987 
benefits of agricultural research, education, 
and extension; 
‘‘(v) assist the Under Secretary in 
preparing and implementing the roadmap 
for agricultural research, education, and 
extension, as described in section 7504 of 
the Food, Conservation, and Energy Act of 
2008; and 
‘‘(vi) perform such other duties as the 
Under Secretary may determine. 
‘‘(4) GENERAL ADMINISTRATION.— 
‘‘(A) FUNDING.—Notwithstanding any Act 
making appropriations for the Department of 
Agriculture, whether enacted before, on, or 
after the date of enactment of this paragraph 
unless the appropriation Act specifically refers 
to this subsection and specifically includes the 
administration of funds under this section, the 
Secretary may transfer funds made available to 
an agency in the research, education, and eco-
nomics mission area to fund the costs of Divi-
sion personnel. 
‘‘(B) LIMITATION.—To the maximum ex-
tent practicable— 
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988 
‘‘(i) the Under Secretary shall mini-
mize the number of full-time equivalent po-
sitions in the Divisions; and 
‘‘(ii) at no time shall the aggregate 
number of staff for all Divisions exceed 30 
full-time equivalent positions. 
‘‘(C) ROTATION OF PERSONNEL.—To the 
maximum extent practicable, and using the au-
thority described in paragraph (3)(A), the 
Under Secretary shall rotate personnel among 
the Divisions, and between the Divisions and 
agencies of the Department, in a manner 
that— 
‘‘(i) promotes leadership and profes-
sional development; and 
‘‘(ii) enables personnel to interact 
with other agencies of the Department. 
‘‘(5) ORGANIZATION.—The Under Secretary 
shall integrate leadership functions of the national 
program staff of the research agencies into the Re-
search, Education and Extension Office in such form 
as is required to ensure that administrative duplica-
tion does not occur. 
‘‘(f) NATIONAL INSTITUTE
OF FOOD
AND AGRI-
CULTURE.— 
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989 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) ADVISORY BOARD.—The term ‘Advi-
sory Board’ means the National Agricultural 
Research, Extension, Education, and Econom-
ics Advisory Board established under section 
1408 of the National Agricultural Research, 
Extension, and Teaching Policy Act of 1977 (7 
U.S.C. 3123). 
‘‘(B) APPLIED RESEARCH.—The term ‘ap-
plied research’ means research that includes ex-
pansion of the findings of fundamental research 
to uncover practical ways in which new knowl-
edge can be advanced to benefit individuals and 
society. 
‘‘(C) CAPACITY
AND
INFRASTRUCTURE 
PROGRAM.—The term ‘capacity and infrastruc-
ture program’ means each of the following agri-
cultural research, extension, education, and re-
lated programs for which the Secretary has ad-
ministrative or other authority as of the day be-
fore the date of enactment of the Food, Con-
servation, and Energy Act of 2008: 
‘‘(i) Each program providing funding 
to any of the 1994 Institutions under sec-
tions 533, 534(a), and 535 of the Equity 
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990 
in Educational Land-Grant Status Act of 
1994 (7 U.S.C. 301 note; Public Law 103– 
382). 
‘‘(ii) The program established under 
section 536 of the Equity in Educational 
Land-Grant Status Act of 1994 (7 U.S.C. 
301 note; Public Law 103–382) providing 
research grants for 1994 Institutions. 
‘‘(iii) Each program established under 
subsections (b) and (c) of section 3 of the 
Smith-Lever Act (7 U.S.C. 343). 
‘‘(iv) Each program established under 
the Hatch Act of 1887 (7 U.S.C. 361a et 
seq.). 
‘‘(v) Each program established under 
section 1417(b) of the National Agricul-
tural Research, Extension, and Teaching 
Policy Act of 1977 (7 U.S.C. 3152(b)). 
‘‘(vi) The animal health and disease 
research program established under sub-
title E of the National Agricultural Re-
search, Extension, and Teaching Policy 
Act of 1977 (7 U.S.C. 3191 et seq.). 
‘‘(vii) Each extension program avail-
able to 1890 Institutions established under 
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991 
section 1444 of the National Agricultural 
Research, Extension, and Teaching Policy 
Act of 1977 (7 U.S.C. 3221). 
‘‘(viii) The program established under 
section 1445 of the National Agricultural 
Research, Extension, and Teaching Policy 
Act of 1977 (7 U.S.C. 3222). 
‘‘(ix) The program providing grants to 
upgrade agricultural and food sciences fa-
cilities at 1890 Institutions established 
under section 1447 of the National Agri-
cultural Research, Extension, and Teach-
ing Policy Act of 1977 (7 U.S.C. 3222b). 
‘‘(x) The program providing distance 
education grants for insular areas estab-
lished under section 1490 of the National 
Agricultural 
Research, 
Extension, 
and 
Teaching Policy Act of 1977 (7 U.S.C. 
3362). 
‘‘(xi) The program providing resident 
instruction grants for insular areas estab-
lished under section 1491 of the National 
Agricultural 
Research, 
Extension, 
and 
Teaching Policy Act of 1977 (7 U.S.C. 
3363). 
VerDate Aug 31 2005 
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992 
‘‘(xii) Each research and development 
and related program established under 
Public Law 87–788 (commonly known as 
the ‘McIntire-Stennis Cooperative Forestry 
Act’) (16 U.S.C. 582a et seq.). 
‘‘(xiii) 
Each 
program 
established 
under the Renewable Resources Extension 
Act of 1978 (16 U.S.C. 1671 et seq.). 
‘‘(xiv) Each program providing fund-
ing to Hispanic-serving agricultural col-
leges and universities under section 1456 
of the National Agricultural Research, Ex-
tension, and Teaching Policy Act of 1977. 
‘‘(xv) The program providing capacity 
grants to NLGCA Institutions under sec-
tion 1473F of the National Agricultural 
Research, Extension, and Teaching Policy 
Act of 1977. 
‘‘(xvi) Other programs that are capac-
ity and infrastructure programs, as deter-
mined by the Secretary. 
‘‘(D) COMPETITIVE PROGRAM.—The term 
‘competitive program’ means each of the fol-
lowing agricultural research, extension, edu-
cation, and related programs for which the Sec-
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993 
retary has administrative or other authority as 
of the day before the date of enactment of the 
Food, Conservation, and Energy Act of 2008: 
‘‘(i) The Agriculture and Food Re-
search Initiative established under section 
2(b) of the Competitive, Special, and Fa-
cilities Research Grant Act (7 U.S.C. 
450i(b)). 
‘‘(ii) The program providing competi-
tive grants for risk management education 
established under section 524(a)(3) of the 
Federal Crop Insurance Act (7 U.S.C. 
1524(a)(3)). 
‘‘(iii) The program providing commu-
nity food project competitive grants estab-
lished under section 25 of the Food and 
Nutrition Act of 2008 (7 U.S.C. 2034). 
‘‘(iv) The program providing grants 
for beginning farmer and rancher develop-
ment established under section 7405 of the 
Farm Security and Rural Investment Act 
of 2002 (7 U.S.C. 3319f). 
‘‘(v) The program providing grants 
under section 1417(j) of the National Agri-
VerDate Aug 31 2005 
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995 
tural Research, Extension, and Education 
Reform Act of 1998. 
‘‘(xi) The administration and manage-
ment of the Agricultural Bioenergy Feed-
stock and Energy Efficiency Research and 
Extension Initiative carried out under sec-
tion 1672C of the Food, Agriculture, Con-
servation, and Trade Act of 1990. 
‘‘(xii) The research, extension, and 
education programs authorized by section 
407 of the Agricultural Research, Exten-
sion, and Education Reform Act of 1998 
(7 U.S.C. 7627) relating to the competi-
tiveness, viability and sustainability of 
small- and medium-sized dairy, livestock, 
and poultry operations. 
‘‘(xiii) Other programs that are com-
petitive programs, as determined by the 
Secretary. 
‘‘(E) DIRECTOR.—The term ‘Director’ 
means the Director of the Institute. 
‘‘(F) 
FUNDAMENTAL
RESEARCH.—The 
term ‘fundamental research’ means research 
that— 
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996 
‘‘(i) increases knowledge or under-
standing of the fundamental aspects of 
phenomena and has the potential for broad 
application; and 
‘‘(ii) has an effect on agriculture, 
food, nutrition, or the environment. 
‘‘(G) INSTITUTE.—The term ‘Institute’ 
means the National Institute of Food and Agri-
culture established by paragraph (2)(A). 
‘‘(2) ESTABLISHMENT OF NATIONAL INSTITUTE 
OF FOOD AND AGRICULTURE.— 
‘‘(A) 
ESTABLISHMENT.—The 
Secretary 
shall establish within the Department an agency 
to be known as the ‘National Institute of Food 
and Agriculture’. 
‘‘(B) TRANSFER
OF
AUTHORITIES.—The 
Secretary shall transfer to the Institute, effec-
tive not later than October 1, 2009, the au-
thorities (including all budget authorities, avail-
able appropriations, and personnel), duties, ob-
ligations, and related legal and administrative 
functions prescribed by law or otherwise grant-
ed to the Secretary, the Department, or any 
other agency or official of the Department 
under— 
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997 
‘‘(i) the capacity and infrastructure 
programs; 
‘‘(ii) the competitive programs; 
‘‘(iii) the research, education, eco-
nomic, cooperative State research pro-
grams, cooperative extension and education 
programs, international programs, and 
other functions and authorities delegated 
by the Under Secretary to the Adminis-
trator of the Cooperative State Research, 
Education, and Extension Service pursuant 
to section 2.66 of title 7, Code of Federal 
Regulations (or successor regulations); and 
‘‘(iv) any and all other authorities ad-
ministered by the Administrator of the Co-
operative State Research, Education, and 
Extension Service. 
‘‘(3) DIRECTOR.— 
‘‘(A) IN GENERAL.—The Institute shall be 
headed by a Director, who shall be an indi-
vidual who is— 
‘‘(i) a distinguished scientist; and 
‘‘(ii) appointed by the President. 
VerDate Aug 31 2005 
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998 
‘‘(B) SUPERVISION.—The Director shall 
report directly to the Secretary, or the designee 
of the Secretary. 
‘‘(C) FUNCTIONS OF THE DIRECTOR.—The 
Director shall— 
‘‘(i) serve for a 6-year term, subject to 
reappointment for an additional 6-year 
term; 
‘‘(ii) periodically report to the Sec-
retary, or the designee of the Secretary, 
with respect to activities carried out by the 
Institute; and 
‘‘(iii) consult regularly with the Sec-
retary, or the designee of the Secretary, to 
ensure, to the maximum extent practicable, 
that— 
‘‘(I) research of the Institute is 
relevant to agriculture in the United 
States and otherwise serves the na-
tional interest; and 
‘‘(II) the research of the Institute 
supplements and enhances, and does 
not supplant, research conducted or 
funded by other Federal agencies. 
VerDate Aug 31 2005 
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999 
‘‘(D) COMPENSATION.—The Director shall 
receive basic pay at a rate not to exceed the 
maximum amount of compensation payable to a 
member of the Senior Executive Service under 
subsection (b) of section 5382 of title 5, United 
States Code, except that the certification re-
quirement in that subsection shall not apply to 
the compensation of the Director. 
‘‘(E) AUTHORITY
AND
RESPONSIBILITIES 
OF DIRECTOR.—Except as otherwise specifically 
provided in this subsection, the Director shall— 
‘‘(i) exercise all of the authority pro-
vided to the Institute by this subsection; 
‘‘(ii) formulate and administer pro-
grams in accordance with policies adopted 
by the Institute, in coordination with the 
Under Secretary; 
‘‘(iii) establish offices within the Insti-
tute; 
‘‘(iv) establish procedures for the pro-
vision and administration of grants by the 
Institute; and 
‘‘(v) consult regularly with the Advi-
sory Board. 
VerDate Aug 31 2005 
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1000 
‘‘(4) REGULATIONS.—The Institute shall have 
such authority as is necessary to carry out this sub-
section, including the authority to promulgate such 
regulations as the Institute considers to be necessary 
for governance of operations, organization, and per-
sonnel. 
‘‘(5) ADMINISTRATION.— 
‘‘(A) IN GENERAL.—The Director shall or-
ganize offices and functions within the Institute 
to administer fundamental and applied research 
and extension and education programs. 
‘‘(B) RESEARCH PRIORITIES.—The Direc-
tor shall ensure the research priorities estab-
lished by the Under Secretary through the Re-
search, Education and Extension Office are car-
ried out by the offices and functions of the In-
stitute, where applicable. 
‘‘(C) FUNDAMENTAL
AND
APPLIED
RE-
SEARCH.—The Director shall— 
‘‘(i) determine an appropriate balance 
between fundamental and applied research 
programs and functions to ensure future 
research needs are met; and 
‘‘(ii) designate staff, as appropriate, 
to assist in carrying out this subparagraph. 
VerDate Aug 31 2005 
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1001 
‘‘(D) COMPETITIVELY FUNDED AWARDS.— 
The Director shall— 
‘‘(i) promote the use and growth of 
grants awarded through a competitive 
process; and 
‘‘(ii) designate staff, as appropriate, 
to assist in carrying out this subparagraph. 
‘‘(E) COORDINATION.—The Director shall 
ensure that the offices and functions established 
under subparagraph (A) are effectively coordi-
nated for maximum efficiency. 
‘‘(6) FUNDING.— 
‘‘(A) IN GENERAL.—In addition to funds 
otherwise appropriated to carry out each pro-
gram administered by the Institute, there are 
authorized to be appropriated such sums as are 
necessary to carry out this subsection for each 
fiscal year. 
‘‘(B) ALLOCATION.—Funding made avail-
able under subparagraph (A) shall be allocated 
according to recommendations contained in the 
roadmap described in section 7504 of the Food, 
Conservation, and Energy Act of 2008.’’. 
VerDate Aug 31 2005 
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1002 
(b) FUNCTIONS.—Section 296(b) of the Department 
of Agriculture Reorganization Act of 1994 (7 U.S.C. 
7014(b)) is amended— 
(1) in paragraph (4), by striking ‘‘or’’ at the 
end; 
(2) in paragraph (5), by striking the period at 
the end and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(6) the authority of the Secretary to establish 
in the Department, under section 251— 
‘‘(A) the position of Under Secretary of 
Agriculture for Research, Education, and Eco-
nomics; 
‘‘(B) the Research, Education, and Exten-
sion Office; and 
‘‘(C) the National Institute of Food and 
Agriculture.’’. 
(c) CONFORMING AMENDMENTS.—The following con-
forming amendments shall take effect on October 1, 2009: 
(1) Section 522(d)(2) of the Federal Crop In-
surance Act (7 U.S.C. 1522(d)(2)) is amended by 
striking ‘‘the Cooperative State Research, Edu-
cation, and Extension Service’’ and inserting ‘‘the 
National Institute of Food and Agriculture’’. 
VerDate Aug 31 2005 
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1003 
(2) Section 524(a) of the Federal Crop Insur-
ance Act (7 U.S.C. 1524(a)) is amended in each of 
paragraphs (1)(B) and (3)(A) by striking ‘‘the Co-
operative State Research, Education, and Extension 
Service’’ each place it appears and inserting ‘‘the 
National Institute of Food and Agriculture’’. 
(3) Section 306(a)(11)(C) of the Consolidated 
Farm and Rural Development Act (7 U.S.C. 
1926(a)(11)(C)) is amended by striking ‘‘the Coop-
erative State Research, Education, and Extension 
Service’’ and inserting ‘‘the National Institute of 
Food and Agriculture’’. 
(4) Section 5(b)(2)(E) of the Agricultural Cred-
it Improvement Act of 1992 (7 U.S.C. 1929 note; 
Public Law 102–554) is amended by striking ‘‘Coop-
erative Extension Service’’ and inserting ‘‘National 
Institute of Food and Agriculture’’. 
