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(A) was unusable for agricultural production during
the 2000 crop year as the result of flooding;
(B) was used for agricultural production during at least
one of the 1992 through 1999 crop years;
(C) is a contiguous parcel of land of at least 1 acre;
and
(D) is located in a county in which producers were
eligible for assistance under the 1998 Flood Compensation
Program established under part 1439 of title 7, Code of
Federal Regulations.
(2) EXCLUSIONS.—The term ‘‘covered land’’ excludes any
land for which a producer is insured, enrolled, or assisted
during the 2000 crop year under—
(A) a policy or plan of insurance authorized under
the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.);
(B) the noninsured crop assistance program operated
under section 196 of the Agricultural Market Transition
Act (7 U.S.C. 7333);
(C) any crop disaster program established for the 2000
crop year;
(D) the conservation reserve program established under
subchapter B of chapter 1 of subtitle D of the Food Security
Act of 1985 (16 U.S.C. 3831 et seq.);
(E) the wetlands reserve program established under
subchapter C of chapter 1 of subtitle D of the Food Security
Act of 1985 (16 U.S.C. 3837 et seq.);
(F) any emergency watershed protection program or
Federal easement program that prohibits crop production
or grazing; or
(G) any other Federal or State water storage program,
as determined by the Secretary.
(b) COMPENSATION.—The Secretary shall use not more than
$24,000,000 of funds of the Commodity Credit Corporation to com-
pensate producers with covered land described with respect to losses
from long-term flooding.
(c) PAYMENT RATE.—The payment rate for compensation pro-
vided to a producer under this section shall equal the average
county cash rental rate per acre established by the National Agricul-
tural Statistics Service for the 2000 crop year.
(d) PAYMENT LIMITATION.—The total amount of payments made
to a person (as defined in section 1001(5) of the Food Security
Act (7 U.S.C. 1308(5))) under this section may not exceed $40,000.
(e) CONFORMING AMENDMENT.—H.R. 3425 of the 106th Con-
gress (as enacted into law by section 1000(a)(5) of Public Law
106–113 (113 Stat. 1535) and included as Appendix E of that
Public Law (113 Stat. 1501A–289)) is amended in section 207 (113
Stat. 1501A–294) by inserting ‘‘or Lake’’ after ‘‘Harney’’.
SEC. 258. FLOOD MITIGATION NEAR PIERRE, SOUTH DAKOTA.
(a) REQUIREMENT.—Subject to subsection (b), as soon as prac-
ticable after the date of the enactment of this Act, with respect
to land and property described in the Flood Mitigation Study and
Project Implementation Plan for the Missouri River near Pierre,
South Dakota, prepared by the Omaha District Corps of Engineers,
dated August 12, 1999, the Secretary of the Army shall—
(1) acquire the land and property from willing sellers;
and
H. R. 2559—69
(2)(A) floodproof the land;
(B) relocate individuals located on the land;
(C) improve infrastructure on the land; or
(D) take other measures determined by the Secretary.
(b) RELEASES.—
(1) IN
GENERAL.—The Secretary shall not proceed with
full wintertime Oahe Powerplant releases until the Secretary
amends the economic analysis in effect on the date of the
enactment of this Act to include an assumption that the Federal
Government is responsible for mitigating any existing ground
water flooding to the land and property described in subsection
(a).
(2) REDUCTION.—To the extent the Secretary identifies
benefits of mitigating any existing ground water flooding, full
wintertime Oahe Powerplant releases shall be reduced con-
sistent with the economic analysis described in paragraph (1).
(3) MINIMUM
LEVEL.—This subsection shall not permit
Oahe Powerplant releases to be reduced below existing oper-
ational levels.
SEC. 259. RESTORATION OF ELIGIBILITY FOR CROP LOSS ASSISTANCE.
(a) EFFECT
OF CHANGE
IN LEGAL STRUCTURE.—In the case
of an individual or entity that was not eligible for a payment
pursuant to subsection (c) of section 1102 of the Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 1999 (as contained in section 101(a) of division
A of Public Law 105–277; 7 U.S.C. 1421 note), solely because
the individual or entity changed the legal structure of the individ-
ual’s or entity’s farming operation, the individual or entity shall
be eligible for the payment the individual or entity would have
received pursuant to that subsection had the individual or entity
not changed the legal structure, less the amount of any payment
received by the individual or entity pursuant to subsection (b)
of that section.
(b) MULTIPLE FARMING OPERATIONS.—
(1) ELIGIBLE INDIVIDUALS.—In the case of an individual
not described in subsection (a) that farmed acreage as a pro-
ducer as a part of more than one farming operation, none
of which received a payment pursuant to subsection (c) of
section 1102 of the Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies Appropriations Act,
1999, the individual shall be eligible for a payment pursuant
to that subsection for losses that the Secretary determines
would have been eligible for compensation with respect to that
acreage based on the individual’s interest in the production
from that acreage.
