580 
(3) making use of the best available peer-re-
viewed science regarding environmental and chemical 
stressors on pollinator health; and 
(4) regularly monitoring and reporting on the 
health and population status of managed and native 
pollinators including bees, birds, bats, and other spe-
cies. 
(b) TASK FORCE ON BEE HEALTH AND COMMERCIAL 
BEEKEEPING.— 
(1) ESTABLISHMENT.—The Secretary shall es-
tablish a task force— 
(A) to coordinate Federal efforts carried 
out on or after the date of enactment of this 
Act to address the serious worldwide decline in 
bee health, especially honey bees and declining 
native bees; and 
(B) to assess Federal efforts to mitigate 
pollinator losses and threats to the United 
States commercial beekeeping industry. 
(2) AGENCY CONSULTATION.—The task force 
established under this subsection shall seek ongoing 
consultation from any Federal agency carrying out 
activities important to bee health and commercial 
beekeeping, including officials from— 
(A) the Department of Agriculture;
581 
(B) the Department of the Interior; 
(C) the Environmental Protection Agency; 
(D) the Food and Drug Administration; 
(E) the Department of Commerce; and 
(F) U.S. Customs and Border Protection. 
(3) STAKEHOLDER CONSULTATION.—The task 
force established under this subsection shall consult 
with beekeeper, conservation, scientist, and agricul-
tural stakeholders. 
(c) REPORT TO CONGRESS.—Not later than 180 days 
after the date of enactment of this Act, the task force es-
tablished under subsection (b) shall submit to Congress 
a report that— 
(1) summarizes Federal activities carried out 
pursuant to subsection (f) of section of the Food, 
Agriculture, Conservation, and Trade Act of 1990 (7 
U.S.C. 5925) (as redesignated by section 7209) or 
any other provision of law (including regulations) to 
address bee decline; 
(2) summarizes international efforts to address 
the decline of managed honey bees and native polli-
nators; and 
(3) provides recommendations to Congress re-
garding how to better coordinate Federal agency ef-
582 
forts to address the decline of managed honey bees 
and native pollinators. 
(d) POLLINATOR
RESEARCH
LAB
FEASIBILITY 
STUDY.— 
(1) 
IN
GENERAL.—The 
Secretary, 
acting 
through the Administrator of the Agricultural Re-
search Service, may conduct feasibility studies re-
garding— 
(A) re-locating existing honey bee and na-
tive pollinator research from Federal labora-
tories to a cooperator-run facility in a location 
most geographically appropriate for pollinator 
research; and 
(B) modernizing existing honey bee re-
search laboratories identified by the Agricul-
tural Research Service in the capital investment 
strategy document dated 2012. 
(2) CONSULTATION.—In conducting the feasi-
bility studies under paragraph (1), the Secretary 
shall consult with— 
(A) beekeeper, native bee, agricultural, re-
search institution, and bee conservation stake-
holders regarding new research laboratory 
needs under paragraph (1)(A); and
583 
(B) commercial beekeepers regarding the 
modernizing of existing honey bee laboratories 
under paragraph (1)(B). 
SEC. 11316. PRODUCE REPRESENTED AS GROWN IN THE 
UNITED STATES WHEN IT IS NOT IN FACT 
GROWN IN THE UNITED STATES. 
(a) TECHNICAL ASSISTANCE
TO CBP.—The Sec-
retary of Agriculture shall make available to U.S. Customs 
and Border Protection technical assistance related to the 
identification of produce represented as grown in the 
United States when it is not in fact grown in the United 
States. 
(b) REPORT
TO CONGRESS.—The Secretary shall 
submit to the Committee on Agriculture of the House of 
Representatives and the Committee on Agriculture, Nutri-
tion, and Forestry of the Senate a report on produce rep-
resented as grown in the United States when it is not in 
fact grown in the United States. 
SEC. 11317. URBAN AGRICULTURE COORDINATION. 
The Secretary of Agriculture shall coordinate oppor-
tunities for urban agriculture, by— 
(1) compiling a list of all programs adminis-
tered by the Secretary or by the head of any other 
department, agency, or instrumentality of the United
584 
States to which urban farmers can apply for assist-
ance or participation; 
(2) examining and implementing opportunities 
to adjust the regulations governing the programs to 
enable urban farmers to participate in more of the 
programs; 
(3) developing a process for streamlining the 
process by which urban farmers may apply for as-
sistance from, or for participation in, the programs, 
including through the use of a single, harmonized 
application for multiple programs; and 
(4) such other methods as the Secretary deems 
appropriate. 