(5) Section 11(f)(1) of the Food and Nutrition 
Act of 2008 (7 U.S.C. 2020(f)(1)) is amended by 
striking ‘‘Cooperative Extension Service’’ and insert-
ing ‘‘National Institute of Food and Agriculture’’. 
(6) Section 502(h) of the Rural Development 
Act of 1972 (7 U.S.C. 2662(h)) is amended— 
VerDate Aug 31 2005 
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1004 
(A) in paragraph (1), by striking ‘‘Exten-
sion Service’’ and inserting ‘‘National Institute 
of Food and Agriculture’’; and 
(B) in paragraph (4), by striking ‘‘Exten-
sion Service staff’’ and inserting ‘‘National In-
stitute of Food and Agriculture staff’’. 
(7) Section 7404(b)(1)(B) of the Farm Security 
and Rural Investment Act of 2002 (7 U.S.C. 3101 
note; Public Law 107–171) is amended by striking 
clause (vi) and inserting the following: 
‘‘(vi) the National Institute of Food 
and Agriculture.’’. 
(8) Section 1408(b)(4) of the National Agricul-
tural Research, Extension, and Teaching Policy Act 
of 1977 (7 U.S.C. 3123(b)(4)) is amended by strik-
ing ‘‘the Administrator of the Cooperative State Re-
search, Education, and Extension Service’’ and in-
serting ‘‘the Director of the National Institute of 
Food and Agriculture’’. 
(9) Section 2381(a) of the Food, Agriculture, 
Conservation, and Trade Act of 1990 (7 U.S.C. 
3125b(a)) is amended by striking ‘‘Extension Serv-
ice’’ and inserting ‘‘National Institute of Food and 
Agriculture’’. 
VerDate Aug 31 2005 
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1005 
(10) The National Agricultural Research, Ex-
tension, and Teaching Policy Act of 1977 is amend-
ed— 
(A) 
in 
section 
1424A(b) 
(7 
U.S.C. 
3174a(b)), by striking ‘‘the Cooperative State 
Research, Education, and Extension Service’’ 
and inserting ‘‘the National Institute of Food 
and Agriculture’’; and 
(B) in section 1458(a)(10) (7 U.S.C. 
3291(a)(10)), by striking ‘‘the Cooperative 
State Research, Education, and Extension Serv-
ice’’ and inserting ‘‘the National Institute of 
Food and Agriculture’’. 
(11) Section 1587(a) of the Food Security Act 
of 1985 (7 U.S.C. 3175d(a)) is amended by striking 
‘‘Extension Service’’ each place it appears and in-
serting ‘‘National Institute of Food and Agri-
culture’’. 
(12) Section 1444(b)(2)(A) of the National Ag-
ricultural Research, Extension, and Teaching Policy 
Act of 1977 (7 U.S.C. 3221(b)(2)(A)) is amended 
by striking ‘‘Extension Service’’ and inserting ‘‘Na-
tional Institute of Food and Agriculture’’. 
(13) Section 1473D(d) of the National Agricul-
tural Research, Extension, and Teaching Policy Act 
VerDate Aug 31 2005 
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1006 
of 1977 (7 U.S.C. 3319d(d)) is amended by striking 
‘‘the Cooperative State Research Service, the Exten-
sion Service’’ and inserting ‘‘the National Institute 
of Food and Agriculture’’. 
(14) Section 1499(c) of the Food, Agriculture, 
Conservation, and Trade Act of 1990 (7 U.S.C. 
5506(c)) is amended by striking ‘‘the Cooperative 
State Research Service’’ and all that follows through 
‘‘extension services;’’ and inserting ‘‘the National In-
stitute of Food and Agriculture, in conjunction with 
the system of State agricultural experiment stations 
and State and county cooperative extension services; 
the Economic Research Service;’’. 
(15) Section 1622 of the Food, Agriculture, 
Conservation, and Trade Act of 1990 (7 U.S.C. 
5812) is amended— 
(A) in subsection (a)(1), by striking ‘‘the 
Cooperative State Research Service in close co-
operation with the Extension Service’’ and in-
serting ‘‘the National Institute of Food and Ag-
riculture’’; 
(B) in subsection (b)(1)— 
(i) by striking subparagraphs (B) and 
(C) and inserting the following: 
VerDate Aug 31 2005 
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1007 
‘‘(B) the National Institute of Food and 
Agriculture;’’; and 
(ii) by redesignating subparagraphs 
(D) through (L) as subparagraphs (C) 
through (K), respectively. 
(16) Section 1627(d) of the Food, Agriculture, 
Conservation, and Trade Act of 1990 (7 U.S.C. 
5821(d)) is amended by striking ‘‘Extension Serv-
ice’’ and inserting ‘‘National Institute of Food and 
Agriculture’’. 
(17) Section 1629 of the Food, Agriculture, 
Conservation, and Trade Act of 1990 (7 U.S.C. 
5832) is amended— 
(A) in subsection (b), in the first sentence, 
by striking ‘‘the Extension Service’’ and insert-
ing ‘‘the National Institute of Food and Agri-
culture’’; and 
(B) in subsection (h), by striking ‘‘Exten-
sion Service’’ and inserting ‘‘National Institute 
of Food and Agriculture’’. 
(18) Section 1638(b) of the Food, Agriculture, 
Conservation, and Trade Act of 1990 (7 U.S.C. 
5852(b)) is amended— 
(A) in paragraph (3), by striking ‘‘Cooper-
ative State Research Service’’ and inserting 
VerDate Aug 31 2005 
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1008 
‘‘National Institute of Food and Agriculture’’; 
and 
(B) in paragraph (5), by striking ‘‘Cooper-
ative State Research Service’’ and inserting 
‘‘National Institute of Food and Agriculture’’. 
(19) Section 1640(a)(2) of the Food, Agri-
culture, Conservation, and Trade Act of 1990 (7 
U.S.C. 5854(a)(2)) is amended by striking ‘‘the Ad-
ministrator of the Extension Service, the Adminis-
trator of the Cooperative State Research Service’’ 
and inserting ‘‘the Director of the National Institute 
of Food and Agriculture’’. 
(20) Section 1641(a) of the Food, Agriculture, 
Conservation, and Trade Act of 1990 (7 U.S.C. 
5855(a)) is amended— 
(A) in paragraph (2), by striking ‘‘Cooper-
ative State Research Service’’ and inserting 
‘‘National Institute of Food and Agriculture’’; 
and 
(B) in paragraph (4,) by striking ‘‘Exten-
sion Service’’ and inserting ‘‘National Institute 
of Food and Agriculture’’. 
(21) Section 1668(b) of the Food, Agriculture, 
Conservation, and Trade Act of 1990 (7 U.S.C. 
5921(b)) is amended by striking ‘‘Cooperative State 
VerDate Aug 31 2005 
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1009 
Research, Education, and Extension Service’’ and 
inserting ‘‘National Institute of Food and Agri-
culture’’. 
(22) Section 1670(a)(4) of the Food, Agri-
culture, Conservation, and Trade Act of 1990 (7 
U.S.C. 5923(a)(4)) is amended by striking ‘‘the Ad-
ministrator of the Cooperative State Research, Edu-
cation, and Extension Service’’ and inserting ‘‘the 
Director of the National Institute of Food and Agri-
culture’’. 
(23) Section 1677(a) of the Food, Agriculture, 
Conservation, and Trade Act of 1990 (7 U.S.C. 
5930(a)) is amended by striking ‘‘Extension Serv-
ice’’ and inserting ‘‘National Institute of Food and 
Agriculture’’. 
(24) Section 2122(b)(1) of the Food, Agri-
culture, Conservation, and Trade Act of 1990 (7 
U.S.C. 6521(b)(1)) is amended by striking ‘‘Exten-
sion Service’’ and inserting ‘‘National Institute of 
Food and Agriculture’’. 
(25) Section 2371 of the Food, Agriculture, 
Conservation, and Trade Act of 1990 (7 U.S.C. 
6601) is amended— 
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(A) in subsection (a), by striking ‘‘Exten-
sion Service’’ and inserting ‘‘National Institute 
of Food and Agriculture’’; and 
(B) in subsection (c)(3), by striking ‘‘Serv-
ice’’ and inserting ‘‘System’’. 
(26) Section 2377(a) of the Food, Agriculture, 
Conservation, and Trade Act of 1990 (7 U.S.C. 
6615(a)) is amended by striking ‘‘Extension Serv-
ice’’ and inserting ‘‘National Institute of Food and 
Agriculture’’. 
(27) Section 212(a)(2)(A) of the Department of 
Agriculture Reorganization Act of 1994 (7 U.S.C. 
6912(a)(2)(A)) is amended by striking ‘‘251(d),’’ 
and inserting ‘‘251(f),’’. 
(28) Section 537 of the Federal Agriculture Im-
provement and Reform Act of 1996 (7 U.S.C. 7446) 
is amended in each of subsections (a)(2) and 
(b)(3)(B)(i) by striking ‘‘Cooperative State Re-
search, Education, and Extension Service’’ and in-
serting ‘‘cooperative extension’’. 
(29) Section 101(b)(2) of the Agricultural Re-
search, Extension, and Education Reform Act of 
1998 (7 U.S.C. 7611(b)(2)) is amended by striking 
‘‘Cooperative State Research, Education, and Exten-
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sion Service’’ and inserting ‘‘National Institute of 
Food and Agriculture’’. 
(30) Section 103(a) of the Agricultural Re-
search, Extension, and Education Reform Act of 
1998 (7 U.S.C. 7613(a)) is amended— 
(A) in the subsection heading, by striking 
‘‘Cooperative State Research, Education, and 
Extension Service’’ and inserting ‘‘National In-
stitute of Food and Agriculture’’; and 
(B) in each of paragraphs (1) and (2)(A), 
by striking ‘‘the Cooperative State Research, 
Education, and Extension Service’’ and insert-
ing ‘‘the National Institute of Food and Agri-
culture’’. 
(31) Section 407(c) of the Agricultural Re-
search, Extension, and Education Reform Act of 
1998 (7 U.S.C. 7627(c)) is amended by striking 
‘‘the Cooperative State Research, Education, and 
Extension Service’’ and inserting ‘‘the National In-
stitute of Food and Agriculture’’. 
(32) Section 410(a) of the Agricultural Re-
search, Extension, and Education Reform Act of 
1998 (7 U.S.C. 7630(a)) is amended by striking 
‘‘the Administrator of the Cooperative State Re-
search, Education, and Extension Service’’ and in-
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serting ‘‘the Director of the National Institute of 
Food and Agriculture’’. 
(33) Section 307(g)(5) of the Agricultural Risk 
Protection Act of 2000 (7 U.S.C. 8606(g)(5)) is 
amended by striking ‘‘Administrator of the Coopera-
tive State Research, Education, and Extension Serv-
ice’’ and inserting ‘‘Director of the National Insti-
tute of Food and Agriculture’’. 
(34) Section 5(a) of the Renewable Resources 
Extension Act of 1978 (16 U.S.C. 1674a(a)) is 
amended by striking ‘‘Extension Service’’ and insert-
ing ‘‘National Institute of Food and Agriculture’’. 
(35) Section 6(b) of the Cooperative Forestry 
Assistance Act of 1978 (16 U.S.C. 2103b(b)) is 
amended by striking ‘‘the Cooperative State Re-
search, Education, and Extension Service, may pro-
vide technical, financial, and related assistance to 
State foresters, equivalent State officials, or Cooper-
ative Extension officials’’ and inserting ‘‘the Na-
tional Institute of Food and Agriculture, may pro-
vide technical, financial, and related assistance to 
State foresters, equivalent State officials, or coopera-
tive extension officials’’. 
(36) Section 9(g)(2)(A)(viii) of the Cooperative 
Forestry Assistance Act of 1978 (16 U.S.C. 
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interest by, compensation of reviewers of, and 
the effects of compensation on reviewer effi-
ciency and quality within, the National Institute 
of Food and Agriculture of the Department of 
Agriculture;’’. 
PART III—NEW GRANT AND RESEARCH 
PROGRAMS 
SEC. 7521. RESEARCH AND EDUCATION GRANTS FOR THE 
STUDY OF ANTIBIOTIC-RESISTANT BACTERIA. 
(a) IN GENERAL.—The Secretary shall provide re-
search and education grants, on a competitive basis— 
(1) to study the development of antibiotic-re-
sistant bacteria, including— 
(A) movement of antibiotic-resistant bac-
teria into groundwater and surface water; and 
(B) the effect on antibiotic resistance from 
various drug use regimens; and 
(2) to study and ensure the judicious use of 
antibiotics in veterinary and human medicine, in-
cluding— 
(A) methods and practices of animal hus-
bandry; 
(B) safe and effective alternatives to anti-
biotics; 
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(C) the development of better veterinary 
diagnostics to improve decisionmaking; and 
(D) the identification of conditions or fac-
tors that affect antibiotic use on farms. 
(b) ADMINISTRATION.—Paragraphs (4), (7), (8), and 
(11)(B) of subsection (b) of the Competitive, Special, and 
Facilities Research Grant Act (7 U.S.C. 450i) shall apply 
with respect to the making of grants under this section. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as are nec-
essary to carry out this section for each of fiscal years 
2008 through 2012. 
SEC. 7522. FARM AND RANCH STRESS ASSISTANCE NET-
WORK. 
(a) IN GENERAL.—The Secretary, in coordination 
with the Secretary of Health and Human Services, shall 
make competitive grants to support cooperative programs 
between State cooperative extension services and nonprofit 
organizations to establish a Farm and Ranch Stress As-
sistance Network that provides stress assistance programs 
to individuals who are engaged in farming, ranching, and 
other agriculture-related occupations. 
(b) ELIGIBLE PROGRAMS.—Grants awarded under 
subsection (a) may be used to initiate, expand, or sustain 
programs that provide professional agricultural behavioral 
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health counseling and referral for other forms of assist-
ance as necessary through— 
(1) farm telephone helplines and websites; 
(2) community education; 
(3) support groups; 
(4) outreach services and activities; and 
(5) home delivery of assistance, in a case in 
which a farm resident is homebound. 
(c) EXTENSION SERVICES.—Grants shall be awarded 
under this subsection directly to State cooperative exten-
sion services to enable the State cooperative extension 
services to enter into contracts, on a multiyear basis, with 
nonprofit, community-based, direct-service organizations 
to initiate, expand, or sustain cooperative programs de-
scribed in subsections (a) and (b). 
(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as are nec-
essary to carry out this section for each of fiscal years 
2008 through 2012. 
SEC. 7523. SEED DISTRIBUTION. 
(a) IN GENERAL.—The Secretary shall make com-
petitive grants to eligible entities to carry out a seed dis-
tribution program to administer and maintain the dis-
tribution of vegetable seeds donated by commercial seed 
companies. 
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(b) PURPOSES.—The purposes of this program in-
clude— 
(1) the distribution of seeds donated by com-
mercial seed companies free-of-charge to appro-
priate— 
(A) individuals; 
(B) groups; 
(C) institutions; 
(D) governmental and nongovernmental or-
ganizations; and 
(E) such other entities as the Secretary 
may designate; 
(2) distribution of seeds to underserved commu-
nities, such as communities that experience— 
(A) limited access to affordable fresh vege-
tables; 
(B) a high rate of hunger or food insecu-
rity; or 
(C) severe or persistent poverty. 
(c) ADMINISTRATION.—Paragraphs (4), (7), (8), and 
(11)(B) of subsection (b) of the Competitive, Special, and 
Facilities Research Grant Act (7 U.S.C. 450i) shall apply 
with respect to the making of grants under this section. 
(d) SELECTION.—An eligible entity selected to receive 
a grant under subsection (a) shall have— 
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(1) expertise regarding the distribution of vege-
table seeds donated by commercial seed companies; 
and 
(2) the ability to achieve the purpose of the 
seed distribution program. 
(e) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as are nec-
essary to carry out this section for each of fiscal years 
2008 through 2012. 
