H. R. 2330—38
44, United States Code (commonly known as the ‘‘Paperwork Reduc-
tion Act’’): Provided further, That in carrying out this section, the
Secretary shall use the authority provided under section 808 of
title 5, United States Code.
SEC. 758. PILOT PROGRAM FOR ENROLLMENT OF WETLAND AND
BUFFER ACREAGE IN CONSERVATION RESERVE. (a) IN GENERAL.—
Section 1231(h)(4)(B) of the Food Security Act of 1985 (16 U.S.C.
3831(h)(4)(B)) is amended by inserting ‘‘(which may include
emerging vegetation in water)’’ after ‘‘vegetative cover’’.
(b) CONFORMING AMENDMENT.—Section 1232(a)(4) of the Food
Security Act of 1985 (16 U.S.C. 3832(a)(4)) is amended by inserting
‘‘(which may include emerging vegetation in water)’’ after ‘‘vegeta-
tive cover’’.
SEC. 759. SPECIALITY CROPS. (a) GRADING OF TOBACCO.—
(1) IN GENERAL.—Not later than March 31, 2002, the Sec-
retary of Agriculture (referred to in this section as the ‘‘Sec-
retary’’) shall conduct referenda among producers of each kind
of tobacco that is eligible for price support under the Agricul-
tural Act of 1949 (7 U.S.C. 1421 et seq.) to determine whether
such producers favor the mandatory grading of that kind of
tobacco by the Secretary.
(2) MANDATORY GRADING.—
(A) IN
GENERAL.—If the Secretary determines that
mandatory grading is favored by a majority of the producers
of a kind of tobacco voting in the referendum, the Secretary
is authorized and directed to ensure that the kind of tobacco
is graded at the time of sale effective for the 2002 and
subsequent marketing years.
(B) FEES.—To the maximum extent practicable, the
Secretary shall establish, collect, and use fees for the
grading of tobacco required under this subsection in the
same manner as user fees for the grading of tobacco sold
at auction authorized under the Tobacco Inspection Act
(7 U.S.C. 511 et seq.).
(3) JUDICIAL REVIEW.—A determination by the Secretary
under this subsection shall not be subject to judicial review.
(b) QUOTA REDUCTION FOR CONSERVATION RESERVE ACREAGE.—
(1) IN GENERAL.—Section 1236 of the Food Security Act
of 1985 (16 U.S.C. 3836) is amended—
(A) by striking subsection (a);
(B) by redesignating subsections (b), (c), and (d) as
subsections (a), (b), and (c), respectively;
(C) in subsection (b) (as so redesignated), by striking
‘‘subsection (b)’’ and inserting ‘‘subsection (a)’’; and
(D) in subsection (c) (as so redesignated), by striking
‘‘subsection (c)’’ and inserting ‘‘subsection (b)’’.
(2) CONFORMING AMENDMENT.—Section 1232(a)(5) of the
Food Security Act of 1985 (16 U.S.C. 3832(a)(5)) is amended
by striking ‘‘section 1236(d)’’ and inserting ‘‘section 1236(c)’’.
(3) APPLICATION.—The amendments made by this sub-
section shall apply beginning with the 2002 crop.
(c) HORSE BREEDER LOANS.—
(1) DEFINITION
OF
HORSE
BREEDER.—In this subsection,
the term ‘‘horse breeder’’ means a person that, as of the date
of enactment of this Act, derives more than 70 percent of
the income of the person from the business of breeding,
H. R. 2330—39
boarding, raising, training, or selling horses, during the shorter
of—
(A) the 5-year period ending on January 1, 2001; or
(B) the period the person has been engaged in such
business.
(2) LOAN AUTHORIZATION.—The Secretary shall make loans
to eligible horse breeders to assist the horse breeders for losses
suffered as a result of mare reproductive loss syndrome.
(3) ELIGIBILITY.—A horse breeder shall be eligible for a
loan under this subsection if the Secretary determines that,
as a result of mare reproductive loss syndrome—
(A) during the period beginning January 1 and ending
October 1 of any of calendar years 2000, 2001, or 2002—
(i) 30 percent or more of the mares owned by
the horse breeder failed to conceive, miscarried,
aborted, or otherwise failed to produce a live healthy
foal; or
(ii) 30 percent or more of the mares boarded on
a farm owned, operated, or leased by the horse breeder
failed to conceive, miscarried, aborted, or otherwise
failed to produce a live healthy foal;
(B) the horse breeder is unable to meet the financial
obligations, or pay the ordinary and necessary expenses,
of the horse breeder incurred in connection with breeding,
boarding, raising, training, or selling horses; and
(C) the horse breeder is not able to obtain sufficient
credit elsewhere, in accordance with subtitle C of the
Consolidated Farm and Rural Development Act (7 U.S.C.
