H. R. 2330—34
chapter 4, subtitle D, title XII of the Food Security Act of 1985,
for technical assistance to implement the Conservation Reserve
Program authorized by subchapter B, chapter 1, title XII of the
Food Security Act of 1985, with funds to remain available until
expended.
SEC. 737. Notwithstanding any other provision of law, the
City of St. Joseph, Missouri, shall be eligible for grants and loans
administered by the rural development mission area of the Depart-
ment of Agriculture relating to an application submitted to the
Department by a farmer-owned cooperative, a majority of whose
members reside in a rural area, as determined by the Secretary,
and for the purchase and operation of a facility beneficial to the
purpose of the cooperative.
SEC. 738. Notwithstanding any other provision of law, the
Secretary of Agriculture shall consider the City of Hollister, Cali-
fornia, as meeting the requirements of a rural area for the purposes
of housing programs in the rural development mission areas of
the Department of Agriculture.
SEC. 739. None of the funds appropriated or otherwise made
available by this Act may be used to maintain, modify, or implement
any assessment against agricultural producers as part of a com-
modity promotion, research, and consumer information order,
known as a check-off program, that has not been approved by
the affected producers in accordance with the statutory require-
ments applicable to the order.
SEC. 740. None of the funds made available to the Food and
Drug Administration by this Act shall be used to close or relocate,
or to plan to close or relocate, the Food and Drug Administration
Division of Drug Analysis (recently renamed the Division of
Pharmaceutical Analysis) in St. Louis, Missouri, except that funds
could be used to plan a possible relocation of this Division within
the city limits of St. Louis, Missouri.
SEC. 741. MARKET LOSS ASSISTANCE FOR APPLE PRODUCERS
(a) ASSISTANCE AVAILABLE.—The Secretary of Agriculture shall use
$75,000,000 of funds of the Commodity Credit Corporation to make
payments as soon as possible after the date of the enactment
of this Act to apple producers to provide relief for the loss of
markets for their 2000 crop.
(b) PAYMENT BASIS.—The amount of the payment to a producer
under subsection (a) shall be made on a per pound basis equal
to each qualifying producer’s 2000 production of apples, except
that the Secretary shall not make payments for that amount of
a particular farm’s apple production that is in excess of 20,000,000
pounds.
(c) DUPLICATIVE PAYMENTS.—A producer shall be ineligible for
payments under this section with respect to a market loss for
apples to the extent of that amount that the producer received
as compensation or assistance for the same loss under any other
Federal program, other than under the Federal Crop Insurance
Act (7 U.S.C. 1501 et seq.).
(d) OTHER TERMS AND CONDITIONS.—The Secretary shall not
establish any terms or conditions for producer eligibility, such as
limits based upon gross income, other than those specified in this
section.
(e) APPLICABILITY.—This section applies only with respect to
the 2000 crop of apples and producers of that crop.
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SEC. 742. No funds appropriated or otherwise made available
under this Act shall be made available to any person or entity
that has been convicted of violating the Act of March 3, 1933
(41 U.S.C. 10a–10c; popularly known as the ‘‘Buy American Act’’).
SEC. 743. Section 17(a)(2)(B) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1766(a)(2)(B)) is amended by striking
‘‘2001’’ and inserting ‘‘2002’’.
SEC. 744. Notwithstanding any other provision of law, the
Natural Resources Conservation Service shall provide financial and
technical assistance in the amount of $150,000 to the Mallard
Pointe project in Madison County, Mississippi.
SEC. 745. Notwithstanding any other provision of law, the
Secretary of Agriculture shall, in cooperation with the State of
Illinois, develop and implement a pilot project utilizing conservation
programs of the Department of Agriculture for soil, water, wetlands,
and wildlife habitat enhancement in the Illinois River Basin: Pro-
vided, That no funds shall be made available to carry out this
section unless they are expressly provided for a program in this
Act or any other Act for obligation in fiscal year 2002: Provided
further, That any conservation reserve program enrollments made
pursuant to this section shall be subject to section 734 of this
Act.
SEC. 746. Notwithstanding any other provision of law, the
Natural Resources Conservation Service shall provide $250,000 for
a wetlands restoration and water conservation project in the vicinity
of Jamestown, Rhode Island.
SEC. 747. Notwithstanding any other provision of law,
$3,000,000 shall be made available from funds under the rural
business and cooperative development programs of the Rural
Community Advancement Program for a grant for an integrated
ethanol plant, feedlot, and animal waste digestion unit, to the
extent matching funds from the Department of Energy are provided
if a commitment for such matching funds is made prior to July
1, 2002: Provided, That such funds shall be released to the project
after the farmer-owned cooperative equity is in place, and a formally
executed commitment from a qualified lender based upon receipt
of necessary permits, contract, and other appropriate documentation
has been secured by the project.
SEC. 748. Hereafter, notwithstanding any other provision of
law, the Administrator of the Rural Utilities Service shall use
the authorities provided in the Rural Electrification Act of 1936
to finance the acquisition of existing generation, transmission and
distribution systems and facilities serving high cost, predominantly
rural areas by entities capable of and dedicated to providing or
improving service in such areas in an efficient and cost effective
manner.
SEC. 749. Notwithstanding subsection (f) of section 156 of the
Agricultural Market Transition Act (7 U.S.C. 7272(f)), any assess-
ment imposed under that subsection for marketings of raw cane
sugar or beet sugar for the 2002 fiscal year shall not be required
to be remitted to the Commodity Credit Corporation before Sep-
tember 2, 2002.
SEC. 750. Notwithstanding any other provision of law, the
Secretary of Agriculture, acting through the Natural Resources
Conservation Service, shall provide financial assistance from avail-
able funds from the Emergency Watershed Protection Program
in Arkansas, in an amount not to exceed $400,000 for completion
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of the current construction phase of the Kuhn Bayou (Point Remove)
Project.
SEC. 751. (a) TEMPORARY USE OF EXISTING PAYMENTS TO STATES
TABLE.—Notwithstanding section 101(a)(1) of the Secure Rural
Schools and Community Self-Determination Act of 2000 (Public
Law 106–393; 16 U.S.C. 500 note), for the purpose of making
the fiscal year 2001 payments under section 102 of such Act to
eligible States and eligible counties, the full payment amount for
each eligible State and eligible county shall be deemed to be equal
to the full payment amount calculated for that eligible State or
eligible county in the Forest Service document entitled ‘‘P.L. 106–
393, Secure Rural Schools and Community Self-Determination Act’’
and dated July 31, 2001, subject to the adjustment required by
section 101(b) of such Act.
(b) REVISION OF TABLE.—For the purpose of making payments
under section 102 of such Act to eligible States and eligible counties
for fiscal years 2002 through 2006, as required by section 101(a)(1)
of such Act, the Secretary of Agriculture shall revise the table
referred to in subsection (a) to accurately reflect, to the maximum
extent practicable, each eligible State’s and eligible county’s historic
share of the 25-percent payments and safety net payments made
for the fiscal years of the eligibility period.
(c) REPORTING REQUIREMENT.—Not later than March 1, 2002,
the Secretary of Agriculture shall submit to the Committee on
Energy and Natural Resources of the Senate and the Committee
on Agriculture of the House of Representatives a report containing
the revisions made to the table referred to in subsection (a), as
required by subsection (b).
(d) ADDITIONAL ELIGIBLE COUNTY ELECTION.—Notwithstanding
section 102(b)(2) of such Act, if the revision pursuant to subsection
(b) of the table referred to in subsection (a) results in a reduced
full payment amount for an eligible county that elected under
section 102(b) of such Act to receive the full payment amount,
the eligible county shall have a 90-day period, beginning on the
date the revised table is first available to the public, during which
to reconsider and change its election. The eligible county shall
notify the Secretary of Agriculture of any change in its election
before the end of such period. If an eligible county elects under
this subsection to receive the 25-percent payment in place of the
full payment amount, the election shall be effective for 1 year.
