259
‘‘(36) LIVESTOCK DISEASE RESEARCH AND EX-
TENSION.—Research and extension grants may be
made under this section for the purpose of identi-
fying possible livestock disease threats, educating the
public regarding livestock disease threats, training
persons to deal with such threats, and conducting
related research.’’.
SEC. 745. NATIONAL AGRICULTURAL RESEARCH, EXTEN-
SION, AND TEACHING POLICY ACT OF 1977.
(a) NATIONAL AGRICULTURAL RESEARCH, EXTEN-
SION, EDUCATION, AND ECONOMIC ADVISORY BOARD.—
Section 1408 of the National Agricultural Research, Ex-
tension, and Teaching Policy Act of 1977 (7 U.S.C. 3123)
is amended—
(1) in subsection (b)(3)—
(A) by redesignating subparagraphs (R)
through (DD) as subparagraphs (S) through
(EE), respectively; and
(B) by inserting after subparagraph (Q)
the following new subparagraph:
‘‘(R) 1 member representing a nonland
grant college or university with a historic com-
mitment to research in the food and agricul-
tural sciences.’’;
260
(2) in subsection (c)(1), by striking ‘‘and land-
grant colleges and universities’’ and inserting ‘‘,
land-grant colleges and universities, and the Com-
mittee on Agriculture of the House of Representa-
tives, the Committee on Agriculture, Nutrition, and
Forestry of the Senate, the Subcommittee on Agri-
culture, Rural Development, Food and Drug Admin-
istration and Related Agencies of the Committee on
Appropriations of the House of Representatives, and
the Subcommittee on Agriculture, Rural Develop-
ment and Related Agencies of the Committee on Ap-
propriations of the Senate’’; and
(3) in subsection (d)(1), inserting ‘‘consult with
any appropriate agencies of the Department of Agri-
culture and’’ after ‘‘the Advisory Board shall’’.
(b) GRANTS FOR RESEARCH ON PRODUCTION AND
MARKETING
OF ALCOHOLS
AND INDUSTRIAL HYDRO-
CARBONS FROM AGRICULTURAL COMMODITIES AND FOR-
EST PRODUCTS.—Section 1419 of the National Agricul-
tural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3154) is amended—
(1) in subsection (a)(2), by inserting ‘‘and ani-
mal fats and oils’’ after ‘‘industrial oilseed crops’’;
and
261
(2) in subsection (a)(4), by inserting ‘‘or
triglycerides’’ after ‘‘other industrial hydrocarbons’’.
(c) FAS OVERSEAS INTERN PROGRAM.—Section
1458(a) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3291(a)) is
amended—
(1) by striking ‘‘and’’ at the end of paragraph
(8);
(2) by striking the period at the end of para-
graph (9) and inserting ‘‘; and’’; and
(3) by adding at the end the following new
paragraph:
‘‘(10) establish a program, to be coordinated by
the Cooperative State Research, Education, and Ex-
tension Service and the Foreign Agricultural Service,
to place interns from United States colleges and uni-
versities at Foreign Agricultural Service field offices
overseas.’’.
SEC. 746. BIOMASS RESEARCH AND DEVELOPMENT.
Title III of the Agricultural Risk Protection Act of
2000 (7 U.S.C. 7624 note) is amended—
(1) in section 302(3), by inserting ‘‘or bio-
diesel’’ after ‘‘such as ethanol’’;
(2) in section 303(3), by inserting ‘‘animal by-
products,’’ after ‘‘fibers’’; and
262
(3) in section 306(b)(1)—
(A) by redesignating subparagraphs (E)
through (J) as subparagraphs (F) through (K),
respectively; and
(B) by inserting after subparagraph (D)
the following new subparagraph:
‘‘(E) an individual affiliated with a live-
stock trade association;’’.
SEC. 747. BIOTECHNOLOGY RISK ASSESSMENT RESEARCH.
Section 1668 of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 5921) is amended to
read as follows:
‘‘SEC. 
1668. 
BIOTECHNOLOGY 
RISK 
ASSESSMENT 
RE-
SEARCH.
‘‘(a) PURPOSE.—It is the purpose of this section—
‘‘(1) to authorize and support environmental as-
sessment research to help identify and analyze envi-
ronmental effects of biotechnology; and
‘‘(2) to authorize research to help regulators de-
velop long-term policies concerning the introduction
of such technology.
‘‘(b) GRANT PROGRAM.— The Secretary of Agri-
culture shall establish a grant program within the Cooper-
ative State Research, Education, and Extension Service
and the Agricultural Research Service to provide the nec-
263
essary funding for environmental assessment research
concerning the introduction of genetically engineered
plants and animals into the environment.
‘‘(c) TYPES OF RESEARCH.— Types of research for
which grants may be made under this section shall include
the following:
‘‘(1) Research designed to identify and develop
appropriate management practices to minimize phys-
ical and biological risks associated with genetically
engineered animals and plants once they are intro-
duced into the environment.
‘‘(2) Research designed to develop methods to
monitor the dispersal of genetically engineered ani-
mals and plants.
‘‘(3) Research designed to further existing
knowledge with respect to the characteristics, rates
and methods of gene transfer that may occur be-
tween genetically engineered plants and animals and
related wild and agricultural organisms.
‘‘(4) Environmental assessment research de-
signed to provide analysis, which compares the rel-
ative impacts of plants and animals modified
through genetic engineering to other types of pro-
duction systems.
264
‘‘(5) Other areas of research designed to fur-
ther the purposes of this section.
‘‘(d) ELIGIBILITY REQUIREMENTS.—Grants under
this section shall be—
‘‘(1) made on the basis of the quality of the
proposed research project; and
‘‘(2) available to any public or private research
or educational institution or organization.
‘‘(e) CONSULTATION.—In considering specific areas
of research for funding under this section, the Secretary
of Agriculture shall consult with the Administrator of the
Animal and Plant Health Inspection Service and the Na-
tional Agricultural Research, Extension, Education, and
Economics Advisory Board.
‘‘(f) PROGRAM COORDINATION.—The Secretary of
Agriculture shall coordinate research funded under this
section with the Office of Research and Development of
the Environmental Protection Agency in order to avoid du-
plication of research activities.
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There are authorized to be
appropriated such sums as necessary to carry out
this section.
‘‘(2) WITHHOLDINGS
FROM
BIOTECHNOLOGY
OUTLAYS.—The Secretary of Agriculture shall with-
265
hold from outlays of the Department of Agriculture
for research on biotechnology, as defined and deter-
mined by the Secretary, at least one percent of such
amount for the purpose of making grants under this
section for research on biotechnology risk assess-
ment. Except that, funding from this authorization
should be collected and applied to the maximum ex-
tent practicable to risk assessment research on all
categories identified as biotechnology by the Sec-
retary.’’.
SEC. 748. COMPETITIVE, SPECIAL, AND FACILITIES RE-
SEARCH GRANTS.
