548 
Subtitle B—Socially Disadvantaged 
Producers 
and 
Limited 
Re-
source Producers 
SEC. 11201. OUTREACH AND ASSISTANCE FOR SOCIALLY 
DISADVANTAGED FARMERS AND RANCHERS 
AND VETERAN FARMERS AND RANCHERS. 
(a) OUTREACH AND ASSISTANCE FOR SOCIALLY DIS-
ADVANTAGED FARMERS AND RANCHERS AND VETERAN 
FARMERS AND RANCHERS.—Section 2501 of the Food, 
Agriculture, Conservation, and Trade Act of 1990 (7 
U.S.C. 2279) is amended— 
(1) in the section heading, by inserting ‘‘AND 
VETERAN
FARMERS
AND
RANCHERS’’ after 
‘‘RANCHERS’’; 
(2) in subsection (a)— 
(A) in paragraph (1), by inserting ‘‘and 
veteran farmers or ranchers’’ after ‘‘ranchers’’; 
(B) in paragraph (2)(B)(i), by inserting 
‘‘and veteran farmers or ranchers’’ after 
‘‘ranchers’’; and 
(C) in paragraph (4)— 
(i) in subparagraph (A)— 
(I) in the heading of such sub-
paragraph, by striking ‘‘2012’’ and in-
serting ‘‘2018’’;
549 
(II) in clause (i), by striking 
‘‘and’’ at the end; 
(III) in clause (ii), by striking 
the period at the end and inserting ‘‘; 
and’’; and 
(IV) by adding at the end the fol-
lowing new clause: 
‘‘(iii) $10,000,000 for each of fiscal 
years 2014 through 2018.’’; and 
(ii) by adding at the end the following 
new subparagraph: 
‘‘(E) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There are authorized to be appro-
priated to carry out this section $20,000,000 
for each of fiscal years 2014 through 2018.’’; 
(3) in subsection (b)(2), by inserting ‘‘or vet-
eran farmers and ranchers’’ after ‘‘socially disadvan-
taged farmers and ranchers’’; 
(4) in subsection (c)— 
(A) in paragraph (1)(A), by inserting ‘‘vet-
eran farmers or ranchers and’’ before ‘‘mem-
bers’’; and 
(B) in paragraph (2)(A), by inserting ‘‘vet-
eran farmers or ranchers and’’ before ‘‘mem-
bers’’; and
550 
(5) in subsection (e)(5)(A)— 
(A) in clause (i), by inserting ‘‘and veteran 
farmers or ranchers’’ after ‘‘ranchers’’; and 
(B) in clause (ii), by inserting ‘‘and vet-
eran farmers or ranchers’’ after ‘‘ranchers’’. 
(b) DEFINITION OF VETERAN FARMER OR RANCH-
ER.—Section 2501(e) of the Food, Agriculture, Conserva-
tion, and Trade Act of 1990 (7 U.S.C. 2279(e)) is amend-
ed by adding at the end the following new paragraph: 
‘‘(7) VETERAN
FARMER
OR
RANCHER.—The 
term ‘veteran farmer or rancher’ means a farmer or 
rancher who served in the active military, naval, or 
air service, and who was discharged or released from 
the service under conditions other than dishonor-
able.’’. 
SEC. 11202. OFFICE OF ADVOCACY AND OUTREACH. 
Paragraph (3) of section 226B(f) of the Department 
of Agriculture Reorganization Act of 1994 (7 U.S.C. 
6934(f)) is amended to read as follows: 
‘‘(3) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to carry out 
this subsection— 
‘‘(A) such sums as are necessary for each 
of fiscal years 2009 through 2013; and
551 
‘‘(B) $2,000,000 for each of fiscal years 
2014 through 2018.’’. 
SEC. 11203. SOCIALLY DISADVANTAGED FARMERS AND 
RANCHERS POLICY RESEARCH CENTER. 
Section 2501 of the Food, Agriculture, Conservation, 
and Trade Act of 1990 (7 U.S.C. 2279), as amended by 
section 11201, is amended by adding at the end the fol-
lowing new subsection: 
‘‘(i) SOCIALLY
DISADVANTAGED
FARMERS
AND 
RANCHERS POLICY RESEARCH CENTER.—The Secretary 
shall award a grant to a college or university eligible to 
receive funds under the Act of August 30, 1890 (7 U.S.C. 