1961 et seq.).
(4) AMOUNT.—
(A) IN
GENERAL.—Subject to subparagraph (B), the
amount of a loan made to a horse breeder under this
subsection shall be determined by the Secretary on the
basis of the amount of losses suffered by the horse breeder,
and the financial needs of the horse breeder, as a result
of mare reproductive loss syndrome.
(B) MAXIMUM AMOUNT.—The amount of a loan made
to a horse breeder under this subsection shall not exceed
the maximum amount of an emergency loan under section
324(a) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1964(a)).
(5) TERM.—
(A) IN
GENERAL.—Subject to subparagraph (B), the
term for repayment of a loan made to a horse breeder
under this subsection shall be determined by the Secretary
based on the ability of the horse breeder to repay the
loan.
(B) MAXIMUM TERM.—The term of a loan made to a
horse breeder under this subsection shall not exceed 20
years.
(6) INTEREST
RATE.—The interest rate for a loan made
to a horse breeder under this subsection shall be the interest
rate for emergency loans prescribed under section 324(b)(1)
of the Consolidated Farm and Rural Development Act (7 U.S.C.
1964(b)(1)).
(7) SECURITY.—A loan to a horse breeder under this sub-
section shall be made on the security required for emergency
H. R. 2330—40
loans under section 324(d) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1964(d)).
(8) APPLICATION.—To be eligible to obtain a loan under
this subsection, a horse breeder shall submit an application
for the loan to the Secretary not later than September 30,
2002.
(9) FUNDING.—The Secretary shall carry out this subsection
using funds made available to make emergency loans under
subtitle C of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1961 et seq.).
(10) TERMINATION.—The authority provided by this sub-
section to make a loan terminates effective September 30, 2003.
SEC. 760. During fiscal year 2002, subsection (a)(2) of section
508 of the Federal Crop Insurance Act (7 U.S.C. 1508) shall be
applied as though the term ‘‘and potatoes’’ read as follows: ‘‘, pota-
toes, and sweet potatoes’’.
SEC. 761. CITRUS CANKER ERADICATION. (a) IN GENERAL.—
Section 810 of the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2001 (114
Stat. 1549A–52) is amended—
(1) in subsection (a) by striking ‘‘The’’ and inserting ‘‘Subject
to subsection (e), the’’; and
(2) in subsection (c), by striking ‘‘2001’’ and inserting
‘‘2002’’.
(b) EFFECTIVE DATE.—The amendments in subsection (a) shall
take effect as if enacted on September 30, 2001.
SEC. 762. Section 306(a)(20) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1926(a)(20)) is amended by adding
at the end the following new subparagraph:
‘‘(E) RURAL
BROADBAND.—Notwithstanding subpara-
graph (C), the Secretary may make grants to state agencies
for use by regulatory commissions in states with rural
communities without local dial-up Internet access or
broadband service to establish a competitively, techno-
logically neutral grant program to telecommunications car-
riers or cable operators that establish common carrier facili-
ties and services which, in the commission’s determination,
will result in the long-term availability to such communities
of affordable broadband services which are used for the
provision of high speed Internet access.’’.
SEC. 763. In accordance with the Farmland Protection Program,
a total of $720,000 shall be made available to purchase conservation
easements or other interests in land, not to exceed 235 acres,
in Adair, Green, and Taylor Counties, Kentucky: Provided, That
$490,000 of this amount shall be from funds made available to
the Conservation Reserve Enhancement Program for the State of
Kentucky.
SEC. 764. Notwithstanding any other provision of law, the
City of Caldwell, Idaho, shall be eligible for grants and loans
administered by the Rural Housing Service of the United States
Department of Agriculture for a period not to exceed 1 year from
the date of enactment of this Act.