SEC. 11318. SENSE OF CONGRESS ON INCREASED BUSINESS 
OPPORTUNITIES 
FOR 
BLACK 
FARMERS, 
WOMEN, 
MINORITIES, 
AND 
SMALL 
BUSI-
NESSES. 
It is the sense of Congress that the Federal Govern-
ment should increase the number of contracts the Federal 
Government awards to black farmers, businesses owned 
and controlled by women, businesses owned and controlled 
by minorities, and small business concerns. 
SEC. 11319. SENSE OF CONGRESS REGARDING AGRI-
CULTURE SECURITY PROGRAMS. 
It is the sense of Congress that—
585 
(1) agricultural nutrients and other agricultural 
chemicals are essential to ensuring the most efficient 
production of food, fuel, and fiber; 
(2) these products must be properly stored, 
handled, transported, and used to ensure that they 
are not misused or cause harm either accidentally or 
intentionally; 
(3) the Department of Agriculture is the Fed-
eral agency with the staffing and technical expertise 
to understand the important role these products play 
in agriculture; 
(4) other Federal departments and agencies 
have been given lead responsibility to develop and 
implement security programs affecting the avail-
ability, storage, transportation, and use of a variety 
of chemicals and products used in agriculture; 
(5) it is critical that the Department of Agri-
culture participates fully in the development of any 
such security programs to ensure that they do not 
unnecessarily restrict the availability of the most ef-
ficient and beneficial products needed to sustain ag-
riculture in the United States; 
(6) the Secretary of Agriculture should review 
staffing at the Department to ensure that the agen-
cy has senior employees within the Department at
586 
the Senior Executive Service level or higher, who 
have responsibility for coordinating with other Fed-
eral, State, and international agencies in the devel-
opment of regulations, guidance, and procedures for 
the secure handling of agricultural chemicals; and 
(7) such employees shall— 
(A) work with manufacturers, retailers, 
and the general farm community to review ex-
isting and proposed Federal, State, and inter-
national agricultural chemical security regula-
tions; 
(B) coordinate with manufacturers, retail-
ers, transporters, and farmers to evaluate how 
existing and proposed security regulations, in-
cluding systems to track the sale, transpor-
tation, delivery, and use of agricultural prod-
ucts, can be designed to minimize any adverse 
impact on agricultural productivity; 
(C) evaluate how existing and proposed se-
curity regulations will affect the ability of agri-
cultural producers to have timely access to nu-
trients, chemicals, and other products that are 
affordable and best suited to the producers’ op-
erations;
587 
(D) develop recommendations on best prac-
tices, policies, and regulatory mechanisms relat-
ing to existing and proposed security programs 
to ensure that there is minimal adverse impact 
on agricultural productivity; and 
(E) engage with Federal agencies with re-
sponsibility for establishing security programs 
to ensure that they have the information needed 
to develop procedures for effective security ad-
ministration and enforcement that minimize 
any adverse impact on domestic or international 
agricultural productivity. 
SEC. 11320. REPORT ON WATER SHARING. 
Not later than 120 days after the date of the enact-
ment of this Act and annually thereafter, the Secretary 
of State shall submit to Congress a report on— 
(1) efforts by Mexico to meet its treaty deliv-
eries of water to the Rio Grande in accordance with 
the Treaty between the United States and Mexico 
Respecting Utilization of waters of the Colorado and 
Tijuana Rivers and of the Rio Grande (done at 
Washington, February 3, 1944); and 
(2) the benefits to the United States of the In-
terim International Cooperative Measures in the Col-
orado River Basin through 2017 and Extension of
588 
Minute 318 Cooperative Measures to Address the 
Continued Effects of the April 2010 Earthquake in 
the Mexicali Valley, Baja, California (done at Coro-
nado, California, November 20, 2012; commonly re-
ferred to as ‘‘Minute No. 319’’). 
SEC. 11321. SCIENTIFIC AND ECONOMIC ANALYSIS OF THE 
FDA FOOD SAFETY MODERNIZATION ACT. 