321 et seq.), including Tuskegee University, to establish 
a policy research center to be known as the ‘Socially Dis-
advantaged Farmers and Ranchers Policy Research Cen-
ter’ for the purpose of developing policy recommendations 
for the protection and promotion of the interests of so-
cially disadvantaged farmers and ranchers.’’. 
SEC. 11204. RECEIPT FOR SERVICE OR DENIAL OF SERVICE 
FROM 
CERTAIN 
DEPARTMENT 
OF 
AGRI-
CULTURE AGENCIES. 
Section 2501A(e) of the Food, Agriculture, Conserva-
tion, and Trade Act of 1990 (7 U.S.C. 2279–1(e)) is 
amended by striking ‘‘and, at the time of the request, also 
requests a receipt’’.
552 
Subtitle C—Other Miscellaneous 
Provisions 
SEC. 11301. GRANTS TO IMPROVE SUPPLY, STABILITY, 
SAFETY, AND TRAINING OF AGRICULTURAL 
LABOR FORCE. 
Subsection (d) of section 14204 of the Food, Con-
servation, and Energy Act of 2008 (7 U.S.C. 2008q–1) 
is amended to read as follows: 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this sec-
tion— 
‘‘(1) such sums as are necessary for each of fis-
cal years 2008 through 2013; and 
‘‘(2) $10,000,000 for each of fiscal years 2014 
through 2018.’’. 
SEC. 11302. PROGRAM BENEFIT ELIGIBILITY STATUS FOR 
PARTICIPANTS 
IN 
HIGH 
PLAINS 
WATER 
STUDY. 
Section 2901 of the Food, Conservation, and Energy 
Act of 2008 (Public Law 110–246; 122 Stat. 1818) is 
amended by striking ‘‘this Act or an amendment made by 
this Act’’ and inserting ‘‘this Act, an amendment made 
by this Act, the Federal Agriculture Reform and Risk 
Management Act of 2013, or an amendment made by the
553 
Federal Agriculture Reform and Risk Management Act of 
2013’’. 
SEC. 11303. OFFICE OF TRIBAL RELATIONS. 
(a) IN GENERAL.—Title III of the Federal Crop In-
surance Reform and Department of Agriculture Reorga-
nization Act of 1994 is amended by adding after section 
308 (7 U.S.C. 3125a note; Public Law 103–354) the fol-
lowing new section: 
‘‘SEC. 309. OFFICE OF TRIBAL RELATIONS. 
‘‘The Secretary shall establish in the Office of the 
Secretary an Office of Tribal Relations to advise the Sec-
retary on policies related to Indian tribes.’’. 
(b) CONFORMING AMENDMENT.—Section 296(b) of 
the Department of Agriculture Reorganization Act of 
1994 (7 U.S.C. 7014(b)) is amended by inserting after 
paragraph (8), as added by section 3207, the following 
new paragraph: 
‘‘(9) the authority of the Secretary to establish 
in the Office of the Secretary the Office of Tribal 
Relations in accordance with section 309; and’’. 
SEC. 11304. MILITARY VETERANS AGRICULTURAL LIAISON. 
(a) IN GENERAL.—Subtitle A of the Department of 
Agriculture Reorganization Act of 1994 is amended by in-
serting after section 218 (7 U.S.C. 6918) the following 
new section:
555 
(b) CONFORMING AMENDMENT.—Section 296(b) of 
the Department of Agriculture Reorganization Act of 
1994 (7 U.S.C. 7014(b)) is amended by inserting after 
paragraph (9), as added by section 11303, the following 
new paragraph: 
‘‘(10) the authority of the Secretary to establish 
in the Department the position of Military Veterans 
Agricultural Liaison in accordance with section 
219.’’. 
SEC. 11305. PROHIBITION ON KEEPING GSA LEASED CARS 
OVERNIGHT. 
Effective immediately, a Federal employee of a State 
office of the Farm Service Agency in the field and non- 
Federal employees of county and area committees estab-
lished under section 8(b)(5) of the Soil Conservation and 
Domestic Allotment Act (16 U.S.C. 590h(b)(5)) shall keep 
leased interagency motor pool vehicles at a location listed 
on the General Services Administration inventory of 
owned and leased properties or a location owned or leased 
by the Department of Agriculture overnight unless the em-
ployee assigned the vehicle is on overnight, approved travel 
status involving per diem.
