act (19 U.S.C. 3203); 

10 (C) section 503(d) of the Trade Act of 

11 1974 (19 U.S.C. 2463(d)); and 

12 (D) General Note 3(a)(iv) to the Har13 monized Tariff Schedule. 

14 (7) LIMITATION.—The quantity of cotton en15 tered into the United States during any marketing 

16 year under the special import quota established 

17 under this subsection may not exceed the equivalent 

18 of 10 weeks’ consumption of upland cotton by do19 mestic mills at the seasonally adjusted average rate 

20 of the 3 months immediately preceding the first spe21 cial import quota established in any marketing year. 

22 (b) LIMITED GLOBAL IMPORT QUOTA FOR UPLAND

23 COTTON.— 

24 (1) DEFINITIONS.—In this subsection: 


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1 (A) DEMAND.—The term ‘‘demand’’ 

2 means— 

3 (i) the average seasonally adjusted an4 nual rate of domestic mill consumption of 

5 cotton during the most recent 3 months 

6 for which official data of the Department 

7 of Agriculture are available or, in the ab8 sence of sufficient data, as estimated by 

9 the Secretary; and 

10 (ii) the larger of— 

11 (I) average exports of upland cot12 ton during the preceding 6 marketing 

13 years; or 

14 (II) cumulative exports of upland 

15 cotton plus outstanding export sales 

16 for the marketing year in which the 

17 quota is established. 

18 (B) LIMITED GLOBAL IMPORT QUOTA.— 

19 The term ‘‘limited global import quota’’ means 

20 a quantity of imports that is not subject to the 

21 over-quota tariff rate of a tariff-rate quota. 

22 (C) SUPPLY.—The term ‘‘supply’’ means, 

23 using the latest official data of the Department 

24 of Agriculture— 


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1 (i) the carry-over of upland cotton at 

2 the beginning of the marketing year (ad3 justed to 480-pound bales) in which the 

4 quota is established; 

5 (ii) production of the current crop; 

6 and 

7 (iii) imports to the latest date avail8 able during the marketing year. 

9 (2) PROGRAM.—The President shall carry out 

10 an import quota program that provides that when11 ever the Secretary determines and announces that 

12 the average price of the base quality of upland cot13 ton, as determined by the Secretary, in the des14 ignated spot markets for a month exceeded 130 per15 cent of the average price of the quality of cotton in 

16 the markets for the preceding 36 months, notwith17 standing any other provision of law, there shall im18 mediately be in effect a limited global import quota 

19 subject to the following conditions: 

20 (A) QUANTITY.—The quantity of the quota 

21 shall be equal to 21 days of domestic mill con22 sumption of upland cotton at the seasonally ad23 justed average rate of the most recent 3 months 

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1 riculture are available or, in the absence of suf2 ficient data, as estimated by the Secretary. 

3 (B) QUANTITY IF PRIOR QUOTA.—If a 

4 quota has been established under this sub5 section during the preceding 12 months, the 

6 quantity of the quota next established under 

7 this subsection shall be the smaller of 21 days 

8 of domestic mill consumption calculated under 

9 subparagraph (A) or the quantity required to 

10 increase the supply to 130 percent of the de11 mand. 

12 (C) PREFERENTIAL TARIFF TREAT13 MENT.—The quantity under a limited global 

14 import quota shall be considered to be an in15 quota quantity for purposes of— 

16 (i) section 213(d) of the Caribbean 

17 Basin Economic Recovery Act (19 U.S.C. 

18 2703(d)); 

19 (ii) section 204 of the Andean Trade 

20 Preference Act (19 U.S.C. 3203); 

21 (iii) section 503(d) of the Trade Act 

22 of 1974 (19 U.S.C. 2463(d)); and 

23 (iv) General Note 3(a)(iv) to the Har24 monized Tariff Schedule. 


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1 (D) QUOTA ENTRY PERIOD.—When a 

2 quota is established under this subsection, cot3 ton may be entered under the quota during the 

4 90-day period beginning on the date the quota 

5 is established by the Secretary. 

6 (3) NO OVERLAP.—Notwithstanding paragraph 

7 (2), a quota period may not be established that over8 laps an existing quota period or a special quota pe9 riod established under subsection (a). 

10 (c) ECONOMIC ADJUSTMENT ASSISTANCE TO USERS

11 OF UPLAND COTTON.— 

12 (1) IN GENERAL.—Subject to paragraph (2), 

13 the Secretary shall, on a monthly basis, make eco14 nomic adjustment assistance available to domestic 

15 users of upland cotton in the form of payments for 

16 all documented use of that upland cotton during the 

17 previous monthly period regardless of the origin of 

18 the upland cotton. 

19 (2) VALUE OF ASSISTANCE.—Effective begin20 ning on August 1, 2013, the value of the assistance 

21 provided under paragraph (1) shall be 3 cents per 

22 pound. 

23 (3) ALLOWABLE PURPOSES.—Economic adjust24 ment assistance under this subsection shall be made 

25 available only to domestic users of upland cotton 


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1 that certify that the assistance shall be used only to 

2 acquire, construct, install, modernize, develop, con3 vert, or expand land, plant, buildings, equipment, fa4 cilities, or machinery. 

5 (4) REVIEW OR AUDIT.—The Secretary may 

6 conduct such review or audit of the records of a do7 mestic user under this subsection as the Secretary 

8 determines necessary to carry out this subsection. 

9 (5) IMPROPER USE OF ASSISTANCE.—If the 

10 Secretary determines, after a review or audit of the 

11 records of the domestic user, that economic adjust12 ment assistance under this subsection was not used 

13 for the purposes specified in paragraph (3), the do14 mestic user shall be— 

15 (A) liable for the repayment of the assist16 ance to the Secretary, plus interest, as deter17 mined by the Secretary; and 

18 (B) ineligible to receive assistance under 

19 this subsection for a period of 1 year following 

20 the determination of the Secretary. 

21 SEC. 1208. SPECIAL COMPETITIVE PROVISIONS FOR EXTRA 

22 LONG STAPLE COTTON. 

23 (a) COMPETITIVENESS PROGRAM.—Notwithstanding 

24 any other provision of law, the Secretary shall carry out 

25 a program— 


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1 (1) to maintain and expand the domestic use of 

2 extra long staple cotton produced in the United 

3 States; 

4 (2) to increase exports of extra long staple cot5 ton produced in the United States; and 

6 (3) to ensure that extra long staple cotton pro7 duced in the United States remains competitive in 

8 world markets. 

9 (b) PAYMENTS UNDER PROGRAM; TRIGGER.—Under 

10 the program, the Secretary shall make payments available 

11 under this section whenever— 

12 (1) for a consecutive 4-week period, the world 

13 market price for the lowest priced competing growth 

14 of extra long staple cotton (adjusted to United 

15 States quality and location and for other factors af16 fecting the competitiveness of such cotton), as deter17 mined by the Secretary, is below the prevailing 

18 United States price for a competing growth of extra 

19 long staple cotton; and 

20 (2) the lowest priced competing growth of extra 

21 long staple cotton (adjusted to United States quality 

22 and location and for other factors affecting the com23 petitiveness of such cotton), as determined by the 

24 Secretary, is less than 134 percent of the loan rate 

25 for extra long staple cotton. 


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1 (c) ELIGIBLE RECIPIENTS.—The Secretary shall 

2 make payments available under this section to domestic 

3 users of extra long staple cotton produced in the United 

4 States and exporters of extra long staple cotton produced 

5 in the United States that enter into an agreement with 

6 the Commodity Credit Corporation to participate in the 

7 program under this section. 

8 (d) PAYMENT AMOUNT.—Payments under this sec9 tion shall be based on the amount of the difference in the 

10 prices referred to in subsection (b)(1) during the fourth 

11 week of the consecutive 4-week period multiplied by the 

12 amount of documented purchases by domestic users and 

13 sales for export by exporters made in the week following 

14 such a consecutive 4-week period. 

15 SEC. 1209. AVAILABILITY OF RECOURSE LOANS FOR HIGH 

16 MOISTURE FEED GRAINS AND SEED COTTON. 

17 (a) HIGH MOISTURE FEED GRAINS.— 

18 (1) DEFINITION OF HIGH MOISTURE STATE.— 

19 In this subsection, the term ‘‘high moisture state’’ 

20 means corn or grain sorghum having a moisture con21 tent in excess of Commodity Credit Corporation 

22 standards for marketing assistance loans made by 

23 the Secretary under section 1201. 

24 (2) RECOURSE LOANS AVAILABLE.—For the 

25 2014 crop and each succeeding annual crop of corn 


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1 and grain sorghum, the Secretary shall make avail2 able recourse loans, as determined by the Secretary, 

3 to producers on a farm that— 

4 (A) normally harvest all or a portion of 

5 their crop of corn or grain sorghum in a high 

6 moisture state; 

7 (B) present— 

8 (i) certified scale tickets from an in9 spected, certified commercial scale, includ10 ing a licensed warehouse, feedlot, feed mill, 

11 distillery, or other similar entity approved 

12 by the Secretary, pursuant to regulations 

13 issued by the Secretary; or 

14 (ii) field or other physical measure15 ments of the standing or stored crop in re16 gions of the United States, as determined 

17 by the Secretary, that do not have certified 

18 commercial scales from which certified 

19 scale tickets may be obtained within rea20 sonable proximity of harvest operation; 

21 (C) certify that the producers on the farm 

22 were the owners of the feed grain at the time 

23 of delivery to, and that the quantity to be 

24 placed under loan under this subsection was in 

25 fact harvested on the farm and delivered to, a 


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1 feedlot, feed mill, or commercial or on-farm 

2 high-moisture storage facility, or to a facility 

3 maintained by the users of corn and grain sor4 ghum in a high moisture state; and 

5 (D) comply with deadlines established by 

6 the Secretary for harvesting the corn or grain 

7 sorghum and submit applications for loans 

8 under this subsection within deadlines estab9 lished by the Secretary. 

10 (3) ELIGIBILITY OF ACQUIRED FEED GRAINS.— 

11 A loan under this subsection shall be made on a 

12 quantity of corn or grain sorghum of the same crop 

13 acquired by the producer equivalent to a quantity 

14 determined by multiplying— 

15 (A) the acreage of the corn or grain sor16 ghum in a high moisture state harvested on the 

17 farm of the producer; by 

18 (B) the lower of the farm program pay19 ment yield used to make payments under sub20 title A or the actual yield on a field, as deter21 mined by the Secretary, that is similar to the 

22 field from which the corn or grain sorghum was 

23 obtained. 

24 (b) RECOURSE LOANS AVAILABLE FOR SEED COT25 TON.—For the 2014 crop and each succeeding annual 


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1 crop of upland cotton and extra long staple cotton, the 

2 Secretary shall make available recourse seed cotton loans, 

3 as determined by the Secretary, on any production. 

4 (c) REPAYMENT RATES.—Repayment of a recourse 

5 loan made under this section shall be at the loan rate es6 tablished for the commodity by the Secretary, plus interest 

7 (determined in accordance with section 163 of the Federal 

8 Agriculture Improvement and Reform Act of 1996 (7 

9 U.S.C. 7283)). 

10 SEC. 1210. ADJUSTMENTS OF LOANS. 

11 (a) ADJUSTMENT AUTHORITY.—Subject to sub12 section (e), the Secretary may make appropriate adjust13 ments in the loan rates for any loan commodity (other 

14 than cotton) for differences in grade, type, quality, loca15 tion, and other factors. 

16 (b) MANNER OF ADJUSTMENT.—The adjustments 

17 under subsection (a) shall, to the maximum extent prac18 ticable, be made in such a manner that the average loan 

19 level for the commodity will, on the basis of the anticipated 

20 incidence of the factors, be equal to the level of support 

21 determined in accordance with this subtitle and subtitle 

22 C. 

23 (c) ADJUSTMENT ON COUNTY BASIS.— 

24 (1) IN GENERAL.—The Secretary may establish 

25 loan rates for a crop for producers in individual 


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1 counties in a manner that results in the lowest loan 

2 rate being 95 percent of the national average loan 

3 rate, if those loan rates do not result in an increase 

4 in outlays. 

5 (2) PROHIBITION.—Adjustments under this 

6 subsection shall not result in an increase in the na7 tional average loan rate for any year. 

8 (d) ADJUSTMENT IN LOAN RATE FOR COTTON.— 

9 (1) IN GENERAL.—The Secretary may make 

10 appropriate adjustments in the loan rate for cotton 

11 for differences in quality factors. 

12 (2) TYPES OF ADJUSTMENTS.—Loan rate ad13 justments under paragraph (1) may include— 

14 (A) the use of non-spot market price data, 

15 in addition to spot market price data, that 

16 would enhance the accuracy of the price infor17 mation used in determining quality adjustments 

18 under this subsection; 

19 (B) adjustments in the premiums or dis20 counts associated with upland cotton with a sta21 ple length of 33 or above due to micronaire 

22 with the goal of eliminating any unnecessary ar23 tificial splits in the calculations of the pre24 miums or discounts; and 


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1 (C) such other adjustments as the Sec2 retary determines appropriate, after consulta3 tions conducted in accordance with paragraph 

4 (3). 

5 (3) CONSULTATION WITH PRIVATE SECTOR.— 

6 (A) PRIOR TO REVISION.—In making ad7 justments to the loan rate for cotton (including 

8 any review of the adjustments) as provided in 

9 this subsection, the Secretary shall consult with 

10 representatives of the United States cotton in11 dustry. 

12 (B) INAPPLICABILITY OF FEDERAL ADVI13 SORY COMMITTEE ACT.—The Federal Advisory 

14 Committee Act (5 U.S.C. App.) shall not apply 

15 to consultations under this subsection. 

16 (4) REVIEW OF ADJUSTMENTS.—The Secretary 

17 may review the operation of the upland cotton qual18 ity adjustments implemented pursuant to this sub19 section and may make further adjustments to the 

20 administration of the loan program for upland cot21 ton, by revoking or revising any adjustment taken 

22 under paragraph (2). 

23 (e) RICE.—The Secretary shall not make adjust24 ments in the loan rates for long grain rice and medium 


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1 grain rice, except for differences in grade and quality (in2 cluding milling yields). 

3 Subtitle C—Sugar 

4 SEC. 1301. SUGAR PROGRAM. 

5 (a) CONTINUATION OF CURRENT PROGRAM AND

6 LOAN RATES.— 

7 (1) SUGARCANE.—Section 156(a)(5) of the 

8 Federal Agriculture Improvement and Reform Act of 

9 1996 (7 U.S.C. 7272(a)(5)) is amended by striking 

10 ‘‘the 2012 crop year’’ and inserting ‘‘the 2012 crop 

11 year and each succeeding crop year’’. 

12 (2) SUGAR BEETS.—Section 156(b)(2) of the 

13 Federal Agriculture Improvement and Reform Act of 

14 1996 (7 U.S.C. 7272(b)(2)) is amended by striking 

15 ‘‘each of the 2009 through 2012 crop years’’ and in16 serting ‘‘the 2009 crop year and each succeeding 

17 crop year’’. 

18 (3) EFFECTIVE PERIOD.—Section 156(i) of the 

19 Federal Agriculture Improvement and Reform Act of 

20 1996 (7 U.S.C. 7272(i)) is repealed. 

21 (b) FLEXIBLE MARKETING ALLOTMENTS FOR

22 SUGAR.— 

23 (1) SUGAR ESTIMATES.—Section 359b(a)(1) of 

24 the Agricultural Adjustment Act of 1938 (7 U.S.C. 

25 1359bb(a)(1)) is amended by striking ‘‘each of the 


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1 2008 through 2012 crop years’’ and inserting ‘‘the 

2 2008 crop year and each succeeding crop year’’. 

3 (2) EFFECTIVE PERIOD.—Section 359i(a) of 

4 the Agricultural Adjustment Act of 1938 (7 U.S.C. 

5 1359ii(a)) is amended by striking ‘‘only for the 2008 

6 through 2012 crop years’’ and inserting ‘‘for the 

7 2008 crop year and each succeeding crop year’’. 

8 Subtitle D—Dairy 

9 PART I—DAIRY PRODUCER MARGIN INSURANCE 

10 PROGRAM 

11 SEC. 1401. DAIRY PRODUCER MARGIN INSURANCE PRO12 GRAM. 

13 Subtitle E of title I of the Food, Conservation, and 

14 Energy Act of 2008 (7 U.S.C. 8771 et seq.) is amended 

15 by adding at the end the following new section: 

16 ‘‘SEC. 1511. DAIRY PRODUCER MARGIN INSURANCE PRO17 GRAM. 

18 ‘‘(a) DEFINITIONS.—In this section: 

19 ‘‘(1) ACTUAL DAIRY PRODUCER MARGIN.—The 

20 term ‘actual dairy producer margin’ means the dif21 ference between the all-milk price and the average 

22 feed cost, as calculated under subsection (b)(2). 

23 ‘‘(2) ALL-MILK PRICE.—The term ‘all-milk 

24 price’ means the average price received, per hun25 dredweight of milk, by dairy producers for all milk 


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1 sold to plants and dealers in the United States, as 

2 reported by the National Agricultural Statistics 

3 Service. 

4 ‘‘(3) AVERAGE FEED COST.—The term ‘average 

5 feed cost’ means the average cost of feed used by a 

6 dairy operation to produce a hundredweight of milk, 

7 determined under subsection (b)(1) using the sum of 

8 the following: 

9 ‘‘(A) The product determined by multi10 plying— 

11 ‘‘(i) 1.0728; by 

12 ‘‘(ii) the price of corn per bushel. 

13 ‘‘(B) The product determined by multi14 plying— 

15 ‘‘(i) 0.00735; by 

16 ‘‘(ii) the price of soybean meal per 

17 ton. 

18 ‘‘(C) The product determined by multi19 plying— 

20 ‘‘(i) 0.0137; by 

21 ‘‘(ii) the price of alfalfa hay per ton. 

22 ‘‘(4) CONSECUTIVE 2-MONTH PERIOD.—The 

23 term ‘consecutive 2-month period’ refers to the 2- 

24 month period consisting of the months of January 

25 and February, March and April, May and June, 


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1 July and August, September and October, or No2 vember and December, respectively. 

3 ‘‘(5) DAIRY PRODUCER.—The term ‘dairy pro4 ducer’ means an individual or entity that directly or 

5 indirectly (as determined by the Secretary)— 

6 ‘‘(A) shares in the risk of producing milk; 

7 and 

8 ‘‘(B) makes contributions (including land, 

9 labor, management, equipment, or capital) to 

10 the dairy operation of the individual or entity 

11 that are at least commensurate with the share 

12 of the individual or entity of the proceeds of the 

13 operation. 

14 ‘‘(6) MARGIN INSURANCE PROGRAM.—The term 

15 ‘margin insurance program’ means the dairy pro16 ducer margin insurance program required by this 

17 section. 

18 ‘‘(7) PARTICIPATING DAIRY PRODUCER.—The 

19 term ‘participating dairy producer’ means a dairy 

20 producer that registers under subsection (d)(2) to 

21 participate in the margin insurance program. 

22 ‘‘(8) PRODUCTION HISTORY.—The term ‘pro23 duction history’ means the quantity of annual milk 

24 marketings determined for a dairy producer under 

25 subsection (e)(1). 


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1 ‘‘(9) UNITED STATES.—The term ‘United 

2 States’, in a geographical sense, means the 50 

3 States. 

4 ‘‘(b) CALCULATION OF AVERAGE FEED COST AND

5 ACTUAL DAIRY PRODUCER MARGINS.— 

6 ‘‘(1) CALCULATION OF AVERAGE FEED COST.— 

7 The Secretary shall calculate the national average 

8 feed cost for each month using the following data: 

9 ‘‘(A) The price of corn for a month shall 

10 be the price received during that month by agri11 cultural producers in the United States for 

12 corn, as reported in the monthly Agriculture 

13 Prices report by the Secretary. 

14 ‘‘(B) The price of soybean meal for a 

15 month shall be the central Illinois price for soy16 bean meal, as reported in the Market News– 

17 Monthly Soybean Meal Price Report by the Sec18 retary. 

19 ‘‘(C) The price of alfalfa hay for a month 

20 shall be the price received during that month by 

21 agricultural producers in the United States for 

22 alfalfa hay, as reported in the monthly Agri23 culture Prices report by the Secretary. 

24 ‘‘(2) CALCULATION OF ACTUAL DAIRY PRO25 DUCER MARGINS.—The Secretary shall calculate the 


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1 actual dairy producer margin for each consecutive 2- 

2 month period by subtracting— 

3 ‘‘(A) the average feed cost for that con4 secutive 2-month period, determined in accord5 ance with paragraph (1); from 

6 ‘‘(B) the all-milk price for that consecutive 

7 2-month period. 

8 ‘‘(c) ESTABLISHMENT OF DAIRY PRODUCER MARGIN

9 INSURANCE PROGRAM.—The Secretary shall establish and 

10 administer a dairy producer margin insurance program for 

11 the purpose of protecting dairy producer income by paying 

12 participating dairy producers margin insurance payments 

13 when actual dairy producer margins are less than the 

14 threshold levels for the payments. 

15 ‘‘(d) ELIGIBILITY AND REGISTRATION OF DAIRY

16 PRODUCERS FOR MARGIN INSURANCE PROGRAM.— 

17 ‘‘(1) ELIGIBILITY.—All dairy producers in the 

18 United States shall be eligible to participate in the 

19 margin insurance program. 

20 ‘‘(2) REGISTRATION PROCESS.— 

21 ‘‘(A) REGISTRATION.— 

22 ‘‘(i) ANNUAL REGISTRATION.—On an 

23 annual basis, the Secretary shall register 

24 all interested dairy producers in the mar25 gin insurance program. 


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1 ‘‘(ii) MANNER AND FORM.—The Sec2 retary shall specify the manner and form 

3 by which a dairy producer shall register for 

4 the margin insurance program. 

5 ‘‘(B) TREATMENT OF MULTI-PRODUCER

6 OPERATIONS.—If a dairy operation consists of 

7 more than 1 dairy producer, all of the dairy 

8 producers of the operation shall be treated as a 

9 single dairy producer for purposes of— 

10 ‘‘(i) purchasing margin insurance; and 

11 ‘‘(ii) payment of producer premiums 

12 under subsection (f)(4). 

13 ‘‘(C) TREATMENT OF PRODUCERS WITH

14 MULTIPLE DAIRY OPERATIONS.—If a dairy pro15 ducer operates 2 or more dairy operations, each 

16 dairy operation of the producer shall require a 

17 separate registration to participate and pur18 chase margin insurance. 

19 ‘‘(3) TIME FOR REGISTRATION.— 

20 ‘‘(A) EXISTING DAIRY PRODUCERS.—Dur21 ing the 1-year period beginning on the date of 

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1 ister with the Secretary to participate in the 

2 margin insurance program. 

3 ‘‘(B) NEW ENTRANTS.—A dairy producer 

4 that has no existing interest in a dairy oper5 ation as of the date of enactment of this sec6 tion, but that, after that date, establishes a new 

7 dairy operation, may register with the Secretary 

8 during the 180-day period beginning on the 

9 date on which the dairy operation first markets 

10 milk commercially to participate in the margin 

11 insurance program. 

12 ‘‘(4) RETROACTIVITY.— 

13 ‘‘(A) NOTICE OF AVAILABILITY OF RETRO14 ACTIVE PROTECTION.—Not later than 30 days 

15 after the effective date of this section, the Sec16 retary shall publish a notice in the Federal Reg17 ister to inform dairy producers of the avail18 ability of retroactive margin insurance, subject 

19 to the condition that interested producers must 

20 file a notice of intent (in such form and manner 

21 as the Secretary specifies in the Federal Reg22 ister notice) to participate in the margin insur23 ance program. 

24 ‘‘(B) RETROACTIVE MARGIN INSURANCE.— 


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1 ‘‘(i) AVAILABILITY.—If a dairy pro2 ducer files a notice of intent under sub3 paragraph (A) to participate in the margin 

4 insurance program before the initiation of 

5 the sign-up period for the margin insur6 ance program and subsequently signs up 

7 for the margin insurance program, the pro8 ducer shall receive margin insurance retro9 active to the effective date of this section. 

10 ‘‘(ii) DURATION.—Retroactive margin 

11 insurance under this paragraph for a dairy 

12 producer shall apply from the effective 

13 date of this section until the date on which 

14 the producer signs up for the margin in15 surance program. 

16 ‘‘(C) NOTICE OF INTENT AND OBLIGATION

17 TO PARTICIPATE.—In no way does filing a no18 tice of intent under this paragraph obligate a 

19 dairy producer to sign up for the margin insur20 ance program once the program rules are final, 

21 but if a producer does file a notice of intent and 

22 subsequently signs up for the margin insurance 

23 program, that dairy producer is obligated to 

24 pay premiums for any retroactive margin insur25 ance selected in the notice of intent. 


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1 ‘‘(5) RECONSTITUTION.—The Secretary shall 

2 ensure that a dairy producer does not reconstitute a 

3 dairy operation for the sole purpose of purchasing 

4 margin insurance. 

5 ‘‘(e) PRODUCTION HISTORY OF PARTICIPATING

6 DAIRY PRODUCERS.— 

7 ‘‘(1) DETERMINATION OF PRODUCTION HIS8 TORY.— 

9 ‘‘(A) IN GENERAL.—The Secretary shall 

10 determine the production history of the dairy 

11 operation of each participating dairy producer 

12 in the margin insurance program. 

13 ‘‘(B) CALCULATION.—Except as provided 

14 in subparagraphs (C) and (D), the production 

15 history of a participating dairy producer shall 

16 be equal to the highest annual milk marketings 

17 of the dairy producer during any 1 of the 3 cal18 endar years immediately preceding the registra19 tion of the dairy producer for participation in 

20 the margin insurance program. 

21 ‘‘(C) UPDATING PRODUCTION HISTORY.— 

22 So long as a participating producer remains 

23 registered, the production history of the partici24 pating producer shall be annually updated 

25 based on the highest annual milk marketings of 


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1 the dairy producer during any one of the 3 im2 mediately preceding calendar years. 

3 ‘‘(D) NEW PRODUCERS.—If a dairy pro4 ducer has been in operation for less than 1 

5 year, the Secretary shall determine the initial 

6 production history of the dairy producer under 

7 subparagraph (B) by extrapolating the actual 

8 milk marketings for the months that the dairy 

9 producer has been in operation to a yearly 

10 amount. 

11 ‘‘(2) REQUIRED INFORMATION.—A partici12 pating dairy producer shall provide all information 

13 that the Secretary may require in order to establish 

14 the production history of the dairy operation of the 

15 dairy producer. 

16 ‘‘(3) TRANSFER OF PRODUCTION HISTORY.— 

17 ‘‘(A) TRANSFER BY SALE.— 

18 ‘‘(i) REQUEST FOR TRANSFER.—If an 

19 existing dairy producer sells an entire 

20 dairy operation to another party, the seller 

21 and purchaser may jointly request that the 

22 Secretary transfer to the purchaser the in23 terest of the seller in the production his24 tory of the dairy operation. 


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1 ‘‘(ii) TRANSFER.—If the Secretary de2 termines that the seller has sold the entire 

3 dairy operation to the purchaser, the Sec4 retary shall approve the transfer and, 

5 thereafter, the seller shall have no interest 

6 in the production history of the sold dairy 

7 operation. 

8 ‘‘(B) TRANSFER BY LEASE.— 

9 ‘‘(i) REQUEST FOR TRANSFER.—If an 

10 existing dairy producer leases an entire 

11 dairy operation to another party, the lessor 

12 and lessee may jointly request that the 

13 Secretary transfer to the lessee for the du14 ration of the term of the lease the interest 

15 of the lessor in the production history of 

16 the dairy operation. 

17 ‘‘(ii) TRANSFER.—If the Secretary de18 termines that the lessor has leased the en19 tire dairy operation to the lessee, the Sec20 retary shall approve the transfer and, 

21 thereafter, the lessor shall have no interest 

22 for the duration of the term of the lease in 

23 the production history of the leased dairy 

24 operation. 


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1 ‘‘(C) COVERAGE LEVEL.—A purchaser or 

2 lessee to whom the Secretary transfers a pro3 duction history under this paragraph may not 

4 obtain a different level of margin insurance cov5 erage held by the seller or lessor from whom the 

6 transfer was obtained. 

7 ‘‘(D) NEW ENTRANTS.—The Secretary 

8 may not transfer the production history deter9 mined for a dairy producer described in sub10 section (d)(3)(B) to another person. 

11 ‘‘(4) MOVEMENT AND TRANSFER OF PRODUC12 TION HISTORY.— 

13 ‘‘(A) MOVEMENT AND TRANSFER AUTHOR14 IZED.—Subject to subparagraph (B), if a dairy 

15 producer moves from 1 location to another loca16 tion, the dairy producer may maintain the pro17 duction history associated with the operation. 

18 ‘‘(B) NOTIFICATION REQUIREMENT.—A 

19 dairy producer shall notify the Secretary of any 

20 move of a dairy operation under subparagraph 

21 (A). 

22 ‘‘(C) SUBSEQUENT OCCUPATION OF VA23 CATED LOCATION.—A party subsequently occu24 pying a dairy operation location vacated as de25 scribed in subparagraph (A) shall have no interVerDate Mar 15 2010 21:18 Jul 16, 2013 Jkt 029200 PO 00000 Frm 00090 Fmt 6652 Sfmt 6201 E:\BILLS\H2642.PCS H2642

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1 est in the production history previously associ2 ated with the operation at that location. 

3 ‘‘(f) MARGIN INSURANCE.— 

4 ‘‘(1) IN GENERAL.—At the time of the registra5 tion of a dairy producer in the margin insurance 

6 program under subsection (d) and annually there7 after during the duration of the margin insurance 

8 program, an eligible dairy producer may purchase 

9 margin insurance. 

10 ‘‘(2) SELECTION OF PAYMENT THRESHOLD.—A 

11 participating dairy producer purchasing margin in12 surance shall elect a coverage level in any increment 

13 of $0.50, with a minimum of $4.00 and a maximum 

14 of $8.00. 

15 ‘‘(3) SELECTION OF COVERAGE PERCENTAGE.— 

16 A participating dairy producer purchasing margin 

17 insurance shall elect a percentage of coverage, equal 

18 to not more than 80 percent nor less than 25 per19 cent, of the production history of the dairy operation 

20 of the participating dairy producer. 

21 ‘‘(4) PRODUCER PREMIUMS.— 

22 ‘‘(A) PREMIUMS REQUIRED.—A partici23 pating dairy producer that purchases margin 

24 insurance shall pay an annual premium equal to 

25 the product obtained by multiplying— 


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1 ‘‘(i) the percentage selected by the 

2 dairy producer under paragraph (3); 

3 ‘‘(ii) the production history applicable 

4 to the dairy producer; and 

5 ‘‘(iii) the premium per hundredweight 

6 of milk, as specified in the applicable table 

7 under subparagraph (B) or (C). 

8 ‘‘(B) PREMIUM PER HUNDREDWEIGHT FOR

9 FIRST 4 MILLION POUNDS OF PRODUCTION.— 

10 For the first 4,000,000 pounds of milk mar11 ketings included in the annual production his12 tory of a participating dairy operation, the pre13 mium per hundredweight corresponding to each 

14 coverage level specified in the following table is 

15 as follows: 

‘‘Coverage Level Premium per Cwt. 

$4.00 $0.00 

$4.50 $0.01 

$5.00 $0.02 

$5.50 $0.035 

$6.00 $0.045 

$6.50 $0.09 

$7.00 $0.18 

$7.50 $0.60 

$8.00 $0.95 

16 ‘‘(C) PREMIUM PER HUNDREDWEIGHT FOR

17 PRODUCTION IN EXCESS OF 4 MILLION

18 POUNDS.—For milk marketings in excess of 

19 4,000,000 pounds included in the annual proVerDate Mar 15 2010 21:18 Jul 16, 2013 Jkt 029200 PO 00000 Frm 00092 Fmt 6652 Sfmt 6201 E:\BILLS\H2642.PCS H2642

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1 duction history of a participating dairy oper2 ation, the premium per hundredweight cor3 responding to each coverage level is as follows: 

‘‘Coverage Level Premium per Cwt. 

$4.00 $0.030 

$4.50 $0.045 

$5.00 $0.066 

$5.50 $0.11 

$6.00 $0.185 

$6.50 $0.29 

$7.00 $0.38 

$7.50 $0.83 

$8.00 $1.06 

4 ‘‘(D) TIME FOR PAYMENT.— 

5 ‘‘(i) FIRST YEAR.—As soon as prac6 ticable after a dairy producer registers to 

7 participate in the margin insurance pro8 gram and purchases margin insurance, the 

9 dairy producer shall pay the premium de10 termined under subparagraph (A) for the 

11 dairy producer for the first calendar year 

12 of the margin insurance. 

13 ‘‘(ii) SUBSEQUENT YEARS.— 

14 ‘‘(I) IN GENERAL.—When the 

15 dairy producer first purchases margin 

16 insurance, the dairy producer shall 

17 also elect the method by which the 

18 dairy producer will pay premiums 

19 under this subsection for subsequent 


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1 years in accordance with 1 of the 

2 schedules described in subclauses (II) 

3 and (III). 

4 ‘‘(II) SINGLE ANNUAL PAY5 MENT.—The participating dairy pro6 ducer may elect to pay 100 percent of 

7 the annual premium determined under 

8 subparagraph (A) for the dairy pro9 ducer for a calendar year by not later 

10 than January 15 of the calendar year. 

11 ‘‘(III) SEMI-ANNUAL PAY12 MENTS.—The participating dairy pro13 ducer may elect to pay— 

14 ‘‘(aa) 50 percent of the an15 nual premium determined under 

16 subparagraph (A) for the dairy 

17 producer for a calendar year by 

18 not later than January 15 of the 

19 calendar year; and 

20 ‘‘(bb) the remaining 50 per21 cent of the premium by not later 

22 than June 15 of the calendar 

23 year. 

24 ‘‘(5) PRODUCER PREMIUM OBLIGATIONS.— 


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1 ‘‘(A) PRO-RATION OF FIRST YEAR PRE2 MIUM.—A participating dairy producer that 

3 purchases margin insurance after initial reg4 istration in the margin insurance program shall 

5 pay a pro-rated premium for the first calendar 

6 year based on the date on which the producer 

7 purchases the coverage. 

8 ‘‘(B) SUBSEQUENT PREMIUMS.—Except as 

9 provided in subparagraph (A), the annual pre10 mium for a participating dairy producer shall 

11 be determined under paragraph (4) for each 

12 year in which the margin insurance program is 

13 in effect. 

14 ‘‘(C) LEGAL OBLIGATION.— 

15 ‘‘(i) IN GENERAL.—Except as pro16 vided in clauses (ii) and (iii), a partici17 pating dairy producer that purchases mar18 gin insurance shall be legally obligated to 

19 pay the applicable premiums for the entire 

20 period of the margin insurance program 

21 (as provided in the payment schedule elect22 ed under paragraph (4)(B)), and may not 

23 opt out of the margin insurance program. 

24 ‘‘(ii) DEATH.—If the dairy producer 

25 dies, the estate of the deceased may cancel 


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1 the margin insurance and shall not be re2 sponsible for any further premium pay3 ments. 

4 ‘‘(iii) RETIREMENT.—If the dairy pro5 ducer retires, the producer may request 

6 that Secretary cancel the margin insurance 

7 if the producer has terminated the dairy 

8 operation entirely and certifies under oath 

9 that the producer will not be actively en10 gaged in any dairy operation for at least 

11 the next 7 years. 

12 ‘‘(6) PAYMENT THRESHOLD.—A participating 

13 dairy producer with margin insurance shall receive a 

14 margin insurance payment whenever the average ac15 tual dairy producer margin for a consecutive 2- 

16 month period is less than the coverage level thresh17 old selected by the dairy producer under paragraph 

18 (2). 

19 ‘‘(7) MARGIN INSURANCE PAYMENTS.— 

20 ‘‘(A) IN GENERAL.—The Secretary shall 

21 make a margin insurance protection payment to 

22 each participating dairy producer whenever the 

23 average actual dairy producer margin for a con24 secutive 2-month period is less than the covVerDate Mar 15 2010 21:18 Jul 16, 2013 Jkt 029200 PO 00000 Frm 00096 Fmt 6652 Sfmt 6201 E:\BILLS\H2642.PCS H2642

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1 erage level threshold selected by the dairy pro2 ducer under paragraph (2). 

3 ‘‘(B) AMOUNT OF PAYMENT.—The margin 

4 insurance payment for the dairy operation of a 

5 participating dairy producer shall be determined 

6 as follows: 

7 ‘‘(i) The Secretary shall calculate the 

8 difference between— 

9 ‘‘(I) the coverage level threshold 

10 selected by the dairy producer under 

11 paragraph (2); and 

12 ‘‘(II) the average actual dairy 

13 producer margin for the consecutive 

14 2-month period. 

15 ‘‘(ii) The amount determined under 

16 clause (i) shall be multiplied by— 

17 ‘‘(I) the percentage selected by 

18 the dairy producer under paragraph 

19 (3); and 

20 ‘‘(II) the lesser of— 

21 ‘‘(aa) the quotient obtained 

22 by dividing— 

23 ‘‘(AA) the production 

24 history applicable to the proVerDate Mar 15 2010 21:18 Jul 16, 2013 Jkt 029200 PO 00000 Frm 00097 Fmt 6652 Sfmt 6201 E:\BILLS\H2642.PCS H2642

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1 ducer under subsection 

2 (e)(1); by 

3 ‘‘(BB) 6; and 

4 ‘‘(bb) the actual quantity of 

5 milk marketed by the dairy oper6 ation of the dairy producer dur7 ing the consecutive 2-month pe8 riod. 

9 ‘‘(g) EFFECT OF FAILURE TO PAY PREMIUMS.— 

10 ‘‘(1) LOSS OF BENEFITS.—A participating 

11 dairy producer that is in arrears on premium pay12 ments for margin insurance— 

13 ‘‘(A) remains legally obligated to pay the 

14 premiums; and 

15 ‘‘(B) may not receive margin insurance 

16 until the premiums are fully paid. 

17 ‘‘(2) ENFORCEMENT.—The Secretary may take 

18 such action as is necessary to collect premium pay19 ments for margin insurance. 

20 ‘‘(h) USE OF COMMODITY CREDIT CORPORATION.— 

21 The Secretary shall use the funds, facilities, and the au22 thorities of the Commodity Credit Corporation to carry 

23 out this section. 


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1 ‘‘(i) PROGRAM START DATE.—The Secretary shall 

2 conduct the margin insurance program beginning on Octo3 ber 1, 2013.’’. 

4 SEC. 1402. RULEMAKING. 

5 (a) PROCEDURE.—The promulgation of regulations 

6 for the initiation of the margin insurance program, and 

7 for administration of the margin insurance program, shall 

8 be made— 

9 (1) without regard to chapter 35 of title 44, 

10 United States Code (commonly known as the Paper11 work Reduction Act); 

12 (2) without regard to the Statement of Policy 

13 of the Secretary of Agriculture effective July 24, 

14 1971 (36 Fed. Reg. 13804), relating to notices of 

15 proposed rulemaking and public participation in 

16 rulemaking; and 

17 (3) subject to subsection (b), pursuant to sec18 tion 553 of title 5, United States Code. 

19 (b) SPECIAL RULEMAKING REQUIREMENTS.— 

20 (1) INTERIM RULES AUTHORIZED.—With re21 spect to the margin insurance program, the Sec22 retary may promulgate interim rules under the au23 thority provided in subparagraph (B) of section 

24 553(b) of title 5, United States Code, if the Sec25 retary determines such interim rules to be needed. 


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1 Any such interim rules for the margin insurance 

2 program shall be effective on publication. 

3 (2) FINAL RULES.—With respect to the margin 

4 insurance program, the Secretary shall promulgate 

5 final rules, with an opportunity for public notice and 

6 comment, no later than 21 months after the date of 

7 the enactment of this Act. 

8 (c) INCLUSION OF ADDITIONAL ORDER.—Section 

9 143(a)(2) of the Federal Agriculture Improvement and 

10 Reform Act of 1996 (7 U.S.C. 7253(a)(2)) is amended 

11 by adding at the end the following new sentence: ‘‘Sub12 section (b)(2) does not apply to the authority of the Sec13 retary under this subsection.’’. 

14 PART II—REPEAL OR REAUTHORIZATION OF 

15 OTHER DAIRY-RELATED PROVISIONS 

16 SEC. 1411. REPEAL OF DAIRY PRODUCT PRICE SUPPORT 

17 AND MILK INCOME LOSS CONTRACT PRO18 GRAMS. 

19 (a) REPEAL OF DAIRY PRODUCT PRICE SUPPORT

20 PROGRAM.—Section 1501 of the Food, Conservation, and 

21 Energy Act of 2008 (7 U.S.C. 8771) is repealed. 

22 (b) REPEAL OF MILK INCOME LOSS CONTRACT PRO23 GRAM.—Section 1506 of the Food, Conservation, and En24 ergy Act of 2008 (7 U.S.C. 8773) is repealed. 


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1 SEC. 1412. REPEAL OF DAIRY EXPORT INCENTIVE PRO2 GRAM. 

3 (a) REPEAL.—Section 153 of the Food Security Act 

4 of 1985 (15 U.S.C. 713a–14) is repealed. 

5 (b) CONFORMING AMENDMENTS.—Section 902(2) of 

6 the Trade Sanctions Reform and Export Enhancement 

7 Act of 2000 (22 U.S.C. 7201(2)) is amended— 

8 (1) by striking subparagraph (D); and 

9 (2) by redesignating subparagraphs (E) and 

10 (F) as subparagraphs (D) and (E), respectively. 

11 SEC. 1413. EXTENSION OF DAIRY FORWARD PRICING PRO12 GRAM. 

13 Section 1502(e) of the Food, Conservation, and En14 ergy Act of 2008 (7 U.S.C. 8772(e)) is amended— 

15 (1) in paragraph (1), by striking ‘‘2012’’ and 

16 inserting ‘‘2018’’; and 

17 (2) in paragraph (2), by striking ‘‘2015’’ and 

18 inserting ‘‘2021’’. 

19 SEC. 1414. EXTENSION OF DAIRY INDEMNITY PROGRAM. 

20 Section 3 of Public Law 90–484 (7 U.S.C. 450l) is 

21 amended by striking ‘‘2012’’ and inserting ‘‘2018’’. 

22 SEC. 1415. EXTENSION OF DAIRY PROMOTION AND RE23 SEARCH PROGRAM. 

24 Section 113(e)(2) of the Dairy Production Stabiliza25 tion Act of 1983 (7 U.S.C. 4504(e)(2)) is amended by 

26 striking ‘‘2012’’ and inserting ‘‘2018’’. 


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1 SEC. 1416. REPEAL OF FEDERAL MILK MARKETING ORDER 

2 REVIEW COMMISSION. 

3 Section 1509 of the Food, Conservation, and Energy 

4 Act of 2008 (Public Law 110–246; 122 Stat. 1726) is re5 pealed. 

6 PART III—EFFECTIVE DATE 

7 SEC. 1421. EFFECTIVE DATE. 

8 This subtitle and the amendments made by this sub9 title shall take effect on October 1, 2013. 

10 Subtitle E—Supplemental Agricul11 tural Disaster Assistance Pro12 grams 

13 SEC. 1501. SUPPLEMENTAL AGRICULTURAL DISASTER AS14 SISTANCE. 

15 (a) DEFINITIONS.—In this section: 

16 (1) ELIGIBLE PRODUCER ON A FARM.— 

17 (A) IN GENERAL.—The term ‘‘eligible pro18 ducer on a farm’’ means an individual or entity 

19 described in subparagraph (B) that, as deter20 mined by the Secretary, assumes the production 

21 and market risks associated with the agricul22 tural production of crops or livestock. 

23 (B) DESCRIPTION.—An individual or enti24 ty referred to in subparagraph (A) is— 

25 (i) a citizen of the United States; 

26 (ii) a resident alien; 


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1 (iii) a partnership of citizens of the 

2 United States; or 

3 (iv) a corporation, limited liability cor4 poration, or other farm organizational 

5 structure organized under State law. 

6 (2) FARM-RAISED FISH.—The term ‘‘farm7 raised fish’’ means any aquatic species that is propa8 gated and reared in a controlled environment. 

9 (3) LIVESTOCK.—The term ‘‘livestock’’ in10 cludes— 

11 (A) cattle (including dairy cattle); 

12 (B) bison; 

13 (C) poultry; 

14 (D) sheep; 

15 (E) swine; 

16 (F) horses; and 

17 (G) other livestock, as determined by the 

18 Secretary. 

19 (4) SECRETARY.—The term ‘‘Secretary’’ means 

20 the Secretary of Agriculture. 

21 (b) LIVESTOCK INDEMNITY PAYMENTS.— 

22 (1) PAYMENTS.—For fiscal year 2012 and each 

23 succeeding fiscal year, the Secretary shall use such 

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1 nity payments to eligible producers on farms that 

2 have incurred livestock death losses in excess of the 

3 normal mortality, as determined by the Secretary, 

4 due to— 

5 (A) attacks by animals reintroduced into 

6 the wild by the Federal Government or pro7 tected by Federal law, including wolves and 

8 avian predators; or 

9 (B) adverse weather, as determined by the 

10 Secretary, during the calendar year, including 

11 losses due to hurricanes, floods, blizzards, dis12 ease, wildfires, extreme heat, and extreme cold. 

13 (2) PAYMENT RATES.—Indemnity payments to 

14 an eligible producer on a farm under paragraph (1) 

15 shall be made at a rate of 75 percent of the market 

16 value of the applicable livestock on the day before 

17 the date of death of the livestock, as determined by 

18 the Secretary. 

19 (3) SPECIAL RULE FOR PAYMENTS MADE DUE

20 TO DISEASE.—The Secretary shall ensure that pay21 ments made to an eligible producer under paragraph 

22 (1) are not made for the same livestock losses for 

23 which compensation is provided pursuant to section 

24 10407(d) of the Animal Health Protection Act (7 

25 U.S.C. 8306(d)). 


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1 (c) LIVESTOCK FORAGE DISASTER PROGRAM.— 

2 (1) DEFINITIONS.—In this subsection: 

3 (A) COVERED LIVESTOCK.— 

4 (i) IN GENERAL.—Except as provided 

5 in clause (ii), the term ‘‘covered livestock’’ 

6 means livestock of an eligible livestock pro7 ducer that, during the 60 days prior to the 

8 beginning date of a qualifying drought or 

9 fire condition, as determined by the Sec10 retary, the eligible livestock producer— 

11 (I) owned; 

12 (II) leased; 

13 (III) purchased; 

14 (IV) entered into a contract to 

15 purchase; 

16 (V) is a contract grower; or 

17 (VI) sold or otherwise disposed of 

18 due to qualifying drought conditions 

19 during— 

20 (aa) the current production 

21 year; or 

22 (bb) subject to paragraph 

23 (3)(B)(ii), 1 or both of the 2 pro24 duction years immediately preVerDate Mar 15 2010 21:18 Jul 16, 2013 Jkt 029200 PO 00000 Frm 00105 Fmt 6652 Sfmt 6201 E:\BILLS\H2642.PCS H2642

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1 ceding the current production 

2 year. 

3 (ii) EXCLUSION.—The term ‘‘covered 

4 livestock’’ does not include livestock that 

5 were or would have been in a feedlot, on 

6 the beginning date of the qualifying 

7 drought or fire condition, as a part of the 

8 normal business operation of the eligible 

9 livestock producer, as determined by the 

10 Secretary. 

11 (B) DROUGHT MONITOR.—The term 

12 ‘‘drought monitor’’ means a system for 

13 classifying drought severity according to a 

14 range of abnormally dry to exceptional drought, 

15 as defined by the Secretary. 

16 (C) ELIGIBLE LIVESTOCK PRODUCER.— 

17 (i) IN GENERAL.—The term ‘‘eligible 

18 livestock producer’’ means an eligible pro19 ducer on a farm that— 

20 (I) is an owner, cash or share 

21 lessee, or contract grower of covered 

22 livestock that provides the pastureland 

23 or grazing land, including cash-leased 

24 pastureland or grazing land, for the 

25 livestock; 


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1 (II) provides the pastureland or 

2 grazing land for covered livestock, in3 cluding cash-leased pastureland or 

4 grazing land that is physically located 

5 in a county affected by drought; 

6 (III) certifies grazing loss; and 

7 (IV) meets all other eligibility re8 quirements established under this sub9 section. 

10 (ii) EXCLUSION.—The term ‘‘eligible 

11 livestock producer’’ does not include an 

12 owner, cash or share lessee, or contract 

13 grower of livestock that rents or leases 

14 pastureland or grazing land owned by an15 other person on a rate-of-gain basis. 

16 (D) NORMAL CARRYING CAPACITY.—The 

17 term ‘‘normal carrying capacity’’, with respect 

18 to each type of grazing land or pastureland in 

19 a county, means the normal carrying capacity, 

20 as determined under paragraph (3)(D)(i), that 

21 would be expected from the grazing land or 

22 pastureland for livestock during the normal 

23 grazing period, in the absence of a drought or 

24 fire that diminishes the production of the graz25 ing land or pastureland. 


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1 (E) NORMAL GRAZING PERIOD.—The term 

2 ‘‘normal grazing period’’, with respect to a 

3 county, means the normal grazing period during 

4 the calendar year for the county, as determined 

5 under paragraph (3)(D)(i). 

6 (2) PROGRAM.—For fiscal year 2012 and each 

7 succeeding fiscal year, the Secretary shall use such 

8 sums as are necessary of the funds of the Com9 modity Credit Corporation to provide compensation 

10 for losses to eligible livestock producers due to graz11 ing losses for covered livestock due to— 

12 (A) a drought condition, as described in 

13 paragraph (3); or 

14 (B) fire, as described in paragraph (4). 

15 (3) ASSISTANCE FOR LOSSES DUE TO DROUGHT

16 CONDITIONS.— 

17 (A) ELIGIBLE LOSSES.— 

18 (i) IN GENERAL.—An eligible livestock 

19 producer may receive assistance under this 

20 subsection only for grazing losses for cov21 ered livestock that occur on land that— 

22 (I) is native or improved 

23 pastureland with permanent vegeta24 tive cover; or 


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1 (II) is planted to a crop planted 

2 specifically for the purpose of pro3 viding grazing for covered livestock. 

4 (ii) EXCLUSIONS.—An eligible live5 stock producer may not receive assistance 

6 under this subsection for grazing losses 

7 that occur on land used for haying or graz8 ing under the conservation reserve pro9 gram established under subchapter B of 

10 chapter 1 of subtitle D of title XII of the 

11 Food Security Act of 1985 (16 U.S.C. 

12 3831 et seq.). 

13 (B) MONTHLY PAYMENT RATE.— 

14 (i) IN GENERAL.—Except as provided 

15 in clause (ii), the payment rate for assist16 ance under this paragraph for 1 month 

17 shall, in the case of drought, be equal to 

18 60 percent of the lesser of— 

19 (I) the monthly feed cost for all 

20 covered livestock owned or leased by 

21 the eligible livestock producer, as de22 termined under subparagraph (C); or 

23 (II) the monthly feed cost cal24 culated by using the normal carrying 


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1 capacity of the eligible grazing land of 

2 the eligible livestock producer. 

3 (ii) PARTIAL COMPENSATION.—In the 

4 case of an eligible livestock producer that 

5 sold or otherwise disposed of covered live6 stock due to drought conditions in 1 or 

7 both of the 2 production years immediately 

8 preceding the current production year, as 

9 determined by the Secretary, the payment 

10 rate shall be 80 percent of the payment 

11 rate otherwise calculated in accordance 

12 with clause (i). 

13 (C) MONTHLY FEED COST.— 

14 (i) IN GENERAL.—The monthly feed 

15 cost shall equal the product obtained by 

16 multiplying— 

17 (I) 30 days; 

18 (II) a payment quantity that is 

19 equal to the feed grain equivalent, as 

20 determined under clause (ii); and 

21 (III) a payment rate that is equal 

22 to the corn price per pound, as deter23 mined under clause (iii). 


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1 (ii) FEED GRAIN EQUIVALENT.—For 

2 purposes of clause (i)(II), the feed grain 

3 equivalent shall equal— 

4 (I) in the case of an adult beef 

5 cow, 15.7 pounds of corn per day; or 

6 (II) in the case of any other type 

7 of weight of livestock, an amount de8 termined by the Secretary that rep9 resents the average number of pounds 

10 of corn per day necessary to feed the 

11 livestock. 

12 (iii) CORN PRICE PER POUND.—For 

13 purposes of clause (i)(III), the corn price 

14 per pound shall equal the quotient ob15 tained by dividing— 

16 (I) the higher of— 

17 (aa) the national average 

18 corn price per bushel for the 12- 

19 month period immediately pre20 ceding March 1 of the year for 

21 which the disaster assistance is 

22 calculated; or 

23 (bb) the national average 

24 corn price per bushel for the 24- 


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1 month period immediately pre2 ceding that March 1; by 

3 (II) 56. 

4 (D) NORMAL GRAZING PERIOD AND

5 DROUGHT MONITOR INTENSITY.— 

6 (i) FSA COUNTY COMMITTEE DETER7 MINATIONS.— 

8 (I) IN GENERAL.—The Secretary 

9 shall determine the normal carrying 

10 capacity and normal grazing period 

11 for each type of grazing land or 

12 pastureland in the county served by 

13 the applicable committee. 

14 (II) CHANGES.—No change to 

15 the normal carrying capacity or nor16 mal grazing period established for a 

17 county under subclause (I) shall be 

18 made unless the change is requested 

19 by the appropriate State and county 

20 Farm Service Agency committees. 

21 (ii) DROUGHT INTENSITY.— 

22 (I) D2.—An eligible livestock 

23 producer that owns or leases grazing 

24 land or pastureland that is physically 

25 located in a county that is rated by 


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1 the U.S. Drought Monitor as having a 

2 D2 (severe drought) intensity in any 

3 area of the county for at least 8 con4 secutive weeks during the normal 

5 grazing period for the county, as de6 termined by the Secretary, shall be el7 igible to receive assistance under this 

8 paragraph in an amount equal to 1 

9 monthly payment using the monthly 

10 payment rate determined under sub11 paragraph (B). 

12 (II) D3.—An eligible livestock 

13 producer that owns or leases grazing 

14 land or pastureland that is physically 

15 located in a county that is rated by 

16 the U.S. Drought Monitor as having 

17 at least a D3 (extreme drought) in18 tensity in any area of the county at 

19 any time during the normal grazing 

20 period for the county, as determined 

21 by the Secretary, shall be eligible to 

22 receive assistance under this para23 graph— 

24 (aa) in an amount equal to 

25 3 monthly payments using the 


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1 monthly payment rate deter2 mined under subparagraph (B); 

3 (bb) if the county is rated as 

4 having a D3 (extreme drought) 

5 intensity in any area of the coun6 ty for at least 4 weeks during the 

7 normal grazing period for the 

8 county, or is rated as having a 

9 D4 (exceptional drought) inten10 sity in any area of the county at 

11 any time during the normal graz12 ing period, in an amount equal to 

13 4 monthly payments using the 

14 monthly payment rate deter15 mined under subparagraph (B); 

16 or 

17 (cc) if the county is rated as 

18 having a D4 (exceptional 

19 drought) intensity in any area of 

20 the county for at least 4 weeks 

21 during the normal grazing pe22 riod, in an amount equal to 5 

23 monthly payments using the 

24 monthly rate determined under 

25 subparagraph (B). 


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1 (4) ASSISTANCE FOR LOSSES DUE TO FIRE ON

2 PUBLIC MANAGED LAND.— 

3 (A) IN GENERAL.—An eligible livestock 

4 producer may receive assistance under this 

5 paragraph only if— 

6 (i) the grazing losses occur on range7 land that is managed by a Federal agency; 

8 and 

9 (ii) the eligible livestock producer is 

10 prohibited by the Federal agency from 

11 grazing the normal permitted livestock on 

12 the managed rangeland due to a fire. 

13 (B) PAYMENT RATE.—The payment rate 

14 for assistance under this paragraph shall be 

15 equal to 50 percent of the monthly feed cost for 

16 the total number of livestock covered by the 

17 Federal lease of the eligible livestock producer, 

18 as determined under paragraph (3)(C). 

19 (C) PAYMENT DURATION.— 

20 (i) IN GENERAL.—Subject to clause 

21 (ii), an eligible livestock producer shall be 

22 eligible to receive assistance under this 

23 paragraph for the period— 

24 (I) beginning on the date on 

25 which the Federal agency excludes the 


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1 eligible livestock producer from using 

2 the managed rangeland for grazing; 

3 and 

4 (II) ending on the last day of the 

5 Federal lease of the eligible livestock 

6 producer. 

7 (ii) LIMITATION.—An eligible livestock 

8 producer may only receive assistance under 

9 this paragraph for losses that occur on not 

10 more than 180 days per year. 

11 (5) NO DUPLICATIVE PAYMENTS.—An eligible 

12 livestock producer may elect to receive assistance for 

13 grazing or pasture feed losses due to drought condi14 tions under paragraph (3) or fire under paragraph 

15 (4), but not both for the same loss, as determined 

16 by the Secretary. 

17 (d) EMERGENCY ASSISTANCE FOR LIVESTOCK, 

18 HONEY BEES, AND FARM-RAISED FISH.— 

19 (1) IN GENERAL.—For fiscal year 2012 and 

20 each succeeding fiscal year, the Secretary shall use 

21 not more than $20,000,000 of the funds of the Com22 modity Credit Corporation to provide emergency re23 lief to eligible producers of livestock, honey bees, and 

24 farm-raised fish to aid in the reduction of losses due 

25 to disease (including cattle tick fever), adverse 


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1 weather, or other conditions, such as blizzards and 

2 wildfires, as determined by the Secretary, that are 

3 not covered under subsection (b) or (c). 

4 (2) USE OF FUNDS.—Funds made available 

5 under this subsection shall be used to reduce losses 

6 caused by feed or water shortages, disease, or other 

7 factors as determined by the Secretary. 

8 (3) AVAILABILITY OF FUNDS.—Any funds made 

9 available under this subsection shall remain available 

10 until expended. 

11 (e) TREE ASSISTANCE PROGRAM.— 

12 (1) DEFINITIONS.—In this subsection: 

13 (A) ELIGIBLE ORCHARDIST.—The term 

14 ‘‘eligible orchardist’’ means a person that pro15 duces annual crops from trees for commercial 

16 purposes. 

17 (B) NATURAL DISASTER.—The term ‘‘nat18 ural disaster’’ means plant disease, insect infes19 tation, drought, fire, freeze, flood, earthquake, 

20 lightning, or other occurrence, as determined by 

21 the Secretary. 

22 (C) NURSERY TREE GROWER.—The term 

23 ‘‘nursery tree grower’’ means a person who pro24 duces nursery, ornamental, fruit, nut, or ChristVerDate Mar 15 2010 21:18 Jul 16, 2013 Jkt 029200 PO 00000 Frm 00117 Fmt 6652 Sfmt 6201 E:\BILLS\H2642.PCS H2642

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1 mas trees for commercial sale, as determined by 

2 the Secretary. 

3 (D) TREE.—The term ‘‘tree’’ includes a 

4 tree, bush, and vine. 

5 (2) ELIGIBILITY.— 

6 (A) LOSS.—Subject to subparagraph (B), 

7 for fiscal year 2012 and each succeeding fiscal 

8 year, the Secretary shall use such sums as are 

9 necessary of the funds of the Commodity Credit 

10 Corporation to provide assistance— 

11 (i) under paragraph (3) to eligible or12 chardists and nursery tree growers that 

13 planted trees for commercial purposes but 

14 lost the trees as a result of a natural dis15 aster, as determined by the Secretary; and 

16 (ii) under paragraph (3)(B) to eligible 

17 orchardists and nursery tree growers that 

18 have a production history for commercial 

19 purposes on planted or existing trees but 

20 lost the trees as a result of a natural dis21 aster, as determined by the Secretary. 

22 (B) LIMITATION.—An eligible orchardist 

23 or nursery tree grower shall qualify for assist24 ance under subparagraph (A) only if the tree 

25 mortality of the eligible orchardist or nursery 


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1 tree grower, as a result of damaging weather or 

2 related condition, exceeds 15 percent (adjusted 

3 for normal mortality). 

4 (3) ASSISTANCE.—Subject to paragraph (4), 

5 the assistance provided by the Secretary to eligible 

6 orchardists and nursery tree growers for losses de7 scribed in paragraph (2) shall consist of— 

8 (A)(i) reimbursement of 65 percent of the 

9 cost of replanting trees lost due to a natural 

10 disaster, as determined by the Secretary, in ex11 cess of 15 percent mortality (adjusted for nor12 mal mortality); or 

13 (ii) at the option of the Secretary, suffi14 cient seedlings to reestablish a stand; and 

15 (B) reimbursement of 50 percent of the 

16 cost of pruning, removal, and other costs in17 curred by an eligible orchardist or nursery tree 

18 grower to salvage existing trees or, in the case 

19 of tree mortality, to prepare the land to replant 

20 trees as a result of damage or tree mortality 

21 due to a natural disaster, as determined by the 

22 Secretary, in excess of 15 percent damage or 

23 mortality (adjusted for normal tree damage and 

24 mortality). 

25 (4) LIMITATIONS ON ASSISTANCE.— 


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1 (A) DEFINITIONS OF LEGAL ENTITY AND

2 PERSON.—In this paragraph, the terms ‘‘legal 

3 entity’’ and ‘‘person’’ have the meaning given 

4 those terms in section 1001(a) of the Food Se5 curity Act of 1985 (7 U.S.C. 1308(a)). 

6 (B) AMOUNT.—The total amount of pay7 ments received, directly or indirectly, by a per8 son or legal entity (excluding a joint venture or 

9 general partnership) under this subsection may 

10 not exceed $125,000 for any crop year, or an 

11 equivalent value in tree seedlings. 

12 (C) ACRES.—The total quantity of acres 

13 planted to trees or tree seedlings for which a 

14 person or legal entity shall be entitled to receive 

15 payments under this subsection may not exceed 

16 500 acres. 

17 (f) PAYMENT LIMITATIONS.— 

18 (1) DEFINITIONS OF LEGAL ENTITY AND PER19 SON.—In this subsection, the terms ‘‘legal entity’’ 

20 and ‘‘person’’ have the meaning given those terms in 

21 section 1001(a) of the Food Security Act of 1985 (7 

22 U.S.C. 1308(a)). 

23 (2) AMOUNT.—The total amount of disaster as24 sistance payments received, directly or indirectly, by 

25 a person or legal entity (excluding a joint venture or 


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1 general partnership) under this section (excluding 

2 payments received under subsection (e)) may not ex3 ceed $125,000 for any crop year. 

4 (3) DIRECT ATTRIBUTION.—Subsections (e) 

5 and (f) of section 1001 of the Food Security Act of 

6 1985 (7 U.S.C. 1308) or any successor provisions 

7 relating to direct attribution shall apply with respect 

8 to assistance provided under this section. 

9 SEC. 1502. NATIONAL DROUGHT COUNCIL AND NATIONAL 

10 DROUGHT POLICY ACTION PLAN. 

11 (a) DEFINITIONS.—In this section: 

12 (1) COUNCIL.—The term ‘‘Council’’ means the 

13 National Drought Council established by this sec14 tion. 

15 (2) DROUGHT.—The term ‘‘drought’’ means a 

16 natural disaster that is caused by a deficiency in 

17 precipitation— 

18 (A) that may lead to a deficiency in sur19 face and subsurface water supplies (including 

20 rivers, streams, wetlands, ground water, soil 

21 moisture, reservoir supplies, lake levels, and 

22 snow pack); and 

23 (B) that causes or may cause— 

24 (i) substantial economic or social im25 pacts; or 


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1 (ii) physical damage or injury to indi2 viduals, property, or the environment. 

3 (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

4 has the meaning given the term in section 4 of the 

5 Indian Self-Determination and Education Assistance 

6 Act (25 U.S.C. 450b). 

7 (4) MEMBER.—The term ‘‘member’’, with re8 spect to the National Drought Council, means a 

9 member of the Council specified or appointed under 

10 this section or, in the absence of the member, the 

11 member’s designee. 

12 (5) MITIGATION.—The term ‘‘mitigation’’ 

13 means a short- or long-term action, program, or pol14 icy that is implemented in advance of or during a 

15 drought to minimize any risks and impacts of 

16 drought. 

17 (6) SECRETARY.—The term ‘‘Secretary’’ means 

18 the Secretary of Agriculture. 

19 (7) STATE.—The term ‘‘State’’ means the sev20 eral States, the District of Columbia, American 

21 Samoa, Guam, the Commonwealth of the Northern 

22 Mariana Islands, the Commonwealth of Puerto Rico, 

23 and the United States Virgin Islands. 

24 (8) TRIGGER.—The term ‘‘trigger’’ means the 

25 thresholds or criteria that must be satisfied before 


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1 mitigation or emergency assistance may be provided 

2 to an area— 

3 (A) in which drought is emerging; or 

4 (B) that is experiencing a drought. 

5 (9) WATERSHED.—The term ‘‘watershed’’ 

6 means a region or area with common hydrology, an 

7 area drained by a waterway that drains into a lake 

8 or reservoir, the total area above a given point on 

9 a stream that contributes water to the flow at that 

10 point, or the topographic dividing line from which 

11 surface streams flow in two different directions. In 

12 no case shall a watershed be larger than a river 

13 basin. 

14 (10) WATERSHED GROUP.—The term ‘‘water15 shed group’’ means a group of individuals, formally 

16 recognized by the appropriate State or States, who 

17 represent the broad scope of relevant interests with18 in a watershed and who work together in a collabo19 rative manner to jointly plan the management of the 

20 natural resources contained within the watershed. 

21 (b) EFFECT OF SECTION.—This section does not af22 fect— 

23 (1) the authority of a State to allocate quan24 tities of water under the jurisdiction of the State; or 


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1 (2) any State water rights established as of the 

2 date of enactment of this Act. 

3 (c) NATIONAL DROUGHT COUNCIL.— 

4 (1) ESTABLISHMENT.—There is established in 

5 the Office of the Secretary of Agriculture a council 

6 to be known as the ‘‘National Drought Council’’. 

7 (2) MEMBERSHIP.— 

8 (A) COMPOSITION.—The Council shall be 

9 composed of— 

10 (i) the Secretary (or the designee of 

11 the Secretary); 

12 (ii) the Secretary of Commerce (or the 

13 designee of the Secretary of Commerce); 

14 (iii) the Secretary of the Army (or the 

15 designee of the Secretary of the Army); 

16 (iv) the Secretary of the Interior (or 

17 the designee of the Secretary of the Inte18 rior); 

19 (v) the Director of the Federal Emer20 gency Management Agency (or the des21 ignee of the Director); 

22 (vi) the Administrator of the Environ23 mental Protection Agency (or the designee 

24 of the Administrator); 


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1 (vii) 4 members appointed by the Sec2 retary, in coordination with the National 

3 Governors Association, each of whom shall 

4 be the Governor of a State (or the designee 

5 of the Governor) and who collectively shall 

6 represent the geographic diversity of the 

7 Nation; 

8 (viii) 1 member appointed by the Sec9 retary, in coordination with the National 

10 Association of Counties; 

11 (ix) 1 member appointed by the Sec12 retary, in coordination with the United 

13 States Conference of Mayors; 

14 (x) 1 member appointed by the Sec15 retary of the Interior, in coordination with 

16 Indian tribes, to represent the interests of 

17 tribal governments; and 

18 (xi) 1 member appointed by the Sec19 retary, in coordination with the National 

20 Association of Conservation Districts, to 

21 represent local soil and water conservation 

22 districts. 

23 (B) DATE OF APPOINTMENT.—The ap24 pointment of each member of the Council shall 


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1 be made not later than 120 days after the date 

2 of enactment of this Act. 

3 (3) TERM; VACANCIES.— 

4 (A) TERM.—A non-Federal member of the 

5 Council appointed under paragraph (2) shall be 

6 appointed for a term of two years. 

7 (B) VACANCIES.—A vacancy on the Coun8 cil— 

9 (i) shall not affect the powers of the 

10 Council; and 

11 (ii) shall be filled in the same manner 

12 as the original appointment was made. 

13 (C) TERMS OF MEMBERS FILLING VACAN14 CIES.—Any member appointed to fill a vacancy 

15 occurring before the expiration of the term for 

16 which the member’s predecessor was appointed 

17 shall be appointed only for the remainder of 

18 that term. 

19 (4) MEETINGS.— 

20 (A) IN GENERAL.—The Council shall meet 

21 at the call of the co-chairs. 

22 (B) FREQUENCY.—The Council shall meet 

23 at least semiannually. 

24 (5) QUORUM.—A majority of the members of 

25 the Council shall constitute a quorum, but a lesser 


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1 number may hold hearings or conduct other busi2 ness. 

3 (6) COUNCIL LEADERSHIP.— 

4 (A) IN GENERAL.—There shall be a Fed5 eral co-chair and non-Federal co-chair of the 

6 Council. 

7 (B) APPOINTMENT.— 

8 (i) FEDERAL CO-CHAIR.—The Sec9 retary shall be the Federal co-chair. 

10 (ii) NON-FEDERAL CO-CHAIR.—The 

11 non-Federal members of the Council shall 

12 elect, on a biannual basis, a non-Federal 

13 co-chair of the Council from among the 

14 members appointed under paragraph (2). 

15 (d) DUTIES OF THE COUNCIL.— 

16 (1) IN GENERAL.—The Council shall— 

17 (A) not later than one year after the date 

18 of the first meeting of the Council, develop a 

19 comprehensive National Drought Policy Action 

20 Plan that— 

21 (i)(I) delineates and integrates re22 sponsibilities for activities relating to 

23 drought (including drought preparedness, 

24 mitigation, research, risk management, 


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1 training, and emergency relief) among 

2 Federal agencies; and 

3 (II) ensures that those activities are 

4 coordinated with the activities of the 

5 States, local governments, Indian tribes, 

6 and neighboring countries; 

7 (ii) is consistent with— 

8 (I) this Act and other applicable 

9 Federal laws; and 

10 (II) the laws and policies of the 

11 States for water management; 

12 (iii) is integrated with drought man13 agement programs of the States, Indian 

14 tribes, local governments, watershed 

15 groups, and private entities; and 

16 (iv) avoids duplicating Federal, State, 

17 tribal, local, watershed, and private 

18 drought preparedness and monitoring pro19 grams in existence on the date of enact20 ment of this Act; 

21 (B) evaluate Federal drought-related pro22 grams in existence on the date of enactment of 

23 this Act and make recommendations to Con24 gress and the President on means of elimi25 nating— 


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1 (i) discrepancies between the goals of 

2 the programs and actual service delivery; 

3 (ii) duplication among programs; and 

4 (iii) any other circumstances that 

5 interfere with the effective operation of the 

6 programs; 

7 (C) make recommendations to the Presi8 dent, Congress, and appropriate Federal agen9 cies on— 

10 (i) the establishment of common inter11 agency triggers for authorizing Federal 

12 drought mitigation programs; and 

13 (ii) improving the consistency and 

14 fairness of assistance among Federal 

15 drought relief programs; 

16 (D) encourage and facilitate the develop17 ment of drought preparedness plans under sub18 title C, including establishing the guidelines 

19 under this section; 

20 (E) based on a review of drought prepared21 ness plans, develop and make available to the 

22 public drought planning models to reduce water 

23 resource conflicts relating to water conservation 

24 and droughts; 


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1 (F) develop and coordinate public aware2 ness activities to provide the public with access 

3 to understandable and informative materials on 

4 drought, including— 

5 (i) explanations of the causes of 

6 drought, the impacts of drought, and the 

7 damages from drought; 

8 (ii) descriptions of the value and bene9 fits of land stewardship to reduce the im10 pacts of drought and to protect the envi11 ronment; 

12 (iii) clear instructions for appropriate 

13 responses to drought, including water con14 servation, water reuse, and detection and 

15 elimination of water leaks; 

16 (iv) information on State and local 

17 laws applicable to drought; and 

18 (v) opportunities for assistance to re19 source-dependent businesses and industries 

20 in times of drought; and 

21 (G) establish operating procedures for the 

22 Council. 

23 (2) CONSULTATION.—In carrying out this sub24 section, the Council shall consult with groups af25 fected by drought emergencies. 


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1 (3) REPORTS TO CONGRESS.— 

2 (A) ANNUAL REPORT.— 

3 (i) IN GENERAL.—Not later than one 

4 year after the date of the first meeting of 

5 the Council, and annually thereafter, the 

6 Council shall submit to Congress a report 

7 on the activities carried out under this sec8 tion. 

9 (ii) INCLUSIONS.— 

10 (I) IN GENERAL.—The annual 

11 report shall include a summary of 

12 drought preparedness plans. 

13 (II) INITIAL REPORT.—The ini14 tial report submitted under subpara15 graph (A) shall include any rec16 ommendations of the Council. 

17 (B) FINAL REPORT.—Not later than seven 

18 years after the date of enactment of this Act, 

19 the Council shall submit to Congress a report 

20 that recommends— 

21 (i) amendments to this section; and 

22 (ii) whether the Council should con23 tinue. 

24 (e) POWERS OF THE COUNCIL.— 


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1 (1) HEARINGS.—The Council may hold hear2 ings, meet and act at any time and place, take any 

3 testimony and receive any evidence that the Council 

4 considers advisable to carry out this section. 

5 (2) INFORMATION FROM FEDERAL AGENCIES.— 

6 (A) IN GENERAL.—The Council may ob7 tain directly from any Federal agency any in8 formation that the Council considers necessary 

9 to carry out this section. 

10 (B) PROVISION OF INFORMATION.— 

11 (i) IN GENERAL.—Except as provided 

12 in clause (ii), on request of the Secretary 

13 or the non-Federal co-chair of the Council, 

14 the head of a Federal agency may provide 

15 information to the Council. 

16 (ii) LIMITATION.—The head of a Fed17 eral agency shall not provide any informa18 tion to the Council that the Federal agency 

19 head determines the disclosure of which 

20 may cause harm to national security inter21 ests. 

22 (3) POSTAL SERVICES.—The Council may use 

23 the United States mail in the same manner and 

24 under the same conditions as other agencies of the 

25 Federal Government. 


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1 (4) GIFTS.—The Council may accept, use, and 

2 dispose of gifts or donations of services or property. 

3 (f) COUNCIL PERSONNEL MATTERS.— 

4 (1) COMPENSATION OF MEMBERS.— 

5 (A) NON-FEDERAL EMPLOYEES.—A mem6 ber of the Council who is not an officer or em7 ployee of the Federal Government shall serve 

8 without compensation. 

9 (B) FEDERAL EMPLOYEES.—A member of 

10 the Council who is an officer or employee of the 

11 United States shall serve without compensation 

12 in addition to the compensation received for 

13 services of the member as an officer or em14 ployee of the Federal Government. 

15 (2) TRAVEL EXPENSES.—A member of the 

16 Council shall be allowed travel expenses at rates au17 thorized for an employee of an agency under sub18 chapter I of chapter 57 of title 5, United States 

19 Code, while away from the home or regular place of 

20 business of the member in the performance of the 

21 duties of the Council. 

22 (g) TERMINATION OF COUNCIL.—The Council shall 

23 terminate at the end of the eighth fiscal year beginning 

24 on or after the date of the enactment of this Act. 


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1 Subtitle F—Administration 

2 SEC. 1601. ADMINISTRATION GENERALLY. 

3 (a) USE OF COMMODITY CREDIT CORPORATION.— 

4 The Secretary of Agriculture shall use the funds, facilities, 

5 and authorities of the Commodity Credit Corporation to 

6 carry out this title. 

7 (b) DETERMINATIONS BY SECRETARY.—A deter8 mination made by the Secretary under this title shall be 

9 final and conclusive. 

10 (c) REGULATIONS.— 

11 (1) IN GENERAL.—Except as otherwise pro12 vided in this subsection, not later than 90 days after 

13 the date of enactment of this Act, the Secretary and 

14 the Commodity Credit Corporation, as appropriate, 

15 shall promulgate such regulations as are necessary 

16 to implement this title and the amendments made by 

17 this title. 

18 (2) PROCEDURE.—The promulgation of the reg19 ulations and administration of this title and the 

20 amendments made by this title and sections 10003 

21 and 10016 of this Act shall be made— 

22 (A) pursuant to section 553 of title 5, 

23 United States Code, including by interim rules 

24 effective on publication under the authority pro25 vided in subparagraph (B) of subsection (b) of 


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1 such section if the Secretary determines such 

2 interim rules to be needed and final rules, with 

3 an opportunity for notice and comment, no 

4 later than 21 months after the date of the en5 actment of this Act; 

6 (B) without regard to chapter 35 of title 

7 44, United States Code (commonly known as 

8 the ‘‘Paperwork Reduction Act’’); and 

9 (C) without regard to the Statement of 

10 Policy of the Secretary of Agriculture effective 

11 July 24, 1971 (36 Fed. Reg. 13804), relating 

12 to notices of proposed rulemaking and public 

13 participation in rulemaking. 

14 (d) ADJUSTMENT AUTHORITY RELATED TO TRADE

15 AGREEMENTS COMPLIANCE.— 

16 (1) REQUIRED DETERMINATION; ADJUST17 MENT.—If the Secretary determines that expendi18 tures under this title that are subject to the total al19 lowable domestic support levels under the Uruguay 

20 Round Agreements (as defined in section 2 of the 

21 Uruguay Round Agreements Act (19 U.S.C. 3501)) 

22 will exceed the allowable levels for any applicable re23 porting period, the Secretary shall, to the maximum 

24 extent practicable, make adjustments in the amount 


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1 of the expenditures during that period to ensure that 

2 the expenditures do not exceed the allowable levels. 

3 (2) CONGRESSIONAL NOTIFICATION.—Before 

4 making any adjustment under paragraph (1), the 

5 Secretary shall submit to the Committee on Agri6 culture of the House of Representatives and the 

7 Committee on Agriculture, Nutrition, and Forestry 

8 of the Senate a report describing the determination 

9 made under that paragraph and the extent of the 

10 adjustment to be made. 

11 SEC. 1602. REPEAL OF PERMANENT PRICE SUPPORT AU12 THORITY. 

13 (a) AGRICULTURAL ADJUSTMENT ACT OF 1938.— 

14 (1) REPEALS.—The following provisions of the 

15 Agricultural Adjustment Act of 1938 are repealed: 

16 (A) Parts II through V of subtitle B of 

17 title III (7 U.S.C. 1326 et seq.). 

18 (B) Subtitle D of title III (7 U.S.C. 1379a 

19 et seq.). 

20 (C) Title IV (7 U.S.C. 1401 et seq.). 

21 (2) INAPPLICABILITY TO UPLAND COTTON.— 

22 Section 377 of the Agricultural Adjustment Act of 

23 1938 (7 U.S.C. 1377) is amended by striking ‘‘was 

24 not fully planted’’ and inserting ‘‘was not fully 

25 planted: Provided further, That effective on the date 


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1 of the enactment of the Federal Agriculture Reform 

2 and Risk Management Act of 2013, this section 

3 shall not apply to upland cotton’’. 

4 (b) AGRICULTURAL ACT OF 1949.—The following 

5 provisions of the Agricultural Act of 1949 are repealed: 

6 (1) Section 101 (7 U.S.C. 1441). 

7 (2) Section 103(a) (7 U.S.C. 1444(a)). 

8 (3) Section 105 (7 U.S.C. 1444b). 

9 (4) Section 107 (7 U.S.C. 1445a). 

10 (5) Section 110 (7 U.S.C. 1445e). 

11 (6) Section 112 (7 U.S.C. 1445g). 

12 (7) Section 115 (7 U.S.C. 1445k). 

13 (8) Section 201 (7 U.S.C. 1446). 

14 (9) Title III (7 U.S.C. 1447 et seq.). 

15 (10) Title IV (7 U.S.C. 1421 et seq.), other 

16 than sections 404, 412, and 416 (7 U.S.C. 1424, 

17 1429, and 1431). 

18 (11) Title V (7 U.S.C. 1461 et seq.). 

