I 

111TH CONGRESS 

1ST SESSION H. R. 1399 

To amend the Food Security Act of 1985 to support State and tribal government efforts to encourage owners and operators of privately held farm, 

ranch, and forest land containing maple trees to make their land available 

for access by the public for maple-tapping activities under programs 

administered by States and tribal governments. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 9, 2009 

Mr. MCHUGH introduced the following bill; which was referred to the 

Committee on Agriculture 

A BILL 

To amend the Food Security Act of 1985 to support State 

and tribal government efforts to encourage owners and 

operators of privately held farm, ranch, and forest land 

containing maple trees to make their land available for 

access by the public for maple-tapping activities under 

programs administered by States and tribal governments. 

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. 

4 This Act may be cited as the ‘‘Maple Tapping Access 

5 Program Act’’. 


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1 SEC. 2. SUPPORT FOR MAPLE-TAPPING ACCESS PRO2 GRAMS. 

3 Chapter 5 of subtitle D of title XII of the Food Secu4 rity Act of 1985 (16 U.S.C. 3839bb et seq.) is amended 

5 by adding at the end the following new section: 

6 ‘‘SEC. 1240S. SUPPORT FOR MAPLE-TAPPING ACCESS PRO7 GRAMS. 

8 ‘‘(a) DEFINITION OF MAPLE TAPPING.—In this sec9 tion, the term ‘maple-tapping’ means the collection of sap 

10 from any species of tree in the genus Acer for the purpose 

11 of boiling to produce food. 

12 ‘‘(b) GRANTS.—The Secretary shall make grants to 

13 States and tribal governments to support State and tribal 

14 government efforts to encourage owners and operators of 

15 privately held farm, ranch, and forest land— 

16 ‘‘(1) to initiate or expand maple-tapping activi17 ties; or 

18 ‘‘(2) to voluntarily make the land available, in19 cluding by lease or other means, for access by the 

20 public for maple-tapping activities under such pro21 grams. 

22 ‘‘(c) APPLICATIONS.—In submitting an application 

23 for a grant under this section, a State or tribal govern24 ment shall include— 

25 ‘‘(1) a description of the activities to be sup26 ported using the grant funds; 


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1 ‘‘(2) a description of the benefits that the State 

2 or tribal government intends to achieve as a result 

3 of the activities; and 

4 ‘‘(3) an estimate of the anticipated increase in 

5 maple-tapping activities and maple syrup production 

6 to occur as a result of the activities. 

7 ‘‘(d) PRIORITY.—In approving applications and 

8 awarding grants under this section, the Secretary shall 

9 give priority to States and tribal governments that pro10 pose— 

11 ‘‘(1) to maximize participation by offering a 

12 program the terms of which are likely to meet with 

13 widespread acceptance among landowners; 

14 ‘‘(2) to increase maple-tapping activities and 

15 maple syrup production; 

16 ‘‘(3) to ensure that land enrolled under the 

17 State or tribal government program has an appro18 priate stock of trees suitable for maple-tapping ac19 tivities; and 

20 ‘‘(4) to use additional Federal, State, tribal 

21 government, or private resources in carrying out the 

22 program. 

23 ‘‘(e) RELATIONSHIP TO OTHER LAWS.—Nothing in 

24 this section preempts a State or tribal government law, 

25 including any State or tribal government liability law. 


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1 ‘‘(f) REGULATIONS.—The Secretary shall promulgate 

2 such regulations as are necessary to carry out this section. 

3 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

4 is authorized to be appropriated to carry out this section 

5 $20,000,000 for each of fiscal years 2010 through 2014.’’. 

Æ 


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