556 
SEC. 11306. NONINSURED CROP ASSISTANCE PROGRAM. 
Section 196 of the Federal Agriculture Improvement 
and Reform Act of 1996 (7 U.S.C. 7333), as amended 
by section 10013(b), is further amended— 
(1) in subsection (a)— 
(A) by striking paragraph (1) and insert-
ing the following new paragraph: 
‘‘(1) IN GENERAL.— 
‘‘(A) COVERAGES.—In the case of an eligi-
ble crop described in paragraph (2), the Sec-
retary of Agriculture shall operate a noninsured 
crop disaster assistance program to provide cov-
erages based on individual yields (other than 
for value-loss crops) equivalent to— 
‘‘(i) catastrophic risk protection avail-
able under section 508(b) of the Federal 
Crop Insurance Act (7 U.S.C. 1508(b)); or 
‘‘(ii) additional coverage available 
under subsections (c) and (h) of section 
508 of that Act (7 U.S.C. 1508) that does 
not exceed 65 percent. 
‘‘(B) ADMINISTRATION.—The Secretary 
shall carry out this section through the Farm 
Service Agency (referred to in this section as 
the ‘Agency’).’’; and 
(B) in paragraph (2)—
557 
(i) in subparagraph (A)— 
(I) in clause (i), by striking 
‘‘and’’ after the semicolon at the end; 
(II) by redesignating clause (ii) 
as clause (iii); and 
(III) by inserting after clause (i) 
the following new clause: 
‘‘(ii) for which additional coverage 
under subsections (c) and (h) of section 
508 of that Act (7 U.S.C. 1508) is not 
available; and’’; and 
(ii) in subparagraph (B), by inserting 
‘‘sweet sorghum, biomass sorghum,’’ before 
‘‘and industrial crops’’; 
(2) in subsection (d), by striking ‘‘The Sec-
retary’’ and inserting ‘‘Subject to subsection (l), the 
Secretary’’; and 
(3) by adding at the end the following new sub-
section: 
‘‘(l) PAYMENT EQUIVALENT TO ADDITIONAL COV-
ERAGE.— 
‘‘(1) IN GENERAL.—The Secretary shall make 
available to a producer eligible for noninsured assist-
ance under this section a payment equivalent to an 
indemnity for additional coverage under subsections
558 
(c) and (h) of section 508 of the Federal Crop In-
surance Act (7 U.S.C. 1508) that does not exceed 
65 percent of the established yield for the eligible 
crop on the farm, computed by multiplying— 
‘‘(A) the quantity that is not greater than 
65 percent of the established yield for the crop, 
as determined by the Secretary, specified in in-
crements of 5 percent; 
‘‘(B) 100 percent of the average market 
price for the crop, as determined by the Sec-
retary; and 
‘‘(C) a payment rate for the type of crop, 
as determined by the Secretary, that reflects— 
‘‘(i) in the case of a crop that is pro-
duced with a significant and variable har-
vesting expense, the decreasing cost in-
curred in the production cycle for the crop 
that is, as applicable— 
‘‘(I) harvested; 
‘‘(II) planted but not harvested; 
or 
‘‘(III) 
prevented 
from 
being 
planted because of drought, flood, or 
other natural disaster, as determined 
by the Secretary; or
559 
‘‘(ii) in the case of a crop that is pro-
duced without a significant and variable 
harvesting expense, such rate as shall be 
determined by the Secretary. 
‘‘(2) PREMIUM.—To be eligible to receive a pay-
ment under this subsection, a producer shall pay— 
‘‘(A) the service fee required by subsection 
(k); and 
‘‘(B) a premium for the applicable crop 
year that is equal to the product obtained by 
multiplying— 
‘‘(i) the number of acres devoted to 
the eligible crop; 
‘‘(ii) the established yield for the eligi-
ble crop, as determined by the Secretary 
under subsection (e); 
‘‘(iii) the coverage level elected by the 
producer; 
‘‘(iv) the average market price, as de-
termined by the Secretary; and 
‘‘(v) .0525. 