SEC. 765. Section 8c(1) of the Agricultural Marketing Agree-
ment Act of 1937 is amended by adding the following provision
at the end of the penultimate sentence:
H. R. 2330—41
‘‘The Secretary is authorized to implement a producer allotment
program and a handler withholding program under the cran-
berry marketing order in the same crop year through informal
rulemaking based on a recommendation and supporting eco-
nomic analysis submitted by the Cranberry Marketing Com-
mittee. Such recommendation and analysis shall be submitted
by the Committee no later than March 1 of each year.’’.
SEC. 766. Section 11(f) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1759a(f)) is amended by—
(1) in paragraph (1)(E), by striking ‘‘2001’’ and inserting
‘‘2003’’; and
(2) in paragraph (2)—
(A) by striking subparagraph (A) and inserting the
following:
‘‘(A) IN GENERAL.—The Secretary shall submit to the
Committee on Education and the Workforce of the House
of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate—
‘‘(i) not later than January 1, 2003, an interim
report on the activities of the State agencies receiving
grants under this subsection; and
‘‘(ii) not later than January 1, 2004, a final report
on the activities of the State agencies receiving grants
under this subsection.’’; and
(B) in subparagraph (B), by striking ‘‘report’’ and
inserting ‘‘reports’’.
SEC. 767. Notwithstanding any other provision of law, the
City of Mt. Vernon, Washington, shall be eligible for grants and
loans administered by the Rural Housing Service of the United
States Department of Agriculture for a period not to exceed 1
year from the date of enactment of this Act.
SEC. 768. Notwithstanding any other provision of law, the
Natural Resources Conservation Service shall provide financial and
technical assistance to DuPage County, Illinois, from funds avail-
able for the Watershed and Flood Prevention Operations program,
not to exceed $1,400,000.
SEC. 769. Notwithstanding any other provision of law, from
funds previously appropriated for Watershed and Flood Prevention
Operations of the Natural Resource and Conservation Service, the
Secretary of Agriculture shall provide technical and financial assist-
ance, but not to exceed $1,000,000, in connection with a lake level
stabilization project carried out as part of local efforts to restore
and repair watersheds damaged by the 2001 tornado and storms
in Burnett and Washburn Counties, Wisconsin: Provided, That the
Secretary shall waive the cost share requirement of the local spon-
sors of such efforts in Burnett and Washburn Counties, Wisconsin.
SEC. 770. Nowithstanding any other provision of law, from
the funds appropriated to the Rural Utilities Service by this Act,
any current Rural Utilities Service borrower within 100 miles of
New York City shall be eligible for additional financing, refinancing,
collateral flexibility, and deferrals on an expedited basis without
regard to population limitations for any financially feasible tele-
communications, energy or water project that assists endeavors
related to the rehabilitation, prevention, relocation, site preparation,
or relief efforts resulting from the terrorist events of September
11, 2001.
H. R. 2330—42
SEC. 771. Section 17(r)(5) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1766(r)(5)) is amended—
(1) by striking ‘‘six’’ and inserting ‘‘seven’’;
(2) by striking ‘‘four’’ and inserting ‘‘five’’; and
(3) by inserting ‘‘Illinois,’’ after the first instance of ‘‘States
shall be’’.
SEC. 772. (a) EXTENSION.—Section 141 of the Agricultural
Market Transition Act (7 U.S.C. 7251) is amended—
(1) in subsection (b), by adding at the end the following
new paragraph:
‘‘(5) During the period beginning on January 1, 2002, and
ending on May 31, 2002, $9.90.’’; and
(2) in subsection (h), by striking ‘‘December 31, 2001’’ both
places it appears and inserting ‘‘May 31, 2002’’.
(b) CONFORMING AMENDMENT.—Section 142 of the Agricultural
Market Transition Act (7 U.S.C. 7252) is repealed.
SEC. 773. The Secretary shall transfer to the Southern Min-
nesota Beet Sugar Co-op, refined sugar, acquired by the Commodity
Credit Corporation, in the amount of 10,000 tons to compensate
sugar producers in Minnesota for losses incurred beyond those
that may be compensated under existing programs administered
by the Secretary: Provided, That this amount of sugar shall be
provided in installments starting on the day that is 30 days after
the date of enactment of this Act and on the first day of each
of the following 7 months after that day.