Section 2(a) of the Competitive, Special, and Facili-
ties Research Grant Act (7 U.S.C. 450i(a)) is amended
by adding at the end the following new paragraph:
‘‘(3) DETERMINATION OF HIGH PRIORITY RE-
SEARCH.—Research priorities shall be determined by
the Secretary on an annual basis, taking into ac-
count input as gathered by the Secretary through
the National Agricultural Research, Extension, Edu-
cation, and Economics Advisory Board.’’.
266
SEC. 749. MATCHING FUNDS REQUIREMENT FOR RE-
SEARCH AND EXTENSION ACTIVITIES OF 1890
INSTITUTIONS.
Section 1449 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3222d) is amended—
(1) by amending subsection (c) to read as fol-
lows:
‘‘(c) MATCHING FORMULA.—For each of fiscal years
2003 through 2011, the State shall provide matching
funds from non-Federal sources. Such matching funds
shall be for an amount equal to not less than 60 percent
of the formula funds to be distributed to the eligible insti-
tution, and shall increase by 10 percent each fiscal year
thereafter until fiscal year 2007.’’;
(2) by amending subsection (d) to read as fol-
lows:
‘‘(d) WAIVER AUTHORITY.—Notwithstanding sub-
section (f), the Secretary may waive the matching funds
requirement under subsection (c) above the 50 percent
level for fiscal years 2003 through 2011 for an eligible
institution of a State if the Secretary determines that the
State will be unlikely to satisfy the matching require-
ment.’’; and
(3) by adding at the end the following new sub-
section:
267
‘‘(g) MATCHING FUNDS REQUIREMENT
FOR
THE
LAND-GRANT COLLEGES IN THE UNITED STATES TERRI-
TORIES.—
‘‘(1) Land-grant colleges of the United States
territories, including the Commonwealth of Puerto
Rico, Guam, the Virgin Islands, the Northern Mar-
iana Islands, American Samoa, and Micronesia, shall
be excluded from the definition of eligible institution
(as defined in subsection (a)(1)).
‘‘(2) MATCHING
FORMULA.—Notwithstanding
any other provision of this subtitle, for fiscal years
2003 through 2011, the State shall provide match-
ing funds from non-Federal sources in an amount
equal to not less than 50 percent of the formula
funds to be distributed to the eligible institution.
‘‘(3) WAIVER
AUTHORITY.—Notwithstanding
subsection (f), the Secretary may waive the match-
ing funds requirements under subsection (a)(2)(A)
for any of fiscal years 2003 through 2011 for an eli-
gible institution of a State if the Secretary deter-
mines that the territory will be unlikely to satisfy
the matching requirement for that fiscal year.’’.
268
SEC. 750. INITIATIVE FOR FUTURE AGRICULTURE AND
FOOD SYSTEMS.
(a) FUNDING.—Section 401(b)(1) of the Agricultural
Research, Extension, and Education Reform Act of 1998
(7 U.S.C. 7621(b)(1)) is amended to read as follows:
‘‘(1) IN GENERAL.—On October 1, 2003, and
each October 1 thereafter through September 30,
2011, out of any funds in the Treasury not other-
wise appropriated, the Secretary of the Treasury
shall transfer funds into the Account the aggregate
of which shall equal $960,000,000. Such funds shall
remain available until expended and, to the max-
imum extent practicable, shall be transferred in
equal amounts for each fiscal year.’’.
(b) AVAILABILITY OF FUNDS.—Section 401(f)(6) of
the Agricultural Research, Extension, and Education Re-
form Act of 1998 (7 U.S.C. 7621(f)(6)) is amended to
read as follows:
‘‘(6) AVAILABILITY OF FUNDS.—Funds made
available under this section to the Secretary prior to
October 1, 2003, for grants under this section shall
be available to the Secretary for a 2-year period.’’.
SEC. 751. CARBON CYCLE RESEARCH.
Section 221 of the Agricultural Risk Protection Act
of 2000 (Public Law 106–224; 114 Stat. 407) is
amended—
269
(1) in subsection (a), by striking ‘‘Of the
amount’’ and all that follows through ‘‘to provide’’
and inserting ‘‘To the extent funds are made avail-
able for this purpose, the Secretary shall provide’’;
(2) in subsection (d), by striking ‘‘under sub-
section (a)’’ and inserting ‘‘for this section’’; and
(3) by adding at the end the following new sub-
section:
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated for fiscal years 2002
through 2011 such sums as may be necessary to carry
out this section.’’
SEC. 752. DEFINITION OF FOOD AND AGRICULTURAL
SCIENCES.
Section 2(3) of the Research Facilities Act (7 U.S.C.
390(2)(3)) is amended to read as follows:
‘‘(3) FOOD
AND
AGRICULTURAL
SCIENCES.—
The term ‘food and agricultural sciences’ has the
meaning given that term in section 1404(8) of the
National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3103(8)).’’.
SEC. 753. FEDERAL EXTENSION SERVICE.
Section 3(b)(3) of the Smith-Lever Act (7 U.S.C.
343(b)(3)) is amended by striking ‘‘$5,000,000’’ and in-
serting ‘‘such sums as are necessary’’.
270
Subtitle C—Related Matters
SEC. 761. RESIDENT INSTRUCTION AT LAND-GRANT COL-
LEGES IN UNITED STATES TERRITORIES.
(a) PURPOSE.—It is the purpose of this section to
promote and strengthen higher education in the food and
agricultural sciences at agricultural and mechanical col-
leges located in the Commonwealth of Puerto Rico, the
Virgin Islands of the United States, Guam, American
Samoa, the Commonwealth of the Northern Mariana Is-
lands, the Federated States of Micronesia, the Republic
of the Marshall Islands, or the Republic of Palau (herein-
after referred to in this section as ‘‘eligible institutions’’)
by formulating and administering programs to enhance
teaching programs in agriculture, natural resources, for-
estry, veterinary medicine, home economics, and dis-
ciplines closely allied to the food and agriculture produc-
tion and delivery system.
(b) GRANTS.—The Secretary shall make competitive
grants to those eligible institutions having a demonstrable
capacity to carry out the teaching of food and agricultural
sciences.
(c) USE OF GRANT FUNDS.—Grants made under
subsection (b) shall be used to—
(1) strengthen institutional educational capac-
ities, including libraries, curriculum, faculty, sci-
271
entific instrumentation, instruction delivery systems,
and student recruitment and retention, in order to
respond to identified State, regional, national, or
international education needs in the food and agri-
cultural sciences;
(2) attract and support undergraduate and
graduate students in order to educate them in iden-
tified areas of national need to the food and agri-
culture sciences;
(3) facilitate cooperative initiatives between two
or more eligible institutions or between eligible insti-
tutions and units of State Government, organiza-
tional in the private sector, to maximize the develop-
ment and use of resources such as faculty, facilities,
and equipment to improve food and agricultural
sciences teaching programs; and
(4) conduct undergraduate scholarship pro-
grams to assist in meeting national needs for train-
ing food and agricultural scientists.
