H. R. 2419—405 
manner that ensures no storage fees are paid by the 
Commodity Credit Corporation in the administration 
of this section. 
‘‘(ii) EXCEPTION.—Clause (i) shall not apply with 
respect to any commodities owned and held in inven-
tory by the Commodity Credit Corporation (accumu-
lated pursuant to the program authorized under section 
156 of the Federal Agriculture Improvement and 
Reform Act (7 U.S.C. 7272)). 
‘‘(C) OPTION TO PREVENT STORAGE FEES.— 
‘‘(i) IN GENERAL.—The Secretary may enter into 
contracts with bioenergy producers to sell eligible 
commodities to such producers prior in time to entering 
into contracts with eligible entities to purchase the 
eligible commodities to be used to satisfy the contracts 
entered into with the bioenergy producers. 
‘‘(ii) SPECIAL
TRANSFER
RULE.—If the Secretary 
makes a sale and purchase referred to in clause (i), 
the Secretary shall ensure that the bioenergy producer 
that purchased eligible commodities takes possession 
of such commodities within 30 calendar days of the 
date the Commodity Credit Corporation purchases the 
eligible commodities. 
‘‘(5) RELATION TO OTHER LAWS.—If sugar that is subject 
to a marketing allotment under part VII of subtitle B of title 
III of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359aa 
et seq.) is the subject of a payment under this section, the 
sugar shall be considered marketed and shall count against 
a processor’s allocation of an allotment under such part, as 
applicable. 
‘‘(6) FUNDING.—The Secretary shall use the funds, facilities, 
and authorities of the Commodity Credit Corporation, including 
the use of such sums as are necessary, to carry out this section. 
‘‘SEC. 9011. BIOMASS CROP ASSISTANCE PROGRAM. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) BCAP.—The term ‘BCAP’ means the Biomass Crop 
Assistance Program established under this section. 
‘‘(2) BCAP PROJECT AREA.—The term ‘BCAP project area’ 
means an area that— 
‘‘(A) has specified boundaries that are submitted to 
the Secretary by the project sponsor and subsequently 
approved by the Secretary; 
‘‘(B) includes producers with contract acreage that will 
supply a portion of the renewable biomass needed by a 
biomass conversion facility; and 
‘‘(C) is physically located within an economically prac-
ticable distance from the biomass conversion facility. 
‘‘(3) CONTRACT
ACREAGE.—The term ‘contract acreage’ 
means eligible land that is covered by a BCAP contract entered 
into with the Secretary. 
‘‘(4) ELIGIBLE CROP.— 
‘‘(A) IN GENERAL.—The term ‘eligible crop’ means a 
crop of renewable biomass. 
‘‘(B) EXCLUSIONS.—The term ‘eligible crop’ does not 
include—
H. R. 2419—406 
‘‘(i) any crop that is eligible to receive payments 
under title I of the Food, Conservation, and Energy 
Act of 2008 or an amendment made by that title; 
or 
‘‘(ii) any plant that is invasive or noxious or has 
the potential to become invasive or noxious, as deter-
mined by the Secretary, in consultation with other 
appropriate Federal or State departments and agen-
cies. 
‘‘(5) ELIGIBLE LAND.— 
‘‘(A) IN
GENERAL.—The term ‘eligible land’ includes 
agricultural and nonindustrial private forest lands (as 
defined in section 5(c) of the Cooperative Forestry Assist-
ance Act of 1978 (16 U.S.C. 2103a(c))). 
‘‘(B) EXCLUSIONS.—The term ‘eligible land’ does not 
include— 
‘‘(i) Federal- or State-owned land; 
‘‘(ii) land that is native sod, as of the date of 
enactment of the Food, Conservation, and Energy Act 
of 2008; 
‘‘(iii) land enrolled in the conservation reserve pro-
gram established under subchapter B of chapter 1 
of subtitle D of title XII of the Food Security Act 
of 1985 (16 U.S.C. 3831 et seq.); 
‘‘(iv) land enrolled in the wetlands reserve program 
established under subchapter C of chapter 1 of subtitle 
D of title XII of that Act (16 U.S.C. 3837 et seq.); 
or 
‘‘(v) land enrolled in the grassland reserve program 
established under subchapter D of chapter 2 of subtitle 
D of title XII of that Act (16 U.S.C. 3838n et seq.). 
‘‘(6) ELIGIBLE MATERIAL.— 
‘‘(A) IN GENERAL.—The term ‘eligible material’ means 
renewable biomass. 
‘‘(B) EXCLUSIONS.—The term ‘eligible material’ does not 
include— 
‘‘(i) any crop that is eligible to receive payments 
under title I of the Food, Conservation, and Energy 
Act of 2008 or an amendment made by that title; 
‘‘(ii) animal waste and byproducts (including fats, 
oils, greases, and manure); 
‘‘(iii) food waste and yard waste; or 
‘‘(iv) algae. 