19 (12) Title VI (7 U.S.C. 1471 et seq.). 

20 (c) SUSPENSION OF CERTAIN QUOTA PROVISIONS.— 

21 The joint resolution entitled ‘‘A joint resolution relating 

22 to corn and wheat marketing quotas under the Agricul23 tural Adjustment Act of 1938, as amended’’, approved 

24 May 26, 1941 (7 U.S.C. 1330, 1340), is repealed. 


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1 SEC. 1603. PAYMENT LIMITATIONS. 

2 (a) IN GENERAL.—Section 1001 of the Food Security 

3 Act of 1985 (7 U.S.C. 1308) is amended— 

4 (1) in subsection (a), by striking paragraph (3) 

5 and inserting the following: 

6 ‘‘(3) LEGAL ENTITY.— 

7 ‘‘(A) IN GENERAL.—The term ‘legal entity’ 

8 means— 

9 ‘‘(i) an organization that (subject to 

10 the requirements of this section and sec11 tion 1001A) is eligible to receive a pay12 ment under a provision of law referred to 

13 in subsection (b), (c), or (d); 

14 ‘‘(ii) a corporation, joint stock com15 pany, association, limited partnership, lim16 ited liability company, limited liability 

17 partnership, charitable organization, es18 tate, irrevocable trust, grantor of a rev19 ocable trust, or other similar entity (as de20 termined by the Secretary); and 

21 ‘‘(iii) an organization that is partici22 pating in a farming operation as a partner 

23 in a general partnership or as a participant 

24 in a joint venture. 


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1 ‘‘(B) EXCLUSION.—The term ‘legal entity’ 

2 does not include a general partnership or joint 

3 venture.’’; 

4 (2) by striking subsections (b) through (d) and 

5 inserting the following: 

6 ‘‘(b) LIMITATION ON PAYMENTS FOR COVERED COM7 MODITIES AND PEANUTS.—The total amount of payments 

8 received, directly or indirectly, by a person or legal entity 

9 for any crop year for 1 or more covered commodities and 

10 peanuts under title I of the Federal Agriculture Reform 

11 and Risk Management Act of 2013 may not exceed 

12 $125,000, of which— 

13 ‘‘(1) not more than $75,000 may consist of 

14 marketing loan gains and loan deficiency payments 

15 under subtitle B of title I of the Federal Agriculture 

16 Reform and Risk Management Act of 2013; and 

17 ‘‘(2) not more than $50,000 may consist of any 

18 other payments made for covered commodities and 

19 peanuts under title I of the Federal Agriculture Re20 form and Risk Management Act of 2013. 

21 ‘‘(c) SPOUSAL EQUITY.— 

22 ‘‘(1) IN GENERAL.—Notwithstanding subsection 

23 (b), except as provided in paragraph (2), if a person 

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1 ment or gain covered by this section, the total 

2 amount of payments or gains (as applicable) covered 

3 by this section that the person and spouse may 

4 jointly receive during any crop year may not exceed 

5 an amount equal to twice the applicable dollar 

6 amounts specified in subsection (b). 

7 ‘‘(2) EXCEPTIONS.— 

8 ‘‘(A) SEPARATE FARMING OPERATIONS.— 

9 In the case of a married couple in which each 

10 spouse, before the marriage, was separately en11 gaged in an unrelated farming operation, each 

12 spouse shall be treated as a separate person 

13 with respect to a farming operation brought 

14 into the marriage by a spouse, subject to the 

15 condition that the farming operation shall re16 main a separate farming operation, as deter17 mined by the Secretary. 

18 ‘‘(B) ELECTION TO RECEIVE SEPARATE

19 PAYMENTS.—A married couple may elect to re20 ceive payments separately in the name of each 

21 spouse if the total amount of payments and 

22 benefits described in subsection (b) that the 

23 married couple receives, directly or indirectly, 

24 does not exceed an amount equal to twice the 


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1 applicable dollar amounts specified in those 

2 subsections.’’; 

3 (3) in paragraph (3)(B) of subsection (f), by 

4 adding at the end the following: 

5 ‘‘(iii) IRREVOCABLE TRUSTS.—In pro6 mulgating regulations to define the term 

7 ‘legal entity’ as the term applies to irrev8 ocable trusts, the Secretary shall ensure 

9 that irrevocable trusts are legitimate enti10 ties that have not been created for the pur11 pose of avoiding a payment limitation.’’; 

12 and 

13 (4) in subsection (h), in the second sentence, by 

14 striking ‘‘or other entity’’ and inserting ‘‘or legal en15 tity’’. 

16 (b) CONFORMING AMENDMENTS.— 

17 (1) Section 1001 of the Food Security Act of 

18 1985 (7 U.S.C. 1308) is amended— 

19 (A) in subsection (e), by striking ‘‘sub20 sections (b) and (c)’’ each place it appears in 

21 paragraphs (1) and (3)(B) and inserting ‘‘sub22 section (b)’’; 

23 (B) in subsection (f)— 


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1 (i) in paragraph (2), by striking 

2 ‘‘Subsections (b) and (c)’’ and inserting 

3 ‘‘Subsection (b)’’; 

4 (ii) in paragraph (4)(B), by striking 

5 ‘‘subsection (b) or (c)’’ and inserting ‘‘sub6 section (b)’’; 

7 (iii) in paragraph (5)— 

8 (I) in subparagraph (A), by strik9 ing ‘‘subsection (d)’’; and 

10 (II) in subparagraph (B), by 

11 striking ‘‘subsection (b), (c), or (d)’’ 

12 and inserting ‘‘subsection (b)’’; and 

13 (iv) in paragraph (6)— 

14 (I) in subparagraph (A), by strik15 ing ‘‘Notwithstanding subsection (d), 

16 except as provided in subsection (g)’’ 

17 and inserting ‘‘Except as provided in 

18 subsection (f)’’; and 

19 (II) in subparagraph (B), by 

20 striking ‘‘subsections (b), (c), and 

21 (d)’’ and inserting ‘‘subsection (b)’’; 

22 (C) in subsection (g)— 

23 (i) in paragraph (1)— 


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1 (I) by striking ‘‘subsection 

2 (f)(6)(A)’’ and inserting ‘‘subsection 

3 (e)(6)(A)’’; and 

4 (II) by striking ‘‘subsection (b) 

5 or (c)’’ and inserting ‘‘subsection (b)’’; 

6 and 

7 (ii) in paragraph (2)(A), by striking 

8 ‘‘subsections (b) and (c)’’ and inserting 

9 ‘‘subsection (b)’’; and 

10 (D) by redesignating subsections (e) 

11 through (h) as subsections (d) through (g), re12 spectively. 

13 (2) Section 1001A of the Food Security Act of 

14 1985 (7 U.S.C. 1308–1) is amended— 

15 (A) in subsection (a), by striking ‘‘sub16 sections (b) and (c) of section 1001’’ and in17 serting ‘‘section 1001(b)’’; and 

18 (B) in subsection (b)(1), by striking ‘‘sub19 section (b) or (c) of section 1001’’ and inserting 

20 ‘‘section 1001(b)’’. 

21 (3) Section 1001B(a) of the Food Security Act 

22 of 1985 (7 U.S.C. 1308–2(a)) is amended in the 

23 matter preceding paragraph (1) by striking ‘‘sub24 sections (b) and (c) of section 1001’’ and inserting 

25 ‘‘section 1001(b)’’. 


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1 (c) APPLICATION.—The amendments made by this 

2 section shall apply beginning with the 2014 crop year. 

3 SEC. 1603A. PAYMENTS LIMITED TO ACTIVE FARMERS. 

4 Section 1001A of the Food Security Act of 1985 (7 

5 U.S.C. 1308–1) is amended— 

6 (1) in subsection (b)(2)— 

7 (A) by striking ‘‘or active personal man8 agement’’ each place it appears in subpara9 graphs (A)(i)(II) and (B)(ii); and 

10 (B) in subparagraph (C), by striking ‘‘, as 

11 applied to the legal entity, are met by the legal 

12 entity, the partners or members making a sig13 nificant contribution of personal labor or active 

14 personal management’’ and inserting ‘‘are met 

15 by partners or members making a significant 

16 contribution of personal labor, those partners or 

17 members’’; and 

18 (2) in subsection (c)— 

19 (A) in paragraph (1)— 

20 (i) by striking subparagraph (A) and 

21 inserting the following: 

22 ‘‘(A) the landowner share-rents the land at 

23 a rate that is usual and customary;’’; 


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1 (ii) in subparagraph (B), by striking 

2 the period at the end and inserting ‘‘; 

3 and’’; and 

4 (iii) by adding at the end the fol5 lowing: 

6 ‘‘(C) the share of the payments received by 

7 the landowner is commensurate with the share 

8 of the crop or income received as rent.’’; 

9 (B) in paragraph (2)(A), by striking ‘‘ac10 tive personal management or’’; 

11 (C) in paragraph (5)— 

12 (i) by striking ‘‘(5)’’ and all that fol13 lows through ‘‘(A) IN GENERAL.—A per14 son’’ and inserting the following: 

15 ‘‘(5) CUSTOM FARMING SERVICES.—A person’’; 

16 (ii) by inserting ‘‘under usual and 

17 customary terms’’ after ‘‘services’’; and 

18 (iii) by striking subparagraph (B); 

19 and 

20 (D) by adding at the end the following: 

21 ‘‘(7) FARM MANAGERS.—A person who other22 wise meets the requirements of this subsection other 

23 than (b)(2)(A)(i)(II) shall be considered to be ac24 tively engaged in farming, as determined by the Sec25 retary, with respect to the farming operation, includVerDate Mar 15 2010 21:18 Jul 16, 2013 Jkt 029200 PO 00000 Frm 00145 Fmt 6652 Sfmt 6201 E:\BILLS\H2642.PCS H2642

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1 ing a farming operation that is a sole proprietorship, 

2 a legal entity such as a joint venture or general 

3 partnership, or a legal entity such as a corporation 

4 or limited partnership, if the person— 

5 ‘‘(A) makes a significant contribution of 

6 management to the farming operation necessary 

7 for the farming operation, taking into ac8 count— 

9 ‘‘(i) the size and complexity of the 

10 farming operation; and 

11 ‘‘(ii) the management requirements 

12 normally and customarily required by simi13 lar farming operations; 

14 ‘‘(B)(i) is the only person in the farming 

15 operation qualifying as actively engaged in 

16 farming by using the farm manager special 

17 class designation under this paragraph; and 

18 ‘‘(ii) together with any other persons in the 

19 farming operation qualifying as actively en20 gaged in farming under subsection (b)(2) or as 

21 part of a special class under this subsection, 

22 does not collectively receive, directly or indi23 rectly, an amount equal to more than the appli24 cable limits under section 1001(b); 


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1 ‘‘(C) does not use the management con2 tribution under this paragraph to qualify as ac3 tively engaged in more than 1 farming oper4 ation; and 

5 ‘‘(D) manages a farm operation that does 

6 not substantially share equipment, labor, or 

7 management with persons or legal entities that 

8 with the person collectively receive, directly or 

9 indirectly, an amount equal to more than the 

10 applicable limits under section 1001(b).’’. 

11 SEC. 1604. ADJUSTED GROSS INCOME LIMITATION. 

12 (a) LIMITATIONS AND COVERED BENEFITS.—Section 

13 1001D(b) of the Food Security Act of 1985 (7 U.S.C. 

14 1308–3a(b)) is amended— 

15 (1) in the subsection heading, by striking ‘‘LIM16 ITATIONS’’ and inserting ‘‘LIMITATIONS ON COM17 MODITY AND CONSERVATION PROGRAMS’’; 

18 (2) by striking paragraphs (1) and (2) and in19 serting the following new paragraphs: 

20 ‘‘(1) LIMITATION.—Notwithstanding any other 

21 provision of law, a person or legal entity shall not 

22 be eligible to receive any benefit described in para23 graph (2) during a crop, fiscal, or program year, as 

24 appropriate, if the average adjusted gross income of 

25 the person or legal entity exceeds $950,000. 


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1 ‘‘(2) COVERED BENEFITS.—Paragraph (1) ap2 plies with respect to a payment or benefit under sub3 title A, B, or E of title I, or title II of the Federal 

4 Agriculture Reform and Risk Management Act of 

5 2013, title II of the Farm Security and Rural In6 vestment Act of 2002, title II of the Food, Con7 servation, and Energy Act of 2008, title XII of the 

8 Food Security Act of 1985, section 524(b) of the 

9 Federal Crop Insurance Act (7 U.S.C. 1524(b)), or 

10 section 196 of the Federal Agriculture Improvement 

11 and Reform Act of 1996 (7 U.S.C. 7333).’’. 

12 (b) ELIMINATION OF UNUSED DEFINITIONS.—Para13 graph (1) of section 1001D(a) of the Food Security Act 

14 of 1985 (7 U.S.C. 1308–3a(a)) is amended to read as fol15 lows: 

16 ‘‘(1) AVERAGE ADJUSTED GROSS INCOME.—In 

17 this section, the term ‘average adjusted gross in18 come’, with respect to a person or legal entity, 

19 means the average of the adjusted gross income or 

20 comparable measure of the person or legal entity 

21 over the 3 taxable years preceding the most imme22 diately preceding complete taxable year, as deter23 mined by the Secretary.’’. 


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1 (c) INCOME DETERMINATION.—Section 1001D of the 

2 Food Security Act of 1985 (7 U.S.C. 1308–3a) is amend3 ed— 

4 (1) by striking subsection (c); and 

5 (2) by redesignating subsections (d), (e), and 

6 (f) as subsections (c), (d), and (e), respectively. 

7 (d) CONFORMING AMENDMENTS.—Section 1001D of 

8 the Food Security Act of 1985 (7 U.S.C. 1308–3a) is 

9 amended— 

10 (1) in subsection (a)(2)— 

11 (A) by striking ‘‘subparagraph (A) or (B) 

12 of’’; and 

13 (B) by striking ‘‘, the average adjusted 

14 gross farm income, and the average adjusted 

15 gross nonfarm income’’; 

16 (2) in subsection (a)(3), by striking ‘‘, average 

17 adjusted gross farm income, and average adjusted 

18 gross nonfarm income’’ both places it appears; 

19 (3) in subsection (c) (as redesignated by sub20 section (c)(2) of this section)— 

21 (A) in paragraph (1), by striking ‘‘, aver22 age adjusted gross farm income, and average 

23 adjusted gross nonfarm income’’ both places it 

24 appears; and 


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1 (B) in paragraph (2), by striking ‘‘para2 graphs (1)(C) and (2)(B) of subsection (b)’’ 

3 and inserting ‘‘subsection (b)(2)’’; and 

4 (4) in subsection (d) (as redesignated by sub5 section (c)(2) of this section)— 

6 (A) by striking ‘‘paragraphs (1)(C) and 

7 (2)(B) of subsection (b)’’ and inserting ‘‘sub8 section (b)(2)’’; and 

9 (B) by striking ‘‘, average adjusted gross 

10 farm income, or average adjusted gross non11 farm income’’. 

12 (e) EFFECTIVE PERIOD.—Subsection (e) of section 

13 1001D of the Food Security Act of 1985 (7 U.S.C. 1308– 

14 3a), as redesignated by subsection (c)(2) of this section, 

15 is repealed. 

16 (f) LIMITATION ON APPLICABILITY.—Section 

17 1001(d) of the Food Security Act of 1985 (7 U.S.C. 1308) 

18 is amended by inserting before the period at the end the 

19 following: ‘‘or title I of the Federal Agriculture Reform 

20 and Risk Management Act of 2013’’. 

21 (g) TRANSITION.—Section 1001D of the Food Secu22 rity Act of 1985 (7 U.S.C. 1308–3a), as in effect on the 

23 day before the date of the enactment of this Act, shall 

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1 graphs (1)(C) and (2)(B) of subsection (b) of that section 

2 (as so in effect on that day). 

3 SEC. 1605. GEOGRAPHICALLY DISADVANTAGED FARMERS 

4 AND RANCHERS. 

5 Section 1621(d) of the Food, Conservation, and En6 ergy Act of 2008 (7 U.S.C. 8792(d)) is amended by strik7 ing ‘‘each of fiscal years 2009 through 2012’’ and insert8 ing ‘‘fiscal year 2009 and each succeeding fiscal year’’. 

9 SEC. 1606. PERSONAL LIABILITY OF PRODUCERS FOR DEFI10 CIENCIES. 

11 Section 164 of the Federal Agriculture Improvement 

12 and Reform Act of 1996 (7 U.S.C. 7284) is amended by 

13 striking ‘‘and title I of the Food, Conservation, and En14 ergy Act of 2008’’ each place it appears and inserting 

15 ‘‘title I of the Food, Conservation, and Energy Act of 

16 2008 (7 U.S.C. 8702 et seq.), and title I of the Federal 

17 Agriculture Reform and Risk Management Act of 2013’’. 

18 SEC. 1607. PREVENTION OF DECEASED INDIVIDUALS RE19 CEIVING PAYMENTS UNDER FARM COM20 MODITY PROGRAMS. 

21 (a) RECONCILIATION.—At least twice each year, the 

22 Secretary shall reconcile Social Security numbers of all in23 dividuals who receive payments under this title, whether 

24 directly or indirectly, with the Commissioner of Social Se25 curity to determined if the individuals are alive. 


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1 (b) PRECLUSION.—The Secretary shall preclude the 

2 issuance of payments to, and on behalf of, deceased indi3 viduals that were not eligible for payments. 

4 SEC. 1608. TECHNICAL CORRECTIONS. 

5 (a) MISSING PUNCTUATION.—Section 359f(c)(1)(B) 

6 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 

7 1359ff(c)(1)(B)) is amended by adding a period at the 

8 end. 

9 (b) ERRONEOUS CROSS REFERENCE.— 

10 (1) AMENDMENT.—Section 1603(g) of the 

11 Food, Conservation, and Energy Act of 2008 (Public 

12 Law 110–246; 122 Stat. 1739) is amended in para13 graphs (2) through (6) and the amendments made 

14 by those paragraphs by striking ‘‘1703(a)’’ each 

15 place it appears and inserting ‘‘1603(a)’’. 

16 (2) EFFECTIVE DATE.—This subsection and the 

17 amendments made by this subsection take effect as 

18 if included in the Food, Conservation, and Energy 

19 Act of 2008 (Public Law 110–246; 122 Stat. 1651). 

20 (c) CONTINUED APPLICABILITY OF APPROPRIATIONS

21 GENERAL PROVISION.—Section 767 of division A of Pub22 lic Law 108–7 (7 U.S.C. 7911 note; 117 Stat. 48) is 

23 amended— 

24 (1) in subsection (a)— 


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1 (A) by striking ‘‘sections 1101 and 1102 of 

2 Public Law 107–171’’ and inserting ‘‘subtitle A 

3 of title I of the Federal Agriculture Reform and 

4 Risk Management Act of 2013’’; and 

5 (B) by striking ‘‘such section 1102’’ and 

6 inserting ‘‘such subtitle’’; and 

7 (2) by striking subsection (b) and inserting the 

8 following new subsection: 

9 ‘‘(b) This section, as amended by section 1608(c) of 

10 the Federal Agriculture Reform and Risk Management 

11 Act of 2013, shall take effect beginning with the 2014 

12 crop year.’’. 

13 SEC. 1609. ASSIGNMENT OF PAYMENTS. 

14 (a) IN GENERAL.—The provisions of section 8(g) of 

15 the Soil Conservation and Domestic Allotment Act (16 

16 U.S.C. 590h(g)), relating to assignment of payments, shall 

17 apply to payments made under this title. 

18 (b) NOTICE.—The producer making the assignment, 

19 or the assignee, shall provide the Secretary with notice, 

20 in such manner as the Secretary may require, of any as21 signment made under this section. 

22 SEC. 1610. TRACKING OF BENEFITS. 

23 As soon as practicable after the date of enactment 

24 of this Act, the Secretary may track the benefits provided, 


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1 directly or indirectly, to individuals and entities under ti2 tles I and II and the amendments made by those titles. 

3 SEC. 1611. SIGNATURE AUTHORITY. 

4 (a) IN GENERAL.—In carrying out this title and title 

5 II and amendments made by those titles, if the Secretary 

6 approves a document, the Secretary shall not subsequently 

7 determine the document is inadequate or invalid because 

8 of the lack of authority of any person signing the docu9 ment on behalf of the applicant or any other individual, 

10 entity, general partnership, or joint venture, or the docu11 ments relied upon were determined inadequate or invalid, 

12 unless the person signing the program document know13 ingly and willfully falsified the evidence of signature au14 thority or a signature. 

15 (b) AFFIRMATION.— 

16 (1) IN GENERAL.—Nothing in this section pro17 hibits the Secretary from asking a proper party to 

18 affirm any document that otherwise would be consid19 ered approved under subsection (a). 

20 (2) NO RETROACTIVE EFFECT.—A denial of 

21 benefits based on a lack of affirmation under para22 graph (1) shall not be retroactive with respect to 

23 third-party producers who were not the subject of 

24 the erroneous representation of authority, if the 

25 third-party producers— 


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1 (A) relied on the prior approval by the Sec2 retary of the documents in good faith; and 

3 (B) substantively complied with all pro4 gram requirements. 

5 SEC. 1612. IMPLEMENTATION. 

6 (a) STREAMLINING.—In implementing this title, the 

7 Secretary shall, to the maximum extent practicable— 

8 (1) seek to reduce administrative burdens and 

9 costs to producers by streamlining and reducing pa10 perwork, forms, and other administrative require11 ments; 

12 (2) improve coordination, information sharing, 

13 and administrative work with the Risk Management 

14 Agency and the Natural Resources Conservation 

15 Service; and 

16 (3) take advantage of new technologies to en17 hance efficiency and effectiveness of program deliv18 ery to producers. 

19 (b) MAINTENANCE OF BASE ACRES AND PAYMENT

20 YIELDS.— 

21 (1) IN GENERAL.—The Secretary shall main22 tain, for each covered commodity and upland cotton, 

23 base acres and payment yields on a farm established 

24 under— 


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1 (A)(i) in the case of covered commodities 

2 and upland cotton, sections 1101 and 1102 of 

3 the Farm Security and Rural Investment Act of 

4 2002 (7 U.S.C. 7911, 7912); and 

5 (ii) in the case of peanuts, section 1302 of 

6 that Act (7 U.S.C. 7952); and 

7 (B)(i) in the case of covered commodities 

8 and upland cotton, sections 1101 and 1102 of 

9 the Food, Conservation, and Energy Act of 

10 2008 (7 U.S.C. 8711, 8712); and 

11 (ii) in the case of peanuts, section 1302 of 

12 that Act (7 U.S.C. 8752). 

13 (2) SPECIAL RULE FOR LONG GRAIN AND ME14 DIUM GRAIN RICE.— 

15 (A) IN GENERAL.—The Secretary shall 

16 maintain separate base acres for long grain rice 

17 and medium grain rice. 

18 (B) LIMITATION.—In carrying out this 

19 paragraph, the Secretary shall use the same 

20 total base acres and payment yields established 

21 with respect to rice under sections 1108 of the 

22 Food, Conservation, and Energy Act of 2008 (7 

23 U.S.C. 8718), as in effect on the day before the 

24 date of enactment of this Act, subject to any 

25 adjustment under section 1105. 


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1 (c) IMPLEMENTATION.—The Secretary shall make 

2 available to the Farm Service Agency to carry out this 

3 title $100,000,000. 

4 SEC. 1613. PROTECTION OF PRODUCER INFORMATION. 

5 (a) PROHIBITION OF PUBLIC DISCLOSURE OF PRO6 TECTED INFORMATION.—Except as provided in subsection 

7 (b), the Secretary, any officer or employee of the Depart8 ment of Agriculture, any contractor or cooperator of the 

9 Department, and any officer or employee of another Fed10 eral agency shall not disclose— 

11 (1) information submitted by a producer or 

12 owner of agricultural land to the Federal Govern13 ment pursuant to title I or II of this Act; or 

14 (2) other information provided by a producer or 

15 owner of agricultural land concerning the agricul16 tural operation, farming or conservation practices, or 

17 the land itself in order to participate in programs of 

18 the Department of Agriculture or other Federal 

19 agencies. 

20 (b) EXCEPTIONS.—Information described in sub21 section (a) may be disclosed if— 

22 (1) the information is required to be made pub23 licly available under any other provision of Federal 

24 law; 


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1 (2) the producer or owner of agricultural land 

2 who provided the information has lawfully publicly 

3 disclosed the information; 

4 (3) the producer or owner of agricultural land 

5 who provided the information consents to the disclo6 sure; or 

7 (4) the information is disclosed to the Attorney 

8 General, to the extent necessary, to ensure compli9 ance and law enforcement. 

10 (c) NOTICE OF DISCLOSURE.—Any disclosure of in11 formation pursuant to an exception provided in subsection 

12 (b) shall be reported to the Committee on Agriculture of 

13 the House of Representatives and the Committee on Agri14 culture, Nutrition, and Forestry of the Senate within 24 

15 hours after the disclosure. 

16 (d) PRODUCER DEFINED.—In this section, the term 

17 ‘‘producer’’ has the meaning given that term in section 

18 1104(14) of this Act. 


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1 TITLE II—CONSERVATION 

2 Subtitle A—Conservation Reserve 

3 Program 

4 SEC. 2001. EXTENSION AND ENROLLMENT REQUIREMENTS 

5 OF CONSERVATION RESERVE PROGRAM. 

6 (a) EXTENSION.—Section 1231(a) of the Food Secu7 rity Act of 1985 (16 U.S.C. 3831(a)) is amended by strik8 ing ‘‘2012’’ and inserting ‘‘2018’’. 

9 (b) ELIGIBLE LAND.—Section 1231(b) of the Food 

10 Security Act of 1985 (16 U.S.C. 3831(b)) is amended— 

11 (1) in paragraph (1)(B), by striking ‘‘the date 

12 of enactment of the Food, Conservation, and Energy 

13 Act of 2008’’ and inserting ‘‘the date of the enact14 ment of the Federal Agriculture Reform and Risk 

15 Management Act of 2013’’; 

16 (2) by striking paragraph (2) and redesignating 

17 paragraph (3) as paragraph (2); 

18 (3) by inserting before paragraph (4) the fol19 lowing new paragraph: 

20 ‘‘(3) grasslands that— 

21 ‘‘(A) contain forbs or shrubland (including 

22 improved rangeland and pastureland) for which 

23 grazing is the predominant use; 

24 ‘‘(B) are located in an area historically 

25 dominated by grasslands; and 


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1 ‘‘(C) could provide habitat for animal and 

2 plant populations of significant ecological value 

3 if the land is retained in its current use or re4 stored to a natural condition;’’; 

5 (4) in paragraph (4)(C), by striking 

6 ‘‘filterstrips devoted to trees or shrubs’’ and insert7 ing ‘‘filterstrips or riparian buffers devoted to trees, 

8 shrubs, or grasses’’; and 

9 (5) by striking paragraph (5) and inserting the 

10 following new paragraph: 

11 ‘‘(5) the portion of land in a field not enrolled 

12 in the conservation reserve in a case in which— 

13 ‘‘(A) more than 50 percent of the land in 

14 the field is enrolled as a buffer or filterstrip, or 

15 more than 75 percent of the land in the field 

16 is enrolled as a conservation practice other than 

17 as a buffer or filterstrip; and 

18 ‘‘(B) the remainder of the field is— 

19 ‘‘(i) infeasible to farm; and 

20 ‘‘(ii) enrolled at regular rental rates.’’. 

21 (c) PLANTING STATUS OF CERTAIN LAND.—Section 

22 1231(c) of the Food Security Act of 1985 (16 U.S.C. 

23 3831(c)) is amended by striking ‘‘if’’ and all that follows 

24 through the period at the end and inserting ‘‘if, during 

25 the crop year, the land was devoted to a conserving use.’’. 


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1 (d) ENROLLMENT.—Subsection (d) of section 1231 

2 of the Food Security Act of 1985 (16 U.S.C. 3831) is 

3 amended to read as follows: 

4 ‘‘(d) ENROLLMENT.— 

5 ‘‘(1) MAXIMUM ACREAGE ENROLLED.—The 

6 Secretary may maintain in the conservation reserve 

7 at any one time during— 

8 ‘‘(A) fiscal year 2014, no more than 

9 27,500,000 acres; 

10 ‘‘(B) fiscal year 2015, no more than 

11 26,000,000 acres; 

12 ‘‘(C) fiscal year 2016, no more than 

13 25,000,000 acres; 

14 ‘‘(D) fiscal year 2017, no more than 

15 24,000,000 acres; and 

16 ‘‘(E) fiscal year 2018, no more than 

17 24,000,000 acres. 

18 ‘‘(2) GRASSLANDS.— 

19 ‘‘(A) LIMITATION.—For purposes of apply20 ing the limitations in paragraph (1), no more 

21 than 2,000,000 acres of the land described in 

22 subsection (b)(3) may be enrolled in the pro23 gram at any one time during the 2014 through 

24 2018 fiscal years. 


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1 ‘‘(B) PRIORITY.—In enrolling acres under 

2 subparagraph (A), the Secretary may give pri3 ority to land with expiring conservation reserve 

4 program contracts. 

5 ‘‘(C) METHOD OF ENROLLMENT.—In en6 rolling acres under subparagraph (A), the Sec7 retary shall make the program available to own8 ers or operators of eligible land on a continuous 

9 enrollment basis with one or more ranking peri10 ods.’’. 

11 (e) DURATION OF CONTRACT.—Section 1231(e) of 

12 the Food Security Act of 1985 (16 U.S.C. 3831(e)) is 

13 amended by striking paragraphs (2) and (3) and inserting 

14 the following new paragraph: 

15 ‘‘(2) SPECIAL RULE FOR CERTAIN LAND.—In 

16 the case of land devoted to hardwood trees, 

17 shelterbelts, windbreaks, or wildlife corridors under 

18 a contract entered into under this subchapter, the 

19 owner or operator of the land may, within the limita20 tions prescribed under paragraph (1), specify the du21 ration of the contract.’’. 

22 (f) CONSERVATION PRIORITY AREAS.—Section 

23 1231(f) of the Food Security Act of 1985 (16 U.S.C. 

24 3831(f)) is amended— 


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1 (1) in paragraph (1), by striking ‘‘watershed 

2 areas of the Chesapeake Bay Region, the Great 

3 Lakes Region, the Long Island Sound Region, and 

4 other’’; 

5 (2) in paragraph (2), by striking ‘‘WATER6 SHEDS.—Watersheds’’ and inserting ‘‘AREAS.— 

7 Areas’’; and 

8 (3) in paragraph (3), by striking ‘‘a watershed’s 

9 designation—’’ and all that follows through the pe10 riod at the end and inserting ‘‘an area’s designation 

11 if the Secretary finds that the area no longer con12 tains actual and significant adverse water quality or 

13 habitat impacts related to agricultural production 

14 activities.’’. 

15 SEC. 2002. FARMABLE WETLAND PROGRAM. 

16 (a) EXTENSION.—Section 1231B(a)(1) of the Food 

17 Security Act of 1985 (16 U.S.C. 3831b(a)(1)) is amend18 ed— 

19 (1) by striking ‘‘2012’’ and inserting ‘‘2018’’; 

20 and 

21 (2) by striking ‘‘a program’’ and inserting ‘‘a 

22 farmable wetland program’’. 

23 (b) ELIGIBLE ACREAGE.—Section 1231B(b)(1)(B) of 

24 the Food Security Act of 1985 (16 U.S.C. 

25 3831b(b)(1)(B)) is amended by striking ‘‘flow from a row 


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1 crop agriculture drainage system’’ and inserting ‘‘surface 

2 and subsurface flow from row crop agricultural produc3 tion’’. 

4 (c) ACREAGE LIMITATION.—Section 1231B(c)(1)(B) 

5 of the Food Security Act of 1985 (16 U.S.C. 

6 3831b(c)(1)(B)) is amended by striking ‘‘1,000,000’’ and 

7 inserting ‘‘750,000’’. 

8 (d) CLERICAL AMENDMENT.—The heading of section 

9 1231B of the Food Security Act of 1985 (16 U.S.C. 

10 3831b) is amended to read as follows: ‘‘FARMABLE WET11 LAND PROGRAM.’’. 

12 SEC. 2003. DUTIES OF OWNERS AND OPERATORS. 

13 (a) LIMITATION ON HARVESTING, GRAZING, OR COM14 MERCIAL USE OF FORAGE.—Section 1232(a)(8) of the 

15 Food Security Act of 1985 (16 U.S.C. 3832(a)(8)) is 

16 amended by striking ‘‘except that’’ and all that follows 

17 through the semicolon at the end of the paragraph and 

18 inserting ‘‘except as provided in subsection (b) or (c) of 

19 section 1233;’’. 

20 (b) CONSERVATION PLAN REQUIREMENTS.—Sub21 section (b) of section 1232 of the Food Security Act of 

22 1985 (16 U.S.C. 3832) is amended to read as follows: 

23 ‘‘(b) CONSERVATION PLANS.—The plan referred to 

24 in subsection (a)(1) shall set forth— 


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1 ‘‘(1) the conservation measures and practices to 

2 be carried out by the owner or operator during the 

3 term of the contract; and 

4 ‘‘(2) the commercial use, if any, to be permitted 

5 on the land during the term.’’. 

6 (c) RENTAL PAYMENT REDUCTION.—Section 1232 

7 of the Food Security Act of 1985 (16 U.S.C. 3832) is 

8 amended by striking subsection (d). 

9 SEC. 2004. DUTIES OF THE SECRETARY. 

10 Section 1233 of the Food Security Act of 1985 (16 

11 U.S.C. 3833) is amended to read as follows: 

12 ‘‘SEC. 1233. DUTIES OF THE SECRETARY. 

13 ‘‘(a) COST-SHARE AND RENTAL PAYMENTS.—In re14 turn for a contract entered into by an owner or operator 

15 under the conservation reserve program, the Secretary 

16 shall— 

17 ‘‘(1) share the cost of carrying out the con18 servation measures and practices set forth in the 

19 contract for which the Secretary determines that 

20 cost sharing is appropriate and in the public inter21 est; and 

22 ‘‘(2) for a period of years not in excess of the 

23 term of the contract, pay an annual rental payment 

24 in an amount necessary to compensate for— 


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1 ‘‘(A) the conversion of highly erodible crop2 land or other eligible lands normally devoted to 

3 the production of an agricultural commodity on 

4 a farm or ranch to a less intensive use; 

5 ‘‘(B) the retirement of any base history 

6 that the owner or operator agrees to retire per7 manently; and 

8 ‘‘(C) the development and management of 

9 grasslands for multiple natural resource con10 servation benefits, including to soil, water, air, 

11 and wildlife. 

12 ‘‘(b) SPECIFIED ACTIVITIES PERMITTED.—The Sec13 retary shall permit certain activities or commercial uses 

14 of land that is subject to a contract under the conservation 

15 reserve program in a manner that is consistent with a plan 

16 approved by the Secretary, as follows: 

17 ‘‘(1) Harvesting, grazing, or other commercial 

18 use of the forage in response to a drought or other 

19 emergency created by a natural disaster, without 

20 any reduction in the rental rate. 

21 ‘‘(2) Consistent with the conservation of soil, 

22 water quality, and wildlife habitat (including habitat 

23 during nesting seasons for birds in the area), and in 

24 exchange for a reduction of not less than 25 percent 


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1 in the annual rental rate for the acres covered by 

2 the authorized activity— 

3 ‘‘(A) managed harvesting and other com4 mercial use (including the managed harvesting 

5 of biomass), except that in permitting managed 

6 harvesting, the Secretary, in coordination with 

7 the State technical committee— 

8 ‘‘(i) shall develop appropriate vegeta9 tion management requirements; and 

10 ‘‘(ii) shall identify periods during 

11 which managed harvesting may be con12 ducted, such that the frequency is not 

13 more than once every three years; 

14 ‘‘(B) routine grazing or prescribed grazing 

15 for the control of invasive species, except that 

16 in permitting such routine grazing or prescribed 

17 grazing, the Secretary, in coordination with the 

18 State technical committee— 

19 ‘‘(i) shall develop appropriate vegeta20 tion management requirements and stock21 ing rates for the land that are suitable for 

22 continued routine grazing; and 

23 ‘‘(ii) shall identify the periods during 

24 which routine grazing may be conducted, 

25 such that the frequency is not more than 


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1 once every two years, taking into consider2 ation regional differences such as— 

3 ‘‘(I) climate, soil type, and nat4 ural resources; 

5 ‘‘(II) the number of years that 

6 should be required between routine 

7 grazing activities; and 

8 ‘‘(III) how often during a year in 

9 which routine grazing is permitted 

10 that routine grazing should be allowed 

11 to occur; and 

12 ‘‘(C) the installation of wind turbines and 

13 associated access, except that in permitting the 

14 installation of wind turbines, the Secretary shall 

15 determine the number and location of wind tur16 bines that may be installed, taking into ac17 count— 

18 ‘‘(i) the location, size, and other phys19 ical characteristics of the land; 

20 ‘‘(ii) the extent to which the land con21 tains wildlife and wildlife habitat; and 

22 ‘‘(iii) the purposes of the conservation 

23 reserve program under this subchapter. 

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1 duction on lands adjacent to the buffer such that the 

2 permitted use does not destroy the permanent vege3 tative cover. 

4 ‘‘(c) AUTHORIZED ACTIVITIES ON GRASSLANDS.— 

5 For eligible land described in section 1231(b)(3), the Sec6 retary shall permit the following activities: 

7 ‘‘(1) Common grazing practices, including 

8 maintenance and necessary cultural practices, on the 

9 land in a manner that is consistent with maintaining 

10 the viability of grassland, forb, and shrub species ap11 propriate to that locality. 

12 ‘‘(2) Haying, mowing, or harvesting for seed 

13 production, subject to appropriate restrictions dur14 ing the nesting season for critical bird species in the 

15 area. 

16 ‘‘(3) Fire presuppression, fire-related rehabilita17 tion, and construction of fire breaks. 

18 ‘‘(4) Grazing-related activities, such as fencing 

19 and livestock watering. 

20 ‘‘(d) RESOURCE CONSERVING USE.— 

21 ‘‘(1) IN GENERAL.—Beginning on the date that 

22 is 1 year before the date of termination of a contract 

23 under the program, the Secretary shall allow an 

24 owner or operator to make conservation and land 


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1 improvements that facilitate maintaining protection 

2 of enrolled land after expiration of the contract. 

3 ‘‘(2) CONSERVATION PLAN.—The Secretary 

4 shall require an owner or operator carrying out the 

5 activities described in paragraph (1) to develop and 

6 implement a conservation plan. 

7 ‘‘(3) RE-ENROLLMENT PROHIBITED.—Land im8 proved under paragraph (1) may not be re-enrolled 

9 in the conservation reserve program for 5 years after 

10 the date of termination of the contract.’’. 

11 SEC. 2005. PAYMENTS. 

12 (a) TREES, WINDBREAKS, SHELTERBELTS, AND

13 WILDLIFE CORRIDORS.—Section 1234(b)(3)(A) of the 

14 Food Security Act of 1985 (16 U.S.C. 3834(b)(3)(A)) is 

15 amended— 

16 (1) in clause (i), by inserting ‘‘and’’ after the 

17 semicolon; 

18 (2) by striking clause (ii); and 

19 (3) by redesignating clause (iii) as clause (ii). 

20 (b) ANNUAL RENTAL PAYMENTS.—Section 1234(c) 

21 of the Food Security Act of 1985 (16 U.S.C. 3834(c)) is 

22 amended— 

23 (1) in paragraph (1), by inserting ‘‘or other eli24 gible lands’’ after ‘‘highly erodible cropland’’ both 

25 places it appears; and 


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1 (2) by striking paragraph (2) and inserting the 

2 following new paragraph: 

3 ‘‘(2) METHODS OF DETERMINATION.— 

4 ‘‘(A) IN GENERAL.—The amounts payable 

5 to owners or operators in the form of rental 

6 payments under contracts entered into under 

7 this subchapter may be determined through— 

8 ‘‘(i) the submission of bids for such 

9 contracts by owners and operators in such 

10 manner as the Secretary may prescribe; or 

11 ‘‘(ii) such other means as the Sec12 retary determines are appropriate. 

13 ‘‘(B) GRASSLANDS.—In the case of eligible 

14 land described in section 1231(b)(3), the Sec15 retary shall make annual payments in an 

16 amount that is not more than 75 percent of the 

17 grazing value of the land covered by the con18 tract.’’. 

19 (c) PAYMENT SCHEDULE.—Subsection (d) of section 

20 1234 of the Food Security Act of 1985 (16 U.S.C. 3834) 

21 is amended to read as follows: 

22 ‘‘(d) PAYMENT SCHEDULE.— 

23 ‘‘(1) IN GENERAL.—Except as otherwise pro24 vided in this section, payments under this sub25 chapter shall be made in cash in such amount and 


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1 on such time schedule as is agreed on and specified 

2 in the contract. 

3 ‘‘(2) ADVANCE PAYMENT.—Payments under 

4 this subchapter may be made in advance of deter5 mination of performance.’’. 

6 (d) PAYMENT LIMITATION.—Section 1234(f) of the 

7 Food Security Act of 1985 (16 U.S.C. 3834(f)) is amend8 ed— 

9 (1) in paragraph (1), by striking ‘‘, including 

10 rental payments made in the form of in-kind com11 modities,’’; 

12 (2) by striking paragraph (3); and 

13 (3) by redesignating paragraph (4) as para14 graph (2). 

15 SEC. 2006. CONTRACT REQUIREMENTS. 

16 (a) EARLY TERMINATION BY OWNER OR OPER17 ATOR.—Section 1235(e) of the Food Security Act of 1985 

18 (16 U.S.C. 3835(e)) is amended— 

19 (1) in paragraph (1)(A)— 

20 (A) by striking ‘‘The Secretary’’ and in21 serting ‘‘During fiscal year 2014, the Sec22 retary’’; and 

23 (B) by striking ‘‘before January 1, 1995,’’; 

24 (2) in paragraph (2), by striking subparagraph 

25 (C) and inserting the following: 


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1 ‘‘(C) Land devoted to hardwood trees. 

2 ‘‘(D) Wildlife habitat, duck nesting habi3 tat, pollinator habitat, upland bird habitat buff4 er, wildlife food plots, State acres for wildlife 

5 enhancement, shallow water areas for wildlife, 

6 and rare and declining habitat. 

7 ‘‘(E) Farmable wetland and restored wet8 land. 

9 ‘‘(F) Land that contains diversions, ero10 sion control structures, flood control structures, 

11 contour grass strips, living snow fences, salinity 

12 reducing vegetation, cross wind trap strips, and 

13 sediment retention structures. 

14 ‘‘(G) Land located within a federally-des15 ignated wellhead protection area. 

16 ‘‘(H) Land that is covered by an easement 

17 under the conservation reserve program. 

18 ‘‘(I) Land located within an average width, 

19 according to the applicable Natural Resources 

20 Conservation Service field office technical guide, 

21 of a perennial stream or permanent water 

22 body.’’; and 

23 (3) in paragraph (3), by striking ‘‘60 days after 

24 the date on which the owner or operator submits the 


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1 notice required under paragraph (1)(C)’’ and insert2 ing ‘‘upon approval by the Secretary’’. 

3 (b) TRANSITION OPTION FOR CERTAIN FARMERS OR

4 RANCHERS.—Section 1235(f) of the Food Security Act of 

5 1985 (16 U.S.C. 3835(f)) is amended— 

6 (1) in paragraph (1)— 

7 (A) in the matter preceding subparagraph 

8 (A), by striking ‘‘DUTIES’’ and all that follows 

9 through ‘‘a beginning farmer’’ and inserting 

10 ‘‘TRANSITION TO COVERED FARMER OR RANCH11 ER.—In the case of a contract modification ap12 proved in order to facilitate the transfer of land 

13 subject to a contract from a retired farmer or 

14 rancher to a beginning farmer’’; 

15 (B) in subparagraph (A)(i), by inserting ‘‘, 

16 including preparing to plant an agricultural 

17 crop’’ after ‘‘improvements’’; 

18 (C) in subparagraph (D), by striking ‘‘the 

19 farmer or rancher’’ and inserting ‘‘the covered 

20 farmer or rancher’’; and 

21 (D) in subparagraph (E), by striking ‘‘sec22 tion 1001A(b)(3)(B)’’ and inserting ‘‘section 

23 1001’’; and 


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1 (2) in paragraph (2), by striking ‘‘requirement 

2 of section 1231(h)(4)(B)’’ and inserting ‘‘option pur3 suant to section 1234(c)(2)(A)(ii)’’. 

4 (c) FINAL YEAR CONTRACT.—Section 1235 of the 

5 Food Security Act of 1985 (16 U.S.C. 3835) is amended 

6 by adding at the end the following new subsections: 

7 ‘‘(g) FINAL YEAR OF CONTRACT.—The Secretary 

8 shall not consider an owner or operator to be in violation 

9 of a term or condition of the conservation reserve contract 

10 if— 

11 ‘‘(1) during the year prior to expiration of the 

12 contract, the land is enrolled in the conservation 

13 stewardship program; and 

14 ‘‘(2) the activity required under the conserva15 tion stewardship program pursuant to such enroll16 ment is consistent with this subchapter. 

17 ‘‘(h) LAND ENROLLED IN AGRICULTURAL CON18 SERVATION EASEMENT PROGRAM.—The Secretary may 

19 terminate or modify a contract entered into under this 

20 subchapter if eligible land that is subject to such contract 

21 is transferred into the agricultural conservation easement 

22 program under subtitle H.’’. 


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1 SEC. 2007. CONVERSION OF LAND SUBJECT TO CONTRACT 

2 TO OTHER CONSERVING USES. 

3 Section 1235A of the Food Security Act of 1985 (16 

4 U.S.C. 3835a) is repealed. 

5 SEC. 2008. EFFECTIVE DATE. 

6 (a) IN GENERAL.—The amendments made by this 

7 subtitle shall take effect on October 1, 2013, except the 

8 amendment made by section 2001(d), which shall take ef9 fect on the date of the enactment of this Act. 

10 (b) EFFECT ON EXISTING CONTRACTS.— 

11 (1) IN GENERAL.—Except as provided in para12 graph (2), the amendments made by this subtitle 

13 shall not affect the validity or terms of any contract 

14 entered into by the Secretary of Agriculture under 

15 subchapter B of chapter 1 of subtitle D of title XII 

16 of the Food Security Act of 1985 (16 U.S.C. 3831 

17 et seq.) before October 1, 2013, or any payments re18 quired to be made in connection with the contract. 

19 (2) UPDATING OF EXISTING CONTRACTS.—The 

20 Secretary shall permit an owner or operator of land 

21 subject to a contract entered into under subchapter 

22 B of chapter 1 of subtitle D of title XII of the Food 

23 Security Act of 1985 (16 U.S.C. 3831 et seq.) be24 fore October 1, 2013, to update the contract to re25 flect the activities and uses of land under contract 

26 permitted under the terms and conditions of section 


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1 1233(b) of that Act (as amended by section 2004), 

2 as determined appropriate by the Secretary. 

3 Subtitle B—Conservation 

4 Stewardship Program 

5 SEC. 2101. CONSERVATION STEWARDSHIP PROGRAM. 

6 (a) REVISION OF CURRENT PROGRAM.—Subchapter 

7 B of chapter 2 of subtitle D of title XII of the Food Secu8 rity Act of 1985 (16 U.S.C. 3838d et seq.) is amended 

9 to read as follows: 

10 ‘‘Subchapter B—Conservation Stewardship 

11 Program 

12 ‘‘SEC. 1238D. DEFINITIONS. 

13 ‘‘In this subchapter: 

14 ‘‘(1) AGRICULTURAL OPERATION.—The term 

15 ‘agricultural operation’ means all eligible land, 

16 whether or not contiguous, that is— 

17 ‘‘(A) under the effective control of a pro18 ducer at the time the producer enters into a 

19 contract under the program; and 

20 ‘‘(B) operated with equipment, labor, man21 agement, and production or cultivation prac22 tices that are substantially separate from other 

23 agricultural operations, as determined by the 

24 Secretary. 

25 ‘‘(2) CONSERVATION ACTIVITIES.— 


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1 ‘‘(A) IN GENERAL.—The term ‘conserva2 tion activities’ means conservation systems, 

3 practices, or management measures. 

4 ‘‘(B) INCLUSIONS.—The term ‘conserva5 tion activities’ includes— 

6 ‘‘(i) structural measures, vegetative 

7 measures, and land management measures, 

8 including agriculture drainage manage9 ment systems, as determined by the Sec10 retary; and 

11 ‘‘(ii) planning needed to address a pri12 ority resource concern. 

13 ‘‘(3) CONSERVATION STEWARDSHIP PLAN.— 

14 The term ‘conservation stewardship plan’ means a 

15 plan that— 

16 ‘‘(A) identifies and inventories priority re17 source concerns; 

18 ‘‘(B) establishes benchmark data and con19 servation objectives; 

20 ‘‘(C) describes conservation activities to be 

21 implemented, managed, or improved; and 

22 ‘‘(D) includes a schedule and evaluation 

23 plan for the planning, installation, and manage24 ment of the new and existing conservation ac25 tivities. 


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1 ‘‘(4) ELIGIBLE LAND.— 

2 ‘‘(A) IN GENERAL.—The term ‘eligible 

3 land’ means— 

4 ‘‘(i) private or tribal land on which 

5 agricultural commodities, livestock, or for6 est-related products are produced; and 

7 ‘‘(ii) lands associated with the land 

8 described in clause (i) on which priority re9 source concerns could be addressed 

10 through a contract under the program. 

11 ‘‘(B) INCLUSIONS.—The term ‘eligible 

12 land’ includes— 

13 ‘‘(i) cropland; 

14 ‘‘(ii) grassland; 

15 ‘‘(iii) rangeland; 

16 ‘‘(iv) pasture land; 

17 ‘‘(v) nonindustrial private forest land; 

18 and 

19 ‘‘(vi) other agricultural areas (includ20 ing cropped woodland, marshes, and agri21 cultural land used or capable of being used 

22 for the production of livestock), as deter23 mined by the Secretary. 

24 ‘‘(5) PRIORITY RESOURCE CONCERN.—The 

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1 source concern or problem, as determined by the 

2 Secretary, that— 

3 ‘‘(A) is identified at the national, State, or 

4 local level as a priority for a particular area of 

5 a State; 

6 ‘‘(B) represents a significant concern in a 

7 State or region; and 

8 ‘‘(C) is likely to be addressed successfully 

9 through the implementation of conservation ac10 tivities under this program. 

11 ‘‘(6) PROGRAM.—The term ‘program’ means 

12 the conservation stewardship program established by 

13 this subchapter. 

14 ‘‘(7) STEWARDSHIP THRESHOLD.—The term 

15 ‘stewardship threshold’ means the level of manage16 ment required, as determined by the Secretary, to 

17 conserve and improve the quality and condition of a 

18 natural resource. 

19 ‘‘SEC. 1238E. CONSERVATION STEWARDSHIP PROGRAM. 

20 ‘‘(a) ESTABLISHMENT AND PURPOSE.—During each 

21 of fiscal years 2014 through 2018, the Secretary shall 

22 carry out a conservation stewardship program to encour23 age producers to address priority resource concerns in a 

24 comprehensive manner— 


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1 ‘‘(1) by undertaking additional conservation ac2 tivities; and 

3 ‘‘(2) by improving, maintaining, and managing 

4 existing conservation activities. 

5 ‘‘(b) EXCLUSIONS.— 

6 ‘‘(1) LAND ENROLLED IN OTHER CONSERVA7 TION PROGRAMS.—Subject to paragraph (2), the fol8 lowing land (even if covered by the definition of eli9 gible land) is not eligible for enrollment in the pro10 gram: 

11 ‘‘(A) Land enrolled in the conservation re12 serve program, unless— 

13 ‘‘(i) the conservation reserve contract 

14 will expire at the end of the fiscal year in 

15 which the land is to be enrolled in the pro16 gram; and 

17 ‘‘(ii) conservation reserve program 

18 payments for land enrolled in the program 

19 cease before the first program payment is 

20 made to the applicant under this sub21 chapter. 

22 ‘‘(B) Land enrolled in a wetland easement 

23 through the agricultural conservation easement 

24 program. 


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1 ‘‘(C) Land enrolled in the conservation se2 curity program. 

3 ‘‘(2) CONVERSION TO CROPLAND.—Eligible 

4 land used for crop production after October 1, 2013, 

5 that had not been planted, considered to be planted, 

6 or devoted to crop production for at least 4 of the 

7 6 years preceding that date shall not be the basis for 

8 any payment under the program, unless the land 

9 does not meet the requirement because— 

10 ‘‘(A) the land had previously been enrolled 

11 in the conservation reserve program; 

12 ‘‘(B) the land has been maintained using 

13 long-term crop rotation practices, as determined 

14 by the Secretary; or 

15 ‘‘(C) the land is incidental land needed for 

16 efficient operation of the farm or ranch, as de17 termined by the Secretary. 

18 ‘‘SEC. 1238F. STEWARDSHIP CONTRACTS. 

19 ‘‘(a) SUBMISSION OF CONTRACT OFFERS.—To be eli20 gible to participate in the conservation stewardship pro21 gram, a producer shall submit to the Secretary a contract 

22 offer for the agricultural operation that— 

23 ‘‘(1) demonstrates to the satisfaction of the 

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1 tract offer, meets or exceeds the stewardship thresh2 old for at least 2 priority resource concerns; and 

3 ‘‘(2) would, at a minimum, meet or exceed the 

4 stewardship threshold for at least 1 additional pri5 ority resource concern by the end of the stewardship 

6 contract by— 

7 ‘‘(A) installing and adopting additional 

8 conservation activities; and 

9 ‘‘(B) improving, maintaining, and man10 aging existing conservation activities across the 

11 entire agricultural operation in a manner that 

12 increases or extends the conservation benefits in 

13 place at the time the contract offer is accepted 

14 by the Secretary. 

15 ‘‘(b) EVALUATION OF CONTRACT OFFERS.— 

16 ‘‘(1) RANKING OF APPLICATIONS.—In evalu17 ating contract offers submitted under subsection (a), 

18 the Secretary shall rank applications based on— 

19 ‘‘(A) the level of conservation treatment on 

20 all applicable priority resource concerns at the 

21 time of application; 

22 ‘‘(B) the degree to which the proposed con23 servation activities effectively increase conserva24 tion performance; 


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1 ‘‘(C) the number of applicable priority re2 source concerns proposed to be treated to meet 

3 or exceed the stewardship threshold by the end 

4 of the contract; 

5 ‘‘(D) the extent to which other priority re6 source concerns will be addressed to meet or ex7 ceed the stewardship threshold by the end of 

8 the contract period; 

9 ‘‘(E) the extent to which the actual and 

10 anticipated conservation benefits from the con11 tract are provided at the least cost relative to 

12 other similarly beneficial contract offers; and 

13 ‘‘(F) the extent to which priority resource 

14 concerns will be addressed when transitioning 

15 from the conservation reserve program to agri16 cultural production. 

17 ‘‘(2) PROHIBITION.—The Secretary may not as18 sign a higher priority to any application because the 

19 applicant is willing to accept a lower payment than 

20 the applicant would otherwise be eligible to receive. 

21 ‘‘(3) ADDITIONAL CRITERIA.—The Secretary 

22 may develop and use such additional criteria that 

23 the Secretary determines are necessary to ensure 

24 that national, State, and local priority resource con25 cerns are effectively addressed. 


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1 ‘‘(c) ENTERING INTO CONTRACTS.—After a deter2 mination that a producer is eligible for the program under 

3 subsection (a), and a determination that the contract offer 

4 ranks sufficiently high under the evaluation criteria under 

5 subsection (b), the Secretary shall enter into a conserva6 tion stewardship contract with the producer to enroll the 

7 eligible land to be covered by the contract. 

8 ‘‘(d) CONTRACT PROVISIONS.— 

9 ‘‘(1) TERM.—A conservation stewardship con10 tract shall be for a term of 5 years. 

11 ‘‘(2) REQUIRED PROVISIONS.—The conservation 

12 stewardship contract of a producer shall— 

13 ‘‘(A) state the amount of the payment the 

14 Secretary agrees to make to the producer for 

15 each year of the conservation stewardship con16 tract under section 1238G(d); 

17 ‘‘(B) require the producer— 

18 ‘‘(i) to implement a conservation stew19 ardship plan that describes the program 

20 purposes to be achieved through 1 or more 

21 conservation activities; 

22 ‘‘(ii) to maintain and supply informa23 tion as required by the Secretary to deter24 mine compliance with the conservation 


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1 stewardship plan and any other require2 ments of the program; and 

3 ‘‘(iii) not to conduct any activities on 

4 the agricultural operation that would tend 

5 to defeat the purposes of the program; 

6 ‘‘(C) permit all economic uses of the eligi7 ble land that— 

8 ‘‘(i) maintain the agricultural nature 

9 of the land; and 

10 ‘‘(ii) are consistent with the conserva11 tion purposes of the conservation steward12 ship contract; 

13 ‘‘(D) include a provision to ensure that a 

14 producer shall not be considered in violation of 

15 the contract for failure to comply with the con16 tract due to circumstances beyond the control 

17 of the producer, including a disaster or related 

18 condition, as determined by the Secretary; 

19 ‘‘(E) include provisions requiring that 

20 upon the violation of a term or condition of the 

21 contract at any time the producer has control 

22 of the land— 

23 ‘‘(i) if the Secretary determines that 

24 the violation warrants termination of the 

25 contract— 


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1 ‘‘(I) the producer shall forfeit all 

2 rights to receive payments under the 

3 contract; and 

4 ‘‘(II) the producer shall refund 

5 all or a portion of the payments re6 ceived by the producer under the con7 tract, including any interest on the 

8 payments, as determined by the Sec9 retary; or 

10 ‘‘(ii) if the Secretary determines that 

11 the violation does not warrant termination 

12 of the contract, the producer shall refund 

13 or accept adjustments to the payments 

14 provided to the producer, as the Secretary 

15 determines to be appropriate; 

16 ‘‘(F) include provisions in accordance with 

17 paragraphs (3) and (4) of this section; and 

18 ‘‘(G) include any additional provisions the 

19 Secretary determines are necessary to carry out 

20 the program. 

21 ‘‘(3) CHANGE OF INTEREST IN LAND SUBJECT

22 TO A CONTRACT.— 

23 ‘‘(A) IN GENERAL.—At the time of appli24 cation, a producer shall have control of the eli25 gible land to be enrolled in the program. Except 


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1 as provided in subparagraph (B), a change in 

2 the interest of a producer in eligible land cov3 ered by a contract under the program shall re4 sult in the termination of the contract with re5 gard to that land. 

6 ‘‘(B) TRANSFER OF DUTIES AND

7 RIGHTS.—Subparagraph (A) shall not apply 

8 if— 

9 ‘‘(i) within a reasonable period of time 

10 (as determined by the Secretary) after the 

11 date of the change in the interest in eligi12 ble land covered by a contract under the 

13 program, the transferee of the land pro14 vides written notice to the Secretary that 

15 all duties and rights under the contract 

16 have been transferred to, and assumed by, 

17 the transferee for the portion of the land 

18 transferred; 

19 ‘‘(ii) the transferee meets the eligi20 bility requirements of the program; and 

21 ‘‘(iii) the Secretary approves the 

22 transfer of all duties and rights under the 

23 contract. 

24 ‘‘(4) MODIFICATION AND TERMINATION OF

25 CONTRACTS.— 


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1 ‘‘(A) VOLUNTARY MODIFICATION OR TER2 MINATION.—The Secretary may modify or ter3 minate a contract with a producer if— 

4 ‘‘(i) the producer agrees to the modi5 fication or termination; and 

6 ‘‘(ii) the Secretary determines that 

7 the modification or termination is in the 

8 public interest. 

9 ‘‘(B) INVOLUNTARY TERMINATION.—The 

10 Secretary may terminate a contract if the Sec11 retary determines that the producer violated the 

12 contract. 

13 ‘‘(5) REPAYMENT.—If a contract is terminated, 

14 the Secretary may, consistent with the purposes of 

15 the program— 

16 ‘‘(A) allow the producer to retain payments 

17 already received under the contract; or 

18 ‘‘(B) require repayment, in whole or in 

19 part, of payments received and assess liquidated 

20 damages. 

21 ‘‘(e) CONTRACT RENEWAL.—At the end of the initial 

22 5-year contract period, the Secretary may allow the pro23 ducer to renew the contract for 1 additional 5-year period 

24 if the producer— 


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1 ‘‘(1) demonstrates compliance with the terms of 

2 the initial contract; 

3 ‘‘(2) agrees to adopt and continue to integrate 

4 conservation activities across the entire agricultural 

5 operation, as determined by the Secretary; and 

6 ‘‘(3) agrees, by the end of the contract period— 

7 ‘‘(A) to meet the stewardship threshold of 

8 at least two additional priority resource con9 cerns on the agricultural operation; or 

10 ‘‘(B) to exceed the stewardship threshold 

11 of two existing priority resource concerns that 

12 are specified by the Secretary in the initial con13 tract. 

14 ‘‘SEC. 1238G. DUTIES OF THE SECRETARY. 

15 ‘‘(a) IN GENERAL.—To achieve the conservation 

16 goals of a contract under the conservation stewardship 

17 program, the Secretary shall— 

18 ‘‘(1) make the program available to eligible pro19 ducers on a continuous enrollment basis with 1 or 

20 more ranking periods, one of which shall occur in 

21 the first quarter of each fiscal year; 

22 ‘‘(2) identify not less than 5 priority resource 

23 concerns in a particular watershed or other appro24 priate region or area within a State; and 


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1 ‘‘(3) establish a science-based stewardship 

2 threshold for each priority resource concern identi3 fied under paragraph (2). 

4 ‘‘(b) ALLOCATION TO STATES.—The Secretary shall 

5 allocate acres to States for enrollment, based— 

6 ‘‘(1) primarily on each State’s proportion of eli7 gible land to the total acreage of eligible land in all 

8 States; and 

9 ‘‘(2) also on consideration of— 

10 ‘‘(A) the extent and magnitude of the con11 servation needs associated with agricultural 

12 production in each State; 

13 ‘‘(B) the degree to which implementation 

14 of the program in the State is, or will be, effec15 tive in helping producers address those needs; 

16 and 

17 ‘‘(C) other considerations to achieve equi18 table geographic distribution of funds, as deter19 mined by the Secretary. 

20 ‘‘(c) ACREAGE ENROLLMENT LIMITATION.—During 

21 the period beginning on October 1, 2013, and ending on 

22 September 30, 2021, the Secretary shall, to the maximum 

23 extent practicable— 

24 ‘‘(1) enroll in the program an additional 

25 8,695,000 acres for each fiscal year; and 


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1 ‘‘(2) manage the program to achieve a national 

2 average rate of $18 per acre, which shall include the 

3 costs of all financial assistance, technical assistance, 

4 and any other expenses associated with enrollment 

5 or participation in the program. 

6 ‘‘(d) CONSERVATION STEWARDSHIP PAYMENTS.— 

7 ‘‘(1) AVAILABILITY OF PAYMENTS.—The Sec8 retary shall provide annual payments under the pro9 gram to compensate the producer for— 

10 ‘‘(A) installing and adopting additional 

11 conservation activities; and 

12 ‘‘(B) improving, maintaining, and man13 aging conservation activities in place at the ag14 ricultural operation of the producer at the time 

15 the contract offer is accepted by the Secretary. 

16 ‘‘(2) PAYMENT AMOUNT.—The amount of the 

17 conservation stewardship annual payment shall be 

18 determined by the Secretary and based, to the max19 imum extent practicable, on the following factors: 

20 ‘‘(A) Costs incurred by the producer asso21 ciated with planning, design, materials, installa22 tion, labor, management, maintenance, or train23 ing. 

24 ‘‘(B) Income forgone by the producer. 

25 ‘‘(C) Expected conservation benefits. 


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1 ‘‘(D) The extent to which priority resource 

2 concerns will be addressed through the installa3 tion and adoption of conservation activities on 

4 the agricultural operation. 

5 ‘‘(E) The level of stewardship in place at 

6 the time of application and maintained over the 

7 term of the contract. 

8 ‘‘(F) The degree to which the conservation 

9 activities will be integrated across the entire ag10 ricultural operation for all applicable priority 

11 resource concerns over the term of the contract. 

12 ‘‘(G) Such other factors as determined ap13 propriate by the Secretary. 

14 ‘‘(3) EXCLUSIONS.—A payment to a producer 

15 under this subsection shall not be provided for— 

16 ‘‘(A) the design, construction, or mainte17 nance of animal waste storage or treatment fa18 cilities or associated waste transport or transfer 

19 devices for animal feeding operations; or 

20 ‘‘(B) conservation activities for which there 

21 is no cost incurred or income forgone to the 

22 producer. 

23 ‘‘(4) DELIVERY OF PAYMENTS.—In making 

24 payments under this subsection, the Secretary shall, 

25 to the extent practicable— 


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1 ‘‘(A) prorate conservation performance 

2 over the term of the contract so as to accommo3 date, to the extent practicable, producers earn4 ing equal annual payments in each fiscal year; 

5 and 

6 ‘‘(B) make payments as soon as prac7 ticable after October 1 of each fiscal year for 

8 activities carried out in the previous fiscal year. 

9 ‘‘(e) SUPPLEMENTAL PAYMENTS FOR RESOURCE10 CONSERVING CROP ROTATIONS.— 

11 ‘‘(1) AVAILABILITY OF PAYMENTS.—The Sec12 retary shall provide additional payments to pro13 ducers that, in participating in the program, agree 

14 to adopt or improve resource-conserving crop rota15 tions to achieve beneficial crop rotations as appro16 priate for the eligible land of the producers. 

17 ‘‘(2) BENEFICIAL CROP ROTATIONS.—The Sec18 retary shall determine whether a resource-conserving 

19 crop rotation is a beneficial crop rotation eligible for 

20 additional payments under paragraph (1) based on 

21 whether the resource-conserving crop rotation is de22 signed to provide natural resource conservation and 

23 production benefits. 

24 ‘‘(3) ELIGIBILITY.—To be eligible to receive a 

25 payment described in paragraph (1), a producer 


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1 shall agree to adopt and maintain beneficial re2 source-conserving crop rotations for the term of the 

3 contract. 

4 ‘‘(4) RESOURCE-CONSERVING CROP ROTA5 TION.—In this subsection, the term ‘resource-con6 serving crop rotation’ means a crop rotation that— 

7 ‘‘(A) includes at least 1 resource-con8 serving crop (as defined by the Secretary); 

9 ‘‘(B) reduces erosion; 

10 ‘‘(C) improves soil fertility and tilth; 

11 ‘‘(D) interrupts pest cycles; and 

12 ‘‘(E) in applicable areas, reduces depletion 

13 of soil moisture or otherwise reduces the need 

14 for irrigation. 

15 ‘‘(f) PAYMENT LIMITATIONS.—A person or legal enti16 ty may not receive, directly or indirectly, payments under 

17 the program that, in the aggregate, exceed $200,000 

18 under all contracts entered into during fiscal years 2014 

19 through 2018, excluding funding arrangements with In20 dian tribes, regardless of the number of contracts entered 

21 into under the program by the person or legal entity. 

22 ‘‘(g) SPECIALTY CROP AND ORGANIC PRODUCERS.— 

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1 propriate to enable specialty crop and organic producers 

2 to participate in the program. 

3 ‘‘(h) COORDINATION WITH ORGANIC CERTIFI4 CATION.—The Secretary shall establish a transparent 

5 means by which producers may initiate organic certifi6 cation under the Organic Foods Production Act of 1990 

7 (7 U.S.C. 6501 et seq.) while participating in a contract 

8 under the program. 

9 ‘‘(i) REGULATIONS.—The Secretary shall promulgate 

10 regulations that— 

11 ‘‘(1) prescribe such other rules as the Secretary 

12 determines to be necessary to ensure a fair and rea13 sonable application of the limitations established 

14 under subsection (f); and 

15 ‘‘(2) otherwise enable the Secretary to carry out 

16 the program.’’. 

17 (b) EFFECTIVE DATE.—The amendment made by 

18 this section shall take effect on October 1, 2013. 

19 (c) EFFECT ON EXISTING CONTRACTS.— 

20 (1) IN GENERAL.—The amendment made by 

21 this section shall not affect the validity or terms of 

22 any contract entered into by the Secretary of Agri23 culture under subchapter B of chapter 2 of subtitle 

24 D of title XII of the Food Security Act of 1985 (16 

25 U.S.C. 3838d et seq.) before October 1, 2013, or 


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1 any payments required to be made in connection 

2 with the contract. 

3 (2) CONSERVATION STEWARDSHIP PROGRAM.— 

4 Funds made available under section 1241(a)(4) of 

5 the Food Security Act of 1985 (16 U.S.C. 

6 3841(a)(4)) (as amended by section 2601(a) of this 

7 title) may be used to administer and make payments 

8 to program participants that enrolled into contracts 

9 during any of fiscal years 2009 through 2013. 

10 Subtitle C—Environmental Quality 

11 Incentives Program 

12 SEC. 2201. PURPOSES. 

13 Section 1240 of the Food Security Act of 1985 (16 

14 U.S.C. 3839aa) is amended— 

15 (1) in paragraph (3)— 

16 (A) in subparagraph (A), by striking 

17 ‘‘and’’ at the end; 

18 (B) by redesignating subparagraph (B) as 

19 subparagraph (C) and, in such subparagraph, 

20 by inserting ‘‘and’’ after the semicolon; and 

21 (C) by inserting after subparagraph (A) 

22 the following new subparagraph: 

23 ‘‘(B) developing and improving wildlife 

24 habitat; and’’; 


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1 (2) in paragraph (4), by striking ‘‘; and’’ and 

2 inserting a period; and 

3 (3) by striking paragraph (5). 

4 SEC. 2202. ESTABLISHMENT AND ADMINISTRATION. 

5 Section 1240B of the Food Security Act of 1985 (16 

6 U.S.C. 3839aa–2) is amended— 

7 (1) in subsection (a), by striking ‘‘2014’’ and 

8 inserting ‘‘2018’’; 

9 (2) in subsection (b), by striking paragraph (2) 

10 and inserting the following new paragraph: 

11 ‘‘(2) TERM.—A contract under the program 

12 shall have a term that does not exceed 10 years.’’; 

13 (3) in subsection (d)(4)— 

14 (A) in subparagraph (A), in the matter 

15 preceding clause (i), by inserting ‘‘, veteran 

16 farmer or rancher (as defined in section 

17 2501(e) of the Food, Agriculture, Conservation, 

18 and Trade Act of 1990 (7 U.S.C. 2279(e))),’’ 

19 before ‘‘or a beginning farmer or rancher’’; and 

20 (B) by striking subparagraph (B) and in21 serting the following new subparagraph: 

22 ‘‘(B) ADVANCE PAYMENTS.— 

23 ‘‘(i) IN GENERAL.—Not more than 50 

24 percent of the amount determined under 

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1 vance for the purpose of purchasing mate2 rials or contracting. 

3 ‘‘(ii) RETURN OF FUNDS.—If funds 

4 provided in advance are not expended dur5 ing the 90-day period beginning on the 

6 date of receipt of the funds, the funds shall 

7 be returned within a reasonable time 

8 frame, as determined by the Secretary.’’; 

9 (4) by striking subsection (f) and inserting the 

10 following new subsection: 

11 ‘‘(f) ALLOCATION OF FUNDING.— 

12 ‘‘(1) LIVESTOCK.—For each of fiscal years 

13 2014 through 2018, at least 60 percent of the funds 

14 made available for payments under the program 

15 shall be targeted at practices relating to livestock 

16 production. 

17 ‘‘(2) WILDLIFE HABITAT.—For each of fiscal 

18 years 2014 through 2018, 7.5 percent of the funds 

19 made available for payments under the program 

20 shall be targeted at practices benefitting wildlife 

21 habitat.’’; 

22 (5) in subsection (g)— 

23 (A) in the subsection heading, by striking 

24 ‘‘FEDERALLY RECOGNIZED NATIVE AMERICAN


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1 INDIAN TRIBES AND ALASKA NATIVE COR2 PORATIONS’’ and inserting ‘‘INDIAN TRIBES’’; 

3 (B) by striking ‘‘federally recognized Na4 tive American Indian Tribes and Alaska Native 

5 Corporations (including their affiliated member6 ship organizations)’’ and inserting ‘‘Indian 

7 tribes’’; and 

8 (C) by striking ‘‘or Native Corporation’’; 

9 and 

10 (6) by adding at the end the following: 

11 ‘‘(j) WILDLIFE HABITAT INCENTIVE PRACTICE.— 

12 The Secretary shall provide payments to producers under 

13 the program for practices, including recurring practices 

14 for the term of the contract, that support the restoration, 

15 development, protection, and improvement of wildlife habi16 tat on eligible land, including— 

17 ‘‘(1) upland wildlife habitat; 

18 ‘‘(2) wetland wildlife habitat; 

19 ‘‘(3) habitat for threatened and endangered 

20 species; 

21 ‘‘(4) fish habitat; 

22 ‘‘(5) habitat on pivot corners and other irreg23 ular areas of a field; and 

24 ‘‘(6) other types of wildlife habitat, as deter25 mined appropriate by the Secretary. 


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1 ‘‘(k) FUNDING FOR COMMUNITY IRRIGATION ASSO2 CIATIONS.— 

3 ‘‘(1) IN GENERAL.—The Secretary may enter 

4 into an alternative funding arrangement with an eli5 gible irrigation association if the Secretary deter6 mines that— 

7 ‘‘(A) the purposes of the program will be 

8 met by such an arrangement; and 

9 ‘‘(B) statutory limitations regarding con10 tracts with individual producers will not be ex11 ceeded by any member of the irrigation associa12 tion. 

13 ‘‘(2) ELIGIBLE IRRIGATION ASSOCIATIONS.—In 

14 this subsection, the term ‘eligible irrigation associa15 tion’ means an irrigation association that is— 

16 ‘‘(A) comprised of producers; and 

17 ‘‘(B) a local government entity, but does 

18 not have the authority to impose taxes or lev19 ies.’’. 

20 SEC. 2203. EVALUATION OF APPLICATIONS. 

21 Section 1240C(b) of the Food Security Act of 1985 

22 (16 U.S.C. 3839aa–3(b)) is amended— 

23 (1) in paragraph (1), by striking ‘‘environ24 mental’’ and inserting ‘‘conservation’’; and 


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1 (2) in paragraph (3), by striking ‘‘purpose of 

2 the environmental quality incentives program speci3 fied in section 1240(1)’’ and inserting ‘‘purposes of 

4 the program’’. 

5 SEC. 2204. DUTIES OF PRODUCERS. 

6 Section 1240D(2) of the Food Security Act of 1985 

7 (16 U.S.C. 3839aa–4(2)) is amended by striking ‘‘farm, 

8 ranch, or forest’’ and inserting ‘‘enrolled’’. 

9 SEC. 2205. LIMITATION ON PAYMENTS. 

10 Section 1240G of the Food Security Act of 1985 (16 

11 U.S.C. 3839aa–7) is amended to read as follows: 

12 ‘‘SEC. 1240G. LIMITATION ON PAYMENTS. 

13 ‘‘A person or legal entity may not receive, directly 

14 or indirectly, cost-share or incentive payments under this 

15 chapter that, in aggregate, exceed $450,000 for all con16 tracts entered into under this chapter by the person or 

17 legal entity during the period of fiscal years 2014 through 

18 2018, regardless of the number of contracts entered into 

19 under this chapter by the person or legal entity.’’. 

20 SEC. 2206. CONSERVATION INNOVATION GRANTS AND PAY21 MENTS. 

22 Section 1240H of the Food Security Act of 1985 (16 

23 U.S.C. 3839aa–8) is amended— 

24 (1) in subsection (a)(2)— 


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1 (A) in subparagraph (C), by striking ‘‘; 

2 and’’ and inserting a semicolon; 

3 (B) in subparagraph (D), by striking the 

4 period and inserting a semicolon; and 

5 (C) by adding at the end the following new 

6 subparagraphs: 

7 ‘‘(E) facilitate on-farm conservation re8 search and demonstration activities; and 

9 ‘‘(F) facilitate pilot testing of new tech10 nologies or innovative conservation practices.’’; 

11 and 

12 (2) by striking subsection (b) and inserting the 

13 following new subsection: 

14 ‘‘(b) REPORTING.—Not later than December 31, 

15 2014, and every two years thereafter, the Secretary shall 

16 submit to the Committee on Agriculture, Nutrition, and 

17 Forestry of the Senate and the Committee on Agriculture 

18 of the House of Representatives a report on the status 

19 of projects funded under this section, including— 

20 ‘‘(1) funding awarded; 

21 ‘‘(2) project results; and 

22 ‘‘(3) incorporation of project findings, such as 

23 new technology and innovative approaches, into the 

24 conservation efforts implemented by the Secretary.’’. 


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1 SEC. 2207. EFFECTIVE DATE. 

2 (a) IN GENERAL.—The amendments made by this 

3 subtitle shall take effect on October 1, 2013. 

4 (b) EFFECT ON EXISTING CONTRACTS.—The amend5 ments made by this subtitle shall not affect the validity 

6 or terms of any contract entered into by the Secretary of 

7 Agriculture under chapter 4 of subtitle D of title XII of 

8 the Food Security Act of 1985 (16 U.S.C. 3839aa et seq.) 

9 before October 1, 2013, or any payments required to be 

10 made in connection with the contract. 

11 Subtitle D—Agricultural 

12 Conservation Easement Program 

13 SEC. 2301. AGRICULTURAL CONSERVATION EASEMENT 

14 PROGRAM. 

15 (a) ESTABLISHMENT.—Title XII of the Food Secu16 rity Act of 1985 is amended by adding at the end the fol17 lowing new subtitle: 

18 ‘‘Subtitle H—Agricultural 

19 Conservation Easement Program 

20 ‘‘SEC. 1265. ESTABLISHMENT AND PURPOSES. 

21 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab22 lish an agricultural conservation easement program for the 

23 conservation of eligible land and natural resources through 

24 easements or other interests in land. 

25 ‘‘(b) PURPOSES.—The purposes of the program are 

26 to— 


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1 ‘‘(1) combine the purposes and coordinate the 

2 functions of the wetlands reserve program estab3 lished under section 1237, the grassland reserve pro4 gram established under section 1238N, and the 

5 farmland protection program established under sec6 tion 1238I, as such sections were in effect on Sep7 tember 30, 2013; 

8 ‘‘(2) restore, protect, and enhance wetlands on 

9 eligible land; 

10 ‘‘(3) protect the agricultural use and related 

11 conservation values of eligible land by limiting non12 agricultural uses of that land; and 

13 ‘‘(4) protect grazing uses and related conserva14 tion values by restoring and conserving eligible land. 

15 ‘‘SEC. 1265A. DEFINITIONS. 

16 ‘‘In this subtitle: 

17 ‘‘(1) AGRICULTURAL LAND EASEMENT.—The 

18 term ‘agricultural land easement’ means an ease19 ment or other interest in eligible land that— 

20 ‘‘(A) is conveyed for the purpose of pro21 tecting natural resources and the agricultural 

22 nature of the land; and 

23 ‘‘(B) permits the landowner the right to 

24 continue agricultural production and related 


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1 uses subject to an agricultural land easement 

2 plan, as approved by the Secretary. 

3 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en4 tity’ means— 

5 ‘‘(A) an agency of State or local govern6 ment or an Indian tribe (including a farmland 

7 protection board or land resource council estab8 lished under State law); or 

9 ‘‘(B) an organization that is— 

10 ‘‘(i) organized for, and at all times 

11 since the formation of the organization has 

12 been operated principally for, 1 or more of 

13 the conservation purposes specified in 

14 clause (i), (ii), (iii), or (iv) of section 

15 170(h)(4)(A) of the Internal Revenue Code 

16 of 1986; 

17 ‘‘(ii) an organization described in sec18 tion 501(c)(3) of that Code that is exempt 

19 from taxation under section 501(a) of that 

20 Code; or 

21 ‘‘(iii) described in— 

22 ‘‘(I) paragraph (1) or (2) of sec23 tion 509(a) of that Code; or 

24 ‘‘(II) section 509(a)(3) of that 

25 Code and is controlled by an organizaVerDate Mar 15 2010 21:18 Jul 16, 2013 Jkt 029200 PO 00000 Frm 00206 Fmt 6652 Sfmt 6201 E:\BILLS\H2642.PCS H2642

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1 tion described in section 509(a)(2) of 

2 that Code. 