(a) IN GENERAL.—The Secretary of Health and 
Human Services (referred to in this section as the ‘‘Sec-
retary’’) may not enforce any regulations promulgated 
under the FDA Food Safety Modernization Act (Public 
Law 111–353) until the Secretary publishes in the Fed-
eral Register the following: 
(1) An analysis of the scientific information 
used in the final rule to implement the FDA Food 
Safety Modernization Act with a particular focus 
on— 
(A) agricultural businesses of a variety of 
sizes; 
(B) regional differences of agriculture pro-
duction, processing, marketing, and value added 
production; 
(C) agricultural businesses that are diverse 
livestock and produce producers; and
589 
(D) what, if any, negative impact on the 
agricultural businesses would be created, or ex-
acerbated, by implementation of the FDA Food 
Safety Modernization Act. 
(2) An analysis of the economic impact of the 
proposed final rule to implement the FDA Food 
Safety Modernization Act with a particular focus 
on— 
(A) agricultural businesses of a variety of 
sizes; and 
(B) small and mid-sized value added food 
processors. 
(3) A plan to systematically evaluate the regula-
tions by surveying farmers and processors and devel-
oping an ongoing process to evaluate and address 
business concerns. 
(b) ANNUAL REPORT.—Not later than 1 year after 
the date of enactment of this Act and annually thereafter, 
the Secretary shall submit to the Committee on Agri-
culture, Nutrition, and Forestry of the Senate and the 
Committee on Agriculture of the House of Representatives 
a report on the impact of implementation of the regula-
tions promulgated under the FDA Food Safety Mod-
ernization Act.
590 
SEC. 11322. IMPROVED DEPARTMENT OF AGRICULTURE 
CONSIDERATION OF ECONOMIC IMPACT OF 
REGULATIONS ON SMALL BUSINESS. 
The Secretary of Agriculture shall complete proce-
dures consistent with the requirements of subsection (b) 
of section 609 of title 5, United States Code, whenever 
the Department of Agriculture promulgates any rule 
which will have a significant economic impact on a sub-
stantial number of small entities. 
SEC. 11323. SILVICULTURAL ACTIVITIES. 
Section 402(l) of the Federal Water Pollution Control 
Act (33 U.S.C. 1342(l)) is amended by adding at the end 
the following: 
‘‘(3) SILVICULTURAL ACTIVITIES.— 
‘‘(A) NPDES PERMIT REQUIREMENTS FOR 
SILVICULTURAL
ACTIVITIES.—The 
Adminis-
trator shall not require a permit or otherwise 
promulgate regulations under this section or di-
rectly or indirectly require any State to require 
a permit under this section for a discharge of 
stormwater runoff resulting from the conduct of 
the following silviculture activities: nursery op-
erations, site preparation, reforestation and 
subsequent cultural treatment, thinning, pre-
scribed burning, pest and fire control, har-
591 
vesting operations, surface drainage, and road 
use, construction, and maintenance. 
‘‘(B) PERMITS FOR DREDGED OR FILL MA-
TERIAL.—Nothing in this paragraph exempts a 
silvicultural activity resulting in the discharge 
of dredged or fill material from any permitting 
requirement under section 404.’’. 
SEC. 11324. APPLICABILITY OF SPILL PREVENTION, CON-
TROL, AND COUNTERMEASURE RULE. 
(a) IN GENERAL.—The Administrator, in imple-
menting the Spill Prevention, Control, and Counter-
measure rule with respect to any farm, shall— 
(1) require certification of compliance with such 
rule by— 
(A) a professional engineer for a farm 
with— 
(i) an individual tank with an above-
ground storage capacity greater than 
10,000 gallons; 
(ii) an aggregate aboveground storage 
capacity greater than or equal to 42,000 
gallons; or 
(iii) a history that includes a spill, as 
determined by the Administrator; or
592 
(B) the owner or operator of the farm (via 
self-certification) for a farm with— 
(i) an aggregate aboveground storage 
capacity greater than 10,000 gallons but 
less than 42,000 gallons; and 
(ii) no history of spills, as determined 
by the Administrator; and 
(2) exempt from all requirements of such rule 
any farm— 
(A) with an aggregate aboveground storage 
capacity of less than or equal to 10,000 gallons; 
and 
(B) no history of spills, as determined by 
the Administrator. 
(b) CALCULATION
OF AGGREGATE ABOVEGROUND 
STORAGE CAPACITY.—For the purposes of subsection (a), 
the aggregate aboveground storage capacity of a farm ex-
cludes— 
(1) all containers on separate parcels that have 
a capacity that is less than 1,320 gallons; and 
(2) all storage containers holding animal feed 
ingredients approved for use in livestock feed by the 
Food and Drug Administration. 
(c) DEFINITIONS.—In this section, the following defi-
nitions apply: