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nancial and technical assistance to the Dry Creek/Neff’s
Grove project, Utah, and the Jefferson River Watershed,
Montana.
SEC. 748. Section 307 of Title III—Denali Commis-
sion of Division C—Other Matters of Public Law 105–277,
as amended, is further amended by adding a new subsection
at the end thereof as follows:
‘‘(d) SOLID WASTE.—The Secretary of Agriculture is
authorized to make direct lump sum payments to the Denali
Commission to address deficiencies in solid waste disposal
sites which threaten to contaminate rural drinking water
supplies.’’.
SEC. 749. The $5,000,000 of unobligated balances
available at the beginning of fiscal year 2003 for the experi-
mental Rural Clean Water Program authorized under the
headings ‘‘Agricultural Stabilization and Conservation
Service—Rural Clean Water Program’’ in Public Law 96–
108 (93 Stat. 835) and Public Law 96–528 (95 Stat. 3111)
are hereby rescinded.
SEC. 750. The Secretary of Agriculture is authorized
to make loans and grants to expand the state of Alaska’s
dairy industry and related milk processing and packaging
facilities. There is authorized to be appropriated $5,000,000
to carry out this section for each fiscal years 2003 through
2007.
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SEC. 751. Up to $2,000,000 of the funds made avail-
able to the Food and Nutrition Service for studies and eval-
uations may be transferred to and merged with the appro-
priation for the Economic Research Service, to conduct
studies and evaluations on behalf of the Food and Nutrition
Service.
SEC. 752. The Secretary, if presented with a complete
and fully compliant application, including an approved
third party to hold the development easement, to protect the
33.8 acre farm formerly operated by American Airlines
Captain John Ogonowski from development through the
Farmland Protection Program, shall waive the matching
fund requirements of the program, if necessary. Farmland
Protection Program funds provided shall not exceed the ap-
praised fair market value of the land, as determined con-
sistent with program requirements. Any additional funding
provided to carry out this project shall not come at the ex-
pense of an allocation to any other State.
SEC. 753. The Secretary of Agriculture is authorized
to permit employees of the United States Department of Ag-
riculture to carry and use firearms for personal protection
while conducting field work in remote locations in the per-
formance of their official duties.
SEC. 754. Of the funds made available for the Export
Enhancement Program, pursuant to section 301(e) of the
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Agricultural Trade Act of 1978, as amended by Public Law
104–127, not more than $28,000,000 shall be available in
fiscal year 2003.
SEC. 755. Notwithstanding subsections (c) and (e)(2)
of section 313A of the Rural Electrification Act (7 U.S.C.
940c(c) and (e)(2)) in implementing section 313A of that
Act, the Secretary shall, with the consent of the lender,
structure the schedule for payment of the annual fee, not
to exceed an average of 30 basis points per year for the
term of the loan, to ensure that sufficient funds are avail-
able to pay the subsidy costs for note guarantees under that
section.
SEC. 756. RESTORATION OF FISH, WILDLIFE, AND AS-
SOCIATED HABITATS IN WATERSHEDS OF CERTAIN LAKES.
(a) IN GENERAL.—In carrying out section 2507 of Public
Law 107–171, the Secretary of the Interior, acting through
the Commissioner of Reclamation, shall—
(1) subject to paragraph (3), provide water and
assistance under that section only for the Pyramid,
Summit, and Walker Lakes in the State of Nevada;
(2) use $1,000,000 for the creation of a fish
hatchery at Walker Lake to benefit the Walker River
Paiute Tribe; and
(3) use $2,000,000 to provide grants, to be di-
vided equally, to the State of Nevada, the State of
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California, the Truckee Meadows Water Authority,
and the Pyramid Lake Paiute Tribe, to implement
the Truckee River Settlement Act, Public Law 101–
618.
(b) ADMINISTRATION.—The Secretary of the Interior,
acting through the Commissioner of Reclamation, may pro-
vide financial assistance to State and local public agencies,
Indian tribes, nonprofit organizations, and individuals to
carry out this section and section 2507 of Public Law 107–
171.
SEC. 757. In addition to amounts appropriated by this
Act under the heading ‘‘Public Law 480 Title II Grants’’,
there is appropriated, out of funds in the Treasury not oth-
erwise appropriated, $500,000,000 for assistance for emer-
gency relief activities: Provided, That the amount appro-
priated under this section shall remain available through
September 30, 2004.
SEC. 758. MARKETING ASSISTANCE LOANS AND LOAN
DEFICIENCY PAYMENTS FOR OTHER OILSEEDS, DRY PEAS,
LENTILS, AND SMALL CHICKPEAS. (a) DEFINITION
OF
OTHER OILSEED.—Section 1001(9) of the Farm Security
and Rural Investment Act of 2002 (7 U.S.C. 7901(9)) is
amended by inserting ‘‘crambe, sesame seed,’’ after ‘‘mus-
tard seed,’’.
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(b) LOAN RATES FOR NONRECOURSE MARKETING AS-
SISTANCE LOANS.—Section 1202 of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 7932) is
amended—
(1) in subsection (a), by striking paragraph (10)
and inserting the following:
‘‘(10) In the case of other oilseeds, $.0960 per
pound for each of the following kinds of oilseeds:
‘‘(A) Sunflower seed.
‘‘(B) Rapeseed.
‘‘(C) Canola.
‘‘(D) Safflower.
‘‘(E) Flaxseed.
‘‘(F) Mustard seed.
‘‘(G) Crambe.
‘‘(H) Sesame seed.
‘‘(I) Other oilseeds designated by the Sec-
retary.’’;
(2) in subsection (b), by striking paragraph (10)
and inserting the following:
‘‘(10) In the case of other oilseeds, $.0930 per
pound for each of the following kinds of oilseeds:
‘‘(A) Sunflower seed.