SEC. 7524. LIVE VIRUS FOOT AND MOUTH DISEASE RE-
SEARCH. 
(a) IN GENERAL.—The Secretary shall issue a permit 
required under section 12 of the Act of May 29, 1884 (21 
U.S.C. 113a) to the Secretary of Homeland Security for 
work on the live virus of foot and mouth disease at any 
facility that is a successor to the Plum Island Animal Dis-
ease Center and charged with researching high-con-
sequence biological threats involving zoonotic and foreign 
animal diseases (referred to in this section as the ‘‘suc-
cessor facility’’). 
(b) LIMITATION TO SINGLE FACILITY.—Not more 
than 1 facility shall be issued a permit under subsection 
(a). 
(c) LIMITATION ON VALIDITY.—The permit issued 
under this section shall be valid unless the Secretary deter-
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mines that the study of live foot and mouth disease virus 
at the successor facility is not being carried out in accord-
ance with the regulations promulgated by the Secretary 
pursuant to the Agricultural Bioterrorism Protection Act 
of 2002 (7 U.S.C. 8401 et seq.). 
(d) AUTHORITY.—The suspension, revocation, or 
other impairment of the permit issued under this sec-
tion— 
(1) shall be made by the Secretary; and 
(2) is a nondelegable function. 
SEC. 7525. NATURAL PRODUCTS RESEARCH PROGRAM. 
(a) IN GENERAL.—The Secretary shall establish 
within the Department a natural products research pro-
gram. 
(b) DUTIES.—In carrying out the program estab-
lished under subsection (a), the Secretary shall coordinate 
research relating to natural products, including— 
(1) research to improve human health and agri-
cultural productivity through the discovery, develop-
ment, and commercialization of products and 
agrichemicals from bioactive natural products, in-
cluding products from plant, marine, and microbial 
sources; 
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(2) research to characterize the botanical 
sources, production, chemistry, and biological prop-
erties of plant-derived natural products; and 
(3) other research priorities identified by the 
Secretary. 
(c) PEER
AND MERIT REVIEW.—The Secretary 
shall— 
(1) determine the relevance and merit of re-
search under this section through a system of peer 
review established by the Secretary pursuant to sec-
tion 103 of the Agricultural Research, Extension, 
and Education Reform Act of 1998 (7 U.S.C. 7613); 
and 
(2) approve funding for research on the basis of 
merit, quality, and relevance to advancing the pur-
poses of this section. 
(d) BUILDINGS AND FACILITIES.—Funds made avail-
able under this section shall not be used for the construc-
tion of a new building or facility or the acquisition, expan-
sion, remodeling, or alteration of an existing building or 
facility (including site grading and improvement and ar-
chitect fees). 
(e) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
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1021 
such sums as are necessary for each of fiscal years 2008 
through 2012. 
SEC. 7526. SUN GRANT PROGRAM. 
(a) ESTABLISHMENT.—The Secretary shall establish 
and carry out a program to provide grants to the sun 
grant centers and subcenter specified in subsection (b)— 
(1) to enhance national energy security through 
the development, distribution, and implementation of 
biobased energy technologies; 
(2) to promote diversification in, and the envi-
ronmental sustainability of, agricultural production 
in the United States through biobased energy and 
product technologies; 
(3) to promote economic diversification in rural 
areas of the United States through biobased energy 
and product technologies; and 
(4) to enhance the efficiency of bioenergy and 
biomass 
research 
and 
development 
programs 
through improved coordination and collaboration 
among— 
(A) the Department of Agriculture; 
(B) the Department of Energy; and 
(C) land-grant colleges and universities. 
(b) GRANTS.— 
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(1) IN
GENERAL.—The Secretary shall use 
amounts made available under subsection (g) to pro-
vide grants to each of the following: 
(A) NORTH-CENTRAL CENTER.—A north- 
central sun grant center at South Dakota State 
University for the region composed of the 
States of Illinois, Indiana, Iowa, Minnesota, 
Montana, Nebraska, North Dakota, South Da-
kota, Wisconsin, and Wyoming. 
(B) SOUTHEASTERN
CENTER.—A south-
eastern sun grant center at the University of 
Tennessee at Knoxville for the region composed 
of— 
(i) the States of Alabama, Florida, 
Georgia, 
Kentucky, 
Mississippi, 
North 
Carolina, South Carolina, Tennessee, and 
Virginia; 
(ii) the Commonwealth of Puerto 
Rico; and 
(iii) the United States Virgin Islands. 
(C) SOUTH-CENTRAL CENTER.—A south- 
central sun grant center at Oklahoma State 
University for the region composed of the 
States of Arkansas, Colorado, Kansas, Lou-
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isiana, Missouri, New Mexico, Oklahoma, and 
Texas. 
(D) WESTERN
CENTER.—A western sun 
grant center at Oregon State University for the 
region composed of— 
(i) the States of Alaska, Arizona, 
California, Hawaii, Idaho, Nevada, Oregon, 
Utah, and Washington; and 
(ii) insular areas (as defined in sec-
tion 1404 of the National Agricultural Re-
search, Extension, and Teaching Policy 
Act of 1977 (7 U.S.C. 3103 (other than 
the insular areas referred to in clauses (ii) 
and (iii) of subparagraph (B))). 
(E) NORTHEASTERN
CENTER.—A north-
eastern sun grant center at Cornell University 
for the region composed of the States of Con-
necticut, Delaware, Massachusetts, Maryland, 
Maine, Michigan, New Hampshire, New Jersey, 
New York, Ohio, Pennsylvania, Rhode Island, 
Vermont, and West Virginia. 
(F) WESTERN
INSULAR
PACIFIC
SUB-
CENTER.—A western insular Pacific sun grant 
subcenter at the University of Hawaii for the 
region of Alaska, Hawaii, Guam, American 
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Samoa, the Commonwealth of the Northern 
Mariana Islands, the Federated States of Mi-
cronesia, the Republic of the Marshall Islands, 
and the Republic of Palau. 
(2) MANNER OF DISTRIBUTION.— 
(A) CENTERS.—In providing any funds 
made available under subsection (g), the Sec-
retary shall distribute the grants in equal 
amounts to the sun grant centers described in 
subparagraphs (A) through (E) of paragraph 
(1). 
(B) SUBCENTER.—The sun grant center 
described in paragraph (1)(D) shall allocate a 
portion of the funds received under paragraph 
(1) to the subcenter described in paragraph 
(1)(F) pursuant to guidance issued by the Sec-
retary. 
(3) FAILURE
TO
COMPLY
WITH
REQUIRE-
MENTS.—If the Secretary finds on the basis of a re-
view of the annual report required under subsection 
(f) or on the basis of an audit of a sun grant center 
or subcenter conducted by the Secretary that the 
center or subcenter has not complied with the re-
quirements of this section, the sun grant center or 
subcenter shall be ineligible to receive further grants 
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under this section for such period of time as may be 
prescribed by the Secretary. 
(c) USE OF FUNDS.— 
(1) COMPETITIVE GRANTS.— 
(A) IN GENERAL.—A sun grant center or 
subcenter shall use 75 percent of the funds de-
scribed in subsection (b) to provide competitive 
grants to entities that are— 
(i) eligible to receive grants under 
subsection (b)(7) of the Competitive, Spe-
cial, and Facilities Research Grant Act (7 
U.S.C. 450i(b)(7)); and 
(ii) located in the region covered by 
the sun grant center or subcenter. 
(B) ACTIVITIES.—Grants described in sub-
paragraph (A) shall be used by the grant recipi-
ent to conduct, in a manner consistent with the 
purposes described in subsection (a), multi-in-
stitutional and multistate— 
(i) research, extension, and education 
programs on technology development; and 
(ii) integrated research, extension, 
and education programs on technology im-
plementation. 
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(C) 
FUNDING
ALLOCATION.—Of 
the 
amount of funds that is used to provide grants 
under subparagraph (A), the sun grant center 
or subcenter shall use— 
(i) not less than 30 percent of the 
funds to carry out the programs described 
in subparagraph (B)(i); and 
(ii) not less than 30 percent of the 
funds to carry out the programs described 
in subparagraph (B)(ii). 
(D) ADMINISTRATION.— 
(i) PEER
AND
MERIT
REVIEW.—In 
making grants under this paragraph, a sun 
grant center or subcenter shall— 
(I) seek and accept proposals for 
grants; 
(II) determine the relevance and 
merit of proposals through a system 
of peer review similar to that estab-
lished by the Secretary pursuant to 
section 103 of the Agricultural Re-
search, Extension, and Education Re-
form Act of 1998 (7 U.S.C. 7613); 
and 
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(III) award grants on the basis 
of merit, quality, and relevance to ad-
vancing the purposes of this section. 
(ii) PRIORITY.—A sun grant center or 
subcenter shall give a higher priority to 
programs that are consistent with the plan 
approved by the Secretary under sub-
section (d). 
(iii) TERM.—A grant awarded by a 
sun grant center or subcenter shall have a 
term that does not exceed 5 years. 
(iv) MATCHING FUNDS REQUIRED.— 
(I) IN GENERAL.—Except as pro-
vided in subclauses (II) and (III), as 
a condition of receiving a grant under 
this paragraph, the sun grant center 
or subcenter shall require that not 
less than 20 percent of the cost of an 
activity described in subparagraph (B) 
be matched with funds, including in- 
kind contributions, from a non-Fed-
eral source. 
(II) EXCLUSION.—Subclause (I) 
shall not apply to fundamental re-
search (as defined in subsection (f)(1) 
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of section 251 of the Department of 
Agriculture Reorganization Act of 
1994 (7 U.S.C. 6971) (as added by 
section 7511(a)(4)). 
(III) 
REDUCTION.—The 
sun 
grant center or subcenter may reduce 
or eliminate the requirement for non- 
Federal funds under subclause (I) for 
applied research (as defined in sub-
section (f)(1) of section 251 of the 
Department of Agriculture Reorga-
nization Act of 1994 (7 U.S.C. 6971) 
(as added by section 7511(a)(4)) if 
the sun grant center or subcenter de-
termines that the reduction is nec-
essary and appropriate pursuant to 
guidance issued by the Secretary. 
(v) BUILDINGS
AND
FACILITIES.— 
Funds made available for grants shall not 
be used for the construction of a new 
building or facility or the acquisition, ex-
pansion, remodeling, or alteration of an ex-
isting building or facility (including site 
grading and improvement and architect 
fees). 
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(vi) 
LIMITATION
ON
INDIRECT 
COSTS.—A sun grant center or subcenter 
may not recover the indirect costs of mak-
ing grants under subparagraph (A). 
(2) ADMINISTRATIVE EXPENSES.—A sun grant 
center or subcenter may use up to 4 percent of the 
funds described in subsection (b) to pay administra-
tive expenses incurred in carrying out paragraph (1). 
(3) RESEARCH, EXTENSION AND EDUCATIONAL 
ACTIVITIES.—The sun grant centers and subcenter 
shall use the remainder of the funds described in 
subsection (b) to conduct, in a manner consistent 
with the purposes described in subsection (a), multi- 
institutional and multistate— 
(A) research, extension, and educational 
programs on technology development; and 
(B) integrated research, extension, and 
educational programs on technology implemen-
tation. 
(d) PLAN FOR RESEARCH ACTIVITIES TO BE FUND-
ED.— 
(1) IN GENERAL.—Subject to the availability of 
funds under subsection (g), and in cooperation with 
land-grant colleges and universities and private in-
dustry in accordance with paragraph (2), the sun 
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grant centers and subcenter shall jointly develop and 
submit to the Secretary for approval a plan for ad-
dressing the bioenergy, biomass, and gasification re-
search priorities of the Department of Agriculture 
and the Department of Energy at the State and re-
gional levels. 
(2) GASIFICATION
COORDINATION.—With re-
spect to gasification research activity, the sun grant 
centers and subcenter shall coordinate planning with 
land-grant colleges and universities in their respec-
tive regions that have ongoing research activities in 
that area. 
(3) FUNDING.—Funds described in subsection 
(c)(2) shall be available to carry out planning coordi-
nation under paragraph (1). 
(4) USE OF PLAN.—The sun grant centers and 
subcenter shall use the plan described in paragraph 
(1) in making grants under subsection (c)(1). 
(e) GRANT INFORMATION ANALYSIS CENTER.—The 
sun grant centers and subcenter shall maintain a Sun 
Grant Information Analysis Center at the sun grant cen-
ter specified in subsection (b)(1)(A) to provide the sun 
grant centers and subcenter with analysis and data man-
agement support. 
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(f) ANNUAL REPORTS.—Not later than 90 days after 
the end of each fiscal year, a sun grant center or subcenter 
receiving a grant under this section shall submit to the 
Secretary a report that describes the policies, priorities, 
and operations of the program carried out by the center 
or subcenter during the fiscal year, including— 
(1) the results of all peer and merit review pro-
cedures 
conducted 
pursuant 
to 
subsection 
(c)(1)(D)(i); and 
(2) a description of progress made in facili-
tating the priorities described in subsection (d)(1). 
(g) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$75,000,000 for each of fiscal years 2008 through 2012, 
of which not more than $4,000,000 for each fiscal year 
shall be made available to carry out subsection (e). 
SEC. 7527. STUDY AND REPORT ON FOOD DESERTS. 
(a) DEFINITION OF FOOD DESERT.—In this section, 
the term ‘‘food desert’’ means an area in the United 
States with limited access to affordable and nutritious 
food, particularly such an area composed of predominantly 
lower-income neighborhoods and communities. 
(b) STUDY AND REPORT.—The Secretary shall carry 
out a study of, and prepare a report on, food deserts. 
(c) CONTENTS.—The study and report shall— 
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(1) assess the incidence and prevalence of food 
deserts; 
(2) identify— 
(A) characteristics and factors causing and 
influencing food deserts; and 
(B) the effect on local populations of lim-
ited access to affordable and nutritious food; 
and 
(3) provide recommendations for addressing the 
causes and effects of food deserts through measures 
that include— 
(A) community and economic development 
initiatives; 
(B) incentives for retail food market devel-
opment, including supermarkets, small grocery 
stores, and farmers’ markets; and 
(C) improvements to Federal food assist-
ance and nutrition education programs. 
(d) COORDINATION WITH OTHER AGENCIES
AND 
ORGANIZATIONS.—The Secretary shall conduct the study 
under this section in coordination and consultation with— 
(1) the Secretary of Health and Human Serv-
ices; 
(2) the Administrator of the Small Business 
Administration; 
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(3) the Institute of Medicine; and 
(4) representatives of appropriate businesses, 
academic institutions, and nonprofit and faith-based 
organizations. 
(e) SUBMISSION TO CONGRESS.—Not later than 1 
year after the date of enactment of this Act, the Secretary 
shall submit to the Committee on Agriculture of the House 
of Representatives and the Committee on Agriculture, Nu-
trition, and Forestry of the Senate the report prepared 
under this section, including the findings and rec-
ommendations described in subsection (c). 
(f) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$500,000. 
SEC. 7528. DEMONSTRATION PROJECT AUTHORITY FOR 
TEMPORARY POSITIONS. 
Notwithstanding section 4703(d)(1) of title 5, United 
States Code, the amendment to the personnel manage-
ment demonstration project established in the Department 
of Agriculture (67 Fed. Reg. 70776 (2002)), shall become 
effective upon the date of enactment of this Act and shall 
remain in effect unless modified by law. 
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SEC. 7529. AGRICULTURAL AND RURAL TRANSPORTATION 
RESEARCH AND EDUCATION. 
(a) IN GENERAL.—The Secretary, in consultation 
with the Secretary of Transportation, shall make competi-
tive grants to institutions of higher education to carry out 
agricultural and rural transportation research and edu-
cation activities. 
(b) ACTIVITIES.—Research and education grants 
made under this section shall be used to address rural 
transportation and logistics needs of agricultural pro-
ducers and related rural businesses, including— 
(1) the transportation of biofuels; and 
(2) the export of agricultural products. 