(d) GRANT REQUIREMENTS.—
(1) The Secretary shall ensure that each eligible
institution, prior to receiving grant funds under sub-
section (b), shall have a significant demonstrable
commitment to higher educations programs in the
food and agricultural sciences and to each specific
272
subject area for which grant funds under this sub-
section are to be used.
(2) The Secretary may require that any grant
awarded under this section contain provisions that
require funds to be targeted to meet the needs iden-
tified in section 1402 of the National Agriculture
Research, Extension, and Teaching Policy Act of
1977.
(e) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated such sums as are nec-
essary for each of the fiscal years 2002 through 2011 to
carry out this section.
SEC. 762. DECLARATION OF EXTRAORDINARY EMERGENCY
AND RESULTING AUTHORITIES.
(a) REVIEW OF PAYMENT OF COMPENSATION.—Sec-
tion 415(e) of the Plant Protection Act (7 U.S.C. 7715(e))
is amended by inserting before the final period the fol-
lowing: ‘‘or review by any officer of the Government other
than the Secretary or the designee of the Secretary’’.
(b) REVIEW OF CERTAIN DECISIONS.—
(1) PLANT PROTECTION ACT.—Section 442 of
the Plant Protection Act (7 U.S.C. 7772) is amend-
ed by adding at the end following new subsection:
‘‘(f) SECRETARIAL DISCRETION.—The action of any
officer, employee, or agent of the Secretary in carrying
273
out this section, including determining the amount of and
making any payment authorized to be made under this
section, shall not be subject to review by any officer of
the Government other than the Secretary or the designee
of the Secretary.’’.
(2) OTHER PLANT AND ANIMAL PEST AND DIS-
EASE LAWS.—Section 11 of the Act of May 29, 1884
(21 U.S.C. 114a; commonly known as the ‘‘Animal
Industry Act’’) and the first section of the Act of
September 25, 1981 (7 U.S.C. 147b), are each
amended by adding at the end the following new
sentence: ‘‘The action of any officer, employee, or
agent of the Secretary in carrying out this section,
including determining the amount of and making
any payment authorized to be made under this sec-
tion, shall not be subject to review by any officer of
the Government other than the Secretary or the des-
ignee of the Secretary.’’.
(c) METHYL BROMIDE.—The Plant Protection Act (7
U.S.C. 7701 et seq.) is amended by inserting after section
418 the following new section:
‘‘SEC. 419. METHYL BROMIDE.
‘‘(a) IN GENERAL.—The Secretary, upon request of
State, local, or tribal authorities, shall determine whether
methyl bromide treatments or applications required by
274
State, local, or tribal authorities to prevent the introduc-
tion, establishment, or spread of plant pests (including
diseases) or noxious weeds should be authorized as an offi-
cial control or official requirement.
‘‘(b) ADMINISTRATION.—
‘‘(1) TIMELINE
FOR
DETERMINATION.—The
Secretary shall make the determination required by
subsection (a) not later than 90 days after receiving
the request for such a determination.
‘‘(2) REGULATIONS.—The promulgation of reg-
ulations for and the administration of this section
shall be made without regard to—
‘‘(A) the notice and comment provisions of
section 553 of title 5, United States Code;
‘‘(B) the Statement of Policy of the Sec-
retary of Agriculture, effective July 24, 1971
(36 Fed. Reg. 13804; relating to notices of pro-
posed rulemaking and public participation in
rulemaking); and
‘‘(C) chapter 35 of title 44, United States
Code (commonly known as the ‘Paperwork Re-
duction Act’).
‘‘(c) REGISTRY.—Not later than 180 days after the
date of the enactment of this section, the Secretary shall
publish, and thereafter maintain, a registry of State, local,
275
and tribal requirements authorized by the Secretary under
this section.’’.
Subtitle D—Repeal of Certain
Activities and Authorities
SEC. 771. FOOD SAFETY RESEARCH INFORMATION OFFICE
AND NATIONAL CONFERENCE.
(a) REPEAL.—Subsections (b) and (c) of section 615
of the Agricultural Research, Extension, and Education
Reform Act of 1998 (7 U.S.C. 7654(b) and (c)) are re-
pealed.
(b) CONFORMING AMENDMENTS.—
(1) GENERALLY.—Section 615 of such Act is
amended—
(A) in the section heading, by striking
‘‘AND NATIONAL CONFERENCE’’;
(B) by striking ‘‘(a) FOOD SAFETY RE-
SEARCH INFORMATION OFFICE.—’’;
(C) by redesignating paragraphs (1), (2),
and (3) as subsections (a), (b), and (c), respec-
tively, and moving the margins 2 ems to the
left;
(D) in subsection (b) (as so redesignated),
by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively, and mov-
ing the margins 2 ems to the left; and
276
(E) in subsection (c) (as so redesignated),
by striking ‘‘this subsection’’ and inserting
‘‘this section’’.
(2) TABLE OF SECTIONS.—The table of sections
for such Act is amended by striking ‘‘and National
Conference’’ in the item relating to section 617.
SEC. 772. REIMBURSEMENT OF EXPENSES UNDER SHEEP
PROMOTION, RESEARCH, AND INFORMATION
ACT OF 1994.
Section 617 of the Agricultural Research, Extension,
and Education Reform Act of 1998 (Public Law 105–185;
112 Stat. 607) is repealed.
SEC. 773. NATIONAL GENETIC RESOURCES PROGRAM.
Section 1634 of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 5843) is repealed.
SEC. 774. NATIONAL ADVISORY BOARD ON AGRICULTURAL
WEATHER.
Section 1639 of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 5853) is repealed.
SEC. 775. AGRICULTURAL INFORMATION EXCHANGE WITH
IRELAND.
Section 1420 of the National Agricultural Research,
Extension and Teaching Policy Act Amendments of 1985
(Public Law 99–198; 99 Stat. 1551) is repealed.
277
SEC. 776. PESTICIDE RESISTANCE STUDY.
Section 1437 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1985 (Public Law
99–198; 99 Stat. 1558) is repealed.
SEC. 777. EXPANSION OF EDUCATION STUDY.
Section 1438 of the National Agricultural Research,
Extension, and Teaching Policy Act Amendments of 1985
(Public Law 99–198; 99 Stat. 1559) is repealed.
SEC. 778. SUPPORT FOR ADVISORY BOARD.
(a) REPEAL.—Section 1412 of the National Agricul-
tural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3127) is repealed.
(b) CONFORMING AMENDMENT.—Section 1413(c) of
such Act (7 U.S.C. 3128(c)) is amended by striking ‘‘sec-
tion 1412 of this title and’’.
SEC. 779. TASK FORCE ON 10-YEAR STRATEGIC PLAN FOR
AGRICULTURAL RESEARCH FACILITIES.