3 ‘‘(3) ELIGIBLE LAND.—The term ‘eligible land’ 

4 means private or tribal land that is— 

5 ‘‘(A) in the case of an agricultural land 

6 easement, agricultural land, including land on a 

7 farm or ranch— 

8 ‘‘(i) that is subject to a pending offer 

9 for purchase of an agricultural land ease10 ment from an eligible entity; 

11 ‘‘(ii) that— 

12 ‘‘(I) has prime, unique, or other 

13 productive soil; 

14 ‘‘(II) contains historical or ar15 chaeological resources; or 

16 ‘‘(III) the protection of which will 

17 further a State or local policy con18 sistent with the purposes of the pro19 gram; and 

20 ‘‘(iii) that is— 

21 ‘‘(I) cropland; 

22 ‘‘(II) rangeland; 

23 ‘‘(III) grassland or land that con24 tains forbs, or shrubland for which 

25 grazing is the predominate use; 


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1 ‘‘(IV) pastureland; or 

2 ‘‘(V) nonindustrial private forest 

3 land that contributes to the economic 

4 viability of an offered parcel or serves 

5 as a buffer to protect such land from 

6 development; 

7 ‘‘(B) in the case of a wetland easement, a 

8 wetland or related area, including— 

9 ‘‘(i) farmed or converted wetlands, to10 gether with adjacent land that is function11 ally dependent on that land, if the Sec12 retary determines it— 

13 ‘‘(I) is likely to be successfully 

14 restored in a cost-effective manner; 

15 and 

16 ‘‘(II) will maximize the wildlife 

17 benefits and wetland functions and 

18 values, as determined by the Secretary 

19 in consultation with the Secretary of 

20 the Interior at the local level; 

21 ‘‘(ii) cropland or grassland that was 

22 used for agricultural production prior to 

23 flooding from the natural overflow of— 

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1 ent upon it, if the State or other enti2 ty is willing to provide 50 percent 

3 share of the cost of an easement; and 

4 ‘‘(II) a pothole and adjacent land 

5 that is functionally dependent on it; 

6 ‘‘(iii) farmed wetlands and adjoining 

7 lands that— 

8 ‘‘(I) are enrolled in the conserva9 tion reserve program; 

10 ‘‘(II) have the highest wetland 

11 functions and values, as determined 

12 by the Secretary; and 

13 ‘‘(III) are likely to return to pro14 duction after they leave the conserva15 tion reserve program; 

16 ‘‘(iv) riparian areas that link wetlands 

17 that are protected by easements or some 

18 other device that achieves the same pur19 pose as an easement; or 

20 ‘‘(v) other wetlands of an owner that 

21 would not otherwise be eligible, if the Sec22 retary determines that the inclusion of 

23 such wetlands in a wetland easement would 

24 significantly add to the functional value of 

25 the easement; or 


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1 ‘‘(C) in the case of either an agricultural 

2 land easement or wetland easement, other land 

3 that is incidental to land described in subpara4 graph (A) or (B), if the Secretary determines 

5 that it is necessary for the efficient administra6 tion of the easements under this program. 

7 ‘‘(4) PROGRAM.—The term ‘program’ means 

8 the agricultural conservation easement program es9 tablished by this subtitle. 

10 ‘‘(5) WETLAND EASEMENT.—The term ‘wetland 

11 easement’ means a reserved interest in eligible land 

12 that— 

13 ‘‘(A) is defined and delineated in a deed; 

14 and 

15 ‘‘(B) stipulates— 

16 ‘‘(i) the rights, title, and interests in 

17 land conveyed to the Secretary; and 

18 ‘‘(ii) the rights, title, and interests in 

19 land that are reserved to the landowner. 

20 ‘‘SEC. 1265B. AGRICULTURAL LAND EASEMENTS. 

21 ‘‘(a) AVAILABILITY OF ASSISTANCE.—The Secretary 

22 shall facilitate and provide funding for— 

23 ‘‘(1) the purchase by eligible entities of agricul24 tural land easements and other interests in eligible 

25 land; and 


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1 ‘‘(2) technical assistance to provide for the con2 servation of natural resources pursuant to an agri3 cultural land easement plan. 

4 ‘‘(b) COST-SHARE ASSISTANCE.— 

5 ‘‘(1) IN GENERAL.—The Secretary shall protect 

6 the agricultural use, including grazing, and related 

7 conservation values of eligible land through cost8 share assistance to eligible entities for purchasing 

9 agricultural land easements. 

10 ‘‘(2) SCOPE OF ASSISTANCE AVAILABLE.— 

11 ‘‘(A) FEDERAL SHARE.—An agreement de12 scribed in paragraph (4) shall provide for a 

13 Federal share determined by the Secretary of 

14 an amount not to exceed 50 percent of the fair 

15 market value of the agricultural land easement 

16 or other interest in land, as determined by the 

17 Secretary using— 

18 ‘‘(i) the Uniform Standards of Profes19 sional Appraisal Practice; 

20 ‘‘(ii) an area-wide market analysis or 

21 survey; or 

22 ‘‘(iii) another industry-approved meth23 od. 

24 ‘‘(B) NON-FEDERAL SHARE.— 


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1 ‘‘(i) IN GENERAL.—Under the agree2 ment, the eligible entity shall provide a 

3 share that is at least equivalent to that 

4 provided by the Secretary. 

5 ‘‘(ii) SOURCE OF CONTRIBUTION.—An 

6 eligible entity may include as part of its 

7 share a charitable donation or qualified 

8 conservation contribution (as defined by 

9 section 170(h) of the Internal Revenue 

10 Code of 1986) from the private landowner 

11 if the eligible entity contributes its own 

12 cash resources in an amount that is at 

13 least 50 percent of the amount contributed 

14 by the Secretary. 

15 ‘‘(C) EXCEPTION.—In the case of grass16 land of special environmental significance, as 

17 determined by the Secretary, the Secretary may 

18 provide an amount not to exceed 75 percent of 

19 the fair market value of the agricultural land 

20 easement. 

21 ‘‘(3) EVALUATION AND RANKING OF APPLICA22 TIONS.— 

23 ‘‘(A) CRITERIA.—The Secretary shall es24 tablish evaluation and ranking criteria to maxiVerDate Mar 15 2010 21:18 Jul 16, 2013 Jkt 029200 PO 00000 Frm 00212 Fmt 6652 Sfmt 6201 E:\BILLS\H2642.PCS H2642

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1 mize the benefit of Federal investment under 

2 the program. 

3 ‘‘(B) CONSIDERATIONS.—In establishing 

4 the criteria, the Secretary shall emphasize sup5 port for— 

6 ‘‘(i) protecting agricultural uses and 

7 related conservation values of the land; and 

8 ‘‘(ii) maximizing the protection of 

9 areas devoted to agricultural use. 

10 ‘‘(C) BIDDING DOWN.—If the Secretary 

11 determines that 2 or more applications for cost12 share assistance are comparable in achieving 

13 the purpose of the program, the Secretary shall 

14 not assign a higher priority to any of those ap15 plications solely on the basis of lesser cost to 

16 the program. 

17 ‘‘(4) AGREEMENTS WITH ELIGIBLE ENTITIES.— 

18 ‘‘(A) IN GENERAL.—The Secretary shall 

19 enter into agreements with eligible entities to 

20 stipulate the terms and conditions under which 

21 the eligible entity is permitted to use cost-share 

22 assistance provided under this section. 

23 ‘‘(B) LENGTH OF AGREEMENTS.—An 

24 agreement shall be for a term that is— 


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1 ‘‘(i) in the case of an eligible entity 

2 certified under the process described in 

3 paragraph (5), a minimum of five years; 

4 and 

5 ‘‘(ii) for all other eligible entities, at 

6 least three, but not more than five years. 

7 ‘‘(C) MINIMUM TERMS AND CONDITIONS.— 

8 An eligible entity shall be authorized to use its 

9 own terms and conditions for agricultural land 

10 easements so long as the Secretary determines 

11 such terms and conditions— 

12 ‘‘(i) are consistent with the purposes 

13 of the program; 

14 ‘‘(ii) permit effective enforcement of 

15 the conservation purposes of such ease16 ments; 

17 ‘‘(iii) include a right of enforcement 

18 for the Secretary, that may be used only if 

19 the terms of the easement are not enforced 

20 by the holder of the easement; 

21 ‘‘(iv) subject the land in which an in22 terest is purchased to an agricultural land 

23 easement plan that— 

24 ‘‘(I) describes the activities which 

25 promote the long-term viability of the 


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1 land to meet the purposes for which 

2 the easement was acquired; 

3 ‘‘(II) requires the management of 

4 grasslands according to a grasslands 

5 management plan; and 

6 ‘‘(III) includes a conservation 

7 plan, where appropriate, and requires, 

8 at the option of the Secretary, the 

9 conversion of highly erodible cropland 

10 to less intensive uses; and 

11 ‘‘(v) include a limit on the impervious 

12 surfaces to be allowed that is consistent 

13 with the agricultural activities to be con14 ducted. 

15 ‘‘(D) SUBSTITUTION OF QUALIFIED

16 PROJECTS.—An agreement shall allow, upon 

17 mutual agreement of the parties, substitution of 

18 qualified projects that are identified at the time 

19 of the proposed substitution. 

20 ‘‘(E) EFFECT OF VIOLATION.—If a viola21 tion occurs of a term or condition of an agree22 ment under this subsection— 

23 ‘‘(i) the Secretary may terminate the 

24 agreement; and 


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1 ‘‘(ii) the Secretary may require the el2 igible entity to refund all or part of any 

3 payments received by the entity under the 

4 program, with interest on the payments as 

5 determined appropriate by the Secretary. 

6 ‘‘(5) CERTIFICATION OF ELIGIBLE ENTITIES.— 

7 ‘‘(A) CERTIFICATION PROCESS.—The Sec8 retary shall establish a process under which the 

9 Secretary may— 

10 ‘‘(i) directly certify eligible entities 

11 that meet established criteria; 

12 ‘‘(ii) enter into long-term agreements 

13 with certified eligible entities; and 

14 ‘‘(iii) accept proposals for cost-share 

15 assistance for the purchase of agricultural 

16 land easements throughout the duration of 

17 such agreements. 

18 ‘‘(B) CERTIFICATION CRITERIA.—In order 

19 to be certified, an eligible entity shall dem20 onstrate to the Secretary that the entity will 

21 maintain, at a minimum, for the duration of the 

22 agreement— 

23 ‘‘(i) a plan for administering ease24 ments that is consistent with the purpose 

25 of this subtitle; 


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1 ‘‘(ii) the capacity and resources to 

2 monitor and enforce agricultural land ease3 ments; and 

4 ‘‘(iii) policies and procedures to en5 sure— 

6 ‘‘(I) the long-term integrity of 

7 agricultural land easements on eligible 

8 land; 

9 ‘‘(II) timely completion of acqui10 sitions of such easements; and 

11 ‘‘(III) timely and complete eval12 uation and reporting to the Secretary 

13 on the use of funds provided under 

14 the program. 

15 ‘‘(C) REVIEW AND REVISION.— 

16 ‘‘(i) REVIEW.—The Secretary shall 

17 conduct a review of eligible entities cer18 tified under subparagraph (A) every three 

19 years to ensure that such entities are 

20 meeting the criteria established under sub21 paragraph (B). 

22 ‘‘(ii) REVOCATION.—If the Secretary 

23 finds that the certified eligible entity no 

24 longer meets the criteria established under 

25 subparagraph (B), the Secretary may— 


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1 ‘‘(I) allow the certified eligible 

2 entity a specified period of time, at a 

3 minimum 180 days, in which to take 

4 such actions as may be necessary to 

5 meet the criteria; and 

6 ‘‘(II) revoke the certification of 

7 the eligible entity, if, after the speci8 fied period of time, the certified eligi9 ble entity does not meet such criteria. 

10 ‘‘(c) METHOD OF ENROLLMENT.—The Secretary 

11 shall enroll eligible land under this section through the use 

12 of— 

13 ‘‘(1) permanent easements; or 

14 ‘‘(2) easements for the maximum duration al15 lowed under applicable State laws. 

16 ‘‘(d) TECHNICAL ASSISTANCE.—The Secretary may 

17 provide technical assistance, if requested, to assist in— 

18 ‘‘(1) compliance with the terms and conditions 

19 of easements; and 

20 ‘‘(2) implementation of an agricultural land 

21 easement plan. 

22 ‘‘SEC. 1265C. WETLAND EASEMENTS. 

23 ‘‘(a) AVAILABILITY OF ASSISTANCE.—The Secretary 

24 shall provide assistance to owners of eligible land to re25 store, protect, and enhance wetlands through— 


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1 ‘‘(1) wetland easements and related wetland 

2 easement plans; and 

3 ‘‘(2) technical assistance. 

4 ‘‘(b) EASEMENTS.— 

5 ‘‘(1) METHOD OF ENROLLMENT.—The Sec6 retary shall enroll eligible land under this section 

7 through the use of— 

8 ‘‘(A) 30-year easements; 

9 ‘‘(B) permanent easements; 

10 ‘‘(C) easements for the maximum duration 

11 allowed under applicable State laws; or 

12 ‘‘(D) as an option for Indian tribes only, 

13 30-year contracts (which shall be considered to 

14 be 30-year easements for the purposes of this 

15 subtitle). 

16 ‘‘(2) LIMITATIONS.— 

17 ‘‘(A) INELIGIBLE LAND.—The Secretary 

18 may not acquire easements on— 

19 ‘‘(i) land established to trees under 

20 the conservation reserve program, except in 

21 cases where the Secretary determines it 

22 would further the purposes of the program; 

23 and 


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1 ‘‘(ii) farmed wetlands or converted 

2 wetlands where the conversion was not 

3 commenced prior to December 23, 1985. 

4 ‘‘(B) CHANGES IN OWNERSHIP.—No wet5 land easement shall be created on land that has 

6 changed ownership during the preceding 24- 

7 month period unless— 

8 ‘‘(i) the new ownership was acquired 

9 by will or succession as a result of the 

10 death of the previous owner; 

11 ‘‘(ii)(I) the ownership change occurred 

12 because of foreclosure on the land; and 

13 ‘‘(II) immediately before the fore14 closure, the owner of the land exercises a 

15 right of redemption from the mortgage 

16 holder in accordance with State law; or 

17 ‘‘(iii) the Secretary determines that 

18 the land was acquired under circumstances 

19 that give adequate assurances that such 

20 land was not acquired for the purposes of 

21 placing it in the program. 

22 ‘‘(3) EVALUATION AND RANKING OF OFFERS.— 

23 ‘‘(A) CRITERIA.—The Secretary shall es24 tablish evaluation and ranking criteria to maxiVerDate Mar 15 2010 21:18 Jul 16, 2013 Jkt 029200 PO 00000 Frm 00220 Fmt 6652 Sfmt 6201 E:\BILLS\H2642.PCS H2642

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1 mize the benefit of Federal investment under 

2 the program. 

3 ‘‘(B) CONSIDERATIONS.—When evaluating 

4 offers from landowners, the Secretary may con5 sider— 

6 ‘‘(i) the conservation benefits of ob7 taining a wetland easement, including the 

8 potential environmental benefits if the land 

9 was removed from agricultural production; 

10 ‘‘(ii) the cost-effectiveness of each 

11 wetland easement, so as to maximize the 

12 environmental benefits per dollar expended; 

13 ‘‘(iii) whether the landowner or an14 other person is offering to contribute fi15 nancially to the cost of the wetland ease16 ment to leverage Federal funds; and 

17 ‘‘(iv) such other factors as the Sec18 retary determines are necessary to carry 

19 out the purposes of the program. 

20 ‘‘(C) PRIORITY.—The Secretary shall place 

21 priority on acquiring wetland easements based 

22 on the value of the wetland easement for pro23 tecting and enhancing habitat for migratory 

24 birds and other wildlife. 


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1 ‘‘(4) AGREEMENT.—To be eligible to place eligi2 ble land into the program through a wetland ease3 ment, the owner of such land shall enter into an 

4 agreement with the Secretary to— 

5 ‘‘(A) grant an easement on such land to 

6 the Secretary; 

7 ‘‘(B) authorize the implementation of a 

8 wetland easement plan developed for the eligible 

9 land under subsection (f); 

10 ‘‘(C) create and record an appropriate 

11 deed restriction in accordance with applicable 

12 State law to reflect the easement agreed to; 

13 ‘‘(D) provide a written statement of con14 sent to such easement signed by those holding 

15 a security interest in the land; 

16 ‘‘(E) comply with the terms and conditions 

17 of the easement and any related agreements; 

18 and 

19 ‘‘(F) permanently retire any existing base 

20 history for the land on which the easement has 

21 been obtained. 

22 ‘‘(5) TERMS AND CONDITIONS OF EASEMENT.— 

23 ‘‘(A) IN GENERAL.—A wetland easement 

24 shall include terms and conditions that— 

25 ‘‘(i) permit— 


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1 ‘‘(I) repairs, improvements, and 

2 inspections on the land that are nec3 essary to maintain existing public 

4 drainage systems; and 

5 ‘‘(II) owners to control public ac6 cess on the easement areas while iden7 tifying access routes to be used for 

8 restoration activities and management 

9 and easement monitoring; 

10 ‘‘(ii) prohibit— 

11 ‘‘(I) the alteration of wildlife 

12 habitat and other natural features of 

13 such land, unless specifically author14 ized by the Secretary; 

15 ‘‘(II) the spraying of such land 

16 with chemicals or the mowing of such 

17 land, except where such spraying or 

18 mowing is authorized by the Secretary 

19 or is necessary— 

20 ‘‘(aa) to comply with Fed21 eral or State noxious weed con22 trol laws; 

23 ‘‘(bb) to comply with a Fed24 eral or State emergency pest 

25 treatment program; or 


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1 ‘‘(cc) to meet habitat needs 

2 of specific wildlife species; 

3 ‘‘(III) any activities to be carried 

4 out on the owner’s or successor’s land 

5 that is immediately adjacent to, and 

6 functionally related to, the land that 

7 is subject to the easement if such ac8 tivities will alter, degrade, or other9 wise diminish the functional value of 

10 the eligible land; and 

11 ‘‘(IV) the adoption of any other 

12 practice that would tend to defeat the 

13 purposes of the program, as deter14 mined by the Secretary; 

15 ‘‘(iii) provide for the efficient and ef16 fective establishment of wildlife functions 

17 and values; and 

18 ‘‘(iv) include such additional provi19 sions as the Secretary determines are de20 sirable to carry out the program or facili21 tate the practical administration thereof. 

22 ‘‘(B) VIOLATION.—On the violation of the 

23 terms or conditions of a wetland easement, the 

24 wetland easement shall remain in force and the 

25 Secretary may require the owner to refund all 


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1 or part of any payments received by the owner 

2 under the program, together with interest 

3 thereon as determined appropriate by the Sec4 retary. 

5 ‘‘(C) COMPATIBLE USES.—Land subject to 

6 a wetland easement may be used for compatible 

7 economic uses, including such activities as 

8 hunting and fishing, managed timber harvest, 

9 or periodic haying or grazing, if such use is spe10 cifically permitted by the wetland easement plan 

11 developed for the land under subsection (f) and 

12 is consistent with the long-term protection and 

13 enhancement of the wetland resources for which 

14 the easement was established. 

15 ‘‘(D) RESERVATION OF GRAZING

16 RIGHTS.—The Secretary may include in the 

17 terms and conditions of a wetland easement a 

18 provision under which the owner reserves graz19 ing rights if— 

20 ‘‘(i) the Secretary determines that the 

21 reservation and use of the grazing rights— 

22 ‘‘(I) is compatible with the land 

23 subject to the easement; 

24 ‘‘(II) is consistent with the his25 torical natural uses of the land and 


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1 the long-term protection and enhance2 ment goals for which the easement 

3 was established; and 

4 ‘‘(III) complies with the wetland 

5 easement plan developed for the land 

6 under subsection (f); and 

7 ‘‘(ii) the agreement provides for a 

8 commensurate reduction in the easement 

9 payment to account for the grazing value, 

10 as determined by the Secretary. 

11 ‘‘(6) COMPENSATION.— 

12 ‘‘(A) DETERMINATION.— 

13 ‘‘(i) PERMANENT EASEMENTS.—The 

14 Secretary shall pay as compensation for a 

15 permanent wetland easement acquired 

16 under the program an amount necessary to 

17 encourage enrollment in the program, 

18 based on the lowest of— 

19 ‘‘(I) the fair market value of the 

20 land, as determined by the Secretary, 

21 using the Uniform Standards of Pro22 fessional Appraisal Practice or an 

23 area-wide market analysis or survey; 


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1 ‘‘(II) the amount corresponding 

2 to a geographical cap, as determined 

3 by the Secretary in regulations; or 

4 ‘‘(III) the offer made by the 

5 landowner. 

6 ‘‘(ii) 30-YEAR EASEMENTS.—Com7 pensation for a 30-year wetland easement 

8 shall be not less than 50 percent, but not 

9 more than 75 percent, of the compensation 

10 that would be paid for a permanent wet11 land easement. 

12 ‘‘(B) FORM OF PAYMENT.—Compensation 

13 for a wetland easement shall be provided by the 

14 Secretary in the form of a cash payment, in an 

15 amount determined under subparagraph (A). 

16 ‘‘(C) PAYMENT SCHEDULE.— 

17 ‘‘(i) EASEMENTS VALUED AT $500,000

18 OR LESS.—For wetland easements valued 

19 at $500,000 or less, the Secretary may 

20 provide easement payments in not more 

21 than 10 annual payments. 

22 ‘‘(ii) EASEMENTS VALUED AT MORE

23 THAN $500,000.—For wetland easements 

24 valued at more than $500,000, the Sec25 retary may provide easement payments in 


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1 at least 5, but not more than 10 annual 

2 payments, except that, if the Secretary de3 termines it would further the purposes of 

4 the program, the Secretary may make a 

5 lump-sum payment for such an easement. 

6 ‘‘(c) EASEMENT RESTORATION.— 

7 ‘‘(1) IN GENERAL.—The Secretary shall provide 

8 financial assistance to owners of eligible land to 

9 carry out the establishment of conservation meas10 ures and practices and protect wetland functions 

11 and values, including necessary maintenance activi12 ties, as set forth in a wetland easement plan devel13 oped for the eligible land under subsection (f). 

14 ‘‘(2) PAYMENTS.—The Secretary shall— 

15 ‘‘(A) in the case of a permanent wetland 

16 easement, pay an amount that is not less than 

17 75 percent, but not more than 100 percent, of 

18 the eligible costs, as determined by the Sec19 retary; and 

20 ‘‘(B) in the case of a 30-year wetland ease21 ment, pay an amount that is not less than 50 

22 percent, but not more than 75 percent, of the 

23 eligible costs, as determined by the Secretary. 

24 ‘‘(d) TECHNICAL ASSISTANCE.— 


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1 ‘‘(1) IN GENERAL.—The Secretary shall assist 

2 owners in complying with the terms and conditions 

3 of wetland easements. 

4 ‘‘(2) CONTRACTS OR AGREEMENTS.—The Sec5 retary may enter into 1 or more contracts with pri6 vate entities or agreements with a State, non-govern7 mental organization, or Indian tribe to carry out 

8 necessary restoration, enhancement, or maintenance 

9 of a wetland easement if the Secretary determines 

10 that the contract or agreement will advance the pur11 poses of the program. 

12 ‘‘(e) WETLAND ENHANCEMENT OPTION.—The Sec13 retary may enter into 1 or more agreements with a State 

14 (including a political subdivision or agency of a State), 

15 nongovernmental organization, or Indian tribe to carry out 

16 a special wetland enhancement option that the Secretary 

17 determines would advance the purposes of program. 

18 ‘‘(f) ADMINISTRATION.— 

19 ‘‘(1) WETLAND EASEMENT PLAN.—The Sec20 retary shall develop a wetland easement plan for eli21 gible lands subject to a wetland easement, which 

22 shall include practices and activities necessary to re23 store, protect, enhance, and maintain the enrolled 

24 lands. 


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1 ‘‘(2) DELEGATION OF EASEMENT ADMINISTRA2 TION.—The Secretary may delegate— 

3 ‘‘(A) any of the easement management, 

4 monitoring, and enforcement responsibilities of 

5 the Secretary to other Federal or State agencies 

6 that have the appropriate authority, expertise, 

7 and resources necessary to carry out such dele8 gated responsibilities; and 

9 ‘‘(B) any of the easement management re10 sponsibilities of the Secretary to other conserva11 tion organizations if the Secretary determines 

12 the organization has the appropriate expertise 

13 and resources. 

14 ‘‘(3) PAYMENTS.— 

15 ‘‘(A) TIMING OF PAYMENTS.—The Sec16 retary shall provide payment for obligations in17 curred by the Secretary under this section— 

18 ‘‘(i) with respect to any easement res19 toration obligation under subsection (c), as 

20 soon as possible after the obligation is in21 curred; and 

22 ‘‘(ii) with respect to any annual ease23 ment payment obligation incurred by the 

24 Secretary, as soon as possible after Octo25 ber 1 of each calendar year. 


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1 ‘‘(B) PAYMENTS TO OTHERS.—If an owner 

2 who is entitled to a payment under this section 

3 dies, becomes incompetent, is otherwise unable 

4 to receive such payment, or is succeeded by an5 other person or entity who renders or completes 

6 the required performance, the Secretary shall 

7 make such payment, in accordance with regula8 tions prescribed by the Secretary and without 

9 regard to any other provision of law, in such 

10 manner as the Secretary determines is fair and 

11 reasonable in light of all of the circumstances. 

12 ‘‘SEC. 1265D. ADMINISTRATION. 

13 ‘‘(a) INELIGIBLE LAND.—The Secretary may not use 

14 program funds for the purposes of acquiring an easement 

15 on— 

16 ‘‘(1) lands owned by an agency of the United 

17 States, other than land held in trust for Indian 

18 tribes; 

19 ‘‘(2) lands owned in fee title by a State, includ20 ing an agency or a subdivision of a State, or a unit 

21 of local government; 

22 ‘‘(3) land subject to an easement or deed re23 striction which, as determined by the Secretary, pro24 vides similar protection as would be provided by en25 rollment in the program; or 


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1 ‘‘(4) lands where the purposes of the program 

2 would be undermined due to on-site or off-site condi3 tions, such as risk of hazardous substances, pro4 posed or existing rights of way, infrastructure devel5 opment, or adjacent land uses. 

6 ‘‘(b) PRIORITY.—In evaluating applications under the 

7 program, the Secretary may give priority to land that is 

8 currently enrolled in the conservation reserve program in 

9 a contract that is set to expire within 1 year and— 

10 ‘‘(1) in the case of an agricultural land ease11 ment, is grassland that would benefit from protec12 tion under a long-term easement; and 

13 ‘‘(2) in the case of a wetland easement, is a 

14 wetland or related area with the highest functions 

15 and value and is likely to return to production after 

16 the land leaves the conservation reserve program. 

17 ‘‘(c) SUBORDINATION, EXCHANGE, MODIFICATION, 

18 AND TERMINATION.— 

19 ‘‘(1) IN GENERAL.—The Secretary may subor20 dinate, exchange, modify, or terminate any interest 

21 in land, or portion of such interest, administered by 

22 the Secretary, either directly or on behalf of the 

23 Commodity Credit Corporation under the program if 

24 the Secretary determines that— 


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1 ‘‘(A) it is in the Federal Government’s in2 terest to subordinate, exchange, modify, or ter3 minate the interest in land; 

4 ‘‘(B) the subordination, exchange, modi5 fication, or termination action— 

6 ‘‘(i) will address a compelling public 

7 need for which there is no practicable al8 ternative; or 

9 ‘‘(ii) such action will further the prac10 tical administration of the program; and 

11 ‘‘(C) the subordination, exchange, modi12 fication, or termination action will result in 

13 comparable conservation value and equivalent 

14 or greater economic value to the United States. 

15 ‘‘(2) CONSULTATION.—The Secretary shall 

16 work with the owner, and eligible entity if applicable, 

17 to address any subordination, exchange, modifica18 tion, or termination of the interest, or portion of 

19 such interest, in land. 

20 ‘‘(3) NOTICE.—At least 90 days before taking 

21 any termination action described in paragraph (1), 

22 the Secretary shall provide written notice of such ac23 tion to the Committee on Agriculture of the House 

24 of Representatives and the Committee on Agri25 culture, Nutrition, and Forestry of the Senate. 


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1 ‘‘(d) LAND ENROLLED IN CONSERVATION RESERVE

2 PROGRAM.—The Secretary may terminate or modify a 

3 contract entered into under section 1231(a) if eligible land 

4 that is subject to such contract is transferred into the pro5 gram. 

6 ‘‘(e) ALLOCATION OF FUNDS FOR AGRICULTURAL

7 LAND EASEMENTS.—Of the funds made available under 

8 section 1241 to carry out the program for a fiscal year, 

9 the Secretary shall, to the extent practicable, use for agri10 cultural land easements— 

11 ‘‘(1) no less than 40 percent in each of fiscal 

12 years 2014 through 2017; and 

13 ‘‘(2) no less than 50 percent in fiscal year 

14 2018.’’. 

15 (b) COMPLIANCE WITH CERTAIN REQUIREMENTS.— 

16 Before an eligible entity or owner of eligible land may re17 ceive assistance under subtitle H of title XII of the Food 

18 Security Act of 1985, the eligible entity or person shall 

19 agree, during the crop year for which the assistance is pro20 vided and in exchange for the assistance— 

21 (1) to comply with applicable conservation re22 quirements under subtitle B of title XII of that Act 

23 (16 U.S.C. 3811 et seq.); and 


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1 (2) to comply with applicable wetland protection 

2 requirements under subtitle C of title XII of that 

3 Act (16 U.S.C. 3821 et seq.). 

4 (c) CROSS REFERENCE; CALCULATION.—Section 

5 1244 of the Food Security Act of 1985 (16 U.S.C. 3844) 

6 is amended— 

7 (1) in subsection (c)— 

8 (A) in paragraph (1)— 

9 (i) by inserting ‘‘and’’ at the end of 

10 subparagraph (A); 

11 (ii) by striking ‘‘and’’ at the end of 

12 subparagraph (B); and 

13 (iii) by striking subparagraph (C); 

14 (B) by redesignating paragraph (2) as 

15 paragraph (3); and 

16 (C) by inserting after paragraph (1) the 

17 following new paragraph: 

18 ‘‘(2) the agricultural conservation easement 

19 program established under subtitle H; and’’; and 

20 (2) in subsection (f)— 

21 (A) in paragraph (1)— 

22 (i) in subparagraph (A), by striking 

23 ‘‘programs administered under subchapters 

24 B and C of chapter 1 of subtitle D’’ and 

25 inserting ‘‘conservation reserve program 


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1 established under subchapter B of chapter 

2 1 of subtitle D and wetland easements 

3 under section 1265C’’; and 

4 (ii) in subparagraph (B), by striking 

5 ‘‘an easement acquired under subchapter C 

6 of chapter 1 of subtitle D’’ and inserting 

7 ‘‘a wetland easement under section 

8 1265C’’; and 

9 (B) by adding at the end the following new 

10 paragraph: 

11 ‘‘(5) CALCULATION.—In calculating the per12 centages described in paragraph (1), the Secretary 

13 shall include any acreage that was included in cal14 culations of percentages made under such para15 graph, as in effect on September 30, 2013, and that 

16 remains enrolled when the calculation is made after 

17 that date under paragraph (1).’’. 

18 (d) EFFECTIVE DATE.—The amendments made by 

19 this section shall take effect on October 1, 2013. 


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1 Subtitle E—Regional Conservation 

2 Partnership Program 

3 SEC. 2401. REGIONAL CONSERVATION PARTNERSHIP PRO4 GRAM. 

5 (a) IN GENERAL.—Title XII of the Food Security 

6 Act of 1985 is amended by inserting after subtitle H, as 

7 added by section 2301, the following new subtitle: 

8 ‘‘Subtitle I—Regional Conservation 

9 Partnership Program 

10 ‘‘SEC. 1271. ESTABLISHMENT AND PURPOSES. 

11 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab12 lish a regional conservation partnership program to imple13 ment eligible activities on eligible land through— 

14 ‘‘(1) partnership agreements with eligible part15 ners; and 

16 ‘‘(2) contracts with producers. 

17 ‘‘(b) PURPOSES.—The purposes of the program are 

18 as follows: 

19 ‘‘(1) To use covered programs to accomplish 

20 purposes and functions similar to those of the fol21 lowing programs, as in effect on September 30, 

22 2013: 

23 ‘‘(A) The agricultural water enhancement 

24 program established under section 1240I. 


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1 ‘‘(B) The Chesapeake Bay watershed pro2 gram established under section 1240Q. 

3 ‘‘(C) The cooperative conservation partner4 ship initiative established under section 1243. 

5 ‘‘(D) The Great Lakes basin program for 

6 soil erosion and sediment control established 

7 under section 1240P. 

8 ‘‘(2) To further the conservation, restoration, 

9 and sustainable use of soil, water, wildlife, and re10 lated natural resources on eligible land on a regional 

11 or watershed scale. 

12 ‘‘(3) To encourage eligible partners to cooperate 

13 with producers in— 

14 ‘‘(A) meeting or avoiding the need for na15 tional, State, and local natural resource regu16 latory requirements related to production on eli17 gible land; and 

18 ‘‘(B) implementing projects that will result 

19 in the carrying out of eligible activities that af20 fect multiple agricultural or nonindustrial pri21 vate forest operations on a local, regional, 

22 State, or multistate basis. 

23 ‘‘SEC. 1271A. DEFINITIONS. 

24 ‘‘In this subtitle: 


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1 ‘‘(1) COVERED PROGRAM.—The term ‘covered 

2 program’ means the following: 

3 ‘‘(A) The agricultural conservation ease4 ment program. 

5 ‘‘(B) The environmental quality incentives 

6 program. 

7 ‘‘(C) The conservation stewardship pro8 gram. 

9 ‘‘(D) The healthy forests reserve program 

10 established under section 501 of the Healthy 

11 Forests Restoration Act of 2003 (16 U.S.C. 

12 6571). 

13 ‘‘(2) ELIGIBLE ACTIVITY.—The term ‘eligible 

14 activity’ means any of the following conservation ac15 tivities: 

16 ‘‘(A) Water quality or quantity conserva17 tion, restoration, or enhancement projects relat18 ing to surface water and groundwater re19 sources, including— 

20 ‘‘(i) the conversion of irrigated crop21 land to the production of less water-inten22 sive agricultural commodities or dryland 

23 farming; or 

24 ‘‘(ii) irrigation system improvement 

25 and irrigation efficiency enhancement. 


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1 ‘‘(B) Drought mitigation. 

2 ‘‘(C) Flood prevention. 

3 ‘‘(D) Water retention. 

4 ‘‘(E) Air quality improvement. 

5 ‘‘(F) Habitat conservation, restoration, 

6 and enhancement. 

7 ‘‘(G) Erosion control and sediment reduc8 tion. 

9 ‘‘(H) Other related activities that the Sec10 retary determines will help achieve conservation 

11 benefits. 

12 ‘‘(3) ELIGIBLE LAND.—The term ‘eligible land’ 

13 means land on which agricultural commodities, live14 stock, or forest-related products are produced, in15 cluding— 

16 ‘‘(A) cropland; 

17 ‘‘(B) grassland; 

18 ‘‘(C) rangeland; 

19 ‘‘(D) pastureland; 

20 ‘‘(E) nonindustrial private forest land; and 

21 ‘‘(F) other land incidental to agricultural 

22 production (including wetlands and riparian 

23 buffers) on which significant natural resource 

24 issues could be addressed under the program. 


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1 ‘‘(4) ELIGIBLE PARTNER.—The term ‘eligible 

2 partner’ means any of the following: 

3 ‘‘(A) An agricultural or silvicultural pro4 ducer association or other group of producers. 

5 ‘‘(B) A State or unit of local government. 

6 ‘‘(C) An Indian tribe. 

7 ‘‘(D) A farmer cooperative. 

8 ‘‘(E) A water district, irrigation district, 

9 rural water district or association, or other or10 ganization with specific water delivery authority 

11 to producers on agricultural land. 

12 ‘‘(F) An institution of higher education. 

13 ‘‘(G) An organization or entity with an es14 tablished history of working cooperatively with 

15 producers on agricultural land, as determined 

16 by the Secretary, to address— 

17 ‘‘(i) local conservation priorities re18 lated to agricultural production, wildlife 

19 habitat development, or nonindustrial pri20 vate forest land management; or 

21 ‘‘(ii) critical watershed-scale soil ero22 sion, water quality, sediment reduction, or 

23 other natural resource issues. 

24 ‘‘(5) PARTNERSHIP AGREEMENT.—The term 

25 ‘partnership agreement’ means an agreement enVerDate Mar 15 2010 21:18 Jul 16, 2013 Jkt 029200 PO 00000 Frm 00241 Fmt 6652 Sfmt 6201 E:\BILLS\H2642.PCS H2642

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1 tered into under section 1271B between the Sec2 retary and an eligible partner. 

3 ‘‘(6) PROGRAM.—The term ‘program’ means 

4 the regional conservation partnership program estab5 lished by this subtitle. 

6 ‘‘SEC. 1271B. REGIONAL CONSERVATION PARTNERSHIPS. 

7 ‘‘(a) PARTNERSHIP AGREEMENTS AUTHORIZED.— 

8 The Secretary may enter into a partnership agreement 

9 with an eligible partner to implement a project that will 

10 assist producers with installing and maintaining an eligi11 ble activity on eligible land. 

12 ‘‘(b) LENGTH.—A partnership agreement shall be for 

13 a period not to exceed 5 years, except that the Secretary 

14 may extend the agreement one time for up to 12 months 

15 when an extension is necessary to meet the objectives of 

16 the program. 

17 ‘‘(c) DUTIES OF PARTNERS.— 

18 ‘‘(1) IN GENERAL.—Under a partnership agree19 ment, the eligible partner shall— 

20 ‘‘(A) define the scope of a project, includ21 ing— 

22 ‘‘(i) the eligible activities to be imple23 mented; 


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1 ‘‘(ii) the potential agricultural or non2 industrial private forest land operations af3 fected; 

4 ‘‘(iii) the local, State, multistate, or 

5 other geographic area covered; and 

6 ‘‘(iv) the planning, outreach, imple7 mentation, and assessment to be con8 ducted; 

9 ‘‘(B) conduct outreach to producers for po10 tential participation in the project; 

11 ‘‘(C) at the request of a producer, act on 

12 behalf of a producer participating in the project 

13 in applying for assistance under section 1271C; 

14 ‘‘(D) leverage financial or technical assist15 ance provided by the Secretary with additional 

16 funds to help achieve the project objectives; 

17 ‘‘(E) conduct an assessment of the 

18 project’s effects; and 

19 ‘‘(F) at the conclusion of the project, re20 port to the Secretary on its results and funds 

21 leveraged. 

22 ‘‘(2) CONTRIBUTION.—An eligible partner shall 

23 provide a significant portion of the overall costs of 

24 the scope of the project that is the subject of the 


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1 agreement entered into under subsection (a), as de2 termined by the Secretary. 

3 ‘‘(d) APPLICATIONS.— 

4 ‘‘(1) COMPETITIVE PROCESS.—The Secretary 

5 shall conduct a competitive process to select applica6 tions for partnership agreements and may assess 

7 and rank applications with similar conservation pur8 poses as a group. 

9 ‘‘(2) CRITERIA USED.—In carrying out the 

10 process described in paragraph (1), the Secretary 

11 shall make public the criteria used in evaluating ap12 plications. 

13 ‘‘(3) CONTENT.—An application to the Sec14 retary shall include a description of— 

15 ‘‘(A) the scope of the project, as described 

16 in subsection (c)(1)(A); 

17 ‘‘(B) the plan for monitoring, evaluating, 

18 and reporting on progress made toward achiev19 ing the project’s objectives; 

20 ‘‘(C) the program resources requested for 

21 the project, including the covered programs to 

22 be used and estimated funding needed from the 

23 Secretary; 

24 ‘‘(D) eligible partners collaborating to 

25 achieve project objectives, including their roles, 


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1 responsibilities, capabilities, and financial con2 tribution; and 

3 ‘‘(E) any other elements the Secretary con4 siders necessary to adequately evaluate and 

5 competitively select applications for funding 

6 under the program. 

7 ‘‘(4) PRIORITY TO CERTAIN APPLICATIONS.— 

8 The Secretary may give a higher priority to applica9 tions that— 

10 ‘‘(A) assist producers in meeting or avoid11 ing the need for a natural resource regulatory 

12 requirement; 

13 ‘‘(B) have a high percentage of eligible 

14 producers in the area to be covered by the 

15 agreement; 

16 ‘‘(C) significantly leverage non-Federal fi17 nancial and technical resources and coordinate 

18 with other local, State, or national efforts; 

19 ‘‘(D) deliver high percentages of applied 

20 conservation to address conservation priorities 

21 or regional, State, or national conservation ini22 tiatives; 

23 ‘‘(E) provide innovation in conservation 

24 methods and delivery, including outcome-based 

25 performance measures and methods; or 


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1 ‘‘(F) meet other factors that are important 

2 for achieving the purposes of the program, as 

3 determined by the Secretary. 

4 ‘‘SEC. 1271C. ASSISTANCE TO PRODUCERS. 

5 ‘‘(a) IN GENERAL.—The Secretary shall enter into 

6 contracts with producers to provide financial and technical 

7 assistance to— 

8 ‘‘(1) producers participating in a project with 

9 an eligible partner, as described in section 1271B; or 

10 ‘‘(2) producers that fit within the scope of a 

11 project described in section 1271B or a critical con12 servation area designated under section 1271F, but 

13 who are seeking to implement an eligible activity on 

14 eligible land independent of a partner. 

15 ‘‘(b) TERMS AND CONDITIONS.— 

16 ‘‘(1) CONSISTENCY WITH PROGRAM RULES.— 

17 Except as provided in paragraph (2), the Secretary 

18 shall ensure that the terms and conditions of a con19 tract under this section are consistent with the ap20 plicable rules of the covered programs to be used as 

21 part of the project, as described in the application 

22 under section 1271B(d)(3)(C). 

23 ‘‘(2) ADJUSTMENTS.—Except with respect to 

24 statutory program requirements governing appeals, 

25 payment limitations, and conservation compliance, 


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1 the Secretary may adjust the discretionary program 

2 rules of a covered program— 

3 ‘‘(A) to provide a simplified application 

4 and evaluation process; and 

5 ‘‘(B) to better reflect unique local cir6 cumstances and purposes if the Secretary deter7 mines such adjustments are necessary to 

8 achieve the purposes of the program. 

9 ‘‘(c) PAYMENTS.— 

10 ‘‘(1) IN GENERAL.—In accordance with statu11 tory requirements of the covered programs involved, 

12 the Secretary may make payments to a producer in 

13 an amount determined by the Secretary to be nec14 essary to achieve the purposes of the program. 

15 ‘‘(2) PAYMENTS TO PRODUCERS IN STATES

16 WITH WATER QUANTITY CONCERNS.—The Secretary 

17 may provide payments to producers participating in 

18 a project that addresses water quantity concerns for 

19 a period of five years in an amount sufficient to en20 courage conversion from irrigated farming to 

21 dryland farming. 

22 ‘‘(3) WAIVER AUTHORITY.—To assist in the im23 plementation of the program, the Secretary may 

24 waive the applicability of the limitation in section 

25 1001D(b)(2) of this Act for participating producers 


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1 if the Secretary determines that the waiver is nec2 essary to fulfill the objectives of the program. 

3 ‘‘SEC. 1271D. FUNDING. 

4 ‘‘(a) AVAILABILITY OF FUNDS.—The Secretary shall 

5 use $100,000,000 of the funds of the Commodity Credit 

6 Corporation for each of fiscal years 2014 through 2018 

7 to carry out the program. 

8 ‘‘(b) DURATION OF AVAILABILITY.—Funds made 

9 available under subsection (a) shall remain available until 

10 expended. 

11 ‘‘(c) ADDITIONAL FUNDING AND ACRES.— 

12 ‘‘(1) IN GENERAL.—In addition to the funds 

13 made available under subsection (a), the Secretary 

14 shall reserve 6 percent of the funds and acres made 

15 available for a covered program for each of fiscal 

16 years 2014 through 2018 in order to ensure addi17 tional resources are available to carry out this pro18 gram. 

19 ‘‘(2) UNUSED FUNDS AND ACRES.—Any funds 

20 or acres reserved under paragraph (1) for a fiscal 

21 year from a covered program that are not obligated 

22 under this program by April 1 of that fiscal year 

23 shall be returned for use under the covered program. 


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1 ‘‘(d) ALLOCATION OF FUNDING.—Of the funds and 

2 acres made available for the program under subsections 

3 (a) and (c), the Secretary shall allocate— 

4 ‘‘(1) 25 percent of the funds and acres to 

5 projects based on a State competitive process admin6 istered by the State Conservationist, with the advice 

7 of the State technical committee established under 

8 subtitle G; 

9 ‘‘(2) 50 percent of the funds and acres to 

10 projects based on a national competitive process to 

11 be established by the Secretary; and 

12 ‘‘(3) 25 percent of the funds and acres to 

13 projects for the critical conservation areas des14 ignated under section 1271F. 

15 ‘‘(e) LIMITATION ON ADMINISTRATIVE EXPENSES.— 

16 None of the funds made available under the program may 

17 be used to pay for the administrative expenses of eligible 

18 partners. 

19 ‘‘SEC. 1271E. ADMINISTRATION. 

20 ‘‘(a) DISCLOSURE.—In addition to the criteria used 

21 in evaluating applications as described in section 

22 1271B(d)(2), the Secretary shall make publicly available 

23 information on projects selected through the competitive 

24 process described in section 1271B(d)(1). 


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1 ‘‘(b) REPORTING.—Not later than December 31, 

2 2014, and every two years thereafter, the Secretary shall 

3 submit to the Committee on Agriculture of the House of 

4 Representatives and the Committee on Agriculture, Nutri5 tion, and Forestry of the Senate a report on the status 

6 of projects funded under the program, including— 

7 ‘‘(1) the number and types of eligible partners 

8 and producers participating in the partnership 

9 agreements selected; 

10 ‘‘(2) the number of producers receiving assist11 ance; and 

12 ‘‘(3) total funding committed to projects, in13 cluding from Federal and non-Federal resources. 

14 ‘‘SEC. 1271F. CRITICAL CONSERVATION AREAS. 

15 ‘‘(a) IN GENERAL.—In administering funds under 

16 section 1271D(d)(3), the Secretary shall select applica17 tions for partnership agreements and producer contracts 

18 within critical conservation areas designated under this 

19 section. 

20 ‘‘(b) CRITICAL CONSERVATION AREA DESIGNA21 TIONS.— 

22 ‘‘(1) PRIORITY.—In designating critical con23 servation areas under this section, the Secretary 

24 shall give priority to geographical areas based on the 

25 degree to which the geographical area— 


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1 ‘‘(A) includes multiple States with signifi2 cant agricultural production; 

3 ‘‘(B) is covered by an existing regional, 

4 State, binational, or multistate agreement or 

5 plan that has established objectives, goals, and 

6 work plans and is adopted by a Federal, State, 

7 or regional authority; 

8 ‘‘(C) would benefit from water quality im9 provement, including through reducing erosion, 

10 promoting sediment control, and addressing nu11 trient management activities affecting large 

12 bodies of water of regional, national, or inter13 national significance; 

14 ‘‘(D) would benefit from water quantity 

15 improvement, including improvement relating 

16 to— 

17 ‘‘(i) groundwater, surface water, aqui18 fer, or other water sources; or 

19 ‘‘(ii) a need to promote water reten20 tion and flood prevention; or 

21 ‘‘(E) contains producers that need assist22 ance in meeting or avoiding the need for a nat23 ural resource regulatory requirement that could 

24 have a negative economic impact on agricultural 

25 operations within the area. 


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1 ‘‘(2) LIMITATION.—The Secretary may not des2 ignate more than 8 geographical areas as critical 

3 conservation areas under this section. 

4 ‘‘(c) ADMINISTRATION.— 

5 ‘‘(1) IN GENERAL.—Except as provided in para6 graph (2), the Secretary shall administer any part7 nership agreement or producer contract under this 

8 section in a manner that is consistent with the terms 

9 of the program. 

10 ‘‘(2) RELATIONSHIP TO EXISTING ACTIVITY.— 

11 The Secretary shall, to the maximum extent prac12 ticable, ensure that eligible activities carried out in 

13 critical conservation areas designated under this sec14 tion complement and are consistent with other Fed15 eral and State programs and water quality and 

16 quantity strategies. 

17 ‘‘(3) ADDITIONAL AUTHORITY.—For a critical 

18 conservation area described in subsection (b)(1)(D), 

19 the Secretary may use authorities under the Water20 shed Protection and Flood Prevention Act (16 

21 U.S.C. 1001 et seq.), other than section 14 of such 

22 Act (16 U.S.C. 1012), to carry out projects for the 

23 purposes of this section.’’. 

24 (b) EFFECTIVE DATE.—The amendment made by 

25 this section shall take effect on October 1, 2013. 


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1 Subtitle F—Other Conservation 

2 Programs 

3 SEC. 2501. CONSERVATION OF PRIVATE GRAZING LAND. 

4 Section 1240M(e) of the Food Security Act of 1985 

5 (16 U.S.C. 3839bb(e)) is amended by striking ‘‘2012’’ and 

6 inserting ‘‘2018’’. 

7 SEC. 2502. GRASSROOTS SOURCE WATER PROTECTION 

8 PROGRAM. 

9 Section 1240O(b) of the Food Security Act of 1985 

10 (16 U.S.C. 3839bb–2) is amended to read as follows: 

11 ‘‘(b) FUNDING.— 

12 ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— 

13 There is authorized to be appropriated to carry out 

14 this section $20,000,000 for each of fiscal years 

15 2008 through 2018. 

16 ‘‘(2) AVAILABILITY OF FUNDS.—In addition to 

17 funds made available under paragraph (1), of the 

18 funds of the Commodity Credit Corporation, the 

19 Secretary shall use $5,000,000, to remain available 

20 until expended.’’. 

21 SEC. 2503. VOLUNTARY PUBLIC ACCESS AND HABITAT IN22 CENTIVE PROGRAM. 

23 (a) FUNDING.—Section 1240R(f)(1) of the Food Se24 curity Act of 1985 (16 U.S.C. 3839bb–5(f)(1)) is amended 

25 by inserting before the period at the end the following: 


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1 ‘‘and $30,000,000 for the period of fiscal years 2014 

2 through 2018’’. 

3 (b) REPORT ON PROGRAM EFFECTIVENESS.—Not 

4 later than two years after the date of the enactment of 

5 this Act, the Secretary of Agriculture shall submit to the 

6 Committee on Agriculture of the House of Representatives 

7 and the Committee on Agriculture, Nutrition, and For8 estry of the Senate a report evaluating the effectiveness 

9 of the voluntary public access program established by sec10 tion 1240R of the Food Security Act of 1985 (16 U.S.C. 

11 3839bb–5), including— 

12 (1) identifying cooperating agencies; 

13 (2) identifying the number of land holdings and 

14 total acres enrolled by each State and tribal govern15 ment; 

16 (3) evaluating the extent of improved access on 

17 eligible lands, improved wildlife habitat, and related 

18 economic benefits; and 

19 (4) any other relevant information and data re20 lating to the program that would be helpful to such 

21 committees. 


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1 SEC. 2504. AGRICULTURE CONSERVATION EXPERIENCED 

2 SERVICES PROGRAM. 

3 (a) FUNDING.—Subsection (c) of section 1252 of the 

4 Food Security Act of 1985 (16 U.S.C. 3851) is amended 

5 to read as follows: 

6 ‘‘(c) FUNDING.— 

7 ‘‘(1) IN GENERAL.—The Secretary may carry 

8 out the ACES program using funds made available 

9 to carry out each program under this title. 

10 ‘‘(2) EXCLUSION.—Funds made available to 

11 carry out the conservation reserve program may not 

12 be used to carry out the ACES program.’’. 

13 (b) EFFECTIVE DATE.—The amendment made by 

14 this section shall take effect on October 1, 2013. 

15 SEC. 2505. SMALL WATERSHED REHABILITATION PRO16 GRAM. 

17 (a) AVAILABILITY OF FUNDS.—Section 14(h)(1) of 

18 the Watershed Protection and Flood Prevention Act (16 

19 U.S.C. 1012(h)(1)) is amended— 

20 (1) in subparagraph (E), by striking ‘‘; and’’ 

21 and inserting a semicolon; 

22 (2) in subparagraph (F), by striking the period 

23 and inserting a semicolon; 

24 (3) in subparagraph (G), by striking the period 

25 and inserting ‘‘; and’’; and 


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1 (4) by adding at the end the following new sub2 paragraph: 

3 ‘‘(H) $250,000,000 for fiscal year 2014, to 

4 remain available until expended.’’. 

5 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

6 14(h)(2)(E) of the Watershed Protection and Flood Pre7 vention Act (16 U.S.C. 1012(h)(2)(E)) is amended by 

8 striking ‘‘2012’’ and inserting ‘‘2018’’. 

9 SEC. 2506. AGRICULTURAL MANAGEMENT ASSISTANCE 

10 PROGRAM. 

11 (a) USES.—Section 524(b)(2) of the Federal Crop 

12 Insurance Act (7 U.S.C. 1524(b)(2)) is amended— 

13 (1) by striking subparagraph (B) and redesig14 nating subparagraphs (C) through (F) as subpara15 graphs (B) through (E), respectively; and 

16 (2) in subparagraph (B) (as so redesignated)— 

17 (A) in the matter preceding clause (i), by 

18 striking ‘‘or resource conservation practices’’; 

19 and 

20 (B) by striking clause (i) and redesig21 nating clauses (ii) through (iv) as clauses (i) 

22 through (iii), respectively. 

23 (b) COMMODITY CREDIT CORPORATION.— 


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1 (1) FUNDING.—Section 524(b)(4)(B) of the 

2 Federal Crop Insurance Act (7 U.S.C. 

3 1524(b)(4)(B)) is amended to read as follows: 

4 ‘‘(B) FUNDING.—The Commodity Credit 

5 Corporation shall make available to carry out 

6 this subsection not less than $10,000,000 for 

7 each fiscal year.’’. 

8 (2) CERTAIN USES.—Section 524(b)(4)(C) of 

9 the Federal Crop Insurance Act (7 U.S.C. 

10 1524(b)(4)(C)) is amended— 

11 (A) in clause (i)— 

12 (i) by striking ‘‘50’’ and inserting 

13 ‘‘30’’; and 

14 (ii) by striking ‘‘(A), (B), and (C)’’ 

15 and inserting ‘‘(A) and (B)’’; and 

16 (B) in clause (iii), by striking ‘‘40’’ and in17 serting ‘‘60’’. 

18 SEC. 2507. EMERGENCY WATERSHED PROTECTION PRO19 GRAM. 

20 Section 403 of the Agricultural Credit Act of 1978 

21 (16 U.S.C. 2203) is amended by adding at the end the 

22 following new sentence: ‘‘In evaluating requests for assist23 ance under this section, the Secretary shall give priority 

24 consideration to projects that address runoff retardation 

25 and soil-erosion preventive measures needed to mitigate 


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1 the risks and remediate the effects of catastrophic wildfire 

2 on land that is the source of drinking water for landowners 

3 and land users.’’. 

4 Subtitle G—Funding and 

5 Administration 

6 SEC. 2601. FUNDING. 

7 (a) IN GENERAL.—Subsection (a) of section 1241 of 

8 the Food Security Act of 1985 (16 U.S.C. 3841) is 

9 amended to read as follows: 

10 ‘‘(a) ANNUAL FUNDING.—For each of fiscal years 

11 2014 through 2018, the Secretary shall use the funds, fa12 cilities, and authorities of the Commodity Credit Corpora13 tion to carry out the following programs under this title 

14 (including the provision of technical assistance): 

15 ‘‘(1) The conservation reserve program under 

16 subchapter B of chapter 1 of subtitle D, including, 

17 to the maximum extent practicable, $25,000,000 for 

18 the period of fiscal years 2014 through 2018 to 

19 carry out section 1235(f) to facilitate the transfer of 

20 land subject to contracts from retired or retiring 

21 owners and operators to beginning farmers or ranch22 ers and socially disadvantaged farmers or ranchers. 

23 ‘‘(2) The agriculture conservation easement 

24 program under subtitle H, using, to the maximum 

25 extent practicable— 


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1 ‘‘(A) $425,000,000 in fiscal year 2014; 

2 ‘‘(B) $450,000,000 in fiscal year 2015; 

3 ‘‘(C) $475,000,000 in fiscal year 2016; 

4 ‘‘(D) $500,000,000 in fiscal year 2017; 

5 and 

6 ‘‘(E) $200,000,000 in fiscal year 2018. 

7 ‘‘(3) The conservation security program under 

8 subchapter A of chapter 2 of subtitle D, using such 

9 sums as are necessary to administer contracts en10 tered into before September 30, 2008. 

11 ‘‘(4) The conservation stewardship program 

12 under subchapter B of chapter 2 of subtitle D. 

13 ‘‘(5) The environmental quality incentives pro14 gram under chapter 4 of subtitle D, using, to the 

15 maximum extent practicable, $1,750,000,000 for 

16 each of fiscal years 2014 through 2018.’’. 

17 (b) REGIONAL EQUITY; GUARANTEED AVAILABILITY

18 OF FUNDS.—Section 1241 of the Food Security Act of 

19 1985 (16 U.S.C. 3841) is amended— 

20 (1) by striking subsection (d); 

21 (2) by redesignating subsections (b) and (c) as 

22 subsections (c) and (d), respectively; and 

23 (3) by inserting after subsection (a) the fol24 lowing new subsection: 


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1 ‘‘(b) AVAILABILITY OF FUNDS.—Amounts made 

2 available by subsection (a) shall be used by the Secretary 

3 to carry out the programs specified in such subsection for 

4 fiscal years 2014 through 2018 and shall remain available 

5 until expended. Amounts made available for the programs 

6 specified in such subsection during a fiscal year through 

7 modifications, cancellations, terminations, and other re8 lated administrative actions and not obligated in that fis9 cal year shall remain available for obligation during subse10 quent fiscal years, but shall reduce the amount of addi11 tional funds made available in the subsequent fiscal year 

12 by an amount equal to the amount remaining unobli13 gated.’’. 

14 (c) EFFECTIVE DATE.—The amendments made by 

15 this section shall take effect on October 1, 2013. 

16 SEC. 2602. TECHNICAL ASSISTANCE. 

17 (a) IN GENERAL.—Subsection (c) of section 1241 of 

18 the Food Security Act of 1985 (16 U.S.C. 3841), as redes19 ignated by section 2601(b)(2) of this Act, is amended to 

20 read as follows: 

21 ‘‘(c) TECHNICAL ASSISTANCE.— 

22 ‘‘(1) AVAILABILITY OF FUNDS.—Commodity 

23 Credit Corporation funds made available for a fiscal 

24 year for each of the programs specified in subsection 

25 (a)— 


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1 ‘‘(A) shall be available for the provision of 

2 technical assistance for the programs for which 

3 funds are made available as necessary to imple4 ment the programs effectively; and 

5 ‘‘(B) shall not be available for the provi6 sion of technical assistance for conservation 

7 programs specified in subsection (a) other than 

8 the program for which the funds were made 

9 available. 

10 ‘‘(2) REPORT.—Not later than December 31, 

11 2013, the Secretary shall submit (and update as 

12 necessary in subsequent years) to the Committee on 

13 Agriculture of the House of Representatives and the 

14 Committee on Agriculture, Nutrition, and Forestry 

15 of the Senate a report— 

16 ‘‘(A) detailing the amount of technical as17 sistance funds requested and apportioned in 

18 each program specified in subsection (a) during 

19 the preceding fiscal year; and 

20 ‘‘(B) any other data relating to this sub21 section that would be helpful to such commit22 tees.’’. 

23 (b) EFFECTIVE DATE.—The amendment made by 

24 this section shall take effect on October 1, 2013. 


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1 SEC. 2603. RESERVATION OF FUNDS TO PROVIDE ASSIST2 ANCE TO CERTAIN FARMERS OR RANCHERS 

3 FOR CONSERVATION ACCESS. 

4 (a) IN GENERAL.—Subsection (g) of section 1241 of 

5 the Food Security Act of 1985 (16 U.S.C. 3841) is 

6 amended— 

7 (1) in paragraph (1) by striking ‘‘2012’’ and in8 serting ‘‘2018’’; and 

9 (2) by adding at the end the following new 

10 paragraph: 

11 ‘‘(4) PREFERENCE.—In providing assistance 

12 under paragraph (1), the Secretary shall give pref13 erence to a veteran farmer or rancher (as defined in 

14 section 2501(e) of the Food, Agriculture, Conserva15 tion, and Trade Act of 1990 (7 U.S.C. 2279(e))) 

16 that qualifies under subparagraph (A) or (B) of 

17 paragraph (1).’’. 

18 (b) EFFECTIVE DATE.—The amendments made by 

19 this section shall take effect on October 1, 2013. 

20 SEC. 2604. ANNUAL REPORT ON PROGRAM ENROLLMENTS 

21 AND ASSISTANCE. 

22 (a) IN GENERAL.—Subsection (h) of section 1241 of 

23 the Food Security Act of 1985 (16 U.S.C. 3841) is 

24 amended— 


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1 (1) in paragraph (1), by striking ‘‘wetlands re2 serve program’’ and inserting ‘‘agricultural conserva3 tion easement program’’; 

4 (2) by striking paragraphs (2) and (3) and re5 designating paragraphs (4), (5), and (6) as para6 graphs (2), (3), and (4), respectively; and 

7 (3) in paragraph (3) (as so redesignated)— 

8 (A) by striking ‘‘agricultural water en9 hancement program’’ and inserting ‘‘regional 

10 conservation partnership program’’; and 

11 (B) by striking ‘‘1240I(g)’’ and inserting 

12 ‘‘1271C(c)(3)’’. 

13 (b) EFFECTIVE DATE.—The amendments made by 

14 this section shall take effect on October 1, 2013. 

15 SEC. 2605. REVIEW OF CONSERVATION PRACTICE STAND16 ARDS. 

17 Section 1242(h)(1)(A) of the Food Security Act of 

18 1985 (16 U.S.C. 3842(h)(1)(A)) is amended by striking 

19 ‘‘the Food, Conservation, and Energy Act of 2008’’ and 

20 inserting ‘‘the Federal Agriculture Reform and Risk Man21 agement Act of 2013’’. 

22 SEC. 2606. ADMINISTRATIVE REQUIREMENTS APPLICABLE 

23 TO ALL CONSERVATION PROGRAMS. 

24 (a) IN GENERAL.—Section 1244 of the Food Security 

25 Act of 1985 (16 U.S.C. 3844) is amended— 


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1 (1) in subsection (a)(2), by adding at the end 

2 the following new subparagraph: 

3 ‘‘(E) Veteran farmers or ranchers (as de4 fined in section 2501(e) of the Food, Agri5 culture, Conservation, and Trade Act of 1990 

6 (7 U.S.C. 2279(e))).’’; 

7 (2) in subsection (d), by inserting ‘‘, H, and I’’ 

8 before the period at the end; 

9 (3) in subsection (f)— 

10 (A) in paragraph (1)(B), by striking 

11 ‘‘country’’ and inserting ‘‘county’’; and 

12 (B) in paragraph (3), by striking ‘‘sub13 section (c)(2)(B) or (f)(4)’’ and inserting ‘‘sub14 section (c)(2)(A)(ii) or (f)(2)’’; 

15 (4) in subsection (h)(2), by inserting ‘‘, includ16 ing, to the extent practicable, practices that maxi17 mize benefits for honey bees’’ after ‘‘pollinators’’; 

18 and 

19 (5) by adding at the end the following new sub20 sections: 

21 ‘‘(j) IMPROVED ADMINISTRATIVE EFFICIENCY AND

22 EFFECTIVENESS.—In administrating a conservation pro23 gram under this title, the Secretary shall, to the maximum 

24 extent practicable— 


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1 ‘‘(1) seek to reduce administrative burdens and 

2 costs to producers by streamlining conservation 

3 planning and program resources; and 

4 ‘‘(2) take advantage of new technologies to en5 hance efficiency and effectiveness. 

6 ‘‘(k) RELATION TO OTHER PAYMENTS.—Any pay7 ment received by an owner or operator under this title, 

8 including an easement payment or rental payment, shall 

9 be in addition to, and not affect, the total amount of pay10 ments that the owner or operator is otherwise eligible to 

11 receive under any of the following: 

12 ‘‘(1) This Act. 

13 ‘‘(2) The Agricultural Act of 1949 (7 U.S.C. 

14 1421 et seq.). 

15 ‘‘(3) The Federal Agriculture Reform and Risk 

16 Management Act of 2013. 

17 ‘‘(4) Any law that succeeds a law specified in 

18 paragraph (1), (2), or (3).’’. 

19 (b) EFFECTIVE DATE.—The amendments made by 

20 this section shall take effect on October 1, 2013. 

21 SEC. 2607. STANDARDS FOR STATE TECHNICAL COMMIT22 TEES. 

23 Section 1261(b) of the Food Security Act of 1985 

24 (16 U.S.C. 3861(b)) is amended by striking ‘‘Not later 

25 than 180 days after the date of enactment of the Food, 


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1 Conservation, and Energy Act of 2008, the Secretary shall 

2 develop’’ and inserting ‘‘The Secretary shall review and 

3 update as necessary’’. 

4 SEC. 2608. RULEMAKING AUTHORITY. 

5 Subtitle E of title XII of the Food Security Act of 

6 1985 (16 U.S.C. 3841 et seq.) is amended by adding at 

7 the end the following new section: 

8 ‘‘SEC. 1246. REGULATIONS. 

9 ‘‘(a) IN GENERAL.—The Secretary shall promulgate 

10 such regulations as are necessary to implement programs 

11 under this title, including such regulations as the Sec12 retary determines to be necessary to ensure a fair and rea13 sonable application of the limitations established under 

14 section 1244(f). 

15 ‘‘(b) RULEMAKING PROCEDURE.—The promulgation 

16 of regulations and administration of programs under this 

17 title— 

18 ‘‘(1) shall be carried out without regard to— 

19 ‘‘(A) the Statement of Policy of the Sec20 retary effective July 24, 1971 (36 Fed. Reg. 

21 13804), relating to notices of proposed rule22 making and public participation in rulemaking; 

23 and 


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1 ‘‘(B) chapter 35 of title 44, United States 

2 Code (commonly known as the Paperwork Re3 duction Act); and 

4 ‘‘(2) shall be made pursuant to section 553 of 

5 title 5, United States Code, including by interim 

6 rules effective on publication under the authority 

7 provided in subparagraph (B) of subsection (b) of 

8 such section if the Secretary determines such in9 terim rules to be needed and final rules, with an op10 portunity for notice and comment, no later than 21 

11 months after the date of the enactment of the Fed12 eral Agriculture Reform and Risk Management Act 

13 of 2013.’’. 

14 SEC. 2609. WETLANDS MITIGATION. 

15 Section 1222 of the Food Security Act of 1985 (16 

16 U.S.C. 3822) is amended— 

17 (1) in subsection (f)— 

18 (A) in paragraph (2)(D), by striking ‘‘un19 less more acreage is needed to provide equiva20 lent functions and values that will be lost as a 

21 result of the wetland conversion to be miti22 gated’’; and 

23 (B) in paragraph (2)(E)— 

24 (i) by inserting ‘‘not’’ before ‘‘greater 

25 than’’; and 


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1 (ii) by striking ‘‘if more acreage is 

2 needed to provide equivalent functions and 

3 values that will be lost as a result of the 

4 wetland conversion that is mitigated’’; and 

5 (2) by striking subsection (g). 

6 SEC. 2610. LESSER PRAIRIE-CHICKEN CONSERVATION RE7 PORT. 

8 (a) IN GENERAL.—Not later than 90 days after the 

9 date of enactment of this Act, the Secretary shall submit 

10 to the Committee on Agriculture of the House of Rep11 resentatives and the Committee on Agriculture, Nutrition, 

12 and Forestry of the Senate a report containing the results 

13 of a review and analysis of each of the programs adminis14 tered by the Secretary that pertain to the conservation of 

15 the lesser prairie-chicken, including the conservation re16 serve program, the environmental quality incentives pro17 gram, the wildlife habitat incentive program, and the 

18 Lesser Prairie-Chicken Initiative. 

19 (b) CONTENTS.—The Secretary shall include in the 

20 report required by this section, at a minimum— 

21 (1) with respect to each program described in 

22 subsection (a) as it relates to the conservation of the 

23 lesser prairie-chicken, findings regarding— 


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1 (A) the cost of the program to the Federal 

2 Government, impacted State governments, and 

3 the private sector; 

4 (B) the conservation effectiveness of the 

5 program; and 

6 (C) the cost-effectiveness of the program; 

7 and 

8 (2) a ranking of the programs described in sub9 section (a) based on their relative cost-effectiveness. 

10 Subtitle H—Repeal of Superseded 

11 Program Authorities and Tran12 sitional Provisions; Technical 

13 Amendments 

14 SEC. 2701. COMPREHENSIVE CONSERVATION ENHANCE15 MENT PROGRAM. 

16 (a) REPEAL.—Section 1230 of the Food Security Act 

17 of 1985 (16 U.S.C. 3830) is repealed. 

18 (b) CONFORMING AMENDMENT.—The heading of 

19 chapter 1 of subtitle D of title XII of the Food Security 

20 Act of 1985 (16 U.S.C. 3830 et seq.) is amended to read 

21 as follows: ‘‘CONSERVATION RESERVE’’. 

22 SEC. 2702. EMERGENCY FORESTRY CONSERVATION RE23 SERVE PROGRAM. 

24 (a) REPEAL.—Section 1231A of the Food Security 

25 Act of 1985 (16 U.S.C. 3831a) is repealed. 


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1 (b) TRANSITIONAL PROVISIONS.— 

2 (1) EFFECT ON EXISTING CONTRACTS.—The 

3 amendment made by this section shall not affect the 

4 validity or terms of any contract entered into by the 

5 Secretary of Agriculture under section 1231A of the 

6 Food Security Act of 1985 (16 U.S.C. 3831a) before 

7 October 1, 2013, or any payments required to be 

8 made in connection with the contract. 

9 (2) FUNDING.—The Secretary may use funds 

10 made available to carry out the conservation reserve 

11 program under subchapter B of chapter 1 of subtitle 

12 D of title XII of the Food Security Act of 1985 (16 

13 U.S.C. 3831 et seq.) to continue to carry out con14 tracts referred to in paragraph (1) using the provi15 sions of law and regulation applicable to such con16 tracts as they existed on September 30, 2013. 

17 (c) EFFECTIVE DATE.—The amendment made by 

18 this section shall take effect on October 1, 2013. 

19 SEC. 2703. WETLANDS RESERVE PROGRAM. 

20 (a) REPEAL.—Subchapter C of chapter 1 of subtitle 

21 D of title XII of the Food Security Act of 1985 (16 U.S.C. 

22 3837 et seq.) is repealed. 

23 (b) TRANSITIONAL PROVISIONS.— 

24 (1) EFFECT ON EXISTING CONTRACTS.—The 

25 amendment made by this section shall not affect the 


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1 validity or terms of any contract entered into by the 

2 Secretary of Agriculture under subchapter C of 

3 chapter 1 of subtitle D of title XII of the Food Se4 curity Act of 1985 (16 U.S.C. 3837 et seq.) before 

5 October 1, 2013, or any payments required to be 

6 made in connection with the contract. 

7 (2) FUNDING.—The Secretary may use funds 

8 made available to carry out the agricultural con9 servation easement program under subtitle H of title 

10 XII of the Food Security Act of 1985, as added by 

11 section 2301 of this Act, to continue to carry out 

12 contracts referred to in paragraph (1) using the pro13 visions of law and regulation applicable to such con14 tracts as they existed on September 30, 2013. 

15 (c) EFFECTIVE DATE.—The amendment made by 

16 this section shall take effect on October 1, 2013. 

17 SEC. 2704. FARMLAND PROTECTION PROGRAM AND FARM 

18 VIABILITY PROGRAM. 

19 (a) REPEAL.—Subchapter C of chapter 2 of subtitle 

20 D of title XII of the Food Security Act of 1985 (16 U.S.C. 

21 3838h et seq.) is repealed. 

22 (b) CONFORMING AMENDMENT.—The heading of 

23 chapter 2 of subtitle D of title XII of the Food Security 

24 Act of 1985 (16 U.S.C. 3838 et seq.) is amended by strik25 ing ‘‘AND FARMLAND PROTECTION’’. 


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1 (c) TRANSITIONAL PROVISIONS.— 

2 (1) EFFECT ON EXISTING CONTRACTS.—The 

3 amendments made by this section shall not affect 

4 the validity or terms of any contract entered into by 

5 the Secretary of Agriculture under subchapter C of 

6 chapter 2 of subtitle D of title XII of the Food Se7 curity Act of 1985 (16 U.S.C. 3838h et seq.) before 

8 October 1, 2013, or any payments required to be 

9 made in connection with the contract. 

10 (2) FUNDING.—The Secretary may use funds 

11 made available to carry out the agricultural con12 servation easement program under subtitle H of title 

13 XII of the Food Security Act of 1985, as added by 

14 section 2301 of this Act, to continue to carry out 

15 contracts referred to in paragraph (1) using the pro16 visions of law and regulation applicable to such con17 tracts as they existed on September 30, 2013. 

18 (d) EFFECTIVE DATE.—The amendments made by 

19 this section shall take effect on October 1, 2013. 

20 SEC. 2705. GRASSLAND RESERVE PROGRAM. 

21 (a) REPEAL.—Subchapter D of chapter 2 of subtitle 

22 D of title XII of the Food Security Act of 1985 (16 U.S.C. 

23 3838n et seq.) is repealed. 

24 (b) TRANSITIONAL PROVISIONS.— 


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1 (1) EFFECT ON EXISTING CONTRACTS.—The 

2 amendment made by this section shall not affect the 

3 validity or terms of any contract entered into by the 

4 Secretary of Agriculture under subchapter D of 

5 chapter 2 of subtitle D of title XII of the Food Se6 curity Act of 1985 (16 U.S.C. 3838n et seq.) before 

7 October 1, 2013, or any payments required to be 

8 made in connection with the contract. 

9 (2) FUNDING.—The Secretary may use funds 

10 made available to carry out the agricultural con11 servation easement program under subtitle H of title 

12 XII of the Food Security Act of 1985, as added by 

13 section 2301 of this Act, to continue to carry out 

14 contracts referred to in paragraph (1) using the pro15 visions of law and regulation applicable to such con16 tracts as they existed on September 30, 2013. 

17 (c) EFFECTIVE DATE.—The amendment made by 

18 this section shall take effect on October 1, 2013. 

19 SEC. 2706. AGRICULTURAL WATER ENHANCEMENT PRO20 GRAM. 

21 (a) REPEAL.—Section 1240I of the Food Security 

22 Act of 1985 (16 U.S.C. 3839aa–9) is repealed. 

23 (b) TRANSITIONAL PROVISIONS.— 

24 (1) EFFECT ON EXISTING CONTRACTS.—The 

25 amendment made by this section shall not affect the 


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1 validity or terms of any contract entered into by the 

2 Secretary of Agriculture under section 1240I of the 

3 Food Security Act of 1985 (16 U.S.C. 3839aa–9) 

4 before October 1, 2013, or any payments required to 

5 be made in connection with the contract. 

6 (2) FUNDING.—The Secretary may use funds 

7 made available to carry out the regional conservation 

8 partnership program under subtitle I of title XII of 

9 the Food Security Act of 1985, as added by section 

10 2401 of this Act, to continue to carry out contracts 

11 referred to in paragraph (1) using the provisions of 

12 law and regulation applicable to such contracts as 

13 they existed on September 30, 2013. 

14 (c) EFFECTIVE DATE.—The amendment made by 

15 this section shall take effect on October 1, 2013. 

16 SEC. 2707. WILDLIFE HABITAT INCENTIVE PROGRAM. 

17 (a) REPEAL.—Section 1240N of the Food Security 

18 Act of 1985 (16 U.S.C. 3839bb–1) is repealed. 

19 (b) TRANSITIONAL PROVISIONS.— 

20 (1) EFFECT ON EXISTING CONTRACTS.—The 

21 amendment made by this section shall not affect the 

22 validity or terms of any contract entered into by the 

23 Secretary of Agriculture under section 1240N of the 

24 Food Security Act of 1985 (16 U.S.C. 3839bb–1) 


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1 before October 1, 2013, or any payments required to 

2 be made in connection with the contract. 

3 (2) FUNDING.—The Secretary may use funds 

4 made available to carry out the environmental qual5 ity incentives program under chapter 4 of subtitle D 

6 of title XII of the Food Security Act of 1985 (16 

7 U.S.C. 3839aa et seq.) to continue to carry out con8 tracts referred to in paragraph (1) using the provi9 sions of law and regulation applicable to such con10 tracts as they existed on September 30, 2013. 

11 (c) EFFECTIVE DATE.—The amendment made by 

12 this section shall take effect on October 1, 2013. 

13 SEC. 2708. GREAT LAKES BASIN PROGRAM. 

14 (a) REPEAL.—Section 1240P of the Food Security 

15 Act of 1985 (16 U.S.C. 3839bb–3) is repealed. 

16 (b) EFFECTIVE DATE.—The amendment made by 

17 this section shall take effect on October 1, 2013. 

18 SEC. 2709. CHESAPEAKE BAY WATERSHED PROGRAM. 

19 (a) REPEAL.—Section 1240Q of the Food Security 

20 Act of 1985 (16 U.S.C. 3839bb–4) is repealed. 

21 (b) TRANSITIONAL PROVISIONS.— 

22 (1) EFFECT ON EXISTING CONTRACTS.—The 

23 amendment made by this section shall not affect the 

24 validity or terms of any contract entered into by the 

25 Secretary of Agriculture under section 1240Q of the 


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1 Food Security Act of 1985 (16 U.S.C. 3839bb–4) 

2 before October 1, 2013, or any payments required to 

3 be made in connection with the contract. 

4 (2) FUNDING.—The Secretary may use funds 

5 made available to carry out the regional conservation 

6 partnership program under subtitle I of title XII of 

7 the Food Security Act of 1985, as added by section 

8 2401 of this Act, to continue to carry out contracts 

9 referred to in paragraph (1) using the provisions of 

10 law and regulation applicable to such contracts as 

11 they existed on September 30, 2013. 

12 (c) EFFECTIVE DATE.—The amendment made by 

13 this section shall take effect on October 1, 2013. 

14 SEC. 2710. COOPERATIVE CONSERVATION PARTNERSHIP 

15 INITIATIVE. 

16 (a) REPEAL.—Section 1243 of the Food Security Act 

17 of 1985 (16 U.S.C. 3843) is repealed. 

18 (b) TRANSITIONAL PROVISIONS.— 

19 (1) EFFECT ON EXISTING CONTRACTS.—The 

20 amendment made by this section shall not affect the 

21 validity or terms of any contract entered into by the 

22 Secretary of Agriculture under section 1243 of the 

23 Food Security Act of 1985 (16 U.S.C. 3843) before 

24 October 1, 2013, or any payments required to be 

25 made in connection with the contract. 


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1 (2) FUNDING.—The Secretary may use funds 

2 made available to carry out the regional conservation 

3 partnership program under subtitle I of title XII of 

4 the Food Security Act of 1985, as added by section 

5 2401 of this Act, to continue to carry out contracts 

6 referred to in paragraph (1) using the provisions of 

7 law and regulation applicable to such contracts as 

8 they existed on September 30, 2013. 