‘‘(B) Rapeseed.
‘‘(C) Canola.
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(1) in subsection (a), by striking ‘‘and extra long
staple cotton’’ and inserting ‘‘extra long staple cotton,
and confectionery and each other kind of sunflower
seed (other than oil sunflower seed)’’;
(2) by redesignating subsection (f) as subsection
(h); and
(3) by inserting after subsection (e) the following:
‘‘(f) REPAYMENT RATES FOR CONFECTIONERY AND
OTHER KINDS
OF SUNFLOWER SEEDS.—The Secretary
shall permit the producers on a farm to repay a marketing
assistance loan under section 1201 for confectionery and
each other kind of sunflower seed (other than oil sunflower
seed) at a rate that is the lesser of—
‘‘(1) the loan rate established for the commodity
under section 1202, plus interest (determined in ac-
cordance with section 163 of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C.
7283)); or
‘‘(2) the repayment rate established for oil sun-
flower seed.
‘‘(g) QUALITY GRADES FOR DRY PEAS, LENTILS, AND
SMALL CHICKPEAS.—The loan repayment rate for dry
peas, lentils, and small chickpeas shall be based on the qual-
ity grades for the applicable commodity specified in section
1202(d).’’.
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(d) APPLICABILITY.—This section and the amend-
ments made by this section apply beginning with the 2003
crop of other oilseeds (as defined in section 1001 of the
Farm Security and Rural Investment Act of 2002 (7 U.S.C.
7901)), dry peas, lentils, and small chickpeas.
SEC. 759. VALUE-ADDED PROJECTS FOR AGRICUL-
TURAL DIVERSIFICATION. Of the amount of funds that are
made available to producers in the State of Vermont under
section 524 of the Federal Crop Insurance Act (7 U.S.C.
1524) for fiscal year 2003, the Secretary of Agriculture may
make a grant of $200,000 to the Northeast Center for Food
Entrepreneurship at the University of Vermont to support
value-added projects that contribute to agricultural diver-
sification in the State, to remain available until expended.
SEC. 760. PRICE SUPPORT ADJUSTMENTS. (a) CARRY
FORWARD ADJUSTMENT.—Section 319(e) of the Agricul-
tural Adjustment Act of 1938 (7 U.S.C. 1314e(e)) is amend-
ed in the fifth sentence—
(1) by striking ‘‘: Provided, That’’ and inserting
‘‘, except that (1)’’; and
(2) by inserting before the period at the end the
following: ‘‘, (2) the total quantity of all adjustments
under this sentence for all farms for any crop year
may not exceed 10 percent of the national basic quota
for the preceding crop year, and (3) this sentence
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shall not apply to the establishment of a marketing
quota for the 2003 marketing year’’.
(b) SPECIAL REQUIREMENTS.—During the period be-
ginning on the date of enactment of this Act and ending
on the last day of the 2002 marketing year for the kind
of tobacco involved, the Secretary of Agriculture may waive
the application of section 1464.2(b)(2) of title 7, Code of
Federal Regulations.
(c) REGULATIONS.—
(1) IN GENERAL.—The Secretary of Agriculture
may promulgate such regulations as are necessary to
implement this section and the amendments made by
this section.
(2) PROCEDURE.—The promulgation of the regu-
lations and administration of this section and the
amendments made by this section shall be made with-
out regard to—
(A) the notice and comment provisions of
section 553 of title 5, United States Code;
(B) the Statement of Policy of the Secretary
of Agriculture effective July 24, 1971 (36 Fed.
Reg. 13804), relating to notices of proposed rule-
making and public participation in rulemaking;
and
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(C) chapter 35 of title 44, United States
Code (commonly known as the ‘‘Paperwork Re-
duction Act’’).
(3) CONGRESSIONAL REVIEW OF AGENCY RULE-
MAKING.—In carrying out this subsection, the Sec-
retary shall use the authority provided under section
808 of title 5, United States Code.
SEC. 761. SENSE OF THE SENATE CONCERNING CER-
TAIN FUNDS FOR TECHNICAL ASSISTANCE FOR MANDATORY
CONSERVATION PROGRAMS. (a) FINDINGS.—The Senate
finds that—
(1) conservation technical assistance provided
through the Department of Agriculture is essential to
help the farmers, ranchers, and landowners of the
United States to implement and maintain critical
conservation practices;
(2) Congress provided a historic increase in
mandatory funding for voluntary conservation efforts
in the Farm Security and Rural Investment Act of
2002 (Public Law 107–171);
(3) in that Act, Congress provided mandatory
funding sufficient to cover all conservation technical
assistance needed to carry out conservation programs;
(4) under that Act, conservation technical assist-
ance is provided to carry out conservation programs;
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(5) the General Accounting Office has determined
that, under the Farm Security and Rural Investment
Act of 2002, funding for conservation technical
assistance—
(A) is provided directly for conservation
programs; and
(B) is not subject to the limitation specified
in section 11 of the Commodity Credit Corpora-
tion Charter Act (15 U.S.C. 714i); and
(6) the General Accounting Office has determined
that funds in the Conservation Operations account
cannot be used to fund conservation technical assist-
ance for conservation programs under the Farm Secu-
rity and Rural Investment Act of 2002.
(b) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that—
(1) the President should provide full funding for
conservation technical assistance in order to imple-
ment conservation programs under title XII of the
Food Security Act of 1985 (16 U.S.C. 3801 et seq.);
and
(2) the President should not use funds from the
Conservation Operations account to provide conserva-
tion technical assistance for carrying out conservation
programs directly funded by that title.