(2) REDUCTION.—A payment made pursuant to paragraph
(1) to an individual shall be reduced by the amount of a pay-
ment made pursuant to subsection (b) of that section 1102
attributed directly or indirectly to the individual with respect
to the acreage described in paragraph (1).
H. R. 2559—70
Subtitle G—Administration
SEC. 261. FUNDING.
(a) PAYMENT.—Out of any moneys in the Treasury not otherwise
appropriated, the Secretary of the Treasury shall provide to the
Secretary the following:
(1) $34,000,000 for fiscal year 2000 to carry out section
241(a).
(2) $465,500,000 for fiscal year 2001 to carry out the
following:
(A) Section 203 (other than subsection (f )).
(B) Subtitle C.
(C) Section 231.
(D) Section 241 (other than subsection (a)).
(E) Sections 252 and 253.
(b) ACCEPTANCE.—The Secretary shall be entitled to receive
the funds and shall accept the funds, without further appropriation.
SEC. 262. OBLIGATION PERIOD.
Except as otherwise provided in this title, the Secretary and
the Commodity Credit Corporation shall obligate and expend—
(1) funds made available under section 261(a)(1) only
during fiscal year 2000; and
(2) funds made available under section 261(a)(2), and funds
of the Commodity Credit Corporation made available under
this title, only during fiscal year 2001.
SEC. 263. REGULATIONS.
(a) PROMULGATION.—As soon as practicable after the date of
the enactment of this Act, the Secretary and the Commodity Credit
Corporation, as appropriate, shall promulgate such regulations as
are necessary to implement this title and the amendments made
by this title. The promulgation of the regulations and administration
of this title shall be made without regard to—
(1) the notice and comment provisions of section 553 of
title 5, United States Code;
(2) the Statement of Policy of the Secretary of Agriculture
effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices
of proposed rulemaking and public participation in rulemaking;
and
(3) chapter 35 of title 44, United States Code (commonly
known as the ‘‘Paperwork Reduction Act’’).
(b) CONGRESSIONAL REVIEW OF AGENCY RULEMAKING.—In car-
rying out this section, the Secretary shall use the authority provided
under section 808 of title 5, United States Code.
SEC. 264. PAYGO ADJUSTMENT.
The Director of the Office of Management and Budget shall
not make any estimates of changes in direct spending outlays
and receipts under section 252(d) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 902(d)) resulting
from enactment of this title.
SEC. 265. COMMODITY CREDIT CORPORATION REIMBURSEMENT.
Out of any moneys in the Treasury not otherwise appropriated,
the Secretary of the Treasury shall use such sums as may be
necessary to reimburse the Commodity Credit Corporation for net
H. R. 2559—71
realized losses sustained, but not previously reimbursed, under
this title.
TITLE III—BIOMASS RESEARCH AND
DEVELOPMENT ACT OF 2000
SEC. 301. SHORT TITLE.
This title may be cited as the ‘‘Biomass Research and Develop-
ment Act of 2000’’.
SEC. 302. FINDINGS.
Congress finds that—
(1) conversion of biomass into biobased industrial products
offers outstanding potential for benefit to the national interest
through—
(A) improved strategic security and balance of pay-
ments;
(B) healthier rural economies;
(C) improved environmental quality;
(D) near-zero net greenhouse gas emissions;
(E) technology export; and
(F) sustainable resource supply;
(2) the key technical challenges to be overcome in order
for biobased industrial products to be cost-competitive are
finding new technology and reducing the cost of technology
for converting biomass into desired biobased industrial prod-
ucts;
(3) biobased fuels, such as ethanol, have the clear potential
to be sustainable, low cost, and high performance fuels that
are compatible with both current and future transportation
systems and provide near-zero net greenhouse gas emissions;
(4) biobased chemicals have the clear potential for environ-
mentally benign product life cycles;
(5) biobased power can—
(A) provide environmental benefits;
(B) promote rural economic development; and
(C) diversify energy resource options;
(6) many biomass feedstocks suitable for industrial proc-
essing show the clear potential for sustainable production, in
some cases resulting in improved soil fertility and carbon
sequestration;
(7)(A) grain processing mills are biorefineries that produce
a diversity of useful food, chemical, feed, and fuel products;
and
(B) technologies that result in further diversification of
the range of value-added biobased industrial products can meet
a key need for the grain processing industry;
(8)(A) cellulosic feedstocks are attractive because of their
low cost and widespread availability; and
(B) research resulting in cost-effective technology to over-
come the recalcitrance of cellulosic biomass would allow bio-
refineries to produce fuels and bulk chemicals on a very large
scale, with a commensurately large realization of the benefit
described in paragraph (1);
(9) research into the fundamentals to understand important
mechanisms of biomass conversion can be expected to accelerate