597 
(2) by adding at the end the following new 
paragraph: 
‘‘(4) TIME PERIODS FOR CONSIDERATION.— 
‘‘(A) INITIAL RESPONSE.—Not later than 
120 days after the date on which the Secretary 
receives a Tribal request under paragraph (1), 
the Secretary shall provide an initial response 
to the Indian Tribe regarding— 
‘‘(i) whether the request may meet the 
selection criteria described in subsection 
(c); and 
‘‘(ii) the likelihood of the Secretary 
entering into an agreement or contract 
with the Indian Tribe under paragraph (2) 
for activities described in paragraph (3). 
‘‘(B) NOTICE OF DENIAL.—Notice under 
subsection (d) of the denial of a Tribal request 
under paragraph (1) shall be provided not later 
than 1 year after the date on which the Sec-
retary received the request. 
‘‘(C) COMPLETION.—Not later than 2 
years after the date on which the Secretary re-
ceives a Tribal request under paragraph (1), 
other than a Tribal request denied under sub-
section (d), the Secretary shall—
598 
‘‘(i) complete all environmental re-
views necessary in connection with the 
agreement or contract and proposed activi-
ties under the agreement or contract; and 
‘‘(ii) enter into the agreement or con-
tract with the Indian Tribe under para-
graph (2).’’. 
(b) CONFORMING AND TECHNICAL AMENDMENTS.— 
Section 2 of the Tribal Forest Protection Act of 2004 (25 
U.S.C. 3115a) is amended— 
(1) in subsections (b)(1) and (f)(1), by striking 
‘‘section 347 of the Department of the Interior and 
Related Agencies Appropriations Act, 1999 (16 
U.S.C. 2104 note; Public Law 105–277) (as amend-
ed by section 323 of the Department of the Interior 
and Related Agencies Appropriations Act, 2003 (117 
Stat. 275))’’ and inserting ‘‘section 604 of the 
Healthy Forests Restoration Act of 2003 (16 U.S.C. 
6591c)’’; and 
(2) in subsection (d), by striking ‘‘subsection 
(b)(1), the Secretary may’’ and inserting ‘‘para-
graphs (1) and (4)(B) of subsection (b), the Sec-
retary shall’’.
599 
SEC. 8402. TRIBAL FOREST MANAGEMENT DEMONSTRA-
TION PROJECT. 
The Secretary of the Interior and the Secretary of 
Agriculture may carry out demonstration projects by 
which federally recognized Indian Tribes or Tribal organi-
zations may contract to perform administrative, manage-
ment, and other functions of programs of the Tribal For-
est Protection Act of 2004 (25 U.S.C. 3115a et seq.) 
through contracts entered into under the Indian Self-De-
termination and Education Assistance Act (25 U.S.C. 
5304 et seq.). 
Subtitle E—Other Matters 
SEC. 8501. CLARIFICATION OF RESEARCH AND DEVELOP-
MENT PROGRAM FOR WOOD BUILDING CON-
STRUCTION. 
(a) IN GENERAL.—The Secretary shall conduct per-
formance-driven research and development, education, and 
technical assistance for the purpose of facilitating the use 
of innovative wood products in wood building construction 
in the United States. 
(b) ACTIVITIES.—In carrying out subsection (a), the 
Secretary shall— 
(1) after receipt of input and guidance from, 
and collaboration with, the wood products industry, 
conservation organizations, and institutions of high-
er education, conduct research and development,
600 
education, and technical assistance that meets meas-
urable performance goals for the achievement of the 
priorities described in subsection (c); and 
(2) after coordination and collaboration with 
the wood products industry and conservation organi-
zations, make competitive grants to institutions of 
higher education to conduct research and develop-
ment, education, and technical assistance that meets 
measurable performance goals for the achievement 
of the priorities described in subsection (c). 
(c) PRIORITIES.—The research and development, 
education, and technical assistance conducted under sub-
section (a) shall give priority to— 
(1) ways to improve the commercialization of 
innovative wood products; 
(2) analyzing the safety of tall wood building 
materials; 
(3) calculations by the Secretary of the life 
cycle environmental footprint, from extraction of raw 
materials through the manufacturing process, of tall 
wood building construction; 
(4) analyzing methods to reduce the life cycle 
environmental footprint of tall wood building con-
struction;
601 
(5) analyzing the potential implications of the 
use of innovative wood products in building con-
struction on wildlife; and 
(6) one or more other research areas identified 
by the Secretary, in consultation with conservation 
organizations, institutions of higher education, and 
the wood products industry. 
(d) TIMEFRAME.—To the maximum extent prac-
ticable, the measurable performance goals for the research 
and development, education, and technical assistance con-
ducted under subsection (a) shall be achievable within a 
5-year period. 
(e) DEFINITIONS.—In this section: 
(1) INNOVATIVE
WOOD
PRODUCT.—The term 
‘‘innovative wood product’’ means a type of building 
component or system that uses large panelized wood 
construction, including mass timber. 
(2) MASS TIMBER.—The term ‘‘mass timber’’ 
includes— 
(A) cross-laminated timber; 
(B) nail-laminated timber; 
(C) glue-laminated timber; 
(D) laminated strand lumber; and 
(E) laminated veneer lumber.
602 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Agriculture, acting through the Re-
search and Development deputy area and the State 
and Private Forestry deputy area of the Forest 
Service. 
(4) TALL
WOOD
BUILDING.—The term ‘‘tall 
wood building’’ means a building designed to be— 
(A) constructed with mass timber; and 
(B) more than 85 feet in height. 
SEC. 
8502. 
UTILITY 
INFRASTRUCTURE 
RIGHTS-OF-WAY 
VEGETATION 
MANAGEMENT 
PILOT 
PRO-
GRAM. 
(a) PILOT
PROGRAM
REQUIRED.—To encourage 
owners or operators of rights-of-way on National Forest 
System land to partner with the Forest Service to volun-
tarily perform vegetation management on a proactive basis 
to better protect utility infrastructure from potential pass-
ing wildfires, the Secretary shall conduct a limited, vol-
untary pilot program, in the manner described in this sec-
tion, to permit vegetation management projects on Na-
tional Forest System land adjacent to or near such rights- 
of-way. 
(b) ELIGIBLE PARTICIPANTS.—A participant in the 
pilot program must have a right-of-way on National For-
est System land. In selecting participants, the Secretary
603 
shall give priority to holders of a right-of-way who have 
worked with Forest Service fire scientists and used tech-
nologies, such as Light Detection and Ranging surveys, 
to improve utility infrastructure protection prescriptions. 
(c) PROJECT ELEMENTS.—A vegetation management 
project under the pilot program involves limited and selec-
tive vegetation management activities, which— 
(1) shall create the least amount of disturbance 
reasonably necessary to protect utility infrastructure 
from passing wildfires based on applicable models, 
including Forest Service fuel models; 
(2) may include thinning, fuel reduction, cre-
ation and treatment of shaded fuel breaks, and other 
measures as appropriate; 
(3) shall only take place adjacent to the partici-
pant’s right-of-way or within 75 feet of the partici-
pant’s right-of-way; 
(4) shall not take place in any designated wil-
derness area, wilderness study area, or inventoried 
roadless area; and 
(5) shall be subject to approval by the Forest 
Service in accordance with this section. 
(d) PROJECT COSTS.—A participant in the pilot pro-
gram shall be responsible for all costs, as determined by 
the Secretary, incurred in participating in the pilot pro-
604 
gram, unless the Secretary determines that it is in the 
public interest for the Forest Service to contribute funds 
for a vegetation management project conducted under the 
pilot program. 
(e) LIABILITY.— 
(1) IN
GENERAL.—Participation in the pilot 
program does not affect any existing legal obliga-
tions or liability standards that— 
(A) arise under the right-of-way for activi-
ties in the right-of-way; or 
(B) apply to fires resulting from causes 
other than activities conducted pursuant to an 
approved vegetation management project. 
(2) PROJECT WORK.—A participant shall not be 
liable to the United States for damage proximately 
caused by activities conducted pursuant to an ap-
proved vegetation management project unless— 
(A) such activities were carried out in a 
manner that was grossly negligent or that vio-
lated criminal law; or 
(B) the damage was caused by the failure 
of the participant to comply with specific safety 
requirements expressly imposed by the Forest 
Service as a condition of participating in the 
pilot program.
605 
(f) IMPLEMENTATION.—The Secretary shall utilize 
existing laws and regulations in the conduct of the pilot 
program and, in order to implement the pilot program in 
an efficient and expeditious manner, may waive or modify 
specific provisions of the Federal Acquisition Regulation, 
including modifications to allow for formation of contracts 
or agreements on a noncompetitive basis. 
(g) TREATMENT
OF PROCEEDS.—Notwithstanding 
any other provision of law, the Secretary may— 
(1) retain any funds provided to the Forest 
Service by a participant in the pilot program; and 
(2) use such funds, in such amounts as may be 
appropriated, in the conduct of the pilot program. 
(h) DEFINITIONS.—In this section: 
(1) NATIONAL
FOREST
SYSTEM
LAND.—The 
term ‘‘National Forest System land’’ means land 
within the National Forest System, as defined in 
section 11(a) of the Forest and Rangeland Renew-
able Resources Planning Act of 1974 (16 U.S.C. 
1609(a)) exclusive of the National Grasslands and 
land utilization projects designated as National 
Grasslands administered pursuant to the Act of July 
22, 1937 (7 U.S.C. 1010–1012).
606 
(2) PASSING
WILDFIRE.—The term ‘‘passing 
wildfire’’ means a wildfire that originates outside the 
right-of-way. 
(3) RIGHT-OF-WAY.—The term ‘‘right-of-way’’ 
means a special use authorization issued by the For-
est Service allowing the placement of utility infra-
structure. 
(4) UTILITY
INFRASTRUCTURE.—The term 
‘‘utility infrastructure’’ means electric transmission 
lines, natural gas infrastructure, or related struc-
tures. 
(i) DURATION.—The authority to conduct the pilot 
program, and any vegetation management project under 
the pilot program, expires December 21, 2027. 
(j) REPORT TO CONGRESS.—Not later than Decem-
ber 31, 2019, and every two years thereafter, the Sec-
retary shall issue a report to the Committee on Energy 
and Natural Resources of the Senate, the Committee on 
Agriculture, Nutrition, and Forestry of the Senate, the 
Committee on Natural Resources of the House of Rep-
resentatives, and the Committee on Agriculture of the 
House of Representatives on the status of the program 
and any projects established under this section.
607 
SEC. 8503. REVISION OF EXTRAORDINARY CIRCUMSTANCES 
REGULATIONS. 
(a) DETERMINATIONS
OF
EXTRAORDINARY
CIR-
CUMSTANCES.—In determining whether extraordinary cir-
cumstances related to a proposed action preclude use of 
a categorical exclusion, the Forest Service shall not be re-
quired to— 
(1) consider whether a proposed action is within 
a potential wilderness area; 
(2) consider whether a proposed action affects 
a Forest Service sensitive species; 
(3) conduct an analysis under section 220.4(f) 
of title 36, Code of Federal Regulations, of the pro-
posed action’s cumulative impact (as the term is de-
fined in section 1508.7 of title 40, Code of Federal 
Regulations); 
(4) consider a determination under section 7 of 
the Endangered Species Act of 1973 (16 U.S.C. 
1536) that a proposed action may affect, but is not 
likely to adversely affect, threatened, endangered, or 
candidate species, or designated critical habitats; or 
(5) consider a determination under section 7 of 
the Endangered Species Act of 1973 (16 U.S.C. 
1536) that a proposed action may affect, and is like-
ly to adversely affect threatened, endangered, can-
didate species, or designated critical habitat if the
608 
agency is in compliance with the applicable provi-
sions of the biological opinion. 
(b) PROPOSED RULEMAKING.—Not later than 60 
days after the date of the enactment of this Act, the Sec-
retary of Agriculture shall publish a notice of proposed 
rulemaking to revise section 220.6(b) of title 36, Code of 
Federal Regulations to conform such section with sub-
section (a). 
(c) ADDITIONAL REVISION.—As part of the proposed 
rulemaking described in subsection (b), the Secretary of 
Agriculture shall revise section 220.5(a)(2) of title 36, 
Code of Federal Regulations, to provide that the Forest 
Service shall not be required to consider proposals that 
would substantially alter a potential wilderness area as a 
class of actions normally requiring environmental impact 
statements. 
(d) ADDITIONAL ACTIONS.—Not later than 120 days 
after the date of the enactment of this Act, the Secretary 
of Agriculture shall issue final regulations to carry out the 
revisions described in subsections (b) and (c). 
SEC. 8504. NO LOSS OF FUNDS FOR WILDFIRE SUPPRES-
SION. 
Nothing in this title or the amendments made by this 
title may be construed to limit from the availability of 
funds or other resources for wildfire suppression.
609 
SEC. 8505. TECHNICAL CORRECTIONS. 
(a) WILDFIRE SUPPRESSION FUNDING AND FOREST 
MANAGEMENT ACTIVITIES ACT.— 
(1) IN
GENERAL.—The Wildfire Suppression 
Funding and Forest Management Activities Act 
(Public Law 115–141) is amended— 
(A) in section 102(a)(2), by striking ‘‘the 
date of enactment’’ and inserting ‘‘the date of 
the enactment’’; and 
(B) in section 401(a)(1), by inserting ‘‘of 
2000’’ after ‘‘Self-Determination Act’’. 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall take effect as if enacted as 
part of the Wildfire Suppression Funding and For-
est Management Activities Act (Public Law 115– 
141). 
(b) AGRICULTURAL ACT OF 2014.—Section 8206(a) 
of the Agricultural Act of 2014 (16 U.S.C. 2113a(a)) is 
amended— 
(1) in paragraph (3)(B)(i)(II), by striking 
‘‘Good Neighbor Authority Improvement Act’’ and 
inserting ‘‘Wildfire Suppression Funding and Forest 
Management Activities Act’’; and 
(2) in paragraph (7), as redesignated by section 
8331, by striking ‘‘Good Neighbor Authority Im-
610 
provement Act’’ and inserting ‘‘Wildfire Suppression 
Funding and Forest Management Activities Act’’. 
SEC. 8506. CONVEYANCE OF LAND AND IMPROVEMENTS TO 
THE VILLAGE OF SANTA CLARA, NEW MEX-
ICO. 
(a) CONVEYANCE REQUIRED.—Subject to the provi-
sions of this section, if the Village of Santa Clara, New 
Mexico, submits to the Secretary a written request for con-
veyance, the Secretary shall convey to the Village of Santa 
Clara all right, title, and interest of the United States in 
and to approximately 1,520 acres of National Forest Sys-
tem land, as generally depicted on the map. 
(b) MAP.— 
(1) AVAILABILITY OF MAP.—The map shall be 
kept on file and available for public inspection in the 
appropriate office of the Forest Service. 
(2) CORRECTION OF ERRORS.—The Secretary 
may correct minor errors in the map. 
(c) CONSIDERATION.— 
(1) IN GENERAL.—As consideration for the con-
veyance of land under subsection (a), the Village of 
Santa Clara shall pay to the Secretary an amount 
equal to the market value of the land, as determined 
by the appraisal under subsection (g).
611 
(2) INSTALLMENTS.—The amount described in 
paragraph (1) may be paid in periodic installments 
to the Secretary. 
(3) PARCEL
CONVEYANCES.—Upon receipt of 
an installment pursuant to paragraph (2), the Sec-
retary shall convey to the Village of Santa Clara all 
right, title, and interest of the United States in and 
to a parcel of the land described subsection (a) that 
is equal in value to such installment and identified 
by the Village of Santa Clara at the time such in-
stallment is paid. 
(d) TERMS
AND
CONDITIONS.—The conveyance 
under subsection (a) shall be— 
(1) subject to valid existing rights; 
(2) made by quitclaim deed; 
(3) subject to the reservation by the Secretary 
of an access easement over and across Fort Bayard 
Road; and 
(4) subject to any other terms and conditions 
as the Secretary considers appropriate to protect the 
interests of the United States. 
(e) COSTS OF CONVEYANCE.—As a condition for the 
conveyance under subsection (a) and in addition to the 
consideration paid under subsection (c), the Village of
612 
Santa Clara shall pay for all costs associated with the con-
veyance, including for— 
(1) the land survey under subsection (f); 
(2) any environmental analysis and resource 
surveys determined necessary by Federal law; and 
(3) the appraisal under subsection (g). 
(f) SURVEY.—The actual acreage and legal descrip-
tion of the National Forest System land to be conveyed 
under subsection (a) shall be determined by a survey satis-
factory to the Secretary; notwithstanding section 7 of title 
43, United States Code, the Secretary is authorized to per-
form and approve any required cadastral surveys. 
(g) APPRAISAL.—The Secretary shall complete an ap-
praisal of the land to be conveyed under subsection (a) 
in accordance with— 
(1) the ‘‘Uniform Appraisal Standards for Fed-
eral Land Acquisitions’’; and 
(2) the ‘‘Uniform Standards of Professional Ap-
praisal Practice’’. 
(h) DEFINITIONS.—In this section: 
(1) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Agriculture, acting through the 
Chief of the Forest Service.
613 
(2) MAP.—The term ‘‘map’’ means the map en-
titled ‘‘Village of Santa Clara Conveyance Act 2018’’ 
and dated February 21, 2018. 
SEC. 8507. STREAMLINING THE FOREST SERVICE PROCESS 
FOR CONSIDERATION OF COMMUNICATIONS 
FACILITY LOCATION APPLICATIONS. 
(a) DEFINITIONS.—In this section: 
(1) COMMUNICATIONS
FACILITY.—The term 
‘‘communications facility’’ includes— 
(A) any infrastructure, including any 
transmitting device, tower, or support structure, 
and any equipment, switches, wiring, cabling, 
power sources, shelters, or cabinets, associated 
with the licensed or permitted unlicensed wire-
less or wireline transmission of writings, signs, 
signals, data, images, pictures, and sounds of 
all kinds; and 
(B) any antenna or apparatus that— 
(i) is designed for the purpose of 
emitting radio frequency; 
(ii) is designed to be operated, or is 
operating, from a fixed location pursuant 
to authorization by the Federal Commu-
nications Commission or is using duly au-
614 
thorized devices that do not require indi-
vidual licenses; and 
(iii) is added to a tower, building, or 
other structure. 
(2) COMMUNICATIONS SITE.—The term ‘‘com-
munications site’’ means an area of covered land 
designated for communications uses. 
(3) COMMUNICATIONS USE.—The term ‘‘com-
munications use’’ means the placement and oper-
ation of communications facility. 
(4) COMMUNICATIONS USE AUTHORIZATION.— 
The term ‘‘communications use authorization’’ 
means an easement, right-of-way, lease, license, or 
other authorization to locate or modify a commu-
nications facility on covered land by the Forest Serv-
ice for the primary purpose of authorizing the occu-
pancy and use of the covered land for communica-
tions use. 
(5) COVERED LAND.—The term ‘‘covered land’’ 
means National Forest System land. 
(6) FOREST SERVICE.—The term ‘‘Forest Serv-
ice’’ means the United States Forest Service of the 
Department of Agriculture. 
(7) ORGANIZATIONAL UNIT.—The term ‘‘orga-
nizational unit’’ means, within the Forest Service—
615 
(A) a regional office; 
(B) the headquarters; 
(C) a management unit; or 
(C) a ranger district office. 
(b) REGULATIONS.—Notwithstanding section 6409 of 
the Middle Class Tax Relief and Job Creation Act of 2012 
(47 U.S.C. 1455) or section 606 of the Repack Airwaves 
Yielding Better Access for Users of Modern Services Act 
of 2018 (Public Law 115–141), not later than 1 year after 
the date of enactment of this Act, the Secretary shall issue 
regulations— 
(1) to streamline the process for considering ap-
plications to locate or modify communications facili-
ties on covered land; 
(2) to ensure, to the maximum extent prac-
ticable, that the process is uniform and standardized 
across the organizational units of the Forest Service; 
and 
(3) to require that the applications described in 
paragraph (1) be considered and granted on a com-
petitively neutral, technology neutral, and non-dis-
criminatory basis. 
(c) REQUIREMENTS.—The regulations issued under 
subsection (b) shall include the following:
616 
(1) Procedures for the tracking of applications 
described in subsection (b)(1), including— 
(A) identifying the number of applica-
tions— 
(i) received; 
(ii) approved; and 
(iii) denied; 
(B) in the case of an application that is 
denied, describing the reasons for the denial; 
and 
(C) describing the amount of time between 
the receipt of an application and the issuance of 
a final decision on an application. 
(2) Provision for minimum lease terms of not 
less than 15 years for leases with respect to the loca-
tion of communications facilities on covered land. 
(3) A policy under which a communications use 
authorization renews automatically on expiration, 
unless the communications use authorization is re-
voked for good cause. 
(4) A structure of fees for— 
(A) submitting an application described in 
subsection (b)(1), based on the cost to the For-
est Service of considering such an application; 
and
617 
(B) issuing communications use authoriza-
tions, based on the cost to the Forest Service 
of any maintenance or other activities required 
to be performed by the Forest Service as a re-
sult of the location or modification of the com-
munications facility. 
(5) Provision that if the Forest Service does not 
grant or deny an application under subparagraph 
(A) by the deadline established in section 6409 of 
the Middle Class Tax Relief and Job Creation Act 
as amended by the Repack Airwaves Yielding Better 
Access for Users of Modern Services Act of 2018 
(47 U.S.C. 1455(b)(3)(A)), the Forest Service shall 
be deemed to have granted the application. 
(6) Provision for prioritization or streamlining 
the consideration of applications to locate or modify 
communications facilities on covered land in a pre-
viously disturbed right-of-way. 
(d) ADDITIONAL CONSIDERATIONS.—In issuing regu-
lations under subsection (b), the Secretary shall con-
sider— 
(1) how discrete reviews in considering an ap-
plication described in subsection (b)(1) can be con-
ducted simultaneously, rather than sequentially, by
618 
any organizational units of the Forest Service that 
must approve the location or modification; and 
(2) how to eliminate overlapping requirements 
among the organizational units of the Forest Service 
with respect to the location or modification of a com-
munications facility on covered land administered by 
those organizational units. 
(e) COMMUNICATION OF STREAMLINED PROCESS TO 
ORGANIZATIONAL UNITS.—The Secretary shall, with re-
spect to the regulations issued under subsection (b)— 
(1) communicate the regulations to the organi-
zational units of the Forest Service; and 
(2) ensure that the organizational units of the 
Forest Service follow the regulations. 
(f) DEPOSIT AND AVAILABILITY OF FEES.— 
(1) SPECIAL ACCOUNT.—The Secretary of the 
Treasury shall establish a special account in the 
Treasury for the Forest Service for the deposit of 
fees collected by the Forest Service under subsection 
(c)(4) for communications use authorizations on cov-
ered land granted, issued, or executed by the Forest 
Service. 
(2) REQUIREMENTS FOR FEES COLLECTED.— 
Fees collected by the Forest Service under sub-
section (c)(4) shall be—
619 
(A) based on the costs described in sub-
section (c)(4); and 
(B) competitively neutral, technology neu-
tral, and nondiscriminatory with respect to 
other users of the communications site. 
(3) DEPOSIT OF FEES.—Fees collected by the 
Forest Service under subsection (c)(4) shall be de-
posited in the special account established for the 
Forest Service under paragraph (1). 
(4) AVAILABILITY OF FEES.—Amounts depos-
ited in the special account for the Forest Service 
shall be available, to the extent and in such amounts 
as are provided in advance in appropriation Acts, to 
the Secretary to cover costs incurred by the Forest 
Service described in subsection (c)(4), including the 
following: 
(A) Preparing needs assessments or other 
programmatic analyses necessary to designate 
communications sites and issue communications 
use authorizations. 
(B) Developing management plans for 
communications sites. 
(C) Training for management of commu-
nications sites.
620 
(D) Obtaining or improving access to com-
munications sites. 
(5) NO ADDITIONAL APPROPRIATIONS AUTHOR-
IZED.—Except as provided in paragraph (4), no 
other amounts are authorized to be appropriated to 
carry out this section. 
(g) SAVINGS PROVISIONS.— 
(1) REAL
PROPERTY
AUTHORITIES.—Nothing 
in this section, or the amendments made by this sec-
tion, shall be construed as providing any executive 
agency with any new leasing or other real property 
authorities not existing prior to the date of enact-
ment of this Act. 
(2) EFFECT ON OTHER LAWS.—Nothing in this 
section, or the amendments made by this section, 
and no actions taken pursuant to this section, or the 
amendments made by this section, shall impact a de-
cision or determination by any executive agency to 
sell, dispose of, declare excess or surplus, lease, 
reuse, or redevelop any Federal real property pursu-
ant to title 40, United States Code, the Federal As-
sets Sale and Transfer Act of 2016 (Public Law 
114–387), or any other law governing real property 
activities of the Federal Government. No agreement 
entered into pursuant to this section, or the amend-
621 
ments made by this section, may obligate the Fed-
eral Government to hold, control, or otherwise retain 
or use real property that may otherwise be deemed 
as excess, surplus, or that could otherwise be sold, 
leased or redeveloped. 
SEC. 8508. REPORT ON WILDFIRE, INSECT INFESTATION, 
AND DISEASE PREVENTION ON FEDERAL 
LAND. 
Not later than 180 days after the date of the enact-
ment of this Act and every year thereafter, the Secretary 
of Agriculture and the Secretary of Interior shall submit 
to the Committee on Agriculture of the House of Rep-
resentatives, the Committee on Natural Resources of the 
House of Representatives, the Committee on Agriculture, 
Nutrition, and Forestry of the Senate, and the Committee 
on Energy and Natural Resources of the Senate a jointly 
written report on— 
(1) the number of acres of Federal land treated 
by the Secretary of Agriculture or the Secretary of 
the Interior for wildfire, insect infestation, or disease 
prevention; 
(2) the number of acres of Federal land cat-
egorized as a high or extreme fire risk; 
(3) the total timber production from Federal 
land;
622 
(4) the number of acres and average fire inten-
sity of wildfires affecting Federal land treated for 
wildfire, insect infestation, or disease prevention; 
(5) the number of acres and average fire inten-
sity of wildfires affecting Federal land not treated 
for wildfire, insect infestation, or disease prevention; 
and 
(6) the Federal response time for each fire on 
greater than 25,000 acres. 
SEC. 8509. COLLABORATIVE FOREST LANDSCAPE RESTORA-
TION PROGRAM. 
Section 4003 of the Omnibus Public Land Manage-
ment Act of 2009 (16 U.S.C. 7303) is amended— 
(1) in subsection (d)(1)(B), by inserting ‘‘, ex-
cept the Secretary may waive, on a case-by-case 
basis, the 10-year period requirement under para-
graph (1)(B) of such subsection’’ after ‘‘subsection 
(b)’’; and 
(2) in subsection (f)— 
(A) in paragraph (4)(B), by striking ‘‘pro-
posal’’ and all that follows through ‘‘in excess’’ 
and inserting ‘‘proposal in excess’’; and 
(B) in paragraph (6), by striking ‘‘2019’’ 
and inserting ‘‘2023’’.
623 
SEC. 8510. WEST FORK FIRE STATION. 
(a) DEFINITIONS.—In this section: 
(1) COUNTY.—The term ‘‘County’’ means Dolo-
res County, Colorado. 
(2) WEST
FORK
FIRE
STATION
CONVEYANCE 
PARCEL.—The term ‘‘West Fork Fire Station Con-
veyance Parcel’’ means the parcel of approximately 
3.61 acres of National Forest System land in the 
County, as depicted on the map entitled ‘‘Map for 
West Fork Fire Station Conveyance Parcel’’ and 
dated November 21, 2017. 
(b) CONVEYANCE OF WEST FORK FIRE STATION 
CONVEYANCE PARCEL, DOLORES COUNTY, COLORADO.— 
(1) IN GENERAL.—On receipt of a request from 
the County and subject to such terms and conditions 
as are mutually satisfactory to the Secretary and the 
County, including such additional terms as the Sec-
retary determines to be necessary, the Secretary 
shall convey to the County without consideration all 
right, title, and interest of the United States in and 
to the West Fork Fire Station Conveyance Parcel. 
(2) COSTS.—Any costs relating to the convey-
ance under paragraph (1), including processing and 
transaction costs, shall be paid by the County. 
(3) USE OF LAND.—The land conveyed to the 
County under paragraph (1) shall be used by the
624 
County only for a fire station, related infrastructure, 
and roads to facilitate access to and through the 
West Fork Fire Station Conveyance Parcel. 
(4) REVERSION.—If any portion of the land 
conveyed under paragraph (1) is used in a manner 
that is inconsistent with the use described in para-
graph (3), the land shall, at the discretion of the 
Secretary, revert to the United States. 
SEC. 
8511. 
COMPETITIVE 
FORESTRY, 
NATURAL 
RE-
SOURCES, 
AND 
ENVIRONMENTAL 
GRANTS 
PROGRAM. 
Section 1232 of the Food, Agriculture, Conservation, 
and Trade Act of 1990 (16 U.S.C. 582a–8) is amended— 
(1) in subsection (a) by inserting ‘‘or forest res-
toration’’ after ‘‘research’’; and 
(2) by amending subsection (c) to read as fol-
lows: 
‘‘(c) PRIORITIES.— 
‘‘(1) RESEARCH.—In awarding the initial 
grants under subsection (a) the Secretary shall give 
priority to applicants who will use such grants for 
research concerning— 
‘‘(A) the biology of forest organisms, in-
cluding physiology, genetic mechanisms, and 
biotechnology;
625 
‘‘(B) ecosystem function and management, 
including forest ecosystem research, biodiver-
sity, forest productivity, pest management, 
water resources, and alternative silvicultural 
systems; 
‘‘(C) wood as a raw material, including for-
est products and harvesting; 
‘‘(D) human forest interactions, including 
outdoor recreation, public policy formulation, 
economics, sociology, and administrative behav-
ior; 
‘‘(E) international trade, competition, and 
cooperation related to forest products; 
‘‘(F) alternative native crops, products, 
and services that can be produced from renew-
able natural resources associated with privately 
held forest lands; 
‘‘(G) viable economic production and mar-
keting systems for alternative natural resource 
products and services; 
‘‘(H) economic and environmental benefits 
of various conservation practices on forest 
lands; 
‘‘(I) genetic tree improvement; and 
‘‘(J) market expansion.
626 
‘‘(2) FOREST RESTORATION.—Grants may be 
used to support programs that restore forest tree 
species native to American forests that may have 
suffered severe levels of mortality caused by non-na-
tive insects, plant pathogens, or others pests. 
‘‘(A) REQUIRED COMPONENT OF FOREST 
RESTORATION STRATEGY.—To receive a grant 
under this subsection, an eligible institution 
shall demonstrate that it offers a program with 
a forest restoration strategy that incorporates 
not less than one of the following components: 
‘‘(i) Collection and conservation of na-
tive tree genetic material. 
‘‘(ii) Production of propagules of na-
tive trees in numbers large enough for 
landscape scale restoration. 
‘‘(iii) Site preparation of former of na-
tive tree habitat. 
‘‘(iv) Planting of native tree seedlings. 
‘‘(v) Post-planting maintenance of na-
tive trees. 
‘‘(B) AWARD OF GRANTS.—The Secretary 
shall award competitive grants under this sub-
section based on the degree to which the appli-
cant addresses the following criteria:
627 
‘‘(i) Risk posed to the forests of that 
State by non-native pests, as measured by 
such factors as the number of such pests 
present in the State. 
‘‘(ii) The proportion of the State’s 
forest composed of species vulnerable to 
non-native pests present in the United 
States. 
‘‘(iii) The pests’ rate of spread via 
natural or human-assisted means.’’. 
TITLE IX—HORTICULTURE 
Subtitle A—Horticulture Marketing 
and Information 
SEC. 9001. SPECIALTY CROPS MARKET NEWS ALLOCATION. 
Section 10107(b) of the Food, Conservation, and En-
ergy Act of 2008 (7 U.S.C. 1622b(b)) is amended by strik-
ing ‘‘2018’’ and inserting ‘‘2023’’. 
SEC. 9002. FARMERS’ MARKET AND LOCAL FOOD PRO-
MOTION PROGRAM. 
Section 6(g) of the Farmer-to-Consumer Direct Mar-
keting Act of 1976 (7 U.S.C. 3005(g)) is amended— 
(1) in paragraph (3), by striking ‘‘this section’’ 
and all that follows through ‘‘2018.’’ and inserting 
the following: ‘‘this section—
628 
‘‘(A) $10,000,000 for each of fiscal years 
2014 through 2018; and 
‘‘(B) $30,000,000 for each of fiscal years 
2019 through 2023.’’; 
(2) by striking paragraph (2); and 
(3) by redesignating paragraphs (3), (4), (5), 
and (6) as paragraphs (2), (3), (4), and (5), respec-
tively. 
SEC. 9003. FOOD SAFETY EDUCATION INITIATIVES. 
Section 10105(c) of the Food, Conservation, and En-
ergy Act of 2008 (7 U.S.C. 7655a(c)) is amended by strik-
ing ‘‘2018’’ and inserting ‘‘2023’’. 
SEC. 9004. SPECIALTY CROP BLOCK GRANTS. 
Section 101 of the Specialty Crops Competitiveness 
Act of 2004 (7 U.S.C. 1621 note; Public Law 108–465) 
is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘2018’’ and inserting 
‘‘2023’’; and 
(B) by striking ‘‘agriculture solely to en-
hance the competitiveness of specialty crops.’’ 
and inserting the following: ‘‘agriculture to— 
‘‘(1) enhance the competitiveness of specialty 
crops;
629 
‘‘(2) leverage efforts to market and promote 
specialty crops; 
‘‘(3) assist producers with research and devel-
opment; 
‘‘(4) expand availability and access to specialty 
crops; 
‘‘(5) address local, regional, and national chal-
lenges confronting specialty crop producers; and 
‘‘(6) address other priorities as determined by 
the Secretary in consultation with relevant State de-
partments of agriculture.’’; 
(2) in subsection (k), by adding at the end the 
following new paragraph: 
‘‘(3) EVALUATION
OF
PERFORMANCE.—The 
Secretary shall enter into a cooperative agreement 
with relevant State departments of agriculture and 
specialty crop industry stakeholders that agree to— 
‘‘(A) develop, in consultation with the Sec-
retary, performance measures to be used as the 
sole means for performing an evaluation under 
subparagraph (B); and 
‘‘(B) periodically evaluate the performance 
of the program established under this section.’’; 
and
630 
(3) in subsection (l)(2)(E), by striking ‘‘fiscal 
year 2018’’ and inserting ‘‘each of fiscal years 2018 
through 2023’’. 
SEC. 9005. AMENDMENTS TO THE PLANT VARIETY PROTEC-
TION ACT. 
(a) ASEXUALLY REPRODUCED DEFINED.—Section 
41(a) of the Plant Variety Protection Act (7 U.S.C. 
2401(a)) is amended— 
(1) by redesignating paragraphs (1), (2), (3), 
(4), (5), (6), (7), (8), and (9) as paragraphs (2), 
(3), (4), (5), (6), (7), (8), (9), and (10), respectively; 
and 
(2) by inserting before paragraph (2), as so re-
designated, the following new paragraph: 
‘‘(1) ASEXUALLY
REPRODUCED.—The term 
‘asexually reproduced’ means produced by a method 
of plant propagation using vegetative material (other 
than seed) from a single parent, including cuttings, 
grafting, tissue culture, and propagation by root di-
vision.’’. 
(b) RIGHT TO PLANT VARIETY PROTECTION; PLANT 
VARIETIES PROTECTABLE.—Section 42(a) of the Plant 
Variety Protection Act (7 U.S.C. 2402(a)) is amended by 
striking ‘‘or tuber propagated’’ and inserting ‘‘, tuber 
propagated, or asexually reproduced’’.
631 
(c) INFRINGEMENT
OF PLANT VARIETY PROTEC-
TION.—Section 111(a)(3) of the Plant Variety Protection 
Act (7 U.S.C. 2541(a)(3)) is amended by inserting ‘‘or 
asexually’’ after ‘‘sexually’’. 
(d) FALSE MARKETING; CEASE AND DESIST OR-
DERS.—Section 128(a) of the Plant Variety Protection 
Act (7 U.S.C. 2568(a)) is amended, in the matter pre-
ceding paragraph (1), by inserting ‘‘or asexually’’ after 
‘‘sexually’’. 
SEC. 9006. ORGANIC PROGRAMS. 
(a) ADDITIONAL ACCREDITATION AUTHORITY.—Sec-
tion 2115 of the Organic Foods Production Act of 1990 
(7 U.S.C. 6514) is amended— 
(1) by redesignating subsection (c) as sub-
section (d); and 
(2) by inserting after subsection (b) the fol-
lowing new subsection: 
‘‘(c) SATELLITE OFFICES
AND OVERSEAS OPER-
ATIONS.—The Secretary— 
‘‘(1) has oversight and approval authority with 
respect to a certifying agent accredited under this 
section who is operating as a certifying agent in a 
foreign country for the purpose of certifying a farm 
or handling operation in such foreign country as a 
certified organic farm or handling operation; and
632 
‘‘(2) shall require that each certifying agent 
that intends to operate in any foreign country as de-
scribed in paragraph (1) is authorized by the Sec-
retary to so operate on an annual basis.’’. 
(b) NATIONAL LIST OF APPROVED AND PROHIBITED 
SUBSTANCES FOR ORGANIC FARMING OR HANDLING OP-
ERATIONS.—Section 2119(n) of the Organic Foods Pro-
duction Act of 1990 (7 U.S.C. 6518(n)) is amended to 
read as follows: 
‘‘(n) PETITIONS.— 
‘‘(1) IN GENERAL.—The Board shall establish 
procedures under which persons may petition the 
Board for the purpose of evaluating substances for 
inclusion on the National List. 
‘‘(2) EXPEDITED REVIEW.—The Secretary shall 
develop procedures under which the review of a peti-
tion referred to in paragraph (1) may be expedited 
if the petition seeks to include on the National List 
a postharvest handling substance that is related to 
food safety or a class of such substances. 
‘‘(3) RULE
OF
CONSTRUCTION.—Nothing in 
paragraph (2) shall be construed as providing that 
section 2118(d) does not apply with respect to the 
inclusion of a substance on the National List pursu-
ant to such paragraph.’’.
633 
(c) CERTAIN EMPLOYEES ELIGIBLE TO SERVE AS 
NATIONAL ORGANICS STANDARDS BOARD MEMBERS.— 
Section 2119(b) of the Organic Foods Production Act of 
1990 (7 U.S.C. 6518(b)) is amended— 
(1) in paragraph (1), by inserting ‘‘, or employ-
ees of such individuals’’ after ‘‘operation’’; 
(2) in paragraph (2), by inserting ‘‘, or employ-
ees of such individuals’’ after ‘‘operation’’; and 
(3) in paragraph (3), by inserting ‘‘, or an em-
ployee of such individual’’ after ‘‘products’’. 
(d) NATIONAL ORGANIC STANDARDS BOARD CON-
SULTATION REQUIREMENTS.—Section 2119(l) of the Or-
ganic Foods Production Act of 1990 (7 U.S.C. 6518(l)) 
is amended— 
(1) in paragraph (2), by striking ‘‘; and’’ at the 
end and inserting a semicolon; 
(2) in paragraph (3)— 
(A) by striking ‘‘and the evaluation of the 
technical advisory panel’’ and inserting ‘‘, the 
evaluation of the technical advisory panel, and 
the determinations of the task force required 
under paragraph (4)’’; and 
(B) by striking the period at the end and 
inserting ‘‘; and’’; and
634 
(3) by adding at the end the following new 
paragraph: 
‘‘(4) in the case of a substance not included in 
the National List that the Commissioner of Food 
and Drugs has determined to be safe for use within 
the meaning of section 201(s) of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 321(s)) or the 
Administrator of the Environmental Protection 
Agency has determined there is a reasonable cer-
tainty that no harm will result from aggregate expo-
sure to the pesticide chemical residue, including all 
anticipated dietary exposures and all other exposures 
for which there is reliable information, convene a 
task force to consult with the Commissioner or Ad-
ministrator (or the designees thereof), as applicable, 
to determine if such substance should be included on 
the National List.’’. 
(e) RECORDKEEPING, INVESTIGATION, AND
EN-
FORCEMENT.— 
(1) COLLABORATIVE INVESTIGATIONS AND EN-
FORCEMENT.—Section 2120 of the Organic Foods 
Production Act of 1990 (7 U.S.C. 6519) is amended 
by adding at the end the following new subsection: 
‘‘(d) COLLABORATIVE INVESTIGATIONS
AND EN-
FORCEMENT.—
635 
‘‘(1) INFORMATION
SHARING
DURING
ACTIVE 
INVESTIGATION.—In carrying out this title, all par-
ties to an active investigation (including certifying 
agents, State organic certification programs, and the 
national organic program) may share confidential 
business information with Federal and State govern-
ment officers and employees and certifying agents 
involved in the investigation as necessary to fully in-
vestigate and enforce potential violations of this title. 
‘‘(2) ACCESS TO DATA DOCUMENTATION SYS-
TEMS.—The Secretary shall have access to available 
data from cross-border documentation systems ad-
ministered by other Federal agencies, including— 
‘‘(A) the Automated Commercial Environ-
ment system of U.S. Customs and Border Pro-
tection; and 
‘‘(B) 
the 
Phytosanitary 
Certificate 
Issuance and Tracking system of the Animal 
and Plant Health Inspection Service. 
‘‘(3) 
ADDITIONAL
DOCUMENTATION
AND 
VERIFICATION.—The Secretary, acting through the 
Deputy Administrator of the national organic pro-
gram under this title, has the authority, and shall 
grant an accredited certifying agent the authority, to 
require producers and handlers to provide additional
636 
documentation or verification before granting certifi-
cation under section 2104, in the case of a known 
area of risk or when there is a specific area of con-
cern, with respect to meeting the national standards 
for organic production established under section 
2105, as determined by the Secretary or the certi-
fying agent.’’. 
(2) MODIFICATION
OF
REGULATIONS
ON
EX-
CLUSIONS FROM CERTIFICATION.—Not later than 1 
year after the date of the enactment of this Act, the 
Secretary of Agriculture shall issue regulations to 
limit the type of operations that are excluded from 
certification under section 205.101 of title 7, Code 
of Federal Regulations (or a successor regulation). 
(f) REPORTING REQUIREMENT.—Section 2122 of the 
Organic Foods Production Act of 1990 (7 U.S.C. 6521) 
is amended by adding at the end the following new sub-
section: 
‘‘(c) REPORTING REQUIREMENT.—Not later than 
March 1, 2019, and annually thereafter through March 
1, 2023, the Secretary shall submit to Congress a report 
describing national organic program activities with respect 
to all domestic and overseas investigations and compliance 
actions taken pursuant to this title during the preceding 
year.’’.
637 
(g) AUTHORIZATION OF APPROPRIATIONS FOR NA-
TIONAL ORGANIC PROGRAM.—Subsection (b) of section 
2123 of the Organic Foods Production Act of 1990 (7 
U.S.C. 6522) is amended to read as follows: 
‘‘(b) 
NATIONAL
ORGANIC
PROGRAM.—Notwith-
standing any other provision of law, in order to carry out 
activities under the national organic program established 
under this title, there are authorized to be appropriated— 
‘‘(1) $15,000,000 for fiscal year 2018; 
‘‘(2) $16,500,000 for fiscal year 2019; 
‘‘(3) $18,000,000 for fiscal year 2020; 
‘‘(4) $20,000,000 for fiscal year 2021; 
‘‘(5) $22,000,000 for fiscal year 2022; and 
‘‘(6) $24,000,000 for fiscal year 2023.’’. 
(h) INTERNATIONAL TRADE TECHNOLOGY SYSTEMS 
AND DATA COLLECTION.—Subsection (c) of section 2123 
of the Organic Foods Production Act of 1990 (7 U.S.C. 
6522) is amended to read as follows: 
‘‘(c) MODERNIZATION AND IMPROVEMENT OF INTER-
NATIONAL TRADE TECHNOLOGY SYSTEMS
AND DATA 
COLLECTION.— 
‘‘(1) IN GENERAL.—The Secretary shall mod-
ernize international trade tracking and data collec-
tion systems of the national organic program.
638 
‘‘(2) ACTIVITIES.—In carrying out paragraph 
(1), the Secretary shall modernize trade and trans-
action certificates to ensure full traceability without 
unduly hindering trade, such as through an elec-
tronic trade document exchange system. 
‘‘(3) FUNDING.—Of the funds of the Com-
modity Credit Corporation, the Secretary shall make 
available $5,000,000 for fiscal year 2019 for the 
purposes of— 
‘‘(A) carrying out this subsection; and 
‘‘(B) maintaining the database and tech-
nology upgrades previously carried out under 
this subsection, as in effect on the day before 
the date of the enactment of the Agriculture 
and Nutrition Act of 2018. 
‘‘(4) AVAILABILITY.—The amounts made avail-
able under paragraph (3) are in addition to any 
other funds made available for the purposes speci-
fied in such paragraph and shall remain available 
until expended.’’. 
(i) ORGANIC PRODUCTION AND MARKET DATA INI-
TIATIVES.—Section 7407(d) of the Farm Security and 
Rural Investment Act of 2002 (7 U.S.C. 5925c(d)) is 
amended—
639 
(1) by striking paragraphs (1) and (2) and in-
serting the following new paragraph: 
‘‘(1) MANDATORY FUNDING FOR FISCAL YEAR 
2019.—Of the funds of the Commodity Credit Cor-
poration, the Secretary shall use to carry out this 
section $5,000,000 for fiscal year 2019, to remain 
available until expended.’’; 
(2) in paragraph (3)— 
(A) by striking ‘‘paragraphs (1) and (2)’’ 
and inserting ‘‘paragraph (1)’’; and 
(B) by striking ‘‘2018’’ and inserting 
‘‘2023’’; and 
(3) by redesignating paragraph (3), as so 
amended, as paragraph (2). 
Subtitle B—Regulatory Reform 
PART I—STATE LEAD AGENCIES UNDER FED-
ERAL 
INSECTICIDE, 
FUNGICIDE, 
AND 
RODENTICIDE ACT 
SEC. 9101. RECOGNITION AND ROLE OF STATE LEAD AGEN-
CIES. 
(a) STATE LEAD AGENCY DEFINED.—Section 2(aa) 
of the Federal Insecticide, Fungicide, and Rodenticide Act 
(7 U.S.C. 136(aa)) is amended— 
(1) by striking ‘‘(aa) STATE.—The term’’ and 
inserting the following:
640 
‘‘(aa) STATE; STATE LEAD AGENCY.— 
‘‘(1) STATE.—The term’’; and 
(2) by adding at the end the following: 
‘‘(2) STATE LEAD AGENCY.—The term ‘State 
lead agency’ means a statewide department, agency, 
board, bureau, or other entity in a State that is au-
thorized to regulate, in a manner consistent with 
section 24(a), the sale or use of any federally reg-
istered pesticide or device in such State.’’. 
(b) UNIFORM REGULATION OF PESTICIDES.— 
(1) COOPERATION WITH AND ROLE OF STATE 
LEAD AGENCY.—Section 22(b) of the Federal Insec-
ticide, Fungicide, and Rodenticide Act (7 U.S.C. 
136t(b)) is amended by inserting before the period 
at the end the following: ‘‘promulgated by the Ad-
ministrator or, when authorized pursuant to a coop-
erative agreement entered into under section 
23(a)(1), by a State lead agency for a State’’. 
(2) AUTHORITY TO ESTABLISH AND MAINTAIN 
UNIFORM
REGULATIONS.—Section 23(a)(1) of the 
Federal Insecticide, Fungicide, and Rodenticide Act 
(7 U.S.C. 136u(a)(1)) is amended by inserting after 
‘‘enforcement of this Act,’’ the following: ‘‘to author-
ize the State or Indian Tribe to establish and main-
641 
tain uniform regulation of pesticides within the 
State or for the Indian Tribe,’’. 
(3) CONDITION ON MORE RESTRICTIVE REGU-
LATION.—Section 24(a) of the Federal Insecticide, 
Fungicide, and Rodenticide Act (7 U.S.C. 136v(a)) 
is amended by striking ‘‘A State may’’ and inserting 
‘‘A State, but not a political subdivision of a State, 
may’’. 
(c) ROLE OF STATE LEAD AGENCIES IN PROMULGA-
TION OF REGULATIONS.—Section 25(a)(2) of the Federal 
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 
136w(a)(2)) is amended— 
(1) in subparagraph (A)— 
(A) in the first sentence, by inserting ‘‘and 
each State lead agency’’ after ‘‘Agriculture’’; 
(B) by striking the second sentence and in-
serting the following: ‘‘If the Secretary or any 
State lead agency comments in writing to the 
Administrator regarding any such regulation 
within 30 days after receiving the copy of the 
regulation, the Administrator shall publish in 
the Federal Register (with the proposed regula-
tion) all such comments and the response of the 
Administrator to the comments.’’; and
642 
(C) in the third sentence, by inserting ‘‘or 
any State lead agency’’ after ‘‘Secretary’’; 
(2) in subparagraph (B)— 
(A) in the first sentence, by inserting ‘‘and 
each State lead agency’’ after ‘‘Agriculture’’; 
(B) by striking the second sentence and in-
serting the following: ‘‘If the Secretary or any 
State lead agency comments in writing to the 
Administrator regarding any such regulation 
within 15 days after receiving the copy of the 
regulation, the Administrator shall publish in 
the Federal Register (with the final regulation) 
the comments of the Secretary or State lead 
agency, if requested by the Secretary or State 
lead agency, and the response of the Adminis-
trator to the comments.’’; and 
(C) in the third sentence, by inserting ‘‘or 
any State lead agency’’ after ‘‘Secretary’’; and 
(3) in subparagraph (C), by inserting before the 
period at the end the following: ‘‘, in consultation 
with the State lead agencies’’.
643 
PART II—PESTICIDE REGISTRATION AND USE 
SEC. 9111. REGISTRATION OF PESTICIDES. 
(a) APPROVAL OF REGISTRATION.—Section 3(c)(5) 
of the Federal Insecticide, Fungicide, and Rodenticide Act 
(7 U.S.C. 136a(c)(5)) is amended— 
(1) by redesignating subparagraphs (A) through 
(D) as clauses (i) through (iv), respectively and mov-
ing the margins of such clauses (as so redesignated) 
2 ems to the right; 
(2) by striking ‘‘REGISTRATION.—The Adminis-
trator’’ and inserting the following: ‘‘REGISTRA-
TION.— 
‘‘(A) IN GENERAL.—The Administrator’’; 
(3) in clause (iii), as so redesignated, by strik-
ing ‘‘; and’’ at the end and inserting a semicolon; 
(4) in clause (iv), as so redesignated, by strik-
ing the period at the end and inserting ‘‘; and’’; 
(5) in the matter following clause (iv), as so re-
designated, by striking ‘‘The Administrator shall not 
make any lack’’ and all that follows through ‘‘for use 
of the pesticide in such State.’’; 
(6) in subparagraph (A), as amended, by add-
ing at the end the following new clause: 
‘‘(v) when used in accordance with 
widespread and commonly recognized prac-
tice it is not likely to jeopardize the sur-
644 
vival of a federally listed threatened or en-
dangered species or directly or indirectly 
alter, in a manner that is likely to appre-
ciably diminish its value, critical habitat 
for both the survival and recovery of such 
species.’’; and 
(7) by adding at the end the following new sub-
paragraphs: 
‘‘(B) PRINCIPLES TO BE APPLIED TO CER-
TAIN
DETERMINATIONS.—In 
determining 
whether the condition specified in subparagraph 
(A)(v) is met, the Administrator shall take into 
account the best scientific and commercial in-
formation and data available, and shall consider 
all directions for use and restrictions on use 
specified by the registration. In making such 
determination, the Administrator shall use an 
economical and effective screening process that 
includes higher-tiered probabilistic ecological 
risk assessments, as appropriate. Notwith-
standing any other provision of law, the Admin-
istrator shall not be required to consult or oth-
erwise communicate with the Secretary of the 
Interior and the Secretary of Commerce except
645 
to the extent specified in subparagraphs (C) 
and (D). 
‘‘(C) SPECIES INFORMATION AND DATA.— 
‘‘(i) REQUEST.—Not later than 30 
days after the Administrator begins any 
determination under subparagraph (A)(v) 
with respect to the registration of a pes-
ticide, the Administrator shall request that 
the Secretary of the Interior and the Sec-
retary of Commerce transmit, with respect 
to any federally listed threatened and en-
dangered species involved in such deter-
mination, the Secretaries’ best available 
and authoritative information and data 
on— 
‘‘(I) the location, life history, 
habitat needs, distribution, threats, 
population trends and conservation 
needs of such species; and 
‘‘(II) relevant physical and bio-
logical features of designated critical 
habitat for such species. 
‘‘(ii) TRANSMISSION OF DATA.—After 
receiving a request under clause (i), the 
Secretary of the Interior and the Secretary
646 
of Commerce shall transmit the informa-
tion described in such clause to the Admin-
istrator on a timely basis, unless the Sec-
retary of the Interior and the Secretary of 
Commerce have made such information 
available through a web-based platform 
that is updated on at least a quarterly 
basis. 
‘‘(iii) FAILURE TO TRANSMIT DATA.— 
The failure of the Secretary of the Interior 
or the Secretary of Commerce to provide 
information to the Administrator under 
clause (ii) shall not constitute grounds for 
extending any deadline for action under 
section 33(f). 
‘‘(D) CONSULTATION.— 
‘‘(i) IN GENERAL.—At the request of 
an applicant, the Administrator shall re-
quest consultation with the Secretary of 
the Interior and the Secretary of Com-
merce. 
‘‘(ii) REQUIREMENTS.—With respect 
to a consultation under this subparagraph, 
the Administrator and the Secretary of the 
Interior and the Secretary of Commerce
647 
shall comply with subpart D of part 402 of 
title 50, Code of Federal Regulations (com-
monly known as the Joint Counterpart En-
dangered Species Act Section 7 Consulta-
tion), or successor regulations. 
‘‘(E) FAILURE TO CONSULT.— 
‘‘(i) 
NOT
ACTIONABLE.—Notwith-
standing any other provision of law, begin-
ning on the date of the enactment of this 
subparagraph, the failure of the Adminis-
trator to consult with the Secretary of the 
Interior and the Secretary of Commerce, 
except as provided by this section, is not 
actionable in any Federal court. 
‘‘(ii) REMEDY.—In any action pend-
ing in Federal court on the date of the en-
actment of this subparagraph or any ac-
tion brought in Federal court after such 
date, with respect to the Administrator’s 
failure to consult with the Secretary of the 
Interior and the Secretary of Commerce, 
the sole and exclusive remedy for any such 
action, other than as otherwise specified in 
this Act, shall be scheduling the determina-
tions required by section 3(c)(5)(E) for an
648 
active ingredient consistent with the peri-
odic review of registrations established by 
this section. 
‘‘(F) ESSENTIALITY AND EFFICACY.—The 
Administrator shall not make any lack of essen-
tiality a criterion for denying registration of 
any pesticide. Where two pesticides meet the re-
quirements of this paragraph, one should not be 
registered in preference to the other. In consid-
ering an application for the registration of a 
pesticide, the Administrator may waive data re-
quirements pertaining to efficacy, in which 
event the Administrator may register the pes-
ticide without determining that the pesticide’s 
composition is such as to warrant proposed 
claims of efficacy. If a pesticide is found to be 
efficacious by any State under section 24(c), a 
presumption is established that the Adminis-
trator shall waive data requirements pertaining 
to efficacy for use of the pesticide in such 
State.’’. 
(b) 
REGISTRATION
UNDER
SPECIAL
CIR-
CUMSTANCES.—Section 3(c)(7) of the Federal Insecticide, 
Fungicide, and Rodenticide Act (7 U.S.C. 136a(c)(7)) is 
amended—
649 
(1) in subparagraph (A)— 
(A) by inserting ‘‘and when used in accord-
ance with widespread and commonly recognized 
practice, it is not likely to jeopardize the sur-
vival of a federally listed threatened or endan-
gered species or appreciably diminish the value 
of critical habitat for both the survival and re-
covery of the listed species,’’ after ‘‘or differ 
only in ways that would not significantly in-
crease the risk of unreasonable adverse effects 
on the environment,’’; and 
(B) by inserting ‘‘and it is not likely to 
jeopardize the survival of a federally listed 
threatened or endangered species or appreciably 
diminish the value of critical habitat for both 
the survival and recovery of the listed species’’ 
before ‘‘. An applicant seeking conditional reg-
istration’’; and 
(2) in subparagraph (B), by inserting ‘‘and it 
is not likely to jeopardize the survival of a federally 
listed threatened or endangered species or directly or 
indirectly appreciably diminish the value of critical 
habitat for both the survival and recovery of the list-
ed species’’ before ‘‘. Notwithstanding the foregoing 
provisions’’.
650 
(c) REGISTRATION REVIEW.—Section 3(g)(1)(A) of 
the Federal Insecticide, Fungicide, and Rodenticide Act 
(7 U.S.C. 136a(g)(1)(A)) is amended by adding at the end 
the following new clause: 
‘‘(vi) ENSURING PROTECTION OF SPECIES 
AND HABITAT.—The Administrator shall com-
plete the determination required under sub-
section (c)(5)(A)(v) for an active ingredient 
consistent with the periodic review of registra-
tions under clauses (ii) and (iii) in accordance 
with the following schedule: 
‘‘(I) With respect to any active ingre-
dient first registered on or before October 
1, 2007, not later than October 1, 2026. 
‘‘(II) With respect to any active ingre-
dient first registered between October 1, 
2007, and the day before the date of the 
enactment of this clause, not later than 
October 1, 2033. 
‘‘(III) With respect to any active in-
gredient first registered on or after the 
date of the enactment of this clause, not 
later than 48 months after the effective 
date of registration.’’.
651 
SEC. 9112. EXPERIMENTAL USE PERMITS. 
Section 5(a) of the Federal Insecticide, Fungicide, 
and Rodenticide Act (7 U.S.C. 136c(a)) is amended by 
inserting ‘‘and that the issuance of such a permit is not 
likely to jeopardize the survival of a federally listed threat-
ened or endangered species or diminish the value of crit-
ical habitat for both the survival and recovery of the listed 
species’’ after ‘‘section 3 of this Act’’. 
SEC. 9113. ADMINISTRATIVE REVIEW; SUSPENSION. 
Section 6(b) of the Federal Insecticide, Fungicide, 
and Rodenticide Act (7 U.S.C. 136d(b)) is amended by 
inserting ‘‘or does not meet the criteria specified in section 
3(c)(5)(A)(v)’’ after ‘‘adverse effects on the environment’’. 
SEC. 9114. UNLAWFUL ACTS. 
Section 12 of the Federal Insecticide, Fungicide, and 
Rodenticide Act (7 U.S.C. 136j) is amended by adding at 
the end the following new subsection: 
‘‘(c) LAWFUL USE OF PESTICIDE RESULTING IN IN-
CIDENTAL TAKING OF CERTAIN SPECIES.—If the Admin-
istrator determines, with respect to a pesticide that is reg-
istered under this Act, that the pesticide meets the criteria 
specified in section 3(c)(5)(A)(v), any taking of a federally 
listed threatened or endangered species that is incidental 
to an otherwise lawful use of such pesticide pursuant to 
this Act shall not be considered unlawful under—
652 
‘‘(1) section 4(d) of the Endangered Species 
Act of 1973 (16 U.S.C. 1533(d)); or 
‘‘(2) section 9(a)(1)(B) of the Endangered Spe-
cies Act of 1973 (16 U.S.C. 1538(a)(1)(B)).’’. 
SEC. 9115. AUTHORITY OF STATES. 
Section 24(c) of the Federal Insecticide, Fungicide, 
and Rodenticide Act (7 U.S.C. 136v(c)) is amended— 
(1) in paragraph (2), in the second sentence, by 
inserting ‘‘and the State registration is not likely to 
jeopardize the survival of a federally listed threat-
ened or endangered species or directly or indirectly 
alter in a manner that is likely to appreciably dimin-
ish the value of critical habitat for both the survival 
and recovery of the listed species’’ before the period 
at the end; and 
(2) by striking paragraph (4). 
SEC. 9116. REGULATIONS. 
Not later than 180 days after the date of the enact-
ment of this Act, the Administrator of the Environmental 
Protection Agency shall publish, and revise thereafter as 
appropriate, a work plan and processes for completing the 
determinations required by clause (v) of section 3(c)(5)(A) 
of the Federal Insecticide, Fungicide, and Rodenticide Act 
(7 U.S.C. 136a(c)(5)(A)), as added by section 9111(a), 
and implementing and enforcing standards of registration
653 
consistent with such clause and consistent with registra-
tion reviews and other periodic reviews. 
SEC. 9117. USE OF AUTHORIZED PESTICIDES. 
Section 3(f) of the Federal Insecticide, Fungicide, 
and Rodenticide Act (7 U.S.C. 136a(f)) is amended by 
adding at the end the following: 
‘‘(5) USE
OF
AUTHORIZED
PESTICIDES.—Ex-
cept as provided in section 402(s) of the Federal 
Water Pollution Control Act, the Administrator or a 
State may not require a permit under such Act for 
a discharge from a point source into navigable 
waters of a pesticide authorized for sale, distribu-
tion, or use under this Act, or the residue of such 
a pesticide, resulting from the application of such 
pesticide.’’. 
SEC. 9118. DISCHARGES OF PESTICIDES. 
Section 402 of the Federal Water Pollution Control 
Act (33 U.S.C. 1342) is amended by adding at the end 
the following: 
‘‘(s) DISCHARGES OF PESTICIDES.— 
‘‘(1) NO
PERMIT
REQUIREMENT.—Except as 
provided in paragraph (2), a permit shall not be re-
quired by the Administrator or a State under this 
Act for a discharge from a point source into navi-
gable waters of a pesticide authorized for sale, dis-
654 
tribution, or use under the Federal Insecticide, Fun-
gicide, and Rodenticide Act, or the residue of such 
a pesticide, resulting from the application of such 
pesticide. 
‘‘(2) EXCEPTIONS.—Paragraph (1) shall not 
apply to the following discharges of a pesticide or 
pesticide residue: 
‘‘(A) A discharge resulting from the appli-
cation of a pesticide in violation of a provision 
of the Federal Insecticide, Fungicide, and 
Rodenticide Act that is relevant to protecting 
water quality, if— 
‘‘(i) the discharge would not have oc-
curred but for the violation; or 
‘‘(ii) the amount of pesticide or pes-
ticide residue in the discharge is greater 
than would have occurred without the vio-
lation. 
‘‘(B) Stormwater discharges subject to reg-
ulation under subsection (p). 
‘‘(C) The following discharges subject to 
regulation under this section: 
‘‘(i) Manufacturing or industrial efflu-
ent. 
‘‘(ii) Treatment works effluent.
655 
‘‘(iii) Discharges incidental to the nor-
mal operation of a vessel, including a dis-
charge resulting from ballasting operations 
or vessel biofouling prevention.’’. 
SEC. 9119. ENACTMENT OF PESTICIDE REGISTRATION IM-
PROVEMENT ENHANCEMENT ACT OF 2017. 
H.R. 1029 of the 115th Congress, entitled the ‘‘Pes-
ticide Registration Improvement Enhancement Act of 
2017’’, as passed by the House of Representatives on 
March 20, 2017, is hereby enacted into law. 
PART III—AMENDMENTS TO THE PLANT 
PROTECTION ACT 
SEC. 9121. METHYL BROMIDE. 
Section 419 of the Plant Protection Act (7 U.S.C. 
7719) is amended to read as follows: 
‘‘SEC. 419. METHYL BROMIDE. 
‘‘(a) AUTHORIZATION.— 
‘‘(1) IN GENERAL.—Subject to paragraphs (2) 
and (3), a State, local, or Tribal authority may au-
thorize the use of methyl bromide for a qualified use 
if the authority determines the use is required to re-
spond to an emergency event. The Secretary may 
authorize such a use if the Secretary determines 
such a use is required to respond to an emergency 
event.
656 
‘‘(2) NOTIFICATION.—Not later than 5 days 
after the date on which a State, local, or Tribal au-
thority makes the determination described in para-
graph (1), the State, local, or Tribal authority in-
tending to authorize the use of methyl bromide for 
a qualified use shall submit to the Secretary a notifi-
cation that contains the information described in 
subsection (b). 
‘‘(3) OBJECTION.—A State, local, or Tribal au-
thority may not authorize the use of methyl bromide 
under paragraph (1) if the Secretary objects to such 
use under subsection (c) within the 5-day period 
specified in such subsection. 
‘‘(b) NOTIFICATION CONTENTS.—A notification sub-
mitted under subsection (a)(2) by a State, local, or Tribal 
authority shall contain— 
‘‘(1) a certification that the State, local, or 
Tribal authority requires the use of methyl bromide 
to respond to an emergency event; 
‘‘(2) a description of the emergency event and 
the economic loss that would result from such emer-
gency event; 
‘‘(3) the identity and contact information for 
the responsible individual of the authority; and
657 
‘‘(4) with respect to the qualified use of methyl 
bromide that is the subject of the notification— 
‘‘(A) the specific location in which the 
methyl bromide is to be used and the total acre-
age of such location; 
‘‘(B) the identity of the pest or pests to be 
controlled by such use; 
‘‘(C) the total volume of methyl bromide to 
be used; and 
‘‘(D) the anticipated date of such use. 
‘‘(c) OBJECTION.— 
‘‘(1) IN
GENERAL.—The Secretary, not later 
than 5 days after the receipt of a notification sub-
mitted under subsection (a)(2), may object to the 
authorization of the use of methyl bromide under 
such subsection by a State, local, or Tribal authority 
by sending the State, local, or Tribal authority a no-
tification in writing of such objection that— 
‘‘(A) states the reasons for such objection; 
and 
‘‘(B) specifies any additional information 
that the Secretary would require to withdraw 
the objection.
658 
‘‘(2) REASONS FOR OBJECTION.—The Secretary 
may object to an authorization described in para-
graph (1) if the Secretary determines that— 
‘‘(A) the notification submitted under sub-
section (a)(2) does not— 
‘‘(i) contain all of the information 
specified in paragraphs (1) through (4) of 
subsection (b); or 
‘‘(ii) demonstrate the existence of an 
emergency event; or 
‘‘(B) the qualified use specified in the noti-
fication does not comply with the limitations 
specified in subsection (e). 
‘‘(3) WITHDRAWAL OF OBJECTION.—The Sec-
retary shall withdraw an objection under this sub-
section if— 
‘‘(A) not later than 14 days after the date 
on which the Secretary sends the notification 
under paragraph (1) to the State, local, or 
Tribal authority involved, the State, local, or 
Tribal authority submits to the Secretary the 
additional information specified in such notifi-
cation; and 
‘‘(B) such additional information is sub-
mitted to the satisfaction of the Secretary.
659 
‘‘(4) EFFECT
OF
WITHDRAWAL.—Upon the 
issuance of a withdrawal under paragraph (3), the 
State, local, or Tribal authority involved may au-
thorize the use of methyl bromide for the qualified 
use specified in the notification submitted under 
subsection (a)(2). 
‘‘(d) USE FOR EMERGENCY EVENTS CONSISTENT 
WITH FIFRA.—The production, distribution, sale, ship-
ment, application, or use of a pesticide product containing 
methyl bromide in accordance with an authorization for 
a use under subsection (a) shall be deemed an authorized 
production, distribution, sale, shipment, application, or 
use of such product under the Federal Insecticide, Fun-
gicide, and Rodenticide Act, regardless of whether the in-
tended use is registered and included in the label approved 
for the product by the Administrator of the Environmental 
Protection Agency under such Act. 
‘‘(e) LIMITATIONS ON USE.— 
‘‘(1) LIMITATIONS
ON
USE
PER
EMERGENCY 
EVENT.—The amount of methyl bromide that may 
be used per emergency event at a specific location 
shall not exceed 20 metric tons. 
‘‘(2) LIMITS
ON
AGGREGATE
AMOUNT.—The 
aggregate amount of methyl bromide allowed pursu-
ant to this section for use in the United States in
660 
a calendar year shall not exceed the total amount 
authorized by the Parties to the Montreal Protocol 
pursuant to the Montreal Protocol process for crit-
ical uses in the United States in calendar year 2011. 
‘‘(f) ENSURING ADEQUATE SUPPLY
OF METHYL 
BROMIDE.—Notwithstanding any other provision of law, 
it shall not be unlawful for any person or entity to produce 
or import methyl bromide, or otherwise supply methyl bro-
mide from inventories (produced or imported pursuant to 
the Clean Air Act for other purposes) in response to an 
emergency event in accordance with subsection (a). 
‘‘(g) EXCLUSIVE AUTHORITY OF THE SECRETARY.— 
Nothing in this section shall be construed to alter or mod-
ify the authority of the Secretary to use methyl bromide 
for quarantine and pre-shipment, without limitation, 
under the Clean Air Act. 
‘‘(h) DEFINITIONS.— 
‘‘(1) EMERGENCY
EVENT.—The term ‘emer-
gency event’ means a situation— 
‘‘(A) that occurs at a location on which a 
plant or commodity is grown or produced or a 
facility providing for the storage of, or other 
services with respect to, a plant or commodity; 
‘‘(B) for which the lack of availability of 
methyl bromide for a particular use would re-
661 
sult in significant economic loss to the owner, 
lessee, or operator of such a location or facility 
or the owner, grower, or purchaser of such a 
plant or commodity; and 
‘‘(C) that, in light of the specific agricul-
tural, meteorological, or other conditions pre-
sented, requires the use of methyl bromide to 
control a pest or disease in such location or fa-
cility because there are no technically or eco-
nomically feasible alternatives to methyl bro-
mide easily accessible by an entity referred to 
in subparagraph (B) at the time and location of 
the event that— 
‘‘(i) are registered under the Federal 
Insecticide, Fungicide, and Rodenticide Act 
(7 U.S.C. 136 et seq.) for the intended use 
or pest to be so controlled; and 
‘‘(ii) would adequately control the pest 
or disease presented at such location or fa-
cility. 
‘‘(2) PEST.—The term ‘pest’ has the meaning 
given such term in section 2 of the Federal Insecti-
cide, Fungicide, and Rodenticide Act (7 U.S.C. 
136).
662 
‘‘(3) QUALIFIED USE.—The term ‘qualified use’ 
means, with respect to methyl bromide, a methyl 
bromide treatment or application in an amount not 
to exceed the limitations specified in subsection (e) 
in response to an emergency event.’’. 
SEC. 9122. PREVENTING THE ARRIVAL IN THE UNITED 
STATES OF FOREST PESTS THROUGH RE-
STRICTIONS ON THE IMPORTATION OF CER-
TAIN PLANTS FOR PLANTING. 
(a) CRITERIA FOR ADDING PLANTS TO NOT AU-
THORIZED PENDING PEST RISK ANALYSIS LIST.—Section 
412(a) of the Plant Protection Act (7 U.S.C. 7711(a)) is 
amended— 
(1) by striking ‘‘The Secretary’’ and inserting 
the following: 
‘‘(1) REGULATION OF MOVEMENT.—The Sec-
retary’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(2) CRITERIA FOR ADDING PLANTS TO NOT 
AUTHORIZED PENDING PEST RISK ANALYSIS LIST.— 
In determining whether to add a genus of a plant 
for planting to the not authorized pending pest risk 
analysis list, the Secretary shall consider the envi-
ronmental impact on natural, managed, and urban
663 
ecosystems in the United States of a pest that may 
be carried on a plant for planting.’’. 
(b) REPORTING REQUIREMENT.—Section 412(e) of 
the Plant Protection Act (7 U.S.C. 7712(e)) is amended 
to read as follows: 
‘‘(e) REPORT
ON
INTERCEPTION
OF
FOREST 
PESTS.—Not later than March 1, 2021, the Secretary 
shall submit to Congress a report— 
‘‘(1) evaluating the effectiveness of the Federal 
Government in intercepting pests in international 
shipping and on plants for planting; 
‘‘(2) describing the geographic sources of inter-
cepted pests and the commodities or plant species 
most often associated with infested shipments; 
‘‘(3) quantifying the detection of forest pests in 
the national surveillance networks, including the Co-
operative Agricultural Pest Survey and the Early 
Detection and Rapid Response network of the For-
est Service; 
‘‘(4) describing new outbreaks of forest pests in 
the United States and the spread of existing infesta-
tions; 
‘‘(5) describing how the numbers of such inter-
ceptions, detections, and outbreaks described in a
664 
preceding paragraph have changed since January 1, 
2018; 
‘‘(6) containing proposed additional actions to 
further reduce the rate of arrival for forest pests 
across the borders of the United States; and 
‘‘(7) identifying current challenges with inter-
cepting, detecting, and addressing outbreaks of tree 
and wood pests, as well as challenges in achieving 
compliance with this Act and recommendations with 
respect to such challenges.’’. 
(c) DECLARATION OF EXTRAORDINARY EMERGENCY 
AND RESULTING AUTHORITIES.—Section 415(a) of the 
Plant Protection Act (7 U.S.C. 7715(a)) is amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(3); 
(2) by striking the period at the end of para-
graph (4) and inserting ‘‘; and’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(5) use available funds for all activities nec-
essary for pest eradication, including pest identifica-
tion, development of a pest-specific management 
plan, and implementation of that plan.’’. 
(d) FOREST SERVICE
AND ANIMAL
AND PLANT 
HEALTH INSPECTION SERVICE COOPERATION
IN RE-
665 
SPONSE TO FOREST PLANT PESTS.—Section 431(a) of 
the Plant Protection Act (7 U.S.C. 7751(a)) is amended— 
(1) by striking ‘‘(a) IN GENERAL.—’’ and in-
serting the following: 
‘‘(a) COOPERATION AUTHORITY.— 
‘‘(1) IN GENERAL.—’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(2) IMPROVED
COOPERATION
WITH
FOREST 
SERVICE AGAINST FOREST PLANT PESTS.—The Sec-
retary shall ensure that appropriate coordination 
and collaboration is occurring between the Animal 
and Plant Health Inspection Service and the Forest 
Service with respect to— 
‘‘(A) 
periodically 
identifying 
and 
prioritizing critical detection, surveillance, and 
eradication needs for tree and wood pests; and 
‘‘(B) identifying the actions each agency 
will take within their respective missions with 
respect to addressing identified priorities.’’. 
(e) EFFECTIVE DATE AND IMPLEMENTATION.— 
(1) EFFECTIVE DATE.—The amendments made 
by this section shall take effect 60 days after the 
date of the enactment of this Act.
666 
(2) IMPLEMENTATION.—The Secretary shall 
issue or revise such regulations as may be necessary 
to implement the amendments made by this section. 
PART IV—AMENDMENTS TO OTHER LAWS 
SEC. 9131. DEFINITION OF RETAIL FACILITIES. 
Not later than 180 days of the date of enactment of 
this Act, the Secretary of Labor shall revise the process 
safety management of highly hazardous chemicals stand-
ard under section 1910.119 of title 29, Code of Federal 
Regulations, promulgated pursuant to section 6 of the Oc-
cupational Safety and Health Act of 1970 (29 U.S.C. 
655), to provide that the definition of the term ‘‘retail fa-
cility’’, when used with respect to a facility that provides 
direct sales of highly hazardous chemicals to end users or 
consumers (including farmers or ranchers), means a facil-
ity that is exempt from such standard because such facil-
ity has obtained more than half of its income during the 
most recent 12-month period from such direct sales. 
Subtitle C—Other Matters 
SEC. 9201. REPORT ON REGULATION OF PLANT BIOSTIMU-
LANTS. 
(a) REPORT.—Not later than 1 year after the date 
of the enactment of this Act, the Secretary shall submit 
a report to the President and Congress that identifies po-
tential regulatory and legislative reforms to ensure the ex-
667 
peditious and appropriate review, approval, uniform na-
tional labeling, and availability of plant biostimulant prod-
ucts to agricultural producers. 
(b) CONSULTATION.—The Secretary of Agriculture 
shall prepare the report required by subsection (a) in con-
sultation with the Administrator of the Environmental 
Protection Agency, the several States, industry stake-
holders, and such other stakeholders as the Secretary de-
termines necessary. 
(c) PLANT BIOSTIMULANT DEFINED.—In this sec-
tion, the term ‘‘plant biostimulant’’ means a substance or 
micro-organism that, when applied to seeds, plants, or the 
rhizosphere, stimulates natural processes to enhance or 
benefit nutrient uptake, nutrient efficiency, tolerance to 
abiotic stress, or crop quality and yield. 
SEC. 9202. PECAN MARKETING ORDERS. 
Section 8e(a) of the Agricultural Adjustment Act, re-
enacted with amendments by the Agricultural Marketing 
Agreement Act of 1937 (7 U.S.C. 608e–1(a)), is amended 
in the first sentence, by inserting ‘‘pecans,’’ after ‘‘wal-
nuts,’’. 
SEC. 9203. REPORT ON HONEY AND MAPLE SYRUP. 
Not later than 60 days after the date of the enact-
ment of this Act, the Secretary of Agriculture shall submit 
to the Committee on Agriculture of the House of Rep-
668 
resentatives and the Committee on Agriculture, Nutrition, 
and Forestry of the Senate a report examining the effect 
of the final rule entitled ‘‘Food Labeling: Revision of the 
Nutrition and Supplement Facts Labels’’, published in the 
Federal Register by the Food and Drug Administration 
on May 27, 2016 (81 Fed. Reg. 33742), (providing for 
updates to the nutrition facts panel on the labeling of 
packaged food) has on consumer perception regarding the 
‘‘added sugar’’ statement required to be included on such 
panel by such final rule with respect to packaged food in 
which no sugar is added during processing, including pure 
honey and maple syrup. 
TITLE X—CROP INSURANCE 
SEC. 10001. TREATMENT OF FORAGE AND GRAZING. 
(a) AVAILABILITY OF CATASTROPHIC RISK PROTEC-
TION FOR CROPS AND GRASSES USED FOR GRAZING.— 
Section 508(b)(1) of the Federal Crop Insurance Act (7 
U.S.C. 1508(b)(1)) is amended— 
(1) by striking ‘‘(A) IN GENERAL.—Except as 
provided in subparagraph (B), the’’ and inserting 
‘‘The’’; and 
(2) by striking subparagraph (B). 
(b) LIMITATION ON MULTIPLE BENEFITS FOR SAME 
LOSS.—Section 508(n)(2) of the Federal Crop Insurance 
Act (7 U.S.C. 1508(n)(2)) is amended by inserting before
669 
the period the following: ‘‘or to coverage described in sec-
tion 508D’’. 
(c) COVERAGE FOR FORAGE AND GRAZING.—The 
Federal Crop Insurance Act is amended by inserting after 
section 508C (7 U.S.C. 1508C) the following new section: 
‘‘SEC. 508D. COVERAGE FOR FORAGE AND GRAZING. 
‘‘Notwithstanding section 508A, and in addition to 
any other available coverage, for crops that can be both 
grazed and mechanically harvested on the same acres dur-
ing the same growing season, producers shall be allowed 
to purchase, and be independently indemnified on, sepa-
rate policies for each intended use, as determined by the 
Corporation.’’. 
SEC. 10002. ADMINISTRATIVE BASIC FEE. 
Section 508(b)(5)(A) of the Federal Crop Insurance 
Act (7 U.S.C. 1508(b)(5)(A)) is amended by striking 
‘‘$300’’ and inserting ‘‘$500’’. 
SEC. 10003. PREVENTION OF DUPLICATIVE COVERAGE. 
(a) IN GENERAL.—Section 508(c)(1) of the Federal 
Crop Insurance Act (7 U.S.C. 1508(c)(1)) is amended by 
adding at the end the following new subparagraph: 
‘‘(C) INELIGIBLE
CROPS
AND
ACRES.— 
Crops for which the producer has elected under 
section 1117 of the Agriculture and Nutrition 
Act of 2018 to receive agriculture risk coverage
670 
and acres that are enrolled in the stacked in-
come protection plan under section 508B shall 
not be eligible for— 
‘‘(i) coverage based on an area yield 
and loss basis under paragraph (3)(A)(ii); 
or 
‘‘(ii) supplemental coverage under 
paragraph (4)(C).’’. 
(b) 
CONFORMING
AMENDMENTS.—Section 
508(c)(4)(C) of the Federal Crop Insurance Act (7 U.S.C. 
1508(c)(4)(C)) is amended— 
(1) by striking clause (iv); and 
(2) by redesignating clause (v) as clause (iv). 
SEC. 10004. REPEAL OF UNUSED AUTHORITY. 
(a) IN GENERAL.—Section 508(d) of the Federal 
Crop Insurance Act (7 U.S.C. 1508(d)) is amended— 
(1) by striking paragraph (3); and 
(2) by redesignating paragraph (4) as para-
graph (3). 
(b) 
CONFORMING
AMENDMENTS.—Section 
508(a)(9)(B) of the Federal Crop Insurance Act (7 U.S.C. 
1508(a)(9)(B)) is amended— 
(1) in clause (i), by inserting ‘‘or’’ after the 
semicolon; 
(2) by striking clause (ii); and
671 
(3) by redesignating clause (iii) as clause (ii). 
SEC. 10005. CONTINUED AUTHORITY. 
Section 508(g) of the Federal Crop Insurance Act (7 
U.S.C. 1508(g)) is amended by adding at the end the fol-
lowing new paragraph: 
‘‘(6) CONTINUED AUTHORITY.— 
‘‘(A) IN GENERAL.—The Corporation shall 
establish— 
‘‘(i) underwriting rules that limit the 
decrease in the actual production history of 
a producer, at the election of the producer, 
to not more than 10 percent of the actual 
production history of the previous crop 
year provided that the production decline 
was the result of drought, flood, natural 
disaster, or other insurable loss (as deter-
mined by the Corporation); and 
‘‘(ii) actuarially sound premiums to 
cover additional risk. 