(e) TREATMENT OF CERTAIN MINERAL LEASING RECEIPTS.—(1)
An eligible county that elects under section 102(b) of such Act
to receive its share of an eligible State’s full payment amount
shall continue to receive its share of any payments made to that
State from a lease for mineral resources issued by the Secretary
of the Interior under the last paragraph under the heading ‘‘FOREST
SERVICE.’’ in the Act of March 4, 1917 (Chapter 179; 16 U.S.C.
520).
(2) Section 6(b) of the Mineral Leasing Act for Acquired Lands
(30 U.S.C. 355(b)) is amended by inserting after the first sentence
the following new sentence: ‘‘The preceding sentence shall also
apply to any payment to a State derived from a lease for mineral
resources issued by the Secretary of the Interior under the last
paragraph under the heading ‘FOREST SERVICE.’ in the Act of March
4, 1917 (Chapter 179; 16 U.S.C. 520).’’.
(f) DEFINITIONS.—In this section, the terms ‘‘eligible State’’,
‘‘eligible county’’, ‘‘eligibility period’’, ‘‘full payment amount’’, ‘‘25-
H. R. 2330—37
percent payment’’, and ‘‘safety net payments’’ have the meanings
given such terms in section 3 of such Act, and the term ‘‘such
Act’’ means the Secure Rural Schools and Community Self-Deter-
mination Act of 2000 (Public Law 106–393; 16 U.S.C. 500 note).
SEC. 752. ALASKA PERMANENT FUND. Section 501(b) of the
Housing Act of 1949 (42 U.S.C. 1471) is amended in paragraph
(5)—
(1) by striking ‘‘(5)’’ and inserting ‘‘(5)(A)’’; and
(2) by adding at the end the following:
‘‘(B) For purposes of this title, for fiscal years 2002 and
2003, the term ‘income’ does not include dividends received
from the Alaska Permanent Fund by a person who was under
the age of 18 years when that person qualified for the divi-
dend.’’.
SEC. 753. Hereafter, any provision of any Act of Congress
relating to colleges and universities eligible to receive funds under
the Act of August 30, 1890, including Tuskegee University, shall
apply to West Virginia State College at Institute, West Virginia:
Provided, That the Secretary may waive the matching funds’
requirement under section 1449 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3222d) for fiscal year 2002 for West Virginia State College if the
Secretary determines the State of West Virginia will be unlikely
to satisfy the matching requirement.
SEC. 754. Notwithstanding any other provision of law, the
Secretary, acting through the Natural Resources Conservation
Service, shall provide financial and technical assistance relating
to the Tanana River bordering the Big Delta State Historical Park.
SEC. 755. None of the funds appropriated or otherwise made
available by this Act to the Food and Drug Administration shall
be used to allow admission of fish or fish products labeled wholly
or in part as ‘‘catfish’’ unless the products are taxonomically from
the family Ictaluridae.
SEC. 756. The Secretary of Agriculture is authorized to accept
any unused funds transferred to the Alaska Railroad Corporation
for avalanche control and retransfer up to $499,000 of such funds
as a direct lump sum payment to the City of Valdez to construct
an avalanche control wall to protect a public school.
SEC. 757. The Secretary of Agriculture may use not more than
$5,000,000 of funds of the Commodity Credit Corporation to pay
claims of crop damage, upon consultation with the Secretary of
the Interior, that resulted from the Bureau of Land Management’s
use of herbicides during the 2001 calendar year in the State of
Idaho: Provided, That if the amount provided in this section is
not sufficient to pay all approved claims the Secretary of Agriculture
shall reduce all approved claims on a pro rata basis related to
the degree of loss in production: Provided further, That nothing
in this section shall be construed to constitute an admission of
liability by the United States arising from the use by the Bureau
of Land Management of the herbicide Oust: Provided further, That
the issuance of regulations promulgated pursuant to this section
shall be made without regard to: (1) the notice and comment provi-
sions of section 553 of title 5, United States Code; (2) the Statement
of Policy of the Secretary of Agriculture effective July 24, 1971
(36 Fed. Reg. 13804), relating to notices of proposed rulemaking
and public participation in rulemaking; and (3) chapter 35 of title