(c) SELECTION CRITERIA.— 
(1) IN GENERAL.—The Secretary shall award 
grants under this section on the basis of the trans-
portation research, education, and outreach expertise 
of the applicant, as determined by the Secretary. 
(2) PRIORITY.—In awarding grants under this 
section, the Secretary shall give priority to institu-
tions of higher education for use in coordinating re-
search and education activities with other institu-
tions of higher education with similar agricultural 
and rural transportation research and education pro-
grams. 
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(d) DIVERSIFICATION OF RESEARCH.—The Secretary 
shall award grants under this section in areas that are 
regionally diverse and broadly representative of the diver-
sity of agricultural production and related transportation 
needs in the rural areas of the United States. 
(e) MATCHING FUNDS REQUIREMENT.—The Sec-
retary shall require each recipient of a grant under this 
section to provide, from non-Federal sources, in cash or 
in kind, 50 percent of the cost of carrying out activities 
under the grant. 
(f) GRANT REVIEW.—A grant shall be awarded under 
this section on a competitive, peer- and merit-reviewed 
basis in accordance with section 103(a) of the Agricultural 
Research, Extension, and Education Reform Act of 1998 
(7 U.S.C. 7613(a)). 
(g) NO DUPLICATION.—In awarding grants under 
this section, the Secretary shall ensure that activities 
funded under this section do not duplicate the efforts of 
the University Transportation Centers described in sec-
tions 5505 and 5506 of title 49, United States Code. 
(h) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$5,000,000 for each of fiscal years 2008 through 2012. 
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TITLE VIII—FORESTRY 
Subtitle A—Amendments to Coop-
erative Forestry Assistance Act 
of 1978 
SEC. 8001. NATIONAL PRIORITIES FOR PRIVATE FOREST 
CONSERVATION. 
Section 2 of the Cooperative Forestry Assistance Act 
of 1978 (16 U.S.C. 2101) is amended— 
(1) by redesignating subsections (c) and (d) as 
subsections (e) and (f), respectively; and 
(2) by inserting after subsection (b) the fol-
lowing new subsections: 
‘‘(c) PRIORITIES.—In allocating funds appropriated 
or otherwise made available under this Act, the Secretary 
shall focus on the following national private forest con-
servation priorities, notwithstanding other priorities speci-
fied elsewhere in this Act: 
‘‘(1) Conserving and managing working forest 
landscapes for multiple values and uses. 
‘‘(2) Protecting forests from threats, including 
catastrophic wildfires, hurricanes, tornados, wind-
storms, snow or ice storms, flooding, drought, 
invasive species, insect or disease outbreak, or devel-
opment, and restoring appropriate forest types in re-
sponse to such threats. 
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‘‘(3) Enhancing public benefits from private 
forests, including air and water quality, soil con-
servation, biological diversity, carbon storage, forest 
products, forestry-related jobs, production of renew-
able energy, wildlife, wildlife corridors and wildlife 
habitat, and recreation. 
‘‘(d) REPORTING REQUIREMENT.—Not later than 
September 30, 2011, the Secretary shall submit to Con-
gress a report describing how funds were used under this 
Act, and through other programs administered by the Sec-
retary, to address the national priorities specified in sub-
section (c) and the outcomes achieved in meeting the na-
tional priorities.’’. 
SEC. 8002. LONG-TERM STATE-WIDE ASSESSMENTS AND 
STRATEGIES FOR FOREST RESOURCES. 
The Cooperative Forestry Assistance Act of 1978 is 
amended by inserting after section 2 (16 U.S.C. 2101) 
the following new section: 
‘‘SEC. 2A. STATE-WIDE ASSESSMENT AND STRATEGIES FOR 
FOREST RESOURCES. 
‘‘(a) ASSESSMENT AND STRATEGIES FOR FOREST 
RESOURCES.—For a State to be eligible to receive funds 
under the authorities of this Act, the State forester of that 
State or equivalent State official shall develop and submit 
to the Secretary, not later than two years after the date 
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of enactment of the Food, Conservation, and Energy Act 
of 2008, the following: 
‘‘(1) A State-wide assessment of forest resource 
conditions, including— 
‘‘(A) the conditions and trends of forest re-
sources in that State; 
‘‘(B) the threats to forest lands and re-
sources in that State consistent with the na-
tional priorities specified in section 2(c); 
‘‘(C) any areas or regions of that State 
that are a priority; and 
‘‘(D) any multi-State areas that are a re-
gional priority. 
‘‘(2) A long-term State-wide forest resource 
strategy, including— 
‘‘(A) strategies for addressing threats to 
forest resources in the State outlined in the as-
sessment required by paragraph (1); and 
‘‘(B) a description of the resources nec-
essary for the State forester or equivalent State 
official from all sources to address the State- 
wide strategy. 
‘‘(b) UPDATING.—At such times as the Secretary de-
termines to be necessary, the State forester or equivalent 
State official shall update and resubmit to the Secretary 
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‘‘(e) SUFFICIENCY.—Once approved by the Secretary, 
a State-wide assessment and State-wide strategy devel-
oped under subsection (a) shall be deemed to be sufficient 
to satisfy all relevant State planning and assessment re-
quirements under this Act. 
‘‘(f) FUNDING.— 
‘‘(1) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to carry out 
this section up to $10,000,000 for each of fiscal 
years 2008 through 2012. 
‘‘(2) ADDITIONAL FUNDING SOURCES.—In ad-
dition to the funds appropriated for a fiscal year 
pursuant to the authorization of appropriations in 
paragraph (1) to carry out this section, the Sec-
retary may use any other funds made available for 
planning under this Act to carry out this section, ex-
cept that the total amount of combined funding used 
to 
carry 
out 
this 
section 
may 
not 
exceed 
$10,000,000 in any fiscal year. 
‘‘(g) ANNUAL REPORT ON USE OF FUNDS.—The 
State forester or equivalent State official shall submit to 
the Secretary an annual report detailing how funds made 
available to the State under this Act are being used.’’. 
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SEC. 8003. COMMUNITY FOREST AND OPEN SPACE CON-
SERVATION PROGRAM. 
(a) FINDINGS.—Congress finds that— 
(1) the Forest Service projects that, by cal-
endar year 2030, approximately 44,000,000 acres of 
privately-owned forest land will be developed 
throughout the United States; 
(2) public access to parcels of privately-owned 
forest land for outdoor recreational activities, includ-
ing hunting, fishing, and trapping, has declined and, 
as a result, participation in those activities has also 
declined in cases in which public access is not se-
cured; 
(3) rising rates of obesity and other public 
health problems relating to the inactivity of the citi-
zens of the United States have been shown to be 
ameliorated by improving public access to safe and 
attractive areas for outdoor recreation; 
(4) in rapidly-growing communities of all sizes 
throughout the United States, remaining parcels of 
forest land play an essential role in protecting public 
water supplies; 
(5) forest parcels owned by local governmental 
entities and nonprofit organizations are providing 
important demonstration sites for private land-
owners to learn forest management techniques; 
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(6) throughout the United States, communities 
of diverse types and sizes are deriving significant fi-
nancial and community benefits from managing for-
est land owned by local governmental entities for 
timber and other forest products; and 
(7) there is an urgent need for local govern-
mental entities to be able to leverage financial re-
sources in order to purchase important parcels of 
privately-owned forest land as the parcels are offered 
for sale. 
(b) COMMUNITY FOREST AND OPEN SPACE CON-
SERVATION PROGRAM.—The Cooperative Forestry Assist-
ance Act of 1978 is amended by inserting after section 
7 (16 U.S.C. 2103c) the following new section: 
‘‘SEC. 7A. COMMUNITY FOREST AND OPEN SPACE CON-
SERVATION PROGRAM. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en-
tity’ means a local governmental entity, Indian tribe, 
or nonprofit organization that owns or acquires a 
parcel under the program. 
‘‘(2) INDIAN TRIBE.—The term ‘Indian tribe’ 
has the meaning given the term in section 4 of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 450b). 
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‘‘(3) LOCAL
GOVERNMENTAL
ENTITY.—The 
term ‘local governmental entity’ includes any munic-
ipal government, county government, or other local 
government body with jurisdiction over local land 
use decisions. 
‘‘(4) NONPROFIT
ORGANIZATION.—The term 
‘nonprofit organization’ means any organization 
that— 
‘‘(A) is described in section 170(h)(3) of 
the Internal Revenue Code of 1986; and 
‘‘(B) operates in accordance with 1 or 
more of the purposes specified in section 
170(h)(4)(A) of that Code. 
‘‘(5) PROGRAM.—The term ‘Program’ means 
the community forest and open space conservation 
program established under subsection (b). 
‘‘(6) SECRETARY.—The term ‘Secretary’ means 
the Secretary of Agriculture, acting through the 
Chief of the Forest Service. 
‘‘(b) ESTABLISHMENT.—The Secretary shall estab-
lish a program, to be known as the ‘community forest and 
open space conservation program’. 
‘‘(c) GRANT PROGRAM.— 
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‘‘(1) IN GENERAL.—The Secretary may award 
grants to eligible entities to acquire private forest 
land, to be owned in fee simple, that— 
‘‘(A) are threatened by conversion to non-
forest uses; and 
‘‘(B) provide public benefits to commu-
nities, including— 
‘‘(i) economic benefits through sus-
tainable forest management; 
‘‘(ii) environmental benefits, including 
clean water and wildlife habitat; 
‘‘(iii) benefits from forest-based edu-
cational programs, including vocational 
education programs in forestry; 
‘‘(iv) benefits from serving as models 
of effective forest stewardship for private 
landowners; and 
‘‘(v) recreational benefits, including 
hunting and fishing. 
‘‘(2) FEDERAL COST SHARE.—An eligible entity 
may receive a grant under the Program in an 
amount equal to not more than 50 percent of the 
cost of acquiring 1 or more parcels, as determined 
by the Secretary. 
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‘‘(3) NON-FEDERAL SHARE.—As a condition of 
receipt of the grant, an eligible entity that receives 
a grant under the Program shall provide, in cash, 
donation, or in kind, a non-Federal matching share 
in an amount that is at least equal to the amount 
of the grant received. 
‘‘(4) APPRAISAL OF PARCELS.—To determine 
the non-Federal share of the cost of a parcel of pri-
vately-owned forest land under paragraph (2), an eli-
gible entity shall require appraisals of the land that 
comply with the Uniform Appraisal Standards for 
Federal Land Acquisitions developed by the Inter-
agency Land Acquisition Conference. 
‘‘(5) APPLICATION.—An eligible entity that 
seeks to receive a grant under the Program shall 
submit to the State forester or equivalent official (or 
in the case of an Indian tribe, an equivalent official 
of the Indian tribe) an application that includes— 
‘‘(A) a description of the land to be ac-
quired; 
‘‘(B) a forest plan that provides— 
‘‘(i) a description of community bene-
fits to be achieved from the acquisition of 
the private forest land; and 
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‘‘(ii) an explanation of the manner in 
which any private forest land to be ac-
quired using funds from the grant will be 
managed; and 
‘‘(C) such other relevant information as 
the Secretary may require. 
‘‘(6) EFFECT ON TRUST LAND.— 
‘‘(A) INELIGIBILITY.—The Secretary shall 
not provide a grant under the Program for any 
project on land held in trust by the United 
States (including Indian reservations and allot-
ment land). 
‘‘(B) ACQUIRED LAND.—No land acquired 
using a grant provided under the Program shall 
be converted to land held in trust by the United 
States on behalf of any Indian tribe. 
‘‘(7) APPLICATIONS TO SECRETARY.—The State 
forester or equivalent official (or in the case of an 
Indian tribe, an equivalent official of the Indian 
tribe) shall submit to the Secretary a list that in-
cludes a description of each project submitted by an 
eligible entity at such times and in such form as the 
Secretary shall prescribe. 
‘‘(d) DUTIES OF ELIGIBLE ENTITY.—An eligible en-
tity shall provide public access to, and manage, forest land 
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acquired with a grant under this section in a manner that 
is consistent with the purposes for which the land was ac-
quired under the Program. 
‘‘(e) PROHIBITED USES.— 
‘‘(1) IN GENERAL.—Subject to paragraphs (2) 
and (3), an eligible entity that acquires a parcel 
under the Program shall not sell the parcel or con-
vert the parcel to nonforest use. 
‘‘(2) REIMBURSEMENT OF FUNDS.—An eligible 
entity that sells or converts to nonforest use a parcel 
acquired under the Program shall pay to the Federal 
Government an amount equal to the greater of the 
current sale price, or current appraised value, of the 
parcel. 
‘‘(3) LOSS OF ELIGIBILITY.—An eligible entity 
that sells or converts a parcel acquired under the 
Program shall not be eligible for additional grants 
under the Program. 
‘‘(f) STATE ADMINISTRATION AND TECHNICAL AS-
SISTANCE.—The Secretary may allocate not more than 10 
percent of all funds made available to carry out the Pro-
gram for each fiscal year to State foresters or equivalent 
officials (including equivalent officials of Indian tribes) for 
Program administration and technical assistance. 
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‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as are nec-
essary to carry out this section.’’. 
SEC. 8004. ASSISTANCE TO THE FEDERATED STATES OF MI-
CRONESIA, THE REPUBLIC OF THE MAR-
SHALL ISLANDS, AND THE REPUBLIC OF 
PALAU. 
Section 13(d)(1) of the Cooperative Forestry Act of 
1978 (16 U.S.C. 2109(d)(1)) is amended by striking ‘‘the 
Trust Territory of the Pacific Islands,’’ and inserting ‘‘the 
Federated States of Micronesia, the Republic of the Mar-
shall Islands, the Republic of Palau,’’. 
SEC. 8005. CHANGES TO FOREST RESOURCE COORDI-
NATING COMMITTEE. 
Section 19 of the Cooperative Forestry Assistance 
Act of 1978 (16 U.S.C. 2113) is amended by striking sub-
section (a) and inserting the following new subsection: 
‘‘(a) FOREST
RESOURCE
COORDINATING
COM-
MITTEE.— 
‘‘(1) ESTABLISHMENT.—The Secretary shall es-
tablish a committee, to be known as the ‘Forest Re-
source Coordinating Committee’ (in this section re-
ferred to as the ‘Coordinating Committee’), to co-
ordinate nonindustrial private forestry activities 
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within the Department of Agriculture and with the 
private sector. 
‘‘(2) COMPOSITION.—The Coordinating Com-
mittee shall be composed of the following: 
‘‘(A) The Chief of the Forest Service. 
‘‘(B) The Chief of the Natural Resources 
Conservation Service. 
‘‘(C) The Director of the Farm Service 
Agency. 
‘‘(D) The Director of the National Insti-
tute of Food and Agriculture. 
‘‘(E) 
Non-Federal 
representatives 
ap-
pointed by the Secretary to 3 year terms, al-
though initial appointees shall have staggered 
terms, including the following persons: 
‘‘(i) At least three State foresters or 
equivalent State officials from geographi-
cally diverse regions of the United States. 
‘‘(ii) A representative of a State fish 
and wildlife agency. 
‘‘(iii) An owner of nonindustrial pri-
vate forest land. 
‘‘(iv) A forest industry representative. 
‘‘(v) A conservation organization rep-
resentative. 
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‘‘(vi) A land-grant university or col-
lege representative. 
‘‘(vii) A private forestry consultant. 
‘‘(viii) A representative from a State 
Technical Committee established under 
section 1261 of the Food Security Act of 
1985 (16 U.S.C. 3861). 
‘‘(F) Such other persons as determined by 
the Secretary to be appropriate. 
‘‘(3) CHAIRPERSON.—The Chief of the Forest 
Service shall serve as chairperson of the Coordi-
nating Committee. 