‘‘(7) PRODUCER.—The term ‘producer’ means an owner or 
operator of contract acreage that is physically located within 
a BCAP project area. 
‘‘(8) PROJECT SPONSOR.—The term ‘project sponsor’ means— 
‘‘(A) a group of producers; or 
‘‘(B) a biomass conversion facility. 
‘‘(b) ESTABLISHMENT AND PURPOSE.—The Secretary shall estab-
lish and administer a Biomass Crop Assistance Program to— 
‘‘(1) support the establishment and production of eligible 
crops for conversion to bioenergy in selected BCAP project 
areas; and 
‘‘(2) assist agricultural and forest land owners and opera-
tors with collection, harvest, storage, and transportation of 
eligible material for use in a biomass conversion facility.
H. R. 2419—407 
‘‘(c) BCAP PROJECT AREA.— 
‘‘(1) IN GENERAL.—The Secretary shall provide financial 
assistance to producers of eligible crops in a BCAP project 
area. 
‘‘(2) SELECTION OF PROJECT AREAS.— 
‘‘(A) IN GENERAL.—To be considered for selection as 
a BCAP project area, a project sponsor shall submit to 
the Secretary a proposal that includes, at a minimum— 
‘‘(i) a description of the eligible land and eligible 
crops of each producer that will participate in the 
proposed BCAP project area; 
‘‘(ii) a letter of commitment from a biomass conver-
sion facility that the facility will use the eligible crops 
intended to be produced in the proposed BCAP project 
area; 
‘‘(iii) evidence that the biomass conversion facility 
has sufficient equity available, as determined by the 
Secretary, if the biomass conversion facility is not oper-
ational at the time the proposal is submitted to the 
Secretary; and 
‘‘(iv) any other appropriate information about the 
biomass conversion facility or proposed biomass conver-
sion facility that gives the Secretary a reasonable 
assurance that the plant will be in operation by the 
time that the eligible crops are ready for harvest. 
‘‘(B) BCAP PROJECT
AREA
SELECTION
CRITERIA.—In 
selecting BCAP project areas, the Secretary shall con-
sider— 
‘‘(i) the volume of the eligible crops proposed to 
be produced in the proposed BCAP project area and 
the probability that such crops will be used for the 
purposes of the BCAP; 
‘‘(ii) the volume of renewable biomass projected 
to be available from sources other than the eligible 
crops grown on contract acres; 
‘‘(iii) the anticipated economic impact in the pro-
posed BCAP project area; 
‘‘(iv) the opportunity for producers and local inves-
tors to participate in the ownership of the biomass 
conversion facility in the proposed BCAP project area; 
‘‘(v) the participation rate by— 
‘‘(I) beginning farmers or ranchers (as defined 
in accordance with section 343(a) of the Consoli-
dated Farm and Rural Development Act (7 U.S.C. 
1991(a))); or 
‘‘(II) 
socially 
disadvantaged 
farmers 
or 
ranchers (as defined in section 2501(e) of the Food, 
Agriculture, Conservation, and Trade Act of 1990 
(7 U.S.C. 2279(e))); 
‘‘(vi) the impact on soil, water, and related 
resources; 
‘‘(vii) the variety in biomass production approaches 
within a project area, including (as appropriate)— 
‘‘(I) agronomic conditions; 
‘‘(II) harvest and postharvest practices; and 
‘‘(III) monoculture and polyculture crop mixes;
H. R. 2419—408 
‘‘(viii) the range of eligible crops among project 
areas; and 
‘‘(ix) any additional information, as determined by 
the Secretary. 
‘‘(3) CONTRACT.— 
‘‘(A) IN GENERAL.—On approval of a BCAP project area 
by the Secretary, each producer in the BCAP project area 
shall enter into a contract directly with the Secretary. 
‘‘(B) MINIMUM TERMS.—At a minimum, contracts shall 
include terms that cover— 
‘‘(i) an agreement to make available to the Sec-
retary, or to an institution of higher education or other 
entity designated by the Secretary, such information 
as the Secretary considers to be appropriate to promote 
the production of eligible crops and the development 
of biomass conversion technology; 
‘‘(ii) compliance with the highly erodible land con-
servation requirements of subtitle B of title XII of 
the Food Security Act of 1985 (16 U.S.C. 3811 et seq.) 
and the wetland conservation requirements of subtitle 
C of title XII of that Act (16 U.S.C. 3821 et seq.); 
‘‘(iii) the implementation of (as determined by the 
Secretary)— 
‘‘(I) a conservation plan; or 
‘‘(II) a forest stewardship plan or an equivalent 
plan; and 
‘‘(iv) any additional requirements the Secretary 
considers appropriate. 