‘‘(3) LIMITED RESOURCE, BEGINNING, AND SO-
CIALLY DISADVANTAGED FARMERS.—The additional 
coverage made available under this subsection shall 
be available to limited resource, beginning, and so-
560 
cially disadvantaged producers, as determined by the 
Secretary, in exchange for a premium that is 50 per-
cent of the premium determined for a producer 
under paragraph (2). 
‘‘(4) PREMIUM
PAYMENT
AND
APPLICATION 
DEADLINE.— 
‘‘(A) PREMIUM
PAYMENT.—A producer 
electing additional coverage under this sub-
section shall pay the premium amount owed for 
the additional coverage by September 30 of the 
crop year for which the additional coverage is 
purchased. 
‘‘(B) APPLICATION DEADLINE.—The latest 
date on which additional coverage under this 
subsection may be elected shall be the applica-
tion closing date described in subsection (b)(1). 
‘‘(5) EFFECTIVE
DATE.—Additional coverage 
under this subsection shall be available beginning 
with the 2015 crop.’’. 
SEC. 11307. ENSURING HIGH STANDARDS FOR AGENCY USE 
OF SCIENTIFIC INFORMATION. 
(a) REQUIREMENT FOR FINAL GUIDELINES.—Not 
later than January 1, 2014, each Federal agency shall 
have in effect guidelines for ensuring and maximizing the
561 
quality, objectivity, utility, and integrity of scientific infor-
mation relied upon by such agency. 
(b) CONTENT OF GUIDELINES.—The guidelines de-
scribed in subsection (a), with respect to a Federal agency, 
shall ensure that— 
(1) when scientific information is considered by 
the agency in policy decisions— 
(A) the information is subject to well-es-
tablished scientific processes, including peer re-
view where appropriate; 
(B) the agency appropriately applies the 
scientific information to the policy decision; 
(C) except for information that is pro-
tected from disclosure by law or administrative 
practice, the agency makes available to the pub-
lic the scientific information considered by the 
agency; 
(D) the agency gives greatest weight to in-
formation that is based on experimental, empir-
ical, quantifiable, and reproducible data that is 
developed in accordance with well-established 
scientific processes; and 
(E) with respect to any proposed rule 
issued by the agency, such agency follows proce-
dures that include, to the extent feasible and
562 
permitted by law, an opportunity for public 
comment on all relevant scientific findings; 
(2) the agency has procedures in place to make 
policy decisions only on the basis of the best reason-
ably obtainable scientific, technical, economic, and 
other evidence and information concerning the need 
for, consequences of, and alternatives to the deci-
sion; and 
(3) the agency has in place procedures to iden-
tify and address instances in which the integrity of 
scientific information considered by the agency may 
have been compromised, including instances in which 
such information may have been the product of a 
scientific process that was compromised. 
(c) APPROVAL NEEDED FOR POLICY DECISIONS TO 
TAKE EFFECT.—No policy decision issued after January 
1, 2014, by an agency subject to this section may take 
effect prior to such date that the agency has in effect 
guidelines under subsection (a) that have been approved 
by the Director of the Office of Science and Technology 
Policy. 
(d) POLICY DECISIONS NOT IN COMPLIANCE.— 
(1) IN GENERAL.—Subject to paragraph (2), a 
policy decision of an agency that does not comply 
with guidelines approved under subsection (c) shall
563 
be deemed to be arbitrary, capricious, an abuse of 
discretion, and otherwise not in accordance with law. 
(2) EXCEPTION.—This subsection shall not 
apply to policy decisions that are deemed to be nec-
essary because of an imminent threat to health or 
safety or because of another emergency. 
(e) DEFINITIONS.—For purposes of this section: 
(1) AGENCY.—The term ‘‘agency’’ has the 
meaning given such term in section 551(1) of title 
5, United States Code. 
(2) POLICY DECISION.—The term ‘‘policy deci-
sion’’ means, with respect to an agency, an agency 
action as defined in section 551(13) of title 5, 
United States Code, (other than an adjudication, as 
defined in section 551(7) of such title), and in-
cludes— 
(A) the listing, labeling, or other identifica-
tion of a substance, product, or activity as haz-
ardous or creating risk to human health, safety, 
or the environment; and 
(B) agency guidance. 
(3) AGENCY
GUIDANCE.—The term ‘‘agency 
guidance’’ means an agency statement of general ap-
plicability and future effect, other than a regulatory 
action, that sets forth a policy on a statutory, regu-
564 
latory, or technical issue or on an interpretation of 
a statutory or regulatory issue. 