‘‘(4) DUTIES.—The Coordinating Committee 
shall— 
‘‘(A) provide direction and coordination of 
actions within the Department of Agriculture, 
and coordination with State agencies and the 
private sector, to effectively address the na-
tional priorities specified in section 2(c), with 
specific focus owners of nonindustrial private 
forest land; 
‘‘(B) clarify individual agency responsibil-
ities of each agency represented on the Coordi-
nating Committee concerning the national pri-
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orities specified in section 2(c), with specific 
focus on nonindustrial private forest land; 
‘‘(C) provide advice on the allocation of 
funds, including the competitive funds set-aside 
by sections 13A and 13B; and 
‘‘(D) assist the Secretary in developing and 
reviewing the report required by section 2(d). 
‘‘(5) MEETING.—The Coordinating Committee 
shall meet annually to discuss progress in addressing 
the national priorities specified in section 2(c) and 
issues regarding nonindustrial private forest land. 
‘‘(6) COMPENSATION.— 
‘‘(A) FEDERAL
MEMBERS.—Members of 
the Coordinating Committee who are full-time 
officers or employees of the United States shall 
receive no additional pay, allowances, or bene-
fits by reason of their service on the Coordi-
nating Committee. 
‘‘(B) NON-FEDERAL MEMBERS.—Non-fed-
eral members of the Coordinating Committee 
shall serve without pay, but may be reimbursed 
for reasonable costs incurred while performing 
their duties on behalf of the Coordinating Com-
mittee.’’. 
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SEC. 8006. CHANGES TO STATE FOREST STEWARDSHIP CO-
ORDINATING COMMITTEES. 
Section 19(b) of the Cooperative Forestry Assistance 
Act of 1978 (16 U.S.C. 2113(b)) is amended— 
(1) in paragraph (1)(B)(ii)— 
(A) by striking ‘‘and’’ at the end of sub-
clause (VII); and 
(B) by adding at the end the following new 
subclause: 
‘‘(IX) the State Technical Com-
mittee.’’. 
(2) in paragraph (2)(C), by striking ‘‘a Forest 
Stewardship Plan under paragraph (3)’’ and insert-
ing ‘‘the State-wide assessment and strategy regard-
ing forest resource conditions under section 2A’’; 
(3) by striking paragraphs (3) and (4); and 
(4) by redesignating paragraphs (5) and (6) as 
paragraphs (3) and (4), respectively. 
SEC. 8007. COMPETITION IN PROGRAMS UNDER COOPERA-
TIVE FORESTRY ASSISTANCE ACT OF 1978. 
The Cooperative Forestry Assistance Act of 1978 is 
amended by inserting after section 13 (16 U.S.C. 2109) 
the following new section: 
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‘‘SEC. 13A. COMPETITIVE ALLOCATION OF FUNDS TO STATE 
FORESTERS OR EQUIVALENT STATE OFFI-
CIALS. 
‘‘(a) COMPETITION.—Beginning not later than 3 
years after the date of the enactment of the Food, Con-
servation, and Energy Act of 2008, the Secretary shall 
competitively allocate a portion, to be determined by the 
Secretary, of the funds available under this Act to State 
foresters or equivalent State officials. 
‘‘(b) DETERMINATION.—In determining the competi-
tive allocation of funds under subsection (a), the Secretary 
shall consult with the Forest Resource Coordinating Com-
mittee established by section 19(a). 
‘‘(c) PRIORITY.—The Secretary shall give priority for 
funding to States for which the long-term State-wide for-
est resource strategies submitted under section 2A(a)(2) 
will best promote the national priorities specified in sec-
tion 2(c).’’. 
SEC. 8008. COMPETITIVE ALLOCATION OF FUNDS FOR CO-
OPERATIVE FOREST INNOVATION PARTNER-
SHIP PROJECTS. 
The Cooperative Forestry Assistance Act of 1978 is 
amended by inserting after section 13A, as added by sec-
tion 8006, the following new section: 
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‘‘SEC. 13B. COMPETITIVE ALLOCATION OF FUNDS FOR CO-
OPERATIVE FOREST INNOVATION PARTNER-
SHIP PROJECTS. 
‘‘(a) COOPERATIVE FOREST INNOVATION PARTNER-
SHIP PROJECTS.—The Secretary may competitively allo-
cate not more than 5 percent of the funds made available 
under this Act to support innovative national, regional, or 
local education, outreach, or technology transfer projects 
that the Secretary determines would substantially increase 
the ability of the Department of Agriculture to address 
the national priorities specified in section 2(c). 
‘‘(b) ELIGIBILITY.—Notwithstanding the eligibility 
limitations contained in this Act, any State or local gov-
ernment, Indian tribe, land-grant college or university, or 
private entity shall be eligible to compete for funds to be 
competitively allocated under subsection (a). 
‘‘(c) COST-SHARE REQUIREMENT.—In carrying out 
subsection (a), the Secretary shall not cover more than 
50 percent of the total cost of a project under such sub-
section. In calculating the total cost of a project and con-
tributions made with regard to the project, the Secretary 
shall include in-kind contributions.’’. 
Subtitle B—Cultural and Heritage 
Cooperation Authority 
SEC. 8101. PURPOSES. 
The purposes of this subtitle are— 
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(1) to authorize the reburial of human remains 
and cultural items on National Forest System land, 
including human remains and cultural items repatri-
ated under the Native American Graves Protection 
and Repatriation Act (25 U.S.C. 3001 et seq.); 
(2) to prevent the unauthorized disclosure of in-
formation regarding reburial sites, including the 
quantity and identity of human remains and cultural 
items on sites and the location of sites; 
(3) to authorize the Secretary of Agriculture to 
ensure access to National Forest System land, to the 
maximum extent practicable, by Indians and Indian 
tribes for traditional and cultural purposes; 
(4) to authorize the Secretary to provide forest 
products, without consideration, to Indian tribes for 
traditional and cultural purposes; 
(5) to authorize the Secretary to protect the 
confidentiality of certain information, including in-
formation that is culturally sensitive to Indian 
tribes; 
(6) to increase the availability of Forest Service 
programs and resources to Indian tribes in support 
of the policy of the United States to promote tribal 
sovereignty and self-determination; and 
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(7) to strengthen support for the policy of the 
United States of protecting and preserving the tradi-
tional, cultural, and ceremonial rites and practices of 
Indian tribes, in accordance with Public Law 95– 
341 (commonly known as the American Indian Reli-
gious Freedom Act; 42 U.S.C. 1996). 
SEC. 8102. DEFINITIONS. 
In this subtitle: 
(1) ADJACENT SITE.—The term ‘‘adjacent site’’ 
means a site that borders a boundary line of Na-
tional Forest System land. 
(2) CULTURAL
ITEMS.—The term ‘‘cultural 
items’’ has the meaning given the term in section 2 
of the Native American Graves Protection and Repa-
triation Act (25 U.S.C. 3001), except that the term 
does not include human remains. 
(3) HUMAN REMAINS.—The term ‘‘human re-
mains’’ means the physical remains of the body of 
a person of Indian ancestry. 
(4) INDIAN.—The term ‘‘Indian’’ means an in-
dividual who is a member of an Indian tribe. 
(5) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 
means any Indian or Alaska Native tribe, band, na-
tion, pueblo, village, or other community the name 
of which is included on a list published by the Sec-
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retary of the Interior pursuant to section 104 of the 
Federally Recognized Indian Tribe List Act of 1994 
(25 U.S.C. 479a–1). 
(6) LINEAL
DESCENDANT.—The term ‘‘lineal 
descendant’’ means an individual that can trace, di-
rectly and without interruption, the ancestry of the 
individual through the traditional kinship system of 
an Indian tribe, or through the common law system 
of descent, to a known Indian, the human remains, 
funerary objects, or other sacred objects of whom 
are claimed by the individual. 
(7) NATIONAL
FOREST
SYSTEM.—The term 
‘‘National Forest System’’ has the meaning given 
the term in section 11(a) of the Forest and Range-
land Renewable Resources Planning Act of 1974 (16 
U.S.C. 1609(a)). 
(8) REBURIAL SITE.—The term ‘‘reburial site’’ 
means a specific physical location at which cultural 
items or human remains are reburied. 
(9) TRADITIONAL AND CULTURAL PURPOSE.— 
The term ‘‘traditional and cultural purpose’’, with 
respect to a definable use, area, or practice, means 
that the use, area, or practice is identified by an In-
dian tribe as traditional or cultural because of the 
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long-established significance or ceremonial nature of 
the use, area, or practice to the Indian tribe. 
SEC. 8103. REBURIAL OF HUMAN REMAINS AND CULTURAL 
ITEMS. 
(a) REBURIAL SITES.—In consultation with an af-
fected Indian tribe or lineal descendant, the Secretary may 
authorize the use of National Forest System land by the 
Indian tribe or lineal descendant for the reburial of human 
remains or cultural items in the possession of the Indian 
tribe or lineal descendant that have been disinterred from 
National Forest System land or an adjacent site. 
(b) REBURIAL.—With the consent of the affected In-
dian tribe or lineal descendent, the Secretary may recover 
and rebury, at Federal expense or using other available 
funds, human remains and cultural items described in sub-
section (a) at the National Forest System land identified 
under that subsection. 
(c) AUTHORIZATION OF USE.— 
(1) IN GENERAL.—Subject to paragraph (2), 
the Secretary may authorize such uses of reburial 
sites on National Forest System land, or on the Na-
tional Forest System land immediately surrounding 
a reburial site, as the Secretary determines to be 
necessary for management of the National Forest 
System. 
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(2) AVOIDANCE OF ADVERSE IMPACTS.—In car-
rying out paragraph (1), the Secretary shall avoid 
adverse impacts to cultural items and human re-
mains, to the maximum extent practicable. 
SEC. 8104. TEMPORARY CLOSURE FOR TRADITIONAL AND 
CULTURAL PURPOSES. 
(a) RECOGNITION OF HISTORIC USE.—To the max-
imum extent practicable, the Secretary shall ensure access 
to National Forest System land by Indians for traditional 
and cultural purposes, in accordance with subsection (b), 
in recognition of the historic use by Indians of National 
Forest System land. 
(b) CLOSING LAND FROM PUBLIC ACCESS.— 
(1) AUTHORITY TO CLOSE.—Upon the approval 
by the Secretary of a request from an Indian tribe, 
the Secretary may temporarily close from public ac-
cess specifically identified National Forest System 
land to protect the privacy of tribal activities for tra-
ditional and cultural purposes. 
(2) LIMITATION.—A closure of National Forest 
System land under paragraph (1) shall affect the 
smallest practicable area for the minimum period 
necessary for activities of the applicable Indian tribe. 
(3) CONSISTENCY.—Access by Indian tribes to 
National Forest System land under this subsection 
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shall be consistent with the purposes of Public Law 
95–341 (commonly known as the American Indian 
Religious Freedom Act; 42 U.S.C. 1996). 
SEC. 8105. FOREST PRODUCTS FOR TRADITIONAL AND CUL-
TURAL PURPOSES. 
(a) IN GENERAL.—Notwithstanding section 14 of the 
National Forest Management Act of 1976 (16 U.S.C. 
472a), the Secretary may provide free of charge to Indian 
tribes any trees, portions of trees, or forest products from 
National Forest System land for traditional and cultural 
purposes. 
(b) PROHIBITION.—Trees, portions of trees, or forest 
products provided under subsection (a) may not be used 
for commercial purposes. 
SEC. 8106. PROHIBITION ON DISCLOSURE. 
(a) NONDISCLOSURE OF INFORMATION.— 
(1) IN GENERAL.—The Secretary shall not dis-
close under section 552 of title 5, United States 
Code (commonly known as the ‘‘Freedom of Infor-
mation Act’’), information relating to— 
(A) subject to subsection (b)(l), human re-
mains or cultural items reburied on National 
Forest System land under section 8103; or 
(B) subject to subsection (b)(2), resources, 
cultural items, uses, or activities that— 
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(i) have a traditional and cultural 
purpose; and 
(ii) are provided to the Secretary by 
an Indian or Indian tribe under an express 
expectation of confidentiality in the context 
of forest and rangeland research activities 
carried out under the authority of the For-
est Service. 
(2) LIMITATIONS ON DISCLOSURE.—Subject to 
subsection (b)(2), the Secretary shall not be required 
to disclose information under section 552 of title 5, 
United States Code (commonly known as the ‘‘Free-
dom of Information Act’’), concerning the identity, 
use, or specific location in the National Forest Sys-
tem of— 
(A) a site or resource used for traditional 
and cultural purposes by an Indian tribe; or 
(B) any cultural items not covered under 
section 8103. 
(b) LIMITED RELEASE OF INFORMATION.— 
(1) REBURIAL.—The Secretary may disclose in-
formation described in subsection (a)(l)(A) if, before 
the disclosure, the Secretary— 
(A) consults with an affected Indian tribe 
or lineal descendent; 
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(B) determines that disclosure of the infor-
mation— 
(i) would advance the purposes of this 
subtitle; and 
(ii) is necessary to protect the human 
remains or cultural items from harm, 
theft, or destruction; and 
(C) attempts to mitigate any adverse im-
pacts identified by an Indian tribe or lineal de-
scendant that reasonably could be expected to 
result from disclosure of the information. 
(2) OTHER INFORMATION.—The Secretary, in 
consultation with appropriate Indian tribes, may dis-
close information described under paragraph (1)(B) 
or (2) of subsection (a) if the Secretary determines 
that disclosure of the information to the public— 
(A) would advance the purposes of this 
subtitle; 
(B) would not create an unreasonable risk 
of harm, theft, or destruction of the resource, 
site, or object, including individual organic or 
inorganic specimens; and 
(C) would be consistent with other applica-
ble laws. 
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SEC. 8107. SEVERABILITY AND SAVINGS PROVISIONS. 
(a) SEVERABILITY.—If any provision of this subtitle, 
or the application of any provision of this subtitle to any 
person or circumstance is held invalid, the application of 
such provision or circumstance and the remainder of this 
subtitle shall not be affected thereby. 
(b) SAVINGS.—Nothing in this subtitle— 
(1) diminishes or expands the trust responsi-
bility of the United States to Indian tribes, or any 
legal obligation or remedy resulting from that re-
sponsibility; 
(2) alters, abridges, repeals, or affects any valid 
agreement between the Forest Service and an Indian 
tribe; 
(3) alters, abridges, diminishes, repeals, or af-
fects any reserved or other right of an Indian tribe; 
or 
(4) alters, abridges, diminishes, repeals, or af-
fects any other valid existing right relating to Na-
tional Forest System land or other public land. 
Subtitle C—Amendments to Other 
Forestry-Related Laws 
SEC. 8201. RURAL REVITALIZATION TECHNOLOGIES. 
Section 2371(d)(2) of the Food, Agriculture, Con-
servation, and Trade Act of 1990 (7 U.S.C. 6601(d)(2)) 
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is amended by striking ‘‘2004 through 2008’’ and insert-
ing ‘‘2008 through 2012’’. 
SEC. 8202. OFFICE OF INTERNATIONAL FORESTRY. 
Section 2405(d) of the Global Climate Change Pre-
vention Act of 1990 (7 U.S.C. 6704(d)) is amended by 
striking ‘‘2007’’ and inserting ‘‘2012’’. 
SEC. 8203. EMERGENCY FOREST RESTORATION PROGRAM. 
(a) ESTABLISHMENT.—Title IV of the Agricultural 
Credit Act of 1978 (16 U.S.C. 2201 et seq.) is amended 
by adding at the end the following new section: 
‘‘SEC. 407. EMERGENCY FOREST RESTORATION PROGRAM. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) 
EMERGENCY
MEASURES.—The 
term 
‘emergency measures’ means those measures that— 
‘‘(A) are necessary to address damage 
caused by a natural disaster to natural re-
sources on nonindustrial private forest land, 
and the damage, if not treated— 
‘‘(i) would impair or endanger the 
natural resources on the land; and 
‘‘(ii) would materially affect future 
use of the land; and 
‘‘(B) would restore forest health and for-
est-related resources on the land. 
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‘‘(2) NATURAL DISASTER.—The term ‘natural 
disaster’ includes wildfires, hurricanes or excessive 
winds, drought, ice storms or blizzards, floods, or 
other resource-impacting events, as determined by 
the Secretary. 
‘‘(3) 
NONINDUSTRIAL
PRIVATE
FOREST 
LAND.—The term ‘nonindustrial private forest land’ 
means rural land, as determined by the Secretary, 
that— 
‘‘(A) has existing tree cover (or had tree 
cover immediately before the natural disaster 
and is suitable for growing trees); and 
‘‘(B) is owned by any nonindustrial private 
individual, group, association, corporation, or 
other private legal entity, that has definitive de-
cision-making authority over the land. 
‘‘(4) SECRETARY.—The term ‘Secretary’ means 
the Secretary of Agriculture. 
‘‘(b) AVAILABILITY OF ASSISTANCE.—The Secretary 
may make payments to an owner of nonindustrial private 
forest land who carries out emergency measures to restore 
the land after the land is damaged by a natural disaster. 
‘‘(c) ELIGIBILITY.—To be eligible to receive a pay-
ment under subsection (b), an owner must demonstrate 
to the satisfaction of the Secretary that the nonindustrial 
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private forest land on which the emergency measures are 
carried out had tree cover immediately before the natural 
disaster. 
‘‘(d) COST SHARE REQUIREMENT.—Payments made 
under subsection (b) shall not exceed 75 percent of the 
total cost of the emergency measures carried out by an 
owner of nonindustrial private forest land. 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary such 
funds as may be necessary to carry out this section. 
Amounts so appropriated shall remain available until ex-
pended.’’. 
(b) REGULATIONS.—Not later than one year after the 
date of the enactment of this Act, the Secretary of Agri-
culture shall issue regulations to carry out section 407 of 
the Agricultural Credit Act of 1978, as added by sub-
section (a). 
SEC. 8204. PREVENTION OF ILLEGAL LOGGING PRACTICES. 
(a) DEFINITIONS.— 
(1) PLANT.—Subsection (f) of section 2 of the 
Lacey Act Amendments of 1981 (16 U.S.C. 3371) 
is amended to read as follows: 
‘‘(f) PLANT.— 
‘‘(1) IN
GENERAL.—The terms ‘plant’ and 
‘plants’ mean any wild member of the plant king-
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dom, including roots, seeds, parts, or products there-
of, and including trees from either natural or plant-
ed forest stands. 
‘‘(2) EXCLUSIONS.—The terms ‘plant’ and 
‘plants’ exclude— 
‘‘(A) common cultivars, except trees, and 
common food crops (including roots, seeds, 
parts, or products thereof); 
‘‘(B) a scientific specimen of plant genetic 
material (including roots, seeds, germplasm, 
parts, or products thereof) that is to be used 
only for laboratory or field research; and 
‘‘(C) any plant that is to remain planted or 
to be planted or replanted. 
‘‘(3) EXCEPTIONS TO APPLICATION OF EXCLU-
SIONS.—The exclusions made by subparagraphs (B) 
and (C) of paragraph (2) do not apply if the plant 
is listed— 
‘‘(A) in an appendix to the Convention on 
International Trade in Endangered Species of 
Wild Fauna and Flora (27 UST 1087; TIAS 
8249); 
‘‘(B) as an endangered or threatened spe-
cies under the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.); or 
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‘‘(C) pursuant to any State law that pro-
vides for the conservation of species that are in-
digenous to the State and are threatened with 
extinction.’’. 
(2) INCLUSION
OF
SECRETARY
OF
AGRI-
CULTURE.—Section 2(h) of the Lacey Act Amend-
ments of 1981 (16 U.S.C. 3371(h)) is amended by 
striking ‘‘plants the term means’’ and inserting 
‘‘plants, the term also means’’. 
(3) TAKEN AND TAKING.—Subsection (j) of sec-
tion 2 of the Lacey Act Amendments of 1981 (16 
U.S.C. 3371) is amended to read as follows: 
‘‘(j) TAKEN AND TAKING.— 
‘‘(1) TAKEN.—The term ‘taken’ means cap-
tured, killed, or collected and, with respect to a 
plant, also means harvested, cut, logged, or removed. 
‘‘(2) TAKING.—The term ‘taking’ means the act 
by which fish, wildlife, or plants are taken.’’. 
(b) PROHIBITED ACTS.— 
(1) OFFENSES OTHER THAN MARKING.—Sec-
tion 3(a) of the Lacey Act Amendments of 1981 (16 
U.S.C. 3372(a)) is amended— 
(A) in paragraph (2), by striking subpara-
graph (B) and inserting the following new sub-
paragraph: 
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‘‘(B) any plant— 
‘‘(i) taken, possessed, transported, or 
sold in violation of any law or regulation of 
any State, or any foreign law, that protects 
plants or that regulates— 
‘‘(I) the theft of plants; 
‘‘(II) the taking of plants from a 
park, forest reserve, or other officially 
protected area; 
‘‘(III) the taking of plants from 
an officially designated area; or 
‘‘(IV) the taking of plants with-
out, or contrary to, required author-
ization; 
‘‘(ii) taken, possessed, transported, or 
sold without the payment of appropriate 
royalties, taxes, or stumpage fees required 
for the plant by any law or regulation of 
any State or any foreign law; or 
‘‘(iii) taken, possessed, transported, or 
sold in violation of any limitation under 
any law or regulation of any State, or 
under any foreign law, governing the ex-
port or transshipment of plants; or’’; and 
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(B) in paragraph (3), by striking subpara-
graph (B) and inserting the following subpara-
graph: 
‘‘(B) to possess any plant— 
‘‘(i) taken, possessed, transported, or 
sold in violation of any law or regulation of 
any State, or any foreign law, that protects 
plants or that regulates— 
‘‘(I) the theft of plants; 
‘‘(II) the taking of plants from a 
park, forest reserve, or other officially 
protected area; 
‘‘(III) the taking of plants from 
an officially designated area; or 
‘‘(IV) the taking of plants with-
out, or contrary to, required author-
ization; 
‘‘(ii) taken, possessed, transported, or 
sold without the payment of appropriate 
royalties, taxes, or stumpage fees required 
for the plant by any law or regulation of 
any State or any foreign law; or 
‘‘(iii) taken, possessed, transported, or 
sold in violation of any limitation under 
any law or regulation of any State, or 
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under any foreign law, governing the ex-
port or transshipment of plants; or’’. 
(2) PLANT DECLARATIONS.—Section 3 of the 
Lacey Act Amendments of 1981 (16 U.S.C. 3372) 
is amended by adding at the end the following new 
subsection: 
‘‘(f) PLANT DECLARATIONS.— 
‘‘(1) IMPORT
DECLARATION.—Effective 180 
days from the date of enactment of this subsection, 
and except as provided in paragraph (3), it shall be 
unlawful for any person to import any plant unless 
the person files upon importation a declaration that 
contains— 
‘‘(A) the scientific name of any plant (in-
cluding the genus and species of the plant) con-
tained in the importation; 
‘‘(B) a description of— 
‘‘(i) the value of the importation; and 
‘‘(ii) the quantity, including the unit 
of measure, of the plant; and 
‘‘(C) the name of the country from which 
the plant was taken. 
‘‘(2) DECLARATION RELATING TO PLANT PROD-
UCTS.—Until the date on which the Secretary pro-
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mulgates a regulation under paragraph (6), a dec-
laration relating to a plant product shall— 
‘‘(A) in the case in which the species of 
plant used to produce the plant product that is 
the subject of the importation varies, and the 
species used to produce the plant product is un-
known, contain the name of each species of 
plant that may have been used to produce the 
plant product; 
‘‘(B) in the case in which the species of 
plant used to produce the plant product that is 
the subject of the importation is commonly 
taken from more than one country, and the 
country from which the plant was taken and 
used to produce the plant product is unknown, 
contain the name of each country from which 
the plant may have been taken; and 
‘‘(C) in the case in which a paper or paper-
board plant product includes recycled plant 
product, contain the average percent recycled 
content without regard for the species or coun-
try of origin of the recycled plant product, in 
addition to the information for the non-recycled 
plant content otherwise required by this sub-
section. 
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‘‘(3) EXCLUSIONS.—Paragraphs (1) and (2) 
shall not apply to plants used exclusively as pack-
aging material to support, protect, or carry another 
item, unless the packaging material itself is the item 
being imported. 
‘‘(4) REVIEW.—Not later than two years after 
the date of enactment of this subsection, the Sec-
retary shall review the implementation of each re-
quirement imposed by paragraphs (1) and (2) and 
the effect of the exclusion provided by paragraph 
(3). In conducting the review, the Secretary shall 
provide public notice and an opportunity for com-
ment. 
‘‘(5) REPORT.—Not later than 180 days after 
the date on which the Secretary completes the review 
under paragraph (4), the Secretary shall submit to 
the appropriate committees of Congress a report 
containing— 
‘‘(A) an evaluation of— 
‘‘(i) the effectiveness of each type of 
information required under paragraphs (1) 
and (2) in assisting enforcement of this 
section; and 
‘‘(ii) the potential to harmonize each 
requirement imposed by paragraphs (1) 
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and (2) with other applicable import regu-
lations in existence as of the date of the 
report; 
‘‘(B) recommendations for such legislation 
as the Secretary determines to be appropriate 
to assist in the identification of plants that are 
imported into the United States in violation of 
this section; and 
‘‘(C) an analysis of the effect of subsection 
(a) and this subsection on— 
‘‘(i) the cost of legal plant imports; 
and 
‘‘(ii) the extent and methodology of il-
legal logging practices and trafficking. 
‘‘(6) PROMULGATION
OF
REGULATIONS.—Not 
later than 180 days after the date on which the Sec-
retary completes the review under paragraph (4), the 
Secretary may promulgate regulations— 
‘‘(A) to limit the applicability of any re-
quirement imposed by paragraph (2) to specific 
plant products; 
‘‘(B) to make any other necessary modi-
fication to any requirement imposed by para-
graph (2), as determined by the Secretary 
based on the review; and 
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(1) in subsection (a)(1), by striking ‘‘section 4 
and section’’ and inserting ‘‘sections 3(f), 4, and’’; 
and 
(2) by adding at the end the following new sub-
section: 
‘‘(c) CLARIFICATION OF EXCLUSIONS FROM DEFINI-
TION OF PLANT.—The Secretary of Agriculture and the 
Secretary of the Interior, after consultation with the ap-
propriate agencies, shall jointly promulgate regulations to 
define the terms used in section 2(f)(2)(A) for the pur-
poses of enforcement under this Act.’’. 
(f) TECHNICAL CORRECTION.—Effective as of No-
vember 14, 1988, and as if included therein as enacted, 
section 102(c) of Public Law 100–653 (102 Stat. 3825) 
is amended— 
(1) by inserting ‘‘of the Lacey Act Amendments 
of 1981’’ after ‘‘Section 4’’; and 
(2) by striking ‘‘(other than section 3(b))’’ and 
inserting ‘‘(other than subsection 3(b))’’. 
SEC. 8205. HEALTHY FORESTS RESERVE PROGRAM. 
(a) ENROLLMENT.—Section 502 of the Healthy For-
ests Restoration Act of 2003 (16 U.S.C. 6572(f)(1)) is 
amended— 
(1) by striking subsections (e) and (f); 
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(2) by redesignating subsection (g) as sub-
section (f); and 
(3) by inserting after subsection (d) the fol-
lowing new subsection: 
‘‘(e) METHODS OF ENROLLMENT.— 
‘‘(1) AUTHORIZED
METHODS.—Land may be 
enrolled in the healthy forests reserve program in ac-
cordance with— 
‘‘(A) a 10-year cost-share agreement; 
‘‘(B) a 30-year easement; or 
‘‘(C)(i) a permanent easement; or 
‘‘(ii) in a State that imposes a maximum 
duration for easements, an easement for the 
maximum duration allowed under State law. 
‘‘(2) LIMITATION
ON
USE
OF
COST-SHARE 
AGREEMENTS AND EASEMENTS.— 
‘‘(A) IN GENERAL.—Of the total amount 
of funds expended under the program for a fis-
cal year to acquire easements and enter into 
cost-share agreements described in paragraph 
(1)— 
‘‘(i) not more than 40 percent shall be 
used for cost-share agreements described 
in paragraph (1)(A); and 
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‘‘(ii) not more than 60 percent shall 
be used for easements described in sub-
paragraphs (B) and (C) of paragraph (1). 
‘‘(B) REPOOLING.—The Secretary may use 
any funds allocated under clause (i) or (ii) of 
subparagraph (A) that are not obligated by 
April 1 of the fiscal year for which the funds 
are made available to carry out a different 
method of enrollment during that fiscal year. 
‘‘(3) ACREAGE OWNED BY INDIAN TRIBES.—In 
the case of acreage owned by an Indian tribe, the 
Secretary may enroll acreage into the healthy forests 
reserve program through the use of— 
‘‘(A) a 30-year contract (the value of 
which shall be equivalent to the value of a 30- 
year easement); 
‘‘(B) a 10-year cost-share agreement; or 
‘‘(C) any combination of the options de-
scribed in subparagraphs (A) and (B).’’. 
(b) FINANCIAL ASSISTANCE.—Section 504(a) of the 
Healthy Forests Restoration Act of 2003 (16 U.S.C. 
6574(a)) is amended by striking ‘‘(a) EASEMENTS OF NOT 
MORE THAN 99 YEARS’’ and all that follows through 
‘‘502(f)(1)(C)’’ and inserting the following: 
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‘‘(a) PERMANENT EASEMENTS.—In the case of land 
enrolled in the healthy forests reserve program using a 
permanent easement (or an easement described in section 
502(f)(1)(C)(ii))’’. 
(c) FUNDING.—Section 508 of the Healthy Forests 
Restoration Act of 2003 (16 U.S.C. 6578) is amended to 
read as follows: 
‘‘SEC. 508. FUNDING. 
‘‘(a) IN GENERAL.—Of the funds of the Commodity 
Credit Corporation, the Secretary of Agriculture shall 
make available $9,750,000 for each of fiscal years 2009 
through 2012 to carry out this title. 
‘‘(b) DURATION OF AVAILABILITY.—The funds made 
available under subsection (a) shall remain available until 
expended.’’. 
Subtitle D—Boundary Adjustments 
and Land Conveyance Provisions 
SEC. 8301. GREEN MOUNTAIN NATIONAL FOREST BOUND-
ARY ADJUSTMENT. 
(a) IN GENERAL.—The boundary of the Green Moun-
tain National Forest is modified to include the 13 des-
ignated expansion units as generally depicted on the forest 
maps entitled ‘‘Green Mountain Expansion Area Map I’’ 
and ‘‘Green Mountain Expansion Area Map II’’ and dated 
February 20, 2002 (copies of which shall be on file and 
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available for public inspection in the Office of the Chief 
of the Forest Service, Washington, District of Columbia), 
and more particularly described according to the site spe-
cific maps and legal descriptions on file in the office of 
the Forest Supervisor, Green Mountain National Forest. 
(b) MANAGEMENT.—Federally owned land delineated 
on the maps acquired for National Forest purposes shall 
continue to be managed in accordance with the laws (in-
cluding regulations) applicable to the National Forest Sys-
tem. 
(c) LAND AND WATER CONSERVATION FUND.—For 
the purposes of section 7 of the Land and Water Con-
servation Fund Act of 1965 (16 U.S.C. 460 l–9), the 
boundaries of the Green Mountain National Forest, as ad-
justed by this section, shall be considered to be the bound-
aries of the national forest as of January 1, 1965. 
SEC. 8302. LAND CONVEYANCES, CHIHUAHUAN DESERT NA-
TURE PARK, NEW MEXICO, AND GEORGE 
WASHINGTON NATIONAL FOREST, VIRGINIA. 
(a) CHIHUAHUAN DESERT NATURE PARK CONVEY-
ANCE.— 
(1) IN GENERAL.—As soon as practicable after 
the date of enactment of this Act, subject to valid 
existing rights and subsection (b), the Secretary of 
Agriculture shall convey to the Chihuahuan Desert 
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Nature Park, Inc., a nonprofit corporation in the 
State of New Mexico (in this section referred to as 
the ‘‘Nature Park’’), by quitclaim deed and for no 
consideration, all right, title, and interest of the 
United States in and to the land described in para-
graph (2) 
(2) DESCRIPTION OF LAND.— 
(A) IN GENERAL.—The parcel of land re-
ferred to in paragraph (1) consists of the ap-
proximately 935.62 acres of land in Dona Ana 
County, New Mexico, which is more particularly 
described— 
(i) as sections 17, 20, and 21 of T. 21 
S., R. 2 E., N.M.P.M.; and 
(ii) in an easement deed dated May 
14, 1998, from the Department of Agri-
culture to the Nature Park. 
(B) MODIFICATIONS.—The Secretary may 
modify the description of the land under sub-
paragraph (A) to— 
(i) correct errors in the description; or 
(ii) facilitate management of the land. 
(b) CONDITIONS.—The conveyance of land under 
subsection (a) shall be subject to— 
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(1) the reservation by the United States of all 
mineral and subsurface rights to the land, including 
any geothermal resources; 
(2) the condition that the Chihuahuan Desert 
Nature Park Board pay any costs relating to the 
conveyance; 
(3) any rights-of-way reserved by the Secretary; 
(4) a covenant or restriction in the deed to the 
land requiring that— 
(A) the land may be used only for edu-
cational or scientific purposes; and 
(B) if the land is no longer used for the 
purposes described in subparagraph (A), the 
land may, at the discretion of the Secretary, re-
vert to the United States in accordance with 
subsection (c); and 
(5) any other terms and conditions that the 
Secretary determines to be appropriate. 
(c) REVERSION.—If the land conveyed under sub-
section (a) is no longer used for the purposes described 
in subsection (b)(4)(A), the land may, at the discretion 
of the Secretary, revert to the United States. If the Sec-
retary chooses to have the land revert to the United 
States, the Secretary shall— 
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(1) determine whether the land is environ-
mentally contaminated, including contamination 
from hazardous wastes, hazardous substances, pol-
lutants, contaminants, petroleum, or petroleum by- 
products; and 
(2) if the Secretary determines that the land is 
environmentally contaminated, the Nature Park, the 
successor to the Nature Park, or any other person 
responsible for the contamination shall be required 
to remediate the contamination. 
(d) WITHDRAWAL.—All federally owned mineral and 
subsurface rights to the land to be conveyed under sub-
section (a) are withdrawn from— 
(1) location, entry, and patent under the mining 
laws; and 
(2) the operation of the mineral leasing laws, 
including the geothermal leasing laws. 
(e) WATER RIGHTS.—Nothing in subsection (a) au-
thorizes the conveyance of water rights to the Nature 
Park. 
(f) GEORGE WASHINGTON NATIONAL FOREST CON-
VEYANCE, VIRGINIA.— 
(1) CONVEYANCE REQUIRED.—The Secretary of 
Agriculture shall convey, without consideration, to 
the Central Advent Christian Church of Alleghany 
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County, Virginia (in this subsection referred to as 
the ‘‘recipient’’), all right, title, and interest of the 
United States in and to a parcel of real property in 
the George Washington National Forest, Alleghany 
County, Virginia, consisting of not more than 8 
acres, including a cemetery encompassing approxi-
mately 6 acres designated as an area of special use 
for the recipient, and depicted on the Forest Service 
map showing tract G–2032c and dated August 20, 
2002, and the Forest Service map showing the area 
of special use and dated March 14, 2001. 
(2) CONDITION OF CONVEYANCE.—The convey-
ance under this subsection shall be subject to the 
condition that the recipient accept the real property 
described in paragraph (1) in its condition at the 
time of the conveyance, commonly known as convey-
ance ‘‘as is’’. 
(3) DESCRIPTION
OF
PROPERTY.—The exact 
acreage and legal description of the real property to 
be conveyed under this subsection shall be deter-
mined by a survey satisfactory to the Secretary. The 
cost of the survey shall be borne by the recipient. 
(4) ADDITIONAL
TERMS
AND
CONDITIONS.— 
The Secretary may require such additional terms 
and conditions in connection with the conveyance 
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under this subsection as the Secretary considers ap-
propriate to protect the interests of the United 
States. 
SEC. 8303. SALE AND EXCHANGE OF NATIONAL FOREST 
SYSTEM LAND, VERMONT. 
(a) DEFINITIONS.—In this section: 
(1) BROMLEY.—The term ‘‘Bromley’’ means 
Bromley Mountain Ski Resort, Inc. 
(2) MAP.—The term ‘‘map’’ means the map en-
titled ‘‘Proposed Bromley Land Sale or Exchange’’ 
and dated April 7, 2004. 
(3) STATE.—The term ‘‘State’’ means the State 
of Vermont. 
(b) SALE OR EXCHANGE OF GREEN MOUNTAIN NA-
TIONAL FOREST LAND.— 
(1) IN GENERAL.—The Secretary of Agriculture 
may, under any terms and conditions that the Sec-
retary may prescribe, sell or exchange any right, 
title, and interest of the United States in and to the 
parcels of National Forest System land described in 
paragraph (2). 
(2) DESCRIPTION
OF
LAND.—The parcels of 
National Forest System land referred to in para-
graph (1) are the 5 parcels of land in Bennington 
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County in the State, as generally depicted on the 
map. 
(3) MAP AND LEGAL DESCRIPTIONS.— 
(A) IN GENERAL.—The map shall be on 
file and available for public inspection in— 
(i) the office of the Chief of the For-
est Service; and 
(ii) the office of the Supervisor of the 
Green Mountain National Forest. 
(B) MODIFICATIONS.—The Secretary may 
modify the map and legal descriptions to— 
(i) correct technical errors; or 
(ii) facilitate the conveyance under 
paragraph (1). 
(4) CONSIDERATION.—Consideration for the 
sale or exchange of land described in paragraph 
(2)— 
(A) shall be equal to an amount that is not 
less than the fair market value of the land sold 
or exchanged; and 
(B) may be in the form of cash, land, or 
a combination of cash and land. 
(5) APPRAISALS.—Any appraisal carried out to 
facilitate the sale or exchange of land under para-
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graph (1) shall conform with the Uniform Appraisal 
Standards for Federal Land Acquisitions. 
(6) METHODS OF SALE.— 
(A) CONVEYANCE TO BROMLEY.— 
(i) IN GENERAL.—Before soliciting of-
fers under subparagraph (B), the Sec-
retary shall offer to convey to Bromley the 
land described in paragraph (2). 
(ii) 
CONTRACT
DEADLINE.—If 
Bromley accepts the offer under clause (i), 
the Secretary and Bromley shall have not 
more than 180 days after the date on 
which any environmental analyses with re-
spect to the land are completed to enter 
into a contract for the sale or exchange of 
the land. 
(B) PUBLIC
OR
PRIVATE
SALE.—If the 
Secretary and Bromley do not enter into a con-
tract for the sale or exchange of the land by the 
date specified in subparagraph (A)(ii), the Sec-
retary may sell or exchange the land at public 
or private sale (including auction), in accord-
ance with such terms, conditions, and proce-
dures as the Secretary determines to be in the 
public interest. 
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(C) REJECTION
OF
OFFERS.—The Sec-
retary may reject any offer received under this 
paragraph if the Secretary determines that the 
offer is not adequate or is not in the public in-
terest. 
(D) BROKERS.—In any sale or exchange of 
land under this subsection, the Secretary 
may— 
(i) use a real estate broker or other 
third party; and 
(ii) pay the real estate broker or third 
party a commission in an amount com-
parable to the amounts of commission gen-
erally paid for real estate transactions in 
the area. 
(7) 
CASH
EQUALIZATION.—Notwithstanding 
section 206(b) of the Federal Land Policy and Man-
agement Act of 1976 (43 U.S.C. 1716(b)), the Sec-
retary may accept a cash equalization payment in 
excess of 25 percent of the value of any Federal land 
exchanged under this section. 
(c) DISPOSITION OF PROCEEDS.— 
(1) IN GENERAL.—The Secretary shall deposit 
the net proceeds from a sale or exchange under this 
section in the fund established under Public Law 
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90–171 (16 U.S.C. 484a) (commonly known as the 
‘‘Sisk Act’’). 
(2) USE.—Amounts deposited under paragraph 
(1) shall be available to the Secretary until ex-
pended, without further appropriation, for— 
(A) the location and relocation of the Ap-
palachian National Scenic Trail and the Long 
National Recreation Trail in the State; 
(B) the acquisition of land and interests in 
land by the Secretary for National Forest Sys-
tem purposes within the boundary of the Green 
Mountain National Forest, including land for 
and adjacent to the Appalachian National Sce-
nic Trail and the Long National Recreation 
Trail; 
(C) the acquisition of wetland or an inter-
est in wetland within the boundary of the Green 
Mountain National Forest to offset the loss of 
wetland from the parcels sold or exchanged; 
and 
(D) the payment of direct administrative 
costs incurred in carrying out this section. 
(3) LIMITATION.—Amounts deposited under 
paragraph (1) shall not— 
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(A) be paid or distributed to the State or 
counties or towns in the State under any provi-
sion of law; or 
(B) be considered to be money received 
from units of the National Forest System for 
purposes of— 
(i) the Act of May 23, 1908 (16 
U.S.C. 500); or 
(ii) the Act of March 4, 1913 (16 
U.S.C. 501). 
(4) PROHIBITION
OF
TRANSFER
OR
RE-
PROGRAMMING.—Amounts deposited under para-
graph (1) shall not be subject to transfer or re-
programming for wildfire management or any other 
emergency purposes. 
(d) ACQUISITION OF LAND.—The Secretary may ac-
quire, using funds made available under subsection (c) or 
otherwise made available for acquisition, land or an inter-
est in land for National Forest System purposes within 
the boundary of the Green Mountain National Forest. 
(e) EXEMPTION FROM CERTAIN LAWS.—Subtitle I of 
title 40, United States Code, shall not apply to any sale 
or exchange of National Forest System land under this 
section. 
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Subtitle E—Miscellaneous 
Provisions 
SEC. 8401. QUALIFYING TIMBER CONTRACT OPTIONS. 
(a) DEFINITIONS.—In this section: 
(1) AUTHORIZED
PRODUCER
PRICE
INDEX.— 
The term ‘‘authorized Producer Price Index’’ in-
cludes— 
(A) the softwood commodity index (code 
number WPU 0811); 
(B) the hardwood commodity index (code 
number WPU 0812); 
(C) the wood chip index (code number 
PCU 3211133211135); and 
(D) any other subsequent comparable 
index, as established by the Bureau of Labor 
Statistics of the Department of Labor and uti-
lized by the Secretary of Agriculture. 
(2) QUALIFYING CONTRACT.—The term ‘‘quali-
fying contract’’ means a contract for the sale of tim-
ber on National Forest System land— 
(A) that was awarded during the period 
beginning on July 1, 2004, and ending on De-
cember 31, 2006; 
(B) for which there is unharvested volume 
remaining; 
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(C) for which, not later than 90 days after 
the date of enactment of this Act, the timber 
purchaser makes a written request to the Sec-
retary for one or more of the options described 
in subsection (b); 
(D) that is not a salvage sale; 
(E) for which the Secretary determines 
there is not an urgent need to harvest due to 
deteriorating timber conditions that developed 
after the award of the contract; and 
(F) that is not in breach or in default. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Agriculture, acting through the 
Chief of the Forest Service. 
(b) OPTIONS FOR QUALIFYING CONTRACTS.— 
(1) CANCELLATION
OR
RATE
REDETERMINA-
TION.—Notwithstanding any other provision of law, 
if the rate at which a qualifying contract would be 
advertised as of the date of enactment of this Act 
is at least 50 percent less than the sum of the origi-
nal bid rates for all of the species of timber that are 
the subject of the qualifying contract, the Secretary 
may, at the sole discretion of the Secretary— 
(A) cancel the qualifying contract if the 
timber purchaser— 
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(i) pays 30 percent of the total value 
of the timber remaining in the qualifying 
contract based on bid rates; 
(ii) completes each contractual obliga-
tion (including the removal of downed tim-
ber, the completion of road work, and the 
completion of erosion control work) of the 
timber purchaser with respect to each unit 
on which harvest has begun to a logical 
stopping point, as determined by the Sec-
retary after consultation with the timber 
purchaser; and 
(iii) terminates its rights under the 
qualifying contract; or 
(B) modify the qualifying contract to rede-
termine the current contract rate of the quali-
fying contract to equal the sum obtained by 
adding— 
(i) 25 percent of the bid premium on 
the qualifying contract; and 
(ii) the rate at which the qualifying 
contract would be advertised as of the date 
of enactment of this Act. 
(2) SUBSTITUTION OF INDEX.— 
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(A) SUBSTITUTION.—Notwithstanding any 
other provision of law, the Secretary may, at 
the sole discretion of the Secretary, substitute 
the Producer Price Index specified in the quali-
fying contract of a timber purchaser if the tim-
ber purchaser identifies— 
(i) the products the timber purchaser 
intends to produce from the timber har-
vested under the qualifying contract; and 
(ii) a substitute index from an author-
ized Producer Price Index that more accu-
rately represents the predominant product 
identified in clause (i) for which there is an 
index. 
(B) RATE REDETERMINATION FOLLOWING 
SUBSTITUTION
OF
INDEX.—If the Secretary 
substitutes the Producer Price Index of a quali-
fying contract under subparagraph (A), the 
Secretary may, at the sole discretion of the Sec-
retary, modify the qualifying contract to provide 
for— 
(i) an emergency rate redetermination 
under the terms of the contract; or 
(ii) a rate redetermination under 
paragraph (1)(B). 
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(C) LIMITATION
ON
MARKET-RELATED 
CONTRACT
TERM
ADDITION; PERIODIC
PAY-
MENTS.—Notwithstanding any other provision 
of law, if the Secretary substitutes the Producer 
Price Index of a qualifying contract under sub-
paragraph (A), the Secretary may, at the sole 
discretion of the Secretary, modify the quali-
fying contract— 
(i) to adjust the term in accordance 
with the market-related contract term ad-
dition provision in the qualifying contract 
and section 223.52 of title 36, Code of 
Federal Regulations, as in effect on the 
date of the adjustment, but only if the 
drastic reduction criteria in such section 
are met for 2 or more consecutive calendar 
year quarters beginning with the calendar 
quarter in which the Secretary substitutes 
the Producer Price Index under subpara-
graph (A); and 
(ii) to adjust the periodic payments 
required under the contract in accordance 
with applicable law and policies. 
(3) CONTRACTS
USING
HARDWOOD
LUMBER 
INDEX.—With respect to a qualifying contract using 
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the hardwood commodity index referred to in sub-
section (a)(1)(B) for which the Secretary does not 
substitute the Producer Price Index under para-
graph (2), the Secretary may, at the sole discretion 
of the Secretary— 
(A) extend the contract term for a 1-year 
period beginning on the current contract termi-
nation date; and 
(B) adjust the periodic payments required 
under the contract in accordance with applica-
ble law and policies. 
(c) EXTENSION
OF MARKET-RELATED CONTRACT 
TERM
ADDITION
TIME
LIMIT
FOR
CERTAIN
CON-
TRACTS.—Notwithstanding any other provision of law, 
upon the written request of a timber purchaser, the Sec-
retary may, at the sole discretion of the Secretary, modify 
a timber sale contract (including a qualifying contract) 
awarded to the purchaser before January 1, 2007, to ad-
just the term of the contract in accordance with the mar-
ket-related contract term addition provision in the con-
tract and section 223.52 of title 36, Code of Federal Regu-
lations, as in effect on the date of the modification, except 
that the Secretary may add no more than 4 years to the 
original contract length. 
(d) EFFECT OF OPTIONS.— 
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(1) NO SURRENDER OF CLAIMS.—Operation of 
this section shall not have the effect of surrendering 
any claim by the United States against any timber 
purchaser that arose— 
(A) under a qualifying contract before the 
date on which the Secretary cancels the con-
tract or redetermines the rate under subsection 
(b)(1), substitutes a Producer Price Index 
under subsection (b)(2), or modifies the con-
tract under subsection (b)(3); or 
(B) under a timber sale contract, including 
a qualifying contract, before the date on which 
the Secretary adjusts the contract term under 
subsection (c). 
(2) RELEASE OF LIABILITY.—In the written re-
quest for any option provided under subsections (b) 
and (c), a timber purchaser shall release the United 
States from all liability, including further consider-
ation or compensation, resulting from— 
(A) the cancellation of a qualifying con-
tract of the purchaser or rate redetermination 
under subsection (b)(1), the substitution of a 
Producer Price Index under subsection (b)(2), 
the modification of the contract under sub-
section (b)(3) or a determination by the Sec-
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retary not to provide the cancellation, redeter-
mination, substitution, or modification; or 
(B) the modification of the term of a tim-
ber sale contract (including a qualifying con-
tract) of the purchaser under subsection (c) or 
a determination by the Secretary not to provide 
the modification. 
(3) 
LIMITATION.—Subject 
to 
subsection 
(b)(1)(A), the cancellation of a qualifying contract 
by the Secretary under subsection (b)(1) shall re-
lease the timber purchaser from further obligation 
under the canceled contract. 
SEC. 
8402. 
HISPANIC-SERVING 
INSTITUTION 
AGRICUL-
TURAL LAND NATIONAL RESOURCES LEAD-
ERSHIP PROGRAM. 
(a) DEFINITION
OF HISPANIC-SERVING INSTITU-
TION.—In this section, the term ‘‘Hispanic-serving institu-
tion’’ has the meaning given that term in section 
502(a)(5) of the Higher Education Act of 1965 (20 U.S.C. 
1101a(a)(5)). 
(b) GRANT AUTHORITY.—The Secretary of Agri-
culture may make grants, on a competitive basis, to His-
panic-serving institutions for the purpose of establishing 
an undergraduate scholarship program to assist in the re-
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cruitment, retention, and training of Hispanics and other 
under-represented groups in forestry and related fields. 
(c) USE OF GRANT FUNDS.—Grants made under this 
section shall be used to recruit, retain, train, and develop 
professionals to work in forestry and related fields with 
Federal agencies, such as the Forest Service, State agen-
cies, and private-sector entities. 
(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary for 
each of fiscal years 2008 through 2012 such sums as may 
be necessary to carry out this section. 
TITLE IX—ENERGY 
SEC. 9001. ENERGY. 
(a) IN GENERAL.—Title IX of the Farm Security and 
Rural Investment Act of 2002 (7 U.S.C. 8101 et seq.) 
is amended to read as follows: 
‘‘TITLE IX—ENERGY 
‘‘SEC. 9001. DEFINITIONS. 
‘‘Except as otherwise provided, in this title: 
‘‘(1) ADMINISTRATOR.—The term ‘Adminis-
trator’ means the Administrator of the Environ-
mental Protection Agency. 
‘‘(2) ADVISORY COMMITTEE.—The term ‘Advi-
sory Committee’ means the Biomass Research and 
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Development Technical Advisory Committee estab-
lished by section 9008(d)(1). 
‘‘(3) ADVANCED BIOFUEL.— 
‘‘(A) IN GENERAL.—The term ‘advanced 
biofuel’ means fuel derived from renewable bio-
mass other than corn kernel starch. 
‘‘(B) INCLUSIONS.—Subject to subpara-
graph (A), the term ‘advanced biofuel’ in-
cludes— 
‘‘(i) biofuel derived from cellulose, 
hemicellulose, or lignin; 
‘‘(ii) biofuel derived from sugar and 
starch (other than ethanol derived from 
corn kernel starch); 
‘‘(iii) biofuel derived from waste mate-
rial, including crop residue, other vegeta-
tive waste material, animal waste, food 
waste, and yard waste; 
‘‘(iv) diesel-equivalent fuel derived 
from renewable biomass, including vege-
table oil and animal fat; 
‘‘(v) biogas (including landfill gas and 
sewage waste treatment gas) produced 
through the conversion of organic matter 
from renewable biomass; 
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‘‘(vi) butanol or other alcohols pro-
duced through the conversion of organic 
matter from renewable biomass; and 
‘‘(vii) other fuel derived from cel-
lulosic biomass. 
‘‘(4) BIOBASED PRODUCT.—The term ‘biobased 
product’ means a product determined by the Sec-
retary to be a commercial or industrial product 
(other than food or feed) that is— 
‘‘(A) composed, in whole or in significant 
part, of biological products, including renewable 
domestic agricultural materials and forestry 
materials; or 
‘‘(B) an intermediate ingredient or feed-
stock. 
‘‘(5) BIOFUEL.—The term ‘biofuel’ means a 
fuel derived from renewable biomass. 
‘‘(6) BIOMASS
CONVERSION
FACILITY.—The 
term ‘biomass conversion facility’ means a facility 
that converts or proposes to convert renewable bio-
mass into— 
‘‘(A) heat; 
‘‘(B) power; 
‘‘(C) biobased products; or 
‘‘(D) advanced biofuels. 
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‘‘(7) BIOREFINERY.—The term ‘biorefinery’ 
means a facility (including equipment and processes) 
that— 
‘‘(A) converts renewable biomass into 
biofuels and biobased products; and 
‘‘(B) may produce electricity. 
‘‘(8) BOARD.—The term ‘Board’ means the 
Biomass Research and Development Board estab-
lished by section 9008(c). 
‘‘(9) INDIAN TRIBE.—The term ‘Indian tribe’ 
has the meaning given the term in section 4 of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 450b). 
‘‘(10) INSTITUTION OF HIGHER EDUCATION.— 
The term ‘institution of higher education’ has the 
meaning given the term in section 102(a) of the 
Higher Education Act of 1965 (20 U.S.C. 1002(a)). 
‘‘(11) INTERMEDIATE
INGREDIENT
OR
FEED-
STOCK.—The term ‘intermediate ingredient or feed-
stock’ means a material or compound made in whole 
or in significant part from biological products, in-
cluding renewable agricultural materials (including 
plant, animal, and marine materials) or forestry ma-
terials, that are subsequently used to make a more 
complex compound or product. 
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1103 
‘‘(12) RENEWABLE
BIOMASS.—The term ‘re-
newable biomass’ means— 
‘‘(A) materials, pre-commercial thinnings, 
or invasive species from National Forest Sys-
tem land and public lands (as defined in section 
103 of the Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1702)) that— 
‘‘(i) are byproducts of preventive 
treatments that are removed— 
‘‘(I) to reduce hazardous fuels; 
‘‘(II) to reduce or contain disease 
or insect infestation; or 
‘‘(III) 
to 
restore 
ecosystem 
health; 
‘‘(ii) would not otherwise be used for 
higher-value products; and 
‘‘(iii) are harvested in accordance 
with— 
‘‘(I) applicable law and land 
management plans; and 
‘‘(II) the requirements for— 
‘‘(aa) 
old-growth 
mainte-
nance, restoration, and manage-
ment direction of paragraphs (2), 
(3), and (4) of subsection (e) of 
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section 102 of the Healthy For-
ests Restoration Act of 2003 (16 
U.S.C. 6512); and 
‘‘(bb) large-tree retention of 
subsection (f) of that section; or 
‘‘(B) any organic matter that is available 
on a renewable or recurring basis from non- 
Federal land or land belonging to an Indian or 
Indian tribe that is held in trust by the United 
States or subject to a restriction against alien-
ation imposed by the United States, including— 
‘‘(i) renewable plant material, includ-
ing— 
‘‘(I) feed grains; 
‘‘(II) other agricultural commod-
ities; 
‘‘(III) other plants and trees; and 
‘‘(IV) algae; and 
‘‘(ii) waste material, including— 
‘‘(I) crop residue; 
‘‘(II) other vegetative waste ma-
terial (including wood waste and wood 
residues); 
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‘‘(III) animal waste and byprod-
ucts (including fats, oils, greases, and 
manure); and 
‘‘(IV) food waste and yard waste. 
‘‘(13) RENEWABLE ENERGY.—The term ‘renew-
able energy’ means energy derived from— 
‘‘(A) a wind, solar, renewable biomass, 
ocean (including tidal, wave, current, and ther-
mal), geothermal, or hydroelectric source; or 
‘‘(B) hydrogen derived from renewable bio-
mass or water using an energy source described 
in subparagraph (A). 
‘‘(14) 
SECRETARY.—The 
term 
‘Secretary’ 
means the Secretary of Agriculture. 
‘‘SEC. 9002. BIOBASED MARKETS PROGRAM. 
‘‘(a) FEDERAL PROCUREMENT OF BIOBASED PROD-
UCTS.— 
‘‘(1) DEFINITION OF PROCURING AGENCY.—In 
this 
subsection, 
the 
term 
‘procuring 
agency’ 
means— 
‘‘(A) any Federal agency that is using 
Federal funds for procurement; or 
‘‘(B) a person that is a party to a contract 
with any Federal agency, with respect to work 
performed under such a contract. 
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‘‘(2) PROCUREMENT PREFERENCE.— 
‘‘(A) IN GENERAL.— 
‘‘(i) PROCURING
AGENCY
DUTIES.— 
Except as provided in clause (ii) and sub-
paragraph (B), after the date specified in 
applicable guidelines prepared pursuant to 
paragraph (3), each procuring agency 
shall— 
‘‘(I) establish a procurement pro-
gram, develop procurement specifica-
tions, and procure biobased products 
identified under the guidelines de-
scribed in paragraph (3) in accord-
ance with this section; and 
‘‘(II) with respect to items de-
scribed in the guidelines, give a pro-
curement preference to those items 
that— 
‘‘(aa) are composed of the 
highest percentage of biobased 
products practicable; or 
‘‘(bb) comply with the regu-
lations issued under section 103 
of Public Law 100–556 (42 
U.S.C. 6914b–1). 
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‘‘(ii) EXCEPTION.—The requirements 
of clause (i)(I) to establish a procurement 
program and develop procurement speci-
fications shall not apply to a person de-
scribed in paragraph (1)(B). 
‘‘(B) FLEXIBILITY.—Notwithstanding sub-
paragraph (A), a procuring agency may decide 
not to procure items described in that subpara-
graph if the procuring agency determines that 
the items— 
‘‘(i) are not reasonably available with-
in a reasonable period of time; 
‘‘(ii) fail to meet— 
‘‘(I) the performance standards 
set forth in the applicable specifica-
tions; or 
‘‘(II) the reasonable performance 
standards of the procuring agencies; 
or 
‘‘(iii) are available only at an unrea-
sonable price. 
‘‘(C) 
MINIMUM
REQUIREMENTS.—Each 
procurement program required under this sub-
section shall, at a minimum— 
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‘‘(i) be consistent with applicable pro-
visions of Federal procurement law; 
‘‘(ii) ensure that items composed of 
biobased products will be purchased to the 
maximum extent practicable; 
‘‘(iii) include a component to promote 
the procurement program; 
‘‘(iv) provide for an annual review and 
monitoring of the effectiveness of the pro-
curement program; and 
‘‘(v) adopt 1 of the 2 polices described 
in subparagraph (D) or (E), or a policy 
substantially equivalent to either of those 
policies. 
‘‘(D) CASE-BY-CASE POLICY.— 
‘‘(i) IN
GENERAL.—Subject to sub-
paragraph (B) and except as provided in 
clause (ii), a procuring agency adopting 
the case-by-case policy shall award a con-
tract to the vendor offering an item com-
posed of the highest percentage of biobased 
products practicable. 
‘‘(ii) EXCEPTION.—Subject to sub-
paragraph (B), an agency adopting the 
policy described in clause (i) may make an 
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award to a vendor offering items with less 
than the maximum biobased products con-
tent. 
‘‘(E) MINIMUM
CONTENT
STANDARDS.— 
Subject to subparagraph (B), a procuring agen-
cy adopting the minimum content standards 
policy shall establish minimum biobased prod-
ucts content specifications for awarding con-
tracts in a manner that ensures that the 
biobased products content required is consistent 
with this subsection. 
‘‘(F) 
CERTIFICATION.—After 
the 
date 
specified in any applicable guidelines prepared 
pursuant to paragraph (3), contracting offices 
shall require that vendors certify that the 
biobased products to be used in the perform-
ance of the contract will comply with the appli-
cable specifications or other contractual require-
ments. 
‘‘(3) GUIDELINES.— 
‘‘(A) IN GENERAL.—The Secretary, after 
consultation with the Administrator, the Ad-
ministrator of General Services, and the Sec-
retary of Commerce (acting through the Direc-
tor of the National Institute of Standards and 
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Technology), shall prepare, and from time to 
time revise, guidelines for the use of procuring 
agencies in complying with the requirements of 
this subsection. 
‘‘(B) 
REQUIREMENTS.—The 
guidelines 
under this paragraph shall— 
‘‘(i) designate those items (including 
finished products) that are or can be pro-
duced with biobased products (including 
biobased products for which there is only a 
single product or manufacturer in the cat-
egory) that will be subject to the pref-
erence described in paragraph (2); 
‘‘(ii) designate those intermediate in-
gredients and feedstocks that are or can be 
used to produce items that will be subject 
to the preference described in paragraph 
(2); 
‘‘(iii) automatically designate items 
composed of intermediate ingredients and 
feedstocks designated under clause (ii), if 
the content of the designated intermediate 
ingredients and feedstocks exceeds 50 per-
cent of the item (unless the Secretary de-
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‘‘SEC. 9004. REPOWERING ASSISTANCE. 
‘‘(a) IN GENERAL.—The Secretary shall carry out a 
program to encourage biorefineries in existence on the 
date of enactment of the Food, Conservation, and Energy 
Act of 2008 to replace fossil fuels used to produce heat 
or power to operate the biorefineries by making payments 
for— 
‘‘(1) the installation of new systems that use re-
newable biomass; or 
‘‘(2) the new production of energy from renew-
able biomass. 
‘‘(b) PAYMENTS.— 
‘‘(1) IN GENERAL.—The Secretary may make 
payments under this section to any biorefinery that 
meets the requirements of this section for a period 
determined by the Secretary. 
‘‘(2) AMOUNT.—The Secretary shall determine 
the amount of payments to be made under this sec-
tion to a biorefinery after considering— 
‘‘(A) the quantity of fossil fuels a renew-
able biomass system is replacing; 
‘‘(B) the percentage reduction in fossil fuel 
used by the biorefinery that will result from the 
installation of the renewable biomass system; 
and 
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(1) by striking ‘‘If an officer’’ and inserting the 
following: 
‘‘(a) IN GENERAL.—If an officer’’; 
(2) by striking ‘‘With respect to’’ and inserting 
the following: 
‘‘(b) FARM SERVICE AGENCY.—With respect to’’; 
(3) by striking ‘‘If a mediation’’; and inserting 
the following: 
‘‘(c) MEDIATION.—If a mediation’’; and 
(4) in subsection (c) (as so designated)— 
(A) by striking ‘‘participant shall be of-
fered’’ and inserting ‘‘participant shall— 
‘‘(1) be offered’’; and 
(B) by striking the period at the end and 
inserting the following: ‘‘; and 
‘‘(2) to the maximum extent practicable, be al-
lowed to use both informal agency review and medi-
ation to resolve disputes under that title.’’. 
SEC. 12033. SUPPLEMENTAL AGRICULTURAL DISASTER AS-
SISTANCE. 
(a) IN GENERAL.—The Federal Crop Insurance Act 
(7 U.S.C. 1501 et seq.) is amended by adding at the end 
the following: 
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