(a) REPEAL.—Section 4 of the Research Facilities
Act (7 U.S.C. 390b) is repealed.
(b) CONFORMING AMENDMENT.—Section 2 of such
Act (7 U.S.C. 390) is amended by striking paragraph (5).
278
Subtitle E—Agriculture Facility
Protection
SEC. 790. ADDITIONAL PROTECTIONS FOR ANIMAL OR AG-
RICULTURAL ENTERPRISES, RESEARCH FA-
CILITIES, AND OTHER ENTITIES.
(a) DEFINITIONS.—The Research Facilities Act (7
U.S.C. 390 et seq.) is amended—
(1) by redesignating section 6 as section 7; and
(2) by inserting after section 5 the following
new section:
‘‘SEC. 6. ADDITIONAL PROTECTIONS FOR ANIMAL OR AGRI-
CULTURAL ENTERPRISES, RESEARCH FACILI-
TIES, AND OTHER ENTITIES AGAINST DISRUP-
TION.
‘‘(a) DEFINITIONS.—For the purposes of this section,
the following definitions apply:
‘‘(1) 
ANIMAL
OR
AGRICULTURAL
ENTER-
PRISE.—The term ‘animal or agricultural enterprise’
means any of the following:
‘‘(A) A commercial, governmental, or aca-
demic enterprise that uses animals, plants, or
other biological materials for food or fiber pro-
duction, breeding, processing, research, or test-
ing.
279
‘‘(B) A zoo, aquarium, circus, rodeo, or
other entity that exhibits or uses animals,
plants, or other biological materials for edu-
cational or entertainment purposes.
‘‘(C) A fair or similar event intended to
advance agricultural arts and sciences.
‘‘(D) A facility managed or occupied by an
association, federation, foundation, council, or
other group or entity of food or fiber producers,
processors, or agricultural or biomedical re-
searchers intended to advance agricultural or
biomedical arts and sciences.
‘‘(2) ECONOMIC DAMAGE.—The term ‘economic
damage’ means the replacement of the following:
‘‘(A) The cost of lost or damaged property
(including all real and personal property) of an
animal or agricultural enterprise.
‘‘(B) The cost of repeating an interrupted
or invalidated experiment.
‘‘(C) The loss of revenue (including costs
related to business recovery) directly related to
the disruption of an animal or agricultural en-
terprise.
‘‘(D) The cost of the tuition and expenses
of any student to complete an academic pro-
280
gram that was disrupted, or to complete a re-
placement program, when the tuition and ex-
penses are incurred as a result of the damage
or loss of the property of an animal or agricul-
tural enterprise.
‘‘(3) PROPERTY OF AN ANIMAL OR AGRICUL-
TURAL ENTERPRISE.—The term ‘property of an ani-
mal or agricultural enterprise’ means real and per-
sonal property of or used by any of the following:
‘‘(A) An animal or agricultural enterprise.
‘‘(B) An employee of an animal or agricul-
tural enterprise.
‘‘(C) A student attending an academic ani-
mal or agricultural enterprise.
‘‘(4) DISRUPTION.—The term ‘disruption’ does
not include any lawful disruption that results from
lawful public, governmental, or animal or agricul-
tural enterprise employee reaction to the disclosure
of information about an animal or agricultural en-
terprise.
‘‘(b) VIOLATION.—A person may not recklessly,
knowingly, or intentionally cause, or contribute to, the dis-
ruption of the functioning of an animal or agricultural en-
terprise by damaging or causing the loss of any property
281
of the animal or agricultural enterprise that results in eco-
nomic damage, as determined by the Secretary.
‘‘(c) ASSESSMENT OF CIVIL PENALTY.—
‘‘(1) IN GENERAL.—The Secretary may impose
on any person that the Secretary determines violates
subsection (b) a civil penalty in an amount deter-
mined under paragraphs (2) and (3). The civil pen-
alty may be assessed only on the record after an op-
portunity for a hearing.
‘‘(2) RECOVERY OF DEPARTMENT COSTS.—The
civil penalty assessed by the Secretary against a per-
son for a violation of subsection (b) shall be not less
than the total cost incurred by the Secretary for in-
vestigation of the violation, conducting any hearing
regarding the violation, and assessing the civil pen-
alty.
‘‘(3) RECOVERY OF ECONOMIC DAMAGE.—In ad-
dition to the amount determined under paragraph
(2), the amount of the civil penalty shall include the
an amount not less than the total cost (or, in the
case of knowing or intentional disruption, not less
than 150 percent of the total cost) of the economic
damage incurred by the animal or agricultural enter-
prise, any employee of the animal or agricultural en-
terprise, or any student attending an academic ani-
282
mal or agricultural enterprise as a result of the
damage or loss of the property of an animal or agri-
cultural enterprise.
‘‘(d) IDENTIFICATION.—The Secretary shall identify
for each civil penalty assessed under subsection (c), the
portion of the amount of the civil penalty that represents
the recovery of Department costs and the portion that rep-
resents the recovery of economic losses.
‘‘(e) OTHER FACTORS IN DETERMINING PENALTY.—
In determining the amount of a civil penalty under sub-
section (c), the Secretary shall consider the following:
‘‘(1) The nature, circumstance, extent, and
gravity of the violation or violations.
‘‘(2) The ability of the injured animal or agri-
cultural enterprise to continue to operate, costs in-
curred by the animal or agricultural enterprise to re-
cover lost business, and the effect of the violation on
earnings of employees of the animal or agricultural
enterprise.
‘‘(3) The interruptions experienced by students
attending an academic animal or agricultural enter-
prise.
‘‘(4) Whether the violator has previously vio-
lated subsection (a).
‘‘(5) The violator’s degree of culpability.
283
‘‘(f) FUND TO ASSIST VICTIMS OF DISRUPTION.—
‘‘(1) FUND
ESTABLISHED.—There is estab-
lished in the Treasury a fund which shall consist of
that portion of each civil penalty collected under
subsection (c) that represents the recovery of eco-
nomic damages.
‘‘(2) USE OF AMOUNTS IN FUND.—The Sec-
retary of Agriculture shall use amounts in the fund
to compensate animal or agricultural enterprises,
employees of an animal or agricultural enterprise,
and student attending an academic animal or agri-
cultural enterprise for economic losses incurred as a
result of the disruption of the functioning of an ani-
mal or agricultural enterprise in violation of sub-
section (b).’’.
TITLE VIII—FORESTRY
INITIATIVES
SEC. 801. REPEAL OF FORESTRY INCENTIVES PROGRAM
AND STEWARDSHIP INCENTIVE PROGRAM.
(a) REPEALS.—The Cooperative Forestry Assistance
Act of 1978 is amended by striking section 4 (16 U.S.C.
2103) and section 6 (16 U.S.C. 2103b).
(b) CONFORMING AMENDMENT.—Section 246(b) of
the Department of Agriculture Reorganization Act of
284
1994 (7 U.S.C. 6962(b)) is amended by striking para-
graph (2).
SEC. 802. ESTABLISHMENT OF FOREST LAND ENHANCE-
MENT PROGRAM.
(a) FINDINGS.—Congress finds the following:
(1) There is a growing dependence on private
nonindustrial forest lands to supply the necessary
market commodities and nonmarket values, such as
habitat for fish and wildlife, aesthetics, outdoor
recreation opportunities, and other forest resources,
required by a growing population.
(2) There is a strong demand for expanded as-
sistance programs for owners of nonindustrial pri-
vate forest land since the majority of the wood sup-
ply of the United States comes from nonindustrial
private forest land.
(3) The soil, carbon stores, water and air qual-
ity of the United States can be maintained and im-
proved through good stewardship of nonindustrial
private forest lands.
(4) The products and services resulting from
stewardship of nonindustrial private forest lands
provide income and employment that contribute to
the economic health and diversity of rural commu-
nities.
285
(5) Wildfires threaten human lives, property,
forests, and other resources, and Federal and State
cooperation in forest fire prevention and control has
proven effective and valuable, in that properly man-
aged forest stands are less susceptible to cata-
strophic fire, as dramatized by the catastrophic fire
seasons of 1998 and 2000.
(6) Owners of private nonindustrial forest lands
are being faced with increased pressure to convert
their forestland to development and other uses.
(7) Complex, long-rotation forest investments,
including sustainable hardwood management, are
often the most difficult commitment for small, non-
industrial private forest landowners and, thus,
should receive equal consideration under cost-share
programs.
(8) The investment of one Federal dollar in
State and private forestry programs is estimated to
leverage $9 on average from State, local, and private
sources.
(b) PURPOSE.—It is the purpose of this section to
strengthen the commitment of the Department of Agri-
culture to sustainable forestry and to establish a coordi-
nated and cooperative Federal, State, and local sustain-
able forest program for the establishment, management,
286
maintenance, enhancement, and restoration of forests on
nonindustrial private forest lands in the United States.
(c) FOREST LAND ENHANCEMENT PROGRAM.—The
Cooperative Forestry Assistance Act of 1978 is amended
by inserting after section 3 (16 U.S.C. 2102) the following
new section 4:
‘‘SEC. 4. FOREST LAND ENHANCEMENT PROGRAM.
‘‘(a) ESTABLISHMENT.—
‘‘(1) ESTABLISHMENT; PURPOSE.—The Sec-
retary shall establish a Forest Land Enhancement
Program (in this section referred to as the ‘Pro-
gram’) for the purpose of providing financial, tech-
nical, educational, and related assistance to State
foresters to encourage the long-term sustainability of
nonindustrial private forest lands in the United
States by assisting the owners of such lands in more
actively managing their forest and related resources
by utilizing existing State, Federal, and private sec-
tor resource management expertise, financial assist-
ance, and educational programs.
‘‘(2) ADMINISTRATION.—The Secretary shall
carry out the Program within, and administer the
Program through, the Farm Service Agency.
287
‘‘(3) COORDINATION.—The Secretary shall im-
plement the Program in coordination with State for-
esters.
‘‘(b) PROGRAM OBJECTIVES.—In implementing the
Program, the Secretary shall target resources to achieve
the following objectives:
‘‘(1) Investment in practices to establish, re-
store, protect, manage, maintain, and enhance the
health and productivity of the nonindustrial private
forest lands in the United States for timber, habitat
for flora and fauna, water quality, and wetlands.
‘‘(2) Ensuring that afforestation, reforestation,
improvement of poorly stocked stands, timber stand
improvement, practices necessary to improve seed-
ling growth and survival, and growth enhancement
practices occur where needed to enhance and sustain
the long-term productivity of timber and nontimber
forest resources to help meet future public demand
for all forest resources and provide environmental
benefits.
‘‘(3) Reduce the risks and help restore, recover,
and mitigate the damage to forests caused by fire,
insects, invasive species, disease, and damaging
weather.
288
‘‘(4) Increase and enhance carbon sequestration
opportunities.
‘‘(5) Enhance implementation of agroforestry
practices.
‘‘(6) Maintain and enhance the forest landbase
and leverage State and local financial and technical
assistance to owners that promote the same con-
servation and environmental values.
‘‘(c) ELIGIBILITY.—
‘‘(1) IN GENERAL.—An owner of nonindustrial
private forest land is eligible for cost-sharing assist-
ance under the Program if the owner—
‘‘(A) agrees to develop and implement an
individual stewardship, forest, or stand manage-
ment plan addressing site specific activities and
practices in cooperation with, and approved by,
the State forester, state official, or private sec-
tor program in consultation with the State for-
ester;
‘‘(B) agrees to implement approved activi-
ties in accordance with the plan for a period of
not less than 10 years, unless the State forester
approves a modification to such plan; and
‘‘(C) meets the acreage restrictions as de-
termined by the State forester in conjunction
289
with the State Forest Stewardship Coordinating
Committee established under section 19.
‘‘(2) STATE
PRIORITIES.—The Secretary, in
consultation with the State forester and the State
Forest Stewardship Coordinating Committee may
develop State priorities for cost sharing under the
Program that will promote forest management objec-
tives in that State.
‘‘(3) DEVELOPMENT OF PLAN.—An owner shall
be eligible for cost-share assistance for the develop-
ment of the individual stewardship, forest, or stand
management plan required by paragraph (1).
‘‘(d) APPROVED ACTIVITIES.—
‘‘(1) DEVELOPMENT.—The Secretary, in con-
sultation with the State Forest Stewardship Coordi-
nating Committee, shall develop a list of approved
forest activities and practices that will be eligible for
cost-share assistance under the Program within each
State.
‘‘(2) TYPE OF ACTIVITIES.—In developing a list
of approved activities and practices under paragraph
(1), the Secretary shall attempt to achieve the estab-
lishment, restoration, management, maintenance,
and enhancement of forests and trees for the fol-
lowing:
290
‘‘(A) The sustainable growth and manage-
ment of forests for timber production.
‘‘(B) The restoration, use, and enhance-
ment of forest wetlands and riparian areas.
‘‘(C) The protection of water quality and
watersheds through the application of State-de-
veloped forestry best management practices.
‘‘(D) Energy conservation and carbon se-
questration purposes.
‘‘(E) Habitat for flora and fauna.
‘‘(F) The control, detection, and moni-
toring of invasive species on forestlands as well
as preventing the spread and providing for the
restoration of lands affected by invasive species.
‘‘(G) Hazardous fuels reduction and other
management activities that reduce the risks and
help restore, recover, and mitigate the damage
to forests caused by fire.
‘‘(H) The development of forest or stand
management plans.
‘‘(I) Other activities approved by the Sec-
retary, in coordination with the State Forest
Stewardship Coordinating Committee.
‘‘(e) COOPERATION.—In implementing the Program,
the Secretary shall cooperate with other Federal, State,
292
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish and implement a mechanism to recapture pay-
ments made to an owner in the event that the owner
fails to implement any approved activity specified in
the individual stewardship, forest, or stand manage-
ment plan for which such owner received cost-share
payments.
‘‘(2) ADDITIONAL REMEDY.—The remedy pro-
vided in paragraph (1) is in addition to any other
remedy available to the Secretary.
‘‘(h) DISTRIBUTION.—The Secretary shall distribute
funds available for cost sharing under the Program among
the States only after giving appropriate consideration to—
‘‘(1) the total acreage of nonindustrial private
forest land in each State;
‘‘(2) the potential productivity of such land;
‘‘(3) the number of owners eligible for cost
sharing in each State;
‘‘(4) the opportunities to enhance non-timber
resources on such forest lands;
‘‘(5) the anticipated demand for timber and
nontimber resources in each State;
‘‘(6) the need to improve forest health to mini-
mize the damaging effects of catastrophic fire, in-
sects, disease, or weather; and
293
‘‘(7) the need and demand for agroforestry
practices in each State.
‘‘(i) DEFINITIONS.—In this section:
‘‘(1) 
NONINDUSTRIAL
PRIVATE
FOREST
LANDS.—The term ‘nonindustrial private forest
lands’ means rural lands, as determined by the Sec-
retary, that—
‘‘(A) have existing tree cover or are suit-
able for growing trees; and
‘‘(B) are owned or controlled by any non-
industrial private individual, group, association,
corporation, Indian tribe, or other private legal
entity (other than a nonprofit private legal enti-
ty) so long as the individual, group, association,
corporation, tribe, or entity has definitive deci-
sion-making authority over the lands, including
through long-term leases and other land tenure
systems, for a period of time long enough to en-
sure compliance with the Program.
‘‘(2) OWNER.—The term ‘owner’ includes a pri-
vate individual, group, association, corporation, In-
dian tribe, or other private legal entity (other than
a nonprofit private legal entity) that has definitive
decision-making authority over nonindustrial private
294
forest lands through a long-term lease or other land
tenure systems.
‘‘(3) SECRETARY.—The term ‘Secretary’ means
the Secretary of Agriculture.
‘‘(4) STATE FORESTER.—The term ‘State for-
ester’ means the director or other head of a State
Forestry Agency or equivalent State official.
‘‘(j) AVAILABILITY OF FUNDS.—The Secretary shall
use $150,000,000 of funds of the Commodity Credit Cor-
poration to carry out the Program during the period be-
ginning on October 1, 2001, and ending on September 30,
2011.’’.
SEC. 803. RENEWABLE RESOURCES EXTENSION ACTIVITIES.
(a) EXTENSION AND AUTHORIZATION INCREASE.—
Section 6 of the Renewable Resources Extension Act of
1978 (16 U.S.C. 1675) is amended—
(1) by striking ‘‘$15,000,000’’ and inserting
‘‘$30,000,000’’; and
(2) by striking ‘‘2002’’ and inserting ‘‘2011’’.
(b) SUSTAINABLE FORESTRY OUTREACH INITIA-
TIVE.—The Renewable Resources Extension Act of 1978
is amended by inserting after section 5A (16 U.S.C.
1674a) the following new section:
295
‘‘SEC. 5B. SUSTAINABLE FORESTRY OUTREACH INITIATIVE.
‘‘The Secretary shall establish a program to be known
as the ‘Sustainable Forestry Outreach Initiative’ for the
purpose of educating landowners regarding the following:
‘‘(1) The value and benefits of practicing sus-
tainable forestry.
‘‘(2) The importance of professional forestry
advice in achieving their sustainable forestry objec-
tives.
‘‘(3) The variety of public and private sector re-
sources available to assist them in planning for and
practicing sustainable forestry.’’.
SEC. 804. ENHANCED COMMUNITY FIRE PROTECTION.
(a) FINDINGS.—Congress finds the following:
(1) The severity and intensity of wildland fires
has increased dramatically over the past few decades
as a result of past fire and land management poli-
cies.
(2) The record 2000 fire season is a prime ex-
ample of what can be expected if action is not taken.
(3) These wildfires threaten not only the na-
tion’s forested resources, but the thousands of com-
munities intermingled with the wildlands in the
wildland-urban interface.
(4) The National Fire Plan developed in re-
sponse to the 2000 fire season is the proper, coordi-
296
nated, and most effective means to address this wild-
fire issue.
(5) Whereas adequate authorities exist to tackle
the wildfire issues at the landscape level on Federal
lands, there lacks strong authority to take action on
most private lands where the largest threat to life
and property lies.
(6) There is a significant Federal interest in en-
hancing community protection from wildfire.
(b) ENHANCED PROTECTION.—The Cooperative For-
estry Assistance Act of 1978 is amended by inserting after
section 10 (16 U.S.C. 2106) the following new section:
‘‘SEC. 10A. ENHANCED COMMUNITY FIRE PROTECTION.
‘‘(a) COOPERATIVE
MANAGEMENT
RELATED
TO
WILDFIRE THREATS.—The Secretary may cooperate with
State foresters and equivalent State officials in the man-
agement of lands in the United States for the following
purposes:
‘‘(1) Aid in wildfire prevention and control;
‘‘(2) Protect communities from wildfire threats;
‘‘(3) Enhance the growth and maintenance of
trees and forests that promote overall forest health.
‘‘(4) Ensure the continued production of all for-
est resources, including timber, outdoor recreation
opportunities, wildlife habitat, and clean water,
297
through conservation of forest cover on watersheds,
shelterbelts, and windbreaks.
‘‘(b) COMMUNITY AND PRIVATE LAND FIRE ASSIST-
ANCE PROGRAM.—
‘‘(1) ESTABLISHMENT; PURPOSE.—The Sec-
retary shall establish a Community and Private
Land Fire Assistance program—
‘‘(A) to focus the Federal role in pro-
moting optimal firefighting efficiency at the
Federal, State, and local levels;
‘‘(B) to augment Federal projects that es-
tablish landscape level protection from wildfires;
‘‘(C) to expand outreach and education
programs to homeowners and communities
about fire prevention; and
‘‘(D) to establish defensible space around
private landowners homes and property against
wildfires.
‘‘(2) COMPONENTS.—In coordination with exist-
ing authorities under this Act, the Secretary may
undertake on both Federal and non-Federal lands—
‘‘(A) fuel hazard mitigation and preven-
tion;
‘‘(B) invasive species management;
‘‘(C) multi-resource wildfire planning;
298
‘‘(D) community protection planning;
‘‘(E) community and landowner education
enterprises, including the program known as
FIREWISE;
‘‘(F) market development and expansion;
‘‘(G) improved wood utilization;
‘‘(H) special restoration projects.
‘‘(3) CONSIDERATIONS.—The Secretary shall
use local contract personnel wherever possible to
carry out projects under the Program.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There
are hereby authorized to be appropriated to the Secretary
$35,000,000 for each of fiscal years 2002 through 2011,
and such sums as may be necessary thereafter, to carry
out this section.’’.
SEC. 805. INTERNATIONAL FORESTRY PROGRAM.
Section 2405(d) of the Global Climate Change Pre-
vention Act of 1990 (title XXIV of Public Law 101–624;
7 U.S.C. 6704(d)) is amended by striking ‘‘2002’’ and in-
serting ‘‘2011’’.
SEC. 806. LONG-TERM FOREST STEWARDSHIP CONTRACTS
FOR HAZARDOUS FUELS REMOVAL AND IM-
PLEMENTATION OF NATIONAL FIRE PLAN.
(a) ANNUAL ASSESSMENT OF TREATMENT ACRE-
AGE.—Not later than March 1 of each of fiscal years 2002
299
through 2006, the Secretary concerned shall submit to
Congress an assessment of the number of acres of forested
Federal lands recommended to be treated during the next
fiscal year using stewardship end result contracts author-
ized by subsection (c). The assessment shall be based on
the treatment schedules contained in the report entitled
‘‘Protecting People and Sustaining Resources in Fire-
Adapted Ecosystems’’, dated October 13, 2000, and incor-
porated into the National Fire Plan. The assessment shall
identify the acreage by condition class, type of treatment,
and treatment year to achieve the restoration goals out-
lined in the report within 10-, 15-, and 20-year time peri-
ods. The assessment shall also include changes in the res-
toration goals based on the effects of fire, hazardous fuel
treatments pursuant to the National Fire Plan, or updates
in data.
(b) FUNDING RECOMMENDATION.—The Secretary
concerned shall include in the annual assessment a request
for funds sufficient to implement the recommendations
contained in the assessment using stewardship end result
contracts under subsection (c) when the Secretary con-
cerned determines that the objectives of the National Fire
Plan are best accomplished through forest stewardship
end result contracting.
(c) STEWARDSHIP END RESULT CONTRACTING.—
300
(1) AUTHORITY.—Subject to the amount of
funds made available pursuant to subsection (b), the
Secretary concerned may enter into stewardship end
result contracts to implement the National Fire Plan
on Federal lands based upon the stewardship treat-
ment schedules provided in the annual assessments
under subsection (a). The contracting goals and au-
thorities described in subsections (b) through (f) of
section 347 of the Department of the Interior and
Related Agencies Appropriations Act, 1999 (as con-
tained in section 101(e) of division A of Public Law
105–277; 16 U.S.C. 2104 note; commonly known as
the Stewardship End Result Contracting Dem-
onstration Project) shall apply to contracts entered
into under this subsection, except that the period of
the contract shall be 10 years.
(2) DURATION.—The authority of the Secretary
concerned to enter into contracts under this sub-
section expires September 30, 2007.
(d) STATUS REPORT.—Beginning with the assess-
ment required under subsection (a) in 2003, the Secretary
concerned shall include in the annual assessment a status
report of the stewardship end result contracts entered into
under the authority of this section.
(e) DEFINITIONS.—In this section:
301
In this Act:
(1) FEDERAL
LANDS.—The term ‘‘Federal
lands’’ means—
(A) National Forest System lands;
(B) public lands administered by the Sec-
retary of the Interior, acting through the Bu-
reau of Land Management; and
(C) Indian lands.
(2) INDIAN LANDS.—The term ‘‘Indian lands’’
means—
(A) lands held in trust by the United
States for the benefit of an Indian tribe;
(B) lands held by an Indian tribe subject
to restriction by the United States against
alienation; and
(C) lands held by an incorporated Alaska
Native group, regional corporation, or village
corporation under the provisions of the Alaska
Native Claims Settlement Act (43 U.S.C. 1601
et seq.).
(3) SECRETARY CONCERNED.—The term ‘‘Sec-
retary concerned’’ means—
(A) the Secretary of Agriculture or the
designee of the Secretary of Agriculture with
302
respect to the Federal lands described in para-
graph (1)(A); and
(B) the Secretary of the Interior or the
designee of the Secretary of the Interior with
respect to the Federal lands described in para-
graphs (1)(B) and (1)(C).
SEC. 807. MCINTIRE-STENNIS COOPERATIVE FORESTRY RE-
SEARCH PROGRAM.
It is the sense of Congress to reaffirm the importance
of Public Law 87–88 (16 U.S.C. 582a et seq.), commonly
known as the McIntire-Stennis Cooperative Forestry Act.
TITLE IX—MISCELLANEOUS
PROVISIONS
Subtitle A—Tree Assistance
Program
SEC. 901. ELIGIBILITY.
(a) LOSS.—Subject to the limitation in subsection
(b), the Secretary of Agriculture shall provide assistance,
as specified in section 902, to eligible orchardists that
planted trees for commercial purposes but lost such trees
as a result of a natural disaster, as determined by the
Secretary.
(b) LIMITATION.—An eligible orchardist shall qualify
for assistance under subsection (a) only if such orchard-
303
ist’s tree mortality, as a result of the natural disaster, ex-
ceeds 15 percent (adjusted for normal mortality).
SEC. 902. ASSISTANCE.
The assistance provided by the Secretary of Agri-
culture to eligible orchardists for losses described in sec-
tion 901 shall consist of either—
(1) reimbursement of 75 percent of the cost of
replanting trees lost due to a natural disaster, as de-
termined by the Secretary, in excess of 15 percent
mortality (adjusted for normal mortality); or
(2) at the discretion of the Secretary, sufficient
seedlings to reestablish the stand.
SEC. 903. LIMITATION ON ASSISTANCE.
(a) LIMITATION.—The total amount of payments
that a person shall be entitled to receive under this subtitle
may not exceed $50,000, or an equivalent value in tree
seedlings.
(b) REGULATIONS.—The Secretary of Agriculture
shall issue regulations—
(1) defining the term ‘‘person’’ for the purposes
of this subtitle, which shall conform, to the extent
practicable, to the regulations defining the term
‘‘person’’ issued under section 1001 of the Food Se-
curity Act of 1985 (7 U.S.C. 1308) and the Disaster
Assistance Act of 1988 (7 U.S.C. 1421 note); and
304
(2) prescribing such rules as the Secretary de-
termines necessary to ensure a fair and reasonable
application of the limitation established under this
section.
SEC. 904. DEFINITIONS.
In this subtitle:
(1) ELIGIBLE ORCHARDIST.—The term ‘‘eligible
orchardist’’ means a person who produces annual
crops from trees for commercial purposes and owns
500 acres or less of such trees.