‘‘(B) OTHER AUTHORITY.—The authority 
provided under subparagraph (A) is in addition 
to any other authority that adjusts the actual 
production history of the producer under this 
Act.
672 
‘‘(C) EFFECT.—Nothing in this paragraph 
shall be construed to require a change in the 
carrying out of any provision of this Act as the 
Act was carried out for the 2018 reinsurance 
year.’’. 
SEC. 10006. PROGRAM ADMINISTRATION. 
Section 516(b)(2)(C)(i) of the Federal Crop Insur-
ance Act (7 U.S.C. 1516(b)(2)(C)(i)) is amended by strik-
ing ‘‘$9,000,000’’ and inserting ‘‘$7,000,000’’. 
SEC. 10007. MAINTENANCE OF POLICIES. 
(a) Section 522(b) of the Federal Crop Insurance Act 
(7 U.S.C. 1522(b)) is amended— 
(1) in paragraph (1), by amending subpara-
graph (B) to read as follows: 
‘‘(B) REIMBURSEMENT.— 
‘‘(i) IN GENERAL.—An applicant who 
submits a policy under section 508(h) shall 
be eligible for the reimbursement of rea-
sonable and actual research and develop-
ment costs directly related to the policy if 
the policy is approved by the Board for 
sale to producers. 
‘‘(ii) REASONABLE
COSTS.—For the 
purpose of reimbursing research and devel-
opment and maintenance costs under this
673 
section, costs of the applicant shall be con-
sidered reasonable and actual costs if the 
costs are based on— 
‘‘(I) wage rates equal to 2 times 
the hourly wage rate plus benefits, as 
provided by the Bureau of Labor Sta-
tistics for the year in which such costs 
are incurred, calculated using the for-
mula applied to an applicant by the 
Corporation in reviewing proposed 
project budgets under this section on 
October 1, 2016; or 
‘‘(II) actual documented costs in-
curred by the applicant.’’; and 
(2) in paragraph (4)— 
(A) in subparagraph (C), by striking ‘‘ap-
proved insurance provider’’ and inserting ‘‘ap-
plicant’’; and 
(B) in subparagraph (D)— 
(i) in clause (i), by striking ‘‘deter-
mined by the approved insurance provider’’ 
and inserting ‘‘determined by the appli-
cant’’; 
(ii) by striking clause (ii) and insert-
ing the following new clauses:
674 
‘‘(ii) APPROVAL.—Subject to clause 
(iii), the Board shall approve the amount 
of a fee determined under clause (i) unless 
the Board determines, based on substantial 
evidence in the record, that the amount of 
the fee unnecessarily inhibits the use of the 
policy. 
‘‘(iii) CONSIDERATION.—The Board 
shall not disapprove a fee on the basis of— 
‘‘(I) a comparison to mainte-
nance fees paid with respect to the 
policy; or 
‘‘(II) the potential for the fee to 
result in a financial gain or loss to the 
applicant based on the number of poli-
cies sold.’’. 
(b) APPLICABILITY.— 
(1) IN GENERAL.—The amendments made by 
this section shall apply to reimbursement requests 
made on or after October 1, 2016. 
(2) RESUBMISSION OF DENIED REQUEST.—An 
applicant that was denied all or a portion of a reim-
bursement request under paragraph (1) of section 
522(b) of the Federal Crop Insurance Act (7 U.S.C. 
1522(b)) during the period between October 1, 2016
675 
and the date of the enactment of this Act shall be 
given an opportunity to resubmit such request. 
SEC. 10008. RESEARCH AND DEVELOPMENT PRIORITIES. 
(a) REPEAL OF CERTAIN RESEARCH AND DEVELOP-
MENT ACTIVITIES.—Section 522(c) of the Federal Crop 
Insurance Act (7 U.S.C. 1522(c)) is amended— 
(1) by striking paragraphs (7) through (18); 
(2) by striking paragraphs (20) through (23); 
and 
(3) by redesignating paragraphs (19) and (24) 
as paragraphs (7) and (8), respectively. 
(b) WHOLE FARM APPLICATION
TO BEGINNING 
FARMERS
AND RANCHERS.—Paragraph (7) of section 
522(c) of the Federal Crop Insurance Act (7 U.S.C. 
1522(c)), as redesignated by subsection (a), is amended 
by adding at the end the following new subparagraph: 
‘‘(E) BEGINNING
FARMER
OR
RANCHER
DE-
FINED.—Notwithstanding section 502(b)(3), with re-
spect to plans described under this paragraph, the 
term ‘beginning farmer or rancher’ means a farmer 
or rancher who has not actively operated and man-
aged a farm or ranch with a bona fide insurable in-
terest in a crop or livestock as an owner-operator, 
landlord, tenant, or sharecropper for more than 10 
crop years.’’.
676 
(c) RESEARCH AND DEVELOPMENT PRIORITIES.— 
Section 522(c) of the Federal Crop Insurance Act (7 
U.S.C. 1522(c)) as amended by subsection (a), is further 
amended by adding at the end the following new para-
graphs: 
‘‘(9) TROPICAL STORM OR HURRICANE INSUR-
ANCE.— 
‘‘(A) IN GENERAL.—The Corporation shall 
offer to enter into 1 or more contracts with 
qualified entities to carry out research and de-
velopment regarding a policy to insure crops, 
including tomatoes, peppers, and citrus, against 
losses due to a tropical storm or hurricane. 
‘‘(B) RESEARCH
AND
DEVELOPMENT.— 
Research and development with respect to the 
policy required under subparagraph (A) shall— 
‘‘(i) evaluate the effectiveness of a 
risk management tool for a low frequency, 
catastrophic loss weather event; and 
‘‘(ii) provide protection for production 
or revenue losses, or both. 
‘‘(10) SUBSURFACE IRRIGATION PRACTICES.— 
The Corporation shall offer to enter into a contract 
with a qualified entity to conduct research and de-
velopment regarding the creation of a separate prac-
677 
tice for subsurface irrigation, including the establish-
ment of a separate transitional yield within the 
county that is reflective of the average gain in pro-
ductivity and yield associated with the installation of 
a subsurface irrigation system. 
‘‘(11) STUDY AND REPORT ON GRAIN SORGHUM 
RATES AND YIELDS.— 
‘‘(A) STUDY.—The Corporation shall con-
tract with a qualified entity to conduct a study 
to assess the difference in rates, average yields, 
and coverage levels of grain sorghum policies as 
compared to other feed grains within a county. 
‘‘(B) REPORT.—Not later than 1 year 
after the date of enactment of this paragraph, 
the Corporation shall submit to the Committee 
on Agriculture of the House of Representatives 
and the Committee on Agriculture, Nutrition, 
and Forestry of the Senate a report that de-
scribes the results of the study conducted under 
subparagraph (A). 
‘‘(12) QUALITY LOSSES.— 
‘‘(A) IN GENERAL.—The Corporation shall 
offer to enter into a contract with a qualified 
entity to conduct research and development re-
garding the establishment of an alternative
678 
method of adjusting for quality losses that does 
not impact the average production history of 
producers. 
‘‘(B) 
REQUIREMENTS.—Notwithstanding 
subsections (g) and (m) of section 508, if the 
Corporation uses any method developed as a re-
sult of the contract described in subparagraph 
(A) to adjust for quality losses, such method 
shall be— 
‘‘(i) optional for producers to elect to 
use; and 
‘‘(ii) offered at an actuarially sound 
premium rate.’’. 
SEC. 10009. EXTENSION OF FUNDING FOR RESEARCH AND 
DEVELOPMENT. 
Section 522 of the Federal Crop Insurance Act (7 
U.S.C. 1522) is amended— 
(1) by striking subsection (d); 
(2) in subsection (e)(2)(A)— 
(A) by striking ‘‘under subsections (c) and 
(d)’’ and inserting ‘‘under subsection (c)’’ ; and 
(B) 
by 
striking 
‘‘not 
more 
than 
$12,500,000 for fiscal year 2008 and each sub-
sequent fiscal year.’’ and inserting the fol-
lowing: ‘‘not more than—
679 
‘‘(i) $12,500,000 for fiscal year 2008 
through 2018; and’’; and 
(C) by adding at the end the following: 
‘‘(ii) $8,000,000 for fiscal year 2019 
and each fiscal year thereafter.’’; and 
(3) by redesignating subsection (e), as so 
amended, as subsection (d). 
SEC. 10010. EDUCATION AND RISK MANAGEMENT ASSIST-
ANCE. 
Section 524 of the Federal Crop Insurance Act (7 
U.S.C. 1524) is amended to read as follows: 
‘‘SEC. 524. EDUCATION AND RISK MANAGEMENT ASSIST-
ANCE. 
‘‘(a) EDUCATION
ASSISTANCE.—Subject to the 
amounts made available under subsection (d), the Sec-
retary, acting through the National Institute of Food and 
Agriculture, shall carry out the program established under 
subsection (b). 
‘‘(b) PARTNERSHIPS FOR RISK MANAGEMENT EDU-
CATION.— 
‘‘(1) 
AUTHORITY.—The 
Secretary, 
acting 
through the National Institute of Food and Agri-
culture, shall establish a program under which com-
petitive grants are made to qualified public and pri-
vate entities (including land-grant colleges, coopera-
680 
tive extension services, and colleges or universities), 
as determined by the Secretary, for the purpose of 
educating agricultural producers about the full range 
of risk management activities, including futures, op-
tions, agricultural trade options, crop insurance, 
cash forward contracting, debt reduction, production 
diversification, farm resources risk reduction, farm 
financial benchmarking, and other risk management 
strategies. 
‘‘(2) BASIS FOR GRANTS.—A grant under this 
subsection shall be awarded on the basis of merit 
and shall be subject to peer or merit review. 
‘‘(3) OBLIGATION PERIOD.—Funds for a grant 
under this subsection shall be available to the Sec-
retary for obligation for a 2-year period. 
‘‘(4) ADMINISTRATIVE COSTS.—The Secretary 
may use not more than 4 percent of the funds made 
available for grants under this subsection for admin-
istrative costs incurred by the Secretary in carrying 
out this subsection. 
‘‘(c) REQUIREMENTS.—In carrying out the program 
established under subsection (b), the Secretary shall place 
special emphasis on risk management strategies (including 
farm financial benchmarking), education, and outreach 
specifically targeted at—
681 
‘‘(1) beginning farmers or ranchers; 
‘‘(2) legal immigrant farmers or ranchers that 
are attempting to become established producers in 
the United States; 
‘‘(3) socially disadvantaged farmers or ranch-
ers; and 
‘‘(4) farmers or ranchers that— 
‘‘(A) are preparing to retire; 
‘‘(B) are using transition strategies to help 
new farmers or ranchers get started; and 
‘‘(C) new or established farmers or ranch-
ers that are converting production and mar-
keting systems to pursue new markets. 
‘‘(d) FUNDING.—From the insurance fund estab-
lished under section 516(c), there is transferred for the 
partnerships for risk management education program es-
tablished under subsection (b) $5,000,000 for fiscal year 
2018 and each subsequent fiscal year.’’. 
TITLE XI—MISCELLANEOUS 
Subtitle A—Livestock 
SEC. 11101. ANIMAL DISEASE PREPAREDNESS AND RE-
SPONSE. 
(a) NATIONAL ANIMAL DISEASE PREPAREDNESS 
AND RESPONSE PROGRAM.—The Animal Health Protec-
682 
tion Act is amended by inserting after section 10409A (7 
U.S.C. 8308A) the following new section: 
‘‘SEC. 10409B. NATIONAL ANIMAL DISEASE PREPAREDNESS 
AND RESPONSE PROGRAM. 
‘‘(a) PROGRAM REQUIRED.—The Secretary shall es-
tablish a program, to be known as the ‘National Animal 
Disease Preparedness and Response Program’, to address 
the increasing risk of the introduction and spread of ani-
mal pests and diseases affecting the economic interests of 
the livestock and related industries of the United States, 
including the maintenance and expansion of export mar-
kets. 
‘‘(b) ELIGIBLE ENTITIES.—To carry out the Na-
tional Animal Disease Preparedness and Response Pro-
gram, the Secretary shall offer to enter into cooperative 
agreements, or other legal instruments, with eligible enti-
ties, to be selected by the Secretary, which may include 
any of the following entities, either individually or in com-
bination: 
‘‘(1) A State department of agriculture. 
‘‘(2) The office of the chief animal health offi-
cial of a State. 
‘‘(3) A land-grant college or university or 
NLGCA Institution (as those terms are defined in 
section 1404 of the National Agricultural Research,
683 
Extension, and Teaching Policy Act of 1977 (7 
U.S.C. 3103)). 
‘‘(4) A college of veterinary medicine, including 
a veterinary emergency team at such college. 
‘‘(5) A State or national livestock producer or-
ganization with direct and significant economic in-
terest in livestock production. 
‘‘(6) A State emergency agency. 
‘‘(7) A State, national, allied, or regional veteri-
nary organization or specialty board recognized by 
the American Veterinary Medical Association. 
‘‘(8) An Indian Tribe (as defined in section 4 
of the Indian Self-Determination and Education As-
sistance Act (25 U.S.C. 5304)). 
‘‘(9) A Federal agency. 
‘‘(c) ACTIVITIES.— 
‘‘(1) PROGRAM
ACTIVITIES.—Activities under 
the National Animal Disease Preparedness and Re-
sponse Program shall include, to the extent prac-
ticable, the following: 
‘‘(A) Enhancing animal pest and disease 
analysis and surveillance. 
‘‘(B) Expanding outreach and education.
684 
‘‘(C) Targeting domestic inspection activi-
ties at vulnerable points in the safeguarding 
continuum. 
‘‘(D) Enhancing and strengthening threat 
identification and technology. 
‘‘(E) Improving biosecurity. 
‘‘(F) Enhancing emergency preparedness 
and response capabilities, including training ad-
ditional emergency response personnel. 
‘‘(G) Conducting technology development 
and enhancing electronic sharing of animal 
health data for risk analysis between State and 
Federal animal health officials. 
‘‘(H) Enhancing the development and ef-
fectiveness of animal health technologies to 
treat and prevent animal disease, including— 
‘‘(i) 
veterinary 
biologics 
and 
diagnostics; 
‘‘(ii) animal drugs for minor use and 
minor species; and 
‘‘(iii) animal medical devices. 
‘‘(I) Such other activities as determined 
appropriate by the Secretary, in consultation 
with eligible entities specified in subsection (b).
685 
‘‘(2) PRIORITIES.—In entering into cooperative 
agreements or other legal instruments under sub-
section (b), the Secretary shall give priority to appli-
cations submitted by— 
‘‘(A) a State department of agriculture or 
an office of the chief animal health official of a 
State; or 
‘‘(B) an eligible entity that will carry out 
program activities in a State or region— 
‘‘(i) in which an animal pest or dis-
ease is a Federal concern; or 
‘‘(ii) which the Secretary determines 
has potential for the spread of an animal 
pest or disease after taking into consider-
ation— 
‘‘(I) the agricultural industries in 
the State or region; 
‘‘(II) factors contributing to ani-
mal disease or pest in the State or re-
gion, such as the climate, natural re-
sources, and geography of, and native 
and exotic wildlife species and other 
disease vectors in, the State or region; 
and
686 
‘‘(III) the movement of animals 
in the State or region. 
‘‘(3) CONSULTATION.—For purposes of setting 
priorities under this subsection, the Secretary shall 
consult with eligible entities specified in subsection 
(b). The Federal Advisory Committee Act (5 U.S.C. 
App.) shall not apply to consultation carried out 
under this paragraph. 
‘‘(d) APPLICATION.— 
‘‘(1) IN GENERAL.—An eligible entity specified 
in subsection (b) seeking to enter into a cooperative 
agreement, or other legal instrument, under the Na-
tional Animal Disease Preparedness and Response 
Program shall submit to the Secretary an applica-
tion containing such information as the Secretary 
may require. 
‘‘(2) NOTIFICATION.—The Secretary shall no-
tify each applicant of— 
‘‘(A) the requirements to be imposed on 
the recipient of funds under the Program for 
auditing of, and reporting on, the use of such 
funds; and 
‘‘(B) the criteria to be used to ensure ac-
tivities supported using such funds are based on
687 
sound scientific data or thorough risk assess-
ments. 
‘‘(3) NON-FEDERAL
CONTRIBUTIONS.—When 
deciding whether to enter into an agreement or other 
legal instrument under the Program with an eligible 
entity described in subsection (b), the Secretary— 
‘‘(A) may take into consideration an eligi-
ble entity’s ability to contribute non-Federal 
funds to carry out such a cooperative agree-
ment or other legal instrument under the Pro-
gram; and 
‘‘(B) shall not require such an entity to 
make such a contribution. 
‘‘(e) USE OF FUNDS.— 
‘‘(1) USE CONSISTENT WITH TERMS OF COOP-
ERATIVE
AGREEMENT.—The recipient of funds 
under the National Animal Disease Preparedness 
and Response Program shall use the funds for the 
purposes and in the manner provided in the coopera-
tive agreement, or other legal instrument, under 
which the funds are provided. 
‘‘(2) SUB-AGREEMENT.—Nothing in this section 
prevents an eligible entity from using funds received 
under the Program to enter into sub-agreements 
with political subdivisions of State that have legal
688 
responsibilities relating to animal disease prevention, 
surveillance, or rapid response. 
‘‘(f) REPORTING REQUIREMENT.—Not later than 90 
days after the date of completion of an activity conducted 
using funds provided under the National Animal Disease 
Preparedness and Response Program, the recipient of 
such funds shall submit to the Secretary a report that de-
scribes the purposes and results of the activities.’’. 
(b) NATIONAL ANIMAL HEALTH VACCINE BANK.— 
The Animal Health Protection Act (7 U.S.C. 8301 et seq.) 
is amended by inserting after section 10409B, as added 
by subsection (a), the following new section: 
‘‘SEC. 10409C. NATIONAL ANIMAL HEALTH VACCINE BANK. 
‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
lish a national vaccine bank (to be known as the ‘National 
Animal Health Vaccine Bank’) for the benefit of the do-
mestic interests of the United States and to help protect 
the United States agriculture and food system against ter-
rorist attack, major disaster, and other emergencies. 
‘‘(b) ELEMENTS OF VACCINE BANK.—Through the 
National Animal Health Vaccine Bank, the Secretary 
shall— 
‘‘(1) maintain sufficient quantities of animal 
vaccine, antiviral, therapeutic, or diagnostic products 
to appropriately and rapidly respond to an outbreak
689 
of those animal diseases that would have the most 
damaging effect on human health or the United 
States economy; and 
‘‘(2) leverage, when appropriate, the mecha-
nisms and infrastructure that have been developed 
for the management, storage, and distribution of the 
National Veterinary Stockpile of the Animal and 
Plant Health Inspection Service. 
‘‘(c) PRIORITY FOR RESPONSE TO FOOT AND MOUTH 
DISEASE.—The Secretary shall prioritize the acquisition 
of sufficient quantities of foot and mouth disease vaccine, 
and accompanying diagnostic products, for the National 
Animal Health Vaccine Bank. As part of such 
prioritization, the Secretary shall consider contracting 
with one or more entities that are capable of producing 
foot and mouth disease vaccine and that have surge pro-
duction capacity of the vaccine.’’. 
(c) FUNDING.— 
(1) IN GENERAL.—Section 10417 of the Animal 
Health Protection Act (7 U.S.C. 8316) is amended 
by adding at the end the following new subsection: 
‘‘(d) AVAILABILITY OF FUNDS FOR SPECIFIED PUR-
POSES.— 
‘‘(1) MANDATORY FUNDING.—
690 
‘‘(A) FISCAL YEAR 2019.—Of the funds of 
the Commodity Credit Corporation, the Sec-
retary shall make available for fiscal year 2019 
$250,000,000 to carry out sections 10409A, 
10409B, and 10409C, of which— 
‘‘(i) $30,000,000 shall be made avail-
able to carry out the National Animal 
Health Laboratory Network under section 
10409A; 
‘‘(ii) $70,000,000 shall be made avail-
able to carry out the National Animal Dis-
ease Preparedness and Response Program 
under section 10409B; and 
‘‘(iii) $150,000,000 shall be made 
available to establish and maintain the Na-
tional Animal Health Vaccine Bank under 
section 10409C. 