9 (c) EFFECTIVE DATE.—The amendment made by 

10 this section shall take effect on October 1, 2013. 

11 SEC. 2711. ENVIRONMENTAL EASEMENT PROGRAM. 

12 Chapter 3 of subtitle D of title XII of the Food Secu13 rity Act of 1985 (16 U.S.C. 3839 et seq.) is repealed. 

14 SEC. 2712. TECHNICAL AMENDMENTS. 

15 (a) DEFINITIONS.—Section 1201(a) of the Food Se16 curity Act of 1985 (16 U.S.C. 3801(a)) is amended in the 

17 matter preceding paragraph (1) by striking ‘‘E’’ and in18 serting ‘‘I’’. 

19 (b) PROGRAM INELIGIBILITY.—Section 1211(a) of 

20 the Food Security Act of 1985 (16 U.S.C. 3811(a)) is 

21 amended by striking ‘‘predominate’’ each place it appears 

22 and inserting ‘‘predominant’’. 

23 (c) SPECIALTY CROP PRODUCERS.—Section 1242(i) 

24 of the Food Security Act of 1985 (16 U.S.C. 3842(i)) is 


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1 amended in the header by striking ‘‘SPECIALITY’’ and in2 serting ‘‘SPECIALTY’’. 

3 TITLE III—TRADE 

4 Subtitle A—Food for Peace Act 

5 SEC. 3001. GENERAL AUTHORITY. 

6 Section 201 of the Food for Peace Act (7 U.S.C. 

7 1721) is amended— 

8 (1) in the matter preceding paragraph (1), by 

9 inserting ‘‘(to be implemented by the Adminis10 trator)’’ after ‘‘under this title’’; and 

11 (2) by striking paragraph (7) and the second 

12 sentence and inserting the following new paragraph: 

13 ‘‘(7) build resilience to mitigate and prevent 

14 food crises and reduce the future need for emer15 gency aid.’’. 

16 SEC. 3002. SUPPORT FOR ORGANIZATIONS THROUGH 

17 WHICH ASSISTANCE IS PROVIDED. 

18 Section 202(e)(1) of the Food for Peace Act (7 

19 U.S.C. 1722(e)(1)) is amended by striking ‘‘13 percent’’ 

20 and inserting ‘‘11 percent’’. 

21 SEC. 3003. FOOD AID QUALITY. 

22 Section 202(h) of the Food for Peace Act (7 U.S.C. 

23 1722(h)) is amended— 

24 (1) in paragraph (1)— 


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1 (A) in the matter preceding subparagraph 

2 (A)— 

3 (i) by striking ‘‘The Administrator 

4 shall use funds made available for fiscal 

5 year 2009’’ and inserting ‘‘In consultation 

6 with the Secretary, the Administrator shall 

7 use funds made available for fiscal year 

8 2013’’; and 

9 (ii) by inserting ‘‘to establish a mech10 anism’’ after ‘‘this title’’; 

11 (B) by striking ‘‘and’’ at the end of sub12 paragraph (B); and 

13 (C) by striking subparagraph (C) and in14 serting the following new subparagraphs: 

15 ‘‘(C) to evaluate, as necessary, the use of 

16 current and new agricultural commodities and 

17 products thereof in different program settings 

18 and for particular recipient groups, including 

19 the testing of prototypes; 

20 ‘‘(D) to establish and implement appro21 priate protocols for quality assurance of food 

22 products procured by the Secretary for food aid 

23 programs; and 

24 ‘‘(E) to periodically update program guide25 lines on the recommended use of agricultural 


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1 commodities and food products in food aid pro2 grams to reflect findings from the implementa3 tion of this subsection and other relevant infor4 mation.’’; 

5 (2) in paragraph (2), by striking ‘‘The Adminis6 trator’’ and inserting ‘‘In consultation with the Sec7 retary, the Administrator’’; and 

8 (3) in paragraph (3), by striking ‘‘section 

9 207(f)’’ and all that follows through the period at 

10 the end and inserting the following: ‘‘section 

11 207(f)— 

12 ‘‘(A) for fiscal years 2009 through 2013, 

13 not more than $4,500,000 may be used to carry 

14 out this subsection; and 

15 ‘‘(B) for fiscal years 2014 through 2018, 

16 not more than $1,000,000 may be used to carry 

17 out this subsection.’’. 

18 SEC. 3004. MINIMUM LEVELS OF ASSISTANCE. 

19 Section 204(a) of the Food for Peace Act (7 U.S.C. 

20 1724(a)) is amended— 

21 (1) in paragraph (1), by striking ‘‘2012’’ and 

22 inserting ‘‘2018’’; and 

23 (2) in paragraph (2), by striking ‘‘2012’’ and 

24 inserting ‘‘2018’’. 


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1 SEC. 3005. FOOD AID CONSULTATIVE GROUP. 

2 (a) MEMBERSHIP.—Section 205(b) of the Food for 

3 Peace Act (7 U.S.C. 1725(b)) is amended— 

4 (1) by striking ‘‘and’’ at the end of paragraph 

5 (6); 

6 (2) by redesignating paragraph (7) as para7 graph (8); and 

8 (3) by inserting after paragraph (6) the fol9 lowing new paragraph: 

10 ‘‘(7) representatives from the United States ag11 ricultural processing sector involved in providing ag12 ricultural commodities for programs under this Act; 

13 and’’. 

14 (b) CONSULTATION.—Section 205(d) of the Food for 

15 Peace Act (7 U.S.C. 1725(d)) is amended— 

16 (1) by striking the first sentence and inserting 

17 the following: 

18 ‘‘(1) CONSULTATION IN ADVANCE OF ISSUANCE

19 OF IMPLEMENTATION REGULATIONS, HANDBOOKS, 

20 AND GUIDELINES.—Not later than 45 days before a 

21 proposed regulation, handbook, or guideline imple22 menting this title, or a proposed significant revision 

23 to a regulation, handbook, or guideline implementing 

24 this title, becomes final, the Administrator shall pro25 vide the proposal to the Group for review and com26 ment.’’; and 


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1 (2) by adding at the end the following new 

2 paragraph: 

3 ‘‘(2) CONSULTATION REGARDING FOOD AID

4 QUALITY EFFORTS.—The Administrator shall seek 

5 input from and consult with the Group on the imple6 mentation of section 202(h).’’. 

7 (c) REAUTHORIZATION.—Section 205(f) of the Food 

8 for Peace Act (7 U.S.C. 1725(f)) is amended by striking 

9 ‘‘2012’’ and inserting ‘‘2018’’. 

10 SEC. 3006. OVERSIGHT, MONITORING, AND EVALUATION. 

11 (a) REGULATIONS AND GUIDANCE.—Section 207(c) 

12 of the Food for Peace Act (7 U.S.C. 1726a(c)) is amend13 ed— 

14 (1) in the subsection heading, by inserting 

15 ‘‘AND GUIDANCE’’ after ‘‘REGULATIONS’’; 

16 (2) in paragraph (1), by adding at the end the 

17 following new sentence: ‘‘Not later than 270 days 

18 after the date of the enactment of the Federal Agri19 culture Reform and Risk Management Act of 2013, 

20 the Administrator shall issue all regulations and re21 visions to agency guidance necessary to implement 

22 the amendments made to this title by such Act.’’; 

23 and 

24 (3) in paragraph (2), by inserting ‘‘and guid25 ance’’ after ‘‘develop regulations’’. 


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1 (b) FUNDING.—Section 207(f) of the Food for Peace 

2 Act (7 U.S.C. 1726a(f)) is amended— 

3 (1) in paragraph (2)— 

4 (A) by inserting ‘‘and’’ at the end of sub5 paragraph (D); 

6 (B) by striking ‘‘; and’’ at the end of sub7 paragraph (E) and inserting the period; and 

8 (C) by striking subparagraph (F); 

9 (2) by striking paragraphs (3) and (4); and 

10 (3) by redesignating paragraphs (5) and (6) as 

11 paragraphs (3) and (4), respectively; and 

12 (4) in paragraph (4) (as so redesignated)— 

13 (A) in subparagraph (A), by striking 

14 ‘‘2012’’ and all that follows through the period 

15 at the end and inserting ‘‘2013, and up to 

16 $10,000,000 of such funds for each of fiscal 

17 years 2014 through 2018.’’; and 

18 (B) in subparagraph (B)(i), by striking 

19 ‘‘2012’’ and inserting ‘‘2018’’. 

20 (c) IMPLEMENTATION REPORTS.—Not later than 270 

21 days after the date of the enactment of this Act, the Ad22 ministrator of the Agency for International Development 

23 shall submit to the Committee on Agriculture, Nutrition, 

24 and Forestry of the Senate and the Committees on AgriVerDate Mar 15 2010 21:18 Jul 16, 2013 Jkt 029200 PO 00000 Frm 00283 Fmt 6652 Sfmt 6201 E:\BILLS\H2642.PCS H2642

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1 culture and Foreign Affairs of the House of Representa2 tives a report describing— 

3 (1) the implementation of section 207(c) of the 

4 Food for Peace Act (7 U.S.C. 1726a(c)); 

5 (2) the surveys, studies, monitoring, reporting, 

6 and audit requirements for programs conducted 

7 under title II of such Act (7 U.S.C. 1721 et seq.) 

8 by an eligible organization that is a nongovern9 mental organization (as such term is defined in sec10 tion 402 of such Act (7 U.S.C. 1732)); and 

11 (3) the surveys, studies, monitoring, reporting, 

12 and audit requirements for such programs by an eli13 gible organization that is an intergovernmental orga14 nization, such as the World Food Program or other 

15 multilateral organization. 

16 SEC. 3007. ASSISTANCE FOR STOCKPILING AND RAPID 

17 TRANSPORTATION, DELIVERY, AND DIS18 TRIBUTION OF SHELF-STABLE PRE19 PACKAGED FOODS. 

20 Section 208(f) of the Food for Peace Act (7 U.S.C. 

21 1726b(f)) is amended by striking ‘‘2012’’ and inserting 

22 ‘‘2018’’. 

23 SEC. 3008. GENERAL PROVISIONS. 

24 (a) IMPACT ON LOCAL FARMERS AND ECONOMY.— 

25 Section 403(b) of the Food for Peace Act (7 U.S.C. 


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1 1733(b)) is amended by adding at the end the following 

2 new sentence: ‘‘The Secretary or the Administrator, as ap3 propriate, shall seek information, as part of the regular 

4 proposal and submission process, from implementing 

5 agencies on the potential benefits to the local economy of 

6 sales of agricultural commodities within the recipient 

7 country.’’. 

8 (b) PREVENTION OF PRICE DISRUPTIONS.—Section 

9 403(e) of the Food for Peace Act (7 U.S.C. 1733(e)) is 

10 amended— 

11 (1) in paragraph (2), by striking ‘‘reasonable 

12 market price’’ and inserting ‘‘fair market value’’; 

13 and 

14 (2) by adding at the end the following new 

15 paragraph: 

16 ‘‘(3) COORDINATION ON ASSESSMENTS.—The 

17 Secretary and the Administrator shall coordinate in 

18 assessments to carry out paragraph (1) and in the 

19 development of approaches to be used by imple20 menting agencies for determining the fair market 

21 value described in paragraph (2).’’. 

22 (c) REPORT ON USE OF FUNDS.—Section 403 of the 

23 Food for Peace Act (7 U.S.C. 1733) is amended by adding 

24 at the end the following new subsection: 


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1 ‘‘(m) REPORT ON USE OF FUNDS.—Not later than 

2 180 days after the date of the enactment of the Federal 

3 Agriculture Reform and Risk Management Act of 2013, 

4 and annually thereafter, the Administrator shall submit 

5 to Congress a report— 

6 ‘‘(1) specifying the amount of funds (including 

7 funds for administrative costs, indirect cost recovery, 

8 and internal transportation, storage and handling, 

9 and associated distribution costs) provided to each 

10 eligible organization that received assistance under 

11 this Act in the previous fiscal year; and 

12 ‘‘(2) describing how those funds were used by 

13 the eligible organization.’’. 

14 SEC. 3009. PREPOSITIONING OF AGRICULTURAL COMMOD15 ITIES. 

16 Section 407(c)(4) of the Food for Peace Act (7 

17 U.S.C. 1736a(c)(4)) is amended— 

18 (1) in subparagraph (A)— 

19 (A) by striking ‘‘2012’’ and inserting 

20 ‘‘2018’’; and 

21 (B) by striking ‘‘for each such fiscal year 

22 not more than $10,000,000 of such funds’’ and 

23 inserting ‘‘for each of fiscal years 2001 through 

24 2013 not more than $10,000,000 of such funds 


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1 and for each of fiscal years 2014 through 2018 

2 not more than $15,000,000 of such funds’’; and 

3 (2) by striking subparagraph (B) and inserting 

4 the following new subparagraph: 

5 ‘‘(B) ADDITIONAL PREPOSITIONING

6 SITES.—The Administrator may establish addi7 tional sites for prepositioning in foreign coun8 tries or change the location of current sites for 

9 prepositioning in foreign countries after con10 ducting, and based on the results of, assess11 ments of need, the availability of appropriate 

12 technology for long-term storage, feasibility, 

13 and cost.’’. 

14 SEC. 3010. ANNUAL REPORT REGARDING FOOD AID PRO15 GRAMS AND ACTIVITIES. 

16 Section 407(f)(1) of the Food for Peace Act (7 

17 U.S.C. 1736a(f)(1)) is amended— 

18 (1) in the paragraph heading, by striking ‘‘AG19 RICULTURAL TRADE’’ and inserting ‘‘FOOD AID’’; 

20 (2) in subparagraph (B)(ii), by inserting before 

21 the semicolon at the end the following: ‘‘and the 

22 total number of beneficiaries of the project and the 

23 activities carried out through such project’’; and 

24 (3) in subparagraph (B)(iii)— 


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1 (A) in the matter preceding subclause (I), 

2 by inserting ‘‘, and the total number of bene3 ficiaries in,’’ after ‘‘commodities made available 

4 to’’; 

5 (B) by striking ‘‘and’’ at the end of sub6 clause (I); 

7 (C) by inserting ‘‘and’’ at the end of sub8 clause (II); and 

9 (D) by inserting after subclause (II) the 

10 following new subclause: 

11 ‘‘(III) the McGovern-Dole Inter12 national Food for Education and 

13 Child Nutrition Program established 

14 by section 3107 of the Farm Security 

15 and Rural Investment Act of 2002 (7 

16 U.S.C. 1736o–1);’’. 

17 SEC. 3011. DEADLINE FOR AGREEMENTS TO FINANCE 

18 SALES OR TO PROVIDE OTHER ASSISTANCE. 

19 Section 408 of the Food for Peace Act (7 U.S.C. 

20 1736b) is amended by striking ‘‘2012’’ and inserting 

21 ‘‘2018’’. 

22 SEC. 3012. AUTHORIZATION OF APPROPRIATIONS. 

23 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 

24 412(a)(1) of the Food for Peace Act (7 U.S.C. 

25 1736f(a)(1)) is amended by striking ‘‘for fiscal year 2008 


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1 and each fiscal year thereafter, $2,500,000,000’’ and in2 serting ‘‘$2,500,000,000 for each of fiscal years 2008 

3 through 2013 and $2,000,000,000 for each of fiscal years 

4 2014 through 2018’’. 

5 (b) MINIMUM LEVEL OF NONEMERGENCY FOOD AS6 SISTANCE.—Paragraph (1) of section 412(e) of the Food 

7 for Peace Act (7 U.S.C. 1736f(e)) is amended to read as 

8 follows: 

9 ‘‘(1) FUNDS AND COMMODITIES.—For each of 

10 fiscal years 2014 through 2018, of the amounts 

11 made available to carry out emergency and non12 emergency food assistance programs under title II, 

13 not less than $400,000,000 shall be expended for 

14 nonemergency food assistance programs under such 

15 title.’’. 

16 SEC. 3013. MICRONUTRIENT FORTIFICATION PROGRAMS. 

17 (a) ELIMINATION OF OBSOLETE REFERENCE TO

18 STUDY.—Section 415(a)(2)(B) of the Food for Peace Act 

19 (7 U.S.C. 1736g–2(a)(2)(B)) is amended by striking ‘‘, 

20 using recommendations’’ and all that follows through 

21 ‘‘quality enhancements’’. 

22 (b) EXTENSION.—Section 415(c) of the Food for 

23 Peace Act (7 U.S.C. 1736g–2(c)) is amended by striking 

24 ‘‘2012’’ and inserting ‘‘2018’’. 


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1 SEC. 3014. JOHN OGONOWSKI AND DOUG BEREUTER FARM2 ER-TO-FARMER PROGRAM. 

3 Section 501 of the Food for Peace Act (7 U.S.C. 

4 1737) is amended— 

5 (1) in subsection (d), in the matter preceding 

6 paragraph (1), by striking ‘‘2012’’ and inserting 

7 ‘‘2013, and not less than the greater of $15,000,000 

8 or 0.5 percent of the amounts made available for 

9 each of fiscal years 2014 through 2018,’’; and 

10 (2) in subsection (e)(1), by striking ‘‘2012’’ and 

11 inserting ‘‘2018’’. 

12 Subtitle B—Agricultural Trade Act 

13 of 1978 

14 SEC. 3101. FUNDING FOR EXPORT CREDIT GUARANTEE 

15 PROGRAM. 

16 Section 211(b) of the Agricultural Trade Act of 1978 

17 (7 U.S.C. 5641(b)) is amended by striking ‘‘2012’’ and 

18 inserting ‘‘2018’’. 

19 SEC. 3102. FUNDING FOR MARKET ACCESS PROGRAM. 

20 Section 211(c)(1)(A) of the Agricultural Trade Act 

21 of 1978 (7 U.S.C. 5641(c)(1)(A)) is amended by striking 

22 ‘‘2012’’ and inserting ‘‘2018’’. 


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1 SEC. 3103. FOREIGN MARKET DEVELOPMENT COOPERATOR 

2 PROGRAM. 

3 Section 703(a) of the Agricultural Trade Act of 1978 

4 (7 U.S.C. 5723(a)) is amended by striking ‘‘2012’’ and 

5 inserting ‘‘2018’’. 

6 Subtitle C—Other Agricultural 

7 Trade Laws 

8 SEC. 3201. FOOD FOR PROGRESS ACT OF 1985. 

9 (a) EXTENSION.—The Food for Progress Act of 1985 

10 (7 U.S.C. 1736o) is amended— 

11 (1) in subsection (f)(3), by striking ‘‘2012’’ and 

12 inserting ‘‘2018’’; 

13 (2) in subsection (g), by striking ‘‘2012’’ and 

14 inserting ‘‘2018’’; 

15 (3) in subsection (k), by striking ‘‘2012’’ and 

16 inserting ‘‘2018’’; and 

17 (4) in subsection (l)(1), by striking ‘‘2012’’ and 

18 inserting ‘‘2018’’. 

19 (b) REPEAL OF COMPLETED PROJECT.—Subsection 

20 (f) of the Food for Progress Act of 1985 (7 U.S.C. 1736o) 

21 is amended by striking paragraph (6). 

22 SEC. 3202. BILL EMERSON HUMANITARIAN TRUST ACT. 

23 Section 302 of the Bill Emerson Humanitarian Trust 

24 Act (7 U.S.C. 1736f–1) is amended— 


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1 (1) in subsection (b)(2)(B)(i), by striking 

2 ‘‘2012’’ both places it appears and inserting ‘‘2018’’; 

3 and 

4 (2) in subsection (h), by striking ‘‘2012’’ both 

5 places it appears and inserting ‘‘2018’’. 

6 SEC. 3203. PROMOTION OF AGRICULTURAL EXPORTS TO 

7 EMERGING MARKETS. 

8 (a) DIRECT CREDITS OR EXPORT CREDIT GUARAN9 TEES.—Section 1542(a) of the Food, Agriculture, Con10 servation, and Trade Act of 1990 (Public Law 101–624; 

11 7 U.S.C. 5622 note) is amended by striking ‘‘2012’’ and 

12 inserting ‘‘2018’’. 

13 (b) DEVELOPMENT OF AGRICULTURAL SYSTEMS.— 

14 Section 1542(d)(1)(A)(i) of the Food, Agriculture, Con15 servation, and Trade Act of 1990 (Public Law 101–624; 

16 7 U.S.C. 5622 note) is amended by striking ‘‘2012’’ and 

17 inserting ‘‘2018’’. 

18 SEC. 3204. MCGOVERN-DOLE INTERNATIONAL FOOD FOR 

19 EDUCATION AND CHILD NUTRITION PRO20 GRAM. 

21 (a) REAUTHORIZATION.—Section 3107(l)(2) of the 

22 Farm Security and Rural Investment Act of 2002 (7 

23 U.S.C. 1736o–1(l)(2)) is amended by striking ‘‘2012’’ and 

24 inserting ‘‘2018’’. 


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1 (b) TECHNICAL CORRECTION.—Section 3107(d) of 

2 the Farm Security and Rural Investment Act of 2002 (7 

3 U.S.C. 1736o–1(d)) is amended by striking ‘‘to’’ in the 

4 matter preceding paragraph (1). 

5 SEC. 3205. TECHNICAL ASSISTANCE FOR SPECIALTY CROPS. 

6 (a) PURPOSE.—Section 3205(b) of the Farm Secu7 rity and Rural Investment Act of 2002 (7 U.S.C. 5680(b)) 

8 is amended by striking ‘‘related barriers to trade’’ and in9 serting ‘‘technical barriers to trade’’. 

10 (b) FUNDING.—Section 3205(e)(2) of the Farm Se11 curity and Rural Investment Act of 2002 (7 U.S.C. 

12 5680(e)(2)) is amended— 

13 (1) by inserting ‘‘and’’ at the end of subpara14 graph (C); and 

15 (2) by striking subparagraphs (D) and (E) and 

16 inserting the following new subparagraph: 

17 ‘‘(D) $9,000,000 for each of fiscal years 

18 2011 through 2018.’’. 

19 (c) U.S. ATLANTIC SPINY DOGFISH STUDY.—Not 

20 later than 90 days after the date of the enactment of this 

21 Act, the Secretary shall conduct an economic study on the 

22 existing market in the United States for U.S. Atlantic 

23 Spiny Dogfish. 


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1 SEC. 3206. GLOBAL CROP DIVERSITY TRUST. 

2 Section 3202(c) of the Food, Conservation, and En3 ergy Act of 2008 (Public Law 110–246; 22 U.S.C. 2220a 

4 note) is amended by striking ‘‘section’’ and all that follows 

5 through the period and inserting the following: ‘‘section— 

6 ‘‘(1) $60,000,000 for the period of fiscal years 

7 2008 through 2013; and 

8 ‘‘(2) $50,000,000 for the period of fiscal years 

9 2014 through 2018.’’. 

10 SEC. 3207. UNDER SECRETARY OF AGRICULTURE FOR FOR11 EIGN AGRICULTURAL SERVICES. 

12 (a) IN GENERAL.—Subtitle B of the Department of 

13 Agriculture Reorganization Act of 1994 is amended by in14 serting after section 225 (7 U.S.C. 6931) the following 

15 new section: 

16 ‘‘SEC. 225A. UNDER SECRETARY OF AGRICULTURE FOR 

17 FOREIGN AGRICULTURAL SERVICES. 

18 ‘‘(a) AUTHORIZATION.—The Secretary is authorized 

19 to establish in the Department the position of Under Sec20 retary of Agriculture for Foreign Agricultural Services. 

21 ‘‘(b) CONFIRMATION REQUIRED.—If the Secretary 

22 establishes the position of Under Secretary of Agriculture 

23 for Foreign Agricultural Services under subsection (a), the 

24 Under Secretary shall be appointed by the President, by 

25 and with the advice and consent of the Senate. 

26 ‘‘(c) FUNCTIONS OF UNDER SECRETARY.— 


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1 ‘‘(1) PRINCIPAL FUNCTIONS.—Upon establish2 ment, the Secretary shall delegate to the Under Sec3 retary of Agriculture for Foreign Agricultural Serv4 ices those functions under the jurisdiction of the De5 partment that are related to foreign agricultural 

6 services. 

7 ‘‘(2) ADDITIONAL FUNCTIONS.—The Under 

8 Secretary of Agriculture for Foreign Agricultural 

9 Services shall perform such other functions as may 

10 be required by law or prescribed by the Secretary. 

11 ‘‘(d) SUCCESSION.—Any official who is serving as 

12 Under Secretary of Agriculture for Farm and Foreign Ag13 ricultural Services on the date of the enactment of this 

14 section and who was appointed by the President, by and 

15 with the advice and consent of the Senate, shall not be 

16 required to be reappointed under subsection (b) or section 

17 225(b) to the successor position authorized under sub18 section (a) or section 225(a) if the Secretary establishes 

19 the position, and the official occupies the new position, 

20 with 180 days after the date of the enactment of this sec21 tion (or such later date set by the Secretary if litigation 

22 delays rapid succession).’’. 

23 (b) CONFORMING AMENDMENTS.—Section 225 of the 

24 Department of Agriculture Reorganization Act of 1994 (7 

25 U.S.C. 6931) is amended— 


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1 (1) by striking ‘‘Under Secretary of Agriculture 

2 for Farm and Foreign Agricultural Services’’ each 

3 place it appears and inserting ‘‘Under Secretary of 

4 Agriculture for Farm Services’’; and 

5 (2) in subsection (c)(1), by striking ‘‘and for6 eign agricultural’’. 

7 (c) PERMANENT AUTHORITY.—Section 296(b) of the 

8 Department of Agriculture Reorganization Act of 1994 (7 

9 U.S.C. 7014(b)) is amended— 

10 (1) in paragraph (6)(C), by striking ‘‘or’’ at the 

11 end; 

12 (2) in paragraph (7), by striking the period at 

13 the end and inserting a semicolon; and 

14 (3) by adding at the end the following new 

15 paragraph: 

16 ‘‘(8) the authority of the Secretary to establish 

17 in the Department the position of Under Secretary 

18 of Agriculture for Foreign Agricultural Services in 

19 accordance with section 225A;’’. 

20 SEC. 3208. DEPARTMENT OF AGRICULTURE CERTIFICATES 

21 OF ORIGIN. 

22 The Secretary of Agriculture shall seek to ensure that 

23 Department of Agriculture certificates of origin are ac24 cepted by any country with respect to which the United 


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1 States has entered into a free trade agreement providing 

2 for preferential duty treatment. 

3 TITLE IV—CREDIT 

4 Subtitle A—Farm Ownership Loans 

5 SEC. 4001. ELIGIBILITY FOR FARM OWNERSHIP LOANS. 

6 (a) IN GENERAL.—Section 302(a) of the Consoli7 dated Farm and Rural Development Act (7 U.S.C. 

8 1922(a)) is amended— 

9 (1) by striking ‘‘(a) IN GENERAL.—The’’ and 

10 inserting the following: 

11 ‘‘(a) IN GENERAL.— 

12 ‘‘(1) ELIGIBILITY REQUIREMENTS.—The’’; 

13 (2) in the 1st sentence, by inserting after ‘‘lim14 ited liability companies’’ the following: ‘‘, and such 

15 other legal entities as the Secretary deems appro16 priate,’’; 

17 (3) in the 2nd sentence, by redesignating 

18 clauses (1) through (4) as clauses (A) through (D), 

19 respectively; 

20 (4) in each of the 2nd and 3rd sentences, by 

21 striking ‘‘and limited liability companies’’ each place 

22 it appears and inserting ‘‘limited liability companies, 

23 and such other legal entities’’; 


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1 (5) in the 3rd sentence, by striking ‘‘(3)’’ and 

2 ‘‘(4)’’ and inserting ‘‘(C)’’ and ‘‘(D)’’, respectively; 

3 and 

4 (6) by adding at the end the following: 

5 ‘‘(2) SPECIAL DEEMING RULES.— 

6 ‘‘(A) ELIGIBILITY OF CERTAIN OPER7 ATING-ONLY ENTITIES.—An entity that is or 

8 will become only the operator of a family farm 

9 is deemed to meet the owner-operator require10 ments of paragraph (1) if the individuals that 

11 are the owners of the family farm own more 

12 than 50 percent (or such other percentage as 

13 the Secretary determines is appropriate) of the 

14 entity. 

15 ‘‘(B) ELIGIBILITY OF CERTAIN EMBEDDED

16 ENTITIES.—An entity that is an owner-operator 

17 described in paragraph (1), or an operator de18 scribed in subparagraph (A) of this paragraph 

19 that is owned, in whole or in part, by other en20 tities, is deemed to meet the direct ownership 

21 requirement imposed under paragraph (1) if at 

22 least 75 percent of the ownership interests of 

23 each embedded entity of such entity is owned 

24 directly or indirectly by the individuals that own 

25 the family farm.’’. 


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1 (b) DIRECT FARM OWNERSHIP EXPERIENCE RE2 QUIREMENT.—Section 302(b)(1) of such Act (7 U.S.C. 

3 1922(b)(1)) is amended by inserting ‘‘or has other accept4 able experience for a period of time, as determined by the 

5 Secretary,’’ after ‘‘3 years’’. 

6 (c) CONFORMING AMENDMENTS.— 

7 (1) Section 304(c)(2) of such Act (7 U.S.C. 

8 1924(c)(2)) by striking ‘‘paragraphs (1) and (2) of 

9 section 302(a)’’ and inserting ‘‘clauses (A) and (B) 

10 of section 302(a)(1)’’. 

11 (2) Section 310D of such Act (7 U.S.C. 1934) 

12 is amended— 

13 (A) by inserting after ‘‘partnership’’ the 

14 following: ‘‘, or such other legal entities as the 

15 Secretary deems appropriate,’’; and 

16 (B) by striking ‘‘or partners’’ each place it 

17 appears and inserting ‘‘partners, or owners’’. 

18 SEC. 4002. CONSERVATION LOAN AND LOAN GUARANTEE 

19 PROGRAM. 

20 (a) ELIGIBILITY.—Section 304(c) of the Consolidated 

21 Farm and Rural Development Act (7 U.S.C. 1924(c)) is 

22 amended by inserting after ‘‘limited liability companies’’ 

23 the following: ‘‘, or such other legal entities as the Sec24 retary deems appropriate,’’. 


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1 (b) LIMITATION ON LOAN GUARANTEE AMOUNT.— 

2 Section 304(e) of such Act (7 U.S.C. 1924(e)) is amended 

3 by striking ‘‘75 percent’’ and inserting ‘‘90 percent’’. 

4 (c) EXTENSION OF PROGRAM.—Section 304(h) of 

5 such Act (7 U.S.C. 1924(h)) is amended by striking 

6 ‘‘2012’’ and inserting ‘‘2018’’. 

7 SEC. 4003. DOWN PAYMENT LOAN PROGRAM. 

8 (a) IN GENERAL.—Section 310E(b)(1)(C) of the 

9 Consolidated Farm and Rural Development Act (7 U.S.C. 

10 1935(b)(1)(C)) is amended by striking ‘‘$500,000’’ and 

11 inserting ‘‘$667,000’’. 

12 (b) TECHNICAL CORRECTION.—Section 310E(b) of 

13 such Act (7 U.S.C. 1935(b)) is amended by striking the 

14 2nd paragraph (2). 

15 SEC. 4004. ELIMINATION OF MINERAL RIGHTS APPRAISAL 

16 REQUIREMENT. 

17 Section 307 of the Consolidated Farm and Rural De18 velopment Act (7 U.S.C. 1927) is amended by striking 

19 subsection (d) and redesignating subsection (e) as sub20 section (d). 

21 Subtitle B—Operating Loans 

22 SEC. 4101. ELIGIBILITY FOR FARM OPERATING LOANS. 

23 Section 311(a) of the Consolidated Farm and Rural 

24 Development Act (7 U.S.C. 1941(a)) is amended— 


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1 (1) by striking ‘‘(a) IN GENERAL.—The’’ and 

2 inserting the following: 

3 ‘‘(a) IN GENERAL.— 

4 ‘‘(1) ELIGIBILITY REQUIREMENTS.—The’’; 

5 (2) in the 1st sentence, by inserting after ‘‘lim6 ited liability companies’’ the following: ‘‘, and such 

7 other legal entities as the Secretary deems appro8 priate,’’; 

9 (3) in the 2nd sentence, by redesignating 

10 clauses (1) through (4) as clauses (A) through (D), 

11 respectively; 

12 (4) in each of the 2nd and 3rd sentences, by 

13 striking ‘‘and limited liability companies’’ each place 

14 it appears and inserting ‘‘limited liability companies, 

15 and such other legal entities’’; 

16 (5) in the 3rd sentence, by striking ‘‘(3)’’ and 

17 ‘‘(4)’’ and inserting ‘‘(C)’’ and ‘‘(D)’’, respectively; 

18 and 

19 (6) by adding at the end the following: 

20 ‘‘(2) SPECIAL DEEMING RULE.—An entity that 

21 is an operator described in paragraph (1) that is 

22 owned, in whole or in part, by other entities, is 

23 deemed to meet the direct ownership requirement 

24 imposed under paragraph (1) if at least 75 percent 

25 of the ownership interests of each embedded entity 


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1 of such entity is owned directly or indirectly by the 

2 individuals that own the family farm.’’. 

3 SEC. 4102. ELIMINATION OF RURAL RESIDENCY REQUIRE4 MENT FOR OPERATING LOANS TO YOUTH. 

5 Section 311(b)(1) of the Consolidated Farm and 

6 Rural Development Act (7 U.S.C. 1941(b)(1)) is amended 

7 by striking ‘‘who are rural residents’’. 

8 SEC. 4103. AUTHORITY TO WAIVE PERSONAL LIABILITY 

9 FOR YOUTH LOANS DUE TO CIRCUMSTANCES 

10 BEYOND BORROWER CONTROL. 

11 Section 311(b) of the Consolidated Farm and Rural 

12 Development Act (7 U.S.C. 1941(b)) is amended by add13 ing at the end the following: 

14 ‘‘(5) The Secretary may, on a case-by-case basis, 

15 waive the personal liability of a borrower for a loan made 

16 under this subsection if any default on the loan was due 

17 to circumstances beyond the control of the borrower.’’. 

18 SEC. 4104. MICROLOANS. 

19 (a) IN GENERAL.—Section 313 of the Consolidated 

20 Farm and Rural Development Act (7 U.S.C. 1943) is 

21 amended by adding at the end the following: 

22 ‘‘(c) MICROLOANS.— 

23 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

24 the Secretary may establish a program to make or 

25 guarantee microloans. 


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1 ‘‘(2) LIMITATION.—The Secretary shall not 

2 make or guarantee a microloan under this sub3 section that exceeds $35,000 or that would cause the 

4 total principal indebtedness outstanding at any 1 

5 time for microloans made under this chapter to any 

6 1 borrower to exceed $70,000. 

7 ‘‘(3) APPLICATIONS.—To the maximum extent 

8 practicable, the Secretary shall limit the administra9 tive burdens and streamline the application and ap10 proval process for microloans under this subsection. 

11 ‘‘(4) COOPERATIVE LENDING PROJECTS.— 

12 ‘‘(A) IN GENERAL.—Subject to subpara13 graph (B), the Secretary may contract with 

14 community-based and nongovernmental organi15 zations, State entities, or other intermediaries, 

16 as the Secretary determines appropriate— 

17 ‘‘(i) to make or guarantee a microloan 

18 under this subsection; and 

19 ‘‘(ii) to provide business, financial, 

20 marketing, and credit management services 

21 to borrowers. 

22 ‘‘(B) REQUIREMENTS.—Before contracting 

23 with an entity described in subparagraph (A), 

24 the Secretary— 

25 ‘‘(i) shall review and approve— 


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1 ‘‘(I) the loan loss reserve fund 

2 for microloans established by the enti3 ty; and 

4 ‘‘(II) the underwriting standards 

5 for microloans of the entity; and 

6 ‘‘(ii) establish such other requirements 

7 for contracting with the entity as the Sec8 retary determines necessary.’’. 

9 (b) EXCEPTIONS FOR DIRECT LOANS.—Section 

10 311(c)(2) of such Act (7 U.S.C. 1941(c)(2)) is amended 

11 to read as follows: 

12 ‘‘(2) EXCEPTIONS.—In this subsection, the 

13 term ‘direct operating loan’ shall not include— 

14 ‘‘(A) a loan made to a youth under sub15 section (b); or 

16 ‘‘(B) a microloan made to a beginning 

17 farmer or rancher or a veteran farmer or ranch18 er (as defined in section 2501(e) of the Food, 

19 Agriculture, Conservation, and Trade Act of 

20 1990 (7 U.S.C. 2279(e)).’’. 

21 (c) Section 312(a) of such Act (7 U.S.C. 1942(a)) 

22 is amended by inserting ‘‘(including a microloan, as de23 fined by the Secretary)’’ after ‘‘A direct loan’’. 

24 (d) Section 316(a)(2) of such Act (7 U.S.C. 

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1 ginning farmer or rancher or veteran farmer or rancher 

2 (as defined in section 2501(e) of the Food, Agriculture, 

3 Conservation, and Trade Act of 1990 (7 U.S.C. 2279(e)), 

4 or’’ after ‘‘The interest rate on’’. 

5 Subtitle C—Emergency Loans 

6 SEC. 4201. ELIGIBILITY FOR EMERGENCY LOANS. 

7 Section 321(a) of the Consolidated Farm and Rural 

8 Development Act (7 U.S.C. 1961(a)) is amended— 

9 (1) by striking ‘‘owner-operators (in the case of 

10 loans for a purpose under subtitle A) or operators 

11 (in the case of loans for a purpose under subtitle 

12 B)’’ each place it appears and inserting ‘‘(in the 

13 case of farm ownership loans in accordance with 

14 subtitle A) owner-operators or operators, or (in the 

15 case of loans for a purpose under subtitle B) opera16 tors’’; 

17 (2) by inserting after ‘‘limited liability compa18 nies’’ the 1st place it appears the following: ‘‘, or 

19 such other legal entities as the Secretary deems ap20 propriate’’; 

21 (3) by inserting after ‘‘limited liability compa22 nies’’ the 2nd place it appears the following: ‘‘, or 

23 other legal entities’’; 


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1 (4) by striking ‘‘and limited liability compa2 nies,’’ and inserting ‘‘limited liability companies, and 

3 such other legal entities’’; 

4 (5) by striking ‘‘ownership and operator’’ and 

5 inserting ‘‘ownership or operator’’; and 

6 (6) by adding at the end the following: ‘‘An en7 tity that is an owner-operator or operator described 

8 in this subsection is deemed to meet the direct own9 ership requirement imposed under this subsection if 

10 at least 75 percent of the ownership interests of 

11 each embedded entity of such entity is owned di12 rectly or indirectly by the individuals that own the 

13 family farm.’’. 

14 Subtitle D—Administrative 

15 Provisions 

16 SEC. 4301. BEGINNING FARMER AND RANCHER INDIVIDUAL 

17 DEVELOPMENT ACCOUNTS PILOT PROGRAM. 

18 Section 333B(h) of the Consolidated Farm and Rural 

19 Development Act (7 U.S.C. 1983b(h)) is amended by 

20 striking ‘‘2012’’ and inserting ‘‘2018’’. 

21 SEC. 4302. ELIGIBLE BEGINNING FARMERS AND RANCH22 ERS. 

23 (a) CONFORMING AMENDMENTS RELATING TO

24 CHANGES IN ELIGIBILITY RULES.—Section 343(a)(11) of 

25 such Act (7 U.S.C. 1991(a)(11)) is amended— 


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1 (1) by inserting after ‘‘joint operation,’’ the 1st 

2 place it appears the following: ‘‘or such other legal 

3 entity as the Secretary deems appropriate,’’; 

4 (2) by striking ‘‘or joint operators’’ each place 

5 it appears and inserting ‘‘joint operators, or own6 ers’’; and 

7 (3) by inserting after ‘‘joint operation,’’ the 2nd 

8 and 3rd place it appears the following: ‘‘or such 

9 other legal entity,’’. 

10 (b) MODIFICATION OF ACREAGE OWNERSHIP LIMI11 TATION.—Section 343(a)(11)(F) of such Act (7 U.S.C. 

12 1991(a)(11)(F)) is amended by striking ‘‘median acreage’’ 

13 and inserting ‘‘average acreage’’. 

14 SEC. 4303. LOAN AUTHORIZATION LEVELS. 

15 Section 346(b)(1) of the Consolidated Farm and 

16 Rural Development Act (7 U.S.C. 1994(b)(1)) is amended 

17 in the matter preceding subparagraph (A) by striking 

18 ‘‘2012’’ and inserting ‘‘2018’’. 

19 SEC. 4304. PRIORITY FOR PARTICIPATION LOANS. 

20 Section 346(b)(2)(A)(i) of the Consolidated Farm 

21 and Rural Development Act (7 U.S.C. 1994(b)(2)(A)(i)) 

22 is amended by adding at the end the following: 

23 ‘‘(III) PRIORITY.—In order to 

24 maximize the number of borrowers 


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1 served under this clause, the Sec2 retary— 

3 ‘‘(aa) shall give priority to 

4 applicants who apply under the 

5 down payment loan program 

6 under section 310E or joint fi7 nancing arrangements under sec8 tion 307(a)(3)(D); and 

9 ‘‘(bb) may offer other fi10 nancing options under this sub11 title to applicants only if the Sec12 retary determines that down pay13 ment or other participation loan 

14 options are not a viable approach 

15 for the applicants.’’. 

16 SEC. 4305. LOAN FUND SET-ASIDES. 

17 Section 346(b)(2)(A)(ii)(III) of the Consolidated 

18 Farm and Rural Development Act (7 U.S.C. 

19 1994(b)(2)(A)(ii)(III)) is amended— 

20 (1) by striking ‘‘2012’’ and inserting ‘‘2018’’; 

21 and 

22 (2) by striking ‘‘of the total amount’’. 


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1 SEC. 4306. CONFORMING AMENDMENT TO BORROWER 

2 TRAINING PROVISION, RELATING TO ELIGI3 BILITY CHANGES. 

4 Section 359(c)(2) of the Consolidated Farm and 

5 Rural Development Act (7 U.S.C. 2006a(c)(2)) is amend6 ed by striking ‘‘section 302(a)(2) or 311(a)(2)’’ and in7 serting ‘‘section 302(a)(1)(B) or 311(a)(1)(B)’’. 

8 Subtitle E—State Agricultural 

9 Mediation Programs 

10 SEC. 4401. STATE AGRICULTURAL MEDIATION PROGRAMS. 

11 Section 506 of the Agricultural Credit Act of 1987 

12 (7 U.S.C. 5106) is amended by striking ‘‘2015’’ and in13 serting ‘‘2018’’. 

14 Subtitle F—Loans to Purchasers of 

15 Highly Fractionated Land 

16 SEC. 4501. LOANS TO PURCHASERS OF HIGHLY 

17 FRACTIONATED LAND. 

18 The first section of Public Law 91–229 (25 U.S.C. 

19 488) is amended in subsection (b)(1) by striking ‘‘pursu20 ant to section 205(c) of the Indian Land Consolidation 

21 Act (25 U.S.C. 2204(c))’’ and inserting ‘‘or to inter22 mediaries in order to establish revolving loan funds for the 

23 purchase of highly fractionated land’’. 


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1 TITLE V—RURAL DEVELOPMENT 

2 Subtitle A—Consolidated Farm and 

3 Rural Development Act 

4 SEC. 5001. WATER, WASTE DISPOSAL, AND WASTEWATER 

5 FACILITY GRANTS. 

6 Section 306(a)(2)(B)(vii) of the Consolidated Farm 

7 and Rural Development Act (7 U.S.C. 1926(a)(2)(B)(vii)) 

8 is amended by striking ‘‘2008 through 2012’’ and insert9 ing ‘‘2014 through 2018’’. 

10 SEC. 5002. RURAL BUSINESS OPPORTUNITY GRANTS. 

11 Section 306(a)(11)(D) of the Consolidated Farm and 

12 Rural Development Act (7 U.S.C. 1926(a)(11)(D)) is 

13 amended by striking ‘‘$15,000,000 for each of fiscal years 

14 2008 through 2012’’ and inserting ‘‘$15,000,000 for each 

15 of fiscal years 2014 through 2018’’. 

16 SEC. 5003. ELIMINATION OF RESERVATION OF COMMUNITY 

17 FACILITIES GRANT PROGRAM FUNDS. 

18 Section 306(a)(19) of the Consolidated Farm and 

19 Rural Development Act (7 U.S.C. 1926(a)(19)) is amend20 ed by striking subparagraph (C). 

21 SEC. 5004. UTILIZATION OF LOAN GUARANTEES FOR COM22 MUNITY FACILITIES. 

23 Section 306(a)(24) of the Consolidated Farm and 

24 Rural Development Act (7 U.S.C. 1926(a)(24)) is amend25 ed by adding at the end the following: 


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1 ‘‘(C) UTILIZATION OF LOAN GUARANTEES

2 FOR COMMUNITY FACILITIES.—The Secretary 

3 shall consider the benefits to communities that 

4 result from using loan guarantees in the Com5 munity Facilities Program and to the maximum 

6 extent possible utilize guarantees to enhance 

7 community involvement.’’. 

8 SEC. 5005. RURAL WATER AND WASTEWATER CIRCUIT 

9 RIDER PROGRAM. 

10 Section 306(a)(22) of the Consolidated Farm and 

11 Rural Development Act (7 U.S.C. 1926(a)(22)) is amend12 ed to read as follows: 

13 ‘‘(22) RURAL WATER AND WASTEWATER CIR14 CUIT RIDER PROGRAM.— 

15 ‘‘(A) IN GENERAL.—The Secretary shall 

16 continue a national rural water and wastewater 

17 circuit rider program that— 

18 ‘‘(i) is consistent with the activities 

19 and results of the program conducted be20 fore the date of enactment of this para21 graph, as determined by the Secretary; and 

22 ‘‘(ii) receives funding from the Sec23 retary, acting through the Rural Utilities 

24 Service. 


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1 ‘‘(B) AUTHORIZATION OF APPROPRIA2 TIONS.—There is authorized to be appropriated 

3 to carry out this paragraph $20,000,000 for fis4 cal year 2014 and each fiscal year thereafter.’’. 

5 SEC. 5006. TRIBAL COLLEGE AND UNIVERSITY ESSENTIAL 

6 COMMUNITY FACILITIES. 

7 Section 306(a)(25)(C) of the Consolidated Farm and 

8 Rural Development Act (7 U.S.C. 1926(a)(25)(C)) is 

9 amended by striking ‘‘$10,000,000 for each of fiscal years 

10 2008 through 2012’’ and inserting ‘‘$5,000,000 for each 

11 of fiscal years 2014 through 2018’’. 

12 SEC. 5007. ESSENTIAL COMMUNITY FACILITIES TECHNICAL 

13 ASSISTANCE AND TRAINING. 

14 Section 306(a) of the Consolidated Farm and Rural 

15 Development Act (7 U.S.C. 1926(a)(19)) is amended by 

16 adding at the end the following new paragraph: 

17 ‘‘(26) ESSENTIAL COMMUNITY FACILITIES

18 TECHNICAL ASSISTANCE AND TRAINING.— 

19 ‘‘(A) IN GENERAL.—The Secretary may 

20 make grants to public bodies and private non21 profit corporations, such as States, counties, 

22 cities, townships, and incorporated towns and 

23 villages, boroughs, authorities, districts and In24 dian tribes on Federal and State reservations 

25 which will serve rural areas for the purpose of 


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1 enabling them to provide to associations de2 scribed in this subsection technical assistance 

3 and training, with respect to essential commu4 nity facilities programs authorized under this 

5 subsection, to— 

6 ‘‘(i) assist communities in identifying 

7 and planning for community facility needs; 

8 ‘‘(ii) identify public and private re9 sources to finance community facilities 

10 needs; 

11 ‘‘(iii) prepare reports and surveys nec12 essary to request financial assistance to de13 velop community facilities; 

14 ‘‘(iv) prepare applications for financial 

15 assistance; 

16 ‘‘(v) improve the management, includ17 ing financial management, related to the 

18 operation of community facilities; or 

19 ‘‘(vi) assist with other areas of need 

20 identified by the Secretary. 

21 ‘‘(B) SELECTION PRIORITY.—In selecting 

22 recipients of grants under this paragraph, the 

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1 ence in providing technical assistance and train2 ing to rural entities. 

3 ‘‘(C) FUNDING.—Not less than 3 nor more 

4 than 5 percent of any funds appropriated to 

5 carry out each of the essential community facili6 ties grant, loan and loan guarantee programs as 

7 authorized under this subsection for any fiscal 

8 year shall be reserved for grants under this 

9 paragraph.’’. 

10 SEC. 5008. EMERGENCY AND IMMINENT COMMUNITY 

11 WATER ASSISTANCE GRANT PROGRAM. 

12 Section 306A(i)(2) of the Consolidated Farm and 

13 Rural Development Act (7 U.S.C. 1926a(i)(2)) is amended 

14 by striking ‘‘$35,000,000 for each of fiscal years 2008 

15 through 2012’’ and inserting ‘‘$27,000,000 for each of fis16 cal years 2014 through 2018’’. 

17 SEC. 5009. HOUSEHOLD WATER WELL SYSTEMS. 

18 Section 306E(d) of the Consolidated Farm and Rural 

19 Development Act (7 U.S.C. 1926e(d)) is amended by 

20 striking ‘‘$10,000,000 for each of fiscal years 2008 

21 through 2012’’ and inserting ‘‘$5,000,000 for each of fis22 cal years 2014 through 2018’’. 


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1 SEC. 5010. RURAL BUSINESS AND INDUSTRY LOAN PRO2 GRAM. 

3 (a) FLEXIBILITY FOR THE BUSINESS AND LOAN

4 PROGRAM.—Section 310B(a)(2)(A) of the Consolidated 

5 Farm and Rural Development Act (7 U.S.C. 

6 1932(a)(2)(A)) is amended by inserting ‘‘including work7 ing capital’’ after ‘‘employment’’. 

8 (b) GREATER FLEXIBILITY FOR ADEQUATE COLLAT9 ERAL THROUGH ACCOUNTS RECEIVABLE.—Section 

10 310B(g)(7) of such Act (7 U.S.C. 1932(g)(7)) is amended 

11 by adding at the end the following: ‘‘In the discretion of 

12 the Secretary, if the Secretary determines that the action 

13 would not create or otherwise contribute to an unreason14 able risk of default or loss to the Federal Government, 

15 the Secretary may take account receivables as security for 

16 the obligations entered into in connection with loans and 

17 a borrower may use account receivables as collateral to 

18 secure a loan made or guaranteed under this subsection.’’. 

19 (c) REGULATIONS.—Not later than 6 months after 

20 the date of the enactment of this Act, the Secretary shall 

21 promulgate such regulations as are necessary to imple22 ment the amendments made by this section. 

23 SEC. 5011. RURAL COOPERATIVE DEVELOPMENT GRANTS. 

24 Section 310B(e)(12) of the Consolidated Farm and 

25 Rural Development Act (7 U.S.C. 1932(e)(12)) is amend26 ed by striking ‘‘$50,000,000 for each of fiscal years 2008 


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1 through 2012’’ and inserting ‘‘$40,000,000 for each of fis2 cal years 2014 through 2018’’. 

3 SEC. 5012. LOCALLY OR REGIONALLY PRODUCED AGRICUL4 TURAL FOOD PRODUCTS. 

5 Section 310B(g)(9)(B)(v)(I) of the Consolidated 

6 Farm and Rural Development Act (7 U.S.C. 

7 1932(g)(9)(B)(v)(I)) is amended— 

8 (1) by striking ‘‘2012’’ and inserting ‘‘2018’’; 

9 and 

10 (2) by inserting ‘‘and not more than 7 percent’’ 

11 after ‘‘5 percent’’. 

12 SEC. 5013. INTERMEDIARY RELENDING PROGRAM. 

13 (a) IN GENERAL.—Subtitle A of the Consolidated 

14 Farm and Rural Development Act (7 U.S.C. 1922–1936a) 

15 is amended by adding at the end the following: 

16 ‘‘SEC. 310H. INTERMEDIARY RELENDING PROGRAM. 

17 ‘‘(a) IN GENERAL.—The Secretary shall make loans 

18 to the entities, for the purposes, and subject to the terms 

19 and conditions specified in the 1st, 2nd, and last sentences 

20 of section 623(a) of the Community Economic Develop21 ment Act of 1981 (42 U.S.C. 9812(a)). 

22 ‘‘(b) LIMITATIONS ON AUTHORIZATION OF APPRO23 PRIATIONS.—For loans under subsection (a), there are au24 thorized to be appropriated to the Secretary not more than 

25 $10,000,000 for each of fiscal years 2014 through 2018.’’. 


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1 (b) CONFORMING AMENDMENTS.—Section 

2 1323(b)(2) of the Food Security Act of 1985 (Public Law 

3 99–198; 7 U.S.C. 1932 note) is amended— 

4 (1) in subparagraph (A), by adding ‘‘and’’ at 

5 the end; 

6 (2) in subparagraph (B), by striking ‘‘; and’’ 

7 and inserting a period; and 

8 (3) by striking subparagraph (C). 

9 SEC. 5014. RURAL COLLEGE COORDINATED STRATEGY. 

10 Section 331 of the Consolidated Farm and Rural De11 velopment Act (7 U.S.C. 1981) is amended by adding at 

12 the end the following: 

13 ‘‘(d) RURAL COLLEGE COORDINATED STRATEGY.— 

14 The Secretary shall develop a coordinated strategy across 

15 the relevant programs within the Rural Development mis16 sion areas to serve the specific, local needs of rural com17 munities when making investments in rural community 

18 colleges and technical colleges through other current au19 thorities. During the development of a coordinated strat20 egy, the Secretary shall consult with groups representing 

21 rural-serving community colleges and technical colleges to 

22 coordinate critical investments in rural community colleges 

23 and technical colleges involved in workforce training. 

24 Nothing in this subsection shall be construed to provide 

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1 retary shall use the coordinated strategy and information 

2 developed for the strategy to more effectively serve rural 

3 communities with respect to investments in community 

4 colleges and technical colleges.’’. 

5 SEC. 5015. RURAL WATER AND WASTE DISPOSAL INFRA6 STRUCTURE. 

7 Section 333 of the Consolidated Farm and Rural De8 velopment Act (7 U.S.C. 1983) is amended— 

9 (1) by striking ‘‘require’’; 

10 (2) in paragraph (1), by inserting ‘‘require’’ 

11 after ‘‘(1)’’; 

12 (3) in paragraph (2), by inserting ‘‘, require’’ 

13 after ‘‘314’’; 

14 (4) in paragraph (3), by inserting ‘‘require’’ 

15 after ‘‘loans,’’; 

16 (5) in paragraph (4)— 

17 (A) by inserting ‘‘require’’ after ‘‘(4)’’; and 

18 (B) by striking ‘‘and’’ after the semicolon; 

19 (6) in paragraph (5)— 

20 (A) by inserting ‘‘require’’ after ‘‘(5)’’; and 

21 (B) by striking the period at the end and 

22 inserting ‘‘; and’’; and 

23 (7) by adding at the end the following: 

24 ‘‘(6) with respect to water and waste disposal 

25 direct and guaranteed loans provided under section 


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1 306, encourage, to the maximum extent practicable, 

2 private or cooperative lenders to finance rural water 

3 and waste disposal facilities by— 

4 ‘‘(A) maximizing the use of loan guaran5 tees to finance eligible projects in rural commu6 nities where the population exceeds 5,500; 

7 ‘‘(B) maximizing the use of direct loans to 

8 finance eligible projects in rural communities 

9 where the impact on rate payers will be mate10 rial when compared to financing with a loan 

11 guarantee; 

12 ‘‘(C) establishing and applying a materi13 ality standard when determining the difference 

14 in impact on rate payers between a direct loan 

15 and a loan guarantee; 

16 ‘‘(D) in the case of projects that require 

17 interim financing in excess of $500,000, requir18 ing that such projects initially seek such financ19 ing from private or cooperative lenders; and 

20 ‘‘(E) determining if an existing direct loan 

21 borrower can refinance with a private or cooper22 ative lender, including with a loan guarantee, 

23 prior to providing a new direct loan.’’. 


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1 SEC. 5016. SIMPLIFIED APPLICATIONS. 

2 (a) IN GENERAL.—Section 333A of the Consolidated 

3 Farm and Rural Development Act (7 U.S.C. 1983a) is 

4 amended by adding at the end the following: 

5 ‘‘(h) SIMPLIFIED APPLICATION FORMS.—Except as 

6 provided in subsection (g)(2) of this section, the Secretary 

7 shall, to the maximum extent practicable, develop a sim8 plified application process, including a single page applica9 tion where possible, for grants and relending authorized 

10 under sections 306, 306C, 306D, 306E, 310B(b), 

11 310B(c), 310B(e), 310B(f), 310H, 379B, and 379E.’’. 

12 (b) REPORT TO THE CONGRESS.—Within 2 years 

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

14 shall submit to the Committee on Agriculture of the House 

15 of Representatives and the Committee on Agriculture, Nu16 trition, and Forestry of the Senate a written report that 

17 contains an evaluation of the implementation of the 

18 amendment made by subsection (a). 

19 SEC. 5017. GRANTS FOR NOAA WEATHER RADIO TRANSMIT20 TERS. 

21 Section 379B(d) of the Consolidated Farm and Rural 

22 Development Act (7 U.S.C. 2008p(d)) is amended to read 

23 as follows: 

24 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

25 is authorized to be appropriated to carry out this section 

26 $1,000,000 for each of fiscal years 2014 through 2018.’’. 


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1 SEC. 5018. RURAL MICROENTREPRENEUR ASSISTANCE 

2 PROGRAM. 

3 Section 379E(d)(2) of the Consolidated Farm and 

4 Rural Development Act (7 U.S.C. 2008s(d)(2)) is amend5 ed by striking ‘‘$40,000,000 for each of fiscal years 2009 

6 through 2012’’ and inserting ‘‘$20,000,000 for each of fis7 cal years 2014 through 2018’’. 

8 SEC. 5019. DELTA REGIONAL AUTHORITY. 

9 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 

10 382M(a) of the Consolidated Farm and Rural Develop11 ment Act (7 U.S.C. 2009aa–12(a)) is amended by striking 

12 ‘‘$30,000,000 for each of fiscal years 2008 through 2012’’ 

13 and inserting ‘‘$12,000,000 for each of fiscal years 2014 

14 through 2018’’. 

15 (b) TERMINATION OF AUTHORITY.—Section 382N of 

16 such Act (7 U.S.C. 2009aa–13) is amended by striking 

17 ‘‘2012’’ and inserting ‘‘2018’’. 

18 SEC. 5020. NORTHERN GREAT PLAINS REGIONAL AUTHOR19 ITY. 

20 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 

21 383N(a) of the Consolidated Farm and Rural Develop22 ment Act (7 U.S.C. 2009bb–12(a)) is amended by striking 

23 ‘‘$30,000,000 for each of fiscal years 2008 through 2012’’ 

24 and inserting ‘‘$2,000,000 for each of fiscal years 2014 

25 through 2018’’. 


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1 (b) TERMINATION OF AUTHORITY.—Section 383O of 

2 such Act (7 U.S.C. 2009bb–13) is amended by striking 

3 ‘‘2012’’ and inserting ‘‘2018’’. 

4 SEC. 5021. RURAL BUSINESS INVESTMENT PROGRAM. 

5 Section 384S of the Consolidated Farm and Rural 

6 Development Act (7 U.S.C. 2009cc–18) is amended by 

7 striking ‘‘$50,000,000 for the period of fiscal years 2008 

8 through 2012’’ and inserting ‘‘$20,000,000 for each of fis9 cal years 2014 through 2018’’. 

10 Subtitle B—Rural Electrification 

11 Act of 1936 

12 SEC. 5101. RELENDING FOR CERTAIN PURPOSES. 

13 (a) IN GENERAL.—The Rural Electrification Act of 

14 1936 (7 U.S.C. 901 et seq.) is amended— 

15 (1) in section 2(a), by inserting ‘‘(including re16 lending for this purpose as provided in section 4)’’ 

17 after ‘‘efficiency’’; 

18 (2) in section 4(a), by inserting ‘‘(including re19 lending to ultimate consumers for this purpose by 

20 borrowers enumerated in the proviso in this sec21 tion)’’ after ‘‘efficiency’’; and 

22 (3) in section 313(b)(2)(B)— 

23 (A) by inserting ‘‘(acting through the 

24 Rural Utilities Service)’’ after ‘‘Secretary’’; and 


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1 (B) by inserting ‘‘energy efficiency (includ2 ing relending to ultimate consumers for this 

3 purpose),’’ after ‘‘promoting’’. 

4 (b) CURRENT AUTHORITY.—The authority provided 

5 in this section is in addition to any other relending author6 ity of the Secretary under the Rural Electrification Act 

7 of 1936 (7 U.S.C. 901 et. seq.) or any other law. 

8 (c) ADMINISTRATION.—The Secretary (acting 

9 through the Rural Utilities Service) shall continue to carry 

10 out section 313 of the Rural Electrification Act of 1936 

11 (7 U.S.C. 940c) in the same manner as on the day before 

12 enactment of this Act until such time as any regulations 

13 necessary to carry out the amendments made by this sec14 tion are fully implemented. 

15 SEC. 5102. FEES FOR CERTAIN LOAN GUARANTEES. 

16 The Rural Electrification Act of 1936 (7 U.S.C. 901 

17 et seq.) is amended by inserting after section 4 the fol18 lowing: 

19 ‘‘SEC. 5. FEES FOR CERTAIN LOAN GUARANTEES. 

20 ‘‘(a) IN GENERAL.—For electrification baseload gen21 eration loan guarantees, the Secretary shall, at the request 

22 of the borrower, charge an upfront fee to cover the costs 

23 of the loan guarantee. 

24 ‘‘(b) FEE.—The fee described in subsection (a) for 

25 a loan guarantee shall be equal to the costs of the loan 


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1 guarantee (within the meaning of section 502(5)(C) of the 

2 Federal Credit Reform Act of 1990 (2 U.S.C. 

3 661a(5)(C))). 

4 ‘‘(c) LIMITATION.—Funds received from a borrower 

5 to pay the fee described in this section shall not be derived 

6 from a loan or other debt obligation that is made or guar7 anteed by the Federal Government.’’. 

8 SEC. 5103. RURAL UTILITIES SERVICE CONTRACTING AU9 THORITY. 

10 Section 18(c) of the Rural Electrification Act of 1936 

11 (7 U.S.C. 918(c)) is amended— 

12 (1) in paragraph (1), by striking ‘‘Rural Elec13 trification Administration’’ each place it appears and 

14 inserting ‘‘Rural Utilities Service’’; and 

15 (2) in paragraph (4)— 

16 (A) in the paragraph heading, by inserting 

17 ‘‘COOPERATIVE’’ before ‘‘AGREEMENTS’’; and 

18 (B) by inserting after the 1st sentence the 

19 following: ‘‘A contract funded by a borrower 

20 that is to be paid for out of the general funds 

21 of the borrower is not a public contract within 

22 the meaning of title 41, United States Code.’’. 


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1 SEC. 5104. GUARANTEES FOR BONDS AND NOTES ISSUED 

2 FOR ELECTRIFICATION OR TELEPHONE PUR3 POSES. 

4 Section 313A(f) of the Rural Electrification Act of 

5 1936 (7 U.S.C. 940c–1(f)) is amended by striking ‘‘2012’’ 

6 and inserting ‘‘2018’’. 

7 SEC. 5105. EXPANSION OF 911 ACCESS. 

8 Section 315(d) of the Rural Electrification Act of 

9 1936 (7 U.S.C. 940e(d)) is amended by striking ‘‘2012’’ 

10 and inserting ‘‘2018’’. 

11 SEC. 5106. ACCESS TO BROADBAND TELECOMMUNICATIONS 

12 SERVICES IN RURAL AREAS. 

13 Section 601 of the Rural Electrification Act of 1936 

14 (7 U.S.C. 950bb) is amended— 

15 (1) in subsection (c), by striking paragraph (2) 

16 and inserting the following: 

17 ‘‘(2) PRIORITIES.—In making or guaranteeing 

18 loans under paragraph (1), the Secretary shall 

19 give— 

20 ‘‘(A) the highest priority to applicants that 

21 offer to provide broadband service to the great22 est proportion of households that, prior to the 

23 provision of the broadband service, had no in24 cumbent service provider; and 

25 ‘‘(B) priority to applicants that offer in 

26 their applications to provide broadband service 


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1 not predominantly for business service, but 

2 where at least 25 percent of customers in the 

3 proposed service territory are commercial inter4 ests.’’; 

5 (2) in subsection (d)— 

6 (A) in paragraph (5)— 

7 (i) by striking ‘‘and’’ at the end of 

8 subparagraph (B); 

9 (ii) by striking the period at the end 

10 of subparagraph (C) and inserting a semi11 colon; and 

12 (iii) by adding at the end the fol13 lowing: 

14 ‘‘(D) the amount and type of support re15 quested; and 

16 ‘‘(E) a list of the census block groups or 

17 tracts proposed to be so served.’’; and 

18 (B) by adding at the end the following: 

19 ‘‘(8) ADDITIONAL PROCESS.—The Secretary 

20 shall establish a process under which an incumbent 

21 service provider which, as of the date of the publica22 tion of notice under paragraph (5) with respect to 

23 an application submitted by the provider, is pro24 viding broadband service to a remote rural area, 

25 may (but shall not be required to) submit to the 


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1 Secretary, not less than 15 and not more than 30 

2 days after that date, information regarding the 

3 broadband services that the provider offers in the 

4 proposed service territory, so that the Secretary may 

5 assess whether the application meets the require6 ments of this section with respect to eligible 

7 projects.’’; 

8 (3) in subsection (e), by adding at the end the 

9 following: 

10 ‘‘(3) REQUIREMENT.—In considering the tech11 nology needs of customers in a proposed service ter12 ritory, the Secretary shall take into consideration the 

13 upgrade or replacement cost for the construction or 

14 acquisition of facilities and equipment in the terri15 tory.’’; and 

16 (4) in each of subsections (k)(1) and (l), by 

17 striking ‘‘2012’’ and inserting ‘‘2018’’. 

18 Subtitle C—Miscellaneous 

19 SEC. 5201. DISTANCE LEARNING AND TELEMEDICINE. 

20 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 

21 2335A of the Food, Agriculture, Conservation, and Trade 

22 Act of 1990 (7 U.S.C. 950aaa–5) is amended by striking 

23 ‘‘$100,000,000 for each of fiscal years 1996 through 

24 2012’’ and inserting ‘‘$65,000,000 for each of fiscal years 

25 2014 through 2018’’. 


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1 (b) CONFORMING AMENDMENT.—Section 1(b) of 

2 Public Law 102–551 (7 U.S.C. 950aaa note) is amended 

3 by striking ‘‘2012’’ and inserting ‘‘2018’’. 

4 SEC. 5202. VALUE-ADDED AGRICULTURAL MARKET DEVEL5 OPMENT PROGRAM GRANTS. 

6 Section 231(b)(7) of the Agricultural Risk Protection 

7 Act of 2000 (7 U.S.C. 1632a(b)(7)) is amended— 

8 (1) in subparagraph (A)— 

9 (A) by striking ‘‘2008’’ and inserting 

10 ‘‘2013’’; and 

11 (B) by striking ‘‘$15,000,000’’ and insert12 ing ‘‘$50,000,000’’; and 

13 (2) in subparagraph (B), by striking ‘‘2012’’ 

14 and inserting ‘‘2018’’. 

15 SEC. 5203. AGRICULTURE INNOVATION CENTER DEM16 ONSTRATION PROGRAM. 

17 Section 6402(i) of the Farm Security and Rural In18 vestment Act of 2002 (7 U.S.C. 1632b(i)) is amended by 

19 striking ‘‘$6,000,000 for each of fiscal years 2008 through 

20 2012’’ and inserting ‘‘$1,000,000 for each of fiscal years 

21 2014 through 2018’’. 

22 SEC. 5204. PROGRAM METRICS. 

23 (a) IN GENERAL.—The Secretary of Agriculture shall 

24 collect data regarding economic activities created through 

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1 vided as a component of the grant or loan program, and 

2 measure the short and long term viability of award recipi3 ents and any entities to whom those recipients provide as4 sistance using award funds under section 231 of the Agri5 cultural Risk Protection Act of 2000 (7 U.S.C. 1621 note; 

6 Public Law 106–224), section 9007 of the Farm Security 

7 and Rural Investment Act of 2002 (7 U.S.C. 8107), sec8 tion 313(b)(2) of the Rural Electrification Act of 1936 

9 (7 U.S.C. 940c(b)(2)), or section 306(a)(11), 310B(c), 

10 310B(e), 310B(g), 310H, or 379E, or subtitle E, of the 

11 Consolidated Farm and Rural Development Act (7 U.S.C. 

12 1926(a)(11), 1932(c), 1932(e), 1932(g), 2008s, or 2009 

13 through 2009m). 

14 (b) DATA.—The data collected under subsection (a) 

15 shall include information collected from recipients both 

16 during the award period and after the period as deter17 mined by the Secretary, but not less than 2 years after 

18 the award period ends. 

19 (c) REPORT.—Not later than 4 years after the date 

20 of enactment of this Act, and every 2 years thereafter, 

21 the Secretary shall submit to the Committee on Agri22 culture of the House of Representatives and the Com23 mittee on Agriculture, Nutrition, and Forestry of the Sen24 ate a report that contains the data described in subsection 


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1 (a). The report shall include detailed information regard2 ing— 

3 (1) actions taken by the Secretary to utilize the 

4 data; 

5 (2) the number of jobs, including self-employ6 ment and the value of salaries and wages; 

7 (3) how the provision of funds from the grant 

8 or loan involved affected the local economy; 

9 (4) any benefit, such as an increase in revenue 

10 or customer base; and 

11 (5) such other information as the Secretary 

12 deems appropriate. 

13 SEC. 5205. STUDY OF RURAL TRANSPORTATION ISSUES. 

14 (a) IN GENERAL.—The Secretary of Agriculture and 

15 the Secretary of Transportation shall publish an updated 

16 version of the study described in section 6206 of the Food, 

17 Conservation, and Energy Act of 2008 (as amended by 

18 subsection (b)). 

19 (b) ADDITION TO STUDY.—Section 6206(b) of the 

20 Food, Conservation, and Energy Act of 2008 (Public Law 

21 110–246; 122 Stat. 1971) is amended— 

22 (1) in paragraph (3), by striking ‘‘and’’ at the 

23 end; 

24 (2) in paragraph (4), by striking the period at 

25 the end and inserting ‘‘; and’’; and 


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1 (3) by adding at the end the following new 

2 paragraph: 

3 ‘‘(5) the sufficiency of infrastructure along wa4 terways in the United States and the impact of such 

5 infrastructure on the movement of agricultural goods 

6 in terms of safety, efficiency and speed, as well as 

7 the benefits derived through upgrades and repairs to 

8 locks and dams.’’. 

9 (c) REPORT TO CONGRESS.—Not later than 1 year 

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

11 Agriculture and the Secretary of Transportation shall sub12 mit to the Congress the updated version of the study re13 quired by subsection (a). 

14 SEC. 5206. CERTAIN FEDERAL ACTIONS NOT TO BE CONSID15 ERED MAJOR. 

16 In the case of a loan, loan guarantee, or grant pro17 gram in the rural development mission area of the Depart18 ment of Agriculture, an action of the Secretary before, on, 

19 or after the date of enactment of this Act that does not 

20 involve the provision by the Department of Agriculture of 

21 Federal dollars or a Federal loan guarantee, including— 

22 (1) the approval by the Department of Agri23 culture of the decision of a borrower to commence 

24 a privately funded activity; 

25 (2) a lien accommodation or subordination; 


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1 (3) a debt settlement or restructuring; or 

2 (4) the restructuring of a business entity by a 

3 borrower, 

4 shall not be considered a major Federal action. 

5 SEC. 5207. TELEMEDICINE AND DISTANCE LEARNING SERV6 ICES IN RURAL AREAS. 

7 Section 2333(d) of the Food, Agriculture, Conserva8 tion, and Trade Act of 1990 (7 U.S.C. 950aaa-2(d)) is 

9 amended— 

10 (1) by striking ‘‘and’’ at the end of paragraph 

11 (12); and 

12 (2) by redesignating paragraph (13) as para13 graph (14) and inserting after paragraph (12) the 

14 following: 

15 ‘‘(13) whether the applicant for assistance is lo16 cated in a designated health professional shortage 

17 area (within the meaning of section 332 of the Pub18 lic Health Service Act)’’. 

19 SEC. 5208. REGIONAL ECONOMIC AND INFRASTRUCTURE 

20 DEVELOPMENT. 

21 Section 15751 of title 40, United States Code, is 

22 amended— 

23 (1) in subsection (a), by striking ‘‘2012’’ and 

24 inserting ‘‘2018’’; and 

25 (2) in subsection (b)— 


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1 (A) by striking ‘‘Not more than’’ and in2 serting the following: 

3 ‘‘(1) IN GENERAL.—Except as provided in para4 graph (2), not more than’’; and 

5 (B) by adding at the end the following: 

6 ‘‘(2) LIMITED FUNDING.—In a case in which 

7 less than $10,000,000 is made available to a Com8 mission for a fiscal year under this section, para9 graph (1) shall not apply.’’. 

10 TITLE VI—RESEARCH, EXTEN11 SION, AND RELATED MAT12 TERS 

13 Subtitle A—National Agricultural 

14 Research, Extension, and Teach15 ing Policy Act of 1977 

16 SEC. 6101. OPTION TO BE INCLUDED AS NON-LAND-GRANT 

17 COLLEGE OF AGRICULTURE. 

18 Section 1404 of the National Agricultural Research, 

19 Extension, and Teaching Policy Act of 1977 (7 U.S.C. 

20 3103) is amended— 

21 (1) by striking paragraph (5) and inserting the 

22 following new paragraph: 

23 ‘‘(5) COOPERATING FORESTRY SCHOOL.— 

24 ‘‘(A) IN GENERAL.—The term ‘cooperating 

25 forestry school’ means an institution— 


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1 ‘‘(i) that is eligible to receive funds 

2 under the Act of October 10, 1962 (16 

3 U.S.C. 582a et seq.), commonly known as 

4 the McIntire-Stennis Act of 1962; and 

5 ‘‘(ii) with respect to which the Sec6 retary has not received a declaration of the 

7 intent of that institution to not be consid8 ered a cooperating forestry school. 

9 ‘‘(B) TERMINATION OF DECLARATION.—A 

10 declaration of the intent of an institution to not 

11 be considered a cooperating forestry school sub12 mitted to the Secretary shall be in effect until 

13 September 30, 2018.’’; and 

14 (2) in paragraph (10)— 

15 (A) in subparagraph (A)— 

16 (i) in the matter preceding clause (i), 

17 by striking ‘‘that’’; 

18 (ii) in clause (i)— 

19 (I) by inserting ‘‘that’’ before 

20 ‘‘qualify’’; and 

21 (II) by striking ‘‘and’’ at the end; 

22 (iii) in clause (ii)— 

23 (I) by inserting ‘‘that’’ before 

24 ‘‘offer’’; and 


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1 (II) by striking the period at the 

2 end and inserting ‘‘; and’’; and 

3 (iv) by adding at the end the following 

4 new clause: 

5 ‘‘(iii) with respect to which the Sec6 retary has not received a statement of the 

7 declaration of the intent of a college or 

8 university to not be considered a Hispanic9 serving agricultural college or university.’’; 

10 and 

11 (B) by adding at the end the following new 

12 subparagraph: 

13 ‘‘(C) TERMINATION OF DECLARATION OF

14 INTENT.—A declaration of the intent of a col15 lege or university to not be considered a His16 panic-serving agricultural college or university 

17 submitted to the Secretary shall be in effect 

18 until September 30, 2018.’’. 

19 SEC. 6102. NATIONAL AGRICULTURAL RESEARCH, EXTEN20 SION, EDUCATION, AND ECONOMICS ADVI21 SORY BOARD. 

22 (a) EXTENSION OF TERMINATION DATE.—Section 

23 1408(h) of the National Agricultural Research, Extension, 

24 and Teaching Policy Act of 1977 (7 U.S.C. 3123(h)) is 

25 amended by striking ‘‘2012’’ and inserting ‘‘2018’’. 


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1 (b) DUTIES OF NATIONAL AGRICULTURAL RE2 SEARCH, EXTENSION, EDUCATION, AND ECONOMICS AD3 VISORY BOARD.—Section 1408(c) of the National Agricul4 tural Research, Extension, and Teaching Policy Act of 

5 1977 (7 U.S.C. 3123(c)) is amended— 

6 (1) in paragraph (3), by striking ‘‘and’’ at the 

7 end; 

8 (2) in paragraph (4)(C), by striking the period 

9 at the end and inserting ‘‘; and’’; and 

10 (3) by adding at the end the following new 

11 paragraph: 

12 ‘‘(5) consult with industry groups on agricul13 tural research, extension, education, and economics, 

14 and make recommendations to the Secretary based 

15 on that consultation.’’. 

16 SEC. 6103. SPECIALTY CROP COMMITTEE. 

17 Section 1408A(c) of the National Agricultural Re18 search, Extension, and Teaching Policy Act of 1977 (7 

19 U.S.C. 3123a(c)) is amended— 

20 (1) in paragraph (1), by striking ‘‘Measures’’ 

21 and inserting ‘‘Programs’’; 

22 (2) by striking paragraph (2); 

23 (3) by redesignating paragraphs (3), (4), and 

24 (5) as paragraphs (2), (3), and (4), respectively; and 

25 (4) in paragraph (2) (as so redesignated)— 


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1 (A) in the matter preceding subparagraph 

2 (A), by striking ‘‘Programs that would’’ and in3 serting ‘‘Research, extension, and teaching pro4 grams designed to improve competitiveness in 

5 the specialty crop industry, including programs 

6 that would’’; 

7 (B) in subparagraph (D), by inserting ‘‘, 

8 including improving the quality and taste of 

9 processed specialty crops’’ before the semicolon; 

10 and 

11 (C) in subparagraph (G), by inserting ‘‘the 

12 remote sensing and the’’ before ‘‘mechaniza13 tion’’. 

14 SEC. 6104. VETERINARY SERVICES GRANT PROGRAM. 

15 The National Agricultural Research, Extension, and 

16 Teaching Policy Act of 1977 is amended by inserting after 

17 section 1415A (7 U.S.C. 3151a) the following new section: 

18 ‘‘SEC. 1415B. VETERINARY SERVICES GRANT PROGRAM. 

19 ‘‘(a) DEFINITIONS.—In this section: 

20 ‘‘(1) QUALIFIED ENTITY.—The term ‘qualified 

21 entity’ means— 

22 ‘‘(A) a for-profit or nonprofit entity located 

23 in the United States that, or an individual who, 

24 operates a veterinary clinic providing veterinary 

25 services— 


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1 ‘‘(i) in a rural area, as defined in sec2 tion 343(a) of the Consolidated Farm and 

3 Rural Development Act (7 U.S.C. 

4 1991(a)); and 

5 ‘‘(ii) in a veterinarian shortage situa6 tion; 

7 ‘‘(B) a State, national, allied, or regional 

8 veterinary organization or specialty board rec9 ognized by the American Veterinary Medical 

10 Association; 

11 ‘‘(C) a college or school of veterinary medi12 cine accredited by the American Veterinary 

13 Medical Association; 

14 ‘‘(D) a university research foundation or 

15 veterinary medical foundation; 

16 ‘‘(E) a department of veterinary science or 

17 department of comparative medicine accredited 

18 by the Department of Education; 

19 ‘‘(F) a State agricultural experiment sta20 tion; or 

21 ‘‘(G) a State, local, or tribal government 

22 agency. 