SEC. 11308. EVALUATION REQUIRED FOR PURPOSES OF 
PROHIBITION ON CLOSURE OR RELOCATION 
OF COUNTY OFFICES FOR THE FARM SERV-
ICE AGENCY. 
(a) PROHIBITION ON CLOSURE OR RELOCATION OF 
OFFICES WITH HIGH WORKLOAD VOLUME.—Section 
14212 of the Food, Conservation, and Energy Act of 2008 
(7 U.S.C. 6932a) is amended by striking subsection (a) 
and inserting the following new subsection: 
‘‘(a) PROHIBITION ON CLOSURE OR RELOCATION OF 
OFFICES WITH HIGH WORKLOAD VOLUME.—The Sec-
retary of Agriculture may not close or relocate a county 
or field office of the Farm Service Agency in a State if 
the Secretary determines, after conducting the evaluation 
required under subsection (b)(1)(B), that the office has 
a high workload volume compared with other county of-
fices in the State.’’. 
(b) WORKLOAD EVALUATION.—Section 14212(b)(1) 
of such Act (7 U.S.C. 6932a(b)(1)) is amended— 
(1) by redesignating subparagraphs (A) and 
(B) as clauses (i) and (ii), respectively, and moving 
the margins of such clauses two ems to the right;
565 
(2) by striking ‘‘the Farm Service Agency, to 
the maximum extent practicable’’ and inserting ‘‘the 
Farm Service Agency— 
‘‘(A) to the maximum extent practicable’’; 
(3) in clause (ii) (as redesignated by paragraph 
(1))— 
(A) by inserting ‘‘as of the date of the en-
actment of this Act’’ after ‘‘employees’’; and 
(B) by striking the period at the end and 
inserting ‘‘; and’’; and 
(4) by adding at the end the following new sub-
paragraph: 
‘‘(B) conduct and complete an evaluation 
of all workload assessments for Farm Service 
Agency county offices that were open and oper-
ational as of January 1, 2012, during the pe-
riod that begins on a date that is not later than 
180 days after the date of the enactment of the 
Federal Agriculture Reform and Risk Manage-
ment Act of 2013 and ends on the date that is 
18 months after such date of enactment.’’. 
(c) NOTICE REQUIRED.—Section 14212(b)(2) of 
such Act (7 U.S.C. 6932a(b)(2)) is amended— 
(1) in the matter preceding subparagraph (A), 
by striking ‘‘After the period referred to in sub-
566 
section (a)(1), the Secretary of Agriculture may not 
close a county or field office of the Farm Service 
Agency unless—’’ and inserting ‘‘After carrying out 
each of the activities required under paragraph (1), 
the Secretary of Agriculture shall, before closing a 
county or field office of the Farm Service Agency— 
’’; 
(2) in subparagraph (A), by striking ‘‘the Sec-
retary holds’’ and inserting ‘‘hold’’; and 
(3) in subparagraph (B), by striking ‘‘the Sec-
retary notifies’’ and inserting ‘‘notify’’. 
(d) 
CONFORMING
AMENDMENT.—Section 
14212(b)(1) of such Act (7 U.S.C. 6932a(b)(1)) is amend-
ed by striking ‘‘After the period referred to in subsection 
(a)(1), the Secretary’’ and inserting ‘‘The Secretary’’. 
SEC. 11309. ACER ACCESS AND DEVELOPMENT PROGRAM. 
(a) GRANTS AUTHORIZED.—The Secretary of Agri-
culture may make competitive grants to States, tribal gov-
ernments, and research institutions to support the efforts 
of such States, tribal governments, and research institu-
tions to promote the domestic maple syrup industry 
through the following activities: 
(1) Promotion of research and education related 
to maple syrup production.
567 
(2) Promotion of natural resource sustainability 
in the maple syrup industry. 
(3) Market promotion for maple syrup and 
maple-sap products. 
(4) Encouragement of owners and operators of 
privately held land containing species of trees in the 
genus Acer— 
(A) to initiate or expand maple-sugaring 
activities on the land; or 
(B) to voluntarily make the land available, 
including by lease or other means, for access by 
the public for maple-sugaring activities. 
(b) APPLICATION.—In submitting an application for 
a competitive grant under this section, a State, tribal gov-
ernment, or research institution shall include— 
(1) a description of the activities to be sup-
ported using the grant funds; 
(2) a description of the benefits that the State, 
tribal government, or research institution intends to 
achieve as a result of engaging in such activities; 
and 
(3) an estimate of the increase in maple-sug-
aring activities or maple syrup production that the 
State, tribal government, or research institution an-
568 
ticipates will occur as a result of engaging in such 
activities. 
(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed so as to preempt a State or tribal 
government law, including a State or tribal government 
liability law. 
(d) DEFINITION OF MAPLE-SUGARING.—In this sec-
tion, the term ‘‘maple-sugaring’’ means the collection of 
sap from any species of tree in the genus Acer for the 
purpose of boiling to produce food. 
(e) REGULATIONS.—The Secretary of Agriculture 
shall promulgate such regulations as are necessary to 
carry out this section. 
(f) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
$20,000,000 for each of fiscal years 2014 through 2018. 
SEC. 11310. REGULATORY REVIEW BY THE SECRETARY OF 
AGRICULTURE. 
(a) REVIEW OF REGULATORY AGENDA.—The Sec-
retary of Agriculture shall review publications that may 
give notice that the Environmental Protection Agency is 
preparing or plans to prepare any guidance, policy, memo-
randum, regulation, or statement of general applicability 
and future effect that may have a significant impact on 
a substantial number of agricultural entities, including—
569 
(1) any regulatory agenda of the Environmental 
Protection Agency published pursuant to section 602 
of title 5, United States Code; 
(2) any regulatory plan or agenda published by 
the Environmental Protection Agency or the Office 
of Management and Budget pursuant to an Execu-
tive order, including Executive Order 12866; and 
(3) any other publication issued by the Environ-
mental Protection Agency or the Office of Manage-
ment and Budget that may reasonably be foreseen 
to contain notice of plans by the Environmental Pro-
tection Agency to prepare any guidance, policy, 
memorandum, regulation, or statement of general 
applicability and future effect that may have a sig-
nificant impact on a substantial number of agricul-
tural entities. 
(b) INFORMATION GATHERING.—For a publication 
item reviewed under subsection (a) that the Secretary de-
termines may have a significant impact on a substantial 
number of agricultural entities, the Secretary shall— 
(1) solicit from the Administrator of the Envi-
ronmental Protection Agency any information the 
Administrator may provide to facilitate a review of 
the publication item;
570 
(2) utilize the Chief Economist of the Depart-
ment of Agriculture to produce an economic impact 
statement for the publication item that contains a 
detailed estimate of potential costs to agricultural 
entities; 
(3) identify individuals representative of poten-
tially affected agricultural entities for the purpose of 
obtaining advice and recommendations from such in-
dividuals about the potential impacts of the publica-
tion item; and 
(4) convene a review panel for analysis of the 
publication item that includes the Secretary, any 
full-time Federal employee of the Department of Ag-
riculture appointed to the panel by the Secretary, 
and any employee of the Environmental Protection 
Agency or the Office of Information and Regulatory 
Affairs within the Office of Management and Budget 
that accepts an invitation from the Secretary to par-
ticipate in the panel. 
(c) DUTIES OF THE REVIEW PANEL.—A review panel 
convened for a publication item under subsection (b)(4) 
shall— 
(1) review any information or material obtained 
by the Secretary and prepared in connection with 
the publication item, including any draft proposed
571 
guidance, policy, memorandum, regulation, or state-
ment of general applicability and future effect; 
(2) collect advice and recommendations from 
agricultural entity representatives identified by the 
Administrator after consultation with the Secretary; 
(3) compile and analyze such advice and rec-
ommendations; and 
(4) make recommendations to the Secretary 
based on the information gathered by the review 
panel or provided by agricultural entity representa-
tives. 
(d) COMMENTS.— 
(1) IN GENERAL.—Not later than 60 days after 
the date the Secretary convenes a review panel pur-
suant to subsection (b)(4), the Secretary shall sub-
mit to the Administrator comments on the planned 
or proposed guidance, policy, memorandum, regula-
tion, or statement of general applicability and future 
effect for consideration and inclusion in any related 
administrative record, including— 
(A) a report by the Secretary on the con-
cerns of agricultural entities; 
(B) the findings of the review panel; 
(C) the findings of the Secretary, including 
any adopted findings of the review panel; and
572 
(D) recommendations of the Secretary. 
(2) PUBLICATION.—The Secretary shall publish 
the comments in the Federal Register and make the 
comments available to the public on the public Inter-
net website of the Department of Agriculture. 
(e) WAIVERS.—The Secretary may waive initiation of 
the review panel under subsection (b)(4) as the Secretary 
determines appropriate. 
(f) DEFINITION OF AGRICULTURAL ENTITY.—In this 
section, the term ‘‘agricultural entity’’ means any entity 
involved in or related to agricultural enterprise, including 
enterprises that are engaged in the business of production 
of food and fiber, ranching and raising of livestock, aqua-
culture, and all other farming and agricultural related in-
dustries. 
SEC. 11311. PROHIBITION ON ATTENDING AN ANIMAL 
FIGHTING VENTURE OR CAUSING A MINOR 
TO ATTEND AN ANIMAL FIGHTING VENTURE. 
Section 26(a)(1) of the Animal Welfare Act (7 U.S.C. 
2156(a)(1)) is amended by striking the period and insert-
ing ‘‘or to knowingly attend or knowingly cause a minor 
to attend an animal fighting venture.’’.
573 
SEC. 11312. PROHIBITION AGAINST INTERFERENCE BY 
STATE AND LOCAL GOVERNMENTS WITH 
PRODUCTION OR MANUFACTURE OF ITEMS 
IN OTHER STATES. 
(a) IN GENERAL.—Consistent with Article I, section 
8, clause 3 of the Constitution of the United States, the 
government of a State or locality therein shall not impose 
a standard or condition on the production or manufacture 
of any agricultural product sold or offered for sale in inter-
state commerce if— 
(1) such production or manufacture occurs in 
another State; and 
(2) the standard or condition is in addition to 
the standards and conditions applicable to such pro-
duction or manufacture pursuant to— 
(A) Federal law; and 
(B) the laws of the State and locality in 
which such production or manufacture occurs. 
(b) AGRICULTURAL PRODUCT DEFINED.—In this 
section, the term ‘‘agricultural product’’ has the meaning 
given such term in section 207 of the Agricultural Mar-
keting Act of 1946 (7 U.S.C. 1626). 
SEC. 11313. INCREASED PROTECTION FOR AGRICULTURAL 
INTERESTS IN THE MISSOURI RIVER BASIN. 
(a) FINDINGS.—Congress finds the following:
574 
(1) Record runoff occurred in the Missouri 
River basin during 2011 as a result of historic rain-
fall over portions of the upper basin coupled with 
heavy plains and mountain snowpack. 
(2) Runoff above Sioux City, Iowa, during the 
5-month period of March through July totaled an es-
timated 48.4 million acre-feet (referred to in this 
section as ‘‘MAF’’). This runoff volume was more 
than 20 percent greater than the design storm for 
the Missouri River Mainstem Reservoir System (re-
ferred to in this section as the ‘‘System’’), which was 
based on the 1881 runoff of 40.0 MAF during the 
same 5-month period. 
(3) During the 2011 runoff season, nearly 61 
million acre-feet of water entered the Missouri River 
system, far surpassing the previous record of 49 
MAF in runoff that was set during the flood of 
1997. 
(4) Given the incredible amount of water enter-
ing the System, the summer months were spent 
working to evacuate as much water from the System 
as possible, ultimately leading to record high water 
releases from Gavins Point Dam of 160,000 cubic 
feet per second, a rate that more than doubled the
575 
previous release record of 70,000 cubic feet per sec-
ond set in 1997. 
(5) For nearly four months, those extremely 
high releases from Gavins Point were maintained, 
resulting in severe and sustained flooding, with 
much of western Iowa and eastern Nebraska as well 
as portions of South Dakota, Kansas, and Missouri 
inundated by a flooding river three to five feet deep, 
up to 11 miles wide, and flowing at a rate of 4 to 
11 miles per hour. 
(6) Thousands of homes and businesses were 
damaged or destroyed and hundreds of millions of 
dollars in damage was done to roads and other pub-
lic infrastructure. 
(7) In addition to the homes, businesses, and 
infrastructure impacted by the flooding, hundreds of 
thousands of acres of cropland were affected. 
(8) The Department of Agriculture has esti-
mated that 400,000 to 500,000 acres of some of the 
most productive crop land in the world was flooded 
in 2011. 
(9) Local Farm Services Agency representatives 
have estimated that $82,100,000 was lost in 2011 
alone due to damaged or lost crops and unplanted 
acres.
576 
(10) Not only did the flooding eliminate the 
2011 crop, but it is highly unlikely that many farm-
ers will be able to put that land back into production 
at any point in the near future. 
(11) Producers will have to contend with large 
piles of sand, silt, and other debris that have been 
deposited in their fields, meaning the impact of the 
2011 flood will be felt in the agricultural commu-
nities up and down the Missouri River for many 
years to come. 
(12) Currently, the amount of storage capacity 
in the System that is set aside for flood control is 
based upon the vacated space required to control the 
1881 flood, because prior to the 2011 flood, the 
1881 flood was seen as the ‘‘high water mark’’. 
(13) Given the historic flooding that took place 
in 2011, it is clear that year’s flooding now rep-
resents a new ‘‘high water mark’’, surpassing the 
flooding of even the 1881 flood. 
(14) It is important that the flood control re-
lated functions of the System management be ad-
justed to reflect the reality of the 2011 flood as the 
new ‘‘worst case scenario’’ for flooding along the 
Missouri River.
577 
(15) System management may begin to be ad-
justed to account for the 2011 flood through a recal-
culation of the amount of storage space within the 
System that is allocated to flood control, using the 
model not of the 1881 flood, but of the greatest 
flood experienced—the flood of 2011. 
(16) As a result of the flooding in 2011, many 
States received disaster declarations from the De-
partment of Agriculture to help farmers and pro-
ducers recover from the damage done by the high 
water. 
(17) Though helpful, even the assistance pro-
vided by the Department of Agriculture will not pro-
vide many in the agriculture community with the re-
sources to put their land back into production any 
time soon. 
(18) Without the protection that will come from 
a fundamental change in the System’s flood control 
storage allocations, farmers, producers, and other 
agricultural interests who may be in a position to re-
start their operations will find it difficult to justify 
doing so, given the fact that they will not be pro-
tected from similar flooding in the future. 
(b) UPDATED MANAGEMENT
OF
THE MISSOURI 
RIVER TO PROTECT AGRICULTURAL INTERESTS.—In
578 
order to strengthen the agricultural economy, revitalize 
the rural communities, and conserve the natural resources 
of the Missouri River basin, the Congress directs that the 
Secretary of Agriculture take action to promote immediate 
increased flood protection to farmers, producers, and other 
agricultural interests in the Missouri River basin by work-
ing within its jurisdiction to support efforts— 
(1) to recalculate the amount of space within 
the System that is allocated to flood control storage 
using the 2011 flood as the model; and 
(2) to increase the Missouri River’s channel ca-
pacity between the reservoirs and below Gavins 
Point. 
SEC. 11314. INCREASED PROTECTION FOR AGRICULTURAL 
INTERESTS IN THE BLACK DIRT REGION. 
In order to strengthen the agricultural economy, revi-
talize the rural communities, and conserve the natural re-
sources of the Black Dirt region, the Congress directs that 
the Secretary of Agriculture take action to promote imme-
diate increased flood protection to farmers, producers, and 
other agricultural interests around the Wallkill River and 
in the Black Dirt region.
579 
SEC. 11315. PROTECTION OF HONEY BEES AND OTHER POL-
LINATORS. 
(a) IN GENERAL.—The Secretary, in consultation 
with the Secretary of the Interior and the Administrator 
of the Environmental Protection Agency, shall carry out 
such activities as the Secretary determines to be appro-
priate to protect and ensure the long-term viability of pop-
ulations of honey bees, wild bees, and other beneficial in-
sects of agricultural crops, horticultural plants, wild 
plants, and other plants, including— 
(1) providing technical expertise relating to pro-
posed agency actions that may threaten pollinator 
health or jeopardize the long-term viability of popu-
lations of pollinators; 
(2) providing formal guidance on national poli-
cies relating to— 
(A) permitting managed honey bees to for-
age on National Forest Service lands where 
compatible with other natural resource manage-
ment priorities; and 
(B) planting and maintaining managed 
honey bee and native pollinator forage on Na-
tional Forest Service lands where compatible 
with other natural resource management prior-
ities;