‘‘(B) SUBSEQUENT FISCAL YEARS.—Of the 
funds of the Commodity Credit Corporation, the 
Secretary shall make available to carry out sec-
tions 
10409A, 
10409B, 
and 
10409C, 
$50,000,000 for each of fiscal years 2020 
through 
2023, 
of 
which 
not 
less 
than 
$30,000,000 shall be made available for each of 
those fiscal years to carry out the National Ani-
691 
mal Disease Preparedness and Response Pro-
gram under section 10409B. 
‘‘(2) ADDITIONAL AUTHORIZATION OF APPRO-
PRIATIONS.—In addition to the funds made available 
under subparagraphs (A)(i) and (B) of paragraph 
(1) and funds authorized to be appropriated by sub-
section (a), there are authorized to be appropriated 
$15,000,000 for each of fiscal years 2019 through 
2023 to carry out the National Animal Health Lab-
oratory Network under section 10409A. 
‘‘(3) ADMINISTRATIVE
COSTS.—Of the funds 
made available under subparagraphs (A)(i), (A)(ii), 
and (B) of paragraph (1) to carry out the National 
Animal Health Laboratory Network under section 
10409A and the National Animal Disease Prepared-
ness and Response Program under section 10409B, 
not more than 4 percent may be retained by the Sec-
retary to pay administrative costs incurred by the 
Secretary. Of the funds made available under sub-
paragraphs (A)(ii) and (B) of such paragraph to 
carry out the National Animal Disease Preparedness 
and Response Program under section 10409B, not 
more than 10 percent may be retained by an eligible 
entity to pay administrative costs incurred by the el-
igible entity to carry out such program.
692 
‘‘(4) DURATION
OF
AVAILABILITY.—Funds 
made available under this subsection, including any 
proceeds credited under paragraph (5), shall remain 
available until expended. 
‘‘(5) PROCEEDS
FROM
VACCINE
SALES.—Any 
proceeds of a sale of vaccine or antigen from the Na-
tional Animal Health Vaccine Bank shall be— 
‘‘(A) deposited into the Treasury of the 
United States; and 
‘‘(B) credited to the account for the oper-
ation of the National Animal Health Vaccine 
Bank to be made available for expenditure with-
out further appropriation. 
‘‘(6) LIMITATIONS ON USE OF FUNDS FOR CER-
TAIN PURPOSES.—Funds made available under the 
National Animal Health Laboratory Network, the 
National Animal Disease Preparedness and Re-
sponse Program, and the National Animal Health 
Vaccine Bank shall not be used for the construction 
of a new building or facility or the acquisition or ex-
pansion of an existing building or facility, including 
site grading and improvement and architect fees.’’. 
(2) CONFORMING AMENDMENTS.— 
(A) SECTION HEADING.—The heading of 
section 10417 of the Animal Health Protection
693 
Act (7 U.S.C. 8316) is amended to read as fol-
lows: 
‘‘SEC. 10417. FUNDING.’’. 
(B) OTHER AMENDMENTS.—Section 10417 
of the Animal Health Protection Act (7 U.S.C. 
8316) is further amended— 
(i) in subsection (a), by striking ‘‘IN 
GENERAL’’ and inserting ‘‘GENERAL AU-
THORIZATION OF APPROPRIATIONS’’; and 
(ii) in subsection (c), by striking ‘‘to 
carry out this subtitle’’ and inserting ‘‘pur-
suant to the authorization of appropria-
tions in subsection (a)’’. 
(3) REPEAL OF SEPARATE AUTHORIZATION OF 
NATIONAL
ANIMAL
HEALTH
LABORATORY
NET-
WORK.—Section 10409A of the Animal Health Pro-
tection Act (7 U.S.C. 8308A(d)) is amended by 
striking subsection (d). 
SEC. 11102. NATIONAL AQUATIC ANIMAL HEALTH PLAN. 
Section 11013(d) of the Food, Conservation, and En-
ergy Act of 2008 (7 U.S.C. 8322(d)) is amended by strik-
ing ‘‘2018’’ and inserting ‘‘2023’’. 
SEC. 11103. VETERINARY TRAINING. 
Section 10504 of the Farm Security and Rural In-
vestment Act of 2002 (7 U.S.C. 8318) is amended—
694 
(1) by inserting ‘‘and veterinary teams, includ-
ing those based at colleges of veterinary medicine,’’ 
after ‘‘veterinarians’’; and 
(2) by inserting before the period at the end the 
following: ‘‘and who are capable of providing effec-
tive services before, during, and after emergencies’’. 
SEC. 11104. REPORT ON FSIS GUIDANCE AND OUTREACH TO 
SMALL MEAT PROCESSORS. 
Not later than one year after the date of the enact-
ment of this Act, the Inspector General of the Department 
of Agriculture shall submit to the Secretary a report on 
the effectiveness of existing Food Safety and Inspection 
Service guidance materials and other tools used by small 
and very small establishments, as defined by regulations 
issued by the Food Safety and Inspection Service, as in 
effect on such date of enactment, including— 
(1) an evaluation of the effectiveness of the out-
reach conducted by the Food Safety and Inspection 
Service to small and very small establishments; 
(2) an evaluation of the effectiveness of the 
guidance materials and other tools used by the Food 
Safety and Inspection Service to assist small and 
very small establishments; 
(3) an evaluation of the responsiveness of Food 
Safety and Inspection Service personnel to inquiries
695 
and issues from small and very small establishments; 
and 
(4) recommendations on measures the Food 
Safety and Inspection Service should take to im-
prove regulatory clarity and consistency and ensure 
all guidance materials and other tools take into ac-
count small and very small establishments. 
SEC. 11105. REGIONAL CATTLE AND CARCASS GRADING 
CORRELATION AND TRAINING CENTERS. 
(a) IN GENERAL.—The Secretary shall establish not 
more than three regional centers, to be known as ‘‘Cattle 
and Carcass Grading Correlation and Training Centers’’ 
(referred to in this section as the ‘‘Centers’’), to provide 
education and training for cattle and carcass beef graders 
of the Agricultural Marketing Service, cattle producers, 
and other professionals involved in the reporting, delivery, 
and grading of feeder cattle, live cattle, and carcasses— 
(1) to limit the subjectivity in the application of 
beef grading standards; 
(2) to provide producers with greater confidence 
in the price of the producers’ cattle; and 
(3) to provide investors with both long and 
short positions more assurance in the cattle delivery 
system.
696 
(b) LOCATION.—The Centers shall be located near 
cattle feeding and slaughter populations and areas shall 
be strategically identified in order to capture regional 
variances in cattle production. 
(c) ADMINISTRATION.—Each Center shall be orga-
nized and administered by offices of the Department of 
Agriculture in operation on the date on which the respec-
tive Center is established, or in coordination with other 
appropriate Federal agencies or academic institutions. 
(d) TRAINING PROGRAM.—The Centers shall offer in-
tensive instructional programs involving classroom and 
field training work for individuals described in subsection 
(a). 
(e) COORDINATION OF RESOURCES.—Each Center, 
in carrying out the functions of the Center, shall make 
use of information generated by the Department of Agri-
culture, the State agricultural extension and research sta-
tions, relevant designated contract markets, and the prac-
tical experience of area cattle producers, especially cattle 
producers cooperating in on-farm demonstrations, correla-
tions, and research projects. 
(f) PROHIBITION ON CONSTRUCTION.—Funds made 
available to carry out this section shall not be used for 
the construction of a new building or facility or the acqui-
sition, expansion, remodeling, or alteration of an existing
697 
building or facility (including site grading and improve-
ment, and architect fees). Notwithstanding the preceding 
sentence, the Secretary may use funds made available to 
carry out this section to provide a Center with payment 
for the cost of the rental of a space determined to be nec-
essary by the Center for conducting training under this 
section and may accept donations (including in-kind con-
tributions) to cover such cost. 
(g) EFFECTIVE DATE.—This section shall take effect 
on October 1, 2018. 
Subtitle 
B—Beginning, 
Socially 
Disadvantaged, 
and 
Veteran 
Producers 
SEC. 11201. OUTREACH AND ASSISTANCE FOR SOCIALLY 
DISADVANTAGED FARMERS AND RANCHERS 
AND VETERAN FARMERS AND RANCHERS. 
Section 2501(a)(4) of the Food, Agriculture, Con-
servation, and Trade Act of 1990 (7 U.S.C. 2279(a)(4)) 
is amended— 
(1) in subparagraph (A)— 
(A) in the heading, by striking ‘‘2018’’ and 
inserting ‘‘2023’’; and 
(B) in clause (iii), by striking ‘‘2018’’ and 
inserting ‘‘2023’’;
698 
(2) by redesignating subparagraph (E) as sub-
paragraph (F); 
(3) by inserting after subparagraph (D) the fol-
lowing new subparagraph: 
‘‘(E) PRIORITY.—In making grants and 
entering into contracts and other agreements 
under this section, the Secretary shall give pri-
ority to projects that— 
‘‘(i) deliver agricultural education to 
youth under the age of 18 in underserved 
and underrepresented communities; 
‘‘(ii) provide youth under the age of 
18 with agricultural employment or volun-
teer opportunities, or both; and 
‘‘(iii) demonstrate experience in pro-
viding such education or opportunities to 
socially disadvantaged youth.’’; and 
(4) in subparagraph (F), as so redesignated, by 
striking ‘‘2018’’ and inserting ‘‘2023’’. 
SEC. 11202. STATE BEGINNING FARMER AND RANCHER CO-
ORDINATOR. 
Section 226 of the Department of Agriculture Reor-
ganization Act of 1994 (7 U.S.C. 6934) is amended by 
adding at the end the following new subsection:
699 
‘‘(i) STATE BEGINNING FARMER AND RANCHER CO-
ORDINATOR.— 
‘‘(1) IN GENERAL.—The Secretary shall des-
ignate a State beginning farmer and rancher coordi-
nator from among existing employees of the Farm 
Service Agency, the Natural Resources Conservation 
Service, the Risk Management Agency, the Rural 
Business-Cooperative Service, and the Rural Utilities 
Service. 
‘‘(2) TRAINING.—The Agency shall coordinate 
the development of a training plan so that each 
State coordinator shall receive sufficient training to 
have a general working knowledge of the programs 
and services available from each agency of the De-
partment to assist beginning farmers and ranchers 
and be familiar with issues relating to beginning 
farmers and ranchers. 
‘‘(3) DUTIES.—The coordinator shall— 
‘‘(A) coordinate technical assistance at the 
State level to help beginning farmers and 
ranchers gain access to programs of the De-
partment; 
‘‘(B) work with outreach coordinators in 
the State offices of the Farm Service Agency, 
the Natural Resources Conservation Service,
700 
the Risk Management Agency, the Rural Busi-
ness-Cooperative Service, and the Rural Utili-
ties Service to ensure appropriate information 
about technical assistance is available at out-
reach events and activities; and 
‘‘(C) work with the Office of Partnerships 
and Public Engagement and regional, state, 
and local offices of the Department to facilitate 
partnerships and joint outreach efforts with 
State regional, state, and local organizations 
and key stakeholders serving beginning farmers 
and ranchers through contracts and cooperative 
agreements.’’. 
SEC. 11203. OFFICE OF PARTNERSHIPS AND PUBLIC EN-
GAGEMENT. 
(a) CHANGING NAME OF OFFICE.— 
(1) IN GENERAL.—Section 226B of the Depart-
ment of Agriculture Reorganization Act of 1994 (7 
U.S.C. 6934) is amended— 
(A) in the section heading, by striking 
‘‘ADVOCACY AND OUTREACH’’ and inserting 
‘‘PARTNERSHIPS
AND
PUBLIC
ENGAGE-
MENT’’; 
(B) by striking ‘‘Advocacy and Outreach’’ 
each place it appears in subsections (a)(2),
701 
(b)(1), and (d)(4)(B) and inserting ‘‘Partner-
ships and Public Engagement’’; 
(2) REFERENCES.—Beginning on the date of 
the enactment of this Act, any reference to the Of-
fice of Advocacy and Outreach established under sec-
tion 226B of the Department of Agriculture Reorga-
nization Act of 1994 (7 U.S.C. 6934) in any other 
provision of Federal law shall be deemed to be a ref-
erence to the Office of Partnerships and Public En-
gagement. 
(b) INCREASING OUTREACH.—Section 226B of the 
Department of Agriculture Reorganization Act of 1994 (7 
U.S.C. 6934), as amended by subsection (a), is further 
amended— 
(1) in subsection (b)(1)— 
(A) in subparagraph (A), by striking 
‘‘and’’ at the end; 
(B) in subparagraph (B)— 
(i) in clause (ii), by striking ‘‘and’’ at 
the end; 
(ii) in clause (iii), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(iii) by adding at the end the fol-
lowing new clauses: 
‘‘(iv) limited resource producers;
702 
‘‘(v) veteran farmers and ranchers; 
and 
‘‘(vi) Tribal farmers and ranchers; 
and’’; and 
(C) by adding at the end the following new 
subparagraph: 
‘‘(C) to promote youth outreach.’’; and 
(2) in subsection (c)— 
(A) in the matter preceding paragraph (1), 
by inserting ‘‘veteran farmers and ranchers, 
Tribal farmers and ranchers,’’ after ‘‘beginning 
farmers or ranchers,’’; 
(B) in paragraph (1), by striking ‘‘or so-
cially disadvantaged’’ and inserting ‘‘socially 
disadvantaged, veteran, or Tribal’’; and 
(C) in paragraph (5), by inserting ‘‘veteran 
farmers or ranchers, Tribal farmers or ranch-
ers,’’ after ‘‘beginning farmers or ranchers,’’. 
(c) AUTHORIZATION OF APPROPRIATIONS.—Section 
226B(f)(3)(B) of the Department of Agriculture Reorga-
nization Act of 1994 (7 U.S.C. 6934(f)(3)(B)) is amended 
by striking ‘‘2018’’ and inserting ‘‘2023’’.
703 
SEC. 11204. OFFICE OF TRIBAL RELATIONS. 
Section 309 of the Federal Crop Insurance Reform 
and Department of Agriculture Reorganization Act of 
1994 (7 U.S.C. 6921) is amended to read as follows: 
‘‘SEC. 309. OFFICE OF TRIBAL RELATIONS. 
‘‘(a) ESTABLISHMENT.—The Secretary shall main-
tain in the Office of Partnerships and Public Engagement 
established under section 226B an Office of Tribal Rela-
tions, which shall advise the Secretary on policies related 
to Indian tribes and carry out such other functions as the 
Secretary considers appropriate. 
‘‘(b) NEW BEGINNINGS INITIATIVE.—Not later than 
one year after the date of the enactment of the Agriculture 
and Nutrition Act of 2018, the Secretary shall establish, 
in consultation with the Office of Tribal Relations, an ini-
tiative (to be known as the ‘New Beginnings Initiative’) 
under which the Secretary shall provide funds to a land- 
grant college or university in an amount equal to the 
amount of funds such land-grant college or university ex-
pends for providing educational programs and services for, 
or tuition paid with respect to, Indians (as defined in sec-
tion 4 of the Indian Self-Determination and Education As-
sistance Act (25 U.S.C. 5304)) at such land-grant college 
or university.’’.
704 
SEC. 11205. COMMISSION ON FARM TRANSITIONS—NEEDS 
FOR 2050. 
(a) ESTABLISHMENT.—There is established a com-
mission to be known as the ‘‘Commission on Farm Transi-
tions–Needs for 2050’’ (referred to in this section as the 
‘‘Commission’’). 
(b) STUDY.—The Commission shall conduct a study 
on issues impacting the transition of agricultural oper-
ations from established farmers and ranchers to the next 
generation of farmers and ranchers, including— 
(1) access to, and availability of— 
(A) quality land and necessary infrastruc-
ture; 
(B) affordable credit; and 
(C) adequate risk management tools; 
(2) agricultural asset transfer strategies in use 
as of the date of the enactment of this Act and im-
provements to such strategies; 
(3) incentives that may facilitate agricultural 
asset transfers to the next generation of farmers and 
ranchers, including recommendations for new Fed-
eral tax policies to facilitate lifetime and estate 
transfers; 
(4) the causes of the failures of such transi-
tions, if any; and
705 
(5) the status of programs and incentives pro-
viding assistance with respect to such transitions in 
effect on the date of the enactment of this Act, and 
opportunities for the revision or modernization of 
such programs. 
(c) MEMBERSHIP.— 
(1) COMPOSITION.—The Commission shall be 
composed of 10 members as follows: 
(A) 3 members appointed by the Secretary. 
(B) 3 members appointed by the Com-
mittee on Agriculture, Nutrition, and Forestry 
of the Senate. 
(C) 3 members appointed by the Com-
mittee on Agriculture of the House of Rep-
resentatives. 
(D) The Chief Economist of the Depart-
ment of Agriculture. 
(2) FEDERAL GOVERNMENT EMPLOYMENT.—In 
addition to the Chief Economist of the Department 
of Agriculture, the membership of the Commission 
may include 1 or more employees of the Department 
of Agriculture or other Federal agencies. 
(3) DATE
OF
APPOINTMENTS.—The appoint-
ment of a member of the Commission shall be made
706 
not later than 60 days after the date of enactment 
of this Act. 
(4) TERM; VACANCIES.— 
(A) TERM.—A member shall be appointed 
for the life of the Commission. 
(B) VACANCIES.—A vacancy on the Com-
mission— 
(i) shall not affect the powers of the 
Commission; and 
(ii) shall be filled in the same manner 
as the original appointment was made. 
(5) INITIAL MEETING.—Not later than 30 days 
after the date on which all members of the Commis-
sion have been appointed, the Commission shall hold 
the initial meeting of the Commission. 
(d) QUORUM.—A majority of the members of the 
Commission shall constitute a quorum for the transaction 
of business, but a lesser number of members may hold 
hearings. 
(e) CHAIRPERSON.—The Secretary shall appoint 1 of 
the members of the Commission to serve as Chairperson 
of the Commission. 
(f) REPORT.—Not later than 1 year after the date 
of enactment of this Act, the Commission shall submit to 
the President, the Committee on Agriculture of the House
707 
of Representatives, and the Committee on Agriculture, 
Nutrition, and Forestry of the Senate a report containing 
the results of the study required by subsection (b), includ-
ing such recommendations as the Commission considers 
appropriate. 
(g) HEARINGS.—The Commission may hold such 
hearings, meet and act at such times and places, take such 
testimony, and receive such evidence as the Commission 
considers advisable to carry out this section. 
(h) INFORMATION FROM FEDERAL AGENCIES.—The 
Commission may secure directly from a Federal agency 
such information as the Commission considers necessary 
to carry out this section. On request of the Chairperson 
of the Commission, the head of the agency shall provide 
the information to the Commission. 
(i) POSTAL SERVICES.—The Commission may use 
the United States mail in the same manner and under the 
same conditions as other agencies of the Federal Govern-
ment. 
(j) ASSISTANCE FROM SECRETARY.—The Secretary 
may provide to the Commission appropriate office space 
and such reasonable administrative and support services 
as the Commission may request. 
(k) COMPENSATION OF MEMBERS.—
708 
(1) NON-FEDERAL EMPLOYEES.—A member of 
the Commission who is not an officer or employee of 
the Federal Government shall be compensated at a 
rate equal to the daily equivalent of the annual rate 
of basic pay prescribed for level IV of the Executive 
Schedule under section 5315 of title 5, United 
States Code, for each day (including travel time) 
during which the member is engaged in the perform-
ance of the duties of the Commission. 
(2) FEDERAL EMPLOYEES.—A member of the 
Commission who is an officer or employee of the 
Federal Government shall serve without compensa-
tion in addition to the compensation received for the 
services of the member as an officer or employee of 
the Federal Government. 
(3) TRAVEL
EXPENSES.—A member of the 
Commission shall be allowed travel expenses, includ-
ing per diem in lieu of subsistence, at rates author-
ized for an employee of an agency under subchapter 
I of chapter 57 of title 5, United States Code, while 
away from the home or regular place of business of 
the member in the performance of the duties of the 
Commission. 
(l) FEDERAL ADVISORY COMMITTEE ACT.—The Fed-
eral Advisory Committee Act (5 U.S.C. App.) shall not
709 
apply to the Commission or any proceeding of the Com-
mission. 
SEC. 11206. AGRICULTURAL YOUTH ORGANIZATION COOR-
DINATOR. 
Subtitle A of the Department of Agriculture Reorga-
nization Act of 1994 is amended by inserting after section 
220 (7 U.S.C. 6920) the following new section: 
‘‘SEC. 221. AGRICULTURAL YOUTH ORGANIZATION COORDI-
NATOR. 
‘‘(a) AUTHORIZATION.—The Secretary shall establish 
in the Department the position of Agricultural Youth Or-
ganization Coordinator. 