23 ‘‘(2) VETERINARIAN SHORTAGE SITUATION.— 

24 The term ‘veterinarian shortage situation’ means a 


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1 veterinarian shortage situation as determined by the 

2 Secretary under section 1415A. 

3 ‘‘(b) ESTABLISHMENT.— 

4 ‘‘(1) COMPETITIVE GRANTS.—The Secretary 

5 shall carry out a program to make competitive 

6 grants to qualified entities that carry out programs 

7 or activities described in paragraph (2) for the pur8 pose of developing, implementing, and sustaining 

9 veterinary services. 

10 ‘‘(2) ELIGIBILITY REQUIREMENTS.—A qualified 

11 entity shall be eligible to receive a grant described 

12 in paragraph (1) if the entity carries out programs 

13 or activities that the Secretary determines will— 

14 ‘‘(A) substantially relieve veterinarian 

15 shortage situations; 

16 ‘‘(B) support or facilitate private veteri17 nary practices engaged in public health activi18 ties; or 

19 ‘‘(C) support or facilitate the practices of 

20 veterinarians who are providing or have com21 pleted providing services under an agreement 

22 entered into with the Secretary under section 

23 1415A(a)(2). 

24 ‘‘(c) AWARD PROCESSES AND PREFERENCES.— 


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1 ‘‘(1) APPLICATION, EVALUATION, AND INPUT

2 PROCESSES.—In administering the grant program 

3 established under this section, the Secretary shall— 

4 ‘‘(A) use an appropriate application and 

5 evaluation process, as determined by the Sec6 retary; and 

7 ‘‘(B) seek the input of interested persons. 

8 ‘‘(2) COORDINATION PREFERENCE.—In select9 ing recipients of grants to be used for any of the 

10 purposes described in subsection (d)(1), the Sec11 retary shall give a preference to qualified entities 

12 that provide documentation of coordination with 

13 other qualified entities, with respect to any such 

14 purpose. 

15 ‘‘(3) CONSIDERATION OF AVAILABLE FUNDS.— 

16 In selecting recipients of grants to be used for any 

17 of the purposes described in subsection (d), the Sec18 retary shall take into consideration the amount of 

19 funds available for grants and the purposes for 

20 which the grant funds will be used. 

21 ‘‘(4) NATURE OF GRANTS.—A grant awarded 

22 under this section shall be considered to be a com23 petitive research, extension, or education grant. 


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1 ‘‘(d) USE OF GRANTS TO RELIEVE VETERINARIAN

2 SHORTAGE SITUATIONS AND SUPPORT VETERINARY

3 SERVICES.— 

4 ‘‘(1) IN GENERAL.—Except as provided in para5 graph (2), a qualified entity may use funds provided 

6 by a grant awarded under this section to relieve vet7 erinarian shortage situations and support veterinary 

8 services for any of the following purposes: 

9 ‘‘(A) To promote recruitment (including 

10 for programs in secondary schools), placement, 

11 and retention of veterinarians, veterinary tech12 nicians, students of veterinary medicine, and 

13 students of veterinary technology. 

14 ‘‘(B) To allow veterinary students, veteri15 nary interns, externs, fellows, and residents, 

16 and veterinary technician students to cover ex17 penses (other than the types of expenses de18 scribed in section 1415A(c)(5)) to attend train19 ing programs in food safety or food animal 

20 medicine. 

21 ‘‘(C) To establish or expand accredited vet22 erinary education programs (including faculty 

23 recruitment and retention), veterinary residency 

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1 ordination with accredited colleges of veterinary 

2 medicine. 

3 ‘‘(D) To provide continuing education and 

4 extension, including veterinary telemedicine and 

5 other distance-based education, for veterinar6 ians, veterinary technicians, and other health 

7 professionals needed to strengthen veterinary 

8 programs and enhance food safety. 

9 ‘‘(E) To provide technical assistance for 

10 the preparation of applications submitted to the 

11 Secretary for designation as a veterinarian 

12 shortage situation under this section or section 

13 1415A. 

14 ‘‘(2) QUALIFIED ENTITIES OPERATING VETERI15 NARY CLINICS.—A qualified entity described in sub16 section (a)(1)(A) may only use funds provided by a 

17 grant awarded under this section to establish or ex18 pand veterinary practices, including— 

19 ‘‘(A) equipping veterinary offices; 

20 ‘‘(B) sharing in the reasonable overhead 

21 costs of such veterinary practices, as deter22 mined by the Secretary; or 

23 ‘‘(C) establishing mobile veterinary facili24 ties in which a portion of the facilities will ad25 dress education or extension needs. 


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1 ‘‘(e) SPECIAL REQUIREMENTS FOR CERTAIN

2 GRANTS.— 

3 ‘‘(1) TERMS OF SERVICE REQUIREMENTS.— 

4 ‘‘(A) IN GENERAL.—Funds provided 

5 through a grant made under this section to a 

6 qualified entity described in subsection 

7 (a)(1)(A) and used by such entity under sub8 section (d)(2) shall be subject to an agreement 

9 between the Secretary and such entity that in10 cludes a required term of service for such entity 

11 (including a qualified entity operating as an in12 dividual), as prospectively established by the 

13 Secretary. 

14 ‘‘(B) CONSIDERATIONS.—In establishing a 

15 term of service under subparagraph (A), the 

16 Secretary shall consider only— 

17 ‘‘(i) the amount of the grant awarded; 

18 and 

19 ‘‘(ii) the specific purpose of the grant. 

20 ‘‘(2) BREACH REMEDIES.— 

21 ‘‘(A) IN GENERAL.—An agreement under 

22 paragraph (1) shall provide remedies for any 

23 breach of the agreement by the qualified entity 

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1 payment or partial repayment of the grant 

2 funds, with interest. 

3 ‘‘(B) WAIVER.—The Secretary may grant 

4 a waiver of the repayment obligation for breach 

5 of contract if the Secretary determines that 

6 such qualified entity demonstrates extreme 

7 hardship or extreme need. 

8 ‘‘(C) TREATMENT OF AMOUNTS RECOV9 ERED.—Funds recovered under this paragraph 

10 shall— 

11 ‘‘(i) be credited to the account avail12 able to carry out this section; and 

13 ‘‘(ii) remain available until expended 

14 without further appropriation. 

15 ‘‘(f) PROHIBITION ON USE OF GRANT FUNDS FOR

16 CONSTRUCTION.—Except as provided in subsection (d)(2), 

17 funds made available for grants under this section may 

18 not be used— 

19 ‘‘(1) to construct a new building or facility; or 

20 ‘‘(2) to acquire, expand, remodel, or alter an ex21 isting building or facility, including site grading and 

22 improvement and architect fees. 

23 ‘‘(g) REGULATIONS.—Not later than 1 year after the 

24 date of the enactment of this section, the Secretary shall 

25 promulgate regulations to carry out this section. 


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

2 are authorized to be appropriated to the Secretary to carry 

3 out this section $10,000,000 for fiscal year 2014 and each 

4 fiscal year thereafter, to remain available until ex5 pended.’’. 

6 SEC. 6105. GRANTS AND FELLOWSHIPS FOR FOOD AND AG7 RICULTURE SCIENCES EDUCATION. 

8 Section 1417(m) of the National Agricultural Re9 search, Extension, and Teaching Policy Act of 1977 (7 

10 U.S.C. 3152(m)) is amended by striking ‘‘section 

11 $60,000,000’’ and all that follows and inserting the fol12 lowing: ‘‘section— 

13 ‘‘(1) $60,000,000 for each of fiscal years 1990 

14 through 2013; and 

15 ‘‘(2) $40,000,000 for each of fiscal years 2014 

16 through 2018.’’. 

17 SEC. 6106. POLICY RESEARCH CENTERS. 

18 Section 1419A of the National Agricultural Research, 

19 Extension, and Teaching Policy Act of 1977 (7 U.S.C. 

20 3155) is amended— 

21 (1) in the section heading, by inserting ‘‘AGRI22 CULTURAL AND FOOD’’ before ‘‘POLICY’’; 

23 (2) in subsection (a), in the matter preceding 

24 paragraph (1)— 


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1 (A) by striking ‘‘Secretary may’’ and in2 serting ‘‘Secretary shall, acting through the Of3 fice of the Chief Economist,’’; 

4 (B) by striking ‘‘make grants, competitive 

5 grants, and special research grants to, and 

6 enter into cooperative agreements and other 

7 contracting instruments with,’’ and inserting 

8 ‘‘make competitive grants to, or enter into coop9 erative agreements with,’’; and 

10 (C) by inserting ‘‘with a history of pro11 viding unbiased, nonpartisan economic analysis 

12 to Congress’’ after ‘‘subsection (b)’’; 

13 (3) in subsection (b), by striking ‘‘other re14 search institutions’’ and all that follows through 

15 ‘‘shall be eligible’’ and inserting ‘‘and other public 

16 research institutions and organizations shall be eligi17 ble’’; 

18 (4) by redesignating subsections (c) and (d) as 

19 subsections (d) and (e), respectively; 

20 (5) by inserting after subsection (b), the fol21 lowing new subsection: 

22 ‘‘(c) PREFERENCE.—In awarding grants under this 

23 section, the Secretary shall give a preference to policy re24 search centers that have extensive databases, models, and 

25 demonstrated experience in providing Congress with agriVerDate Mar 15 2010 21:18 Jul 16, 2013 Jkt 029200 PO 00000 Frm 00346 Fmt 6652 Sfmt 6201 E:\BILLS\H2642.PCS H2642

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1 cultural market projections, rural development analysis, 

2 agricultural policy analysis, and baseline projections at the 

3 farm, multiregional, national, and international levels.’’; 

4 and 

5 (6) by striking subsection (e) (as redesignated 

6 by paragraph (4)) and inserting the following new 

7 subsection: 

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

9 are authorized to be appropriated to carry out this sec10 tion— 

11 ‘‘(1) such sums as are necessary for each of fis12 cal years 1996 through 2013; and 

13 ‘‘(2) $5,000,000 for each of fiscal years 2014 

14 through 2018.’’. 

15 SEC. 6107. REPEAL OF HUMAN NUTRITION INTERVENTION 

16 AND HEALTH PROMOTION RESEARCH PRO17 GRAM. 

18 Effective October 1, 2013, section 1424 of the Na19 tional Agricultural Research, Extension, and Teaching 

20 Policy Act of 1977 (7 U.S.C. 3174) is repealed. 


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1 SEC. 6108. REPEAL OF PILOT RESEARCH PROGRAM TO 

2 COMBINE MEDICAL AND AGRICULTURAL RE3 SEARCH. 

4 Effective October 1, 2013, section 1424A of the Na5 tional Agricultural Research, Extension, and Teaching 

6 Policy Act of 1977 (7 U.S.C. 3174a) is repealed. 

7 SEC. 6109. NUTRITION EDUCATION PROGRAM. 

8 Section 1425(f) of the National Agricultural Re9 search, Extension, and Teaching Policy Act of 1977 (7 

10 U.S.C. 3175(f)) is amended by striking ‘‘2012’’ and in11 serting ‘‘2018’’. 

12 SEC. 6110. CONTINUING ANIMAL HEALTH AND DISEASE RE13 SEARCH PROGRAMS. 

14 Section 1433 of the National Agricultural Research, 

15 Extension, and Teaching Policy Act of 1977 (7 U.S.C. 

16 3195) is amended by striking the section designation and 

17 heading and all that follows through subsection (a) and 

18 inserting the following: 

19 ‘‘SEC. 1433. APPROPRIATIONS FOR CONTINUING ANIMAL 

20 HEALTH AND DISEASE RESEARCH PRO21 GRAMS. 

22 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.— 

23 ‘‘(1) IN GENERAL.—There are authorized to be 

24 appropriated to support continuing animal health 

25 and disease research programs at eligible institu26 tions— 


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1 ‘‘(A) $25,000,000 for each of fiscal years 

2 1991 through 2013; and 

3 ‘‘(B) $15,000,000 for each of fiscal years 

4 2014 through 2018. 

5 ‘‘(2) USE OF FUNDS.—Funds made available 

6 under this section shall be used— 

7 ‘‘(A) to meet the expenses of conducting 

8 animal health and disease research, publishing 

9 and disseminating the results of such research, 

10 and contributing to the retirement of employees 

11 subject to the Act of March 4, 1940 (7 U.S.C. 

12 331); 

13 ‘‘(B) for administrative planning and di14 rection; and 

15 ‘‘(C) to purchase equipment and supplies 

16 necessary for conducting the research described 

17 in subparagraph (A).’’. 

18 SEC. 6111. REPEAL OF APPROPRIATIONS FOR RESEARCH 

19 ON NATIONAL OR REGIONAL PROBLEMS. 

20 (a) REPEAL.—Effective October 1, 2013, section 

21 1434 of the National Agricultural Research, Extension, 

22 and Teaching Policy Act of 1977 (7 U.S.C. 3196) is re23 pealed. 

24 (b) CONFORMING AMENDMENTS.— 


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1 (1) MATCHING FUNDS.—Section 1438 of the 

2 National Agricultural Research, Extension, and 

3 Teaching Policy Act of 1977 (7 U.S.C. 3200) is 

4 amended in the first sentence by striking ‘‘, exclusive 

5 of the funds provided for research on specific na6 tional or regional animal health and disease prob7 lems under the provisions of section 1434 of this 

8 title,’’. 

9 (2) AUTHORIZATION OF APPROPRIATIONS FOR

10 EXISTING AND CERTAIN NEW AGRICULTURAL RE11 SEARCH PROGRAMS.—Section 1463(c) of the Na12 tional Agricultural Research, Extension, and Teach13 ing Policy Act of 1977 (7 U.S.C. 3311(c)) is amend14 ed by striking ‘‘sections 1433 and 1434’’ and insert15 ing ‘‘section 1433’’. 

16 SEC. 6112. GRANTS TO UPGRADE AGRICULTURAL AND 

17 FOOD SCIENCES FACILITIES AT 1890 LAND18 GRANT COLLEGES, INCLUDING TUSKEGEE 

19 UNIVERSITY. 

20 Section 1447(b) of the National Agricultural Re21 search, Extension, and Teaching Policy Act of 1977 (7 

22 U.S.C. 3222b(b)) is amended by striking ‘‘2012’’ and in23 serting ‘‘2018’’. 


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1 SEC. 6113. GRANTS TO UPGRADE AGRICULTURE AND FOOD 

2 SCIENCE FACILITIES AND EQUIPMENT AT IN3 SULAR AREA LAND-GRANT INSTITUTIONS. 

4 (a) SUPPORTING TROPICAL AND SUBTROPICAL AGRI5 CULTURAL RESEARCH.— 

6 (1) IN GENERAL.—Section 1447B(a) of the Na7 tional Agricultural Research, Extension, and Teach8 ing Policy Act of 1977 (7 U.S.C. 3222b–2(a)) is 

9 amended to read as follows: 

10 ‘‘(a) PURPOSE.—It is the intent of Congress to assist 

11 the land-grant colleges and universities in the insular 

12 areas in efforts to— 

13 ‘‘(1) acquire, alter, or repair facilities or rel14 evant equipment necessary for conducting agricul15 tural research; and 

16 ‘‘(2) support tropical and subtropical agricul17 tural research, including pest and disease research.’’. 

18 (2) CONFORMING AMENDMENT.—Section 

19 1447B of the National Agricultural Research, Ex20 tension, and Teaching Policy Act of 1977 (7 U.S.C. 

21 3222b–2) is amended in the heading— 

22 (A) by inserting ‘‘AND SUPPORT TROP23 ICAL AND SUBTROPICAL AGRICULTURAL

24 RESEARCH’’ after ‘‘EQUIPMENT’’; and 

25 (B) by striking ‘‘INSTITUTIONS’’ and in26 serting ‘‘COLLEGES AND UNIVERSITIES’’. 


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1 (b) EXTENSION.—Section 1447B(d) of the National 

2 Agricultural Research, Extension, and Teaching Policy 

3 Act of 1977 (7 U.S.C. 3222b–2(d)) is amended by striking 

4 ‘‘2012’’ and inserting ‘‘2018’’. 

5 SEC. 6114. REPEAL OF NATIONAL RESEARCH AND TRAIN6 ING VIRTUAL CENTERS. 

7 Effective October 1, 2013, section 1448 of the Na8 tional Agricultural Research, Extension, and Teaching 

9 Policy Act of 1977 (7 U.S.C. 3222c) is repealed. 

10 SEC. 6115. HISPANIC-SERVING INSTITUTIONS. 

11 Section 1455(c) of the National Agricultural Re12 search, Extension, and Teaching Policy Act of 1977 (7 

13 U.S.C. 3241(c)) is amended by striking ‘‘2012’’ and in14 serting ‘‘2018’’. 

15 SEC. 6116. COMPETITIVE GRANTS PROGRAM FOR HISPANIC 

16 AGRICULTURAL WORKERS AND YOUTH. 

17 Section 1456(e)(1) of the National Agricultural Re18 search, Extension, and Teaching Policy Act of 1977 (7 

19 U.S.C. 3243(e)(1)) is amended to read as follows: 

20 ‘‘(1) IN GENERAL.—The Secretary shall estab21 lish a competitive grants program— 

22 ‘‘(A) to fund fundamental and applied re23 search and extension at Hispanic-serving agri24 cultural colleges and universities in agriculture, 


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1 human nutrition, food science, bioenergy, and 

2 environmental science; and 

3 ‘‘(B) to award competitive grants to His4 panic-serving agricultural colleges and univer5 sities to provide for training in the food and ag6 ricultural sciences of Hispanic agricultural 

7 workers and Hispanic youth working in the 

8 food and agricultural sciences.’’. 

9 SEC. 6117. COMPETITIVE GRANTS FOR INTERNATIONAL AG10 RICULTURAL SCIENCE AND EDUCATION PRO11 GRAMS. 

12 Section 1459A(c) of the National Agricultural Re13 search, Extension, and Teaching Policy Act of 1977 (7 

14 U.S.C. 3292b(c)) is amended to read as follows: 

15 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

16 are authorized to be appropriated to carry out this sec17 tion— 

18 ‘‘(1) such sums as are necessary for each of fis19 cal years 1999 through 2013; and 

20 ‘‘(2) $5,000,000 for each of fiscal years 2014 

21 through 2018.’’. 

22 SEC. 6118. REPEAL OF RESEARCH EQUIPMENT GRANTS. 

23 Effective October 1, 2013, section 1462A of the Na24 tional Agricultural Research, Extension, and Teaching 

25 Policy Act of 1977 (7 U.S.C. 3310a) is repealed. 


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1 SEC. 6119. UNIVERSITY RESEARCH. 

2 Section 1463 of the National Agricultural Research, 

3 Extension, and Teaching Policy Act of 1977 (7 U.S.C. 

4 3311) is amended in both of subsections (a) and (b) by 

5 striking ‘‘2012’’ and inserting ‘‘2018’’. 

6 SEC. 6120. EXTENSION SERVICE. 

7 Section 1464 of the National Agricultural Research, 

8 Extension, and Teaching Policy Act of 1977 (7 U.S.C. 

9 3312) is amended by striking ‘‘2012’’ and inserting 

10 ‘‘2018’’. 

11 SEC. 6121. AUDITING, REPORTING, BOOKKEEPING, AND AD12 MINISTRATIVE REQUIREMENTS. 

13 Section 1469 of the National Agricultural Research, 

14 Extension, and Teaching Policy Act of 1977 (7 U.S.C. 

15 3315) is amended— 

16 (1) in subsection (a)— 

17 (A) in paragraph (2), by adding ‘‘and’’ at 

18 the end; 

19 (B) by striking paragraph (3); and 

20 (C) by redesignating paragraph (4) as 

21 paragraph (3); 

22 (2) by redesignating subsections (b), (c), and 

23 (d) as subsections (d), (e), and (f), respectively; and 

24 (3) by inserting after subsection (a) the fol25 lowing new subsections: 

26 ‘‘(b) ADMINISTRATIVE EXPENSES.— 


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1 ‘‘(1) IN GENERAL.—Except as provided in para2 graph (2) and notwithstanding any other provision 

3 of law, the Secretary may retain not more than 4 

4 percent of amounts made available for agricultural 

5 research, extension, and teaching assistance pro6 grams for the administration of those programs au7 thorized under this Act or any other Act. 

8 ‘‘(2) EXCEPTIONS.—The limitation on adminis9 trative expenses under paragraph (1) shall not apply 

10 to peer panel expenses under subsection (d) or any 

11 other provision of law related to the administration 

12 of agricultural research, extension, and teaching as13 sistance programs that contains a limitation on ad14 ministrative expenses that is less than the limitation 

15 under paragraph (1). 

16 ‘‘(c) AGREEMENTS WITH NON-FEDERAL ENTI17 TIES.— 

18 ‘‘(1) FORMER AGRICULTURAL RESEARCH FA19 CILITIES OF THE DEPARTMENT.—To the maximum 

20 extent practicable, the Secretary, for purposes of 

21 supporting ongoing research and information dis22 semination activities, including supporting research 

23 and those activities through co-locating scientists 

24 and other technical personnel, sharing of laboratory 

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1 port, shall enter into grants, contracts, cooperative 

2 agreements, or other legal instruments with former 

3 Department of Agriculture agricultural research fa4 cilities. 

5 ‘‘(2) AGREEMENTS WITH AGRICULTURAL RE6 SEARCH ORGANIZATIONS.—The Secretary, for pur7 poses of receiving from a non-Federal agricultural 

8 research organization support for agricultural re9 search, including staffing, laboratory and field equip10 ment, or direct financial assistance, may enter into 

11 grants, contracts, cooperative agreements, or other 

12 legal instruments with a non-Federal agricultural re13 search organization, the operation of which is con14 sistent with the research mission and programs of 

15 an agricultural research facility of the Department 

16 of Agriculture.’’. 

17 SEC. 6122. SUPPLEMENTAL AND ALTERNATIVE CROPS. 

18 (a) AUTHORIZATION OF APPROPRIATIONS AND TER19 MINATION.—Section 1473D of the National Agricultural 

20 Research, Extension, and Teaching Policy Act of 1977 (7 

21 U.S.C. 3319d) is amended— 

22 (1) in subsection (a), by striking ‘‘2012’’ and 

23 inserting ‘‘2018’’; and 

24 (2) by adding at the end the following new sub25 section: 


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1 ‘‘(e) There are authorized to be appropriated to carry 

2 out this section— 

3 ‘‘(1) such sums as are necessary for fiscal year 

4 2013; and 

5 ‘‘(2) $1,000,000 for each of fiscal years 2014 

6 through 2018.’’. 

7 (b) COMPETITIVE GRANTS.—Section 1473D(c)(1) of 

8 the National Agricultural Research, Extension, and 

9 Teaching Policy Act of 1977 (7 U.S.C. 3319d(c)(1)) is 

10 amended by striking ‘‘use such research funding, special 

11 or competitive grants, or other means, as the Secretary 

12 determines,’’ and inserting ‘‘make competitive grants’’. 

13 SEC. 6123. CAPACITY BUILDING GRANTS FOR NLGCA INSTI14 TUTIONS. 

15 Section 1473F(b) of the National Agricultural Re16 search, Extension, and Teaching Policy Act of 1977 (7 

17 U.S.C. 3319i(b)) is amended by striking ‘‘2012’’ and in18 serting ‘‘2018’’. 

19 SEC. 6124. AQUACULTURE ASSISTANCE PROGRAMS. 

20 (a) COMPETITIVE GRANTS.—Section 1475(b) of the 

21 National Agricultural Research, Extension, and Teaching 

22 Policy Act of 1977 (7 U.S.C. 3322(b)) is amended in the 

23 matter preceding paragraph (1), by inserting ‘‘competi24 tive’’ before ‘‘grants’’. 


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1 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

2 1477 of the National Agricultural Research, Extension, 

3 and Teaching Policy Act of 1977 (7 U.S.C. 3324) is 

4 amended to read as follows: 

5 ‘‘SEC. 1477. AUTHORIZATION OF APPROPRIATIONS. 

6 ‘‘(a) IN GENERAL.—There are authorized to be ap7 propriated to carry out this subtitle— 

8 ‘‘(1) $7,500,000 for each of fiscal years 1991 

9 through 2013; and 

10 ‘‘(2) $5,000,000 for each of fiscal years 2014 

11 through 2018. 

12 ‘‘(b) PROHIBITION ON USE.—Funds made available 

13 under this section may not be used to acquire or construct 

14 a building.’’. 

15 SEC. 6125. RANGELAND RESEARCH PROGRAMS. 

16 Section 1483(a) of the National Agricultural Re17 search, Extension, and Teaching Policy Act of 1977 (7 

18 U.S.C. 3336(a)) is amended by striking ‘‘subtitle’’ and all 

19 that follows and inserting the following: ‘‘subtitle— 

20 ‘‘(1) $10,000,000 for each of fiscal years 1991 

21 through 2013; and 

22 ‘‘(2) $2,000,000 for each of fiscal years 2014 

23 through 2018.’’. 


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1 SEC. 6126. SPECIAL AUTHORIZATION FOR BIOSECURITY 

2 PLANNING AND RESPONSE. 

3 Section 1484(a) of the National Agricultural Re4 search, Extension, and Teaching Policy Act of 1977 (7 

5 U.S.C. 3351(a)) is amended by striking ‘‘response such 

6 sums as are necessary’’ and all that follows and inserting 

7 the following: ‘‘response— 

8 ‘‘(1) such sums as are necessary for each of fis9 cal years 2002 through 2013; and 

10 ‘‘(2) $10,000,000 for each of fiscal years 2014 

11 through 2018.’’. 

12 SEC. 6127. DISTANCE EDUCATION AND RESIDENT INSTRUC13 TION GRANTS PROGRAM FOR INSULAR AREA 

14 INSTITUTIONS OF HIGHER EDUCATION. 

15 (a) DISTANCE EDUCATION GRANTS FOR INSULAR

16 AREAS.— 

17 (1) COMPETITIVE GRANTS.—Section 1490(a) of 

18 the National Agricultural Research, Extension, and 

19 Teaching Policy Act of 1977 (7 U.S.C. 3362(a)) is 

20 amended by striking ‘‘or noncompetitive’’. 

21 (2) AUTHORIZATION OF APPROPRIATIONS.— 

22 Section 1490(f) of the National Agricultural Re23 search, Extension, and Teaching Policy Act of 1977 

24 (7 U.S.C. 3362(f)) is amended by striking ‘‘section’’ 

25 and all that follows and inserting the following: ‘‘sec26 tion— 


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1 ‘‘(1) such sums as are necessary for each of fis2 cal years 2002 through 2013; and 

3 ‘‘(2) $2,000,000 for each of fiscal years 2014 

4 through 2018.’’. 

5 (b) RESIDENT INSTRUCTION GRANTS FOR INSULAR

6 AREAS.—Section 1491(c) of the National Agricultural Re7 search, Extension, and Teaching Policy Act of 1977 (7 

8 U.S.C. 3363(c)) is amended by striking ‘‘such sums as 

9 are necessary’’ and all that follows and inserting the fol10 lowing: ‘‘to carry out this section— 

11 ‘‘(1) such sums as are necessary for each of fis12 cal years 2002 through 2013; and 

13 ‘‘(2) $2,000,000 for each of fiscal years 2014 

14 through 2018.’’. 

15 SEC. 6128. MATCHING FUNDS REQUIREMENT. 

16 (a) IN GENERAL.—The National Agricultural Re17 search, Extension, and Teaching Policy Act of 1977 (7 

18 U.S.C. 3101 et seq.) is amended by adding at the end 

19 the following new subtitle: 

20 ‘‘Subtitle P—General Provisions 

21 ‘‘SEC. 1492. MATCHING FUNDS REQUIREMENT. 

22 ‘‘(a) IN GENERAL.—The recipient of a competitive 

23 grant that is awarded by the Secretary under a covered 

24 law shall provide funds, in-kind contributions, or a com25 bination of both, from sources other than funds provided 


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1 through such grant in an amount at least equal to the 

2 amount of such grant. 

3 ‘‘(b) EXCEPTION.—The matching funds requirement 

4 under subsection (a) shall not apply to grants awarded— 

5 ‘‘(1) to a research agency of the Department of 

6 Agriculture; or 

7 ‘‘(2) to an entity eligible to receive funds under 

8 a capacity and infrastructure program (as defined in 

9 section 251(f)(1)(C) of the Department of Agri10 culture Reorganization Act of 1994 (7 U.S.C. 

11 6971(f)(1)(C))), including a partner of such entity. 

12 ‘‘(c) COVERED LAW.—In this section, the term ‘cov13 ered law’ means each of the following provisions of law: 

14 ‘‘(1) This title. 

15 ‘‘(2) Title XVI of the Food, Agriculture, Con16 servation, and Trade Act of 1990 (7 U.S.C. 5801 et 

17 seq.). 

18 ‘‘(3) The Agricultural Research, Extension, and 

19 Education Reform Act of 1998 (7 U.S.C. 7601 et 

20 seq.). 

21 ‘‘(4) Part III of subtitle E of title VII of the 

22 Food, Conservation, and Energy Act of 2008 (7 

23 U.S.C. 3202 et seq.). 

24 ‘‘(5) The Competitive, Special, and Facilities 

25 Research Grant Act (7 U.S.C. 450i).’’. 


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1 (b) CONFORMING AMENDMENT.—Paragraph (9) of 

2 subsection (b) of the Competitive, Special, and Facilities 

3 Research Grant Act (7 U.S.C. 450i(b)) is amended— 

4 (1) by striking subparagraph (B); 

5 (2) in the heading, by inserting ‘‘FOR EQUIP6 MENT GRANTS’’ after ‘‘FUNDS’’; 

7 (3) by striking ‘‘(A) EQUIPMENT GRANTS.—’’; 

8 and 

9 (4) by redesignating clauses (i) and (ii) as sub10 paragraphs (A) and (B), respectively, and moving 

11 the margins of such subparagraphs two ems to the 

12 left. 

13 (c) APPLICATION TO AMENDMENTS.— 

14 (1) NEW GRANTS.—Section 1492 of the Na15 tional Agricultural, Research, Extension, and Teach16 ing Policy Act of 1977, as added by subsection (a), 

17 shall apply with respect to grants described in such 

18 section awarded after October 1, 2013, unless the 

19 provision of a covered law under which such grants 

20 are awarded specifically exempts such grants from 

21 the matching funds requirement under such section. 

22 (2) EXISTING GRANTS.—A matching funds re23 quirement in effect on or before October 1, 2013, 

24 under a covered law shall continue to apply to a 


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1 grant awarded under such provision of law on or be2 fore that date. 

3 SEC. 6129. SENSE OF CONGRESS REGARDING EXPANSION 

4 OF THE LAND GRANT PROGRAM TO INCLUDE 

5 ENHANCED FUNDING AND ADDITIONAL IN6 STITUTIONS. 

7 It is the sense of the Congress that— 

8 (1) institutions of higher education designated 

9 under the Act of August 30, 1890 (commonly 

10 known, and referred to in this section, as the ‘‘Sec11 ond Morrill Act’’; 7 U.S.C. 321 et seq.) have played 

12 an integral role in the education and advancement of 

13 agriculture and mechanic arts for over a century; 

14 (2) in addition to those institutions, a number 

15 of colleges and universities have fulfilled similar and 

16 parallel missions in successfully training and grad17 uating generations of students who have gone on to 

18 be leaders in their field; 

19 (3) the colleges and universities, both with and 

20 without designation under the Second Morrill Act, 

21 fulfill a vital role to the future of industry, opportu22 nities for increased job creation, and the strength of 

23 agriculture in the United States; 

24 (4) Congress must ensure that the United 

25 States’ higher education framework and policies 


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1 meet the needs of young individuals in the United 

2 States, and that students from across the country 

3 are able to choose from a variety of institutions and 

4 programs that will equip them with the skills and 

5 training necessary to achieve their individual goals; 

6 and 

7 (5) as Congress and the agricultural community 

8 generally consider policies and approaches to im9 prove research, extension, and education in the agri10 cultural sciences, expansion of the land grant pro11 gram under the Second Morrill Act to include en12 hanced funding and additional institutions should be 

13 considered. 

14 Subtitle B—Food, Agriculture, Con15 servation, and Trade Act of 1990 

16 SEC. 6201. BEST UTILIZATION OF BIOLOGICAL APPLICA17 TIONS. 

18 Section 1624 of the Food, Agriculture, Conservation, 

19 and Trade Act of 1990 (7 U.S.C. 5814) is amended in 

20 the first sentence— 

21 (1) by striking ‘‘$40,000,000 for each fiscal 

22 year’’; and 

23 (2) by inserting ‘‘$40,000,000 for each of fiscal 

24 years 2013 through 2018’’ after ‘‘chapter’’. 


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1 SEC. 6202. INTEGRATED MANAGEMENT SYSTEMS. 

2 Section 1627(d) of the Food, Agriculture, Conserva3 tion, and Trade Act of 1990 (7 U.S.C. 5821(d)) is amend4 ed to read as follows: 

5 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

6 are authorized to be appropriated to carry out this section 

7 through the National Institute of Food and Agriculture 

8 $20,000,000 for each of fiscal years 2013 through 2018.’’. 

9 SEC. 6203. SUSTAINABLE AGRICULTURE TECHNOLOGY DE10 VELOPMENT AND TRANSFER PROGRAM. 

11 Section 1628(f) of the Food, Agriculture, Conserva12 tion, and Trade Act of 1990 (7 U.S.C. 5831(f)) is amend13 ed to read as follows: 

14 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

15 are authorized to be appropriated to carry out this sec16 tion— 

17 ‘‘(1) such sums as are necessary for fiscal year 

18 2013; and 

19 ‘‘(2) $5,000,000 for each of fiscal years 2014 

20 through 2018.’’. 

21 SEC. 6204. NATIONAL TRAINING PROGRAM. 

22 Section 1629(i) of the Food, Agriculture, Conserva23 tion, and Trade Act of 1990 (7 U.S.C. 5832(i)) is amend24 ed to read as follows: 

25 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There 

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1 tional Training Program $20,000,000 for each of fiscal 

2 years 2013 through 2018.’’. 

3 SEC. 6205. NATIONAL GENETICS RESOURCES PROGRAM. 

4 Section 1635(b) of the Food, Agriculture, Conserva5 tion, and Trade Act of 1990 (7 U.S.C. 5844(b)) is amend6 ed— 

7 (1) by striking ‘‘such funds as may be nec8 essary’’; and 

9 (2) by striking ‘‘subtitle’’ and all that follows 

10 and inserting the following: ‘‘subtitle— 

11 ‘‘(1) such sums as are necessary for each of fis12 cal years 1991 through 2013; and 

13 ‘‘(2) $1,000,000 for each of fiscal years 2014 

14 through 2018.’’. 

15 SEC. 6206. REPEAL OF NATIONAL AGRICULTURAL WEATH16 ER INFORMATION SYSTEM. 

17 Effective October 1, 2013, subtitle D of title XVI of 

18 the Food, Agriculture, Conservation, and Trade Act of 

19 1990 (7 U.S.C. 5851 et seq.) is repealed. 

20 SEC. 6207. REPEAL OF RURAL ELECTRONIC COMMERCE EX21 TENSION PROGRAM. 

22 Effective October 1, 2013, section 1670 of the Food, 

23 Agriculture, Conservation, and Trade Act of 1990 (7 

24 U.S.C. 5923) is repealed. 


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1 SEC. 6208. REPEAL OF AGRICULTURAL GENOME INITIA2 TIVE. 

3 Effective October 1, 2013, section 1671 of the Food, 

4 Agriculture, Conservation, and Trade Act of 1990 (7 

5 U.S.C. 5924) is repealed. 

6 SEC. 6209. HIGH-PRIORITY RESEARCH AND EXTENSION INI7 TIATIVES. 

8 Section 1672 of the Food, Agriculture, Conservation, 

9 and Trade Act of 1990 (7 U.S.C. 5925) is amended— 

10 (1) in the first sentence of subsection (a), by 

11 striking ‘‘subsections (e) through (i)’’ and inserting 

12 ‘‘subsections (e), (f), and (g)’’; 

13 (2) in subsection (b)(2), in the first sentence, 

14 by striking ‘‘subsections (e) through (i)’’ and insert15 ing ‘‘ ‘subsections (e), (f), and (g)’ ’’; 

16 (3) by striking subsections (e), (f), and (i); 

17 (4) by redesignating subsections (g), (h), and 

18 (j) as subsections (e), (f), and (h), respectively; 

19 (5) in subsection (f) (as redesignated by para20 graph (4))— 

21 (A) by striking ‘‘2012’’ each place it ap22 pears in paragraphs (1)(B), (2)(B), and (3) 

23 and inserting ‘‘2018’’; and 

24 (B) in paragraph (4)— 


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1 (i) in subparagraph (A), by inserting 

2 ‘‘and honey bee health disorders’’ after 

3 ‘‘collapse’’; and 

4 (ii) in subparagraph (B), by inserting 

5 ‘‘, including best management practices’’ 

6 after ‘‘strategies’’; 

7 (6) by inserting after subsection (f) (as redesig8 nated by paragraph (4)) the following new sub9 section: 

10 ‘‘(g) COFFEE PLANT HEALTH INITIATIVE.— 

11 ‘‘(1) ESTABLISHMENT.—The Secretary shall es12 tablish a coffee plant health initiative to address the 

13 critical needs of the coffee industry by— 

14 ‘‘(A) developing and disseminating science15 based tools and treatments to combat the coffee 

16 berry borer (Hypothenemus hampei); and 

17 ‘‘(B) establishing an area-wide integrated 

18 pest management program in areas affected by, 

19 or areas at risk of, being affected by the coffee 

20 berry borer. 

21 ‘‘(2) ELIGIBLE ENTITIES.—The Secretary may 

22 carry out the coffee plant health initiative through— 

23 ‘‘(A) Federal agencies, including the Agri24 cultural Research Service and the National In25 stitute of Food and Agriculture; 


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1 ‘‘(B) National Laboratories; 

2 ‘‘(C) institutions of higher education; 

3 ‘‘(D) research institutions or organizations; 

4 ‘‘(E) private organizations or corporations; 

5 ‘‘(F) State agricultural experiment sta6 tions; 

7 ‘‘(G) individuals; or 

8 ‘‘(H) groups consisting of 2 or more enti9 ties or individuals described in subparagraphs 

10 (A) through (G). 

11 ‘‘(3) PROJECT GRANTS AND COOPERATIVE

12 AGREEMENTS.—In carrying out this subsection, the 

13 Secretary shall— 

14 ‘‘(A) enter into cooperative agreements 

15 with eligible entities, as appropriate; and 

16 ‘‘(B) award grants on a competitive basis. 

17 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— 

18 There is authorized to be appropriated to carry out 

19 this subsection $2,000,000 for each of fiscal years 

20 2014 through 2018.’’; and 

21 (7) in subsection (h) (as redesignated by para22 graph (4)), by striking ‘‘2012’’ and inserting 

23 ‘‘2018’’. 


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1 SEC. 6210. REPEAL OF NUTRIENT MANAGEMENT RESEARCH 

2 AND EXTENSION INITIATIVE. 

3 Effective October 1, 2013, section 1672A of the 

4 Food, Agriculture, Conservation, and Trade Act of 1990 

5 (7 U.S.C. 5925a) is repealed. 

6 SEC. 6211. ORGANIC AGRICULTURE RESEARCH AND EXTEN7 SION INITIATIVE. 

8 Section 1672B of the Food, Agriculture, Conserva9 tion, and Trade Act of 1990 (7 U.S.C. 5925b) is amend10 ed— 

11 (1) by striking subsection (e) and inserting the 

12 following new subsection: 

13 ‘‘(e) FARM BUSINESS MANAGEMENT ENCOUR14 AGED.—Following the completion of a peer review process 

15 for grant proposals received under this section, the Sec16 retary shall give a priority to grant proposals found in the 

17 review process to be scientifically meritorious using the 

18 same criteria the Secretary uses to give priority to grants 

19 under section 1672D(b).’’; and 

20 (2) in subsection (f)— 

21 (A) in paragraph (1)— 

22 (i) in the heading of such paragraph, 

23 by striking ‘‘2012’’ and inserting ‘‘2018’’; 

24 (ii) in subparagraph (A), by striking 

25 ‘‘and’’ at the end; 


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1 (iii) in subparagraph (B), by striking 

2 the period at the end and inserting ‘‘; 

3 and’’; and 

4 (iv) by adding at the end the following 

5 new subparagraph: 

6 ‘‘(C) $20,000,000 for each of fiscal years 

7 2014 through 2018.’’; and 

8 (B) in paragraph (2)— 

9 (i) in the heading of such paragraph, 

10 by striking ‘‘2009 THROUGH 2012’’ and in11 serting ‘‘2014 THROUGH 2018’’; and 

12 (ii) by striking ‘‘2009 through 2012’’ 

13 and inserting ‘‘2014 through 2018’’. 

14 SEC. 6212. REPEAL OF AGRICULTURAL BIOENERGY FEED15 STOCK AND ENERGY EFFICIENCY RESEARCH 

16 AND EXTENSION INITIATIVE. 

17 (a) REPEAL.—Effective October 1, 2013, section 

18 1672C of the Food, Agriculture, Conservation, and Trade 

19 Act of 1990 (7 U.S.C. 5925e) is repealed. 

20 (b) CONFORMING AMENDMENT.—Section 

21 251(f)(1)(D) of the Department of Agriculture Reorga22 nization Act of 1994 (7 U.S.C. 6971(f)(1)(D)) is amend23 ed— 

24 (1) by striking clause (xi); and 


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1 (2) by redesignating clauses (xii) and (xiii) as 

2 clauses (xi) and (xii), respectively. 

3 SEC. 6213. FARM BUSINESS MANAGEMENT. 

4 Section 1672D(d) of the Food, Agriculture, Con5 servation, and Trade Act of 1990 (7 U.S.C. 5925f(d)) is 

6 amended by striking ‘‘such sums as are necessary to carry 

7 out this section.’’ and inserting the following: ‘‘to carry 

8 out this section— 

9 ‘‘(1) such sums as are necessary for fiscal year 

10 2013; and 

11 ‘‘(2) $5,000,000 for each of fiscal years 2014 

12 through 2018.’’. 

13 SEC. 6214. CENTERS OF EXCELLENCE. 

14 The Food, Agriculture, Conservation, and Trade Act 

15 of 1990 is amended by inserting after section 1672D (7 

16 U.S.C. 5925f) the following new section: 

17 ‘‘SEC. 1673. CENTERS OF EXCELLENCE. 

18 ‘‘(a) FUNDING PRIORITIES.—The Secretary shall 

19 prioritize centers of excellence established for specific agri20 cultural commodities for the receipt of funding for any 

21 competitive research or extension program administered 

22 by the Secretary. 

23 ‘‘(b) COMPOSITION.—A center of excellence is com24 posed of 1 or more of the eligible entities specified in sub25 section (b)(7) of the Competitive, Special, and Facilities 


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1 Research Grant Act (7 U.S.C. 450i(b)(7)) that provide fi2 nancial or in-kind support to the center of excellence. 

3 ‘‘(c) CRITERIA FOR CENTERS OF EXCELLENCE.— 

4 ‘‘(1) REQUIRED EFFORTS.—The criteria for 

5 consideration to be recognized as a center of excel6 lence shall include efforts— 

7 ‘‘(A) to ensure coordination and cost effec8 tiveness by reducing unnecessarily duplicative 

9 efforts regarding research, teaching, and exten10 sion; 

11 ‘‘(B) to leverage available resources by 

12 using public/private partnerships among agri13 cultural industry groups, institutions of higher 

14 education, and the Federal Government; 

15 ‘‘(C) to implement teaching initiatives to 

16 increase awareness and effectively disseminate 

17 solutions to target audiences through extension 

18 activities; and 

19 ‘‘(D) to increase the economic returns to 

20 rural communities by identifying, attracting, 

21 and directing funds to high-priority agricultural 

22 issues. 

23 ‘‘(2) ADDITIONAL EFFORTS.—Where prac24 ticable, the criteria for consideration to be recog25 nized as a center of excellence shall include efforts 


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1 to improve teaching capacity and infrastructure at 

2 colleges and universities (including land-grant insti3 tutions, schools of forestry, schools of veterinary 

4 medicine, and NLGCA Institutions).’’. 

5 SEC. 6215. REPEAL OF RED MEAT SAFETY RESEARCH CEN6 TER. 

7 Effective October 1, 2013, section 1676 of the Food, 

8 Agriculture, Conservation, and Trade Act of 1990 (7 

9 U.S.C. 5929) is repealed. 

10 SEC. 6216. ASSISTIVE TECHNOLOGY PROGRAM FOR FARM11 ERS WITH DISABILITIES. 

12 Section 1680(c)(1) of the Food, Agriculture, Con13 servation, and Trade Act of 1990 (7 U.S.C. 5933(c)(1)) 

14 is amended— 

15 (1) by striking ‘‘is’’ and inserting ‘‘are’’; and 

16 (2) by striking ‘‘section’’ and all that follows 

17 and inserting the following: ‘‘section— 

18 ‘‘(A) $6,000,000 for each of fiscal years 

19 1999 through 2013; and 

20 ‘‘(B) $3,000,000 for each of fiscal years 

21 2014 through 2018.’’. 


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1 SEC. 6217. NATIONAL RURAL INFORMATION CENTER 

2 CLEARINGHOUSE. 

3 Section 2381(e) of the Food, Agriculture, Conserva4 tion, and Trade Act of 1990 (7 U.S.C. 3125b(e)) is 

5 amended by striking ‘‘2012’’ and inserting ‘‘2018’’. 

6 Subtitle C—Agricultural Research, 

7 Extension, and Education Re8 form Act of 1998 

9 SEC. 6301. RELEVANCE AND MERIT OF AGRICULTURAL RE10 SEARCH, EXTENSION, AND EDUCATION FUND11 ED BY THE DEPARTMENT. 

12 Section 103(a)(2) of the Agricultural Research, Ex13 tension, and Education Reform Act of 1998 (7 U.S.C. 

14 7613(a)(2)) is amended— 

15 (1) in the heading by striking ‘‘MERIT REVIEW

16 OF EXTENSION’’ and inserting ‘‘RELEVANCE AND

17 MERIT REVIEW OF RESEARCH, EXTENSION,’’; 

18 (2) in subparagraph (A)— 

19 (A) by inserting ‘‘relevance and’’ before 

20 ‘‘merit’’; and 

21 (B) by striking ‘‘extension or education’’ 

22 and inserting ‘‘research, extension, or edu23 cation’’; and 

24 (3) in subparagraph (B), by inserting ‘‘on a 

25 continuous basis’’ after ‘‘procedures’’. 


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1 SEC. 6302. INTEGRATED RESEARCH, EDUCATION, AND EX2 TENSION COMPETITIVE GRANTS PROGRAM. 

3 Section 406(f) of the Agricultural Research, Exten4 sion, and Education Reform Act of 1998 (7 U.S.C. 

5 7626(f)) is amended by striking ‘‘2012’’ and inserting 

6 ‘‘2018’’. 

7 SEC. 6303. REPEAL OF COORDINATED PROGRAM OF RE8 SEARCH, EXTENSION, AND EDUCATION TO IM9 PROVE VIABILITY OF SMALL AND MEDIUM 

10 SIZE DAIRY, LIVESTOCK, AND POULTRY OP11 ERATIONS. 

12 (a) REPEAL.—Effective October 1, 2013, section 407 

13 of the Agricultural Research, Extension, and Education 

14 Reform Act of 1998 (7 U.S.C. 7627) is repealed. 

15 (b) CONFORMING AMENDMENT.—Section 

16 251(f)(1)(D) of the Department of Agriculture Reorga17 nization Act of 1994 (7 U.S.C. 6971(f)(1)(D)), as amend18 ed by section 6212(b), is further amended— 

19 (1) by striking clause (xi) (as redesignated by 

20 section 6212(b)); and 

21 (2) by redesignating clause (xii) (as redesig22 nated by section 6212(b)) as clause (xi). 

23 SEC. 6304. FUSARIUM GRAMINEARUM GRANTS. 

24 Section 408(e) of the Agricultural Research, Exten25 sion, and Education Reform Act of 1998 (7 U.S.C. 

26 7628(e)) is amended to read as follows: 


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1 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to carry out this sec3 tion— 

4 ‘‘(1) such sums as may be necessary for each 

5 of fiscal years 1999 through 2013; and 

6 ‘‘(2) $7,500,000 for each of fiscal years 2014 

7 through 2018.’’. 

8 SEC. 6305. REPEAL OF BOVINE JOHNE’S DISEASE CONTROL 

9 PROGRAM. 

10 Effective October 1, 2013, section 409 of the Agricul11 tural Research, Extension, and Education Reform Act of 

12 1998 (7 U.S.C. 7629) is repealed. 

13 SEC. 6306. GRANTS FOR YOUTH ORGANIZATIONS. 

14 Section 410(d) of the Agricultural Research, Exten15 sion, and Education Reform Act of 1998 (7 U.S.C. 

16 7630(d)) is amended by striking ‘‘section such sums as 

17 are necessary’’ and all that follows and inserting the fol18 lowing: ‘‘section— 

19 ‘‘(1) such sums as are necessary for each of fis20 cal years 2008 through 2013; and 

21 ‘‘(2) $3,000,000 for each of fiscal years 2014 

22 through 2018.’’. 


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1 SEC. 6307. SPECIALTY CROP RESEARCH INITIATIVE. 

2 Section 412 of the Agricultural Research, Extension, 

3 and Education Reform Act of 1998 (7 U.S.C. 7632) is 

4 amended— 

5 (1) in subsection (b)— 

6 (A) in paragraph (1), by striking ‘‘and 

7 genomics’’ and inserting ‘‘genomics, and other 

8 methods’’; and 

9 (B) in paragraph (3), by inserting ‘‘han10 dling and processing,’’ after ‘‘production effi11 ciency,’’; 

12 (2) by striking subsection (d) and inserting the 

13 following new subsection: 

14 ‘‘(d) RESEARCH PROJECTS.—In carrying out this 

15 section, the Secretary shall award competitive grants on 

16 the basis of— 

17 ‘‘(1) an initial scientific peer review conducted 

18 by a panel of subject matter experts from Federal 

19 agencies, non-Federal entities, and the specialty crop 

20 industry; and 

21 ‘‘(2) a final funding determination made by the 

22 Secretary based on a review and ranking for merit, 

23 relevance, and impact conducted by a panel of spe24 cialty crop industry representatives for the specific 

25 specialty crop.’’; and 

26 (3) in subsection (h)— 


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1 (A) in paragraph (1)— 

2 (i) by striking ‘‘(1) MANDATORY

3 FUNDING FOR FISCAL YEARS 2008

4 THROUGH 2012.—Of the funds’’ and insert5 ing the following: 

6 ‘‘(1) MANDATORY FUNDING.— 

7 ‘‘(A) FISCAL YEARS 2008 THROUGH 2012.— 

8 Of the funds’’; and 

9 (ii) by adding at the end the following 

10 new subparagraph: 

11 ‘‘(B) SUBSEQUENT FUNDING.—Of the 

12 funds of the Commodity Credit Corporation, the 

13 Secretary shall make available to carry out this 

14 section— 

15 ‘‘(i) $50,000,000 for fiscal years 2014 

16 and 2015; 

17 ‘‘(ii) $55,000,000 for fiscal years 

18 2016 and 2017; and 

19 ‘‘(iii) $65,000,000 for fiscal year 2018 

20 and each fiscal year thereafter.’’; and 

21 (B) in paragraph (2)— 

22 (i) in the heading, by striking ‘‘2008 

23 Through 2012’’ and inserting ‘‘2014 

24 Through 2018’’; and 


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1 (ii) by striking ‘‘2008 through 2012’’ 

2 and inserting ‘‘2014 through 2018’’. 

3 SEC. 6308. FOOD ANIMAL RESIDUE AVOIDANCE DATABASE 

4 PROGRAM. 

5 Section 604(e) of the Agricultural Research, Exten6 sion, and Education Reform Act of 1998 (7 U.S.C. 

7 7642(e)) is amended by striking ‘‘2012’’ and inserting 

8 ‘‘2018’’. 

9 SEC. 6309. REPEAL OF NATIONAL SWINE RESEARCH CEN10 TER. 

11 Effective October 1, 2013, section 612 of the Agricul12 tural Research, Extension, and Education Reform Act of 

13 1998 (Public Law 105–185; 112 Stat. 605) is repealed. 

14 SEC. 6310. OFFICE OF PEST MANAGEMENT POLICY. 

15 Section 614(f) of the Agricultural Research, Exten16 sion, and Education Reform Act of 1998 (7 U.S.C. 

17 7653(f)) is amended— 

18 (1) by striking ‘‘such sums as are necessary’’; 

19 and 

20 (2) by striking ‘‘section’’ and all that follows 

21 and inserting the following: ‘‘section— 

22 ‘‘(1) such sums as are necessary for each of fis23 cal years 1999 through 2013; and 

24 ‘‘(2) $3,000,000 for each of fiscal years 2014 

25 through 2018.’’. 


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1 SEC. 6311. REPEAL OF STUDIES OF AGRICULTURAL RE2 SEARCH, EXTENSION, AND EDUCATION. 

3 Effective October 1, 2013, subtitle C of title VI of 

4 the Agricultural Research, Extension, and Education Re5 form Act of 1998 (7 U.S.C. 7671 et seq.) is repealed. 

6 Subtitle D—Other Laws 

7 SEC. 6401. CRITICAL AGRICULTURAL MATERIALS ACT. 

8 Section 16(a) of the Critical Agricultural Materials 

9 Act (7 U.S.C. 178n(a)) is amended— 

10 (1) by striking ‘‘such sums as are necessary’’; 

11 and 

12 (2) by striking ‘‘Act’’ and all that follows and 

13 inserting the following: ‘‘Act— 

14 ‘‘(1) such sums as are necessary for each of fis15 cal years 1991 through 2013; and 

16 ‘‘(2) $2,000,000 for each of fiscal years 2014 

17 through 2018.’’. 

18 SEC. 6402. EQUITY IN EDUCATIONAL LAND-GRANT STATUS 

19 ACT OF 1994. 

20 (a) DEFINITION OF 1994 INSTITUTIONS.—Section 

21 532 of the Equity in Educational Land-Grant Status Act 

22 of 1994 (7 U.S.C. 301 note; Public Law 103–382) is 

23 amended— 

24 (1) in paragraph (8), by striking ‘‘Memorial’’; 

25 (2) in paragraph (26), by striking ‘‘Commu26 nity’’; 


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1 (3) by striking paragraphs (5), (10), and (27); 

2 (4) by redesignating paragraphs (1), (2), (3), 

3 (4), (6), (7), (8), (9), (14), (15), (16), (17), (18), 

4 (19), (20), (21), (22), (23), (24), (25), (26), (28), 

5 (29), (30), (31), (32), (33), and (34) as paragraphs 

6 (2), (3), (4), (7), (8), (9), (5), (10), (15), (17), (18), 

7 (19), (20), (22), (23), (24), (25), (32), (26), (27), 

8 (28), (29), (30), (31), (33), (34), (35), and (14), re9 spectively, and transferring the paragraphs so as to 

10 appear in numerical order; 

11 (5) by inserting before paragraph (2) (as so re12 designated), the following new paragraph: 

13 ‘‘(1) Aaniih Nakoda College.’’; 

14 (6) by inserting after paragraph (5) (as so re15 designated), the following new paragraph: 

16 ‘‘(6) College of the Muscogee Nation.’’; 

17 (7) by inserting after paragraph (15) (as so re18 designated) the following new paragraph: 

19 ‘‘(16) Keweenaw Bay Ojibwa Community Col20 lege.’’; and 

21 (8) by inserting after paragraph (20) (as so re22 designated) the following new paragraph: 

23 ‘‘(21) Navajo Technical College.’’. 

24 (b) ENDOWMENT FOR 1994 INSTITUTIONS.—Section 

25 533(b) of the Equity in Educational Land-Grant Status 


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1 Act of 1994 (7 U.S.C. 301 note; Public Law 103–382) 

2 is amended in the first sentence by striking ‘‘2012’’ and 

3 inserting ‘‘2018’’. 

4 (c) INSTITUTIONAL CAPACITY BUILDING GRANTS.— 

5 Section 535 of the Equity in Educational Land-Grant Sta6 tus Act of 1994 (7 U.S.C. 301 note; Public Law 103– 

7 382) is amended by striking ‘‘2012’’ each place it appears 

8 in subsections (b)(1) and (c) and inserting ‘‘2018’’. 

9 (d) RESEARCH GRANTS.— 

10 (1) AUTHORIZATION OF APPROPRIATIONS.— 

11 Section 536(c) of the Equity in Educational Land12 Grant Status Act of 1994 (7 U.S.C. 301 note; Pub13 lic Law 103–382) is amended in the first sentence 

14 by striking ‘‘2012’’ and inserting ‘‘2018’’. 

15 (2) RESEARCH GRANT REQUIREMENTS.—Sec16 tion 536(b) of the Equity in Educational Land17 Grant Status Act of 1994 (7 U.S.C. 301 note; Pub18 lic Law 103–382) is amended by striking ‘‘with at 

19 least 1 other land-grant college or university’’ and 

20 all that follows and inserting the following: ‘‘with— 

21 ‘‘(1) the Agricultural Research Service of the 

22 Department of Agriculture; or 

23 ‘‘(2) at least 1— 

24 ‘‘(A) other land-grant college or university 

25 (exclusive of another 1994 Institution); 


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1 ‘‘(B) non-land-grant college of agriculture 

2 (as defined in section 1404 of the National Ag3 ricultural Research, Extension, and Teaching 

4 Policy Act of 1977 (7 U.S.C. 3103)); or 

5 ‘‘(C) cooperating forestry school (as de6 fined in that section).’’. 

7 SEC. 6403. RESEARCH FACILITIES ACT. 

8 Section 6(a) of the Research Facilities Act (7 U.S.C. 

9 390d(a)) is amended by striking ‘‘2012’’ and inserting 

10 ‘‘2018’’. 

11 SEC. 6404. REPEAL OF CARBON CYCLE RESEARCH. 

12 Effective October 1, 2013, section 221 of the Agricul13 tural Risk Protection Act of 2000 (7 U.S.C. 6711) is re14 pealed. 

15 SEC. 6405. COMPETITIVE, SPECIAL, AND FACILITIES RE16 SEARCH GRANT ACT. 

17 (a) EXTENSION.—Subsection (b)(11)(A) of the Com18 petitive, Special, and Facilities Research Grant Act (7 

19 U.S.C. 450i(b)(11)(A)) is amended in the matter pre20 ceding clause (i) by striking ‘‘2012’’ and inserting ‘‘2018’’. 

21 (b) PRIORITY AREAS.—Subsection (b)(2) of the Com22 petitive, Special, and Facilities Research Grant Act (7 

23 U.S.C. 450i(b)(2)) is amended— 

24 (1) in subparagraph (A)— 


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1 (A) in clause (vi), by striking ‘‘and’’ at the 

2 end; 

3 (B) in clause (vii), by striking the period 

4 at the end and inserting ‘‘; and’’; and 

5 (C) by adding at the end the following new 

6 clause: 

7 ‘‘(viii) plant-based foods that are 

8 major sources of nutrients of concern (as 

9 determined by the Secretary).’’; 

10 (2) in subparagraph (B)— 

11 (A) in clause (vii), by striking ‘‘and’’ at the 

12 end; 

13 (B) in clause (viii), by striking the period 

14 at the end and inserting a semicolon; and 

15 (C) by adding at the end the following new 

16 clauses: 

17 ‘‘(ix) the research and development of 

18 surveillance methods, vaccines, vaccination 

19 delivery systems, or diagnostic tests for 

20 pests and diseases (especially zoonotic dis21 eases) in wildlife reservoirs presenting a 

22 potential concern to public health or do23 mestic livestock and pests and diseases in 

24 minor species (including deer, elk, and 

25 bison); and 


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1 ‘‘(x) the identification of animal drug 

2 needs and the generation and dissemina3 tion of data for safe and effective thera4 peutic applications of animal drugs for 

5 minor species and minor uses of such 

6 drugs in major species.’’; 

7 (3) in subparagraph (C)— 

8 (A) in clause (ii), by inserting before the 

9 semicolon ‘‘, including the effects of plant-based 

10 foods that are major sources of nutrients of 

11 concern on diet and health’’; 

12 (B) in clause (iii), by inserting before the 

13 semicolon ‘‘, including plant-based foods that 

14 are major sources of nutrients of concern’’; 

15 (C) in clause (iv), by inserting before the 

16 semicolon ‘‘, including postharvest practices 

17 conducted with respect to plant-based foods 

18 that are major sources of nutrients of concern’’; 

19 and 

20 (D) in clause (v), by inserting before the 

21 period ‘‘, including improving the functionality 

22 of plant-based foods that are major sources of 

23 nutrients of concern’’; 

24 (4) in subparagraph (D)— 


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1 (A) by redesignating clauses (iv), (v), and 

2 (vi) as clauses (v), (vi), and (vii), respectively; 

3 and 

4 (B) by inserting after clause (iii) the fol5 lowing new clause: 

6 ‘‘(iv) the effectiveness of conservation 

7 practices and technologies designed to ad8 dress nutrient losses and improve water 

9 quality;’’; and 

10 (5) in subparagraph (F)— 

11 (A) in the matter preceding clause (i), by 

12 inserting ‘‘economics,’’ after ‘‘trade,’’; 

13 (B) by redesignating clauses (v) and (vi) 

14 as clauses (vi) and (vii), respectively; and 

15 (C) by inserting after clause (iv) the fol16 lowing new clause: 

17 ‘‘(v) the economic costs, benefits, and 

18 viability of producers adopting conserva19 tion practices and technologies designed to 

20 improve water quality;’’. 

21 (c) GENERAL ADMINISTRATION.—Subsection (b)(4) 

22 of the Competitive, Special, and Facilities Research Grant 

23 Act (7 U.S.C. 450i(b)(4)) is amended— 

24 (1) in subparagraph (D), by striking ‘‘and’’ at 

25 the end; 


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1 (2) in subparagraph (E), by striking the period 

2 at the end and inserting ‘‘; and’’; and 

3 (3) by adding at the end the following new sub4 paragraph: 

5 ‘‘(F) establish procedures under which a 

6 commodity board established under a com7 modity promotion law (as such term is defined 

8 under section 501(a) of the Federal Agriculture 

9 Improvement and Reform Act of 1996 (7 

10 U.S.C. 7401(a))) or a State commodity board 

11 (or other equivalent State entity) may directly 

12 submit to the Secretary proposals for requests 

13 for applications to specifically address par14 ticular issues related to the priority areas speci15 fied in paragraph (2).’’. 

16 (d) SPECIAL CONSIDERATIONS.—Subsection (b)(6) of 

17 the Competitive, Special, and Facilities Research Grant 

18 Act (7 U.S.C. 450i(b)(6)) is amended— 

19 (1) in subparagraph (C), by striking ‘‘and’’ at 

20 the end; 

21 (2) in subparagraph (D), by striking the period 

22 at the end and inserting ‘‘; and’’; and 

23 (3) by adding at the end the following new sub24 paragraph: 


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1 ‘‘(E) to eligible entities to carry out the 

2 specific research proposals submitted under 

3 procedures established under paragraph 

4 (4)(F).’’. 

5 (e) ELIGIBLE ENTITIES.—Subsection (b)(7)(G) of 

6 the Competitive, Special, and Facilities Research Grant 

7 Act (7 U.S.C. 450i(b)(7)(G)) is amended by striking ‘‘or 

8 corporations’’ and inserting ‘‘, foundations, or corpora9 tions’’. 

10 (f) INTER-REGIONAL RESEARCH PROJECT NUMBER

11 4.—Subsection (e) of the Competitive, Special, and Facili12 ties Research Grant Act (7 U.S.C. 450i(e)) is amended— 

13 (1) in paragraph (1)(A), by striking ‘‘minor use 

14 pesticides’’ and inserting ‘‘pesticides for minor agri15 cultural use and for use on specialty crops (as de16 fined in section 3 of the Specialty Crop Competitive17 ness Act of 2004 (7 U.S.C. 1621 note)),’’; and 

18 (2) in paragraph (4)— 

19 (A) in subparagraph (A), by inserting 

20 ‘‘and for use on specialty crops’’ after ‘‘minor 

21 agricultural use’’; 

22 (B) in subparagraph (B), by striking 

23 ‘‘and’’ at the end; 

24 (C) by redesignating subparagraph (C) as 

25 subparagraph (G); and 


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1 (D) by inserting after subparagraph (B) 

2 the following new subparagraphs: 

3 ‘‘(C) prioritize potential pest management 

4 technology for minor agricultural use and for 

5 use on specialty crops; 

6 ‘‘(D) conduct research to develop the data 

7 necessary to facilitate pesticide registrations, 

8 reregistrations, and associated tolerances; 

9 ‘‘(E) assist in removing trade barriers 

10 caused by residues of pesticides registered for 

11 minor agricultural use and for use on domesti12 cally grown specialty crops; 

13 ‘‘(F) assist in the registration and rereg14 istration of pest management technologies for 

15 minor agricultural use and for use on specialty 

16 crops; and’’. 

17 (g) EMPHASIS ON SUSTAINABLE AGRICULTURE.— 

18 The Competitive, Special, and Facilities Research Grant 

19 Act (7 U.S.C. 450i) is amended by striking subsection (k). 

20 SEC. 6406. RENEWABLE RESOURCES EXTENSION ACT OF 

21 1978. 

22 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 

23 6 of the Renewable Resources Extension Act of 1978 (16 

24 U.S.C. 1675) is amended in the first sentence by striking 

25 ‘‘2012’’ and inserting ‘‘2018’’. 


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1 (b) TERMINATION DATE.—Section 8 of the Renew2 able Resources Extension Act of 1978 (16 U.S.C. 1671 

3 note; Public Law 95–306) is amended by striking ‘‘2012’’ 

4 and inserting ‘‘2018’’. 

5 SEC. 6407. NATIONAL AQUACULTURE ACT OF 1980. 

6 Section 10 of the National Aquaculture Act of 1980 

7 (16 U.S.C. 2809) is amended by striking ‘‘2012’’ each 

8 place it appears and inserting ‘‘2018’’. 

9 SEC. 6408. REPEAL OF USE OF REMOTE SENSING DATA. 

10 Effective October 1, 2013, section 892 of the Federal 

11 Agriculture Improvement and Reform Act of 1996 (7 

12 U.S.C. 5935) is repealed. 

13 SEC. 6409. REPEAL OF REPORTS UNDER FARM SECURITY 

14 AND RURAL INVESTMENT ACT OF 2002. 

15 (a) REPEAL OF REPORT ON PRODUCERS AND HAN16 DLERS FOR ORGANIC PRODUCTS.—Effective October 1, 

17 2013, section 7409 of the Farm Security and Rural In18 vestment Act of 2002 (7 U.S.C. 5925b note; Public Law 

19 107–171) is repealed. 

20 (b) REPEAL OF REPORT ON GENETICALLY MODI21 FIED PEST-PROTECTED PLANTS.—Effective October 1, 

22 2013, section 7410 of the Farm Security and Rural In23 vestment Act of 2002 (Public Law 107–171; 116 Stat. 

24 462) is repealed. 


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1 (c) REPEAL OF STUDY ON NUTRIENT BANKING.— 

2 Effective October 1, 2013, section 7411 of the Farm Secu3 rity and Rural Investment Act of 2002 (7 U.S.C. 5925a 

4 note; Public Law 107–171) is repealed. 

5 SEC. 6410. BEGINNING FARMER AND RANCHER DEVELOP6 MENT PROGRAM. 

7 Section 7405 of the Farm Security and Rural Invest8 ment Act of 2002 (7 U.S.C. 3319f) is amended— 

9 (1) in subsection (c)— 

10 (A) in paragraph (1), by striking subpara11 graphs (A) through (R) and inserting the fol12 lowing new subparagraphs: 

13 ‘‘(A) basic livestock, forest management, 

14 and crop farming practices; 

15 ‘‘(B) innovative farm, ranch, and private, 

16 nonindustrial forest land transfer strategies; 

17 ‘‘(C) entrepreneurship and business train18 ing; 

19 ‘‘(D) financial and risk management train20 ing (including the acquisition and management 

21 of agricultural credit); 

22 ‘‘(E) natural resource management and 

23 planning; 

24 ‘‘(F) diversification and marketing strate25 gies; 


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1 ‘‘(G) curriculum development; 

2 ‘‘(H) mentoring, apprenticeships, and in3 ternships; 

4 ‘‘(I) resources and referral; 

5 ‘‘(J) farm financial benchmarking; 

6 ‘‘(K) assisting beginning farmers or ranch7 ers in acquiring land from retiring farmers and 

8 ranchers; 

9 ‘‘(L) agricultural rehabilitation and voca10 tional training for veterans; and 

11 ‘‘(M) other similar subject areas of use to 

12 beginning farmers or ranchers.’’; 

13 (B) in paragraph (7), by striking ‘‘and 

14 community-based organizations’’ and inserting 

15 ‘‘, community-based organizations, and school16 based agricultural educational organizations’’; 

17 (C) by striking paragraph (8) and insert18 ing the following new paragraph: 

19 ‘‘(8) MILITARY VETERAN BEGINNING FARMERS

20 AND RANCHERS.— 

21 ‘‘(A) IN GENERAL.—Not less than 5 per22 cent of the funds used to carry out this sub23 section for a fiscal year shall be used to support 

24 programs and services that address the needs of 


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1 military veteran beginning farmers and ranch2 ers. 

3 ‘‘(B) COORDINATION PERMITTED.—A re4 cipient of a grant under this section using the 

5 grant as described in subparagraph (A) may co6 ordinate with a recipient of a grant under sec7 tion 1680 of the Food, Agriculture, Conserva8 tion, and Trade Act of 1990 (7 U.S.C. 5933) 

9 in addressing the needs of military veteran be10 ginning farmers and ranchers with disabil11 ities.’’; and 

12 (D) by adding at the end the following new 

13 paragraph: 

14 ‘‘(11) LIMITATION ON INDIRECT COSTS.—A re15 cipient of a grant under this section may not use 

16 more than 10 percent of the funds provided by the 

17 grant for the indirect costs of carrying out the ini18 tiatives described in paragraph (1).’’; 

19 (2) in subsection (h)(1)— 

20 (A) in the paragraph heading, by striking 

21 ‘‘2012’’ and inserting ‘‘2018’’; 

22 (B) in subparagraph (A), by striking 

23 ‘‘and’’ at the end; 

24 (C) in subparagraph (B), by striking the 

25 period at the end and inserting ‘‘; and’’; and 


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1 (D) by adding at the end the following new 

2 subparagraph: 

3 ‘‘(C) $20,000,000 for each of fiscal years 

4 2014 through 2018, to remain available until 

5 expended.’’; and 

6 (3) in subsection (h)(2)— 

7 (A) in the paragraph heading, by striking 

8 ‘‘2008 THROUGH 2012’’ and inserting ‘‘2014

9 THROUGH 2018’’; and 

10 (B) by striking ‘‘2008 through 2012’’ and 

11 inserting ‘‘2014 through 2018’’. 

12 SEC. 6411. INCLUSION OF AMERICAN SAMOA, FEDERATED 

13 STATES OF MICRONESIA, AND NORTHERN 

14 MARIANA ISLANDS AS A STATE UNDER 

15 MCINTIRE-STENNIS COOPERATIVE FORESTRY 

16 ACT. 

17 Section 8 of Public Law 87–788 (commonly known 

18 as the McIntire-Stennis Cooperative Forestry Act; 16 

19 U.S.C. 582a–7) is amended by striking ‘‘and Guam’’ and 

20 inserting ‘‘Guam, American Samoa, the Federated States 

21 of Micronesia, and the Commonwealth of the Northern 

22 Mariana Islands’’. 


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1 Subtitle E—Food, Conservation, 

2 and Energy Act of 2008 

3 PART 1—AGRICULTURAL SECURITY 

4 SEC. 6501. AGRICULTURAL BIOSECURITY COMMUNICATION 

5 CENTER. 

6 Section 14112(c) of the Food, Conservation, and En7 ergy Act of 2008 (7 U.S.C. 8912(c)) is amended to read 

8 as follows: 

9 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

10 are authorized to be appropriated to carry out this sec11 tion— 

12 ‘‘(1) such sums as are necessary for each of fis13 cal years 2008 through 2013; and 

14 ‘‘(2) $2,000,000 for each of fiscal years 2014 

15 through 2018.’’. 

16 SEC. 6502. ASSISTANCE TO BUILD LOCAL CAPACITY IN AG17 RICULTURAL BIOSECURITY PLANNING, PREP18 ARATION, AND RESPONSE. 

19 Section 14113 of the Food, Conservation, and En20 ergy Act of 2008 (7 U.S.C. 8913) is amended— 

21 (1) in subsection (a)(2)— 

22 (A) by striking ‘‘such sums as may be nec23 essary’’; and 


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1 (B) by striking ‘‘subsection’’ and all that 

2 follows and inserting the following: ‘‘sub3 section— 

4 ‘‘(A) such sums as are necessary for each 

5 of fiscal years 2008 through 2013; and 

6 ‘‘(B) $15,000,000 for each of fiscal years 

7 2014 through 2018.’’; and 

8 (2) in subsection (b)(2), by striking ‘‘is author9 ized to be appropriated to carry out this subsection’’ 

10 and all that follows and inserting the following: ‘‘are 

11 authorized to be appropriated to carry out this sub12 section— 

13 ‘‘(A) $25,000,000 for each of fiscal years 

14 2008 through 2013; and 

15 ‘‘(B) $15,000,000 for each of fiscal years 

16 2014 through 2018.’’. 

17 SEC. 6503. RESEARCH AND DEVELOPMENT OF AGRICUL18 TURAL COUNTERMEASURES. 

19 Section 14121(b) of the Food, Conservation, and En20 ergy Act of 2008 (7 U.S.C. 8921(b)) is amended by strik21 ing ‘‘is authorized to be appropriated to carry out this sec22 tion’’ and all that follows and inserting the following: ‘‘are 

23 authorized to be appropriated to carry out this section— 

24 ‘‘(1) $50,000,000 for each of fiscal years 2008 

25 through 2013; and 


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1 ‘‘(2) $15,000,000 for each of fiscal years 2014 

2 through 2018.’’. 

3 SEC. 6504. AGRICULTURAL BIOSECURITY GRANT PROGRAM. 

4 Section 14122(e) of the Food, Conservation, and En5 ergy Act of 2008 (7 U.S.C. 8922(e)) is amended— 

6 (1) by striking ‘‘sums as are necessary’’; and 

7 (2) by striking ‘‘section’’ and all that follows 

8 and inserting the following: ‘‘section— 

9 ‘‘(1) such sums as are necessary for each of fis10 cal years 2008 through 2013, to remain available 

11 until expended; and 

12 ‘‘(2) $5,000,000 for each of fiscal years 2014 

13 through 2018, to remain available until expended.’’. 

14 PART 2—MISCELLANEOUS 

15 SEC. 6511. ENHANCED USE LEASE AUTHORITY PILOT PRO16 GRAM. 

17 Section 308 of the Federal Crop Insurance Reform 

18 and Department of Agriculture Reorganization Act of 

19 1994 (7 U.S.C. 3125a) is amended— 

20 (1) in subsection (b)(6)(A), by striking ‘‘5 

21 years’’ and inserting ‘‘10 years’’; and 

22 (2) in subsection (d)(2), by striking ‘‘1, 3, and 

23 5 years’’ and inserting ‘‘6, 8, and 10 years’’. 


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1 SEC. 6512. GRAZINGLANDS RESEARCH LABORATORY. 

2 Section 7502 of the Food, Conservation, and Energy 

3 Act of 2008 (Public Law 110–246; 122 Stat. 2019) is 

4 amended by striking ‘‘5-year period’’ and inserting ‘‘10- 

5 year period’’. 

6 SEC. 6513. BUDGET SUBMISSION AND FUNDING. 

7 Section 7506 of the Food, Conservation, and Energy 

8 Act of 2008 (7 U.S.C. 7614c) is amended— 

9 (1) by striking subsection (a) and inserting the 

10 following new subsection: 

11 ‘‘(a) DEFINITIONS.—In this section: 

12 ‘‘(1) COVERED PROGRAM.—The term ‘covered 

13 program’ means— 

14 ‘‘(A) each research program carried out by 

15 the Agricultural Research Service or the Eco16 nomic Research Service for which annual appro17 priations are requested in the annual budget 

18 submission of the President; and 

19 ‘‘(B) each competitive program carried out 

20 by the National Institute of Food and Agri21 culture for which annual appropriations are re22 quested in the annual budget submission of the 

23 President. 

24 ‘‘(2) REQUEST FOR AWARDS.—The term ‘re25 quest for awards’ means a funding announcement 

26 published by the National Institute of Food and AgVerDate Mar 15 2010 21:18 Jul 16, 2013 Jkt 029200 PO 00000 Frm 00399 Fmt 6652 Sfmt 6201 E:\BILLS\H2642.PCS H2642

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1 riculture that provides detailed information on fund2 ing opportunities at the Institute, including the pur3 pose, eligibility, restriction, focus areas, evaluation 

4 criteria, regulatory information, and instructions on 

5 how to apply for such opportunities.’’; and 

6 (2) by adding at the end the following new sub7 sections: 

8 ‘‘(e) ADDITIONAL PRESIDENTIAL BUDGET SUBMIS9 SION REQUIREMENT.— 

10 ‘‘(1) IN GENERAL.—Each year, the President 

11 shall submit to Congress, together with the annual 

12 budget submission of the President, the information 

13 described in paragraph (2) for each funding request 

14 for a covered program. 

15 ‘‘(2) INFORMATION DESCRIBED.—The informa16 tion described in this paragraph includes— 

17 ‘‘(A) baseline information, including with 

18 respect to each covered program— 

19 ‘‘(i) the funding level for the program 

20 for the fiscal year preceding the year the 

21 annual budget submission of the President 

22 is submitted; 

23 ‘‘(ii) the funding level requested in the 

24 annual budget submission of the President, 


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1 including any increase or decrease in the 

2 funding level; and 

3 ‘‘(iii) an explanation justifying any 

4 change from the funding level specified in 

5 clause (i) to the level specified in clause 

6 (ii); 

7 ‘‘(B) with respect to each covered program 

8 that is carried out by the Economic Research 

9 Service or the Agricultural Research Service, 

10 the location and staff years of the program; 

11 ‘‘(C) the proposed funding levels to be allo12 cated to, and the expected publication date, 

13 scope, and allocation level for, each request for 

14 awards to be published under or associated 

15 with— 

16 ‘‘(i) each priority area specified in 

17 subsection (b)(2) of the Competitive, Spe18 cial, and Facilities Research Grant Act (7 

19 U.S.C. 450i(b)(2)); 

20 ‘‘(ii) each research and extension 

21 project carried out under section 1621(a) 

22 of the Food, Agriculture, Conservation, 

23 and Trade Act of 1990 (7 U.S.C. 

24 5811(a)); 


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1 ‘‘(iii) each grant to be awarded under 

2 section 1672B(a) of the Food, Agriculture, 

3 Conservation, and Trade Act of 1990 (7 

4 U.S.C. 5925b(a)); 

5 ‘‘(iv) each grant awarded under sec6 tion 412(d) of the Agricultural Research, 

7 Extension, and Education Reform Act of 

8 1998 (7 U.S.C. 7632(d)); and 

9 ‘‘(v) each grant awarded under 

10 7405(c)(1) of the Farm Security and 

11 Rural Investment Act of 2002 (7 U.S.C. 

12 3319f(c)(1)); or 

13 ‘‘(D) any other information the Secretary 

14 determines will increase congressional oversight 

15 with respect to covered programs. 

16 ‘‘(3) PROHIBITION.—Unless the President sub17 mits the information described in paragraph (2)(C) 

18 for a fiscal year, the President may not carry out 

19 any program during the fiscal year that is author20 ized under— 

21 ‘‘(A) subsection (b) of the Competitive, 

22 Special, and Facilities Research Grant Act (7 

23 U.S.C. 450i(b)); 


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1 ‘‘(B) section 1621 of the Food, Agri2 culture, Conservation, and Trade Act of 1990 

3 (7 U.S.C. 5811); 

4 ‘‘(C) section 1672B of the Food, Agri5 culture, Conservation, and Trade Act of 1990 

6 (7 U.S.C. 5925b); 

7 ‘‘(D) section 412 of the Agricultural Re8 search, Extension, and Education Reform Act 

9 of 1998 (7 U.S.C. 7632); or 

10 ‘‘(E) section 7405 of the Farm Security 

11 and Rural Investment Act of 2002 (7 U.S.C. 

12 3319f). 

13 ‘‘(f) REPORT OF THE SECRETARY OF AGRI14 CULTURE.—Each year on a date that is not later than 

15 the date on which the President submits the annual budg16 et, the Secretary shall submit to Congress a report con17 taining a description of the agricultural research, exten18 sion, and education activities carried out by the Federal 

19 Government during the fiscal year that immediately pre20 cedes the year for which the report is submitted, includ21 ing— 

22 ‘‘(1) a review of the extent to which those ac23 tivities— 

24 ‘‘(A) are duplicative or overlap within the 

25 Department of Agriculture; or 


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1 ‘‘(B) are similar to activities carried out 

2 by— 

3 ‘‘(i) other Federal agencies; 

4 ‘‘(ii) the States (including the District 

5 of Columbia, the Commonwealth of Puerto 

6 Rico and other territories or possessions of 

7 the United States); 

8 ‘‘(iii) institutions of higher education 

9 (as defined in section 101 of the Higher 

10 Education Act of 1965 (20 U.S.C. 1001)); 

11 or 

12 ‘‘(iv) the private sector; and 

13 ‘‘(2) for each report submitted under this sec14 tion on or after January 1, 2013, a 5-year projection 

15 of national priorities with respect to agricultural re16 search, extension, and education, taking into account 

17 domestic needs.’’. 

18 SEC. 6514. RESEARCH AND EDUCATION GRANTS FOR THE 

19 STUDY OF ANTIBIOTIC-RESISTANT BACTERIA. 

20 Section 7521(c) of the Food, Conservation, and En21 ergy Act of 2008 (7 U.S.C. 3202(c)) is amended by strik22 ing ‘‘2012’’ and inserting ‘‘2018’’. 


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1 SEC. 6515. REPEAL OF FARM AND RANCH STRESS ASSIST2 ANCE NETWORK. 

3 Effective October 1, 2013, section 7522 of the Food, 

4 Conservation, and Energy Act of 2008 (7 U.S.C. 5936) 

5 is repealed. 

6 SEC. 6516. REPEAL OF SEED DISTRIBUTION. 

7 Effective October 1, 2013, section 7523 of the Food, 

8 Conservation, and Energy Act of 2008 (7 U.S.C. 415–1) 

9 is repealed. 

10 SEC. 6517. NATURAL PRODUCTS RESEARCH PROGRAM. 

11 Section 7525(e) of the Food, Conservation, and En12 ergy Act of 2008 (7 U.S.C. 5937(e)) is amended to read 

13 as follows: 

14 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

15 are authorized to be appropriated to carry out this section 

16 $7,000,000 for each of fiscal years 2014 through 2018.’’. 

17 SEC. 6518. SUN GRANT PROGRAM. 

18 (a) IN GENERAL.—Section 7526 of the Food, Con19 servation, and Energy Act of 2008 (7 U.S.C. 8114) is 

20 amended— 

21 (1) in subsection (a)(4)(B), by striking ‘‘the 

22 Department of Energy’’ and inserting ‘‘other appro23 priate Federal agencies (as determined by the Sec24 retary)’’; 

25 (2) in subsection (c)(1)— 


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1 (A) in subparagraph (B), by striking 

2 ‘‘multistate’’ and all that follows through the 

3 period and inserting ‘‘integrated, multistate re4 search, extension, and education programs on 

5 technology development and technology imple6 mentation.’’; 

7 (B) by striking subparagraph (C); and 

8 (C) by redesignating subparagraph (D) as 

9 subparagraph (C); 

10 (3) in subsection (d)— 

11 (A) in paragraph (1)— 

12 (i) by striking ‘‘in accordance with 

13 paragraph (2)’’; 

14 (ii) by striking ‘‘gasification’’ and in15 serting ‘‘bioproducts’’; and 

16 (iii) by striking ‘‘the Department of 

17 Energy’’ and inserting ‘‘other appropriate 

18 Federal agencies’’; 

19 (B) by striking paragraph (2); and 

20 (C) by redesignating paragraphs (3) and 

21 (4) as paragraphs (2) and (3), respectively; and 

22 (4) in subsection (g), by striking ‘‘2012’’ and 

23 inserting ‘‘2018’’. 

24 (b) CONFORMING AMENDMENTS.—Section 

25 7526(f)(1) of the Food, Conservation, and Energy Act of 


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1 2008 (7 U.S.C. 8114(f)(1)) is amended by striking ‘‘sub2 section (c)(1)(D)(i)’’ and inserting ‘‘subsection 

3 (c)(1)(C)(i)’’. 

4 SEC. 6519. REPEAL OF STUDY AND REPORT ON FOOD 

5 DESERTS. 

6 Effective October 1, 2013, section 7527 of the Food, 

7 Conservation, and Energy Act of 2008 (Public Law 110– 

8 246; 122 Stat. 2039) is repealed. 

9 SEC. 6520. REPEAL OF AGRICULTURAL AND RURAL TRANS10 PORTATION RESEARCH AND EDUCATION. 

11 Effective October 1, 2013, section 7529 of the Food, 

12 Conservation, and Energy Act of 2008 (7 U.S.C. 5938) 

13 is repealed. 

14 Subtitle F—Miscellaneous 

15 Provisions 

16 SEC. 6601. AGREEMENTS WITH NONPROFIT ORGANIZA17 TIONS FOR NATIONAL ARBORETUM. 

18 Section 6 of the Act of March 4, 1927 (20 U.S.C. 

19 196), is amended— 

20 (1) in subsection (a), by striking paragraph (1) 

21 and inserting the following new paragraph: 

22 ‘‘(1) negotiate agreements for the National Ar23 boretum with nonprofit scientific or educational or24 ganizations, the interests of which are complemen25 tary to the mission of the National Arboretum, or 


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1 nonprofit organizations that support the purpose of 

2 the National Arboretum, except that the net pro3 ceeds of the organizations from the agreements shall 

4 be used exclusively for research and educational 

5 work for the benefit of the National Arboretum and 

6 the operation and maintenance of the facilities of the 

7 National Arboretum, including enhancements, up8 grades, restoration, and conservation;’’; and 

9 (2) by adding at the end the following new sub10 section: 

11 ‘‘(d) RECOGNITION OF DONORS.—A non-profit orga12 nization that entered into an agreement under subsection 

13 (a)(1) may recognize donors if that recognition is ap14 proved in advance by the Secretary. In considering wheth15 er to approve such recognition, the Secretary shall broadly 

16 exercise the discretion of the Secretary to the fullest extent 

17 allowed under Federal law in effect on the date of the en18 actment of this subsection.’’. 

19 SEC. 6602. COTTON DISEASE RESEARCH REPORT. 

20 Not later than 180 days after the date of the enact21 ment of this Act, the Secretary shall submit to Congress 

22 a report on the fungus fusarium oxysporum f. sp. 

23 vasinfectum race 4 (referred to in this section as ‘‘FOV 

24 Race 4’’) and the impact of such fungus on cotton, includ25 ing— 


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1 (1) an overview of the threat FOV Race 4 poses 

2 to the cotton industry in the United States; 

3 (2) the status and progress of Federal research 

4 initiatives to detect, contain, or eradicate FOV Race 

5 4, including current FOV Race 4-specific research 

6 projects; and 

7 (3) a comprehensive strategy to combat FOV 

8 Race 4 that establishes— 

9 (A) detection and identification goals; 

10 (B) containment goals; 

11 (C) eradication goals; and 

12 (D) a plan to partner with the cotton in13 dustry in the United States to maximize re14 sources, information sharing, and research re15 sponsiveness and effectiveness. 

16 SEC. 6603. ACCEPTANCE OF FACILITY FOR AGRICULTURAL 

17 RESEARCH SERVICE. 

18 (a) CONSTRUCTION AUTHORIZED.—Subject to sub19 sections (b) and (c), the Secretary of Agriculture may au20 thorize a non-Federal entity to construct, at no cost and 

21 without obligation to the Federal Government, a facility 

22 for use by the Agricultural Research Service on land 

23 owned by the Agricultural Research Service and managed 

24 by the Secretary. 

25 (b) ACCEPTANCE OF GIFT.— 


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1 (1) IN GENERAL.—Subject to paragraph (2), 

2 upon the completion of the construction of the facil3 ity by the non-Federal entity under subsection (a), 

4 the Secretary shall accept the facility as a gift in ac5 cordance with Public Law 95–442 (7 U.S.C. 2269). 

6 (2) CERTIFICATION.—The Secretary, in con7 sultation with the Director of the Office of Manage8 ment and Budget, shall certify in advance that the 

9 acceptance under paragraph (1) complies with the 

10 limitations specified in paragraphs (1) and (2) of 

11 subsection (c). 

12 (c) LIMITATIONS.— 

13 (1) VALUE.—The Secretary may not accept a 

14 facility as a gift under this section if the fair market 

15 value of the facility is more than $5,000,000. 

16 (2) NO FEDERAL COST.—The Secretary shall 

17 not enter into any acquisitions, demonstrations, ex18 changes, grants, contracts, incentives, leases, pro19 curements, sales, or other transaction authorities or 

20 arrangements that would obligate future appropria21 tions with respect to the facility constructed under 

22 subsection (a). 

23 (d) TERMINATION OF AUTHORITY.—No facility may 

24 be accepted by the Secretary for use by the Agricultural 


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1 Research Service under this section after September 30, 

2 2018. 

3 SEC. 6604. MISCELLANEOUS TECHNICAL CORRECTIONS. 

4 Sections 7408 and 7409 of the Food, Conservation, 

5 and Energy Act of 2008 (Public Law 110–246; 122 Stat. 

6 2013) are both amended by striking ‘‘Title III of the De7 partment of Agriculture Reorganization Act of 1994’’ and 

8 inserting ‘‘Title III of the Federal Crop Insurance Reform 

9 and Department of Agriculture Reorganization Act of 

10 1994’’. 

11 SEC. 6605. LEGITIMACY OF INDUSTRIAL HEMP RESEARCH. 

12 (a) IN GENERAL.—Notwithstanding the Controlled 

13 Substances Act (21 U.S.C. 801 et seq.), the Drug-Free 

14 Workplace Act of 1988 (41 U.S.C. 8101 et seq.), the Safe 

15 and Drug-Free Schools and Communities Act of 1986 (20 

16 U.S.C. 7101 et seq.), or any other Federal law, an institu17 tion of higher education (as defined in section 101 of the 

18 Higher Education Act of 1965 (20 U.S.C. 1001)) may 

19 grow or cultivate industrial hemp if— 

20 (1) the industrial hemp is grown or cultivated 

21 for purposes of agricultural research or other aca22 demic research; and 

23 (2) the growing or cultivating of industrial 

24 hemp is allowed under the laws of the State in which 


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1 such institution of higher education is located and 

2 such research occurs. 

3 (b) INDUSTRIAL HEMP DEFINED.—In this section, 

4 the term ‘‘industrial hemp’’ means the plant Cannabis 

5 sativa L. and any part of such plant, whether growing or 

6 not, with a delta-9 tetrahydrocannabinol concentration of 

7 not more than 0.3 percent on a dry weight basis. 

8 TITLE VII—FORESTRY 

9 Subtitle A—Repeal of Certain 

10 Forestry Programs 

11 SEC. 7001. FOREST LAND ENHANCEMENT PROGRAM. 

12 (a) REPEAL.—Section 4 of the Cooperative Forestry 

13 Assistance Act of 1978 (16 U.S.C. 2103) is repealed. 

14 (b) CONFORMING AMENDMENT.—Section 8002 of the 

15 Farm Security and Rural Investment Act of 2002 (Public 

16 Law 107–171; 16 U.S.C. 2103 note) is amended by strik17 ing subsection (a). 

18 (c) EFFECTIVE DATE.—The amendments made by 

19 this section shall take effect on October 1, 2013. 

20 SEC. 7002. WATERSHED FORESTRY ASSISTANCE PROGRAM. 

21 (a) REPEAL.—Section 6 of the Cooperative Forestry 

22 Assistance Act of 1978 (16 U.S.C. 2103b) is repealed. 

23 (b) EFFECTIVE DATE.—The amendment made by 

24 this section shall take effect on October 1, 2013. 


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1 SEC. 7003. EXPIRED COOPERATIVE NATIONAL FOREST 

2 PRODUCTS MARKETING PROGRAM. 

3 Section 18 of the Cooperative Forestry Assistance 

4 Act of 1978 (16 U.S.C. 2112) is repealed. 

5 SEC. 7004. HISPANIC-SERVING INSTITUTION AGRICUL6 TURAL LAND NATIONAL RESOURCES LEAD7 ERSHIP PROGRAM. 

8 (a) REPEAL.—Section 8402 of the Food, Conserva9 tion, and Energy Act of 2008 (16 U.S.C. 1649a) is re10 pealed. 

11 (b) EFFECTIVE DATE.—The amendment made by 

12 this section shall take effect on October 1, 2013. 

13 SEC. 7005. TRIBAL WATERSHED FORESTRY ASSISTANCE 

14 PROGRAM. 

15 (a) REPEAL.—Section 303 of the Healthy Forests 

16 Restoration Act of 2003 (16 U.S.C. 6542) is repealed. 

17 (b) EFFECTIVE DATE.—The amendment made by 

18 this section shall take effect on October 1, 2013. 

19 SEC. 7006. SEPARATE FOREST SERVICE DECISIONMAKING 

20 AND APPEALS PROCESS. 

21 Section 322 of the Department of the Interior and 

22 Related Agencies Appropriations Act, 1993 (Public Law 

23 102–381; 16 U.S.C. 1612 note) is repealed. Section 428 

24 of division E of the Consolidated Appropriations Act, 2012 

25 (Public Law 112–74; 125 Stat. 1046; 16 U.S.C. 6515 

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1 menting a land and resource management plan developed 

2 under section 6 of the Forest and Rangeland Renewable 

3 Resources Planning Act of 1974 (16 U.S.C. 1604) that 

4 is categorically excluded from documentation in an envi5 ronmental assessment or an environmental impact state6 ment under the National Environmental Policy Act of 

7 1969 (42 U.S.C. 4321 et seq.). 

8 Subtitle B—Reauthorization of Co9 operative Forestry Assistance 

10 Act of 1978 Programs 

11 SEC. 7101. STATE-WIDE ASSESSMENT AND STRATEGIES FOR 

12 FOREST RESOURCES. 

13 Section 2A(c) of the Cooperative Forestry Assistance 

14 Act of 1978 (16 U.S.C. 2101a(c)) is amended— 

15 (1) in paragraph (4), by striking ‘‘and’’; 

16 (2) by redesignating paragraph (5) as para17 graph (6); and 

18 (3) by inserting after paragraph (4) the fol19 lowing new paragraph: 

20 ‘‘(5) as feasible, appropriate military installa21 tions where the voluntary participation and manage22 ment of private or State-owned or other public 

23 forestland is able to support, promote, and con24 tribute to the missions of such installations; and’’. 


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1 SEC. 7102. FOREST LEGACY PROGRAM. 

2 Subsection (m) of section 7 of the Cooperative For3 estry Assistance Act of 1978 (16 U.S.C. 2103c) is amend4 ed to read as follows: 

5 ‘‘(m) AUTHORIZATION OF APPROPRIATIONS.—To 

6 carry out this section, there are authorized to be appro7 priated— 

8 ‘‘(1) such sums as are necessary for fiscal year 

9 2013; and 

10 ‘‘(2) $55,000,000 for each of fiscal years 2014 

11 through 2018.’’. 

12 SEC. 7103. COMMUNITY FOREST AND OPEN SPACE CON13 SERVATION PROGRAM. 

14 Subsection (g) of section 7A of the Cooperative For15 estry Assistance Act of 1978 (16 U.S.C. 2103d) is amend16 ed to read as follows: 

17 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—To 

18 carry out this section, there are authorized to be appro19 priated— 

20 ‘‘(1) such sums as are necessary for fiscal year 

21 2013; and 

22 ‘‘(2) $1,500,000 for each of fiscal years 2014 

23 through 2018.’’. 


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1 Subtitle C—Reauthorization of 

2 Other Forestry-Related Laws 

3 SEC. 7201. RURAL REVITALIZATION TECHNOLOGIES. 

4 Section 2371(d)(2) of the Food, Agriculture, Con5 servation, and Trade Act of 1990 (7 U.S.C. 6601(d)(2)) 

6 is amended by striking ‘‘2012’’ and inserting ‘‘2018’’. 

7 SEC. 7202. OFFICE OF INTERNATIONAL FORESTRY. 

8 Subsection (d) of section 2405 of the Global Climate 

9 Change Prevention Act of 1990 (7 U.S.C. 6704) is amend10 ed to read as follows: 

11 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—To 

12 carry out this section, there are authorized to be appro13 priated— 

14 ‘‘(1) such sums as are necessary for each of fis15 cal years 1996 through 2013; and 

16 ‘‘(2) $6,000,000 for each of fiscal years 2014 

17 through 2018.’’. 

18 SEC. 7203. CHANGE IN FUNDING SOURCE FOR HEALTHY 

19 FORESTS RESERVE PROGRAM. 

20 Section 508 of the Healthy Forests Restoration Act 

21 of 2003 (16 U.S.C. 6578) is amended— 

22 (1) in subsection (a), by striking ‘‘IN GEN23 ERAL’’ and inserting ‘‘FISCAL YEARS 2009 

24 THROUGH 2013’’; 


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1 (2) by redesignating subsection (b) as sub2 section (d); and 

3 (3) by inserting after subsection (a) the fol4 lowing new subsections: 

5 ‘‘(b) FISCAL YEARS 2014 THROUGH 2018.—There is 

6 authorized to be appropriated to the Secretary of Agri7 culture to carry out this section $9,750,000 for each of 

8 fiscal years 2014 through 2018. 

9 ‘‘(c) ADDITIONAL SOURCE OF FUNDS.—In addition 

10 to funds appropriated pursuant to the authorization of ap11 propriations in subsection (b) for a fiscal year, the Sec12 retary may use such amount of the funds appropriated 

13 for that fiscal year to carry out the Soil Conservation and 

14 Domestic Allotment Act (16 U.S.C. 590a et seq.) as the 

15 Secretary determines necessary to cover the cost of tech16 nical assistance, management, and enforcement respon17 sibilities for land enrolled in the healthy forests reserve 

18 program pursuant to subsections (a) and (b) of section 

19 504.’’. 

20 SEC. 7204. STEWARDSHIP END RESULT CONTRACTING 

21 PROJECT AUTHORITY. 

22 Section 347 of the Department of the Interior and 

23 Related Agencies Appropriations Act, 1999 (as contained 

24 in section 101(e) of division A of Public Law 105–277; 

25 16 U.S.C. 2104 note) is amended— 


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1 (1) in subsection (a), by striking ‘‘2013’’ and 

2 inserting ‘‘2018’’; and 

3 (2) in subsection (c), by adding at the end the 

4 following new paragraphs: 

5 ‘‘(6) CONTRACT FOR SALE OF PROPERTY.—At 

6 the discretion of the Secretary of Agriculture, a con7 tract entered into by the Forest Service under this 

8 section may be considered a contract for the sale of 

9 property under such terms as the Secretary may 

10 prescribe without regard to any other provision of 

11 law. 

12 ‘‘(7) FIRE LIABILITY PROVISIONS.—Not later 

13 than 90 days after the date of enactment of this 

14 paragraph, the Chief and the Director shall issue for 

15 use in all contracts and agreements under this sec16 tion fire liability provisions that are in substantially 

17 the same form as the fire liability provisions con18 tained in— 

19 ‘‘(A) integrated resource timber contracts, 

20 as described in the Forest Service contract 

21 numbered 2400–13, part H, section H.4; and 

22 ‘‘(B) timber sale contracts conducted pur23 suant to section 14 of the National Forest 

24 Management Act of 1976 (16 U.S.C. 472a).’’. 


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1 Subtitle D—National Forest 

2 Critical Area Response 

3 SEC. 7301. DEFINITIONS. 

4 In this title: 

5 (1) CRITICAL AREA.—The term ‘‘critical area’’ 

6 means an area of the National Forest System des7 ignated by the Secretary under section 7302. 

8 (2) NATIONAL FOREST SYSTEM.—The term 

9 ‘‘National Forest System’’ has the meaning given 

10 that term in section 11(a) of the Forest and Range11 land Renewable Resources Planning Act of 1974 (16 

12 U.S.C. 1609(a)). 

13 (3) SECRETARY.—The term ‘‘Secretary’’ means 

14 the Secretary of Agriculture. 

15 SEC. 7302. DESIGNATION OF CRITICAL AREAS. 

16 (a) DESIGNATION REQUIREMENTS.—The Secretary 

17 of Agriculture shall designate critical areas within the Na18 tional Forest System for the purposes of addressing— 

19 (1) deteriorating forest health conditions in ex20 istence as of the date of the enactment of this Act 

21 due to insect infestation, drought, disease, or storm 

22 damage; and 

23 (2) the future risk of insect infestations or dis24 ease outbreaks through preventative treatments. 


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1 (b) DESIGNATION METHOD.—In considering Na2 tional Forest System land for designation as a critical 

3 area, the Secretary shall use— 

4 (1) for purposes of subsection (a)(1), the most 

5 recent annual forest health aerial surveys of mor6 tality and defoliation; and 

7 (2) for purposes of subsection (a)(2), the Na8 tional Insect and Disease Risk Map. 

9 (c) TIME FOR INITIAL DESIGNATIONS.—The first 

10 critical areas shall be designated by the Secretary not later 

11 than 60 days after the date of the enactment of this Act. 

12 (d) DURATION OF DESIGNATION.—The designation 

13 of a critical area shall expire not later than 10 years after 

14 the date of the designation. 

15 SEC. 7303. APPLICATION OF EXPEDITED PROCEDURES AND 

16 ACTIVITIES OF THE HEALTHY FORESTS RES17 TORATION ACT OF 2003 TO CRITICAL AREAS. 

18 (a) APPLICABILITY.—Subject to subsections (b) 

19 through (e), title I of the Healthy Forests Restoration Act 

20 of 2003 (16 U.S.C. 6511 et seq.) (including the environ21 mental analysis requirements of section 104 of that Act 

22 (16 U.S.C. 6514), the special administrative review proc23 ess under section 105 of that Act (16 U.S.C. 6515), and 

24 the judicial review process under section 106 of that Act 


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1 (16 U.S.C. 6516)), shall apply to all Forest Service 

2 projects and activities carried out in a critical area. 

3 (b) APPLICATION OF OTHER LAW.—Section 322 of 

4 Public Law 102–381 (16 U.S.C. 1612 note; 106 Stat. 

5 1419) shall not apply to projects conducted in accordance 

6 with this section. 

7 (c) REQUIRED MODIFICATIONS.—In applying title I 

8 of the Healthy Forests Restoration Act of 2003 (16 

9 U.S.C. 6511 et seq.) to Forest Service projects and activi10 ties in a critical area, the Secretary shall make the fol11 lowing modifications: 

12 (1) The authority shall apply to the entire crit13 ical area, including land that is outside of a 

14 wildland-urban interface area or that does not sat15 isfy any of the other eligibility criteria specified in 

16 section 102(a) of that Act (16 U.S.C. 6512(a)). 

17 (2) All projects and activities of the Forest 

18 Service, including necessary connected actions (as 

19 described in section 1508.25(a)(1) of title 40, Code 

20 of Federal Regulations (or a successor regulation)), 

21 shall be considered to be authorized hazardous fuel 

22 reduction projects for purposes of applying the title. 

23 (d) SMALLER PROJECTS.— 

24 (1) IN GENERAL.—Except as provided in para25 graph (2), a project conducted in a critical area in 


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1 accordance with this section that comprises less than 

2 10,000 acres shall be— 

3 (A) considered an action categorically ex4 cluded from the requirements for an environ5 mental assessment or an environmental impact 

6 statement under section 1508.4 of title 40, 

7 Code of Federal Regulations (or a successor 

8 regulation); and 

9 (B) exempt from the special administrative 

10 review process under section 105 of the Healthy 

11 Forests Restoration Act of 2003 (16 U.S.C. 

12 6515). 

13 (2) EXCLUSION OF CERTAIN AREAS.—Para14 graph (1) does not apply to— 

15 (A) a component of the National Wilder16 ness Preservation System; 

17 (B) any Federal land on which, by Act of 

18 Congress or Presidential proclamation, the re19 moval of vegetation is restricted or prohibited; 

20 (C) a congressionally designated wilderness 

21 study area; or 

22 (D) an area in which activities under para23 graph (1) would be inconsistent with the appli24 cable land and resource management plan. 


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1 (e) FOREST MANAGEMENT PLANS.—All projects and 

2 activities carried out in a critical area pursuant to this 

3 subtitle shall be consistent with the land and resource 

4 management plan established under section 6 of the For5 est and Rangeland Renewable Resources Planning Act of 

6 1974 (16 U.S.C. 1604) for the unit of the National Forest 

7 System containing the critical area. 

8 SEC. 7304. GOOD NEIGHBOR AUTHORITY. 

9 (a) DEFINITIONS.—In this section: 

10 (1) ELIGIBLE STATE.—The term ‘‘eligible 

11 State’’ means a State that contains National Forest 

12 System land. 

13 (2) SECRETARY.—The term ‘‘Secretary’’ means 

14 the Secretary of Agriculture. 

15 (3) STATE FORESTER.—The term ‘‘State for16 ester’’ means the head of a State agency with juris17 diction over State forestry programs in an eligible 

18 State. 

19 (b) COOPERATIVE AGREEMENTS AND CONTRACTS.— 

20 (1) IN GENERAL.—The Secretary may enter 

21 into a cooperative agreement or contract (including 

22 a sole source contract) with a State forester to au23 thorize the State forester to provide the forest, 

24 rangeland, and watershed restoration, management, 


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1 and protection services described in paragraph (2) 

2 on National Forest System land in the eligible State. 

3 (2) AUTHORIZED SERVICES.—The forest, 

4 rangeland, and watershed restoration, management, 

5 and protection services referred to in paragraph (1) 

6 include the conduct of— 

7 (A) activities to treat insect infected for8 ests; 

9 (B) activities to reduce hazardous fuels; 

10 (C) activities involving commercial har11 vesting or other mechanical vegetative treat12 ments; or 

13 (D) any other activities to restore or im14 prove forest, rangeland, and watershed health, 

15 including fish and wildlife habitat. 

16 (3) STATE AS AGENT.—Except as provided in 

17 paragraph (6), a cooperative agreement or contract 

18 entered into under paragraph (1) may authorize the 

19 State forester to serve as the agent for the Secretary 

20 in providing the restoration, management, and pro21 tection services authorized under that paragraph. 

22 (4) SUBCONTRACTS.—In accordance with appli23 cable contract procedures for the eligible State, a 

24 State forester may enter into subcontracts to provide 

25 the restoration, management, and protection services 


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1 authorized under a cooperative agreement or con2 tract entered into under paragraph (1). 

3 (5) TIMBER SALES.—Subsections (d) and (g) of 

4 section 14 of the National Forest Management Act 

5 of 1976 (16 U.S.C. 472a) shall not apply to services 

6 performed under a cooperative agreement or con7 tract entered into under paragraph (1). 

8 (6) RETENTION OF NEPA RESPONSIBILITIES.— 

9 Any decision required to be made under the Na10 tional Environmental Policy Act of 1969 (42 U.S.C. 

11 4321 et seq.) with respect to any restoration, man12 agement, and protection services to be provided 

13 under this section by a State forester on National 

14 Forest System land shall not be delegated to a State 

15 forester or any other officer or employee of the eligi16 ble State. 

17 (7) APPLICABLE LAW.—The restoration, man18 agement, and protection services to be provided 

19 under this section shall be carried out on a project20 to-project basis under existing authorities of the 

21 Forest Service. 


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1 Subtitle E—Miscellaneous 

2 Provisions 

3 SEC. 7401. REVISION OF STRATEGIC PLAN FOR FOREST IN4 VENTORY AND ANALYSIS. 

5 (a) REVISION REQUIRED.—Not later than 180 days 

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

7 of Agriculture shall revise the strategic plan for forest in8 ventory and analysis initially prepared pursuant to section 

9 3(e) of the Forest and Rangeland Renewable Resources 

10 Research Act of 1978 (16 U.S.C. 1642(e)) to address the 

11 requirements imposed by subsection (b). 

12 (b) ELEMENTS OF REVISED STRATEGIC PLAN.—In 

13 revising the strategic plan, the Secretary of Agriculture 

14 shall describe in detail the organization, procedures, and 

15 funding needed to achieve each of the following: 

16 (1) Complete the transition to a fully 

17 annualized forest inventory program and include in18 ventory and analysis of interior Alaska. 

19 (2) Implement an annualized inventory of trees 

20 in urban settings, including the status and trends of 

21 trees and forests, and assessments of their eco22 system services, values, health, and risk to pests and 

23 diseases. 

24 (3) Report information on renewable biomass 

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1 gional, and national level, including by ownership 

2 type. 

3 (4) Engage State foresters and other users of 

4 information from the forest inventory and analysis 

5 in reevaluating the list of core data variables col6 lected on forest inventory and analysis plots with an 

7 emphasis on demonstrated need. 

8 (5) Improve the timeliness of the timber prod9 uct output program and accessibility of the 

10 annualized information on that database. 

11 (6) Foster greater cooperation among the forest 

12 inventory and analysis program, research station 

13 leaders, and State foresters and other users of infor14 mation from the forest inventory and analysis. 

15 (7) Promote availability of and access to non16 Federal resources to improve information analysis 

17 and information management. 

18 (8) Collaborate with the Natural Resources 

19 Conservation Service, National Aeronautics and 

20 Space Administration, National Oceanic and Atmos21 pheric Administration, and United States Geological 

22 Survey to integrate remote sensing, spatial analysis 

23 techniques, and other new technologies in the forest 

24 inventory and analysis program. 


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1 (9) Understand and report on changes in land 

2 cover and use. 

3 (10) Expand existing programs to promote sus4 tainable forest stewardship through increased under5 standing, in partnership with other Federal agencies, 

6 of the over 10 million family forest owners, their de7 mographics, and the barriers to forest stewardship. 

8 (11) Implement procedures to improve the sta9 tistical precision of estimates at the sub-State level. 

10 (c) SUBMISSION OF REVISED STRATEGIC PLAN.— 

11 The Secretary of Agriculture shall submit the revised stra12 tegic plan to the Committee on Agriculture of the House 

13 of Representatives and the Committee on Agriculture, Nu14 trition, and Forestry of the Senate. 

15 SEC. 7402. FOREST SERVICE PARTICIPATION IN ACES PRO16 GRAM. 

17 The Secretary of Agriculture, acting through the 

18 Chief of the Forest Service, may use funds derived from 

19 conservation-related programs executed on National For20 est System lands to utilize the Agriculture Conservation 

21 Experienced Services Program established pursuant to 

22 section 1252 of the Food Security Act of 1985 (16 U.S.C. 

23 3851) to provide technical services for conservation-re24 lated programs and authorities carried out by the Sec25 retary on National Forest System lands. 


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1 SEC. 7403. GREEN SCIENCE AND TECHNOLOGY TRANSFER 

2 RESEARCH UNDER FOREST AND RANGELAND 

3 RENEWABLE RESOURCES RESEARCH ACT OF 

4 1978. 

5 (a) ADDITIONAL FORESTRY AND RANGELAND RE6 SEARCH AND EDUCATION HIGH PRIORITY.—Section 

7 3(d)(2) of the Forest and Rangeland Renewable Resources 

8 Research Act of 1978 (16 U.S.C. 1642(d)(2)) is amended 

9 by adding at the end the following new subparagraph: 

10 ‘‘(F) Science and technology transfer, 

11 through the Forest Products Laboratory, to 

12 demonstrate the beneficial characteristics of 

13 wood as a green building material, including in14 vestments in life cycle assessment for wood 

15 products.’’. 

16 (b) RESEARCH FACILITIES AND COOPERATION.— 

17 Section 4 of the Forest and Rangeland Renewable Re18 sources Research Act of 1978 (16 U.S.C. 1643) is amend19 ed by adding at the end the following new subsection: 

20 ‘‘(e) The Secretary shall submit to the Committee on 

21 Agriculture of the House of Representatives and the Com22 mittee on Agriculture, Nutrition, and Forestry of the Sen23 ate an annual report describing, for the period covered by 

24 the report— 


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1 ‘‘(1) the research conducted in furtherance of 

2 the research and education priority specified in sec3 tion 3(d)(2)(F); 

4 ‘‘(2) the number of buildings the Forest Service 

5 has built with wood as the primary structural mate6 rial; and 

7 ‘‘(3) the investments made by the Forest Serv8 ice in green building wood promotion.’’. 

9 SEC. 7404. EXTENSION OF STEWARDSHIP CONTRACTS AU10 THORITY REGARDING USE OF DESIGNATION 

11 BY PRESCRIPTION TO ALL THINNING SALES 

12 UNDER NATIONAL FOREST MANAGEMENT 

13 ACT OF 1976. 

14 Subsection (g) of section 14 of the National Forest 

15 Management Act of 1976 (16 U.S.C. 472a) is amended 

16 to read as follows: 

17 ‘‘(g) Designation, including but not limited to, mark18 ing when necessary, designation by description, or des19 ignation by prescription, and supervision of harvesting of 

20 trees, portions of trees, or forest products shall be con21 ducted by persons employed by the Secretary of Agri22 culture. Such persons shall have no personal interest in 

23 the purchase or harvest of such products and shall not 

24 be directly or indirectly in the employment of the pur25 chaser thereof. Designation by prescription and designaVerDate Mar 15 2010 21:18 Jul 16, 2013 Jkt 029200 PO 00000 Frm 00430 Fmt 6652 Sfmt 6201 E:\BILLS\H2642.PCS H2642

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1 tion by prescription shall be considered valid methods for 

2 designation, and may be supervised by use of post-harvest 

3 cruise, sample weight scaling, or other methods deter4 mined by the Secretary to be appropriate.’’. 

5 SEC. 7405. REIMBURSEMENT OF FIRE FUNDS EXPENDED BY 

6 A STATE FOR MANAGEMENT AND SUPPRES7 SION OF CERTAIN WILDFIRES. 

8 (a) DEFINITION OF STATE.—In this section, the term 

9 ‘‘State’’ includes the Commonwealth of Puerto Rico. 

10 (b) REIMBURSEMENT AUTHORITY.—If a State seeks 

11 reimbursement for amounts expended for resources and 

12 services provided to another State for the management 

13 and suppression of a wildfire, the Secretary of Agriculture, 

14 subject to subsections (c) and (d)— 

15 (1) may accept the reimbursement amounts 

16 from the other State; and 

17 (2) shall pay those amounts to the State seek18 ing reimbursement. 

19 (c) MUTUAL ASSISTANCE AGREEMENT.—As a condi20 tion of seeking and providing reimbursement under sub21 section (b), the State seeking reimbursement and the 

22 State providing reimbursement must each have a mutual 

23 assistance agreement with the Forest Service or an agency 

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1 ing wildfire management and suppression resources and 

2 services. 

3 (d) TERMS AND CONDITIONS.—The Secretary of Ag4 riculture may prescribe the terms and conditions deter5 mined to be necessary to carry out subsection (b). 

6 (e) EFFECT ON PRIOR REIMBURSEMENTS.—Any ac7 ceptance of funds or reimbursements made by the Sec8 retary of Agriculture before the date of enactment of this 

9 Act that otherwise would have been authorized under this 

10 section shall be considered to have been made in accord11 ance with this section. 

12 SEC. 7406. ABILITY OF NATIONAL FOREST SYSTEM LANDS 

13 TO MEET NEEDS OF LOCAL WOOD PRO14 DUCING FACILITIES FOR RAW MATERIALS. 

15 Not later than one year after the date of the enact16 ment of this Act, the Secretary of Agriculture shall submit 

17 to Congress a report containing— 

18 (1) an assessment of the raw material needs of 

19 wood producing facilities located within the bound20 aries of each unit of the National Forest System or 

21 located outside of the unit, but within 100 miles of 

22 such boundaries; 

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1 ally sold its Allowable Sale Quantity in the current 

2 Forest Plan; 

3 (3) the volume of timber actually sold and har4 vested from each unit of the National Forest System 

5 for the previous decade; 

6 (4) a comparison of the volume actually sold 

7 and harvested from the previous decade to the Al8 lowable Sale Quantity calculated in that decade by 

9 preceding or current forest plans; and 

10 (5) an assessment of the ability of each unit of 

11 National Forest System to meet the needs of these 

12 facilities for raw materials. 

13 SEC. 7407. REPORT ON THE NATIONAL FOREST SYSTEM 

14 ROADS. 

15 Not later than 90 days after the date of the enact16 ment of this Act, the Secretary shall submit to Congress 

17 a report on the following: 

18 (1) The total mileage of National Forest Sys19 tem roads and trails not meeting forest plan stand20 ards and guidelines. 

21 (2) The total amount, in dollars, of Capital Im22 provement & Maintenance deferred maintenance 

23 needs for National Forest System roads, including a 

24 five-year analysis in the trend in total deferred 

25 maintenance costs. 


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1 (3) The sources of funds used for capital im2 provement & maintenance roads, including appro3 priated funds, mandatory funds, and receipts from 

4 activities on National Forest System lands. 

5 (4) The impact of road closures on recreational 

6 activities and timber harvesting. 

7 (5) The impact on land acquisitions, whether 

8 through fee acquisition, donation, or easement, on 

9 the maintenance backlog. 

10 SEC. 7408. FOREST SERVICE LARGE AIRTANKER AND AER11 IAL ASSET FIREFIGHTING RECAPITALIZA12 TION PILOT PROGRAM. 

13 (a) IN GENERAL.—Subject to the availability of ap14 propriations, the Secretary, acting through the Chief of 

15 the Forest Service, may establish a large airtanker and 

16 aerial asset lease program in accordance with this section. 

17 (b) AIRCRAFT REQUIREMENTS.—In carrying out the 

18 program described in subsection (a), the Secretary may 

19 enter into a multiyear lease contract for up to five aircraft 

20 that meet the criteria— 

21 (1) described in the Forest Service document 

22 entitled ‘‘Large Airtanker Modernization Strategy’’ 

23 and dated February 10, 2012, for large airtankers; 

24 and 


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1 (2) determined by the Secretary, for other aer2 ial assets. 

3 (c) LEASE TERMS.—The term of any individual lease 

4 agreement into which the Secretary enters under this sec5 tion shall be— 

6 (1) up to five years, inclusive of any options to 

7 renew or extend the initial lease term; and 

8 (2) in accordance with section 3903 of title 41, 

9 United States Code. 

10 (d) PROHIBITION.—No lease entered into under this 

11 section shall provide for the purchase of the aircraft by, 

12 or the transfer of ownership to, the Forest Service. 

13 SEC. 7409. LAND CONVEYANCE, JEFFERSON NATIONAL 

14 FOREST IN WISE COUNTY, VIRGINIA. 

15 (a) CONVEYANCE REQUIRED.—Upon payment by the 

16 Association of the consideration under subsection (b) and 

17 the costs under subsection (d), the Secretary shall, subject 

18 to valid existing rights, convey to the Association all right, 

19 title, and interest of the United States in and to a parcel 

20 of National Forest System land in the Jefferson National 

21 Forest in Wise County, Virginia, consisting of approxi22 mately 0.70 acres and containing the Mullins and Sturgill 

23 Cemetery and an easement to provide access to the parcel, 

24 as generally depicted on the map. 

25 (b) CONSIDERATION.— 


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1 (1) FAIR MARKET VALUE.—As consideration for 

2 the land conveyed under subsection (a), the Associa3 tion shall pay to the Secretary cash in an amount 

4 equal to the market value of the land, as determined 

5 by an appraisal approved by the Secretary and con6 ducted in conformity with the Uniform Appraisal 

7 Standards for Federal Land Acquisitions and section 

8 206 of the Federal Land Policy and Management 

9 Act of 1976 (43 U.S.C. 1716). 

10 (2) DEPOSIT.—The consideration received by 

11 the Secretary under paragraph (1) shall be deposited 

12 into the general fund of the Treasury of the United 

13 States for the purposes of deficit reduction. 

14 (c) DESCRIPTION OF PROPERTY.—The exact acreage 

15 and legal description of the land to be conveyed under sub16 section (a) shall be determined by a survey satisfactory 

17 to the Secretary. 

18 (d) COSTS.—The Association shall pay to the Sec19 retary at closing the reasonable costs of the survey, the 

20 appraisal, and any administrative and environmental anal21 yses required by law. 

22 (e) DEFINITIONS.—In this section: 

23 (1) ASSOCIATION.—The term ‘‘Association’’ 

24 means the Mullins and Sturgill Cemetery Associa25 tion of Pound, Virginia. 


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1 (2) MAP.—The term ‘‘map’’ means the map ti2 tled ‘‘Mullins and Sturgill Cemetery’’ dated March 

3 1, 2013. 

4 (3) SECRETARY.—The term ‘‘Secretary’’ means 

5 the Secretary of Agriculture. 

6 (f) ADDITIONAL TERMS AND CONDITIONS.—The Sec7 retary may require such additional terms and conditions 

8 in connection with the conveyance under subsection (a) as 

9 the Secretary considers appropriate to protect the inter10 ests of the United States. 

11 SEC. 7410. CATEGORICAL EXCLUSION FOR FOREST 

12 PROJECTS IN RESPONSE TO EMERGENCIES. 

13 In the case of National Forest System land damaged 

14 by a natural disaster regarding which the President de15 clares a disaster or emergency pursuant to the Robert T. 

16 Stafford Disaster Relief and Emergency Assistance Act 

17 (42 U.S.C. 5121 et seq.), any forest project carried out 

18 to clean up or restore the damaged National Forest Sys19 tem land during the two-year period beginning on the date 

20 of the declaration shall be categorically excluded from the 

21 requirements relating to environmental assessments or en22 vironmental impact statements under section 1508.4 of 

23 title 40, Code of Federal Regulations. 


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1 TITLE VIII—ENERGY 

2 SEC. 8001. DEFINITION OF RENEWABLE ENERGY SYSTEM. 

3 Section 9001 of the Farm Security and Rural Invest4 ment Act of 2002 (7 U.S.C. 8101) is amended by— 

5 (1) striking paragraph (4) and inserting the fol6 lowing new paragraph: 

7 ‘‘(4) BIOBASED PRODUCT.— 

8 ‘‘(A) IN GENERAL.—The term ‘biobased 

9 product’ means a product determined by the 

10 Secretary to be a commercial or industrial prod11 uct (other than food or feed) that is— 

12 ‘‘(i) composed, in whole or in signifi13 cant part, of biological products, including 

14 renewable domestic agricultural materials 

15 and forestry materials; or 

16 ‘‘(ii) an intermediate ingredient or 

17 feedstock. 

18 ‘‘(B) INCLUSION.—The term ‘biobased 

19 product’, with respect to forestry materials, in20 cludes forest products that meet biobased con21 tent requirements, notwithstanding the market 

22 share the product holds, the age of the product, 

23 or whether the market for the product is new 

24 or emerging.’’; 


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1 (2) redesignating paragraphs (9), (10), (11), 

2 (12), (13), and (14) as paragraphs (10), (11), (12), 

3 (13), (14), and (16); 

4 (3) inserting after paragraph (8), the following 

5 new paragraph: 

6 ‘‘(9) FOREST PRODUCT.— 

7 ‘‘(A) IN GENERAL.—The term ‘forest prod8 uct’ means a product made from materials de9 rived from the practice of forestry or the man10 agement of growing timber. 

11 ‘‘(B) INCLUSIONS.—The term ‘forest prod12 uct’ includes— 

13 ‘‘(i) pulp, paper, paperboard, pellets, 

14 lumber, and other wood products; and 

15 ‘‘(ii) any recycled products derived 

16 from forest materials.’’; and 

17 (4) inserting after paragraph (14) (as so redes18 ignated), the following new paragraph: 

19 ‘‘(15) RENEWABLE ENERGY SYSTEM.— 

20 ‘‘(A) IN GENERAL.—Subject to subpara21 graph (B), the term ‘renewable energy system’ 

22 means a system that— 

23 ‘‘(i) produces usable energy from a re24 newable energy source; and 


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1 ‘‘(ii) may include distribution compo2 nents necessary to move energy produced 

3 by such system to the initial point of sale. 

4 ‘‘(B) LIMITATION.—A system described in 

5 subparagraph (A) may not include a mechanism 

6 for dispensing energy at retail.’’. 

7 SEC. 8002. BIOBASED MARKETS PROGRAM. 

8 Section 9002(h) of the Farm Security and Rural In9 vestment Act of 2002 (7 U.S.C. 8102(h)) is amended by— 

10 (1) striking ‘‘(h) FUNDING.—’’ and all that fol11 lows through ‘‘to carry out this section, there’’ and 

12 inserting ‘‘(h) FUNDING.—There’’; and 

13 (2) striking ‘‘2013’’ and inserting ‘‘2018’’. 

14 SEC. 8003. BIOREFINERY ASSISTANCE. 

15 (a) PROGRAM ADJUSTMENTS.—Section 9003 of the 

16 Farm Security and Rural Investment Act of 2002 (7 

17 U.S.C. 8103) is amended— 

18 (1) in subsection (c), by striking ‘‘to eligible en19 tities’’ and all that follows through ‘‘guarantees for 

20 loans’’ and inserting ‘‘to eligible entities guarantees 

21 for loans’’; 

22 (2) by striking subsection (d); 

23 (3) by redesignating subsections (e), (f), (g), 

24 and (h) as subsections (d), (e), (f), and (g), respec25 tively; and 


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1 (4) in subsection (d) (as so redesignated)— 

2 (A) by striking ‘‘subsection (c)(2)’’ each 

3 place it appears and inserting ‘‘subsection (c)’’; 

4 and 

5 (B) in paragraph (2)(C), by striking ‘‘sub6 section (h)’’ and inserting ‘‘subsection (g)’’. 

7 (b) FUNDING.—Section 9003(g) of the Farm Secu8 rity and Rural Investment Act of 2002, as redesignated 

9 by subsection (a)(3), is amended— 

10 (1) by striking paragraph (1); 

11 (2) by redesignating paragraph (2) as para12 graph (1); 

13 (3) in paragraph (1) (as so redesignated)— 

14 (A) in the heading, by striking ‘‘DISCRE15 TIONARY FUNDING’’ and inserting ‘‘FISCAL

16 YEARS 2009 THROUGH 2013’’; and 

17 (B) by striking ‘‘In addition to any other 

18 funds made available to carry out this section, 

19 there’’ and inserting ‘‘There’’; and 

20 (4) by adding at the end the following new 

21 paragraph: 

22 ‘‘(2) FISCAL YEARS 2014 THROUGH 2018.— 

23 There are authorized to be appropriated to carry out 

24 this section $75,000,000 for each of fiscal years 

25 2014 through 2018.’’. 


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1 SEC. 8004. REPOWERING ASSISTANCE PROGRAM. 

2 Section 9004(d) of the Farm Security and Rural In3 vestment Act of 2002 (7 U.S.C. 8104(d)) is amended— 

4 (1) by striking paragraph (1); 

5 (2) by redesignating paragraph (2) as para6 graph (1); 

7 (3) in paragraph (1) (as so redesignated)— 

8 (A) in the heading, by striking ‘‘DISCRE9 TIONARY FUNDING’’ and inserting ‘‘FISCAL

10 YEARS 2009 THROUGH 2013’’; and 

11 (B) by striking ‘‘In addition to any other 

12 funds made available to carry out this section, 

13 there’’ and inserting ‘‘There’’; and 

14 (4) by adding at the end the following new 

15 paragraph: 

16 ‘‘(2) FISCAL YEARS 2014 THROUGH 2018.— 

17 There are authorized to be appropriated to carry out 

18 this section $10,000,000 for each of fiscal years 

19 2014 through 2018.’’. 

20 SEC. 8005. BIOENERGY PROGRAM FOR ADVANCED 

21 BIOFUELS. 

22 Section 9005(g) of the Farm Security and Rural In23 vestment Act of 2002 (7 U.S.C. 8105(c)) is amended— 

24 (1) by striking paragraph (1); 

25 (2) by redesignating paragraph (2) as para26 graph (1); 


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1 (3) in paragraph (1) (as so redesignated)— 

2 (A) in the heading, by striking ‘‘DISCRE3 TIONARY FUNDING’’ and inserting ‘‘FISCAL

4 YEARS 2009 THROUGH 2013’’; and 

5 (B) by striking ‘‘In addition to any other 

6 funds made available to carry out this section, 

7 there’’ and inserting ‘‘There’’; and 

8 (4) by inserting after paragraph (1) (as so re9 designated) the following new paragraph: 

10 ‘‘(2) FISCAL YEARS 2014 THROUGH 2018.— 

11 There are authorized to be appropriated to carry out 

12 this section $50,000,000 for each of fiscal years 

13 2014 through 2018.’’. 

14 SEC. 8006. BIODIESEL FUEL EDUCATION PROGRAM. 

15 Section 9006(d) of the Farm Security and Rural In16 vestment Act of 2002 (7 U.S.C. 8106(d)) is amended— 

17 (1) by striking paragraph (1); 

18 (2) by redesignating paragraph (2) as para19 graph (1); 

20 (3) in the heading of paragraph (1) (as so re21 designated), by striking ‘‘AUTHORIZATION OF AP22 PROPRIATIONS’’ and inserting ‘‘FISCAL YEAR 2013’’; 

23 and 

24 (4) by adding at the end the following new 

25 paragraph: 


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1 ‘‘(2) FISCAL YEARS 2014 THROUGH 2018.— 

2 There are authorized to be appropriated to carry out 

3 this section $2,000,000 for each of fiscal years 2014 

4 through 2018.’’. 

5 SEC. 8007. RURAL ENERGY FOR AMERICA PROGRAM. 

6 (a) TIERED APPLICATION PROCESS.—Section 

7 9007(c) of the Farm Security and Rural Investment Act 

8 of 2002 (7 U.S.C. 8107(c)) is amended— 

9 (1) by redesignating paragraphs (2) and (3) as 

10 paragraphs (3) and (4), respectively; and 

11 (2) by inserting after paragraph (1) the fol12 lowing new paragraph: 

13 ‘‘(2) TIERED APPLICATION PROCESS.—In car14 rying out this subsection, the Secretary shall estab15 lish a three-tiered application, evaluation, and over16 sight process that varies based on the cost of the 

17 proposed project with the process most simplified for 

18 projects referred to in subparagraph (A), more com19 prehensive for projects referred to in subparagraph 

20 (B), and most comprehensive for projects referred to 

21 in subparagraph (C). The three tiers for such proc22 ess shall be as follows: 

23 ‘‘(A) TIER 1.—Projects for which the cost 

24 of the project funded under this subsection is 

25 not more than $80,000. 


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1 ‘‘(B) TIER 2.—Projects for which the cost 

2 of the project funded under this subsection is 

3 more than $80,000 but less than $200,000. 

4 ‘‘(C) TIER 3.—Projects for which the cost 

5 of the project funded under this subsection is 

6 $200,000 or more.’’. 

7 (b) FUNDING.—Section 9007(g) of the Farm Secu8 rity and Rural Investment Act of 2002 (7 U.S.C. 8107(g)) 

9 is amended— 

10 (1) by striking paragraphs (1) and (2); 

11 (2) by redesignating paragraph (3) as para12 graph (1); 

13 (3) in paragraph (1) (as so redesignated)— 

14 (A) in the heading, by striking ‘‘DISCRE15 TIONARY FUNDING’’ and inserting ‘‘FISCAL

16 YEARS 2009 THROUGH 2013’’; and 

17 (B) by striking ‘‘In addition to any other 

18 funds made available to carry out this section, 

19 there’’ and inserting ‘‘There’’; and 

20 (4) by adding at the end the following new 

21 paragraph: 

22 ‘‘(2) FISCAL YEARS 2014 THROUGH 2018.— 

23 There are authorized to be appropriated to carry out 

24 this section $45,000,000 for each of fiscal years 

25 2014 through 2018.’’. 


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1 SEC. 8008. BIOMASS RESEARCH AND DEVELOPMENT. 

2 Section 9008(h) of the Farm Security and Rural In3 vestment Act of 2002 (7 U.S.C. 8108(h)) is amended— 

4 (1) by striking paragraph (1); 

5 (2) by redesignating paragraph (2) as para6 graph (1); 

7 (3) in paragraph (1) (as so redesignated)— 

8 (A) in the heading, by striking ‘‘DISCRE9 TIONARY FUNDING’’ and inserting ‘‘FISCAL

10 YEARS 2009 THROUGH 2013’’; and 

11 (B) by striking ‘‘In addition to any other 

12 funds made available to carry out this section, 

13 there’’ and inserting ‘‘There’’; and 

14 (4) by adding at the end the following new 

15 paragraph: 

16 ‘‘(2) FISCAL YEARS 2014 THROUGH 2018.— 

17 There are authorized to be appropriated to carry out 

18 this section $20,000,000 for each of fiscal years 

19 2014 through 2018.’’. 

20 SEC. 8009. FEEDSTOCK FLEXIBILITY PROGRAM FOR BIO21 ENERGY PRODUCERS. 

22 Section 9010(b) of the Farm Security and Rural In23 vestment Act of 2002 (7 U.S.C. 8110(b)) is amended— 

24 (1) in paragraph (1)(A), by striking ‘‘2013’’ 

25 and inserting ‘‘2018’’; and 


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1 (2) in paragraph (2)(A), by striking ‘‘2013’’ 

2 and inserting ‘‘2018’’. 

3 SEC. 8010. BIOMASS CROP ASSISTANCE PROGRAM. 

4 Section 9011 of the Farm Security and Rural Invest5 ment Act of 2002 (7 U.S.C. 8111) is amended— 

6 (1) in subsection (a)— 

7 (A) by striking paragraph (6); and 

8 (B) by redesignating paragraphs (7) and 

9 (8) as paragraphs (6) and (7), respectively; 

10 (2) in subsection (b)— 

11 (A) by striking ‘‘Program to’’ and all that 

12 follows through ‘‘support the establishment’’ 

13 and inserting ‘‘Program to support the estab14 lishment’’; 

15 (B) by striking ‘‘; and’’ and inserting a pe16 riod; and 

17 (C) by striking paragraph (2); 

18 (3) in subsection (c)— 

19 (A) in paragraph (2)(B)— 

20 (i) in clause (viii), by striking ‘‘; and’’ 

21 and inserting a semicolon; 

22 (ii) by redesignating clause (ix) as 

23 clause (x); and 

24 (iii) by inserting after clause (viii) the 

25 following new clause: 


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1 ‘‘(ix) existing project areas that have 

2 received funding under this section and the 

3 continuation of funding of such project 

4 areas to advance the maturity of such 

5 project areas; and’’; and 

6 (B) in paragraph (5)(C)(ii)— 

7 (i) by striking subclause (III); and 

8 (ii) by redesignating subclauses (IV) 

9 and (V) as subclauses (III) and (IV), re10 spectively; 

11 (4) by striking subsection (d); 

12 (5) by redesignating subsections (e) and (f) as 

13 subsections (d) and (e), respectively; and 

14 (6) in subsection (e) (as so redesignated)— 

15 (A) by striking paragraph (1); 

16 (B) by redesignating paragraph (2) as 

17 paragraph (1); 

18 (C) in paragraph (1) (as so redesig19 nated)— 

20 (i) by striking ‘‘FISCAL YEAR 2013’’ 

21 and all that follows through ‘‘There is au22 thorized’’ and inserting ‘‘FISCAL YEAR

23 2013.—There is authorized’’; and 

24 (ii) by redesignating subparagraph 

25 (B) as paragraph (3) and moving the marVerDate Mar 15 2010 21:18 Jul 16, 2013 Jkt 029200 PO 00000 Frm 00448 Fmt 6652 Sfmt 6201 E:\BILLS\H2642.PCS H2642

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1 gin of such paragraph (as so redesignated) 

2 two ems to the left; 

3 (D) by inserting after paragraph (1), the 

4 following new paragraph: 

5 ‘‘(2) FISCAL YEARS 2014 THROUGH 2018.— 

6 There are authorized to be appropriated to carry out 

7 this section $75,000,000 for each of fiscal years 

8 2014 through 2018.’’; and 

9 (E) in paragraph (3) (as redesignated by 

10 subparagraph (C)(ii) of this paragraph), by 

11 striking ‘‘this paragraph’’ and inserting ‘‘this 

12 subsection’’. 

13 SEC. 8011. COMMUNITY WOOD ENERGY PROGRAM. 

14 Section 9013(e) of the Farm Security and Rural In15 vestment Act of 2002 (7 U.S.C. 8113(e)) is amended by 

16 striking ‘‘carry out this section’’ and all that follows and 

17 inserting the following: ‘‘carry out this section— 

18 ‘‘(1) $5,000,000 for each of fiscal years 2009 

19 through 2013; and 

20 ‘‘(2) $2,000,000 for each of fiscal years 2014 

21 through 2018.’’. 

22 SEC. 8012. REPEAL OF BIOFUELS INFRASTRUCTURE STUDY. 

23 Section 9002 of the Food, Conservation, and Energy 

24 Act of 2008 (Public Law 110–246; 122 Stat. 2095) is re25 pealed. 


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1 SEC. 8013. REPEAL OF RENEWABLE FERTILIZER STUDY. 

2 Section 9003 of the Food, Conservation, and Energy 

3 Act of 2008 (Public Law 110–246; 122 Stat. 2096) is re4 pealed. 

5 SEC. 8014. ENERGY EFFICIENCY REPORT FOR USDA FACILI6 TIES. 

7 (a) REPORT.—Not later than 180 days after the date 

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

9 shall submit to the Committee on Agriculture of the House 

10 of Representatives and the Committee on Agriculture, Nu11 trition, and Forestry of the Senate a report on energy use 

12 and energy efficiency projects at Department of Agri13 culture facilities. 

14 (b) CONTENTS.—The report required by subsection 

15 (a) shall include the following: 

16 (1) An analysis of energy use by Department of 

17 Agriculture facilities. 

18 (2) A list of energy audits that have been con19 ducted at such facilities. 

20 (3) A list of energy efficiency projects that have 

21 been conducted at such facilities. 

22 (4) A list of energy savings projects that could 

23 be achieved with enacting a consistent, timely, and 

24 proper mechanical insulation maintenance program 

25 and upgrading mechanical insulation at such facili26 ties. 


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1 TITLE IX—HORTICULTURE 

2 SEC. 9001. SPECIALTY CROPS MARKET NEWS ALLOCATION. 

3 Section 10107(b) of the Food, Conservation, and En4 ergy Act of 2008 (7 U.S.C. 1622b(b)) is amended by strik5 ing ‘‘2012’’ and inserting ‘‘2018’’. 

6 SEC. 9002. REPEAL OF GRANT PROGRAM TO IMPROVE 

7 MOVEMENT OF SPECIALTY CROPS. 

8 Effective October 1, 2013, section 10403 of the Food, 

9 Conservation, and Energy Act of 2008 (7 U.S.C. 1622c) 

10 is repealed. 

11 SEC. 9003. FARMERS MARKET AND LOCAL FOOD PRO12 MOTION PROGRAM. 

13 Section 6 of the Farmer-to-Consumer Direct Mar14 keting Act of 1976 (7 U.S.C. 3005) is amended— 

15 (1) in the heading of such section, by inserting 

16 ‘‘AND LOCAL FOOD’’ after ‘‘FARMERS’ MAR17 KET’’; 

18 (2) in subsection (a)— 

19 (A) by inserting ‘‘and Local Food’’ after 

20 ‘‘Farmers’ Market’’; 

21 (B) by striking ‘‘farmers’ markets and to 

22 promote’’; and 

23 (C) by striking the period and inserting 

24 ‘‘and assist in the development of local food 

25 business enterprises.’’; 


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1 (3) by striking subsection (b) and inserting the 

2 following new subsection: 

3 ‘‘(b) PROGRAM PURPOSES.—The purposes of the 

4 Program are to increase domestic consumption of, and 

5 consumer access to, locally and regionally produced agri6 cultural products by assisting in the development, im7 provement, and expansion of— 

8 ‘‘(1) domestic farmers’ markets, roadside 

9 stands, community-supported agriculture programs, 

10 agritourism activities, and other direct producer-to11 consumer market opportunities; and 

12 ‘‘(2) local and regional food business enter13 prises that process, distribute, aggregate, and store 

14 locally or regionally produced food products.’’; 

15 (4) in subsection (c)(1)— 

16 (A) by inserting ‘‘or other agricultural 

17 business entity’’ after ‘‘cooperative’’; and 

18 (B) by inserting ‘‘, including a community 

19 supported agriculture network or association’’ 

20 after ‘‘association’’; 

21 (5) by redesignating subsection (e) as sub22 section (f); 

23 (6) by inserting after subsection (d) the fol24 lowing new subsection: 


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1 ‘‘(e) FUNDS REQUIREMENTS FOR ELIGIBLE ENTI2 TIES.— 

3 ‘‘(1) MATCHING FUNDS.—An entity receiving a 

4 grant under this section for a project to carry out 

5 a purpose described in subsection (b)(2) shall pro6 vide matching funds in the form of cash or an in7 kind contribution in an amount equal to 25 percent 

8 of the total cost of such project. 

9 ‘‘(2) LIMITATION ON USE OF FUNDS.—An eligi10 ble entity may not use a grant or other assistance 

11 provided under this section for the purchase, con12 struction, or rehabilitation of a building or struc13 ture.’’; and 

14 (7) in subsection (f) (as redesignated by para15 graph (5))— 

16 (A) in paragraph (1)— 

17 (i) in subparagraph (B), by striking 

18 ‘‘and’’ at the end; 

19 (ii) in subparagraph (C), by striking 

20 the period at the end and inserting ‘‘; 

21 and’’; and 

22 (iii) by adding at the end the fol23 lowing new subparagraph: 

24 ‘‘(D) $30,000,000 for each of fiscal years 

25 2014 through 2018.’’; 


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1 (B) by striking paragraphs (3) and (5); 

2 (C) by redesignating paragraph (4) as 

3 paragraph (6); and 

4 (D) by inserting after paragraph (2) the 

5 following new paragraphs: 

6 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

7 There are authorized to be appropriated to carry out 

8 this section $10,000,000 for each of fiscal years 

9 2014 through 2018. 

10 ‘‘(4) USE OF FUNDS.—Of the funds made avail11 able to carry out this section for a fiscal year, 50 

12 percent of such funds shall be used for the purposes 

13 described in paragraph (1) of subsection (b) and 50 

14 percent of such funds shall be used for the purposes 

15 described in paragraph (2) of such subsection. 

16 ‘‘(5) LIMITATION ON ADMINISTRATIVE EX17 PENSES.—Not more than 3 percent of the total 

18 amount made available to carry out this section for 

19 a fiscal year may be used for administrative ex20 penses.’’. 

21 SEC. 9004. ORGANIC AGRICULTURE. 

22 (a) ORGANIC PRODUCTION AND MARKET DATA INI23 TIATIVES.—Section 7407(d)(2) of the Farm Security and 

24 Rural Investment Act of 2002 (7 U.S.C. 5925c(d)(2)) is 

25 amended— 


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1 (1) in the heading of such paragraph, by strik2 ing ‘‘2008 THROUGH 2012’’ and inserting ‘‘2014

3 THROUGH 2018’’; and 

4 (2) by striking ‘‘2008 through 2012’’ and in5 serting ‘‘2014 through 2018’’. 

6 (b) MODERNIZATION AND TECHNOLOGY UPGRADE

7 FOR NATIONAL ORGANIC PROGRAM.—Section 2122 of the 

8 Organic Foods Production Act of 1990 (7 U.S.C. 6521) 

9 is amended by adding at the end the following new sub10 section: 

11 ‘‘(c) MODERNIZATION AND TECHNOLOGY UPGRADE

12 FOR NATIONAL ORGANIC PROGRAM.—The Secretary shall 

13 modernize database and technology systems of the na14 tional organic program.’’. 

15 (c) AUTHORIZATION OF APPROPRIATIONS FOR NA16 TIONAL ORGANIC PROGRAM.—Effective October 1, 2013, 

17 section 2123(b)(6) of the Organic Foods Production Act 

18 of 1990 (7 U.S.C. 6522(b)(6)) is amended to read as fol19 lows: 

20 ‘‘(6) $11,000,000 for each of fiscal years 2014 

21 through 2018.’’. 

22 (d) NATIONAL ORGANIC CERTIFICATION COST23 SHARE PROGRAM.—Effective October 1, 2013, section 

24 10606 of the Farm Security and Rural Investment Act 

25 of 2002 (7 U.S.C. 6523) is repealed. 


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1 (e) EXEMPTION OF CERTIFIED ORGANIC PRODUCTS

2 FROM PROMOTION ORDER ASSESSMENTS.—Subsection 

3 (e) of section 501 of the Federal Agriculture Improvement 

4 and Reform Act of 1996 (7 U.S.C. 7401) is amended to 

5 read as follows: 

6 ‘‘(e) EXEMPTION OF CERTIFIED ORGANIC PRODUCTS

7 FROM PROMOTION ORDER ASSESSMENTS.— 

8 ‘‘(1) IN GENERAL.—Notwithstanding any provi9 sion of a commodity promotion law, a person that 

10 produces, handles, markets, or imports organic prod11 ucts may be exempt from the payment of an assess12 ment under a commodity promotion law with respect 

13 to any agricultural commodity that is certified as 

14 ‘organic’ or ‘100 percent organic’ (as defined in part 

15 205 of title 7, Code of Federal Regulations or a suc16 cessor regulation). 

17 ‘‘(2) SPLIT OPERATIONS.—The exemption de18 scribed in paragraph (1) shall apply to the certified 

19 ‘organic’ or ‘100 percent organic’ (as defined in part 

20 205 of title 7 of the Code of Federal Regulations (or 

21 a successor regulation)) products of a producer, han22 dler, or marketer regardless of whether the agricul23 tural commodity subject to the exemption is pro24 duced, handled, or marketed by a person that also 

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1 organic agricultural products, including conventional 

2 or nonorganic agricultural products of the same ag3 ricultural commodity as that for which the exemp4 tion is claimed. 

5 ‘‘(3) APPROVAL.—The Secretary shall approve 

6 the exemption of a person under this subsection if 

7 the person maintains a valid organic certificate 

8 issued under the Organic Foods Production Act of 

9 1990 (7 U.S.C. 6501 et seq.). 

10 ‘‘(4) TERMINATION OF EFFECTIVENESS.—This 

11 subsection shall be effective until the date on which 

12 the Secretary issues an organic commodity pro13 motion order in accordance with subsection (f). 

14 ‘‘(5) REGULATIONS.—The Secretary shall pro15 mulgate regulations concerning eligibility and com16 pliance for an exemption under paragraph (1).’’. 

17 (f) ORGANIC COMMODITY PROMOTION ORDER.—Sec18 tion 501 of the Federal Agriculture Improvement and Re19 form Act of 1996 (7 U.S.C. 7401) is amended by adding 

20 at the end the following new subsection: 

21 ‘‘(f) ORGANIC COMMODITY PROMOTION ORDER.— 

22 ‘‘(1) DEFINITIONS.—In this subsection: 

23 ‘‘(A) CERTIFIED ORGANIC FARM.—The 

24 term ‘certified organic farm’ has the meaning 


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1 given the term in section 2103 of the Organic 

2 Foods Production Act of 1990 (7 U.S.C. 6502). 

3 ‘‘(B) COVERED PERSON.—The term ‘cov4 ered person’ means a producer, handler, mar5 keter, or importer of an organic agricultural 

6 commodity. 

7 ‘‘(C) DUAL-COVERED AGRICULTURAL COM8 MODITY.—The term ‘dual-covered agricultural 

9 commodity’ means an agricultural commodity 

10 that— 

11 ‘‘(i) is produced on a certified organic 

12 farm; and 

13 ‘‘(ii) is covered under both— 

14 ‘‘(I) an organic commodity pro15 motion order issued pursuant to para16 graph (2); and 

17 ‘‘(II) any other agricultural com18 modity promotion order issued under 

19 section 514. 

20 ‘‘(2) AUTHORIZATION.—The Secretary may 

21 issue an organic commodity promotion order under 

22 section 514 that includes any agricultural com23 modity that— 

24 ‘‘(A) is produced or handled (as defined in 

25 section 2103 of the Organic Foods Production 


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1 Act of 1990 (7 U.S.C. 6502)) and that is cer2 tified to be sold or labeled as ‘organic’ or ‘100 

3 percent organic’ (as defined in part 205 of title 

4 7, Code of Federal Regulations or a successor 

5 regulation)); or 

6 ‘‘(B) is imported with a valid organic cer7 tificate (as defined in such part). 

8 ‘‘(3) ELECTION.—If the Secretary issues an or9 ganic commodity promotion order described in para10 graph (2), a covered person may elect, for applicable 

11 dual-covered agricultural commodities and in the 

12 sole discretion of the covered person, whether to be 

13 assessed under the organic commodity promotion 

14 order or another applicable agricultural commodity 

15 promotion order. 

16 ‘‘(4) REGULATIONS.—The Secretary shall pro17 mulgate regulations concerning eligibility and com18 pliance for an exemption under paragraph (1).’’. 

19 (g) DEFINITION OF AGRICULTURAL COMMODITY.— 

20 Section 513(1) of the Commodity Promotion, Research, 

21 and Information Act of 1996 (7 U.S.C. 7412(1)) is 

22 amended— 

23 (1) by redesignating subparagraphs (E) and 

24 (F) as subparagraphs (F) and (G), respectively; and 


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1 (2) by inserting after subparagraph (D) the fol2 lowing new subparagraph: 

3 ‘‘(E) products, as a class, that are pro4 duced on a certified organic farm (as defined in 

5 section 2103 of the Organic Foods Production 

6 Act of 1990 (7 U.S.C. 6502)) and that are cer7 tified to be sold or labeled as ‘organic’ or ‘100 

8 percent organic’ (as defined in part 205 of title 

9 7, Code of Federal Regulations or a successor 

10 regulation);’’. 

11 SEC. 9005. INVESTIGATIONS AND ENFORCEMENT OF THE 

12 ORGANIC FOODS PRODUCTION ACT OF 1990. 

13 The Organic Foods Production Act of 1990 is amend14 ed by inserting after section 2122 (7 U.S.C. 6521) the 

15 following new section: 

16 ‘‘SEC. 2122A. INVESTIGATION AND ENFORCEMENT. 

17 ‘‘(a) EXPEDITED ADMINISTRATIVE HEARING.—The 

18 Secretary shall establish an expedited administrative hear19 ing procedure under which the Secretary may suspend or 

20 revoke the organic certification of a producer or handler 

21 or the accreditation of a certifying agent in accordance 

22 with subsection (d). Such a hearing may be conducted in 

23 addition to a hearing conducted pursuant to section 2120. 

24 ‘‘(b) INVESTIGATION.— 


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1 ‘‘(1) IN GENERAL.—The Secretary may take 

2 such investigative actions as the Secretary considers 

3 to be necessary to carry out this title— 

4 ‘‘(A) to verify the accuracy of any informa5 tion reported or made available under this title; 

6 and 

7 ‘‘(B) to determine, with regard to actions, 

8 practices, or information required under this 

9 title, whether a person covered by this title has 

10 committed a violation of this title. 

11 ‘‘(2) INVESTIGATIVE POWERS.—The Secretary 

12 may administer oaths and affirmations, subpoena 

13 witnesses, compel attendance of witnesses, take evi14 dence, and require the production of any records re15 quired to be maintained under section 2112(d) or 

16 2116(c) that are relevant to the investigation. 

17 ‘‘(c) UNLAWFUL ACT.—It shall be unlawful and a 

18 violation of this title for any person covered by this title— 

19 ‘‘(1) to refuse to provide information required 

20 by the Secretary under this title; or 

21 ‘‘(2) to violate— 

22 ‘‘(A) a suspension or revocation of the or23 ganic certification of a producer or handler; or 

24 ‘‘(B) a suspension or revocation of the ac25 creditation of a certifying agent. 


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1 ‘‘(d) ENFORCEMENT.— 

2 ‘‘(1) SUSPENSION.— 

3 ‘‘(A) IN GENERAL.—The Secretary may, 

4 after notice and opportunity for an expedited 

5 administrative hearing, suspend the organic cer6 tification of a producer, handler or the accredi7 tation of a certifying agent if— 

8 ‘‘(i) the Secretary, during such expe9 dited administrative hearing, proved that— 

10 ‘‘(I) in the case of a producer or 

11 handler, the producer or handler— 

12 ‘‘(aa) has recklessly com13 mitted a violation of a term, con14 dition, or requirement of the or15 ganic plan to which the producer 

16 or handler is subject; or 

17 ‘‘(bb) has recklessly com18 mitted, or is recklessly commit19 ting, a violation of this title; or 

20 ‘‘(II) in the case of a certifying 

21 agent, the agent has recklessly com22 mitted, or is recklessly committing, a 

23 violation of this title; or 


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1 ‘‘(ii) the producer, handler, or certi2 fying agent has waived such expedited ad3 ministrative hearing. 

4 ‘‘(B) ISSUANCE OF SUSPENSION.—A sus5 pension issued under this paragraph shall be 

6 issued not later than five days after the date on 

7 which— 

8 ‘‘(i) the expedited administrative hear9 ing referred to in clause (i) of subpara10 graph (A) concludes; or 

11 ‘‘(ii) the Secretary receives notice of 

12 the waiver referred to in clause (ii) of such 

13 subparagraph. 

14 ‘‘(C) DURATION OF SUSPENSION.—The pe15 riod of a suspension issued under this para16 graph shall be not more than 90 days, begin17 ning on the date on which the Secretary issues 

18 the suspension. 

19 ‘‘(D) CURING OF VIOLATIONS.— 

20 ‘‘(i) IN GENERAL.—The Secretary 

21 may not issue a suspension of a certifi22 cation or accreditation under this para23 graph if the producer, handler, or certi24 fying agent subject to such suspension— 


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1 ‘‘(I) before the date on which the 

2 suspension would otherwise have been 

3 issued, cures, or corrects the defi4 ciency giving rise to, the violation for 

5 which the certification or accreditation 

6 would have been suspended; or 

7 ‘‘(II) within a reasonable time8 frame (as determined by the Sec9 retary), enters into a settlement with 

10 the Secretary regarding a deficiency 

11 referred to in subclause (I). 

12 ‘‘(ii) DURING SUSPENSION.—The Sec13 retary shall terminate the suspension of an 

14 organic certification or accreditation issued 

15 under this paragraph if the producer, han16 dler, or certifying agent subject to such 

17 suspension cures the violation for which 

18 the certification or accreditation was sus19 pended under this paragraph before the 

20 date on which the period of the suspension 

21 ends. 

22 ‘‘(2) REVOCATION.— 

23 ‘‘(A) IN GENERAL.—The Secretary may, 

24 after notice and opportunity for an expedited 

25 administrative hearing under this section and 


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1 an expedited administrative appeal under sec2 tion 2121, revoke the organic certification of a 

3 producer or handler, or the accreditation of a 

4 certifying agent if— 

5 ‘‘(i) the Secretary, during such hear6 ing, proved that— 

7 ‘‘(I) in the case of a producer or 

8 handler, the producer or handler— 

9 ‘‘(aa) has knowingly com10 mitted an egregious violation of a 

11 term, condition, or requirement 

12 of the organic plan to which the 

13 producer or handler is subject; or 

14 ‘‘(bb) has knowingly com15 mitted, or is knowingly commit16 ting, an egregious violation of 

17 this title; or 

18 ‘‘(II) in the case of a certifying 

19 agent, the agent has knowingly com20 mitted, or is knowingly committing, 

21 an egregious violation of this title; or 

22 ‘‘(ii) the producer, handler, or certi23 fying agent has waived such expedited ad24 ministrative hearing and such an expedited 

25 administrative appeal. 


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1 ‘‘(B) INITIATION OF REVOCATION PRO2 CEEDINGS.— 

3 ‘‘(i) IN GENERAL.—If the Secretary 

4 finds, during an investigation or during the 

5 period of a suspension under paragraph 

6 (1), that a producer, handler, or certifying 

7 agent has knowingly committed an egre8 gious violation of this title, the Secretary 

9 shall initiate revocation proceedings with 

10 respect to such violation not later than 30 

11 days after the date on which the producer, 

12 handler, or certifying agent receives notice 

13 of such finding in accordance with clause 

14 (ii). The Secretary may not initiate revoca15 tion proceedings with respect to such viola16 tion after the date on which that 30-day 

17 period ends. 

18 ‘‘(ii) NOTICE.—Not later than five 

19 days after the date on which the Secretary 

20 makes the finding described in clause (i), 

21 the Secretary shall provide to the producer, 

22 handler, or certifying agent notice of such 

23 finding. 

24 ‘‘(e) APPEAL.— 

25 ‘‘(1) SUSPENSIONS.— 


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1 ‘‘(A) IN GENERAL.—The suspension of a 

2 certification or accreditation under subsection 

3 (d)(1) by the Secretary may be appealed to a 

4 United States district court in accordance with 

5 section 2121(b) not later than 30 business days 

6 after the date on which the person subject to 

7 such suspension receives notice of the suspen8 sion. 

9 ‘‘(B) SUSPENSION FINAL AND CONCLU10 SIVE.—A suspension of a certification or ac11 creditation under subsection (d)(1) by the Sec12 retary shall be final and conclusive— 

13 ‘‘(i) in the case of a suspension that 

14 is appealed under subparagraph (A) within 

15 the 30-day period specified in such sub16 paragraph, on the date on which judicial 

17 review of such suspension is complete; or 

18 ‘‘(ii) in the case of a suspension that 

19 is not so appealed, the date on which such 

20 30-day period ends. 

21 ‘‘(2) REVOCATIONS.— 

22 ‘‘(A) IN GENERAL.—The revocation of a 

23 certification or an accreditation under sub24 section (d)(2) by the Secretary may be appealed 

25 to a United States district court in accordance 


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1 with section 2121(b) not later than 30 business 

2 days after the date on which the person subject 

3 to such revocation receives notice of the revoca4 tion. 

5 ‘‘(B) REVOCATION FINAL AND CONCLU6 SIVE.—A revocation of a certification or an ac7 creditation under subsection (d)(2) by the Sec8 retary shall be final and conclusive— 

9 ‘‘(i) in the case of a revocation that is 

10 appealed under subparagraph (A) within 

11 the 30-day period specified in such sub12 paragraph, on the date on which judicial 

13 review of such revocation is complete; or 

14 ‘‘(ii) in the case of a revocation that 

15 is not so appealed, the date on which such 

16 30-day period ends. 

17 ‘‘(3) STANDARDS FOR REVIEW OF SUSPENSIONS

18 AND REVOCATIONS.—A suspension or revocation of a 

19 certification or an accreditation under subsection (d) 

20 shall be reviewed in accordance with the standards 

21 of review specified in section 706(2) of title 5, 

22 United States Code. 

23 ‘‘(f) NONCOMPLIANCE.— 

24 ‘‘(1) IN GENERAL.—If a person covered by this 

25 title fails to obey a revocation of a certification or 


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1 an accreditation under subsection (d)(2) after such 

2 revocation has become final and conclusive or after 

3 the appropriate United States district court has en4 tered a final judgment in favor of the Secretary, the 

5 United States may apply to the appropriate United 

6 States district court for enforcement of such revoca7 tion. 

8 ‘‘(2) ENFORCEMENT.—If the court determines 

9 that the revocation was lawfully made and duly 

10 served and that the person violated the revocation, 

11 the court shall enforce the revocation. 

12 ‘‘(3) CIVIL PENALTY.—If the court finds that 

13 the person violated the revocation of a certification 

14 or an accreditation under subsection (d)(2), the per15 son shall be subject to one or more of the penalties 

16 provided in subsections (a) and (b) of section 2120. 

17 ‘‘(g) VIOLATION OF THIS TITLE DEFINED.—In this 

18 section, the term ‘violation of this title’ means a violation 

19 specified in section 2120.’’. 