(2) NATURAL DISASTER.—The term ‘‘natural
disaster’’ includes plant disease, insect infestation,
drought, fire, freeze, flood, earthquake, and other
occurrences, as determined by the Secretary.
(3) TREE.—The term ‘‘tree’’ includes trees,
bushes, and vines.
SEC. 905. DUPLICATIVE PAYMENTS.
The Secretary of Agriculture shall establish guide-
lines to ensure that no person receives duplicative pay-
ments under this subtitle and the forestry incentives pro-
gram, agricultural conservation program, or other Federal
program.
305
Subtitle B—Other Matters
SEC. 911. HAZARDOUS FUEL REDUCTION GRANTS TO PRE-
VENT WILDFIRE DISASTERS AND TRANS-
FORM HAZARDOUS FUELS TO ELECTRIC EN-
ERGY, USEFUL HEAT, OR TRANSPORTATION
FUELS.
(a) FINDINGS.—Congress finds the following:
(1) The damages caused by wildfire disasters
have been equivalent in magnitude to the damage re-
sulting from the Northridge earthquake, Hurricane
Andrew, and the recent flooding of the Mississippi
River and the Red River.
(2) More than 20,000 communities in the
United States are at risk to wildfire and approxi-
mately 11,000 of these communities are located near
Federal lands. More than 72,000,000 acres of Na-
tional Forest System lands and 57,000,000 acres of
lands managed by the Secretary of the Interior are
at risk of catastrophic fire in the near future. The
accumulation of heavy forest fuel loads continues to
increase as a result of disease, insect infestations,
and drought, further raising the risk of fire each
year.
(3) Modification of forest fuel load conditions
through the removal of hazardous fuels will minimize
306
catastrophic damage from wildfires, reducing the
need for emergency funding to respond to wildfires
and protecting lives, communities, watersheds, and
wildlife habitat.
(4) The hazardous fuels removed from forest
lands represent an abundant renewable resource as
well as a significant supply of biomass for biomass-
to-energy facilities.
(b) HAZARDOUS FUELS TO ENERGY GRANT PRO-
GRAM.—The Secretary concerned may make a grant to a
person that operates a biomass-to-energy facility to offset
the costs incurred to purchase hazardous fuels from forest
lands for use by the facility in the production of electric
energy, useful heat, or transportation fuels. The Secretary
concerned shall select grant recipients on the basis of their
planned purchases of hazardous fuels and the level of an-
ticipated benefits to reduced wildfire risk.
(c) GRANT AMOUNTS.—A grant under this section
shall be equal to at least $5 per ton of hazardous fuels
delivered, but not to exceed $10 per ton of hazardous fuels
delivered, based on the distance of the hazardous fuels
from the biomass-to-energy facility.
(d) MONITORING
OF GRANT RECIPIENT ACTIVI-
TIES.—As a condition on a grant under this section, the
grant recipient shall keep such records as the Secretary
307
concerned may require to fully and correctly disclose the
use of the grant funds and all transactions involved in the
purchase of hazardous fuels derived from forest lands.
Upon notice by a duly authorized representative of the
Secretary concerned, the operator of a biomass-to-energy
facility that purchases or uses the resulting hazardous
fuels shall afford the representative reasonable access to
the facility and an opportunity to examine the inventory
and records of the facility.
(e) MONITORING OF EFFECT OF TREATMENTS.—The
Secretary concerned shall monitor Federal lands from
which hazardous fuels are removed and sold to a biomass-
to-energy facility to determine and document the reduction
in fire hazards on such lands.
(f) DEFINITIONS.—In this section:
(1) BIOMASS-TO-ENERGY FACILITY.—The term
‘‘biomass-to-energy facility’’ means a facility that
uses forest biomass as a raw material to produce
electric energy, useful heat, or transportation fuels.
(2) FOREST BIOMASS.—The term ‘‘forest bio-
mass’’ means hazardous fuels and biomass accumu-
lations from precommercial thinnings, slash, and
brush on forest lands that do not satisfy the defini-
tion of hazardous fuels.
308
(3) HAZARDOUS FUELS.—The term ‘‘hazardous
fuels’’ means any unnaturally excessive accumulation
of organic material, particularly in areas designated
as condition class 2 or condition class 3 (as defined
in the report entitled ‘‘Protecting People and Sus-
tainable Resources in Fire-Adapted Ecosystems’’,
prepared by the Forest Service, and dated October
13, 2000), on forest lands that the Secretary con-
cerned determines poses a substantial present or po-
tential hazard to forest ecosystems, wildlife, human,
community, or firefighter safety in the case of a
wildfire, particularly a wildfire in a drought year.
(4) SECRETARY CONCERNED.—The term ‘‘Sec-
retary concerned’’ means—
(A) the Secretary of Agriculture or the
designee of the Secretary of Agriculture with
respect to the National Forest System lands
and private lands.
(B) the Secretary of the Interior or the
designee of the Secretary of the Interior with
respect to Federal lands under the jurisdiction
of the Secretary of the Interior and Indian
lands.
309
(g) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated $50,000,000 for each fiscal
year to carry out this section.
SEC. 912. BIOENERGY PROGRAM.
Notwithstanding any limitations in the Commodity
Credit Corporation Charter Act (15 U.S.C. 714 et seq.)
or part 1424 of title 7, Code of Federal Regulations, the
Commodity Credit Corporation shall designate animal
fats, agricultural byproducts, and oils as eligible agricul-
tural commodities for use in the Bioenergy Program to
promote industrial consumption of agricultural commod-
ities for the production of ethanol and biodiesel fuels.
SEC. 913. AVAILABILITY OF SECTION 32 FUNDS.
The 2d undesignated paragraph of section 32 of the
Act of August 24, 1935 (Public Law 320; 49 Stat. 774;
7 U.S.C. 612c), is amended by striking ‘‘$300,000,000’’
and inserting ‘‘$500,000,000’’.
SEC. 914. SENIORS FARMERS’ MARKET NUTRITION PRO-
GRAM.
For each of the fiscal years 2002 through 2011, the
Secretary of Agriculture shall use $15,000,000 of the
funds available to the Commodity Credit Corporation to
carry out and expand a seniors farmers’ market nutrition
program. The purposes of the seniors farmers’ market nu-
trition program are—
310
(1) to provide resources in the form of fresh,
nutritious, unprepared, locally grown fruits, vegeta-
bles, and herbs from farmers’ markets, roadside
stands and community supported agriculture pro-
grams to low-income seniors;
(2) to increase the domestic consumption of ag-
ricultural commodities by expanding or aiding in the
expansion of domestic farmers’ markets, roadside
stands, and community supported agriculture pro-
grams; and
(3) to develop or aid in the development of new
and additional farmers’ markets, roadside stands,
and community supported agriculture programs.
SEC. 915. FEDERAL MARKETING ORDER FOR CANE BER-
RIES.
The Secretary of Agriculture shall issue a Federal
marketing order for cane berries grown in the United
States.
Æ