‘‘(b) DUTIES.—The Agricultural Youth Organization 
Coordinator shall— 
‘‘(1) promote the role of youth-serving organiza-
tions and school-based agricultural education in mo-
tivating and preparing young people to pursue ca-
reers in the agriculture, food, and natural resources 
systems; 
‘‘(2) work to help build awareness of the reach 
and importance of agriculture, across a diversity of 
fields and disciplines; 
‘‘(3) identify short-term and long-term interests 
of the Department and provide opportunities, re-
sources, input, and coordination with programs and
710 
agencies of the Department to youth-serving organi-
zations and school-based agricultural education, in-
cluding the development of internship opportunities; 
‘‘(4) share, internally and externally, the extent 
to which active steps are being taken to encourage 
collaboration with, and support of, youth-serving or-
ganizations and school-based agricultural education; 
‘‘(5) provide information to young farmers con-
cerning the availability of, and eligibility require-
ments for, participation in agricultural programs, 
with particular emphasis on beginning farmer and 
rancher programs; 
‘‘(6) serve as a resource for assisting young 
farmers in applying for participation in agricultural 
programs; and 
‘‘(7) advocate on behalf of young farmers in 
interactions with employees of the Department. 
‘‘(c) 
CONTRACTS
AND
COOPERATIVE
AGREE-
MENTS.—For purposes of carrying out the duties under 
subsection (b), the Agricultural Youth Organization Coor-
dinator shall consult with the cooperative extension and 
the land-grant university systems, and may enter into con-
tracts or cooperative agreements with the research centers 
of the Agricultural Research Service, cooperative extension
711 
and the land-grant university systems, non-land-grant col-
leges of agriculture, or nonprofit organizations for— 
‘‘(1) the conduct of regional research on the 
profitability of small farms; 
‘‘(2) the development of educational materials; 
‘‘(3) the conduct of workshops, courses, and 
certified vocational training; 
‘‘(4) the conduct of mentoring activities; or 
‘‘(5) the provision of internship opportunities.’’. 
Subtitle C—Textiles 
SEC. 11301. REPEAL OF PIMA AGRICULTURE COTTON 
TRUST FUND. 
Effective December 31, 2018, the Agricultural Act of 
2014 (7 U.S.C. 2101 note; Public Law 113–79) is amend-
ed by striking section 12314 (and by conforming the items 
relating to such section in the table of sections accord-
ingly). 
SEC. 11302. REPEAL OF AGRICULTURE WOOL APPAREL 
MANUFACTURERS TRUST FUND. 
Effective December 31, 2018, the Agricultural Act of 
2014 (7 U.S.C. 2101 note; Public Law 113–79) is amend-
ed by striking section 12315 (and by conforming the items 
relating to such section in the table of sections accord-
ingly).
712 
SEC. 11303. REPEAL OF WOOL RESEARCH AND PROMOTION 
GRANTS FUNDING. 
Effective December 31, 2018, the Agricultural Act of 
2014 (7 U.S.C. 2101 note; Public Law 113–79) is amend-
ed by striking section 12316 (and by conforming the items 
relating to such section in the table of sections accord-
ingly). 
SEC. 11304. TEXTILE TRUST FUND. 
(a) ESTABLISHMENT.—There is established in the 
Treasury of the United States a trust fund, to be known 
as the ‘‘Textile Trust Fund’’, consisting of such amounts 
as may be transferred to the Textile Trust Fund pursuant 
to subsection (e), and to be used for the purposes of— 
(1) reducing the injury to domestic manufactur-
ers resulting from tariffs on cotton fabric that are 
higher than tariffs on certain apparel articles made 
of cotton fabric; 
(2) reducing the injury to domestic manufactur-
ers resulting from tariffs on wool products that are 
higher than tariffs on certain apparel articles made 
of wool products; and 
(3) wool research and promotion. 
(b) DISTRIBUTION OF FUNDS.—From amounts in 
the Textile Trust Fund, the Secretary shall make pay-
ments annually, beginning in calendar year 2019, for each 
of calendar years 2019 through 2023 as follows:
713 
(1) PIMA COTTON.—From amounts specified in 
subsection (e)(2)(A), the Secretary shall make pay-
ments as follows: 
(A) Twenty-five percent of such amounts 
for a calendar year shall be paid to one or more 
nationally recognized associations established 
for the promotion of pima cotton for use in tex-
tile and apparel goods. 
(B) Twenty-five percent of such amounts 
for a calendar year shall be paid to yarn spin-
ners of pima cotton that produce ring spun cot-
ton yarns in the United States, to be allocated 
to each spinner in an amount that bears the 
same ratio as— 
(i) the spinner’s production of ring 
spun cotton yarns, measuring less than 
83.33 decitex (exceeding 120 metric num-
ber) from pima cotton in single and plied 
form during the previous calendar year (as 
evidenced by an affidavit provided by the 
spinner that meets the requirements of 
subsection (c)(1)); bears to 
(ii) the production of the yarns de-
scribed in clause (i) during the previous
714 
calendar year for all spinners who qualify 
under this subparagraph. 
(C) Fifty percent of such amounts for a 
calendar year shall be paid to manufacturers 
who cut and sew cotton shirts in the United 
States who certify that they used imported cot-
ton fabric during the previous calendar year, to 
be allocated to each such manufacturer in an 
amount that bears the same ratio as— 
(i) the dollar value (excluding duty, 
shipping, and related costs) of imported 
woven cotton shirting fabric of 80s or 
higher count and 2-ply in warp purchased 
by the manufacturer during the previous 
calendar year (as evidenced by an affidavit 
provided by the manufacturer that meets 
the requirements of subsection (c)(2)) used 
in the manufacturing of men’s and boys’ 
cotton shirts; bears to 
(ii) the dollar value (excluding duty, 
shipping, and related costs) of the fabric 
described in clause (i) purchased during 
the previous calendar year by all manufac-
turers who qualify under this subpara-
graph.
715 
(2) WOOL
MANUFACTURERS.—From amounts 
specified in subsection (e)(2)(B), the Secretary shall 
make payments as follows: 
(A) To each eligible manufacturer under 
paragraph (3) of section 4002(c) of the Wool 
Suit and Textile Trade Extension Act of 2004 
(Public Law 108–429; 118 Stat. 2600), as 
amended by section 1633(c) of the Miscella-
neous Trade and Technical Corrections Act of 
2006 (Public Law 109–280; 120 Stat. 1166) 
and section 325(b) of the Tax Extenders and 
Alternative Minimum Tax Relief Act of 2008 
(division C of Public Law 110–343; 122 Stat. 
3875), and any successor-in-interest to such a 
manufacturer as provided for under paragraph 
(4) of such section 4002(c), that submits an af-
fidavit in accordance with subsection (c)(3) for 
the year of the payment for calendar years 
2019 through 2023, payments in amounts au-
thorized under that paragraph. 
(B) To each eligible manufacturer under 
paragraph (6) of such section 4002(c) for cal-
endar years 2019 through 2023, payments in 
amounts authorized under that paragraph. 
(c) AFFIDAVITS.—
716 
(1) YARN SPINNERS.—The affidavit required by 
subsection (b)(1)(B)(i) for a calendar year is a nota-
rized affidavit provided by an officer of a producer 
of ring spun yarns that affirms— 
(A) that the producer used pima cotton 
during the year in which the affidavit is filed 
and during the previous calendar year to 
produce ring spun cotton yarns in the United 
States, measuring less than 83.33 decitex (ex-
ceeding 120 metric number), in single and plied 
form; 
(B) the quantity, measured in pounds, of 
ring spun cotton yarns, measuring less than 
83.33 decitex (exceeding 120 metric number), 
in single and plied form during the previous cal-
endar year; and 
(C) that the producer maintains sup-
porting documentation showing the quantity of 
such yarns produced, and evidencing the yarns 
as ring spun cotton yarns, measuring less than 
83.33 decitex (exceeding 120 metric number), 
in single and plied form during the previous cal-
endar year. 
(2) SHIRTING MANUFACTURERS.—
717 
(A) IN GENERAL.—The affidavit required 
by subsection (b)(1)(C)(i) for a calendar year is 
a notarized affidavit provided by an officer of a 
manufacturer of men’s and boys’ shirts that af-
firms— 
(i) that the manufacturer used im-
ported cotton fabric during the year in 
which the affidavit is filed and during the 
previous calendar year, to cut and sew 
men’s and boys’ woven cotton shirts in the 
United States; 
(ii) the dollar value of imported woven 
cotton shirting fabric of 80s or higher 
count and 2-ply in warp purchased by the 
manufacturer during the previous calendar 
year; 
(iii) that the manufacturer maintains 
invoices along with other supporting docu-
mentation (such as price lists and other 
technical descriptions of the fabric quali-
ties) showing the dollar value of such fab-
ric purchased, the date of purchase, and 
evidencing the fabric as woven cotton fab-
ric of 80s or higher count and 2-ply in 
warp; and
718 
(iv) that the fabric was suitable for 
use in the manufacturing of men’s and 
boys’ cotton shirts. 
(B) DATE OF PURCHASE.—For purposes 
of the affidavit under subparagraph (A), the 
date of purchase shall be the invoice date, and 
the dollar value shall be determined excluding 
duty, shipping, and related costs. 
(3) FILING DATE FOR AFFIDAVITS.—Any per-
son required to provide an affidavit under this sec-
tion shall file the affidavit with the Secretary or as 
directed by the Secretary for any of calendar years 
2019 through 2023, not later than March 15 of that 
calendar year. 
(4) INCREASE IN PAYMENTS TO WOOL MANU-
FACTURERS IN CASE OF EXPIRATION OF DUTY SUS-
PENSIONS.— 
(A) IN GENERAL.—In any calendar year in 
which the suspension of duty on wool products 
described in subparagraphs (B) and (C) is not 
in effect, the amount of any payment described 
in subsection (b)(2) to a manufacturer or suc-
cessor-in-interest shall be increased by an 
amount the Secretary, after consultation with 
the Secretary of Commerce, determines is equal
719 
to the amount the manufacturer or successor- 
in-interest would have saved during the cal-
endar year of the payment if the suspension of 
duty on such wool products were in effect. 
(B) SPECIAL RULE FOR CERTAIN FABRICS 
OF WORSTED WOOL.— 
(i) IN
GENERAL.—With respect to 
fabrics of worsted wool described in clause 
(ii), subparagraph (A) shall be applied by 
substituting ‘‘rate of duty on such wool 
products was 10 percent’’ for ‘‘suspension 
of duty on such wool products were in ef-
fect’’. 
(ii) FABRICS OF WORSTED WOOL DE-
SCRIBED.—Fabrics of worsted wool de-
scribed in this paragraph are fabrics of 
worsted wool— 
(I) with average fiber diameters 
greater than 18.5 micron; and 
(II) containing 85 percent or 
more by weight of wool. 
(C) COVERED
WOOL
PRODUCTS.—Sub-
paragraph (A) applies with respect to the fol-
lowing:
720 
(i) Yarn, of combed wool, not put up 
for retail sale, containing 85 percent or 
more by weight of wool, formed with wool 
fibers having average diameters of 18.5 
micron or less. 
(ii) Wool fiber, waste, garnetted stock, 
combed wool, or wool top, the foregoing 
having average fiber diameters of 18.5 mi-
cron or less. 
(iii) Fabrics of combed wool, con-
taining 85 percent or more by weight of 
wool, with wool yarns of average fiber di-
ameters of 18.5 micron or less, certified by 
the importer as suitable for use in making 
men’s and boys’ suits, suit-type jackets, or 
trousers and must be imported for the ben-
efit of persons who cut and sew such cloth-
ing in the United States. 
(iv) Fabrics of combed wool, con-
taining 85 percent or more by weight of 
wool, with wool yarns of average fiber di-
ameters of 18.5 micron or less, certified by 
the importer as suitable for use in making 
men’s and boys’ suits, suit-type jackets, or 
trousers and must be imported for the ben-
721 
efit of persons who weave worsted wool 
fabric suitable for use in such clothing in 
the United States. 
(D) NO APPEAL OF DETERMINATIONS.—A 
determination of the Secretary under this para-
graph shall be final and not subject to appeal 
or protest. 
(d) TIMING
FOR DISTRIBUTIONS.—The Secretary 
shall make a payment under subsection (b) for each of 
calendar years 2019 through 2023, not later than April 
15 of the year of the payment. 
(e) FUNDING.— 
(1) TRANSFER REQUIRED.—Of the funds of the 
Commodity Credit Corporation, the Secretary shall 
transfer to the Textile Trust Fund $25,250,000 for 
each of calendar years 2019 through 2023. 
(2) ALLOCATION
OF
FUNDS.—Of the funds 
transferred under paragraph (1) for a calendar 
year— 
(A) $8,000,000 shall be available for dis-
tribution under subsection (b)(1); 
(B) $15,000,000 shall be available for dis-
tribution under subsection (b)(2); and 
(C) notwithstanding subsection (f) of sec-
tion 506 of the Trade and Development Act of
722 
2000 (7 U.S.C. 7101 note; Public Law 106– 
200), $2,250,000 shall be available to provide 
grants described in subsection (d) of such sec-
tion. 
(3) SHEEP PRODUCTION AND MARKETING.—In 
addition to funds made available under paragraph 
(1), of the funds of the Commodity Credit Corpora-
tion, the Secretary shall use to carry out section 209 
of the Agricultural Marketing Act of 1946 (7 U.S.C. 
1627a), $2,000,000 for fiscal year 2019, to remain 
available until expended. 
(4) DURATION
OF
AVAILABILITY.—Amounts 
transferred to the Textile Trust Fund pursuant to 
this subsection shall remain available until expended. 
Subtitle D—United States Grain 
Standards Act 
SEC. 11401. RESTORING CERTAIN EXCEPTIONS TO UNITED 
STATES GRAIN STANDARDS ACT. 
(a) IN GENERAL.—Grain handling facilities described 
in subsection (b) may, on or before the date that is 180 
days after the date of the enactment of this Act, restore 
a prior exception with an official agency designated under 
the rule entitled ‘‘Exceptions to Geographic Areas for Offi-
cial Agencies Under the USGSA’’ published by the De-
723 
partment of Agriculture in the Federal Register on April 
18, 2003 (68 Fed. Reg. 19137) if— 
(1) such grain handling facility and official 
agency agree to restore such prior exception; and 
(2) such grain handling facility notifies the Sec-
retary of Agriculture of— 
(A) the exception described in paragraph 
(1); and 
(B) the effective date of such exception. 
(b) ELIGIBLE GRAIN HANDLING FACILITIES.—Sub-
section (a) shall apply with respect to grain handling fa-
cilities that were— 
(1) granted exceptions pursuant to the rule 
specified in subsection (a); and 
(2) had such exceptions revoked on or after 
September 30, 2015. 
(c) NO UNILATERAL TERMINATION ALLOWED.—Be-
ginning on the date of the enactment of this Act, a nonuse 
of service exception may only be terminated if two or more 
parties to such exception, including the grain handling fa-
cility, are in joint agreement with respect to such termi-
nation.
724 
Subtitle E—Noninsured Crop 
Disaster Assistance Program 
SEC. 11501. ELIGIBLE CROPS. 
Section 196(a)(2) of the Federal Agriculture Im-
provement and Reform Act of 1996 (7 U.S.C. 7333(a)(2)) 
is amended by striking subparagraph (A) and inserting 
the following new subparagraph: 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), in this section, the term ‘eligible 
crop’ means each commercial crop or other ag-
ricultural commodity that is produced for food 
or fiber (except livestock) for which catastrophic 
risk protection under subsection (b) of section 
508 of the Federal Crop Insurance Act (7 
U.S.C. 1508) and additional coverage under 
subsections (c) and (h) of such section are not 
available or, if such coverage is available, it is 
only available under a policy that provides cov-
erage for specific intervals based on weather in-
dexes or under a whole farm plan of insur-
ance.’’. 
SEC. 11502. SERVICE FEE. 
Section 196(k)(1) of the Federal Agriculture Im-
provement and Reform Act of 1996 (7 U.S.C. 7333(k)(1)) 
is amended—
725 
(1) in subparagraph (A), by striking ‘‘$250’’ 
and inserting ‘‘$350’’; and 
(2) in subparagraph (B)— 
(A) by striking ‘‘$750’’ and inserting 
‘‘$1,050’’; and 
(B) by striking ‘‘$1,875’’ and inserting 
‘‘$2,100’’. 
SEC. 11503. PAYMENTS EQUIVALENT TO ADDITIONAL COV-
ERAGE. 
(a) PREMIUMS.—Section 196(l)(2)(B)(i) of the Fed-
eral Agriculture Improvement and Reform Act of 1996 (7 
U.S.C. 7333(l)(2)(B)(i)) is amended— 
(1) by striking ‘‘and’’ at the end of subclause 
(IV); 
(2) by striking ‘‘or’’ at the end of subclause (V) 
and inserting ‘‘and’’; and 
(3) by adding at the end the following new sub-
clause: 
‘‘(VI) the producer’s share of the 
crop; or’’. 
(b) ADDITIONAL AVAILABILITY OF COVERAGE.—Sec-
tion 196(l) of the Federal Agriculture Improvement and 
Reform Act of 1996 (7 U.S.C. 7333(l)) is amended— 
(1) by striking paragraph (3); and
726 
(2) by redesignating paragraphs (4) and (5) as 
paragraphs (3) and (4), respectively. 
(c) PERIOD OF AVAILABILITY.—Paragraph (4) of 
section 196(l) of the Federal Agriculture Improvement 
and Reform Act of 1996 (7 U.S.C. 7333(l)), as redesig-
nated by subsection (b)(2), is amended— 
(1) by striking ‘‘Except as provided in para-
graph (3)(A), additional’’ and inserting ‘‘Addi-
tional’’; and 
(2) by striking ‘‘2018’’ and inserting ‘‘2023’’. 
Subtitle F—Other Matters 
SEC. 11601. UNDER SECRETARY OF AGRICULTURE FOR 
FARM PRODUCTION AND CONSERVATION. 
(a) REFERENCES TO FORMER UNDER SECRETARY 
OF AGRICULTURE FOR FARM AND FOREIGN AGRICUL-
TURAL SERVICES.— 
(1) FOOD AID CONSULTATIVE GROUP.—Section 
205(b) of the Food for Peace Act (7 U.S.C. 
1725(b)) is amended by striking paragraph (2) and 
inserting the following new paragraph: 
‘‘(2) the Under Secretary of Agriculture for 
Trade and Foreign Agricultural Affairs;’’. 
(2) OFFICE
OF
RISK
MANAGEMENT.—Section 
226A(d)(1) of the Department of Agriculture Reor-
ganization Act of 1994 (7 U.S.C. 6933(d)(1)) is
727 
amended by striking ‘‘Under Secretary of Agri-
culture for Farm and Foreign Agricultural Services’’ 
and inserting ‘‘Under Secretary of Agriculture for 
Farm Production and Conservation’’. 
(3) 
MULTIAGENCY
TASK
FORCE.—Section 
242(b)(3) of the Department of Agriculture Reorga-
nization Act of 1994 (7 U.S.C. 6952(b)(3)) is 
amended by striking ‘‘Under Secretary for Farm 
and Foreign Agricultural Services’’ and inserting 
‘‘Under Secretary of Agriculture for Trade and For-
eign Agricultural Affairs’’. 
(4) INTERAGENCY
COMMITTEE
ON
MINORITY 
CAREERS
IN
INTERNATIONAL
AFFAIRS.—Section 
625(c)(1)(A) of the Higher Education Act of 1965 
(20 U.S.C. 1131c(c)(1)(A)) is amended by striking 
‘‘Under Secretary for Farm and Foreign Agricul-
tural Services’’ and inserting ‘‘Under Secretary of 
Agriculture for Trade and Foreign Agricultural Af-
fairs’’. 
(b) REFERENCES TO OTHER DESIGNATED DEPART-
MENT OFFICIALS.— 
(1) DEFINITIONS UNDER CONSOLIDATED FARM 
AND
RURAL
DEVELOPMENT
ACT.—Section 
343(a)(13)(D) of the Agricultural Act of 1961 (7 
U.S.C. 1991(a)(13)(D)) is amended—
728 
(A) in clause (ii)— 
(i) by inserting ‘‘(or other official des-
ignated by the Secretary)’’ after ‘‘Under 
Secretary for Rural Development’’; and 
(ii) by inserting ‘‘or designated offi-
cial’’ after ‘‘Under Secretary’’ each other 
place it appears; and 
(B) in clause (iii)— 
(i) by inserting ‘‘(or other official des-
ignated by the Secretary)’’ after ‘‘Under 
Secretary for Rural Development’’; and 
(ii) in subclauses (III) and (IV), by 
inserting ‘‘or designated official’’ after 
‘‘Under Secretary’’ both places it appears. 