‘‘(C) DURATION.—A contract under this subsection shall 
have a term of up to— 
‘‘(i) 5 years for annual and perennial crops; or 
‘‘(ii) 15 years for woody biomass. 
‘‘(4) RELATIONSHIP TO OTHER PROGRAMS.—In carrying out 
this subsection, the Secretary shall provide for the preservation 
of cropland base and yield history applicable to the land 
enrolled in a BCAP contract. 
‘‘(5) PAYMENTS.— 
‘‘(A) IN GENERAL.—The Secretary shall make establish-
ment and annual payments directly to producers to support 
the establishment and production of eligible crops on con-
tract acreage. 
‘‘(B) AMOUNT
OF
ESTABLISHMENT
PAYMENTS.—The 
amount of an establishment payment under this subsection 
shall be up to 75 percent of the costs of establishing an 
eligible perennial crop covered by the contract, including— 
‘‘(i) the cost of seeds and stock for perennials; 
‘‘(ii) the cost of planting the perennial crop, as 
determined by the Secretary; and 
‘‘(iii) in the case of nonindustrial private forestland, 
the costs of site preparation and tree planting. 
‘‘(C) AMOUNT OF ANNUAL PAYMENTS.— 
‘‘(i) IN GENERAL.—Subject to clause (ii), the amount 
of an annual payment under this subsection shall be 
determined by the Secretary. 
‘‘(ii) REDUCTION.—The Secretary shall reduce an 
annual payment by an amount determined to be appro-
priate by the Secretary, if—
H. R. 2419—409 
‘‘(I) an eligible crop is used for purposes other 
than the production of energy at the biomass 
conversion facility; 
‘‘(II) an eligible crop is delivered to the biomass 
conversion facility; 
‘‘(III) the producer receives a payment under 
subsection (d); 
‘‘(IV) the producer violates a term of the con-
tract; or 
‘‘(V) there are such other circumstances, as 
determined by the Secretary to be necessary to 
carry out this section. 
‘‘(d) ASSISTANCE WITH COLLECTION, HARVEST, STORAGE, AND 
TRANSPORTATION.— 
‘‘(1) IN GENERAL.—The Secretary shall make a payment 
for the delivery of eligible material to a biomass conversion 
facility to— 
‘‘(A) a producer of an eligible crop that is produced 
on BCAP contract acreage; or 
‘‘(B) a person with the right to collect or harvest eligible 
material. 
‘‘(2) PAYMENTS.— 
‘‘(A) COSTS
COVERED.—A payment under this sub-
section shall be in an amount described in subparagraph 
(B) for— 
‘‘(i) collection; 
‘‘(ii) harvest; 
‘‘(iii) storage; and 
‘‘(iv) transportation to a biomass conversion 
facility. 
‘‘(B) AMOUNT.—Subject to paragraph (3), the Secretary 
may provide matching payments at a rate of $1 for each 
$1 per ton provided by the biomass conversion facility, 
in an amount equal to not more than $45 per ton for 
a period of 2 years. 
‘‘(3) LIMITATION ON ASSISTANCE FOR BCAP CONTRACT ACRE-
AGE.—As a condition of the receipt of annual payment under 
subsection (c), a producer receiving a payment under this sub-
section for collection, harvest, storage or transportation of an 
eligible crop produced on BCAP acreage shall agree to a reduc-
tion in the annual payment. 
‘‘(e) REPORT.—Not later than 4 years after the date of enactment 
of the Food, Conservation, and Energy Act of 2008, the Secretary 
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 on the dissemination by the Sec-
retary of the best practice data and information gathered from 
participants receiving assistance under this section. 
‘‘(f) FUNDING.—Of the funds of the Commodity Credit Corpora-
tion, the Secretary shall use to carry out this section such sums 
as are necessary for each of fiscal years 2008 through 2012. 
‘‘SEC. 9012. FOREST BIOMASS FOR ENERGY. 
‘‘(a) IN GENERAL.—The Secretary, acting through the Forest 
Service, shall conduct a competitive research and development pro-
gram to encourage use of forest biomass for energy.
H. R. 2419—410 
‘‘(b) ELIGIBLE ENTITIES.—Entities eligible to compete under the 
program under this section include— 
‘‘(1) the Forest Service (acting through Research and 
Development); 
‘‘(2) other Federal agencies; 
‘‘(3) State and local governments; 
‘‘(4) Indian tribes; 
‘‘(5) land-grant colleges and universities; and 
‘‘(6) private entities. 
‘‘(c) PRIORITY FOR PROJECT SELECTION.—In carrying out this 
section, the Secretary shall give priority to projects that— 
‘‘(1) develop technology and techniques to use low-value 
forest biomass, such as byproducts of forest health treatments 
and hazardous fuels reduction, for the production of energy; 
‘‘(2) develop processes that integrate production of energy 
from forest biomass into biorefineries or other existing manufac-
turing streams; 
‘‘(3) develop new transportation fuels from forest biomass; 
and 
‘‘(4) improve the growth and yield of trees intended for 
renewable energy production. 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to carry out this section $15,000,000 for each 
of fiscal years 2009 through 2012. 
‘‘SEC. 9013. COMMUNITY WOOD ENERGY PROGRAM. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) COMMUNITY WOOD ENERGY PLAN.—The term ‘commu-
nity wood energy plan’ means an assessment of— 
‘‘(A) available feedstocks necessary to supply a commu-
nity wood energy system; and 
‘‘(B) the long-term feasibility of supplying and oper-
ating a community wood energy system. 
‘‘(2) COMMUNITY WOOD ENERGY SYSTEM.— 
‘‘(A) IN GENERAL.—The term ‘community wood energy 
system’ means an energy system that— 
‘‘(i) primarily services public facilities owned or 
operated by State or local governments, including 
schools, town halls, libraries, and other public 
buildings; and 
‘‘(ii) uses woody biomass as the primary fuel. 
‘‘(B) INCLUSIONS.—The term ‘community wood energy 
system’ includes single facility central heating, district 
heating, combined heat and energy systems, and other 
related biomass energy systems. 
‘‘(b) GRANT PROGRAM.— 
‘‘(1) IN GENERAL.—The Secretary, acting through the Chief 
of the Forest Service, shall establish a program to be known 
as the ‘Community Wood Energy Program’ to provide— 
‘‘(A) grants of up to $50,000 to State and local govern-
ments (or designees) to develop community wood energy 
plans; and 
‘‘(B) competitive grants to State and local governments 
to acquire or upgrade community wood energy systems. 
‘‘(2) CONSIDERATIONS.—In selecting applicants for grants 
under paragraph (1)(B), the Secretary shall consider— 
‘‘(A) the energy efficiency of the proposed system;
H. R. 2419—411 
‘‘(B) the cost effectiveness of the proposed system; and 
‘‘(C) other conservation and environmental criteria that 
the Secretary considers appropriate. 
‘‘(3) USE OF PLAN.—A State or local government applying 
to receive a competitive grant described in paragraph (1)(B) 
shall submit to the Secretary as part of the grant application 
the applicable community wood energy plan. 
‘‘(c) LIMITATION.—A community wood energy system acquired 
with grant funds provided under subsection (b)(1)(B) shall not 
exceed an output of— 
‘‘(1) 50,000,000 Btu per hour for heating; and 
‘‘(2) 2 megawatts for electric power production. 
‘‘(d) MATCHING FUNDS.—A State or local government that 
receives a grant under subsection (b) shall contribute an amount 
of non-Federal funds towards the development of the community 
wood energy plan, or acquisition of the community wood energy 
systems that is at least equal to the amount of grant funds received 
by the State or local government under that subsection. 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to carry out this section $5,000,000 for each 
of fiscal years 2009 through 2012.’’. 
(b) CONFORMING AMENDMENT.—The Biomass Research and 
Development Act of 2000 (7 U.S.C. 8601 et seq.) is repealed. 
SEC. 9002. BIOFUELS INFRASTRUCTURE STUDY. 
(a) IN GENERAL.—The Secretary of Agriculture, the Secretary 
of Energy, the Administrator of the Environmental Protection 
Agency, and the Secretary of Transportation (referred to in this 
section as the ‘‘Secretaries’’), shall jointly conduct a study that 
includes— 
(1) an assessment of the infrastructure needs for expanding 
the domestic production, transport, and distribution of biofuels 
given current and likely future market trends; 
(2) recommendations for infrastructure needs and develop-
ment approaches, taking into account cost and other associated 
factors; and 
(3) a report that includes— 
(A) a summary of infrastructure needs; 
(B) an analysis of alternative development approaches 
to meeting the needs described in subparagraph (A), 
including cost, siting, and other regulatory issues; and 
(C) 
recommendations 
for 
specific 
infrastructure 
development actions to be taken. 
(b) SCOPE OF STUDY.— 
(1) IN GENERAL.—In conducting the study described in sub-
section (a), the Secretaries shall address— 
(A) current and likely future market trends for biofuels 
through calendar year 2025; 
(B) current and future availability of feedstocks; 
(C) water resource needs, including water requirements 
for biorefineries; 
(D) shipping and storage needs for biomass feedstock 
and biofuels, including the adequacy of rural roads; and 
(E) modes of transportation and delivery for biofuels 
(including shipment by rail, truck, pipeline or barge) and 
associated infrastructure issues.