20 SEC. 9006. FOOD SAFETY EDUCATION INITIATIVES. 

21 Section 10105 of the Food, Conservation, and En22 ergy Act of 2008 (7 U.S.C. 7655) is amended— 

23 (1) in subsection (a)— 


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1 (A) in the matter preceding paragraph (1), 

2 by inserting ‘‘, including farm workers’’ after 

3 ‘‘industry’’; 

4 (B) in paragraph (1), by striking ‘‘and’’ at 

5 the end; 

6 (C) in paragraph (2), by striking the pe7 riod at the end and inserting ‘‘; and’’; and 

8 (D) by adding at the end the following new 

9 paragraph: 

10 ‘‘(3) practices that prevent bacterial contamina11 tion of food, how to identify sources of food contami12 nation, and other means of decreasing food contami13 nation.’’; and 

14 (2) in subsection (c), by striking ‘‘2012’’ and 

15 inserting ‘‘2018’’. 

16 SEC. 9007. SPECIALTY CROP BLOCK GRANTS. 

17 Section 101 of the Specialty Crops Competitiveness 

18 Act of 2004 (7 U.S.C. 1621 note; Public Law 108–465) 

19 is amended— 

20 (1) in subsection (a)— 

21 (A) by striking ‘‘subsection (j)’’ and insert22 ing ‘‘subsection (l)’’; and 

23 (B) by striking ‘‘2012’’ and inserting 

24 ‘‘2018’’; 


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1 (2) by striking subsection (b) and inserting the 

2 following new subsection: 

3 ‘‘(b) GRANTS BASED ON VALUE AND ACREAGE.— 

4 Subject to subsection (c), for each State whose application 

5 for a grant for a fiscal year that is accepted by the Sec6 retary under subsection (f), the amount of the grant for 

7 such fiscal year to the State under this section shall bear 

8 the same ratio to the total amount made available under 

9 subsection (l)(1) for such fiscal year as— 

10 ‘‘(1) the average of the most recent available 

11 value of specialty crop production in the State and 

12 the acreage of specialty crop production in the State, 

13 as demonstrated in the most recent Census of Agri14 culture data; bears to 

15 ‘‘(2) the average of the most recent available 

16 value of specialty crop production in all States and 

17 the acreage of specialty crop production in all 

18 States, as demonstrated in the most recent Census 

19 of Agriculture data.’’; 

20 (3) in subsection (d)— 

21 (A) in paragraph (2), by striking ‘‘and’’ at 

22 the end; 

23 (B) in paragraph (3), by striking the pe24 riod at the end and inserting ‘‘; and’’; and 


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1 (C) by adding at the end the following new 

2 paragraph: 

3 ‘‘(4) an assurance that any grant funds re4 ceived under this section that are used for equip5 ment or capital-related research costs determined to 

6 enhance the competitiveness of specialty crops— 

7 ‘‘(A) shall be supplemented by the expendi8 ture of State funds in an amount that is not 

9 less than 50 percent of such costs during the 

10 fiscal year in which such costs were incurred; 

11 and 

12 ‘‘(B) shall be completely replaced by State 

13 funds on the day after the date on which such 

14 fiscal year ends.’’; 

15 (4) by redesignating subsection (j) as sub16 section (l); 

17 (5) by inserting after subsection (i) the fol18 lowing new subsections: 

19 ‘‘(j) MULTISTATE PROJECTS.—Not later than 180 

20 days after the effective date of the Federal Agriculture 

21 Reform and Risk Management Act of 2013, the Secretary 

22 of Agriculture shall issue guidance for the purpose of mak23 ing grants to multistate projects under this section for 

24 projects involving— 

25 ‘‘(1) food safety; 


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1 ‘‘(2) plant pests and disease; 

2 ‘‘(3) research; 

3 ‘‘(4) crop-specific projects addressing common 

4 issues; and 

5 ‘‘(5) any other area that furthers the purposes 

6 of this section, as determined by the Secretary. 

7 ‘‘(k) ADMINISTRATION.— 

8 ‘‘(1) DEPARTMENT.—The Secretary of Agri9 culture may not use more than 3 percent of the 

10 funds made available to carry out this section for a 

11 fiscal year for administrative expenses. 

12 ‘‘(2) STATES.—A State receiving a grant under 

13 this section may not use more than 8 percent of the 

14 funds received under the grant for a fiscal year for 

15 administrative expenses.’’; and 

16 (6) in subsection (l) (as redesignated by para17 graph (4))— 

18 (A) by redesignating paragraphs (1), (2), 

19 and (3) as subparagraphs (A), (B), and (C), re20 spectively, and moving the margins of such sub21 paragraphs two ems to the right; 

22 (B) by striking ‘‘Of the funds’’ and insert23 ing the following: 

24 ‘‘(1) IN GENERAL.—Of the funds’’; 

25 (C) in paragraph (1) (as so designated)— 


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1 (i) in subparagraph (B) (as redesig2 nated by subparagraph (A)), by striking 

3 ‘‘and’’ at the end; 

4 (ii) in subparagraph (C) (as redesig5 nated by subparagraph (A)), by striking 

6 the period at the end and inserting a semi7 colon; and 

8 (iii) by adding at the end the fol9 lowing new subparagraphs: 

10 ‘‘(D) $72,500,000 for fiscal years 2014 

11 through 2017; and 

12 ‘‘(E) $85,000,000 for fiscal year 2018.’’; 

13 and 

14 (D) by adding at the end the following new 

15 paragraph: 

16 ‘‘(2) MULTISTATE PROJECTS.—Of the funds 

17 made available under paragraph (1), the Secretary 

18 may use to carry out subsection (j), to remain avail19 able until expended— 

20 ‘‘(A) $1,000,000 for fiscal year 2014; 

21 ‘‘(B) $2,000,000 for fiscal year 2015; 

22 ‘‘(C) $3,000,000 for fiscal year 2016; 

23 ‘‘(D) $4,000,000 for fiscal year 2017; and 

24 ‘‘(E) $5,000,000 for fiscal year 2018.’’. 


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1 SEC. 9008. DEPARTMENT OF AGRICULTURE CONSULTATION 

2 REGARDING ENFORCEMENT OF CERTAIN 

3 LABOR LAW PROVISIONS. 

4 Not later than 60 days after the date of enactment 

5 of this Act, the Secretary of Agriculture shall consult with 

6 the Secretary of Labor regarding the restraining of ship7 ments of agricultural commodities, or the confiscation of 

8 such commodities, by the Department of Labor for actual 

9 or suspected labor law violations in order to consider— 

10 (1) the perishable nature of such commodities; 

11 (2) the impact of such restraining or confisca12 tion on the economic viability of farming operations; 

13 and 

14 (3) the competitiveness of specialty crops 

15 through grants awarded to States under section 101 

16 of the Specialty Crops Competitiveness Act of 2004 

17 (7 U.S.C. 1621 note). 

18 SEC. 9009. REPORT ON HONEY. 

19 (a) REPORT.—Not later than 180 days after the date 

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

21 in consultation with persons affected by the potential es22 tablishment of a Federal standard for the identity of 

23 honey, shall submit to the Commissioner of Food and 

24 Drugs a report describing how an appropriate Federal 

25 standard for the identity of honey would be in the interest 


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1 of consumers, the honey industry, and United States agri2 culture. 

3 (b) CONSIDERATIONS.—In preparing the report re4 quired under subsection (a), the Secretary shall take into 

5 consideration the March 2006, Standard of Identity citi6 zens petition filed with the Food and Drug Administra7 tion, including any current industry amendments or clari8 fications necessary to update such petition. 

9 SEC. 9010. BULK SHIPMENTS OF APPLES TO CANADA. 

10 (a) BULK SHIPMENT OF APPLES TO CANADA.—Sec11 tion 4 of the Export Apple Act (7 U.S.C. 584) is amend12 ed— 

13 (1) by striking ‘‘Apples in’’ and inserting ‘‘(a) 

14 Apples in’’; and 

15 (2) by adding at the end the following new sub16 section: 

17 ‘‘(b) Apples may be shipped to Canada in bulk bins 

18 without complying with the provisions of this Act.’’. 

19 (b) DEFINITION OF BULK BIN.—Section 9 of the Ex20 port Apple Act (7 U.S.C. 589) is amended by adding at 

21 the end the following new paragraph: 

22 ‘‘(5) The term ‘bulk bin’ means a bin that contains 

23 a quantity of apples weighing more than 100 pounds.’’. 

24 (c) REGULATIONS.—Not later than 60 days after the 

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1 culture shall issue regulations to carry out the amend2 ments made by this section. 

3 SEC. 9011. CONSOLIDATION OF PLANT PEST AND DISEASE 

4 MANAGEMENT AND DISASTER PREVENTION 

5 PROGRAMS. 

6 (a) RELOCATION OF LEGISLATIVE LANGUAGE RE7 LATING TO NATIONAL CLEAN PLANT NETWORK.—Section 

8 420 of the Plant Protection Act (7 U.S.C. 7721) is amend9 ed— 

10 (1) by redesignating subsection (e) as sub11 section (f); and 

12 (2) by inserting after subsection (d) the fol13 lowing new subsection: 

14 ‘‘(e) NATIONAL CLEAN PLANT NETWORK.— 

15 ‘‘(1) IN GENERAL.—The Secretary shall estab16 lish a program to be known as the ‘National Clean 

17 Plant Network’ (referred to in this subsection as the 

18 ‘Program’). 

19 ‘‘(2) REQUIREMENTS.—Under the Program, the 

20 Secretary shall establish a network of clean plant 

21 centers for diagnostic and pathogen elimination serv22 ices— 

23 ‘‘(A) to produce clean propagative plant 

24 material; and 


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1 ‘‘(B) to maintain blocks of pathogen-tested 

2 plant material in sites located throughout the 

3 United States. 

4 ‘‘(3) AVAILABILITY OF CLEAN PLANT SOURCE

5 MATERIAL.—Clean plant source material may be 

6 made available to— 

7 ‘‘(A) a State for a certified plant program 

8 of the State; and 

9 ‘‘(B) private nurseries and producers. 

10 ‘‘(4) CONSULTATION AND COLLABORATION.—In 

11 carrying out the Program, the Secretary shall— 

12 ‘‘(A) consult with— 

13 ‘‘(i) State departments of agriculture; 

14 and 

15 ‘‘(ii) land-grant colleges and univer16 sities and NLGCA Institutions (as those 

17 terms are defined in section 1404 of the 

18 National Agricultural Research, Extension, 

19 and Teaching Policy Act of 1977 (7 U.S.C. 

20 3103)); and 

21 ‘‘(B) to the extent practicable and with 

22 input from the appropriate State officials and 

23 industry representatives, use existing Federal or 

24 State facilities to serve as clean plant centers. 


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1 ‘‘(5) FUNDING FOR FISCAL YEAR 2013.—There 

2 is authorized to be appropriated to carry out the 

3 Program $5,000,000 for fiscal year 2013.’’. 

4 (b) FUNDING.—Subsection (f) of section 420 of the 

5 Plant Protection Act (7 U.S.C. 7721) (as so redesignated) 

6 is amended— 

7 (1) in paragraph (3), by striking ‘‘and’’ at the 

8 end; 

9 (2) in paragraph (4), by striking ‘‘and each fis10 cal year thereafter.’’ and inserting a semicolon; and 

11 (3) by adding at the end the following new 

12 paragraphs: 

13 ‘‘(5) $62,500,000 for fiscal years 2014 through 

14 2017; and 

15 ‘‘(6) $75,000,000 for fiscal year 2018.’’. 

16 (c) REPEAL OF EXISTING PROVISION.—Section 

17 10202 of the Food, Conservation, and Energy Act of 2008 

18 (7 U.S.C. 7761) is repealed. 

19 (d) CLARIFICATION OF USE OF FUNDS FOR TECH20 NICAL ASSISTANCE.—Section 420 of the Plant Protection 

21 Act (7 U.S.C. 7721), as amended by subsection (a), is 

22 amended by adding at the end the following new sub23 section: 

24 ‘‘(g) RELATIONSHIP TO OTHER LAW.—The use of 

25 Commodity Credit Corporation funds under this section 


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1 to provide technical assistance shall not be considered an 

2 allotment or fund transfer from the Commodity Credit 

3 Corporation for purposes of the limit on expenditures for 

4 technical assistance imposed by section 11 of the Com5 modity Credit Corporation Charter Act (15 U.S.C. 

6 714i).’’. 

7 (e) USE OF FUNDS FOR CLEAN PLANT NETWORK.— 

8 Section 420 of the Plant Protection Act (7 U.S.C. 7721), 

9 as amended by subsections (a) and (d), is amended by 

10 adding at the end the following new subsection: 

11 ‘‘(h) USE OF FUNDS FOR CLEAN PLANT NET12 WORK.—Of the funds made available under subsection (f) 

13 to carry out this section for a fiscal year, not less than 

14 $5,000,000 shall be available to carry out the national 

15 clean plant network under subsection (e).’’. 

16 SEC. 9012. MODIFICATION, CANCELLATION, OR SUSPEN17 SION ON BASIS OF A BIOLOGICAL OPINION. 

18 (a) IN GENERAL.—Except in the case of a voluntary 

19 request from a pesticide registrant to amend a registration 

20 under section 3 of the Federal Insecticide, Fungicide, and 

21 Rodenticide Act (7 U.S.C. 136a), a registration of a pes22 ticide may be modified, canceled, or suspended on the 

23 basis of the implementation of a Biological Opinion issued 

24 by the National Marine Fisheries Service or the United 

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1 pletion of the study referred to in subsection (b), or Janu2 ary 1, 2015, whichever is earlier, only if— 

3 (1) the modification, cancellation, or suspension 

4 is undertaken pursuant to section 6 of such Act (7 

5 U.S.C. 136d); and 

6 (2) the Biological Opinion complies with the 

7 recommendations contained in the study referred to 

8 in subsection (b). 

9 (b) NATIONAL ACADEMY OF SCIENCES STUDY.—The 

10 study commissioned by the Administrator of the Environ11 mental Protection Agency on March 10, 2011, shall in12 clude, at a minimum, each of the following: 

13 (1) A formal, independent, and external peer 

14 review, consistent with Office of Management and 

15 Budget policies, of each Biological Opinion described 

16 in subsection (a). 

17 (2) Assessment of economic impacts of meas18 ures or alternatives recommended in each such Bio19 logical Opinion. 

20 (3) An examination of the specific scientific and 

21 procedural questions and issues pertaining to eco22 nomic feasibility contained in the June 23, 2011, let23 ter sent to the Administrator (and other Federal of24 ficials) by the Chairmen of the Committee on Agri25 culture, the Committee on Natural Resources, and 


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1 the Subcommittee on Interior, Environment, and 

2 Related Agencies of the Committee on Appropria3 tions, of the House of Representatives. 

4 SEC. 9013. USE AND DISCHARGES OF AUTHORIZED PES5 TICIDES. 

6 (a) SHORT TITLE.—This section may be cited as the 

7 ‘‘Reducing Regulatory Burdens Act of 2013’’. 

8 (b) USE OF AUTHORIZED PESTICIDES.—Section 3(f) 

9 of the Federal Insecticide, Fungicide, and Rodenticide Act 

10 (7 U.S.C. 136a(f)) is amended by adding at the end the 

11 following: 

12 ‘‘(5) USE OF AUTHORIZED PESTICIDES.—Ex13 cept as provided in section 402(s) of the Federal 

14 Water Pollution Control Act, the Administrator or a 

15 State may not require a permit under such Act for 

16 a discharge from a point source into navigable 

17 waters of a pesticide authorized for sale, distribu18 tion, or use under this Act, or the residue of such 

19 a pesticide, resulting from the application of such 

20 pesticide.’’. 

21 (c) DISCHARGES OF PESTICIDES.—Section 402 of 

22 the Federal Water Pollution Control Act (33 U.S.C. 1342) 

23 is amended by adding at the end the following: 

24 ‘‘(s) DISCHARGES OF PESTICIDES.— 


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1 ‘‘(1) NO PERMIT REQUIREMENT.—Except as 

2 provided in paragraph (2), a permit shall not be re3 quired by the Administrator or a State under this 

4 Act for a discharge from a point source into navi5 gable waters of a pesticide authorized for sale, dis6 tribution, or use under the Federal Insecticide, Fun7 gicide, and Rodenticide Act, or the residue of such 

8 a pesticide, resulting from the application of such 

9 pesticide. 

10 ‘‘(2) EXCEPTIONS.—Paragraph (1) shall not 

11 apply to the following discharges of a pesticide or 

12 pesticide residue: 

13 ‘‘(A) A discharge resulting from the appli14 cation of a pesticide in violation of a provision 

15 of the Federal Insecticide, Fungicide, and 

16 Rodenticide Act that is relevant to protecting 

17 water quality, if— 

18 ‘‘(i) the discharge would not have oc19 curred but for the violation; or 

20 ‘‘(ii) the amount of pesticide or pes21 ticide residue in the discharge is greater 

22 than would have occurred without the vio23 lation. 

24 ‘‘(B) Stormwater discharges subject to reg25 ulation under subsection (p). 


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1 ‘‘(C) The following discharges subject to 

2 regulation under this section: 

3 ‘‘(i) Manufacturing or industrial efflu4 ent. 

5 ‘‘(ii) Treatment works effluent. 

6 ‘‘(iii) Discharges incidental to the nor7 mal operation of a vessel, including a dis8 charge resulting from ballasting operations 

9 or vessel biofouling prevention.’’. 

10 SEC. 9014. SEED NOT PESTICIDE OR DEVICE FOR PUR11 POSES OF IMPORTATION. 

12 Section 17(c) of the Federal Insecticide, Fungicide, 

13 and Rodenticide Act (7 U.S.C. 136o(c)) is amended by 

14 adding at the end the following new sentences: ‘‘Solely for 

15 purposes of notifications of arrival upon importation, for 

16 purposes of this subsection, seed, including treated seed, 

17 shall not be considered a pesticide or device. Nothing in 

18 this subsection shall be construed as precluding or limiting 

19 the authority of the Secretary of Agriculture, with respect 

20 to the importation or movement of plants, plant products, 

21 or seeds, under the Plant Protection Act (7 U.S.C. 7701 

22 et seq.) or the Federal Seed Act (7 U.S.C. 1551 et seq.).’’. 


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1 SEC. 9015. STAY OF REGULATIONS RELATED TO CHRIST2 MAS TREE PROMOTION, RESEARCH, AND IN3 FORMATION ORDER. 

4 Not later than 60 days after the date of the enact5 ment of this Act, the Secretary of Agriculture shall lift 

6 the administrative stay that was imposed by the rule enti7 tled ‘‘Christmas Tree Promotion, Research, and Informa8 tion Order; Stay of Regulations’’ and published by the De9 partment of Agriculture on November 17, 2011 (76 Fed. 

10 Reg. 71241), on the regulations in subpart A of part 214 

11 of title 7, Code of Federal Regulations, establishing an 

12 industry-funded promotion, research, and information pro13 gram for fresh cut Christmas trees. 

14 SEC. 9016. STUDY ON PROPOSED ORDER PERTAINING TO 

15 SULFURYL FLUORIDE. 

16 Not later than two years after the date of enactment 

17 of this Act, the Administrator of the Environmental Pro18 tection Agency, in conjunction with the Secretary of Agri19 culture, shall submit to the Committee on Agriculture of 

20 the House of Representatives a report on the potential 

21 economic and public health effects that would result from 

22 finalization of the proposed order published in the Janu23 ary 19, 2011, Federal Register (76 Fed. Reg. 3422) per24 taining to the pesticide sulfuryl fluoride, including the an25 ticipated impacts of such finalization on the production 


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1 of an adequate, wholesome, and economical food supply 

2 and on farmers and related agricultural sectors. 

3 SEC. 9017. STUDY ON LOCAL AND REGIONAL FOOD PRO4 DUCTION AND PROGRAM EVALUATION. 

5 (a) IN GENERAL.—The Secretary of Agriculture 

6 shall— 

7 (1) collect data on the production and mar8 keting of locally or regionally produced agricultural 

9 food products; 

10 (2) facilitate interagency collaboration and data 

11 sharing on programs related to local and regional 

12 food systems; and 

13 (3) monitor the effectiveness of programs de14 signed to expand or facilitate local food systems. 

15 (b) REQUIREMENTS.—In carrying out this section, 

16 the Secretary shall— 

17 (1) collect and distribute comprehensive report18 ing of prices of locally or regionally produced agri19 cultural food products; 

20 (2) conduct surveys and analysis and publish 

21 reports relating to the production, handling, dis22 tribution, and retail sales of, and trend studies (in23 cluding consumer purchasing patterns) on, locally or 

24 regionally produced agricultural food products; 


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1 (3) evaluate the effectiveness of existing pro2 grams in growing local and regional food systems, 

3 including— 

4 (A) the impact of local food systems on job 

5 creation and economic development; 

6 (B) the level of participation in the Farm7 ers’ Market and Local Food Promotion Pro8 gram established under section 6 of the Farm9 er-to-Consumer Direct Marketing Act of 1976 

10 (7 U.S.C. 3005), including the percentage of 

11 projects funded in comparison to applicants and 

12 the types of eligible entities receiving funds; 

13 (C) the ability for participants to leverage 

14 private capital and a synopsis of the places 

15 from which non-Federal funds are derived; and 

16 (D) any additional resources required to 

17 aid in the development or expansion of local 

18 and regional food systems; 

19 (4) expand the Agricultural Resource Manage20 ment Survey to include questions on locally or re21 gionally produced agricultural food products; and 

22 (5) seek to establish or expand private-public 

23 partnerships to facilitate, to the maximum extent 

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1 ing the development of a nationally coordinated and 

2 regionally balanced evaluation of the redevelopment 

3 of locally or regionally produced food systems. 

4 (c) REPORT.—Not later than 1 year after the date 

5 of enactment of this Act, and annually thereafter until 

6 September 30, 2018, the Secretary shall submit to the 

7 Committee on Agriculture of the House of Representatives 

8 and the Committee on Agriculture, Nutrition, and For9 estry of the Senate a report describing the progress that 

10 has been made in implementing this section and identi11 fying any additional needs related to developing local and 

12 regional food systems. 

13 SEC. 9018. ANNUAL REPORT ON INVASIVE SPECIES. 

14 (a) INITIAL REPORT.— 

15 (1) IN GENERAL.—Not later than 180 days 

16 after the date of the enactment of this Act, the Sec17 retary shall submit to Congress a report on invasive 

18 species. 

19 (2) MATTERS INCLUDED.—The report under 

20 paragraph (1) shall include the following: 

21 (A) A list of each invasive species that is 

22 in the United States as of the date of the re23 port. 

24 (B) For each invasive species listed under 

25 subparagraph (A)— 


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1 (i) the country from which the species 

2 originated; 

3 (ii) the means in which the species en4 tered the United States; 

5 (iii) the year in which the species en6 tered the United States; 

7 (iv) the rate by which the entry of the 

8 species is increasing or decreasing; 

9 (v) cost estimates, covering both the 

10 date of the report and future periods, of 

11 the cost of such species to the public and 

12 private sectors; 

13 (vi) if cost estimates cannot be con14 ducted under clause (v), a detailed expla15 nation of why; 

16 (vii) environmental impact estimates, 

17 covering both the date of the report and 

18 future periods, of the environmental im19 pact of the species; 

20 (viii) if environmental impact esti21 mates cannot be conducted under clause 

22 (vii), a detailed explanation of why; 

23 (ix) recommendations as to what steps 

24 are needed to combat the species; 


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1 (x) a description of the ongoing re2 search occurring to combat the species; 

3 and 

4 (xi) a description of any legal recourse 

5 available to people affected by the species. 

6 (C) Any other matter the Secretary deter7 mines appropriate. 

8 (3) PERIOD COVERED.—The report under para9 graph (1) shall cover the period beginning in 1980 

10 and ending on the date on which the report is sub11 mitted. 

12 (b) ANNUAL UPDATED REPORTS.—Not later than 

13 October 1 of each fiscal year beginning after the date on 

14 which the report under paragraph (1) of subsection (a) 

15 is submitted, the Secretary shall submit annually to Con16 gress an updated report, including an update to each of 

17 the matters described in paragraph (2) of such subsection. 

18 (c) PUBLIC AVAILABILITY.—The Secretary shall 

19 make each report under this section available to the pub20 lic. 

21 TITLE X—CROP INSURANCE 

22 SEC. 10001. INFORMATION SHARING. 

23 (a) IN GENERAL.—Section 502(c) of the Federal 

24 Crop Insurance Act (7 U.S.C. 1502(c)) is amended by 

25 adding at the end the following new paragraph: 


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1 ‘‘(4) INFORMATION.— 

2 ‘‘(A) REQUEST.—Subject to subparagraph 

3 (B), the Farm Service Agency shall, in a timely 

4 manner, provide to an agent or an approved in5 surance provider authorized by the producer 

6 any information (including Farm Service Agen7 cy Form 578s (or any successor form) or maps 

8 (or any corrections to those forms or maps) 

9 that may assist the agent or approved insurance 

10 provider in insuring the producer under a policy 

11 or plan of insurance under this subtitle. 

12 ‘‘(B) PRIVACY.—Except as provided in 

13 subparagraph (C), an agent or approved insur14 ance provider that receives the information of a 

15 producer pursuant to subparagraph (A) shall 

16 treat the information in accordance with para17 graph (1). 

18 ‘‘(C) SHARING.—Nothing in this section 

19 prohibits the sharing of the information of a 

20 producer pursuant to subparagraph (A) be21 tween the agent and the approved insurance 

22 provider of the producer.’’. 

23 (b) DISCLOSURE OF CROP INSURANCE PREMIUM

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1 TIES.—Section 502(c)(2) of the Federal Crop Insurance 

2 Act (7 U.S.C. 1502(c)(2)) is amended— 

3 (1) by redesignating subparagraphs (A) and 

4 (B) as subparagraphs (D) and (E) respectively; and 

5 (2) by inserting before subparagraph (C) (as so 

6 redesignated) the following: 

7 ‘‘(A) DISCLOSURE IN THE PUBLIC INTER8 EST.—Notwithstanding paragraph (1) or any 

9 other provision of law, except as provided in 

10 subparagraph (B), the Secretary shall on an 

11 annual basis make available to the public— 

12 ‘‘(i)(I) the name of each individual or 

13 entity specified in subparagraph (C) who 

14 obtained a federally subsidized crop insur15 ance, livestock, or forage policy or plan of 

16 insurance during the previous fiscal year; 

17 ‘‘(II) the amount of premium subsidy 

18 received by that individual or entity from 

19 the Corporation; and 

20 ‘‘(III) the amount of any Federal por21 tion of indemnities paid in the event of a 

22 loss during that fiscal year for each policy 

23 associated with that individual or entity; 

24 and 


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1 ‘‘(ii) for each private insurance pro2 vider, by name— 

3 ‘‘(I) the underwriting gains 

4 earned through participation in the 

5 federally subsidized crop insurance 

6 program; and 

7 ‘‘(II) the amount paid under this 

8 subtitle for— 

9 ‘‘(aa) administrative and op10 erating expenses; 

11 ‘‘(bb) any Federal portion of 

12 indemnities and reinsurance; and 

13 ‘‘(cc) any other purpose. 

14 ‘‘(B) LIMITATION.—The Secretary shall 

15 not disclose information pertaining to individ16 uals and entities covered by a catastrophic risk 

17 protection plan offered under section 508(b). 

18 ‘‘(C) COVERED INDIVIDUALS AND ENTI19 TIES.—Subparagraph (A) applies with respect 

20 to the following: 

21 ‘‘(i) Members of Congress and their 

22 immediate families. 

23 ‘‘(ii) Cabinet Secretaries and their im24 mediate families. 


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1 ‘‘(iii) Entities of which any individual 

2 described in clause (i) or (ii), or combina3 tion of such individuals, is a majority 

4 shareholder.’’. 

5 SEC. 10002. PUBLICATION OF INFORMATION ON VIOLA6 TIONS OF PROHIBITION ON PREMIUM AD7 JUSTMENTS. 

8 Section 508(a)(9) of the Federal Crop Insurance Act 

9 (7 U.S.C. 1508(a)(9)) is amended by adding at the end 

10 the following new subparagraph: 

11 ‘‘(C) PUBLICATION OF VIOLATIONS.— 

12 ‘‘(i) PUBLICATION REQUIRED.—Sub13 ject to clause (ii), the Corporation shall 

14 publish in a timely manner on the website 

15 of the Risk Management Agency informa16 tion regarding each violation of this para17 graph, including any sanctions imposed in 

18 response to the violation, in sufficient de19 tail so that the information may serve as 

20 effective guidance to approved insurance 

21 providers, agents, and producers. 

22 ‘‘(ii) PROTECTION OF PRIVACY.—In 

23 providing information under clause (i) re24 garding violations of this paragraph, the 

25 Corporation shall redact the identity of the 


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1 persons and entities committing the viola2 tions in order to protect their privacy.’’. 

3 SEC. 10003. SUPPLEMENTAL COVERAGE OPTION. 

4 (a) AVAILABILITY OF SUPPLEMENTAL COVERAGE

5 OPTION.—Paragraph (3) of section 508(c) of the Federal 

6 Crop Insurance Act (7 U.S.C. 1508(c)) is amended to read 

7 as follows: 

8 ‘‘(3) YIELD AND LOSS BASIS OPTIONS.—A pro9 ducer shall have the option of purchasing additional 

10 coverage based on— 

11 ‘‘(A)(i) an individual yield and loss basis; 

12 or 

13 ‘‘(ii) an area yield and loss basis; 

14 ‘‘(B) an individual yield and loss basis, 

15 supplemented with coverage based on an area 

16 yield and loss basis to cover a part of the de17 ductible under the individual yield and loss pol18 icy, as described in paragraph (4)(C); or 

19 ‘‘(C) a margin basis alone or in combina20 tion with the coverages available in subpara21 graph (A) or (B).’’. 

22 (b) LEVEL OF COVERAGE.—Paragraph (4) of section 

23 508(c) of the Federal Crop Insurance Act (7 U.S.C. 

24 1508(c)) is amended to read as follows: 

25 ‘‘(4) LEVEL OF COVERAGE.— 


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1 ‘‘(A) DOLLAR DENOMINATION AND PER2 CENTAGE OF YIELD.—Except as provided in 

3 subparagraph (C), the level of coverage— 

4 ‘‘(i) shall be dollar denominated; and 

5 ‘‘(ii) may be purchased at any level 

6 not to exceed 85 percent of the individual 

7 yield or 95 percent of the area yield (as de8 termined by the Corporation). 

9 ‘‘(B) INFORMATION.—The Corporation 

10 shall provide producers with information on cat11 astrophic risk and additional coverage in terms 

12 of dollar coverage (within the allowable limits of 

13 coverage provided in this paragraph). 

14 ‘‘(C) SUPPLEMENTAL COVERAGE OP15 TION.— 

16 ‘‘(i) IN GENERAL.—Notwithstanding 

17 subparagraph (A), in the case of the sup18 plemental coverage option described in 

19 paragraph (3)(B), the Corporation shall 

20 offer producers the opportunity to pur21 chase coverage in combination with a pol22 icy or plan of insurance offered under this 

23 subtitle that would allow indemnities to be 

24 paid to a producer equal to a part of the 


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1 deductible under the policy or plan of in2 surance— 

3 ‘‘(I) at a county-wide level to the 

4 fullest extent practicable; or 

5 ‘‘(II) in counties that lack suffi6 cient data, on the basis of such larger 

7 geographical area as the Corporation 

8 determines to provide sufficient data 

9 for purposes of providing the cov10 erage. 

11 ‘‘(ii) TRIGGER.—Coverage offered 

12 under paragraph (3)(B) and clause (i) 

13 shall be triggered only if the losses in the 

14 area exceed 10 percent of normal levels (as 

15 determined by the Corporation). 

16 ‘‘(iii) COVERAGE.—Subject to the trig17 ger described in clause (ii), coverage of18 fered under paragraph (3)(B) and clause 

19 (i) shall not exceed the difference be20 tween— 

21 ‘‘(I) 90 percent; and 

22 ‘‘(II) the coverage level selected 

23 by the producer for the underlying 

24 policy or plan of insurance. 


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1 ‘‘(iv) INELIGIBLE CROPS AND

2 ACRES.—Crops for which the producer has 

3 elected under section 1107(c)(1) of the 

4 Federal Agriculture Reform and Risk 

5 Management Act of 2013 to receive rev6 enue loss coverage and acres that are en7 rolled in the stacked income protection 

8 plan under section 508B shall not be eligi9 ble for supplemental coverage under this 

10 subparagraph. 

11 ‘‘(v) CALCULATION OF PREMIUM.— 

12 Notwithstanding subsection (d), the pre13 mium for coverage offered under para14 graph (3)(B) and clause (i) shall— 

15 ‘‘(I) be sufficient to cover antici16 pated losses and a reasonable reserve; 

17 and 

18 ‘‘(II) include an amount for oper19 ating and administrative expenses es20 tablished in accordance with sub21 section (k)(4)(F).’’. 

22 (c) PAYMENT OF PORTION OF PREMIUM BY COR23 PORATION.—Section 508(e)(2) of the Federal Crop Insur24 ance Act (7 U.S.C. 1508(e)(2)) is amended by adding at 

25 the end the following new subparagraph: 


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1 ‘‘(H) In the case of the supplemental cov2 erage option authorized in subsection (c)(4)(C), 

3 the amount shall be equal to the sum of— 

4 ‘‘(i) 65 percent of the additional pre5 mium associated with the coverage; and 

6 ‘‘(ii) the amount determined under 

7 subsection (c)(4)(C)(vi)(II), subject to sub8 section (k)(4)(F), for the coverage to cover 

9 operating and administrative expenses.’’. 

10 (d) EFFECTIVE DATE.—The Federal Crop Insurance 

11 Corporation shall begin to provide additional coverage 

12 based on an individual yield and loss basis, supplemented 

13 with coverage based on an area yield and loss basis, not 

14 later than for the 2014 crop year. 

15 SEC. 10004. PREMIUM AMOUNTS FOR CATASTROPHIC RISK 

16 PROTECTION. 

17 Subparagraph (A) of section 508(d)(2) of the Federal 

18 Crop Insurance Act (7 U.S.C. 1508(d)(2)) is amended to 

19 read as follows: 

20 ‘‘(A) In the case of catastrophic risk pro21 tection, the amount of the premium established 

22 by the Corporation for each crop for which cat23 astrophic risk protection is available shall be re24 duced by the percentage equal to the difference 


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1 between the average loss ratio for the crop and 

2 100 percent, plus a reasonable reserve.’’. 

3 SEC. 10005. REPEAL OF PERFORMANCE-BASED DISCOUNT. 

4 (a) REPEAL.—Section 508(d) of the Federal Crop In5 surance Act (7 U.S.C. 1508(d)) is amended— 

6 (1) by striking paragraph (3); and 

7 (2) by redesignating paragraph (4) as para8 graph (3). 

9 (b) CONFORMING AMENDMENT.—Section 

10 508(a)(9)(B) of the Federal Crop Insurance Act (7 U.S.C. 

11 1508(a)(9)(B)) is amended— 

12 (1) by inserting ‘‘or’’ at the end of clause (i); 

13 (2) by striking clause (ii); and 

14 (3) by redesignating clause (iii) as clause (ii). 

15 SEC. 10006. PERMANENT ENTERPRISE UNIT SUBSIDY. 

16 Subparagraph (A) of section 508(e)(5) of the Federal 

17 Crop Insurance Act (7 U.S.C. 1508(e)(5)) is amended to 

18 read as follows: 

19 ‘‘(A) IN GENERAL.—The Corporation may 

20 pay a portion of the premiums for plans or poli21 cies of insurance for which the insurable unit is 

22 defined on a whole farm or enterprise unit basis 

23 that is higher than would otherwise be paid in 

24 accordance with paragraph (2).’’. 


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1 SEC. 10007. ENTERPRISE UNITS FOR IRRIGATED AND NON2 IRRIGATED CROPS. 

3 Section 508(e)(5) of the Federal Crop Insurance Act 

4 (7 U.S.C. 1508(e)(5)) is amended by adding at the end 

5 the following new subparagraph: 

6 ‘‘(D) NONIRRIGATED CROPS.—Beginning 

7 with the 2014 crop year, the Corporation shall 

8 make available separate enterprise units for ir9 rigated and nonirrigated acreage of crops in 

10 counties.’’. 

11 SEC. 10008. DATA COLLECTION. 

12 Section 508(g)(2) of the Federal Crop Insurance Act 

13 (7 U.S.C. 1508(g)(2)) is amended by adding at the end 

14 the following new subparagraph: 

15 ‘‘(E) SOURCES OF YIELD DATA.—To deter16 mine yields under this paragraph, the Corpora17 tion— 

18 ‘‘(i) shall use county data collected by 

19 the Risk Management Agency or the Na20 tional Agricultural Statistics Service, or 

21 both; or 

22 ‘‘(ii) if sufficient county data is not 

23 available, may use other data considered 

24 appropriate by the Secretary.’’. 


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1 SEC. 10009. ADJUSTMENT IN ACTUAL PRODUCTION HIS2 TORY TO ESTABLISH INSURABLE YIELDS. 

3 Section 508(g)(4)(B) of the Federal Crop Insurance 

4 Act (7 U.S.C. 1508(g)(4)(B)) is amended by striking 

5 ‘‘60’’ each place it appears and inserting ‘‘70’’. 

6 SEC. 10010. SUBMISSION AND REVIEW OF POLICIES. 

7 (a) IN GENERAL.—Section 508(h) of the Federal 

8 Crop Insurance Act (7 U.S.C. 1508(h)) is amended— 

9 (1) in paragraph (1)— 

10 (A) by redesignating subparagraphs (A) 

11 and (B) as clauses (i) and (ii), respectively, and 

12 indenting appropriately; 

13 (B) by striking ‘‘(1) IN GENERAL.—In ad14 dition’’ and inserting the following: 

15 ‘‘(1) AUTHORITY TO SUBMIT.— 

16 ‘‘(A) IN GENERAL.—In addition’’; and 

17 (C) by adding at the end the following new 

18 subparagraph: 

19 ‘‘(B) REVIEW AND SUBMISSION BY COR20 PORATION.—The Corporation shall review any 

21 policy developed under section 522(c) or any 

22 pilot program developed under section 523 and 

23 submit the policy or program to the Board 

24 under this subsection if the Corporation, at the 

25 sole discretion of the Corporation, finds that 

26 the policy or program— 


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1 ‘‘(i) will likely result in a viable and 

2 marketable policy consistent with this sub3 section; 

4 ‘‘(ii) would provide crop insurance 

5 coverage in a significantly improved form; 

6 and 

7 ‘‘(iii) adequately protects the interests 

8 of producers.’’; and 

9 (2) in paragraph (3)— 

10 (A) by striking ‘‘A policy’’ and inserting 

11 the following: 

12 ‘‘(A) IN GENERAL.—A policy’’; and 

13 (B) by adding at the end the following new 

14 subparagraph: 

15 ‘‘(B) SPECIFIED REVIEW AND APPROVAL

16 PRIORITIES.—In reviewing policies and other 

17 materials submitted to the Board under this 

18 subsection for approval, the Board— 

19 ‘‘(i) shall make the development and 

20 approval of a revenue policy for peanut 

21 producers a priority so that a revenue pol22 icy is available to peanut producers in time 

23 for the 2014 crop year; 

24 ‘‘(ii) shall make the development and 

25 approval of a margin coverage policy for 


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1 rice producers a priority so that a margin 

2 coverage policy is available to rice pro3 ducers in time for the 2014 crop year; and 

4 ‘‘(iii) may approve a submission that 

5 is made pursuant to this subsection that 

6 would, beginning with the 2014 crop year, 

7 allow producers that purchase policies in 

8 accordance with subsection (e)(5)(A) to 

9 separate enterprise units by risk rating for 

10 acreage of crops in counties.’’. 

11 (b) ADVANCE PAYMENTS.—Section 522(b)(2)(E) of 

12 the Federal Crop Insurance Act (7 U.S.C. 1522(b)(2)(E)) 

13 is amended by striking ‘‘50 percent’’ and inserting ‘‘75 

14 percent’’. 

15 SEC. 10011. EQUITABLE RELIEF FOR SPECIALTY CROP 

16 POLICIES. 

17 Section 508(k)(8)(E) of the Federal Crop Insurance 

18 Act of 1938 (7 U.S.C. 1508(k)(8)(E)) is amended by add19 ing at the end the following new clause: 

20 ‘‘(iii) EQUITABLE RELIEF FOR SPE21 CIALTY CROP POLICIES.— 

22 ‘‘(I) IN GENERAL.—For each of 

23 the 2011 through 2015 reinsurance 

24 years, in addition to the total amount 

25 of funding for reimbursement of adVerDate Mar 15 2010 21:18 Jul 16, 2013 Jkt 029200 PO 00000 Frm 00504 Fmt 6652 Sfmt 6201 E:\BILLS\H2642.PCS H2642

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1 ministrative and operating costs that 

2 is otherwise required to be made avail3 able in each such reinsurance year 

4 pursuant to an agreement entered 

5 into by the Corporation, the Corpora6 tion shall use $41,000,000 to provide 

7 additional reimbursement with respect 

8 to eligible insurance contracts for any 

9 agricultural commodity that is not eli10 gible for a benefit under subtitles A, 

11 B or C of title I of the Federal Agri12 culture Reform and Risk Management 

13 Act of 2013. 

14 ‘‘(II) TREATMENT.—Additional 

15 reimbursements made under this 

16 clause shall be included as part of the 

17 base level of administrative and oper18 ating expense reimbursement to which 

19 any limit on compensation to persons 

20 involved in the direct sale and service 

21 of any eligible crop insurance contract 

22 required under an agreement entered 

23 into by the Corporation is applied. 

24 ‘‘(III) RULE OF CONSTRUC25 TION.—Nothing in this clause shall be 


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1 construed as statutory assent to the 

2 limit described in subclause (II).’’. 

3 SEC. 10012. BUDGET LIMITATIONS ON RENEGOTIATION OF 

4 THE STANDARD REINSURANCE AGREEMENT. 

5 Section 508(k)(8) of the Federal Crop Insurance Act 

6 of 1938 (7 U.S.C. 1508(k)(8)) is amended by adding at 

7 the end the following new subparagraph: 

8 ‘‘(F) BUDGET.— 

9 ‘‘(i) IN GENERAL.—The Board shall 

10 ensure that any Standard Reinsurance 

11 Agreement negotiated under subparagraph 

12 (A)(ii), as compared to the previous Stand13 ard Reinsurance Agreement— 

14 ‘‘(I) to the maximum extent prac15 ticable, shall be budget neutral; and 

16 ‘‘(II) in no event, may signifi17 cantly depart from budget neutrality. 

18 ‘‘(ii) USE OF SAVINGS.—To the extent 

19 that any budget savings is realized in the 

20 renegotiation of a Standard Reinsurance 

21 Agreement under subparagraph (A)(ii), 

22 and the savings are determined not to be 

23 a significant departure from budget neu24 trality under clause (i), the savings shall 

25 be used to increase the obligations of the 


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1 Corporation under subsections (e)(2) or 

2 (k)(4) or section 523.’’. 

3 SEC. 10013. CROP PRODUCTION ON NATIVE SOD. 

4 (a) FEDERAL CROP INSURANCE.—Section 508(o) of 

5 the Federal Crop Insurance Act (7 U.S.C. 1508(o)) is 

6 amended— 

7 (1) in paragraph (1)(B), by inserting ‘‘, or the 

8 producer cannot substantiate that the ground has 

9 ever been tilled,’’ after ‘‘tilled’’; 

10 (2) in paragraph (2)— 

11 (A) in the paragraph heading, by striking 

12 ‘‘INELIGIBILITY FOR’’ and inserting ‘‘REDUC13 TION IN’’; and 

14 (B) in subparagraph (A), by striking ‘‘for 

15 benefits under—’’ and all that follows through 

16 the period at the end and inserting ‘‘for— 

17 ‘‘(i) a portion of crop insurance pre18 mium subsidies under this subtitle in ac19 cordance with paragraph (3); 

20 ‘‘(ii) benefits under section 196 of the 

21 Federal Agriculture Improvement and Re22 form Act of 1996 (7 U.S.C. 7333); and 

23 ‘‘(iii) payments described in sub24 section (b) or (c) of section 1001 of the 


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1 Food Security Act of 1985 (7 U.S.C. 

2 1308).’’; and 

3 (3) by striking paragraph (3) and inserting the 

4 following new paragraphs: 

5 ‘‘(3) ADMINISTRATION.— 

6 ‘‘(A) IN GENERAL.—During the first 4 

7 crop years of planting on native sod acreage by 

8 a producer described in paragraph (2)— 

9 ‘‘(i) paragraph (2) shall apply to 65 

10 percent of the transitional yield of the pro11 ducer; and 

12 ‘‘(ii) the crop insurance premium sub13 sidy provided for the producer under this 

14 subtitle shall be 50 percentage points less 

15 than the premium subsidy that would oth16 erwise apply. 

17 ‘‘(B) YIELD SUBSTITUTION.—During the 

18 period native sod acreage is covered by this sub19 section, a producer may not substitute yields 

20 for the native sod acreage. 

21 ‘‘(4) APPLICATION.—This subsection shall only 

22 apply to native sod in the Prairie Pothole National 

23 Priority Area.’’. 

24 (b) NONINSURED CROP DISASTER ASSISTANCE.— 

25 Section 196(a)(4) of the Federal Agriculture Improvement 


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1 and Reform Act of 1996 (7 U.S.C. 7333(a)(4)) is amend2 ed— 

3 (1) in the paragraph heading, by striking ‘‘IN4 ELIGIBILITY’’ and inserting ‘‘BENEFIT REDUCTION’’; 

5 (2) in subparagraph (A)(ii), by inserting ‘‘, or 

6 the producer cannot substantiate that the ground 

7 has ever been tilled,’’ after ‘‘tilled’’; 

8 (3) in subparagraph (B)— 

9 (A) in the subparagraph heading, by strik10 ing ‘‘INELIGIBILITY’’ and inserting ‘‘REDUC11 TION IN’’; and 

12 (B) in clause (i), by striking ‘‘for benefits 

13 under—’’ and all that follows through the pe14 riod at the end and inserting ‘‘for— 

15 ‘‘(I) benefits under this section; 

16 ‘‘(II) a portion of crop insurance 

17 premium subsidies under the Federal 

18 Crop Insurance Act (7 U.S.C. 1501 et 

19 seq.) in accordance with subparagraph 

20 (C); and 

21 ‘‘(III) payments described in sub22 section (b) or (c) of section 1001 of 

23 the Food Security Act of 1985 (7 

24 U.S.C. 1308).’’; and 


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1 (4) by striking subparagraph (C) and inserting 

2 the following new subparagraphs: 

3 ‘‘(C) ADMINISTRATION.— 

4 ‘‘(i) IN GENERAL.—During the first 4 

5 crop years of planting on native sod acre6 age by a producer described in subpara7 graph (B)— 

8 ‘‘(I) subparagraph (B) shall 

9 apply to 65 percent of the transitional 

10 yield of the producer; and 

11 ‘‘(II) the crop insurance premium 

12 subsidy provided for the producer 

13 under the Federal Crop Insurance Act 

14 (7 U.S.C. 1501 et seq.) shall be 50 

15 percentage points less than the pre16 mium subsidy that would otherwise 

17 apply. 

18 ‘‘(ii) YIELD SUBSTITUTION.—During 

19 the period native sod acreage is covered by 

20 this paragraph, a producer may not sub21 stitute yields for the native sod acreage. 

22 ‘‘(D) APPLICATION.—This paragraph shall 

23 only apply to native sod in the Prairie Pothole 

24 National Priority Area.’’. 

25 (c) CROPLAND REPORT.— 


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1 (1) BASELINE.—Not later than 180 days after 

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

3 Agriculture shall submit to the Committee on Agri4 culture of the House of Representatives and the 

5 Committee on Agriculture, Nutrition, and Forestry 

6 of the Senate a report that describes the cropland 

7 acreage in each applicable county and State, and the 

8 change in cropland acreage from the preceding year 

9 in each applicable county and State, beginning with 

10 calendar year 2000 and including that information 

11 for the most recent year for which that information 

12 is available. 

13 (2) ANNUAL UPDATES.—Not later than Janu14 ary 1, 2015, and each January 1 thereafter through 

15 January 1, 2018, the Secretary of Agriculture shall 

16 submit to the Committee on Agriculture of the 

17 House of Representatives and the Committee on Ag18 riculture, Nutrition, and Forestry of the Senate a 

19 report that describes— 

20 (A) the cropland acreage in each applicable 

21 county and State as of the date of submission 

22 of the report; and 

23 (B) the change in cropland acreage from 

24 the preceding year in each applicable county 

25 and State. 


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1 SEC. 10014. COVERAGE LEVELS BY PRACTICE. 

2 Section 508 of the Federal Crop Insurance Act of 

3 1938 (7 U.S.C. 1508) is amended by adding at the end 

4 the following new subsection: 

5 ‘‘(p) COVERAGE LEVELS BY PRACTICE.—Beginning 

6 with the 2015 crop year, a producer that produces an agri7 cultural commodity on both dry land and irrigated land 

8 may elect a different coverage level for each production 

9 practice.’’. 

10 SEC. 10015. BEGINNING FARMER AND RANCHER PROVI11 SIONS. 

12 (a) DEFINITION.—Section 502(b) of the Federal 

13 Crop Insurance Act (7 U.S.C. 1502(b)) is amended— 

14 (1) by redesignating paragraphs (3) through 

15 (9) as paragraphs (4) through (10), respectively; 

16 and 

17 (2) by inserting after paragraph (2) the fol18 lowing: 

19 ‘‘(3) BEGINNING FARMER OR RANCHER.—The 

20 term ‘beginning farmer or rancher’ means a farmer 

21 or rancher who has not actively operated and man22 aged a farm or ranch with a bona fide insurable in23 terest in a crop or livestock as an owner-operator, 

24 landlord, tenant, or sharecropper for more than 5 

25 crop years, as determined by the Secretary.’’. 


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1 (b) PREMIUM ADJUSTMENTS.—Section 508 of the 

2 Federal Crop Insurance Act (7 U.S.C. 1508) is amend3 ed— 

4 (1) in subsection (b)(5)(E), by inserting ‘‘and 

5 beginning farmers or ranchers’’ after ‘‘limited re6 source farmers’’; 

7 (2) in subsection (e), by adding at the end the 

8 following new paragraph: 

9 ‘‘(8) PREMIUM FOR BEGINNING FARMERS OR

10 RANCHERS.—Notwithstanding any other provision of 

11 this subsection regarding payment of a portion of 

12 premiums, a beginning farmer or rancher shall re13 ceive premium assistance that is 10 percentage 

14 points greater than premium assistance that would 

15 otherwise be available under paragraphs (2) (except 

16 for subparagraph (A) of that paragraph), (5), (6), 

17 and (7) for the applicable policy, plan of insurance, 

18 and coverage level selected by the beginning farmer 

19 or rancher.’’; and 

20 (3) in subsection (g)— 

21 (A) in paragraph (2)(B)— 

22 (i) in clause (i), by striking ‘‘or’’ at 

23 the end; 

24 (ii) in clause (ii)(III), by striking the 

25 period at the end and inserting ‘‘; or’’; and 


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1 (iii) by adding at the end the fol2 lowing: 

3 ‘‘(iii) if the producer is a beginning 

4 farmer or rancher who was previously in5 volved in a farming or ranching operation, 

6 including involvement in the decision7 making or physical involvement in the pro8 duction of the crop or livestock on the 

9 farm, for any acreage obtained by the be10 ginning farmer or rancher, a yield that is 

11 the higher of— 

12 ‘‘(I) the actual production history 

13 of the previous producer of the crop 

14 or livestock on the acreage determined 

15 under subparagraph (A); or 

16 ‘‘(II) a yield of the producer, as 

17 determined in clause (i).’’; and 

18 (B) in paragraph (4)(B)(ii) (as amended 

19 by section 10009)— 

20 (i) by inserting ‘‘(I)’’ after ‘‘(ii)’’; 

21 (ii) by striking the period at the end 

22 and inserting ‘‘; or’’; and 

23 (iii) by adding at the end the fol24 lowing: 


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1 ‘‘(II) in the case of beginning farmers 

2 or ranchers, replace each excluded yield 

3 with a yield equal to 80 percent of the ap4 plicable transitional yield.’’. 

5 SEC. 10016. STACKED INCOME PROTECTION PLAN FOR PRO6 DUCERS OF UPLAND COTTON. 

7 (a) AVAILABILITY OF STACKED INCOME PROTECTION

8 PLAN FOR PRODUCERS OF UPLAND COTTON.—The Fed9 eral Crop Insurance Act is amended by inserting after sec10 tion 508A (7 U.S.C. 1508a) the following new section: 

11 ‘‘SEC. 508B. STACKED INCOME PROTECTION PLAN FOR 

12 PRODUCERS OF UPLAND COTTON. 

13 ‘‘(a) AVAILABILITY.—Beginning not later than the 

14 2014 crop of upland cotton, the Corporation shall make 

15 available to producers of upland cotton an additional pol16 icy (to be known as the ‘Stacked Income Protection Plan’), 

17 which shall provide coverage consistent with the Group 

18 Risk Income Protection Plan (and the associated Harvest 

19 Revenue Option Endorsement) offered by the Corporation 

20 for the 2011 crop year. 

21 ‘‘(b) REQUIRED TERMS.—The Corporation may mod22 ify the Stacked Income Protection Plan on a program-wide 

23 basis, except that the Stacked Income Protection Plan 

24 shall comply with the following requirements: 


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1 ‘‘(1) Provide coverage for revenue loss of not 

2 less than 10 percent and not more than 30 percent 

3 of expected county revenue, specified in increments 

4 of 5 percent. The deductible is the minimum percent 

5 of revenue loss at which indemnities are triggered 

6 under the plan, not to be less than 10 percent of the 

7 expected county revenue. 

8 ‘‘(2) Be offered to producers of upland cotton 

9 in all counties with upland cotton production— 

10 ‘‘(A) at a county-wide level to the fullest 

11 extent practicable; or 

12 ‘‘(B) in counties that lack sufficient data, 

13 on the basis of such larger geographical area as 

14 the Corporation determines to provide sufficient 

15 data for purposes of providing the coverage. 

16 ‘‘(3) Be purchased in addition to any other in17 dividual or area coverage in effect on the producer’s 

18 acreage or as a stand-alone policy, except that if a 

19 producer has an individual or area coverage for the 

20 same acreage, the maximum coverage available 

21 under the Stacked Income Protection Plan shall not 

22 exceed the deductible for the individual or area cov23 erage. 

24 ‘‘(4) Establish coverage based on— 


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1 ‘‘(A) the expected price established under 

2 existing Group Risk Income Protection or area 

3 wide policy offered by the Corporation for the 

4 applicable county (or area) and crop year; and 

5 ‘‘(B) an expected county yield that is the 

6 higher of— 

7 ‘‘(i) the expected county yield estab8 lished for the existing area-wide plans of9 fered by the Corporation for the applicable 

10 county (or area) and crop year (or, in geo11 graphic areas where area-wide plans are 

12 not offered, an expected yield determined 

13 in a manner consistent with those of area14 wide plans); or 

15 ‘‘(ii) the average of the applicable 

16 yield data for the county (or area) for the 

17 most recent 5 years, excluding the highest 

18 and lowest observations, from the Risk 

19 Management Agency or the National Agri20 cultural Statistics Service (or both) or, if 

21 sufficient county data is not available, such 

22 other data considered appropriate by the 

23 Secretary. 

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1 tion factor’) of not less than the higher of the level 

2 established on a program wide basis or 120 percent. 

3 ‘‘(6) Pay an indemnity based on the amount 

4 that the expected county revenue exceeds the actual 

5 county revenue, as applied to the individual coverage 

6 of the producer. Indemnities under the Stacked In7 come Protection Plan shall not include or overlap 

8 the amount of the deductible selected under para9 graph (1). 

10 ‘‘(7) In all counties for which data are avail11 able, establish separate coverage levels for irrigated 

12 and non-irrigated practices. 

13 ‘‘(c) PREMIUM.—Notwithstanding section 508(d), the 

14 premium for the Stacked Income Protection Plan shall— 

15 ‘‘(1) be sufficient to cover anticipated losses 

16 and a reasonable reserve; and 

17 ‘‘(2) include an amount for operating and ad18 ministrative expenses established in accordance with 

19 section 508(k)(4)(F). 

20 ‘‘(d) PAYMENT OF PORTION OF PREMIUM BY COR21 PORATION.—Subject to section 508(e)(4), the amount of 

22 premium paid by the Corporation for all qualifying cov23 erage levels of the Stacked Income Protection Plan shall 

24 be— 


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1 ‘‘(1) 80 percent of the amount of the premium 

2 established under subsection (c) for the coverage 

3 level selected; and 

4 ‘‘(2) the amount determined under subsection 

5 (c)(2), subject to section 508(k)(4)(F), for the cov6 erage to cover administrative and operating ex7 penses. 

8 ‘‘(e) RELATION TO OTHER COVERAGES.—The 

9 Stacked Income Protection Plan is in addition to all other 

10 coverages available to producers of upland cotton.’’. 

11 (b) CONFORMING AMENDMENT.—Section 

12 508(k)(4)(F) of the Federal Crop Insurance Act (7 U.S.C. 

13 1508(k)(4)(F)) is amended by inserting ‘‘or authorized 

14 under subsection (c)(4)(C) or section 508B’’ after ‘‘of this 

15 subparagraph’’. 

16 SEC. 10017. PEANUT REVENUE CROP INSURANCE. 

17 The Federal Crop Insurance Act is amended by in18 serting after section 508B, as added by the previous sec19 tion, the following new section: 

20 ‘‘SEC. 508C. PEANUT REVENUE CROP INSURANCE. 

21 ‘‘(a) IN GENERAL.—Effective beginning with the 

22 2014 crop year, the Risk Management Agency and the 

23 Corporation shall make available to producers of peanuts 

24 a revenue crop insurance program for peanuts. 


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1 ‘‘(b) EFFECTIVE PRICE.—Subject to subsection (c), 

2 for purposes of the revenue crop insurance program and 

3 the multiperil crop insurance program under this Act, the 

4 effective price for peanuts shall be equal to the Rotterdam 

5 price index for peanuts, as adjusted to reflect the farmer 

6 stock price of peanuts in the United States. 

7 ‘‘(c) ADJUSTMENTS.— 

8 ‘‘(1) IN GENERAL.—The effective price for pea9 nuts established under subsection (b) may be ad10 justed by the Risk Management Agency and the 

11 Corporation to correct distortions. 

12 ‘‘(2) ADMINISTRATION.—If an adjustment is 

13 made under paragraph (1), the Risk Management 

14 Agency and the Corporation shall— 

15 ‘‘(A) make the adjustment in an open and 

16 transparent manner; and 

17 ‘‘(B) submit to the Committee on Agri18 culture of the House of Representatives and the 

19 Committee on Agriculture, Nutrition, and For20 estry of the Senate a report that describes the 

21 reasons for the adjustment.’’. 

22 SEC. 10018. AUTHORITY TO CORRECT ERRORS. 

23 Section 515(c) of the Federal Crop Insurance Act (7 

24 U.S.C. 1515(c)) is amended— 


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1 (1) in the first sentence, by striking ‘‘The Sec2 retary’’ and inserting the following: 

3 ‘‘(1) IN GENERAL.—The Secretary’’; 

4 (2) in the second sentence, by striking ‘‘Begin5 ning with’’ and inserting the following: 

6 ‘‘(2) FREQUENCY.—Beginning with’’; and 

7 (3) by adding at the end the following new 

8 paragraph: 

9 ‘‘(3) CORRECTIONS.— 

10 ‘‘(A) IN GENERAL.—In addition to the cor11 rections permitted by the Corporation as of the 

12 date of enactment of the Federal Agriculture 

13 Reform and Risk Management Act of 2013, the 

14 Corporation shall allow an agent or an approved 

15 insurance provider, subject to subparagraph 

16 (B)— 

17 ‘‘(i) within a reasonable amount of 

18 time following the applicable sales closing 

19 date, to correct unintentional errors in in20 formation that is provided by a producer 

21 for the purpose of obtaining coverage 

22 under any policy or plan of insurance made 

23 available under this subtitle to ensure that 

24 the eligibility information is correct; 


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1 ‘‘(ii) within a reasonable amount of 

2 time following— 

3 ‘‘(I) the acreage reporting date, 

4 to correct unintentional errors in fac5 tual information that is provided by a 

6 producer after the sales closing date 

7 to reconcile the information with the 

8 information reported by the producer 

9 to the Farm Service Agency; or 

10 ‘‘(II) the date of any subsequent 

11 correction of data by the Farm Serv12 ice Agency made as a result of the 

13 verification of information; and 

14 ‘‘(iii) at any time, to correct uninten15 tional errors that were made by the Farm 

16 Service Agency or an agent or approved in17 surance provider in transmitting the infor18 mation provided by the producer to the ap19 proved insurance provider or the Corpora20 tion. 

21 ‘‘(B) LIMITATION.—In accordance with the 

22 procedures of the Corporation, correction to the 

23 information described in clauses (i) and (ii) of 

24 subparagraph (A) may only be made if the cor25 rections do not allow the producer— 


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1 ‘‘(i) to avoid ineligibility requirements 

2 for insurance; 

3 ‘‘(ii) to obtain, enhance, or increase 

4 an insurance guarantee or indemnity, or 

5 avoid premium owed, if a cause of loss ex6 ists or has occurred before any correction 

7 has been made; or 

8 ‘‘(iii) to avoid an obligation or re9 quirement under any Federal or State law. 

10 ‘‘(C) EXCEPTION TO LATE FILING SANC11 TIONS.—Any corrections made pursuant to this 

12 paragraph shall not be subject to any late filing 

13 sanctions authorized in the reinsurance agree14 ment with the Corporation.’’. 

15 SEC. 10019. IMPLEMENTATION. 

16 Section 515 of the Federal Crop Insurance Act (7 

17 U.S.C. 1515) is amended— 

18 (1) in subsection (j), by striking paragraph (1) 

19 and inserting the following new paragraph: 

20 ‘‘(1) SYSTEMS MAINTENANCE AND UP21 GRADES.— 

22 ‘‘(A) IN GENERAL.—The Secretary shall 

23 maintain and upgrade the information manage24 ment systems of the Corporation used in the 

25 administration and enforcement of this subtitle. 


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1 ‘‘(B) REQUIREMENT.— 

2 ‘‘(i) IN GENERAL.—In maintaining 

3 and upgrading the systems, the Secretary 

4 shall ensure that new hardware and soft5 ware are compatible with the hardware and 

6 software used by other agencies of the De7 partment to maximize data sharing and 

8 promote the purposes of this section. 

9 ‘‘(ii) ACREAGE REPORT STREAM10 LINING INITIATIVE PROJECT.—As soon as 

11 practicable, the Secretary shall develop and 

12 implement an acreage report streamlining 

13 initiative project to allow producers to re14 port acreage and other information directly 

15 to the Department.’’; and 

16 (2) in subsection (k), by striking paragraph (1) 

17 and inserting the following new paragraph: 

18 ‘‘(1) INFORMATION TECHNOLOGY.— 

19 ‘‘(A) IN GENERAL.—For purposes of sub20 section (j)(1), the Corporation may use, from 

21 amounts made available from the insurance 

22 fund established under section 516(c), not more 

23 than— 

24 ‘‘(i)(I) for fiscal year 2014, 

25 $25,000,000; and 


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1 ‘‘(II) for each of fiscal years 2015 

2 through 2018, $10,000,000; or 

3 ‘‘(ii) if the Acreage Crop Reporting 

4 Streamlining Initiative (ACRSI) project is 

5 substantially completed by September 30, 

6 2015, not more than $15,000,000 for each 

7 of the fiscal years 2015 through 2018. 

8 ‘‘(B) NOTIFICATION.—The Secretary shall 

9 notify the Committee on Agriculture of the 

10 House of Representatives and the Committee 

11 on Agriculture, Nutrition, and Forestry of the 

12 Senate of the substantial completion of the 

13 Acreage Crop Reporting Streamlining Initiative 

14 (ACRSI) project not later than July 1, 2015.’’. 

15 SEC. 10020. RESEARCH AND DEVELOPMENT PRIORITIES. 

16 (a) AUTHORITY TO CONDUCT RESEARCH AND DE17 VELOPMENT, PRIORITIES.—Section 522(c) of the Federal 

18 Crop Insurance Act (7 U.S.C. 1522(c)) is amended— 

19 (1) in the subsection heading by striking ‘‘CON20 TRACTING’’; 

21 (2) in paragraph (1), in the matter preceding 

22 subparagraph (A), by striking ‘‘may enter into con23 tracts to carry out research and development to’’ 

24 and inserting ‘‘may conduct activities or enter into 

25 contracts to carry out research and development to 


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1 maintain or improve existing policies or develop new 

2 policies to’’; 

3 (3) in paragraph (2)— 

4 (A) in subparagraph (A), by inserting 

5 ‘‘conduct research and development or’’ after 

6 ‘‘The Corporation may’’; and 

7 (B) in subparagraph (B), by inserting 

8 ‘‘conducting research and development or’’ after 

9 ‘‘Before’’; 

10 (4) in paragraph (5), by inserting ‘‘after expert 

11 review in accordance with section 505(e)’’ after ‘‘ap12 proved by the Board’’; and 

13 (5) in paragraph (6), by striking ‘‘a pasture, 

14 range, and forage program’’ and inserting ‘‘policies 

15 that increase participation by producers of under16 served agricultural commodities, including sweet sor17 ghum, biomass sorghum, rice, peanuts, sugarcane, 

18 alfalfa, pennycress, and specialty crops’’. 

19 (b) FUNDING.—Section 522(e) of the Federal Crop 

20 Insurance Act (7 U.S.C. 1522(e)) is amended— 

21 (1) in paragraph (2)— 

22 (A) by striking ‘‘(A) AUTHORITY.—’’ and 

23 inserting ‘‘(A) CONDUCTING AND CONTRACTING

24 FOR RESEARCH AND DEVELOPMENT.—’’; 


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1 (B) in subparagraph (A), by inserting 

2 ‘‘conduct research and development and’’ after 

3 ‘‘the Corporation may use to’’; and 

4 (C) in subparagraph (B), by inserting 

5 ‘‘conduct research and development and’’ after 

6 ‘‘for the fiscal year to’’; 

7 (2) in paragraph (3), by striking ‘‘to provide ei8 ther reimbursement payments or contract pay9 ments’’; and 

10 (3) by striking paragraph (4). 

11 SEC. 10021. ADDITIONAL RESEARCH AND DEVELOPMENT 

12 CONTRACTING REQUIREMENTS. 

13 Section 522(c) of the Federal Crop Insurance Act (7 

14 U.S.C. 1522(c)) is amended— 

15 (1) by redesignating paragraph (17) as para16 graph (24); and 

17 (2) by inserting after paragraph (16), the fol18 lowing new paragraphs: 

19 ‘‘(17) MARGIN COVERAGE FOR CATFISH.— 

20 ‘‘(A) IN GENERAL.—The Corporation shall 

21 offer to enter into a contract with a qualified 

22 entity to conduct research and development re23 garding a policy to insure producers against re24 duction in the margin between the market value 


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1 of catfish and selected costs incurred in the 

2 production of catfish. 

3 ‘‘(B) ELIGIBILITY.—Eligibility for the pol4 icy described in subparagraph (A) shall be lim5 ited to freshwater species of catfish that are 

6 propagated and reared in controlled or selected 

7 environments. 

8 ‘‘(C) IMPLEMENTATION.—The Board shall 

9 review the policy described in subparagraph (B) 

10 under subsection 508(h) and approve the policy 

11 if the Board finds that the policy— 

12 ‘‘(i) will likely result in a viable and 

13 marketable policy consistent with this sub14 section; 

15 ‘‘(ii) would provide crop insurance 

16 coverage in a significantly improved form; 

17 ‘‘(iii) adequately protects the interests 

18 of producers; and 

19 ‘‘(iv) the proposed policy meets other 

20 requirements of this subtitle determined 

21 appropriate by the Board. 

22 ‘‘(18) BIOMASS AND SWEET SORGHUM ENERGY

23 CROP INSURANCE POLICIES.— 

24 ‘‘(A) AUTHORITY.—The Corporation shall 

25 offer to enter into 1 or more contracts with 


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1 qualified entities to carry out research and de2 velopment regarding— 

3 ‘‘(i) a policy to insure biomass sor4 ghum that is grown expressly for the pur5 pose of producing a feedstock for renew6 able biofuel, renewable electricity, or 

7 biobased products; and 

8 ‘‘(ii) a policy to insure sweet sorghum 

9 that is grown for a purpose described in 

10 clause (i). 

11 ‘‘(B) RESEARCH AND DEVELOPMENT.— 

12 Research and development with respect to each 

13 of the policies required in subparagraph (A) 

14 shall evaluate the effectiveness of risk manage15 ment tools for the production of biomass sor16 ghum or sweet sorghum, including policies and 

17 plans of insurance that— 

18 ‘‘(i) are based on market prices and 

19 yields; 

20 ‘‘(ii) to the extent that insufficient 

21 data exist to develop a policy based on 

22 market prices and yields, evaluate the poli23 cies and plans of insurance based on the 

24 use of weather indices, including excessive 


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1 or inadequate rainfall, to protect the inter2 est of crop producers; and 

3 ‘‘(iii) provide protection for production 

4 or revenue losses, or both. 

5 ‘‘(19) STUDY ON SWINE CATASTROPHIC DIS6 EASE PROGRAM.— 

7 ‘‘(A) IN GENERAL.—The Corporation shall 

8 contract with a qualified person to conduct a 

9 study to determine the feasibility of insuring 

10 swine producers for a catastrophic event. 

11 ‘‘(B) REPORT.—Not later than 1 year 

12 after the date of the enactment of this para13 graph, the Corporation shall submit to the 

14 Committee on Agriculture of the House of Rep15 resentatives and the Committee on Agriculture, 

16 Nutrition, and Forestry of the Senate a report 

17 that describes the results of the study con18 ducted under subparagraph (A). 

19 ‘‘(20) WHOLE FARM DIVERSIFIED RISK MAN20 AGEMENT INSURANCE PLAN.— 

21 ‘‘(A) IN GENERAL.—The Corporation shall 

22 conduct activities or enter into contracts to 

23 carry out research and development to develop 

24 a whole farm risk management insurance plan, 

25 with a liability limitation of $1,250,000, that 


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1 allows a diversified crop or livestock producer 

2 the option to qualify for an indemnity if actual 

3 gross farm revenue is below 85 percent of the 

4 average gross farm revenue or the expected 

5 gross farm revenue that can reasonably be ex6 pected of the producer, as determined by the 

7 Corporation. 

8 ‘‘(B) ELIGIBLE PRODUCERS.—The Cor9 poration shall permit producers (including di10 rect-to-consumer marketers and producers serv11 icing local and regional and farm identity-pre12 served markets) who produce multiple agricul13 tural commodities, including specialty crops, in14 dustrial crops, livestock, and aquaculture prod15 ucts, to participate in the plan in lieu of any 

16 other plan under this subtitle. 

17 ‘‘(C) DIVERSIFICATION.—The Corporation 

18 may provide diversification-based additional 

19 coverage payment rates, premium discounts, or 

20 other enhanced benefits in recognition of the 

21 risk management benefits of crop and livestock 

22 diversification strategies for producers that 

23 grow multiple crops or that may have income 

24 from the production of livestock that uses a 

25 crop grown on the farm. 


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1 ‘‘(D) MARKET READINESS.—The Corpora2 tion may include coverage for the value of any 

3 packing, packaging, or any other similar on4 farm activity the Corporation determines to be 

5 the minimum required in order to remove the 

6 commodity from the field. 

7 ‘‘(E) REPORT.—Not later than 2 years 

8 after the date of enactment of this paragraph, 

9 the Corporation shall submit to the Committee 

10 on Agriculture of the House of Representatives 

11 and the Committee on Agriculture, Nutrition, 

12 and Forestry of the Senate a report that de13 scribes the results and feasibility of the re14 search and development conducted under this 

15 paragraph, including an analysis of potential 

16 adverse market distortions. 

17 ‘‘(21) STUDY ON POULTRY CATASTROPHIC DIS18 EASE PROGRAM.— 

19 ‘‘(A) IN GENERAL.—The Corporation shall 

20 contract with a qualified person to conduct a 

21 study to determine the feasibility of insuring 

22 poultry producers for a catastrophic event. 

23 ‘‘(B) REPORT.—Not later than 1 year 

24 after the date of the enactment of this para25 graph, the Corporation shall submit to the 


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1 Committee on Agriculture of the House of Rep2 resentatives and the Committee on Agriculture, 

3 Nutrition, and Forestry of the Senate a report 

4 that describes the results of the study con5 ducted under subparagraph (A). 

6 ‘‘(22) POULTRY BUSINESS INTERRUPTION IN7 SURANCE POLICY.— 

8 ‘‘(A) AUTHORITY.—The Corporation shall 

9 offer to enter into a contract or cooperative 

10 agreement with a university or other legal enti11 ty to carry out research and development re12 garding a policy to insure the commercial pro13 duction of poultry against business interrup14 tions caused by integrator bankruptcy. 

15 ‘‘(B) RESEARCH AND DEVELOPMENT.—As 

16 part of the research and development conducted 

17 pursuant to a contract or cooperative agreement 

18 entered into under subparagraph (A), the entity 

19 shall— 

20 ‘‘(i) evaluate the market place for 

21 business interruption insurance that is 

22 available to poultry growers; 

23 ‘‘(ii) determine what statutory author24 ity would be necessary to implement a 


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1 business interruption insurance through 

2 the Corporation; 

3 ‘‘(iii) assess the feasibility of a policy 

4 or plan of insurance offered under this 

5 subtitle to insure against losses due to the 

6 bankruptcy of an business integrator; and 

7 ‘‘(iv) analyze the costs to the Federal 

8 Government of a Federal business inter9 ruption insurance program for poultry 

10 growers. 

11 ‘‘(C) DEFINITIONS.—In this paragraph, 

12 the terms ‘poultry’ and ‘poultry grower’ have 

13 the meanings given those terms in section 2(a) 

14 of the Packers and Stockyards Act, 1921 (7 

15 U.S.C. 182(a)). 

16 ‘‘(D) DEADLINE FOR CONTRACT OR COOP17 ERATIVE AGREEMENT.—Not later than six 

18 months after the date of the enactment of this 

19 paragraph, the Corporation shall enter into the 

20 contract or cooperative agreement required by 

21 subparagraph (A). 

22 ‘‘(E) DEADLINE FOR COMPLETION OF RE23 SEARCH AND DEVELOPMENT.—Not later than 

24 one year after the date of the enactment of this 

25 paragraph, the Corporation shall submit to the 


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1 Committee on Agriculture of the House of Rep2 resentatives and the Committee on Agriculture, 

3 Nutrition, and Forestry of the Senate a report 

4 that describes the results of the research and 

5 development conducted pursuant to the contract 

6 or cooperative agreement entered into under 

7 subparagraph (A). 

8 ‘‘(23) STUDY OF FOOD SAFETY INSURANCE.— 

9 ‘‘(A) IN GENERAL.—The Corporation shall 

10 offer to enter into a contract with 1 or more 

11 qualified entities to conduct a study to deter12 mine whether offering policies that provide cov13 erage for specialty crops from food safety and 

14 contamination issues would benefit agricultural 

15 producers. 

16 ‘‘(B) SUBJECT.—The study described in 

17 subparagraph (A) shall evaluate policies and 

18 plans of insurance coverage that provide protec19 tion for production or revenue impacted by food 

20 safety concerns including, at a minimum, gov21 ernment, retail, or national consumer group an22 nouncements of a health advisory, removal, or 

23 recall related to a contamination concern. 

24 ‘‘(C) REPORT.—Not later than 1 year 

25 after the date of enactment of this paragraph, 


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1 the Corporation shall submit to the Committee 

2 on Agriculture of the House of Representatives 

3 and the Committee on Agriculture, Nutrition, 

4 and Forestry of the Senate a report that de5 scribes the results of the study conducted under 

6 subparagraph (A).’’. 

7 SEC. 10022. PROGRAM COMPLIANCE PARTNERSHIPS. 

8 Paragraph (1) of section 522(d) of the Federal Crop 

9 Insurance Act (7 U.S.C. 1522(d)) is amended to read as 

10 follows: 

11 ‘‘(1) PURPOSE.—The purpose of this subsection 

12 is to authorize the Corporation to enter into partner13 ships with public and private entities for the purpose 

14 of either— 

15 ‘‘(A) increasing the availability of loss miti16 gation, financial, and other risk management 

17 tools for producers, with a priority given to risk 

18 management tools for producers of agricultural 

19 commodities covered by section 196 of the Agri20 cultural Market Transition Act (7 U.S.C. 

21 7333), specialty crops, and underserved agricul22 tural commodities; or 

23 ‘‘(B) improving analysis tools and tech24 nology regarding compliance or identifying and 

25 using innovative compliance strategies.’’. 


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1 SEC. 10023. PILOT PROGRAMS. 

2 Section 523(a) of the Federal Crop Insurance Act (7 

3 U.S.C. 1523(a)) is amended— 

4 (1) in paragraph (1), by inserting ‘‘, at the sole 

5 discretion of the Corporation,’’ after ‘‘may’’; and 

6 (2) by striking paragraph (5). 

7 SEC. 10024. TECHNICAL AMENDMENTS. 

8 (a) ELIGIBILITY FOR DEPARTMENT PROGRAMS.— 

9 Section 508(b) of the Federal Crop Insurance Act (7 

10 U.S.C. 1508(b)) is amended— 

11 (1) by striking paragraph (7); and 

12 (2) by redesignating paragraphs (8) through 

13 (11) as paragraphs (7) through (10), respectively. 

14 (b) EXCLUSIONS TO ASSISTANCE FOR LOSSES DUE

15 TO DROUGHT CONDITIONS.— 

16 (1) IN GENERAL.—Section 531(d)(3)(A) of the 

17 Federal Crop Insurance Act (7 U.S.C. 

18 1531(d)(3)(A)) is amended— 

19 (A) by striking ‘‘(A) ELIGIBLE LOSSES.— 

20 ’’ and all that follows through ‘‘An eligible’’ in 

21 clause (i) and inserting the following: 

22 ‘‘(A) ELIGIBLE LOSSES.—An eligible’’; 

23 (B) by striking clause (ii); and 

24 (C) by redesignating subclauses (I) and 

25 (II) as clauses (i) and (ii), respectively, and in26 denting appropriately. 


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1 (2) CONFORMING AMENDMENT.—Section 

2 901(d)(3)(A) of the Trade Act of 1974 (19 U.S.C. 

3 2497(d)(3)(A)) is amended— 

4 (A) by striking ‘‘(A) ELIGIBLE LOSSES.— 

5 ’’ and all that follows through ‘‘An eligible’’ in 

6 clause (i) and inserting the following: 

7 ‘‘(A) ELIGIBLE LOSSES.—An eligible’’; 

8 (B) by striking clause (ii); and 

9 (C) by redesignating subclauses (I) and 

10 (II) as clauses (i) and (ii), respectively, and in11 denting appropriately. 

12 SEC. 10025. ADVANCE PUBLIC NOTICE OF CROP INSURANCE 

13 POLICY AND PLAN CHANGES. 

14 Section 505(e) of the Federal Crop Insurance Act (7 

15 U.S.C. 1505(e)) is amended— 

16 (1) by redesignating paragraphs (5) and (6) as 

17 paragraphs (6) and (7); respectively; and 

18 (2) by inserting after paragraph (4) the fol19 lowing new paragraph (5): 

20 ‘‘(5) ADVANCE NOTICE OF MODIFICATION BE21 FORE IMPLEMENTATION.— 

22 ‘‘(A) IN GENERAL.—Any modification to 

23 be made in the terms or conditions of any pol24 icy or plan of insurance offered under this sub25 title shall not take effect for a crop year unless 


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1 the Secretary publishes the modification in the 

2 Federal Register and on the website of the Cor3 poration and provides for a subsequent period 

4 of public comment— 

5 ‘‘(i) with respect to fall-planted crops, 

6 not later than 60 days before June 30 dur7 ing the preceding crop year; and 

8 ‘‘(ii) with respect to spring-planted 

9 crops, not later than 60 days before No10 vember 30 during the preceding crop year. 