(2) NATIONAL SHEEP INDUSTRY IMPROVEMENT 
CENTER.—Section 210(f)(3)(B)(i) of the Agricul-
tural 
Marketing 
Act 
of 
1946 
(7 
U.S.C. 
1627b(f)(3)(B)(i)) is amended by inserting ‘‘(or 
other official designated by the Secretary of Agri-
culture)’’ after ‘‘Under Secretary of Agriculture for 
Rural Development’’. 
(3) INTERTRIBAL
TOURISM
DEMONSTRATION 
PROJECTS.—Section 6(a)(2)(A) of the Native Amer-
ican Business Development, Trade Promotion, and 
Tourism Act of 2000 (25 U.S.C. 4305(a)(2)(A)) is
729 
amended by inserting ‘‘(or other official designated 
by the Secretary of Agriculture)’’ after ‘‘Under Sec-
retary of Agriculture for Rural Development’’. 
(4) STATE PLANS FOR VOCATIONAL REHABILI-
TATION
SERVICES.—Section 101(a)(11)(C) of the 
Rehabilitation 
Act 
of 
1973 
(29 
U.S.C. 
721(a)(11)(C)) is amended by inserting ‘‘(or other 
official designated by the Secretary of Agriculture)’’ 
after ‘‘Under Secretary for Rural Development of 
the Department of Agriculture’’. 
SEC. 11602. AUTHORITY OF SECRETARY TO CARRY OUT 
CERTAIN PROGRAMS UNDER DEPARTMENT 
OF AGRICULTURE REORGANIZATION ACT OF 
1994. 
Section 296(b)(8) of the Department of Agriculture 
Reorganization Act of 1994 (7 U.S.C. 7014(b)(8)) is 
amended by inserting ‘‘, section 772 of the Agriculture, 
Rural Development, Food and Drug Administration, and 
Related Agencies Appropriations Act, 2018, or the Agri-
culture and Nutrition Act of 2018’’ before the period at 
the end.
730 
SEC. 11603. CONFERENCE REPORT REQUIREMENT THRESH-
OLD. 
Section 14208(a)(3)(A) of the Food, Conservation, 
and Energy Act of 2008 (7 U.S.C. 2255b(a)(3)(A)) is 
amended by striking ‘‘$10,000’’ and inserting ‘‘$75,000’’. 
SEC. 11604. NATIONAL AGRICULTURE IMAGERY PROGRAM. 
(a) IN GENERAL.—The Secretary of Agriculture, act-
ing through the Administrator of the Farm Service Agen-
cy, shall carry out a national agriculture imagery program 
to annually acquire aerial imagery during agricultural 
growing seasons from the continental United States. 
(b) DATA.—The aerial imagery acquired under this 
section shall— 
(1) consist of high resolution processed digital 
imagery; 
(2) be made available in a format that can be 
provided to Federal, State, and private sector enti-
ties; 
(3) 
be 
technologically 
compatible 
with 
geospatial information technology; and 
(4) be consistent with the standards established 
by the Federal Geographic Data Committee. 
(c) SUPPLEMENTAL SATELLITE IMAGERY.—The Sec-
retary of Agriculture may supplement the aerial imagery 
collected under this section with satellite imagery.
731 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$23,000,000 for fiscal year 2019 and each fiscal year 
thereafter. 
SEC. 11605. REPORT ON INCLUSION OF NATURAL STONE 
PRODUCTS IN COMMODITY PROMOTION, RE-
SEARCH, AND INFORMATION ACT OF 1996. 
Not later than 180 days after the date of the enact-
ment of this Act, the Secretary of Agriculture shall submit 
to the Committee on Agriculture of the House of Rep-
resentatives a report examining the effect the establish-
ment of a Natural Stone Research and Promotion Board 
pursuant to the Commodity Promotion, Research, and In-
formation Act of 1996 (7 U.S.C. 7401 et seq.) would have 
on the natural stone industry, including how such a pro-
gram would effect— 
(1) research conducted on, and the promotion 
of, natural stone; 
(2) the development and expansion of domestic 
markets for natural stone; 
(3) economic activity of the natural stone indus-
try subject to such a Board; 
(4) economic development in rural areas; and 
(5) benefits to consumers in the United States 
of natural stone products.
732 
SEC. 11606. SOUTH CAROLINA INCLUSION IN VIRGINIA/ 
CAROLINA PEANUT PRODUCING REGION. 
Section 1308(c)(2)(B)(iii) of the Farm Security and 
Rural 
Investment 
Act 
of 
2002 
(7 
U.S.C. 
7958(c)(2)(B)(iii)) is amended by striking ‘‘Virginia and 
North Carolina’’ and inserting ‘‘Virginia, North Carolina, 
and South Carolina’’. 
SEC. 11607. ESTABLISHMENT OF FOOD LOSS AND WASTE 
REDUCTION LIAISON. 
Subtitle A of the Department of Agriculture Reorga-
nization Act of 1994 (7 U.S.C. 6901 et seq.), as amended 
by section 11204, is further amended by adding at the 
end the following: 
‘‘SEC. 222. FOOD LOSS AND WASTE REDUCTION LIAISON. 
‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
lish within the Office of the Secretary a Food Loss and 
Waste Reduction Liaison to coordinate Federal programs 
to measure and reduce the incidence of food loss and waste 
in accordance with this section. 
‘‘(b) DUTIES.—The Food Loss and Waste Reduction 
Liaison shall— 
‘‘(1) coordinate food loss and waste reduction 
efforts with other Federal agencies, including the 
Environmental Protection Agency and the Food and 
Drug Administration;
733 
‘‘(2) support and promote Federal programs to 
measure and reduce the incidence of food loss and 
waste and increase food recovery; 
‘‘(3) provide information to, and serve as a re-
source for, entities engaged in food loss and waste 
reduction and food recovery concerning the avail-
ability of, and eligibility requirements for, participa-
tion in Federal programs; 
‘‘(4) raise awareness of the liability protections 
afforded under the Bill Emerson Good Samaritan 
Food Donation Act (42 U.S.C. 1791) to persons en-
gaged in food loss and waste reduction and food re-
covery; and 
‘‘(5) make recommendations with respect to ex-
panding food recovery efforts and reducing the inci-
dence of food loss and waste. 
‘‘(c) COOPERATIVE AGREEMENTS.—For purposes of 
carrying out the duties under subsection (b), the Food 
Loss and Waste Reduction Liaison may enter into con-
tracts or cooperative agreements with the research centers 
of the Research, Education, and Economics mission area, 
institutions of higher education (as defined in section 101 
of the Higher Education Act of 1965 (20 U.S.C. 1001)), 
or nonprofit organizations for— 
‘‘(1) the development of educational materials;
734 
‘‘(2) the conduct of workshops and courses; or 
‘‘(3) the conduct of research on best practices 
with respect to food loss and waste reduction and 
food recovery.’’. 
SEC. 11608. ESTABLISHMENT OF FOOD ACCESS LIAISON. 
(a) IN GENERAL.—Subtitle A of the Department of 
Agriculture Reorganization Act of 1994 (7 U.S.C. 6901 
et seq.), as amended by sections 11204 and 11607, is 
amended by adding at the end the following: 
‘‘SEC. 223. FOOD ACCESS LIAISON. 
‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
lish the position of Food Access Liaison to coordinate De-
partment programs to reduce barriers to food access and 
monitor and evaluate the progress of such programs in 
accordance with this section. 
‘‘(b) DUTIES.—The Food Access Liaison shall— 
‘‘(1) coordinate the efforts of the Department, 
including regional offices, to experiment and con-
sider programs and policies aimed at reducing bar-
riers to food access for consumers, including but not 
limited to participants in nutrition assistance pro-
grams; 
‘‘(2) provide outreach to entities engaged in ac-
tivities to reduce barriers to food access in accord-
735 
ance with the statutory authorization for each pro-
gram; 
‘‘(3) provide outreach to entities engaged in ac-
tivities to reduce barriers to food access, including 
retailers, markets, producers, and others involved in 
food production and distribution, with respect to the 
availability of, and eligibility for, Department pro-
grams; 
‘‘(4) raise awareness of food access issues in 
interactions with employees of the Department; 
‘‘(5) make recommendations to the Secretary 
with respect to efforts to reduce barriers to food ac-
cess; and 
‘‘(6) submit to Congress an annual report with 
respect to the efforts of the Department to reduce 
barriers to food access.’’. 
(b) TECHNICAL ASSISTANCE.—The Secretary shall 
provide technical assistance to entities that are partici-
pants, or seek to participate, in Department of Agriculture 
programs related to reduction of barriers to food access. 
SEC. 11609. COTTON CLASSIFICATION SERVICES. 
Section 3a of the Act of March 3, 1927 (7 U.S.C. 
473a), is amended— 
(1) by redesignating subsection (g) as sub-
section (h); and
736 
(2) by inserting after subsection (f) the fol-
lowing new subsection: 
‘‘(g) HIRING
AUTHORITY.—Notwithstanding any 
other provision of law, employees hired to provide cotton 
classification services pursuant to this section may work 
up to 240 calendar days in a service year and may be 
rehired non-competitively every year in the same or a suc-
cessor position if they meet performance and conduct ex-
pectations, as determined by the Secretary.’’. 
SEC. 11610. CENTURY FARMS PROGRAM. 
The Secretary shall establish a program under which 
the Secretary recognizes any farm that— 
(1) a State department of agriculture or similar 
statewide agricultural organization recognizes as a 
Century Farm; or 
(2)(A) is defined as a farm or ranch under sec-
tion 4284.902 of title 7, Code of Federal Regula-
tions (as in effect on the date of enactment of this 
Act); 
(B) has been in continuous operation for at 
least 100 years; and 
(C) has been owned by the same family for at 
least 100 consecutive years, as verified through 
deeds, wills, abstracts, tax statements, or other simi-
737 
lar legal documents considered appropriate by the 
Secretary. 
SEC. 11611. REPORT ON AGRICULTURAL INNOVATION. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Agri-
culture, in consultation with the Administrator of the En-
vironmental Protection Agency and the Commissioner of 
the Food and Drug Administration, shall prepare and sub-
mit a report to the Committee on Agriculture of the House 
of Representatives and the Committee on Agriculture, Nu-
trition, and Forestry of the Senate on plans for improving 
the Federal government’s policies and procedures with re-
spect to gene editing and other precision plant breeding 
methods. 
(b) CONTENT.—The report under subsection (a) shall 
include plans to implement measures designed to ensure 
that— 
(1) the United States continues to provide a fa-
vorable environment for research and development in 
precision plant breeding innovation and maintains 
its leadership with respect to that innovation; 
(2) for plants for which premarket review is re-
quired under the Plant Protection Act (7 U.S.C. 
7701 et seq.), the Federal Insecticide, Fungicide, 
and Rodenticide Act (7 U.S.C. 136), or the Federal
738 
Food, Drug, and Cosmetic Act, the process for such 
review is designed— 
(A) to minimize regulatory burden while 
assuring protection of public health and wel-
fare; and 
(B) to ensure that resources of the Depart-
ment of Agriculture are focused on plants with 
less familiar characteristics, more complex risk 
pathways, or both; 
(3) each agency referred to in subsection (a) 
recognizes that certain applications of gene editing 
in plants do not warrant such a premarket review 
process; 
(4) each agency referred to in subsection (a) 
clearly communicates the rationale for the regulatory 
policies and decisions of such agency to the public 
through broadly available and easily accessible tools; 
(5) categories of plants that are familiar and 
have a history of safe use be identified and exempted 
from such premarket review or be subject to an ex-
pedited, independent premarket review process for 
which data requirements are reduced; 
(6) regulatory processes of each agency referred 
to in subsection (a) are predictable, efficient, not du-
739 
plicative, and designed to accommodate rapid ad-
vances in plant breeding technology; and 
(7) where Federal law provides for regulatory 
oversight of plant breeding technology by more than 
one Federal agency, the relevant Federal agencies 
enter into appropriate interagency agreements to 
shift responsibility for particular categories of plant 
products and regulatory activities for purposes of 
meeting the goals specified in paragraphs (1) 
through (6). 
SEC. 11612. REPORT ON DOG IMPORTATION. 
Not later than 180 days after the date of the enact-
ment of this Act, the Secretary of Agriculture, in consulta-
tion with the Secretary of Commerce, the Secretary of 
Health and Human Services, and the Secretary of Home-
land Security, shall submit to the Committee on Agri-
culture of the House of Representatives and the Com-
mittee on Agriculture, Nutrition, and Forestry of the Sen-
ate a report that contains the following information, with 
respect to the importation of dogs into the United States: 
(1) An estimate of the number of dogs so im-
ported each year. 
(2) The number of dogs so imported for resale. 
(3) The number of dogs for which such impor-
tation for resale was requested but denied because
740 
such importation failed to meet the requirements of 
section 18 of the Animal Welfare Act (7 U.S.C. 
2148). 
(4) The Secretary’s recommendations for Fed-
eral statutory changes determined to be necessary 
for such importation for resale to meet the require-
ments of such section. 
SEC. 11613. PROHIBITION ON SLAUGHTER OF DOGS AND 
CATS FOR HUMAN CONSUMPTION. 
The Animal Welfare Act (7 U.S.C. 2131 et seq.) is 
amended by adding at the end the following new section: 
‘‘SEC. 30. PROHIBITION OF SLAUGHTER OF DOGS AND CATS 
FOR HUMAN CONSUMPTION. 
‘‘(a) PROHIBITION.—No person may— 
‘‘(1) knowingly slaughter a dog or cat for 
human consumption; or 
‘‘(2) knowingly ship, transport, move, deliver, 
receive, possess, purchase, sell, or donate— 
‘‘(A) a dog or cat to be slaughtered for 
human consumption; or 
‘‘(B) dog or cat parts for human consump-
tion. 
‘‘(b) PENALTY.—Any person who violates this section 
shall be subject to imprisonment for not more than 1 year, 
or a fine of not more than $2,500, or both.
741 
‘‘(c) SCOPE.—Subsection (a) shall apply only with re-
spect to conduct in or affecting interstate or foreign com-
merce or within the special maritime and territorial juris-
diction of the United States. 
‘‘(d) CONFLICT WITH STATE LAW.—This section 
shall not be construed to limit any State or local law or 
regulations protecting the welfare of animals or to prevent 
a State or local governing body from adopting and enforc-
ing animal welfare laws and regulations that are more 
stringent than this section.’’. 
SEC. 11614. CONSIDERATION OF THE TOTALITY OF CON-
SERVATION MEASURES. 
Section 7(b)(3) of the Endangered Species Act of 
1973 (16 U.S.C. 1536(b)(3)) is amended by adding at the 
end the following: 
‘‘(C) In determining whether a Federal 
agency action is likely to jeopardize the contin-
ued existence of any endangered species or 
threatened species or result in the destruction 
or adverse modification of the critical habitat of 
a species, the Secretary shall consider the off-
setting effects of all avoidance, minimization, 
and other species-protection or conservation 
measures that are already in place or proposed 
to be implemented as part of the action, includ-
742 
ing the development, improvement, protection, 
or management of species habitat whether or 
not it is designated as critical habitat of such 
species.’’. 
SEC. 11615. DEPREDATION PERMITS FOR BLACK VUL-
TURES. 
(a) IN GENERAL.—The Secretary of the Interior, in 
conjunction with the Director of the United States Fish 
and Wildlife Service, may issue depredation permits to 
livestock farmers, authorizing takings of black vultures 
otherwise prohibited by Federal law to prevent such vul-
tures from taking livestock during the calving season. 
(b) LIMITED TO AFFECTED STATES OR REGIONS.— 
The Secretary may issue such permits only to livestock 
farmers in States and regions in which livestock farmers 
are affected by black vultures, as determined by Secretary 
in conjunction with the Director. 
(c) REPORTING.—The Secretary shall require, as a 
condition of such a permit, that the permit holder shall 
report to the appropriate enforcement agencies the takings 
of black vultures under the permit. 
SEC. 11616. EXTENDING PROHIBITION ON ANIMAL FIGHT-
ING TO THE TERRITORIES. 
(a) IN GENERAL.—Section 26 of the Animal Welfare 
Act (7 U.S.C. 2156) is amended—
743 
(1) in subsection (a)— 
(A) in paragraph (1), by striking ‘‘Except 
as provided in paragraph (3), it’’ and inserting 
‘‘It’’; and 
(B) by striking paragraph (3); 
(2) by striking subsection (d); and 
(3) by redesignating subsections (e), (f), (g), 
(h), (i), and (j) as subsections (d), (e), (f), (g), (h), 
and (i), respectively. 
(b) USE OF POSTAL SERVICE OR OTHER INTER-
STATE INSTRUMENTALITIES.—Section 26(c) of the Ani-
mal Welfare Act (7 U.S.C. 2156(c)) is amended by strik-
ing ‘‘(e)’’ and inserting ‘‘(d)’’. 
(c) CRIMINAL PENALTIES.—Subsection (i) of section 
26 of the Animal Welfare Act (7 U.S.C. 2156), as redesig-
nated by section 2(3), is amended by striking ‘‘(e)’’ and 
inserting ‘‘(d)’’. 
(d) ENFORCEMENT OF ANIMAL FIGHTING PROHIBI-
TIONS.—Section 49(a) of title 18, United States Code, is 
amended by striking ‘‘(e)’’ and inserting ‘‘(d)’’. 
SEC. 11617. WATERS OF THE UNITED STATES RULE. 
The final rule issued by the Administrator of the En-
vironmental Protection Agency and the Secretary of the 
Army entitled ‘‘Clean Water Rule: Definition of ‘Waters 
of the United States’ ’’, published on June 29, 2015 (80
744 
Fed. Reg. 37054), is repealed, and any regulation or pol-
icy revised under, or otherwise affected as a result of, that 
rule shall be applied as if that rule had not been issued. 
Subtitle G—Protecting Interstate 
Commerce 
SEC. 11701. PROHIBITION AGAINST INTERFERENCE BY 
STATE AND LOCAL GOVERNMENTS WITH 
PRODUCTION OR MANUFACTURE OF ITEMS 
IN OTHER STATES. 
(a) IN GENERAL.—Consistent with article I, section 
8, clause 3 of the Constitution of the United States, the 
government of a State or locality therein shall not impose 
a standard or condition on the production or manufacture 
of any agricultural product sold or offered for sale in inter-
state commerce if— 
(1) such production or manufacture occurs in 
another State; and 
(2) the standard or condition is in addition to 
the standards and conditions applicable to such pro-
duction or manufacture pursuant to— 
(A) Federal law; and 
(B) the laws of the State and locality in 
which such production or manufacture occurs. 
(b) AGRICULTURAL PRODUCT DEFINED.—In this 
section, the term ‘‘agricultural product’’ has the meaning
745 
given such term in section 207 of the Agricultural Mar-
keting Act of 1946 (7 U.S.C. 1626). 
SEC. 11702. FEDERAL CAUSE OF ACTION TO CHALLENGE 
STATE REGULATION OF INTERSTATE COM-
MERCE. 
(a) PRIVATE RIGHT OF ACTION.—A person, includ-
ing a producer, transporter, distributer, consumer, la-
borer, trade association, the Federal Government, a State 
government, or a unit of local government, which is af-
fected by a regulation of a State or unit of local govern-
ment which regulates any aspect of an agricultural prod-
uct, including any aspect of the method of production, 
which is sold in interstate commerce, or any means or in-
strumentality through which such an agriculture product 
is sold in interstate commerce, may bring an action in the 
appropriate court to invalidate such a regulation and seek 
damages for economic loss resulting from such regulation. 
(b) PRELIMINARY INJUNCTION.—Upon a motion of 
the plaintiff, the court shall issue a preliminary injunction 
to preclude the State or unit of local government from en-
forcing the regulation at issue until such time as the court 
enters a final judgment in the case, unless the State or 
unit of local government proves by clear and convincing 
evidence that—
746 
(1) the State or unit of local government is like-
ly to prevail on the merits at trial; and 
(2) the injunction would cause irreparable harm 
to the State or unit of local government. 
(c) STATUTE OF LIMITATIONS.—No action shall be 
maintained under this section unless it is commenced 
within 10 years after the cause of action arose. 
Passed the House of Representatives June 21, 2018. 
Attest: 
Clerk.
115TH CONGRESS 
2D SESSION 
H. R. 2 
AN ACT 
To provide for the reform and continuation of agri-
cultural and other programs of the Department 
of Agriculture through fiscal year 2023, and for 
other purposes.