H. R. 2419—412 
(2) CONSIDERATIONS.—In addressing the issues described 
in paragraph (1), the Secretaries shall consider— 
(A) the effects of increased tank truck, rail, and barge 
transport on existing infrastructure and safety; 
(B) the feasibility of shipping biofuels through pipelines 
in existence as the date of enactment of this Act; 
(C) the development of new biofuels pipelines, including 
siting, financing, timing, and other economic issues; 
(D) the implications of various biofuel blend levels 
on infrastructure needs; 
(E) the implications of various approaches to infra-
structure development on resource use and conservation; 
(F) regional differences in biofuels infrastructure needs; 
and 
(G) other infrastructure issues, as determined by the 
Secretaries. 
(c) IMPLEMENTATION.—In carrying out this section, the Secre-
taries — 
(1) shall— 
(A) consult with individuals and entities with interest 
or expertise in the areas described in subsection (b); 
(B) to the extent available, use the information devel-
oped and results of the related studies authorized under 
sections 243 and 245 of the Energy Independence and 
Security Act of 2007 (Public Law 110–140; 121 Stat. 1540, 
1546)); and 
(C) submit to Congress the report required under sub-
section (a)(3), including— 
(i) in the Senate— 
(I) the Committee on Agriculture, Nutrition, 
and Forestry ; 
(II) the Committee on Commerce, Science, and 
Transportation; 
(III) the Committee on Energy and Natural 
Resources; and 
(IV) the Committee on Environment and 
Public Works; and 
(ii) in the House of Representatives— 
(I) the Committee on Agriculture; 
(II) the Committee on Energy and Commerce; 
(III) the Committee on Transportation and 
Infrastructure; and 
(IV) the Committee on Science and Tech-
nology; and 
(2) may issue a solicitation for a competition to select 
a contractor to support the Secretaries. 
SEC. 9003. RENEWABLE FERTILIZER STUDY. 
(a) IN GENERAL.—Not later than 1 year after the date of receipt 
of appropriations to carry out this section, the Secretary shall— 
(1) conduct a study to assess the current state of knowledge 
regarding the potential for the production of fertilizer from 
renewable energy sources in rural areas, including— 
(A) identification of the critical challenges to commer-
cialization of rural production of nitrogen and phosphorus- 
based fertilizer from renewables;
H. R. 2419—413 
(B) the most promising processes and technologies for 
renewable fertilizer production; 
(C) the potential cost-competitiveness of renewable fer-
tilizer; and 
(D) the potential impacts of renewable fertilizer on 
fossil fuel use and the environment; and 
(2) submit to the Committee on Agriculture of the House 
of Representatives and the Committee on Agriculture, Nutri-
tion, and Forestry of the Senate a report describing the results 
of the study. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to carry out this section $1,000,000 for fiscal 
year 2009. 
TITLE X—HORTICULTURE AND 
ORGANIC AGRICULTURE 
SEC. 10001. DEFINITIONS. 
In this title: 
(1) SPECIALTY CROP.—The term ‘‘specialty crop’’ has the 
meaning given the term in section 3 of the Specialty Crops 
Competitiveness Act of 2004 (7 U.S.C. 1621 note; Public Law 
108–465). 
(2) STATE DEPARTMENT OF AGRICULTURE.—The term ‘‘State 
department of agriculture’’ means the agency, commission, or 
department of a State government responsible for protecting 
and promoting agriculture in the State. 
Subtitle A—Horticulture Marketing and 
Information 
SEC. 10101. INDEPENDENT EVALUATION OF DEPARTMENT OF AGRI-
CULTURE COMMODITY PURCHASE PROCESS. 
(a) EVALUATION REQUIRED.—The Secretary shall arrange to 
have performed an independent evaluation of the purchasing proc-
esses (including the budgetary, statutory, and regulatory authority 
underlying the processes) used by the Department of Agriculture 
to implement the requirement that funds available under section 
32 of the Act of August 24, 1935 (7 U.S.C. 612c), shall be principally 
devoted to perishable agricultural commodities. 
(b) SUBMISSION OF RESULTS.—Not later than 18 months after 
the date of the enactment of this Act, the Secretary 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 on the results of the evaluation. 
SEC. 10102. QUALITY REQUIREMENTS FOR CLEMENTINES. 
Section 8e(a) of the Agricultural Adjustment Act (7 U.S.C. 
608e–1(a)), reenacted with amendments by the Agricultural Mar-
keting Agreement Act of 1937, is amended in the matter preceding 
the first proviso in the first sentence by inserting ‘‘clementines,’’ 
after ‘‘nectarines,’’.
H. R. 2419—414 
SEC. 10103. INCLUSION OF SPECIALTY CROPS IN CENSUS OF AGRI-
CULTURE. 
Section 2(a) of the Census of Agriculture Act of 1997 (7 U.S.C. 
2204g(a)) is amended— 
(1) by striking ‘‘In 1998’’ and inserting the following: 
‘‘(1) IN GENERAL.—In 1998’’; and 
(2) by adding at the end the following: 
‘‘(2) INCLUSION OF SPECIALTY CROPS.—Effective beginning 
with the census of agriculture required to be conducted in 
2008, the Secretary shall conduct as part of each census of 
agriculture a census of specialty crops (as that term is defined 
in section 3 of the Specialty Crops Competitiveness Act of 
2004 (7 U.S.C. 1621 note; Public Law 108-465)).’’. 
SEC. 10104. MUSHROOM PROMOTION, RESEARCH, AND CONSUMER 
INFORMATION. 
(a) REGIONS AND MEMBERS.—Section 1925(b)(2) of the Mush-
room Promotion, Research, and Consumer Information Act of 1990 
(7 U.S.C. 6104(b)(2)) is amended— 
(1) in subparagraph (B), by striking ‘‘4 regions’’ and 
inserting ‘‘3 regions’’; 
(2) in subparagraph (D), by striking ‘‘35,000,000 pounds’’ 
and inserting ‘‘50,000,000 pounds’’; and 
(3) by striking subparagraph (E) and inserting the fol-
lowing: 
‘‘(E) ADDITIONAL MEMBERS.—In addition to the mem-
bers appointed pursuant to paragraph (1), and subject to 
the 9-member limit of members on the Council provided 
in that paragraph, the Secretary shall appoint additional 
members to the council from a region that attains addi-
tional pounds of production as follows: 
‘‘(i) If the annual production of a region is greater 
than 110,000,000 pounds, but less than or equal to 
180,000,000 pounds, the region shall be represented 
by 1 additional member. 
‘‘(ii) If the annual production of a region is greater 
than 180,000,000 pounds, but less than or equal to 
260,000,000 pounds, the region shall be represented 
by 2 additional members. 
‘‘(iii) If the annual production of a region is greater 
than 260,000,000 pounds, the region shall be rep-
resented by 3 additional members.’’. 
(b) POWERS AND DUTIES OF COUNCIL.—Section 1925(c) of the 
Mushroom Promotion, Research, and Consumer Information Act 
of 1990 (7 U.S.C. 6104(c)) is amended— 
(1) by redesignating paragraphs (6), (7), and (8) as para-
graphs (7), (8), and (9), respectively; and 
(2) by inserting after paragraph (5) the following: 
‘‘(6) to develop and propose to the Secretary programs 
for good agricultural and good handling practices and related 
activities for mushrooms;’’. 
SEC. 10105. FOOD SAFETY EDUCATION INITIATIVES. 
(a) INITIATIVE AUTHORIZED.—The Secretary may carry out a 
food safety education program to educate the public and persons 
in the fresh produce industry about—
H. R. 2419—415 
(1) scientifically proven practices for reducing microbial 
pathogens on fresh produce; and 
(2) methods of reducing the threat of cross-contamination 
of fresh produce through sanitary handling practices. 
(b) COOPERATION.—The Secretary may carry out the education 
program in cooperation with public and private partners. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to the Secretary to carry out this section 
$1,000,000 for each of fiscal years 2008 through 2012, to remain 
available until expended. 
SEC. 10106. FARMERS’ MARKET PROMOTION PROGRAM. 
Section 6 of the Farmer-to-Consumer Direct Marketing Act 
of 1976 (7 U.S.C. 3005) is amended— 
(1) in subsection (a), by inserting ‘‘and to promote direct 
producer-to-consumer marketing’’ before the period at the end; 
(2) in subsection (b)(1)— 
(A) in subparagraph (A), by inserting ‘‘agri-tourism 
activities,’’ after ‘‘programs,’’; and 
(B) in subparagraph (B)— 
(i) by inserting ‘‘agri-tourism activities,’’ after ‘‘pro-
grams,’’ and 
(ii) by striking ‘‘infrastructure’’ and inserting ‘‘mar-
keting opportunities’’; 
(3) in subsection (c)(1), by inserting ‘‘or a producer network 
or association’’ after ‘‘cooperative’’; and 
(4) by striking subsection (e) and inserting the following: 
‘‘(e) FUNDING.— 
‘‘(1) IN GENERAL.—Of the funds of the Commodity Credit 
Corporation, the Secretary shall use to carry out this section— 
‘‘(A) $3,000,000 for fiscal year 2008; 
‘‘(B) $5,000,000 for each of fiscal years 2009 through 
2010; and 
‘‘(C) $10,000,000 for each of fiscal years 2011 and 2012. 
‘‘(2) USE OF FUNDS.—Not less than 10 percent of the funds 
used to carry out this section in a fiscal year under paragraph 
(1) shall be used to support the use of electronic benefits trans-
fers for Federal nutrition programs at farmers’ markets. 
‘‘(3) INTERDEPARTMENTAL COORDINATION.—In carrying out 
this subsection, the Secretary shall ensure coordination between 
the various agencies to the maximum extent practicable. 
‘‘(4) LIMITATION.—Funds described in paragraph (2)— 
‘‘(A) may not be used for the ongoing cost of carrying 
out any project; and 
‘‘(B) shall only be provided to eligible entities that 
demonstrate a plan to continue to provide EBT card access 
at 1 or more farmers’ markets following the receipt of 
the grant.’’. 
SEC. 10107. SPECIALTY CROPS MARKET NEWS ALLOCATION. 
(a) IN GENERAL.—The Secretary shall— 
(1) carry out market news activities to provide timely price 
and shipment information of specialty crops in the United 
States; and 
(2) use funds made available under subsection (b) to 
increase the reporting levels for specialty crops in effect on 
the date of enactment of this Act.
H. R. 2419—416 
(b) AUTHORIZATION
OF APPROPRIATIONS.—In addition to any 
other funds made available through annual appropriations for 
market news services, there is authorized to be appropriated to 
carry out this section $9,000,000 for each of fiscal years 2008 
through 2012, to remain available until expended. 
SEC. 10108. EXPEDITED MARKETING ORDER FOR HASS AVOCADOS FOR 
GRADES AND STANDARDS AND OTHER PURPOSES. 
(a) IN GENERAL.—The Secretary shall initiate procedures under 
the Agricultural Adjustment Act (7 U.S.C. 601 et seq.), reenacted 
with amendments by the Agricultural Marketing Agreement Act 
of 1937, to determine whether it would be appropriate to establish 
a Federal marketing order for Hass avocados relating to grades 
and standards and for other purposes under that Act. 
(b) EXPEDITED PROCEDURES.— 
(1) PROPOSAL FOR AN ORDER.—An organization of domestic 
avocado producers in existence on the date of enactment of 
this Act may request the issuance of, and submit to the Sec-
retary a proposal for, an order described in subsection (a). 
(2) PUBLICATION OF PROPOSAL.—Not later than 60 days 
after the date on which the Secretary receives a proposed 
order under paragraph (1), the Secretary shall initiate proce-
dures described in subsection (a) to determine whether the 
proposed order should proceed. 
(c) EFFECTIVE DATE.—Any order issued under this section shall 
become effective not later than 15 months after the date on which 
the Secretary initiates procedures under the Agricultural Adjust-
ment Act (7 U.S.C. 601 et seq.), reenacted with amendments by 
the Agricultural Marketing Agreement Act of 1937. 
SEC. 10109. SPECIALTY CROP BLOCK GRANTS. 
(a) DEFINITION OF SPECIALTY CROP.—Section 3(1) of the Spe-
cialty Crops Competitiveness Act of 2004 (Public Law 108–465; 
7 U.S.C. 1621 note) is amended by inserting ‘‘horticulture and’’ 
before ‘‘nursery’’. 
(b) DEFINITION OF STATE.—Section 3(2) of the Specialty Crops 
Competitiveness Act of 2004 (Public Law 108–465; 7 U.S.C. 1621 
note) is amended by striking ‘‘and the Commonwealth of Puerto 
Rico’’ and inserting ‘‘the Commonwealth of Puerto Rico, Guam, 
American Samoa, the United States Virgin Islands, and the 
Commonwealth of the Northern Mariana Islands’’. 
(c) SPECIALTY CROP BLOCK GRANTS.—Section 101 of the Spe-
cialty Crops Competitiveness Act of 2004 (Public Law 108–465; 
7 U.S.C. 1621 note) is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘Subject to the appropriation of funds 
to carry out this section’’ and inserting ‘‘Using the funds 
made available under subsection (j)’’; and 
(B) by striking ‘‘2009’’ and inserting ‘‘2012’’; 
(2) in subsection (b), by striking ‘‘appropriated pursuant 
to the authorization of appropriations in subsection (i)’’ and 
inserting ‘‘made available under subsection (j)’’; 
(3) by striking subsection (c) and inserting the following: 
‘‘(c) MINIMUM GRANT AMOUNT.—Notwithstanding subsection 
(b), each State shall receive a grant under this section for each 
fiscal year in an amount that is at least equal to the higher 
of— 
‘‘(1) $100,000; or
H. R. 2419—417 
‘‘(2) 1⁄3 of 1 percent of the total amount of funding made 
available to carry out this section for the fiscal year.’’; and 
(4) by striking subsection (i) and inserting the following: 
‘‘(i) REALLOCATION.— 
‘‘(1) IN GENERAL.—The Secretary shall reallocate to other 
States in accordance with paragraph (2) any amounts made 
available for a fiscal year under this section that are not obli-
gated or expended by a date during that fiscal year determined 
by the Secretary. 
‘‘(2) PRO RATA ALLOCATION.—The Secretary shall allocate 
funds described in paragraph (1) pro rata to the remaining 
States that applied during the specified grant application 
period. 
‘‘(3) USE OF REALLOCATED FUNDS.—Funds allocated to a 
State under this subsection shall be used by the State only 
to carry out projects that were previously approved in the 
State plan of the State. 
‘‘(j) FUNDING.—Of the funds of the Commodity Credit Corpora-
tion, the Secretary of Agriculture shall make grants under this 
section, using— 
‘‘(1) $10,000,000 for fiscal year 2008; 
‘‘(2) $49,000,000 for fiscal year 2009; and 
‘‘(3) $55,000,000 for each of fiscal years 2010 through 
2012.’’. 
Subtitle B—Pest and Disease Management 
SEC. 10201. PLANT PEST AND DISEASE MANAGEMENT AND DISASTER 
PREVENTION. 
(a) IN GENERAL.—Subtitle A of the Plant Protection Act (7 
U.S.C. 7711 et seq.) is amended by adding at the end the following: 
‘‘SEC. 420. PLANT PEST AND DISEASE MANAGEMENT AND DISASTER 
PREVENTION. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) EARLY PLANT PEST DETECTION AND SURVEILLANCE.— 
The term ‘early plant pest detection and surveillance’ means 
the full range of activities undertaken to find newly introduced 
plant pests, whether the plant pests are new to the United 
States or new to certain areas of the United States, before— 
‘‘(A) the plant pests become established; or 
‘‘(B) the plant pest infestations become too large and 
costly to eradicate or control. 
‘‘(2) SPECIALTY CROP.—The term ‘specialty crop’ has the 
meaning given the term in section 3 of the Specialty Crops 
Competitiveness Act of 2004 (7 U.S.C. 1621 note; Public Law 
108–465). 
‘‘(3) STATE DEPARTMENT OF AGRICULTURE.—The term ‘State 
department of agriculture’ means an agency of a State that 
has a legal responsibility to perform early plant pest detection 
and surveillance activities. 
‘‘(b) EARLY
PLANT
PEST
DETECTION
AND
SURVEILLANCE 
IMPROVEMENT PROGRAM.— 
‘‘(1) COOPERATIVE AGREEMENTS.—The Secretary shall enter 
into a cooperative agreement with each State department of
H. R. 2419—418 
agriculture that agrees to conduct early plant pest detection 
and surveillance activities. 
‘‘(2) CONSULTATION.—In carrying out this subsection, the 
Secretary shall consult with— 
‘‘(A) the National Plant Board; and 
‘‘(B) other interested parties. 
‘‘(3) FEDERAL
ADVISORY
COMMITTEE
ACT.—The Federal 
Advisory Committee Act (5 U.S.C. App.) shall not apply to 
consultations under this subsection. 
‘‘(4) APPLICATION.— 
‘‘(A) IN GENERAL.—A State department of agriculture 
seeking to enter into a cooperative agreement under this 
subsection shall submit to the Secretary an application 
containing such information as the Secretary may require. 
‘‘(B) 
NOTIFICATION.—The 
Secretary 
shall 
notify 
applicants of— 
‘‘(i) the requirements to be imposed on a State 
department of agriculture for auditing of, and reporting 
on, the use of any funds provided by the Secretary 
under the cooperative agreement; 
‘‘(ii) the criteria to be used to ensure that early 
pest detection and surveillance activities supported 
under the cooperative agreement are based on sound 
scientific data or thorough risk assessments; and 
‘‘(iii) the means of identifying pathways of pest 
introductions. 
‘‘(5) USE OF FUNDS.— 
‘‘(A) PLANT PEST DETECTION AND SURVEILLANCE ACTIVI-
TIES.—A State department of agriculture that receives 
funds under this subsection shall use the funds to carry 
out early plant pest detection and surveillance activities 
approved by the Secretary to prevent the introduction or 
spread of a plant pest. 
‘‘(B) SUBAGREEMENTS.—Nothing in this subsection pre-
vents a State department of agriculture from using funds 
received under paragraph (4) to enter into subagreements 
with political subdivisions of the State that have legal 
responsibilities relating to agricultural plant pest and dis-
ease surveillance. 
‘‘(C) NON-FEDERAL SHARE.—The non-Federal share of 
the cost of carrying out a cooperative agreement under 
this section may be provided in-kind, including through 
provision of such indirect costs of the cooperative agreement 
as the Secretary considers to be appropriate. 
‘‘(D) ABILITY TO PROVIDE FUNDS.—The Secretary shall 
not take the ability to provide non-Federal costs to carry 
out a cooperative agreement entered into under subpara-
graph (A) into consideration when deciding whether to 
enter into a cooperative agreement with a State department 
of agriculture. 
‘‘(6) SPECIAL
FUNDING
CONSIDERATIONS.—The Secretary 
shall provide funds to a State department of agriculture if 
the Secretary determines that— 
‘‘(A) the State department of agriculture is in a State 
that has a high risk of being affected by 1 or more plant 
pests or diseases, taking into consideration—