11 ‘‘(B) WAIVER.—The Secretary may waive 

12 the application of subparagraph (A) in an emer13 gency situation declared by the Secretary upon 

14 notice to Congress of the nature of the emer15 gency and the need for immediate implementa16 tion of the policy or plan modification referred 

17 to in such subparagraph.’’. 

18 TITLE XI—MISCELLANEOUS 

19 Subtitle A—Livestock 

20 SEC. 11101. REPEAL OF THE NATIONAL SHEEP INDUSTRY 

21 IMPROVEMENT CENTER. 

22 Effective October 1, 2013, section 375 of the Consoli23 dated Farm and Rural Development Act (7 U.S.C. 2008j) 

24 is repealed. 


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1 SEC. 11102. REPEAL OF CERTAIN REGULATIONS UNDER 

2 THE PACKERS AND STOCKYARDS ACT, 1921. 

3 (a) REPEAL OF CERTAIN REGULATION REQUIRE4 MENT.—Section 11006 of the Food, Conservation, and 

5 Energy Act of 2008 (Public Law 110–246; 122 Stat. 

6 2120) is repealed. 

7 (b) REPEAL OF CERTAIN EXISTING REGULATION.— 

8 Subsection (n) of section 201.2 of title 9, Code of Federal 

9 Regulations, is repealed. 

10 (c) PROHIBITION ON ENFORCEMENT OF CERTAIN

11 REGULATIONS OR ISSUANCE OF SIMILAR REGULA12 TIONS.—Notwithstanding any other provision of law, the 

13 Secretary of Agriculture shall not— 

14 (1) enforce subsection (n) of section 201.2 of 

15 title 9, Code of Federal Regulations; 

16 (2) finalize or implement sections 201.2(l), 

17 201.2(t), 201.2(u), 201.3(c), 201.210, 201.211, 

18 201.213, and 201.214 of title 9, Code of Federal 

19 Regulations, as proposed to be added by the pro20 posed rule entitled ‘‘Implementation of Regulations 

21 Required Under Title XI of the Food, Conservation 

22 and Energy Act of 2008; Conduct in Violation of the 

23 Act’’ published by the Department of Agriculture on 

24 June 22, 2010 (75 Fed. Reg. 35338); or 

25 (3) issue regulations or adopt a policy similar 

26 to the provisions— 


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1 (A) referred to in paragraph (1) or (2); or 

2 (B) rescinded by the Secretary pursuant to 

3 section 742 of the Consolidated and Further 

4 Continuing Appropriations Act, 2013 (Public 

5 Law 113–6). 

6 SEC. 11103. TRICHINAE CERTIFICATION PROGRAM. 

7 (a) ALTERNATIVE CERTIFICATION PROCESS.—The 

8 Secretary of Agriculture shall amend the rule made under 

9 paragraph (2) of section 11010(a) of the Food, Conserva10 tion, and Energy Act of 2008 (7 U.S.C. 8304(a)) to imple11 ment the voluntary trichinae certification program estab12 lished under paragraph (1) of such section, to include a 

13 requirement to establish an alternative trichinae certifi14 cation process based on surveillance or other methods con15 sistent with international standards for categorizing com16 partments as having negligible risk for trichinae. 

17 (b) FINAL REGULATIONS.—Not later than one year 

18 after the date on which the international standards re19 ferred to in subsection (a) are adopted, the Secretary shall 

20 finalize the rule amended under such subsection. 

21 (c) REAUTHORIZATION.—Section 10405(d)(1) of the 

22 Animal Health Protection Act (7 U.S.C. 8304(d)(1)) is 

23 amended in subparagraphs (A) and (B) by striking 

24 ‘‘2012’’ each place it appears and inserting ‘‘2018’’. 


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1 SEC. 11104. NATIONAL AQUATIC ANIMAL HEALTH PLAN. 

2 Section 11013(d) of the Food, Conservation, and En3 ergy Act of 2008 (7 U.S.C. 8322(d)) is amended by strik4 ing ‘‘2012’’ and inserting ‘‘2018’’. 

5 SEC. 11105. COUNTRY OF ORIGIN LABELING. 

6 (a) IN GENERAL.—Not later than 180 days after the 

7 date of the enactment of this Act, the Secretary of Agri8 culture, acting through the Office of the Chief Economist, 

9 shall conduct an economic analysis of the proposed rule 

10 entitled ‘‘Mandatory Country of Origin Labeling of Beef, 

11 Pork, Lamb, Chicken, Goat Meat, Wild and Farm-raised 

12 Fish and Shellfish, Perishable Agricultural Commodities, 

13 Peanuts, Pecans, Ginseng and Macadamia Nuts’’ pub14 lished by the Department of Agriculture on March 12, 

15 2013 (76 Fed. Reg. 15645). 

16 (b) CONTENTS.—The economic analysis described in 

17 subsection (a) shall include, with respect to the labeling 

18 of beef, pork, and chicken, an analysis of the impact on 

19 consumers, producers, and packers in the United States 

20 of— 

21 (1) the implementation of subtitle D of the Ag22 ricultural Marketing Act of 1946 (7 U.S.C. 1638 et 

23 seq.); and 

24 (2) the proposed rule referred to in subsection 

25 (a). 


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1 SEC. 11106. NATIONAL ANIMAL HEALTH LABORATORY NET2 WORK. 

3 Subtitle E of title X of the Farm Security and Rural 

4 Investment Act of 2002 is amended by inserting after sec5 tion 10409 (7 U.S.C. 8308) the following new section: 

6 ‘‘SEC. 10409A. NATIONAL ANIMAL HEALTH LABORATORY 

7 NETWORK. 

8 ‘‘(a) IN GENERAL.—The Secretary shall enter into 

9 contracts, grants, cooperative agreements, or other legal 

10 instruments with eligible laboratories for any of the fol11 lowing purposes: 

12 ‘‘(1) To enhance the capability of the Secretary 

13 to detect, and respond in a timely manner to, emerg14 ing or existing threats to animal health and to sup15 port the protection of public health, the environ16 ment, and the agricultural economy of the United 

17 States. 

18 ‘‘(2) To provide the capacity and capability for 

19 standardized— 

20 ‘‘(A) test procedures, reference materials, 

21 and equipment; 

22 ‘‘(B) laboratory biosafety and biosecurity 

23 levels; 

24 ‘‘(C) quality management system require25 ments; 


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1 ‘‘(D) interconnected electronic reporting 

2 and transmission of data; and 

3 ‘‘(E) evaluation for emergency prepared4 ness. 

5 ‘‘(3) To coordinate the development, implemen6 tation, and enhancement of national veterinary diag7 nostic laboratory capabilities, with special emphasis 

8 on surveillance planning and vulnerability analysis, 

9 technology development and validation, training, and 

10 outreach. 

11 ‘‘(b) ELIGIBILITY.—An eligible laboratory under this 

12 section is a diagnostic laboratory meeting specific criteria 

13 developed by the Secretary, in consultation with State ani14 mal health officials and State and university veterinary di15 agnostic laboratories. 

16 ‘‘(c) PRIORITY.—To the extent practicable and to the 

17 extent capacity and specialized expertise may be nec18 essary, the Secretary shall give priority to existing Fed19 eral, State, and university facilities. 

20 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

21 are authorized to be appropriated to carry out this section 

22 $15,000,000 for each of fiscal years 2014 through 2018.’’. 


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1 SEC. 11107. REPEAL OF DUPLICATIVE CATFISH INSPECTION 

2 PROGRAM. 

3 (a) IN GENERAL.—Effective on the date of the enact4 ment of the Food, Conservation, and Energy Act of 2008 

5 (7 U.S.C. 8701 et seq.), section 11016 of such Act (Public 

6 Law 110–246; 122 Stat. 2130) and the amendments made 

7 by such section are repealed. 

8 (b) APPLICATION.—The Agricultural Marketing Act 

9 of 1946 (7 U.S.C. 1621 et seq.) and the Federal Meat 

10 Inspection Act (21 U.S.C. 601 et seq.) shall be applied 

11 and administered as if section 11016 (Public Law 110– 

12 246; 122 Stat. 2130) of the Food, Conservation, and En13 ergy Act of 2008 (7 U.S.C. 8701 et seq.) and the amend14 ments made by such section had not been enacted. 

15 SEC. 11108. NATIONAL POULTRY IMPROVEMENT PROGRAM. 

16 The Secretary of Agriculture shall ensure that the 

17 Department of Agriculture continues to administer the di18 agnostic surveillance program for H5/H7 low pathogenic 

19 avian influenza with respect to commercial poultry under 

20 section 146.14 of title 9, Code of Federal Regulations (or 

21 a successor regulation) without amending the regulations 

22 in section 147.43 of title 9, Code of Federal Regulations 

23 (or a successor regulation) with respect to the governance 

24 of the General Conference Committee established under 

25 such section. The Secretary of Agriculture shall main26 tain— 


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1 (1) the operations of the General Conference 

2 Committee— 

3 (A) in the physical location at which the 

4 Committee was located on the date of the en5 actment of this Act; and 

6 (B) with the organizational structure with7 in the Department of Agriculture in effect as of 

8 such date; and 

9 (2) the funding levels for the National Poultry 

10 Improvement Plan for Commercial Poultry (estab11 lished under part 146 of title 9, Code of Federal 

12 Regulations or a successor regulation) at the fiscal 

13 year 2013 funding levels for the Plan. 

14 SEC. 11109. REPORT ON BOVINE TUBERCULOSIS IN TEXAS. 

15 Not later than December 31, 2014, the Secretary of 

16 Agriculture shall submit to the Committee on Agriculture 

17 of the House of Representatives and the Committee on 

18 Agriculture, Nutrition, and Forestry of the Senate a re19 port on the incidence of bovine tuberculosis in cattle in 

20 Texas. The report shall cover the period beginning on Jan21 uary 1, 1997, and ending on December 31, 2013. 

22 SEC. 11110. ECONOMIC FRAUD IN WILD AND FARM-RAISED 

23 SEAFOOD. 

24 (a) IN GENERAL.—Not later than 180 days after the 

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1 culture, acting through the Office of the Chief Economist, 

2 shall submit to Congress a report on the economic implica3 tions for consumers, fishermen, and aquaculturists of 

4 fraud and mislabeling in wild and farm-raised seafood. 

5 (b) CONTENTS.—The report required under sub6 section (a) shall include, with respect to fraud and 

7 mislabeling in wild and farm-raised seafood, an analysis 

8 of the impact on consumers and producers in the United 

9 States of— 

10 (1) sales of imported seafood that is misrepre11 sented as domestic product; 

12 (2) country of origin labeling that allows sea13 food harvested outside the United States to be la14 beled as a product of the United States; 

15 (3) the lack of seafood product traceability 

16 through the supply chain; and 

17 (4) the inadequate use of DNA testing and 

18 other technology to address seafood safety and 

19 fraud, including traceability. 


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1 Subtitle B—Socially Disadvantaged 

2 Producers and Limited Re3 source Producers 

4 SEC. 11201. OUTREACH AND ASSISTANCE FOR SOCIALLY 

5 DISADVANTAGED FARMERS AND RANCHERS 

6 AND VETERAN FARMERS AND RANCHERS. 

7 (a) OUTREACH AND ASSISTANCE FOR SOCIALLY DIS8 ADVANTAGED FARMERS AND RANCHERS AND VETERAN

9 FARMERS AND RANCHERS.—Section 2501 of the Food, 

10 Agriculture, Conservation, and Trade Act of 1990 (7 

11 U.S.C. 2279) is amended— 

12 (1) in the section heading, by inserting ‘‘AND

13 VETERAN FARMERS AND RANCHERS’’ after 

14 ‘‘RANCHERS’’; 

15 (2) in subsection (a)— 

16 (A) in paragraph (1), by inserting ‘‘and 

17 veteran farmers or ranchers’’ after ‘‘ranchers’’; 

18 (B) in paragraph (2)(B)(i), by inserting 

19 ‘‘and veteran farmers or ranchers’’ after 

20 ‘‘ranchers’’; and 

21 (C) in paragraph (4)— 

22 (i) in subparagraph (A)— 

23 (I) in the heading of such sub24 paragraph, by striking ‘‘2012’’ and in25 serting ‘‘2018’’; 


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1 (II) in clause (i), by striking 

2 ‘‘and’’ at the end; 

3 (III) in clause (ii), by striking 

4 the period at the end and inserting ‘‘; 

5 and’’; and 

6 (IV) by adding at the end the fol7 lowing new clause: 

8 ‘‘(iii) $10,000,000 for each of fiscal 

9 years 2014 through 2018.’’; and 

10 (ii) by adding at the end the following 

11 new subparagraph: 

12 ‘‘(E) AUTHORIZATION OF APPROPRIA13 TIONS.—There are authorized to be appro14 priated to carry out this section $20,000,000 

15 for each of fiscal years 2014 through 2018.’’; 

16 (3) in subsection (b)(2), by inserting ‘‘or vet17 eran farmers and ranchers’’ after ‘‘socially disadvan18 taged farmers and ranchers’’; 

19 (4) in subsection (c)— 

20 (A) in paragraph (1)(A), by inserting ‘‘vet21 eran farmers or ranchers and’’ before ‘‘mem22 bers’’; and 

23 (B) in paragraph (2)(A), by inserting ‘‘vet24 eran farmers or ranchers and’’ before ‘‘mem25 bers’’; and 


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1 (5) in subsection (e)(5)(A)— 

2 (A) in clause (i), by inserting ‘‘and veteran 

3 farmers or ranchers’’ after ‘‘ranchers’’; and 

4 (B) in clause (ii), by inserting ‘‘and vet5 eran farmers or ranchers’’ after ‘‘ranchers’’. 

6 (b) DEFINITION OF VETERAN FARMER OR RANCH7 ER.—Section 2501(e) of the Food, Agriculture, Conserva8 tion, and Trade Act of 1990 (7 U.S.C. 2279(e)) is amend9 ed by adding at the end the following new paragraph: 

10 ‘‘(7) VETERAN FARMER OR RANCHER.—The 

11 term ‘veteran farmer or rancher’ means a farmer or 

12 rancher who served in the active military, naval, or 

13 air service, and who was discharged or released from 

14 the service under conditions other than dishonor15 able.’’. 

16 SEC. 11202. OFFICE OF ADVOCACY AND OUTREACH. 

17 Paragraph (3) of section 226B(f) of the Department 

18 of Agriculture Reorganization Act of 1994 (7 U.S.C. 

19 6934(f)) is amended to read as follows: 

20 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

21 There are authorized to be appropriated to carry out 

22 this subsection— 

23 ‘‘(A) such sums as are necessary for each 

24 of fiscal years 2009 through 2013; and 


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1 ‘‘(B) $2,000,000 for each of fiscal years 

2 2014 through 2018.’’. 

3 SEC. 11203. SOCIALLY DISADVANTAGED FARMERS AND 

4 RANCHERS POLICY RESEARCH CENTER. 

5 Section 2501 of the Food, Agriculture, Conservation, 

6 and Trade Act of 1990 (7 U.S.C. 2279), as amended by 

7 section 11201, is amended by adding at the end the fol8 lowing new subsection: 

9 ‘‘(i) SOCIALLY DISADVANTAGED FARMERS AND

10 RANCHERS POLICY RESEARCH CENTER.—The Secretary 

11 shall award a grant to a college or university eligible to 

12 receive funds under the Act of August 30, 1890 (7 U.S.C. 

13 321 et seq.), including Tuskegee University, to establish 

14 a policy research center to be known as the ‘Socially Dis15 advantaged Farmers and Ranchers Policy Research Cen16 ter’ for the purpose of developing policy recommendations 

17 for the protection and promotion of the interests of so18 cially disadvantaged farmers and ranchers.’’. 

19 SEC. 11204. RECEIPT FOR SERVICE OR DENIAL OF SERVICE 

20 FROM CERTAIN DEPARTMENT OF AGRI21 CULTURE AGENCIES. 

22 Section 2501A(e) of the Food, Agriculture, Conserva23 tion, and Trade Act of 1990 (7 U.S.C. 2279–1(e)) is 

24 amended by striking ‘‘and, at the time of the request, also 

25 requests a receipt’’. 


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1 Subtitle C—Other Miscellaneous 

2 Provisions 

3 SEC. 11301. GRANTS TO IMPROVE SUPPLY, STABILITY, 

4 SAFETY, AND TRAINING OF AGRICULTURAL 

5 LABOR FORCE. 

6 Subsection (d) of section 14204 of the Food, Con7 servation, and Energy Act of 2008 (7 U.S.C. 2008q–1) 

8 is amended to read as follows: 

9 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

10 are authorized to be appropriated to carry out this sec11 tion— 

12 ‘‘(1) such sums as are necessary for each of fis13 cal years 2008 through 2013; and 

14 ‘‘(2) $10,000,000 for each of fiscal years 2014 

15 through 2018.’’. 

16 SEC. 11302. PROGRAM BENEFIT ELIGIBILITY STATUS FOR 

17 PARTICIPANTS IN HIGH PLAINS WATER 

18 STUDY. 

19 Section 2901 of the Food, Conservation, and Energy 

20 Act of 2008 (Public Law 110–246; 122 Stat. 1818) is 

21 amended by striking ‘‘this Act or an amendment made by 

22 this Act’’ and inserting ‘‘this Act, an amendment made 

23 by this Act, the Federal Agriculture Reform and Risk 

24 Management Act of 2013, or an amendment made by the 


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1 Federal Agriculture Reform and Risk Management Act of 

2 2013’’. 

3 SEC. 11303. OFFICE OF TRIBAL RELATIONS. 

4 (a) IN GENERAL.—Title III of the Federal Crop In5 surance Reform and Department of Agriculture Reorga6 nization Act of 1994 is amended by adding after section 

7 308 (7 U.S.C. 3125a note; Public Law 103–354) the fol8 lowing new section: 

9 ‘‘SEC. 309. OFFICE OF TRIBAL RELATIONS. 

10 ‘‘The Secretary shall establish in the Office of the 

11 Secretary an Office of Tribal Relations to advise the Sec12 retary on policies related to Indian tribes.’’. 

13 (b) CONFORMING AMENDMENT.—Section 296(b) of 

14 the Department of Agriculture Reorganization Act of 

15 1994 (7 U.S.C. 7014(b)) is amended by inserting after 

16 paragraph (8), as added by section 3207, the following 

17 new paragraph: 

18 ‘‘(9) the authority of the Secretary to establish 

19 in the Office of the Secretary the Office of Tribal 

20 Relations in accordance with section 309; and’’. 

21 SEC. 11304. MILITARY VETERANS AGRICULTURAL LIAISON. 

22 (a) IN GENERAL.—Subtitle A of the Department of 

23 Agriculture Reorganization Act of 1994 is amended by in24 serting after section 218 (7 U.S.C. 6918) the following 

25 new section: 


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1 ‘‘SEC. 219. MILITARY VETERANS AGRICULTURAL LIAISON. 

2 ‘‘(a) AUTHORIZATION.—The Secretary shall establish 

3 in the Department the position of Military Veterans Agri4 cultural Liaison. 

5 ‘‘(b) DUTIES.—The Military Veterans Agricultural 

6 Liaison shall— 

7 ‘‘(1) provide information to returning veterans 

8 about, and connect returning veterans with, begin9 ning farmer training and agricultural vocational and 

10 rehabilitation programs appropriate to the needs and 

11 interests of returning veterans, including assisting 

12 veterans in using Federal veterans educational bene13 fits for purposes relating to beginning a farming or 

14 ranching career; 

15 ‘‘(2) provide information to veterans concerning 

16 the availability of and eligibility requirements for 

17 participation in agricultural programs, with par18 ticular emphasis on beginning farmer and rancher 

19 programs; 

20 ‘‘(3) serve as a resource for assisting veteran 

21 farmers and ranchers, and potential farmers and 

22 ranchers, in applying for participation in agricul23 tural programs; and 

24 ‘‘(4) advocate on behalf of veterans in inter25 actions with employees of the Department.’’. 


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1 (b) CONFORMING AMENDMENT.—Section 296(b) of 

2 the Department of Agriculture Reorganization Act of 

3 1994 (7 U.S.C. 7014(b)) is amended by inserting after 

4 paragraph (9), as added by section 11303, the following 

5 new paragraph: 

6 ‘‘(10) the authority of the Secretary to establish 

7 in the Department the position of Military Veterans 

8 Agricultural Liaison in accordance with section 

9 219.’’. 

10 SEC. 11305. PROHIBITION ON KEEPING GSA LEASED CARS 

11 OVERNIGHT. 

12 Effective immediately, a Federal employee of a State 

13 office of the Farm Service Agency in the field and non14 Federal employees of county and area committees estab15 lished under section 8(b)(5) of the Soil Conservation and 

16 Domestic Allotment Act (16 U.S.C. 590h(b)(5)) shall keep 

17 leased interagency motor pool vehicles at a location listed 

18 on the General Services Administration inventory of 

19 owned and leased properties or a location owned or leased 

20 by the Department of Agriculture overnight unless the em21 ployee assigned the vehicle is on overnight, approved travel 

22 status involving per diem. 


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1 SEC. 11306. NONINSURED CROP ASSISTANCE PROGRAM. 

2 Section 196 of the Federal Agriculture Improvement 

3 and Reform Act of 1996 (7 U.S.C. 7333), as amended 

4 by section 10013(b), is further amended— 

5 (1) in subsection (a)— 

6 (A) by striking paragraph (1) and insert7 ing the following new paragraph: 

8 ‘‘(1) IN GENERAL.— 

9 ‘‘(A) COVERAGES.—In the case of an eligi10 ble crop described in paragraph (2), the Sec11 retary of Agriculture shall operate a noninsured 

12 crop disaster assistance program to provide cov13 erages based on individual yields (other than 

14 for value-loss crops) equivalent to— 

15 ‘‘(i) catastrophic risk protection avail16 able under section 508(b) of the Federal 

17 Crop Insurance Act (7 U.S.C. 1508(b)); or 

18 ‘‘(ii) additional coverage available 

19 under subsections (c) and (h) of section 

20 508 of that Act (7 U.S.C. 1508) that does 

21 not exceed 65 percent. 

22 ‘‘(B) ADMINISTRATION.—The Secretary 

23 shall carry out this section through the Farm 

24 Service Agency (referred to in this section as 

25 the ‘Agency’).’’; and 

26 (B) in paragraph (2)— 


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1 (i) in subparagraph (A)— 

2 (I) in clause (i), by striking 

3 ‘‘and’’ after the semicolon at the end; 

4 (II) by redesignating clause (ii) 

5 as clause (iii); and 

6 (III) by inserting after clause (i) 

7 the following new clause: 

8 ‘‘(ii) for which additional coverage 

9 under subsections (c) and (h) of section 

10 508 of that Act (7 U.S.C. 1508) is not 

11 available; and’’; and 

12 (ii) in subparagraph (B), by inserting 

13 ‘‘sweet sorghum, biomass sorghum,’’ before 

14 ‘‘and industrial crops’’; 

15 (2) in subsection (d), by striking ‘‘The Sec16 retary’’ and inserting ‘‘Subject to subsection (l), the 

17 Secretary’’; and 

18 (3) by adding at the end the following new sub19 section: 

20 ‘‘(l) PAYMENT EQUIVALENT TO ADDITIONAL COV21 ERAGE.— 

22 ‘‘(1) IN GENERAL.—The Secretary shall make 

23 available to a producer eligible for noninsured assist24 ance under this section a payment equivalent to an 

25 indemnity for additional coverage under subsections 


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1 (c) and (h) of section 508 of the Federal Crop In2 surance Act (7 U.S.C. 1508) that does not exceed 

3 65 percent of the established yield for the eligible 

4 crop on the farm, computed by multiplying— 

5 ‘‘(A) the quantity that is not greater than 

6 65 percent of the established yield for the crop, 

7 as determined by the Secretary, specified in in8 crements of 5 percent; 

9 ‘‘(B) 100 percent of the average market 

10 price for the crop, as determined by the Sec11 retary; and 

12 ‘‘(C) a payment rate for the type of crop, 

13 as determined by the Secretary, that reflects— 

14 ‘‘(i) in the case of a crop that is pro15 duced with a significant and variable har16 vesting expense, the decreasing cost in17 curred in the production cycle for the crop 

18 that is, as applicable— 

19 ‘‘(I) harvested; 

20 ‘‘(II) planted but not harvested; 

21 or 

22 ‘‘(III) prevented from being 

23 planted because of drought, flood, or 

24 other natural disaster, as determined 

25 by the Secretary; or 


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1 ‘‘(ii) in the case of a crop that is pro2 duced without a significant and variable 

3 harvesting expense, such rate as shall be 

4 determined by the Secretary. 

5 ‘‘(2) PREMIUM.—To be eligible to receive a pay6 ment under this subsection, a producer shall pay— 

7 ‘‘(A) the service fee required by subsection 

8 (k); and 

9 ‘‘(B) a premium for the applicable crop 

10 year that is equal to the product obtained by 

11 multiplying— 

12 ‘‘(i) the number of acres devoted to 

13 the eligible crop; 

14 ‘‘(ii) the established yield for the eligi15 ble crop, as determined by the Secretary 

16 under subsection (e); 

17 ‘‘(iii) the coverage level elected by the 

18 producer; 

19 ‘‘(iv) the average market price, as de20 termined by the Secretary; and 

21 ‘‘(v) .0525. 

22 ‘‘(3) LIMITED RESOURCE, BEGINNING, AND SO23 CIALLY DISADVANTAGED FARMERS.—The additional 

24 coverage made available under this subsection shall 

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1 cially disadvantaged producers, as determined by the 

2 Secretary, in exchange for a premium that is 50 per3 cent of the premium determined for a producer 

4 under paragraph (2). 

5 ‘‘(4) PREMIUM PAYMENT AND APPLICATION

6 DEADLINE.— 

7 ‘‘(A) PREMIUM PAYMENT.—A producer 

8 electing additional coverage under this sub9 section shall pay the premium amount owed for 

10 the additional coverage by September 30 of the 

11 crop year for which the additional coverage is 

12 purchased. 

13 ‘‘(B) APPLICATION DEADLINE.—The latest 

14 date on which additional coverage under this 

15 subsection may be elected shall be the applica16 tion closing date described in subsection (b)(1). 

17 ‘‘(5) EFFECTIVE DATE.—Additional coverage 

18 under this subsection shall be available beginning 

19 with the 2015 crop.’’. 

20 SEC. 11307. ENSURING HIGH STANDARDS FOR AGENCY USE 

21 OF SCIENTIFIC INFORMATION. 

22 (a) REQUIREMENT FOR FINAL GUIDELINES.—Not 

23 later than January 1, 2014, each Federal agency shall 

24 have in effect guidelines for ensuring and maximizing the 


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1 quality, objectivity, utility, and integrity of scientific infor2 mation relied upon by such agency. 

3 (b) CONTENT OF GUIDELINES.—The guidelines de4 scribed in subsection (a), with respect to a Federal agency, 

5 shall ensure that— 

6 (1) when scientific information is considered by 

7 the agency in policy decisions— 

8 (A) the information is subject to well-es9 tablished scientific processes, including peer re10 view where appropriate; 

11 (B) the agency appropriately applies the 

12 scientific information to the policy decision; 

13 (C) except for information that is pro14 tected from disclosure by law or administrative 

15 practice, the agency makes available to the pub16 lic the scientific information considered by the 

17 agency; 

18 (D) the agency gives greatest weight to in19 formation that is based on experimental, empir20 ical, quantifiable, and reproducible data that is 

21 developed in accordance with well-established 

22 scientific processes; and 

23 (E) with respect to any proposed rule 

24 issued by the agency, such agency follows proce25 dures that include, to the extent feasible and 


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1 permitted by law, an opportunity for public 

2 comment on all relevant scientific findings; 

3 (2) the agency has procedures in place to make 

4 policy decisions only on the basis of the best reason5 ably obtainable scientific, technical, economic, and 

6 other evidence and information concerning the need 

7 for, consequences of, and alternatives to the deci8 sion; and 

9 (3) the agency has in place procedures to iden10 tify and address instances in which the integrity of 

11 scientific information considered by the agency may 

12 have been compromised, including instances in which 

13 such information may have been the product of a 

14 scientific process that was compromised. 

15 (c) APPROVAL NEEDED FOR POLICY DECISIONS TO

16 TAKE EFFECT.—No policy decision issued after January 

17 1, 2014, by an agency subject to this section may take 

18 effect prior to such date that the agency has in effect 

19 guidelines under subsection (a) that have been approved 

20 by the Director of the Office of Science and Technology 

21 Policy. 

22 (d) POLICY DECISIONS NOT IN COMPLIANCE.— 

23 (1) IN GENERAL.—Subject to paragraph (2), a 

24 policy decision of an agency that does not comply 

25 with guidelines approved under subsection (c) shall 


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1 be deemed to be arbitrary, capricious, an abuse of 

2 discretion, and otherwise not in accordance with law. 

3 (2) EXCEPTION.—This subsection shall not 

4 apply to policy decisions that are deemed to be nec5 essary because of an imminent threat to health or 

6 safety or because of another emergency. 

7 (e) DEFINITIONS.—For purposes of this section: 

8 (1) AGENCY.—The term ‘‘agency’’ has the 

9 meaning given such term in section 551(1) of title 

10 5, United States Code. 

11 (2) POLICY DECISION.—The term ‘‘policy deci12 sion’’ means, with respect to an agency, an agency 

13 action as defined in section 551(13) of title 5, 

14 United States Code, (other than an adjudication, as 

15 defined in section 551(7) of such title), and in16 cludes— 

17 (A) the listing, labeling, or other identifica18 tion of a substance, product, or activity as haz19 ardous or creating risk to human health, safety, 

20 or the environment; and 

21 (B) agency guidance. 

22 (3) AGENCY GUIDANCE.—The term ‘‘agency 

23 guidance’’ means an agency statement of general ap24 plicability and future effect, other than a regulatory 

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1 latory, or technical issue or on an interpretation of 

2 a statutory or regulatory issue. 

3 SEC. 11308. EVALUATION REQUIRED FOR PURPOSES OF 

4 PROHIBITION ON CLOSURE OR RELOCATION 

5 OF COUNTY OFFICES FOR THE FARM SERV6 ICE AGENCY. 

7 (a) PROHIBITION ON CLOSURE OR RELOCATION OF

8 OFFICES WITH HIGH WORKLOAD VOLUME.—Section 

9 14212 of the Food, Conservation, and Energy Act of 2008 

10 (7 U.S.C. 6932a) is amended by striking subsection (a) 

11 and inserting the following new subsection: 

12 ‘‘(a) PROHIBITION ON CLOSURE OR RELOCATION OF

13 OFFICES WITH HIGH WORKLOAD VOLUME.—The Sec14 retary of Agriculture may not close or relocate a county 

15 or field office of the Farm Service Agency in a State if 

16 the Secretary determines, after conducting the evaluation 

17 required under subsection (b)(1)(B), that the office has 

18 a high workload volume compared with other county of19 fices in the State.’’. 

20 (b) WORKLOAD EVALUATION.—Section 14212(b)(1) 

21 of such Act (7 U.S.C. 6932a(b)(1)) is amended— 

22 (1) by redesignating subparagraphs (A) and 

23 (B) as clauses (i) and (ii), respectively, and moving 

24 the margins of such clauses two ems to the right; 


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1 (2) by striking ‘‘the Farm Service Agency, to 

2 the maximum extent practicable’’ and inserting ‘‘the 

3 Farm Service Agency— 

4 ‘‘(A) to the maximum extent practicable’’; 

5 (3) in clause (ii) (as redesignated by paragraph 

6 (1))— 

7 (A) by inserting ‘‘as of the date of the en8 actment of this Act’’ after ‘‘employees’’; and 

9 (B) by striking the period at the end and 

10 inserting ‘‘; and’’; and 

11 (4) by adding at the end the following new sub12 paragraph: 

13 ‘‘(B) conduct and complete an evaluation 

14 of all workload assessments for Farm Service 

15 Agency county offices that were open and oper16 ational as of January 1, 2012, during the pe17 riod that begins on a date that is not later than 

18 180 days after the date of the enactment of the 

19 Federal Agriculture Reform and Risk Manage20 ment Act of 2013 and ends on the date that is 

21 18 months after such date of enactment.’’. 

22 (c) NOTICE REQUIRED.—Section 14212(b)(2) of 

23 such Act (7 U.S.C. 6932a(b)(2)) is amended— 

24 (1) in the matter preceding subparagraph (A), 

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1 section (a)(1), the Secretary of Agriculture may not 

2 close a county or field office of the Farm Service 

3 Agency unless—’’ and inserting ‘‘After carrying out 

4 each of the activities required under paragraph (1), 

5 the Secretary of Agriculture shall, before closing a 

6 county or field office of the Farm Service Agency— 

7 ’’; 

8 (2) in subparagraph (A), by striking ‘‘the Sec9 retary holds’’ and inserting ‘‘hold’’; and 

10 (3) in subparagraph (B), by striking ‘‘the Sec11 retary notifies’’ and inserting ‘‘notify’’. 

12 (d) CONFORMING AMENDMENT.—Section 

13 14212(b)(1) of such Act (7 U.S.C. 6932a(b)(1)) is amend14 ed by striking ‘‘After the period referred to in subsection 

15 (a)(1), the Secretary’’ and inserting ‘‘The Secretary’’. 

16 SEC. 11309. ACER ACCESS AND DEVELOPMENT PROGRAM. 

17 (a) GRANTS AUTHORIZED.—The Secretary of Agri18 culture may make competitive grants to States, tribal gov19 ernments, and research institutions to support the efforts 

20 of such States, tribal governments, and research institu21 tions to promote the domestic maple syrup industry 

22 through the following activities: 

23 (1) Promotion of research and education related 

24 to maple syrup production. 


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1 (2) Promotion of natural resource sustainability 

2 in the maple syrup industry. 

3 (3) Market promotion for maple syrup and 

4 maple-sap products. 

5 (4) Encouragement of owners and operators of 

6 privately held land containing species of trees in the 

7 genus Acer— 

8 (A) to initiate or expand maple-sugaring 

9 activities on the land; or 

10 (B) to voluntarily make the land available, 

11 including by lease or other means, for access by 

12 the public for maple-sugaring activities. 

13 (b) APPLICATION.—In submitting an application for 

14 a competitive grant under this section, a State, tribal gov15 ernment, or research institution shall include— 

16 (1) a description of the activities to be sup17 ported using the grant funds; 

18 (2) a description of the benefits that the State, 

19 tribal government, or research institution intends to 

20 achieve as a result of engaging in such activities; 

21 and 

22 (3) an estimate of the increase in maple-sug23 aring activities or maple syrup production that the 

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1 ticipates will occur as a result of engaging in such 

2 activities. 

3 (c) RULE OF CONSTRUCTION.—Nothing in this sec4 tion shall be construed so as to preempt a State or tribal 

5 government law, including a State or tribal government 

6 liability law. 

7 (d) DEFINITION OF MAPLE-SUGARING.—In this sec8 tion, the term ‘‘maple-sugaring’’ means the collection of 

9 sap from any species of tree in the genus Acer for the 

10 purpose of boiling to produce food. 

11 (e) REGULATIONS.—The Secretary of Agriculture 

12 shall promulgate such regulations as are necessary to 

13 carry out this section. 

14 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

15 are authorized to be appropriated to carry out this section 

16 $20,000,000 for each of fiscal years 2014 through 2018. 

17 SEC. 11310. REGULATORY REVIEW BY THE SECRETARY OF 

18 AGRICULTURE. 

19 (a) REVIEW OF REGULATORY AGENDA.—The Sec20 retary of Agriculture shall review publications that may 

21 give notice that the Environmental Protection Agency is 

22 preparing or plans to prepare any guidance, policy, memo23 randum, regulation, or statement of general applicability 

24 and future effect that may have a significant impact on 

25 a substantial number of agricultural entities, including— 


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1 (1) any regulatory agenda of the Environmental 

2 Protection Agency published pursuant to section 602 

3 of title 5, United States Code; 

4 (2) any regulatory plan or agenda published by 

5 the Environmental Protection Agency or the Office 

6 of Management and Budget pursuant to an Execu7 tive order, including Executive Order 12866; and 

8 (3) any other publication issued by the Environ9 mental Protection Agency or the Office of Manage10 ment and Budget that may reasonably be foreseen 

11 to contain notice of plans by the Environmental Pro12 tection Agency to prepare any guidance, policy, 

13 memorandum, regulation, or statement of general 

14 applicability and future effect that may have a sig15 nificant impact on a substantial number of agricul16 tural entities. 

17 (b) INFORMATION GATHERING.—For a publication 

18 item reviewed under subsection (a) that the Secretary de19 termines may have a significant impact on a substantial 

20 number of agricultural entities, the Secretary shall— 

21 (1) solicit from the Administrator of the Envi22 ronmental Protection Agency any information the 

23 Administrator may provide to facilitate a review of 

24 the publication item; 


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1 (2) utilize the Chief Economist of the Depart2 ment of Agriculture to produce an economic impact 

3 statement for the publication item that contains a 

4 detailed estimate of potential costs to agricultural 

5 entities; 

6 (3) identify individuals representative of poten7 tially affected agricultural entities for the purpose of 

8 obtaining advice and recommendations from such in9 dividuals about the potential impacts of the publica10 tion item; and 

11 (4) convene a review panel for analysis of the 

12 publication item that includes the Secretary, any 

13 full-time Federal employee of the Department of Ag14 riculture appointed to the panel by the Secretary, 

15 and any employee of the Environmental Protection 

16 Agency or the Office of Information and Regulatory 

17 Affairs within the Office of Management and Budget 

18 that accepts an invitation from the Secretary to par19 ticipate in the panel. 

20 (c) DUTIES OF THE REVIEW PANEL.—A review panel 

21 convened for a publication item under subsection (b)(4) 

22 shall— 

23 (1) review any information or material obtained 

24 by the Secretary and prepared in connection with 

25 the publication item, including any draft proposed 


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1 guidance, policy, memorandum, regulation, or state2 ment of general applicability and future effect; 

3 (2) collect advice and recommendations from 

4 agricultural entity representatives identified by the 

5 Administrator after consultation with the Secretary; 

6 (3) compile and analyze such advice and rec7 ommendations; and 

8 (4) make recommendations to the Secretary 

9 based on the information gathered by the review 

10 panel or provided by agricultural entity representa11 tives. 

12 (d) COMMENTS.— 

13 (1) IN GENERAL.—Not later than 60 days after 

14 the date the Secretary convenes a review panel pur15 suant to subsection (b)(4), the Secretary shall sub16 mit to the Administrator comments on the planned 

17 or proposed guidance, policy, memorandum, regula18 tion, or statement of general applicability and future 

19 effect for consideration and inclusion in any related 

20 administrative record, including— 

21 (A) a report by the Secretary on the con22 cerns of agricultural entities; 

23 (B) the findings of the review panel; 

24 (C) the findings of the Secretary, including 

25 any adopted findings of the review panel; and 


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1 (D) recommendations of the Secretary. 

2 (2) PUBLICATION.—The Secretary shall publish 

3 the comments in the Federal Register and make the 

4 comments available to the public on the public Inter5 net website of the Department of Agriculture. 

6 (e) WAIVERS.—The Secretary may waive initiation of 

7 the review panel under subsection (b)(4) as the Secretary 

8 determines appropriate. 

9 (f) DEFINITION OF AGRICULTURAL ENTITY.—In this 

10 section, the term ‘‘agricultural entity’’ means any entity 

11 involved in or related to agricultural enterprise, including 

12 enterprises that are engaged in the business of production 

13 of food and fiber, ranching and raising of livestock, aqua14 culture, and all other farming and agricultural related in15 dustries. 

16 SEC. 11311. PROHIBITION ON ATTENDING AN ANIMAL 

17 FIGHTING VENTURE OR CAUSING A MINOR 

18 TO ATTEND AN ANIMAL FIGHTING VENTURE. 

19 Section 26(a)(1) of the Animal Welfare Act (7 U.S.C. 

20 2156(a)(1)) is amended by striking the period and insert21 ing ‘‘or to knowingly attend or knowingly cause a minor 

22 to attend an animal fighting venture.’’. 


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1 SEC. 11312. PROHIBITION AGAINST INTERFERENCE BY 

2 STATE AND LOCAL GOVERNMENTS WITH 

3 PRODUCTION OR MANUFACTURE OF ITEMS 

4 IN OTHER STATES. 

5 (a) IN GENERAL.—Consistent with Article I, section 

6 8, clause 3 of the Constitution of the United States, the 

7 government of a State or locality therein shall not impose 

8 a standard or condition on the production or manufacture 

9 of any agricultural product sold or offered for sale in inter10 state commerce if— 

11 (1) such production or manufacture occurs in 

12 another State; and 

13 (2) the standard or condition is in addition to 

14 the standards and conditions applicable to such pro15 duction or manufacture pursuant to— 

16 (A) Federal law; and 

17 (B) the laws of the State and locality in 

18 which such production or manufacture occurs. 

19 (b) AGRICULTURAL PRODUCT DEFINED.—In this 

20 section, the term ‘‘agricultural product’’ has the meaning 

21 given such term in section 207 of the Agricultural Mar22 keting Act of 1946 (7 U.S.C. 1626). 

23 SEC. 11313. INCREASED PROTECTION FOR AGRICULTURAL 

24 INTERESTS IN THE MISSOURI RIVER BASIN. 

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


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1 (1) Record runoff occurred in the Missouri 

2 River basin during 2011 as a result of historic rain3 fall over portions of the upper basin coupled with 

4 heavy plains and mountain snowpack. 

5 (2) Runoff above Sioux City, Iowa, during the 

6 5-month period of March through July totaled an es7 timated 48.4 million acre-feet (referred to in this 

8 section as ‘‘MAF’’). This runoff volume was more 

9 than 20 percent greater than the design storm for 

10 the Missouri River Mainstem Reservoir System (re11 ferred to in this section as the ‘‘System’’), which was 

12 based on the 1881 runoff of 40.0 MAF during the 

13 same 5-month period. 

14 (3) During the 2011 runoff season, nearly 61 

15 million acre-feet of water entered the Missouri River 

16 system, far surpassing the previous record of 49 

17 MAF in runoff that was set during the flood of 

18 1997. 

19 (4) Given the incredible amount of water enter20 ing the System, the summer months were spent 

21 working to evacuate as much water from the System 

22 as possible, ultimately leading to record high water 

23 releases from Gavins Point Dam of 160,000 cubic 

24 feet per second, a rate that more than doubled the 


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1 previous release record of 70,000 cubic feet per sec2 ond set in 1997. 

3 (5) For nearly four months, those extremely 

4 high releases from Gavins Point were maintained, 

5 resulting in severe and sustained flooding, with 

6 much of western Iowa and eastern Nebraska as well 

7 as portions of South Dakota, Kansas, and Missouri 

8 inundated by a flooding river three to five feet deep, 

9 up to 11 miles wide, and flowing at a rate of 4 to 

10 11 miles per hour. 

11 (6) Thousands of homes and businesses were 

12 damaged or destroyed and hundreds of millions of 

13 dollars in damage was done to roads and other pub14 lic infrastructure. 

15 (7) In addition to the homes, businesses, and 

16 infrastructure impacted by the flooding, hundreds of 

17 thousands of acres of cropland were affected. 

18 (8) The Department of Agriculture has esti19 mated that 400,000 to 500,000 acres of some of the 

20 most productive crop land in the world was flooded 

21 in 2011. 

22 (9) Local Farm Services Agency representatives 

23 have estimated that $82,100,000 was lost in 2011 

24 alone due to damaged or lost crops and unplanted 

25 acres. 


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1 (10) Not only did the flooding eliminate the 

2 2011 crop, but it is highly unlikely that many farm3 ers will be able to put that land back into production 

4 at any point in the near future. 

5 (11) Producers will have to contend with large 

6 piles of sand, silt, and other debris that have been 

7 deposited in their fields, meaning the impact of the 

8 2011 flood will be felt in the agricultural commu9 nities up and down the Missouri River for many 

10 years to come. 

11 (12) Currently, the amount of storage capacity 

12 in the System that is set aside for flood control is 

13 based upon the vacated space required to control the 

14 1881 flood, because prior to the 2011 flood, the 

15 1881 flood was seen as the ‘‘high water mark’’. 

16 (13) Given the historic flooding that took place 

17 in 2011, it is clear that year’s flooding now rep18 resents a new ‘‘high water mark’’, surpassing the 

19 flooding of even the 1881 flood. 

20 (14) It is important that the flood control re21 lated functions of the System management be ad22 justed to reflect the reality of the 2011 flood as the 

23 new ‘‘worst case scenario’’ for flooding along the 

24 Missouri River. 


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1 (15) System management may begin to be ad2 justed to account for the 2011 flood through a recal3 culation of the amount of storage space within the 

4 System that is allocated to flood control, using the 

5 model not of the 1881 flood, but of the greatest 

6 flood experienced—the flood of 2011. 

7 (16) As a result of the flooding in 2011, many 

8 States received disaster declarations from the De9 partment of Agriculture to help farmers and pro10 ducers recover from the damage done by the high 

11 water. 

12 (17) Though helpful, even the assistance pro13 vided by the Department of Agriculture will not pro14 vide many in the agriculture community with the re15 sources to put their land back into production any 

16 time soon. 

17 (18) Without the protection that will come from 

18 a fundamental change in the System’s flood control 

19 storage allocations, farmers, producers, and other 

20 agricultural interests who may be in a position to re21 start their operations will find it difficult to justify 

22 doing so, given the fact that they will not be pro23 tected from similar flooding in the future. 

24 (b) UPDATED MANAGEMENT OF THE MISSOURI

25 RIVER TO PROTECT AGRICULTURAL INTERESTS.—In 


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1 order to strengthen the agricultural economy, revitalize 

2 the rural communities, and conserve the natural resources 

3 of the Missouri River basin, the Congress directs that the 

4 Secretary of Agriculture take action to promote immediate 

5 increased flood protection to farmers, producers, and other 

6 agricultural interests in the Missouri River basin by work7 ing within its jurisdiction to support efforts— 

8 (1) to recalculate the amount of space within 

9 the System that is allocated to flood control storage 

10 using the 2011 flood as the model; and 

11 (2) to increase the Missouri River’s channel ca12 pacity between the reservoirs and below Gavins 

13 Point. 

14 SEC. 11314. INCREASED PROTECTION FOR AGRICULTURAL 

15 INTERESTS IN THE BLACK DIRT REGION. 

16 In order to strengthen the agricultural economy, revi17 talize the rural communities, and conserve the natural re18 sources of the Black Dirt region, the Congress directs that 

19 the Secretary of Agriculture take action to promote imme20 diate increased flood protection to farmers, producers, and 

21 other agricultural interests around the Wallkill River and 

22 in the Black Dirt region. 


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1 SEC. 11315. PROTECTION OF HONEY BEES AND OTHER POL2 LINATORS. 

3 (a) IN GENERAL.—The Secretary, in consultation 

4 with the Secretary of the Interior and the Administrator 

5 of the Environmental Protection Agency, shall carry out 

6 such activities as the Secretary determines to be appro7 priate to protect and ensure the long-term viability of pop8 ulations of honey bees, wild bees, and other beneficial in9 sects of agricultural crops, horticultural plants, wild 

10 plants, and other plants, including— 

11 (1) providing technical expertise relating to pro12 posed agency actions that may threaten pollinator 

13 health or jeopardize the long-term viability of popu14 lations of pollinators; 

15 (2) providing formal guidance on national poli16 cies relating to— 

17 (A) permitting managed honey bees to for18 age on National Forest Service lands where 

19 compatible with other natural resource manage20 ment priorities; and 

21 (B) planting and maintaining managed 

22 honey bee and native pollinator forage on Na23 tional Forest Service lands where compatible 

24 with other natural resource management prior25 ities; 


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1 (3) making use of the best available peer-re2 viewed science regarding environmental and chemical 

3 stressors on pollinator health; and 

4 (4) regularly monitoring and reporting on the 

5 health and population status of managed and native 

6 pollinators including bees, birds, bats, and other spe7 cies. 

8 (b) TASK FORCE ON BEE HEALTH AND COMMERCIAL

9 BEEKEEPING.— 

10 (1) ESTABLISHMENT.—The Secretary shall es11 tablish a task force— 

12 (A) to coordinate Federal efforts carried 

13 out on or after the date of enactment of this 

14 Act to address the serious worldwide decline in 

15 bee health, especially honey bees and declining 

16 native bees; and 

17 (B) to assess Federal efforts to mitigate 

18 pollinator losses and threats to the United 

19 States commercial beekeeping industry. 

20 (2) AGENCY CONSULTATION.—The task force 

21 established under this subsection shall seek ongoing 

22 consultation from any Federal agency carrying out 

23 activities important to bee health and commercial 

24 beekeeping, including officials from— 

25 (A) the Department of Agriculture; 


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1 (B) the Department of the Interior; 

2 (C) the Environmental Protection Agency; 

3 (D) the Food and Drug Administration; 

4 (E) the Department of Commerce; and 

5 (F) U.S. Customs and Border Protection. 

6 (3) STAKEHOLDER CONSULTATION.—The task 

7 force established under this subsection shall consult 

8 with beekeeper, conservation, scientist, and agricul9 tural stakeholders. 

10 (c) REPORT TO CONGRESS.—Not later than 180 days 

11 after the date of enactment of this Act, the task force es12 tablished under subsection (b) shall submit to Congress 

13 a report that— 

14 (1) summarizes Federal activities carried out 

15 pursuant to subsection (f) of section of the Food, 

16 Agriculture, Conservation, and Trade Act of 1990 (7 

17 U.S.C. 5925) (as redesignated by section 7209) or 

18 any other provision of law (including regulations) to 

19 address bee decline; 

20 (2) summarizes international efforts to address 

21 the decline of managed honey bees and native polli22 nators; and 

23 (3) provides recommendations to Congress re24 garding how to better coordinate Federal agency efVerDate Mar 15 2010 21:18 Jul 16, 2013 Jkt 029200 PO 00000 Frm 00581 Fmt 6652 Sfmt 6201 E:\BILLS\H2642.PCS H2642

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1 forts to address the decline of managed honey bees 

2 and native pollinators. 

3 (d) POLLINATOR RESEARCH LAB FEASIBILITY

4 STUDY.— 

5 (1) IN GENERAL.—The Secretary, acting 

6 through the Administrator of the Agricultural Re7 search Service, may conduct feasibility studies re8 garding— 

9 (A) re-locating existing honey bee and na10 tive pollinator research from Federal labora11 tories to a cooperator-run facility in a location 

12 most geographically appropriate for pollinator 

13 research; and 

14 (B) modernizing existing honey bee re15 search laboratories identified by the Agricul16 tural Research Service in the capital investment 

17 strategy document dated 2012. 

18 (2) CONSULTATION.—In conducting the feasi19 bility studies under paragraph (1), the Secretary 

20 shall consult with— 

21 (A) beekeeper, native bee, agricultural, re22 search institution, and bee conservation stake23 holders regarding new research laboratory 

24 needs under paragraph (1)(A); and 


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1 (B) commercial beekeepers regarding the 

2 modernizing of existing honey bee laboratories 

3 under paragraph (1)(B). 

4 SEC. 11316. PRODUCE REPRESENTED AS GROWN IN THE 

5 UNITED STATES WHEN IT IS NOT IN FACT 

6 GROWN IN THE UNITED STATES. 

7 (a) TECHNICAL ASSISTANCE TO CBP.—The Sec8 retary of Agriculture shall make available to U.S. Customs 

9 and Border Protection technical assistance related to the 

10 identification of produce represented as grown in the 

11 United States when it is not in fact grown in the United 

12 States. 

13 (b) REPORT TO CONGRESS.—The Secretary shall 

14 submit to the Committee on Agriculture of the House of 

15 Representatives and the Committee on Agriculture, Nutri16 tion, and Forestry of the Senate a report on produce rep17 resented as grown in the United States when it is not in 

18 fact grown in the United States. 

19 SEC. 11317. URBAN AGRICULTURE COORDINATION. 

20 The Secretary of Agriculture shall coordinate oppor21 tunities for urban agriculture, by— 

22 (1) compiling a list of all programs adminis23 tered by the Secretary or by the head of any other 

24 department, agency, or instrumentality of the United 


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1 States to which urban farmers can apply for assist2 ance or participation; 

3 (2) examining and implementing opportunities 

4 to adjust the regulations governing the programs to 

5 enable urban farmers to participate in more of the 

6 programs; 

7 (3) developing a process for streamlining the 

8 process by which urban farmers may apply for as9 sistance from, or for participation in, the programs, 

10 including through the use of a single, harmonized 

11 application for multiple programs; and 

12 (4) such other methods as the Secretary deems 

13 appropriate. 

14 SEC. 11318. SENSE OF CONGRESS ON INCREASED BUSINESS 

15 OPPORTUNITIES FOR BLACK FARMERS, 

16 WOMEN, MINORITIES, AND SMALL BUSI17 NESSES. 

18 It is the sense of Congress that the Federal Govern19 ment should increase the number of contracts the Federal 

20 Government awards to black farmers, businesses owned 

21 and controlled by women, businesses owned and controlled 

22 by minorities, and small business concerns. 

23 SEC. 11319. SENSE OF CONGRESS REGARDING AGRI24 CULTURE SECURITY PROGRAMS. 

25 It is the sense of Congress that— 


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1 (1) agricultural nutrients and other agricultural 

2 chemicals are essential to ensuring the most efficient 

3 production of food, fuel, and fiber; 

4 (2) these products must be properly stored, 

5 handled, transported, and used to ensure that they 

6 are not misused or cause harm either accidentally or 

7 intentionally; 

8 (3) the Department of Agriculture is the Fed9 eral agency with the staffing and technical expertise 

10 to understand the important role these products play 

11 in agriculture; 

12 (4) other Federal departments and agencies 

13 have been given lead responsibility to develop and 

14 implement security programs affecting the avail15 ability, storage, transportation, and use of a variety 

16 of chemicals and products used in agriculture; 

17 (5) it is critical that the Department of Agri18 culture participates fully in the development of any 

19 such security programs to ensure that they do not 

20 unnecessarily restrict the availability of the most ef21 ficient and beneficial products needed to sustain ag22 riculture in the United States; 

23 (6) the Secretary of Agriculture should review 

24 staffing at the Department to ensure that the agen25 cy has senior employees within the Department at 


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1 the Senior Executive Service level or higher, who 

2 have responsibility for coordinating with other Fed3 eral, State, and international agencies in the devel4 opment of regulations, guidance, and procedures for 

5 the secure handling of agricultural chemicals; and 

6 (7) such employees shall— 

7 (A) work with manufacturers, retailers, 

8 and the general farm community to review ex9 isting and proposed Federal, State, and inter10 national agricultural chemical security regula11 tions; 

12 (B) coordinate with manufacturers, retail13 ers, transporters, and farmers to evaluate how 

14 existing and proposed security regulations, in15 cluding systems to track the sale, transpor16 tation, delivery, and use of agricultural prod17 ucts, can be designed to minimize any adverse 

18 impact on agricultural productivity; 

19 (C) evaluate how existing and proposed se20 curity regulations will affect the ability of agri21 cultural producers to have timely access to nu22 trients, chemicals, and other products that are 

23 affordable and best suited to the producers’ op24 erations; 


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1 (D) develop recommendations on best prac2 tices, policies, and regulatory mechanisms relat3 ing to existing and proposed security programs 

4 to ensure that there is minimal adverse impact 

5 on agricultural productivity; and 

6 (E) engage with Federal agencies with re7 sponsibility for establishing security programs 

8 to ensure that they have the information needed 

9 to develop procedures for effective security ad10 ministration and enforcement that minimize 

11 any adverse impact on domestic or international 

12 agricultural productivity. 

13 SEC. 11320. REPORT ON WATER SHARING. 

14 Not later than 120 days after the date of the enact15 ment of this Act and annually thereafter, the Secretary 

16 of State shall submit to Congress a report on— 

17 (1) efforts by Mexico to meet its treaty deliv18 eries of water to the Rio Grande in accordance with 

19 the Treaty between the United States and Mexico 

20 Respecting Utilization of waters of the Colorado and 

21 Tijuana Rivers and of the Rio Grande (done at 

22 Washington, February 3, 1944); and 

23 (2) the benefits to the United States of the In24 terim International Cooperative Measures in the Col25 orado River Basin through 2017 and Extension of 


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1 Minute 318 Cooperative Measures to Address the 

2 Continued Effects of the April 2010 Earthquake in 

3 the Mexicali Valley, Baja, California (done at Coro4 nado, California, November 20, 2012; commonly re5 ferred to as ‘‘Minute No. 319’’). 

6 SEC. 11321. SCIENTIFIC AND ECONOMIC ANALYSIS OF THE 

7 FDA FOOD SAFETY MODERNIZATION ACT. 

8 (a) IN GENERAL.—The Secretary of Health and 

9 Human Services (referred to in this section as the ‘‘Sec10 retary’’) may not enforce any regulations promulgated 

11 under the FDA Food Safety Modernization Act (Public 

12 Law 111–353) until the Secretary publishes in the Fed13 eral Register the following: 

14 (1) An analysis of the scientific information 

15 used in the final rule to implement the FDA Food 

16 Safety Modernization Act with a particular focus 

17 on— 

18 (A) agricultural businesses of a variety of 

19 sizes; 

20 (B) regional differences of agriculture pro21 duction, processing, marketing, and value added 

22 production; 

23 (C) agricultural businesses that are diverse 

24 livestock and produce producers; and 


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1 (D) what, if any, negative impact on the 

2 agricultural businesses would be created, or ex3 acerbated, by implementation of the FDA Food 

4 Safety Modernization Act. 

5 (2) An analysis of the economic impact of the 

6 proposed final rule to implement the FDA Food 

7 Safety Modernization Act with a particular focus 

8 on— 

9 (A) agricultural businesses of a variety of 

10 sizes; and 

11 (B) small and mid-sized value added food 

12 processors. 

13 (3) A plan to systematically evaluate the regula14 tions by surveying farmers and processors and devel15 oping an ongoing process to evaluate and address 

16 business concerns. 

17 (b) ANNUAL REPORT.—Not later than 1 year after 

18 the date of enactment of this Act and annually thereafter, 

19 the Secretary shall submit to the Committee on Agri20 culture, Nutrition, and Forestry of the Senate and the 

21 Committee on Agriculture of the House of Representatives 

22 a report on the impact of implementation of the regula23 tions promulgated under the FDA Food Safety Mod24 ernization Act. 


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1 SEC. 11322. IMPROVED DEPARTMENT OF AGRICULTURE 

2 CONSIDERATION OF ECONOMIC IMPACT OF 

3 REGULATIONS ON SMALL BUSINESS. 

4 The Secretary of Agriculture shall complete proce5 dures consistent with the requirements of subsection (b) 

6 of section 609 of title 5, United States Code, whenever 

7 the Department of Agriculture promulgates any rule 

8 which will have a significant economic impact on a sub9 stantial number of small entities. 

10 SEC. 11323. SILVICULTURAL ACTIVITIES. 

11 Section 402(l) of the Federal Water Pollution Control 

12 Act (33 U.S.C. 1342(l)) is amended by adding at the end 

13 the following: 

14 ‘‘(3) SILVICULTURAL ACTIVITIES.— 

15 ‘‘(A) NPDES PERMIT REQUIREMENTS FOR

16 SILVICULTURAL ACTIVITIES.—The Adminis17 trator shall not require a permit or otherwise 

18 promulgate regulations under this section or di19 rectly or indirectly require any State to require 

20 a permit under this section for a discharge of 

21 stormwater runoff resulting from the conduct of 

22 the following silviculture activities: nursery op23 erations, site preparation, reforestation and 

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1 vesting operations, surface drainage, and road 

2 use, construction, and maintenance. 

3 ‘‘(B) PERMITS FOR DREDGED OR FILL MA4 TERIAL.—Nothing in this paragraph exempts a 

5 silvicultural activity resulting in the discharge 

6 of dredged or fill material from any permitting 

7 requirement under section 404.’’. 

8 SEC. 11324. APPLICABILITY OF SPILL PREVENTION, CON9 TROL, AND COUNTERMEASURE RULE. 

10 (a) IN GENERAL.—The Administrator, in imple11 menting the Spill Prevention, Control, and Counter12 measure rule with respect to any farm, shall— 

13 (1) require certification of compliance with such 

14 rule by— 

15 (A) a professional engineer for a farm 

16 with— 

17 (i) an individual tank with an above18 ground storage capacity greater than 

19 10,000 gallons; 

20 (ii) an aggregate aboveground storage 

21 capacity greater than or equal to 42,000 

22 gallons; or 

23 (iii) a history that includes a spill, as 

24 determined by the Administrator; or 


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1 (B) the owner or operator of the farm (via 

2 self-certification) for a farm with— 

3 (i) an aggregate aboveground storage 

4 capacity greater than 10,000 gallons but 

5 less than 42,000 gallons; and 

6 (ii) no history of spills, as determined 

7 by the Administrator; and 

8 (2) exempt from all requirements of such rule 

9 any farm— 

10 (A) with an aggregate aboveground storage 

11 capacity of less than or equal to 10,000 gallons; 

12 and 

13 (B) no history of spills, as determined by 

14 the Administrator. 

15 (b) CALCULATION OF AGGREGATE ABOVEGROUND

16 STORAGE CAPACITY.—For the purposes of subsection (a), 

17 the aggregate aboveground storage capacity of a farm ex18 cludes— 

19 (1) all containers on separate parcels that have 

20 a capacity that is less than 1,320 gallons; and 

21 (2) all storage containers holding animal feed 

22 ingredients approved for use in livestock feed by the 

23 Food and Drug Administration. 

24 (c) DEFINITIONS.—In this section, the following defi25 nitions apply: 


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1 (1) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of the Environ3 mental Protection Agency. 

4 (2) FARM.—The term ‘‘farm’’ has the meaning 

5 given such term in section 112.2 of title 40, Code 

6 of Federal Regulations. 

7 (3) GALLON.—The term ‘‘gallon’’ refers to a 

8 United States liquid gallon. 

9 (4) HISTORY OF SPILLS.—The term ‘‘history of 

10 spills’’ has the meaning used to describe the term 

11 ‘‘reportable discharge history’’ in section 112.7(k)(1) 

12 of title 40, Code of Federal Regulations (or suc13 cessor regulations). 

14 (5) SPILL PREVENTION, CONTROL, AND COUN15 TERMEASURE RULE.—The term ‘‘Spill Prevention, 

16 Control, and Countermeasure rule’’ means the regu17 lation promulgated by the Environmental Protection 

18 Agency under part 112 of title 40, Code of Federal 

19 Regulations. 

20 SEC. 11325. AGRICULTURAL PRODUCER INFORMATION DIS21 CLOSURE. 

22 (a) DEFINITIONS.—In this section: 

23 (1) ADMINISTRATOR.—The term ‘‘Adminis24 trator’’ means the Administrator of the Environ25 mental Protection Agency. 


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1 (2) AGENCY.—The term ‘‘Agency’’ means the 

2 Environmental Protection Agency. 

3 (3) AGRICULTURAL OPERATION.—The term 

4 ‘‘agricultural operation’’ includes any operation 

5 where an agricultural commodity crop is raised, in6 cluding livestock operations. 

7 (4) LIVESTOCK OPERATION.—The term ‘‘live8 stock operation’’ includes any operation involved in 

9 the raising or finishing of livestock or poultry. 

10 (b) DISCLOSURE OF INFORMATION.— 

11 (1) PROHIBITION.—Except as provided in para12 graph (2), the Administrator, any officer or em13 ployee of the Agency, or any contractor of the Agen14 cy, shall not make public the information of any 

15 owner, operator, or employee of an agricultural oper16 ation provided to the Agency by a farmer, rancher, 

17 or livestock producer or a State agency that has 

18 been obtained in accordance with the Federal Water 

19 Pollution Control Act (33 U.S.C. 1251 et seq.) or 

20 any other law, including— 

21 (A) names; 

22 (B) telephone numbers; 

23 (C) email addresses; 

24 (D) physical addresses; 


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1 (E) Global Positioning System coordinates; 

2 or 

3 (F) other identifying location information. 

4 (2) EFFECT.—Nothing in paragraph (1) af5 fects— 

6 (A) the disclosure of information described 

7 in paragraph (1) if— 

8 (i) the information has been trans9 formed into a statistical or aggregate form 

10 at the county level or higher without any 

11 information that identifies the agricultural 

12 operation or agricultural producer; or 

13 (ii) the producer consents to the dis14 closure; or 

15 (B) the authority of any State agency to 

16 collect information on livestock operations. 

17 (3) CONDITION OF PERMIT OR OTHER PRO18 GRAMS.—The approval of any permit, practice, or 

19 program administered by the Administrator shall not 

20 be conditioned on the consent of the agricultural 

21 producer or livestock producer under paragraph 

22 (2)(A)(ii). 

23 SEC. 11326. REPORT ON NATIONAL OCEAN POLICY. 

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


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1 (1) Executive Order 13547, issued on July 19, 

2 2010, established the national policy for the Stew3 ardship of the Ocean, Our Coasts, and the Great 

4 Lakes and requires— 

5 (A) Federal implementation of ‘‘ecosystem6 based management’’ to achieve a ‘‘fundamental 

7 shift’’ in how the United States manages ocean, 

8 coastal, and Great Lakes resources; and 

9 (B) the establishment of nine new govern10 mental ‘‘Regional Planning Bodies’’ and 

11 ‘‘Coastal and Marine Spatial Plans’’ in every 

12 region of the United States. 

13 (2) Executive Order 13547 created a 54-mem14 ber National Ocean Council led by the White House 

15 Council on Environmental Quality and Office of 

16 Science and Technology Policy that includes 54 prin17 cipal and deputy-level representatives from Federal 

18 entities, including the Department of Agriculture. 

19 (3) Executive Order 13547 requires National 

20 Ocean Council members, including the Department 

21 of Agriculture, to take action to implement the Pol22 icy and participate in coastal and marine spatial 

23 planning to the maximum extent possible. 

24 (4) The Final Recommendations of the Inter25 agency Ocean Policy Task Force that were adopted 


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1 by Executive Order 13547 state that ‘‘effective’’ im2 plementation of the National Ocean Policy will ‘‘re3 quire clear and easily understood requirements and 

4 regulations, where appropriate, that include enforce5 ment as a critical component’’. 

6 (5) Despite repeated Congressional requests, 

7 the National Ocean Council, which is charged with 

8 overseeing implementation of the policy, has still not 

9 provided a complete accounting of Federal activities 

10 under the policy and resources expended and allo11 cated in furtherance of implementation of the policy. 

12 (6) The continued economic and budgetary 

13 challenges of the United States underscore the ne14 cessity for sound, transparent, and practical Federal 

15 policies. 

16 (b) REPORT.—Not later than 90 days after the date 

17 of the enactment of this Act, the Inspector General of the 

18 Department of Agriculture shall submit to the Committee 

19 on Agriculture of the House of Representatives and the 

20 Committee on Agriculture, Nutrition, and Forestry of the 

21 Senate a report detailing— 

22 (1) all activities engaged in and resources ex23 pended in furtherance of Executive Order 13547 

24 since July 19, 2010; and 


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1 (2) any budget requests for fiscal year 2014 for 

2 support of implementation of Executive Order 

3 13547. 

4 SEC. 11327. SUNSETTING OF PROGRAMS. 

5 (a) IN GENERAL.—Subject to subsection (b), each 

6 fiscal year the Secretary of Agriculture may not carry out 

7 any program— 

8 (1) for which an authorization of appropriations 

9 is established or extended under this Act; and 

10 (2) that is funded by discretionary appropria11 tions (as defined in section 250(c) of the Balanced 

12 Budget and Emergency Deficit Control Act of 1985 

13 (2 U.S.C. 900(c))). 

14 (b) EFFECTIVE DATE.—Subsection (a) shall take ef15 fect with respect to a program referred to in such sub16 section on the date on which the authorization of appro17 priations under this Act for such program expires. 

18 (c) EXISTING OBLIGATIONS.—Subsection (a) does 

19 not affect the ability of the Secretary to carry out respon20 sibilities with regard to loans, grants, or other obligations 

21 made or in existence before an applicable effective date 

22 under subsection (b). 


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1 Subtitle D—Chesapeake Bay 

2 Accountability and Recovery 

3 SEC. 11401. SHORT TITLE. 

4 This subtitle may be cited as the ‘‘Chesapeake Bay 

5 Accountability and Recovery Act of 2013’’. 

6 SEC. 11402. CHESAPEAKE BAY CROSSCUT BUDGET. 

7 (a) CROSSCUT BUDGET.—The Director, in consulta8 tion with the Chesapeake Executive Council, the chief ex9 ecutive of each Chesapeake Bay State, and the Chesa10 peake Bay Commission, shall submit to Congress a finan11 cial report containing— 

12 (1) an interagency crosscut budget that dis13 plays— 

14 (A) the proposed funding for any Federal 

15 restoration activity to be carried out in the suc16 ceeding fiscal year, including any planned inter17 agency or intra-agency transfer, for each of the 

18 Federal agencies that carry out restoration ac19 tivities; 

20 (B) to the extent that information is avail21 able, the estimated funding for any State res22 toration activity to be carried out in the suc23 ceeding fiscal year; 

24 (C) all expenditures for Federal restoration 

25 activities from the preceding 2 fiscal years, the 


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1 current fiscal year, and the succeeding fiscal 

2 year; and 

3 (D) all expenditures, to the extent that in4 formation is available, for State restoration ac5 tivities during the equivalent time period de6 scribed in subparagraph (C); 

7 (2) a detailed accounting of all funds received 

8 and obligated by all Federal agencies for restoration 

9 activities during the current and preceding fiscal 

10 years, including the identification of funds which 

11 were transferred to a Chesapeake Bay State for res12 toration activities; 

13 (3) to the extent that information is available, 

14 a detailed accounting from each State of all funds 

15 received and obligated from a Federal agency for 

16 restoration activities during the current and pre17 ceding fiscal years; and 

18 (4) a description of each of the proposed Fed19 eral and State restoration activities to be carried out 

20 in the succeeding fiscal year (corresponding to those 

21 activities listed in subparagraphs (A) and (B) of 

22 paragraph (1)), including the— 

23 (A) project description; 

24 (B) current status of the project; 


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1 (C) Federal or State statutory or regu2 latory authority, programs, or responsible agen3 cies; 

4 (D) authorization level for appropriations; 

5 (E) project timeline, including benchmarks; 

6 (F) references to project documents; 

7 (G) descriptions of risks and uncertainties 

8 of project implementation; 

9 (H) adaptive management actions or 

10 framework; 

11 (I) coordinating entities; 

12 (J) funding history; 

13 (K) cost sharing; and 

14 (L) alignment with existing Chesapeake 

15 Bay Agreement and Chesapeake Executive 

16 Council goals and priorities. 

17 (b) MINIMUM FUNDING LEVELS.—The Director shall 

18 only describe restoration activities in the report required 

19 under subsection (a) that— 

20 (1) for Federal restoration activities, have fund21 ing amounts greater than or equal to $100,000; and 

22 (2) for State restoration activities, have funding 

23 amounts greater than or equal to $50,000. 

24 (c) DEADLINE.—The Director shall submit to Con25 gress the report required by subsection (a) not later than 


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1 30 days after the submission by the President of the Presi2 dent’s annual budget to Congress. 

3 (d) REPORT.—Copies of the financial report required 

4 by subsection (a) shall be submitted to the Committees 

5 on Appropriations, Natural Resources, Energy and Com6 merce, and Transportation and Infrastructure of the 

7 House of Representatives and the Committees on Appro8 priations, Environment and Public Works, and Commerce, 

9 Science, and Transportation of the Senate. 

10 (e) EFFECTIVE DATE.—This section shall apply be11 ginning with the first fiscal year after the date of enact12 ment of this Act for which the President submits a budget 

13 to Congress. 

14 SEC. 11403. RESTORATION THROUGH ADAPTIVE MANAGE15 MENT. 

16 (a) IN GENERAL.—Not later than 1 year after the 

17 date of enactment of this Act, the Administrator, in con18 sultation with other Federal and State agencies, and with 

19 the participation of stakeholders, shall develop a plan to 

20 provide technical and financial assistance to Chesapeake 

21 Bay States to employ adaptive management in carrying 

22 out restoration activities in the Chesapeake Bay water23 shed. 

24 (b) PLAN DEVELOPMENT.—The plan referred to in 

25 subsection (a) shall include— 


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1 (1) specific and measurable objectives to im2 prove water quality, habitat, and fisheries identified 

3 by Chesapeake Bay States; 

4 (2) a process for stakeholder participation; 

5 (3) monitoring, modeling, experimentation, and 

6 other research and evaluation technical assistance 

7 requested by Chesapeake Bay States; 

8 (4) identification of State restoration activities 

9 planned by Chesapeake Bay States to attain the 

10 State’s objectives under paragraph (1); 

11 (5) identification of Federal restoration activi12 ties that could help a Chesapeake Bay State to at13 tain the State’s objectives under paragraph (1); 

14 (6) recommendations for a process for modifica15 tion of State and Federal restoration activities that 

16 have not attained or will not attain the specific and 

17 measurable objectives set forth under paragraph (1); 

18 and 

19 (7) recommendations for a process for inte20 grating and prioritizing State and Federal restora21 tion activities and programs to which adaptive man22 agement can be applied. 

23 (c) IMPLEMENTATION.—In addition to carrying out 

24 Federal restoration activities under existing authorities 

25 and funding, the Administrator shall implement the plan 


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1 developed under subsection (a) by providing technical and 

2 financial assistance to Chesapeake Bay States using re3 sources available for such purposes that are identified by 

4 the Director under section 11402. 

5 (d) UPDATES.—The Administrator shall update the 

6 plan developed under subsection (a) every 2 years. 

7 (e) REPORT TO CONGRESS.— 

8 (1) IN GENERAL.—Not later than 60 days after 

9 the end of a fiscal year, the Administrator shall 

10 transmit to Congress an annual report on the imple11 mentation of the plan required under this section for 

12 such fiscal year. 

13 (2) CONTENTS.—The report required under 

14 paragraph (1) shall contain information about the 

15 application of adaptive management to restoration 

16 activities and programs, including level changes im17 plemented through the process of adaptive manage18 ment. 

19 (3) EFFECTIVE DATE.—Paragraph (1) shall 

20 apply to the first fiscal year that begins after the 

21 date of enactment of this Act. 

22 (f) INCLUSION OF PLAN IN ANNUAL ACTION PLAN

23 AND ANNUAL PROGRESS REPORT.—The Administrator 

24 shall ensure that the Annual Action Plan and Annual 

25 Progress Report required by section 205 of Executive 


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1 Order 13508 includes the adaptive management plan out2 lined in subsection (a). 

3 SEC. 11404. INDEPENDENT EVALUATOR FOR THE CHESA4 PEAKE BAY PROGRAM. 

5 (a) IN GENERAL.—There shall be an Independent 

6 Evaluator for restoration activities in the Chesapeake Bay 

7 watershed, who shall review and report on restoration ac8 tivities and the use of adaptive management in restoration 

9 activities, including on such related topics as are suggested 

10 by the Chesapeake Executive Council. 

11 (b) APPOINTMENT.— 

12 (1) IN GENERAL.—The Independent Evaluator 

13 shall be appointed by the Administrator from among 

14 nominees submitted by the Chesapeake Executive 

15 Council. 

16 (2) NOMINATIONS.—The Chesapeake Executive 

17 Council may submit to the Administrator 4 nomi18 nees for appointment to any vacancy in the office of 

19 the Independent Evaluator. 

20 (c) REPORTS.—The Independent Evaluator shall sub21 mit a report to the Congress every 2 years in the findings 

22 and recommendations of reviews under this section. 

23 (d) CHESAPEAKE EXECUTIVE COUNCIL.—In this sec24 tion, the term ‘‘Chesapeake Executive Council’’ has the 

25 meaning given that term by section 307 of the National 


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1 Oceanic and Atmospheric Administration Authorization 

2 Act of 1992 (Public Law 102–567; 15 U.S.C. 1511d). 

3 SEC. 11405. DEFINITIONS. 

4 In this subtitle, the following definitions apply: 

5 (1) ADAPTIVE MANAGEMENT.—The term 

6 ‘‘adaptive management’’ means a type of natural re7 source management in which project and program 

8 decisions are made as part of an ongoing science9 based process. Adaptive management involves test10 ing, monitoring, and evaluating applied strategies 

11 and incorporating new knowledge into programs and 

12 restoration activities that are based on scientific 

13 findings and the needs of society. Results are used 

14 to modify management policy, strategies, practices, 

15 programs, and restoration activities. 

16 (2) ADMINISTRATOR.—The term ‘‘Adminis17 trator’’ means the Administrator of the Environ18 mental Protection Agency. 

19 (3) CHESAPEAKE BAY STATE.—The term 

20 ‘‘Chesapeake Bay State’’ or ‘‘State’’ means the 

21 States of Maryland, West Virginia, Delaware, and 

22 New York, the Commonwealths of Virginia and 

23 Pennsylvania, and the District of Columbia. 

24 (4) CHESAPEAKE BAY WATERSHED.—The term 

25 ‘‘Chesapeake Bay watershed’’ means the Chesapeake 


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1 Bay and the geographic area, as determined by the 

2 Secretary of the Interior, consisting of 36 tributary 

3 basins, within the Chesapeake Bay States, through 

4 which precipitation drains into the Chesapeake Bay. 

5 (5) CHIEF EXECUTIVE.—The term ‘‘chief exec6 utive’’ means, in the case of a State or Common7 wealth, the Governor of each such State or Common8 wealth and, in the case of the District of Columbia, 

9 the Mayor of the District of Columbia. 

10 (6) DIRECTOR.—The term ‘‘Director’’ means 

11 the Director of the Office of Management and Budg12 et. 

13 (7) STATE RESTORATION ACTIVITIES.—The 

14 term ‘‘State restoration activities’’ means any State 

15 programs or projects carried out under State author16 ity that directly or indirectly protect, conserve, or re17 store living resources, habitat, water resources, or 

18 water quality in the Chesapeake Bay watershed, in19 cluding programs or projects that promote respon20 sible land use, stewardship, and community engage21 ment in the Chesapeake Bay watershed. Restoration 

22 activities may be categorized as follows: 

23 (A) Physical restoration. 

24 (B) Planning. 

25 (C) Feasibility studies. 


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1 (D) Scientific research. 

2 (E) Monitoring. 

3 (F) Education. 

4 (G) Infrastructure development. 

5 (8) FEDERAL RESTORATION ACTIVITIES.—The 

6 term ‘‘Federal restoration activities’’ means any 

7 Federal programs or projects carried out under ex8 isting Federal authority that directly or indirectly 

9 protect, conserve, or restore living resources, habitat, 

10 water resources, or water quality in the Chesapeake 

11 Bay watershed, including programs or projects that 

12 provide financial and technical assistance to promote 

13 responsible land use, stewardship, and community 

14 engagement in the Chesapeake Bay watershed. Res15 toration activities may be categorized as follows: 

16 (A) Physical restoration. 

17 (B) Planning. 

18 (C) Feasibility studies. 

19 (D) Scientific research. 

20 (E) Monitoring. 


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1 (F) Education. 

2 (G) Infrastructure development. 

Passed the House of Representatives July 11, 2013. 

Attest: KAREN L. HAAS, 

Clerk. 


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Calendar No. 136 

113TH CONGRESS 

1ST SESSION H. R. 2642 

AN ACT 

To provide for the reform and continuation of agriother purposes. of Agriculture through fiscal year 2018, and for cultural and other programs of the Department 

JULY 16 (legislative day, JULY 15), 2013 

Received; read twice and placed on the calendar 


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