SEC. 774. (a) DEFINITIONS.—In this section:
(1) The term ‘‘eligible person’’ means a person that—
(A) owns a farm for which, irrespective of temporary
transfers or undermarketings, a basic quota or allotment
for eligible tobacco is established for the 2001 crop year
under part I of subtitle B of title III of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1311 et seq.);
(B) controls the farm from which, under the quota
or allotment for the relevant period, eligible tobacco is
marketed, could have been marketed, or can be marketed,
taking into account temporary transfers; or
(C) grows, could have grown, or can grow eligible
tobacco that is marketed, could have been marketed, or
can be marketed under the quota or allotment for the
2001 crop year, taking into account temporary transfers.
(2) The term ‘‘eligible tobacco’’ means each of the following
kinds of tobacco:
(A) Fire-cured tobacco, comprising types 22 and 23.
(B) Dark air-cured tobacco, comprising types 35 and
36.
(C) Virginia sun-cured tobacco, comprising type 37.
(b) PAYMENTS.—Not later than March 31, 2002, the Secretary
of Agriculture (referred to in this section as the ‘‘Secretary’’) shall
use funds of the Commodity Credit Corporation to make payments
under this section.
(c) POUNDAGE PAYMENT QUANTITIES.—For the purposes of this
section, in the case of each kind of eligible tobacco, individual
tobacco quotas and allotments shall be converted to poundage pay-
ment quantities by multiplying—
(1) the number of acres that may, irrespective of temporary
transfers or undermarketings, be devoted, without penalty, to
the production of the kind of tobacco under the allotment under
H. R. 2330—43
part I of subtitle B of title III of the Agricultural Adjustment
Act of 1938 (7 U.S.C. 1311 et seq.) for the 2001 crop year;
by
(2)(A) in the case of fire-cured tobacco (types 22 and 23),
2,601 pounds per acre;
(B) in the case of dark air-cured tobacco (types 35 and
36), 2,337 pounds per acre; and
(C) in the case of Virginia sun-cured tobacco (type 37),
1,512 pounds per acre.
(d) AVAILABLE PAYMENT AMOUNTS.—In the case of each kind
of eligible tobacco, the available payment amount for pounds of
a payment quantity under subsection (c) shall be equal to 10 cents
per pound.
(e) DIVISION OF PAYMENTS AMONG ELIGIBLE PERSONS.—Pay-
ments available with respect to a pound of payment quantity,
as determined under subsection (d), shall be made available to
eligible persons in accordance with this subsection. In the case
of payments made available in a State under this section for each
kind of eligible tobacco, the Secretary shall distribute (as deter-
mined by the Secretary)—
(1) 331⁄3 percent of the payments to eligible persons that
are owners described in subsection (a)(1)(A);
(2) 331⁄3 percent of the payments to eligible persons that
are controllers described in subsection (a)(1)(B); and
(3) 331⁄3 percent of the payments to eligible persons that
are growers described in subsection (a)(1)(C).
(f) STANDARDS.—In carrying out this section, the Secretary
shall use, to the maximum extent practicable, the same standards
for payments that were used for making payments under section
204(b) of the Agricultural Risk Protection Act of 2000 (7 U.S.C.
1421 note; Public Law 106–224).
(g) JUDICIAL REVIEW.—A determination by the Secretary under
this section shall not be subject to judicial review.
(h) REGULATIONS.—As soon as practicable after the date of
enactment of this Act, the Secretary and the Commodity Credit
Corporation, as appropriate, shall promulgate such regulations as
are necessary to implement this section. The promulgation of the
regulations and administration of this section shall be made without
regard to—
(1) the notice and comment provisions of section 553 of
title 5, United States Code;
(2) the Statement of Policy of the Secretary of Agriculture
effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices
of proposed rulemaking and public participation in rulemaking;
and
(3) chapter 35 of title 44, United States Code (commonly
known as the ‘‘Paperwork Reduction Act’’).
(i) CONGRESSIONAL REVIEW OF AGENCY RULEMAKING.—In car-
rying out subsection (h), the Secretary shall use the authority
provided under section 808 of title 5, United States Code.
SEC. 775. The Competitive, Special, and Facilities Research
Grant Act (7 U.S.C. 450i) is amended:
(1) in subsection (b)(3) by adding at the end the following:
‘‘(G) Grants may be awarded to improve research
capabilities in States (as defined in the National Agricul-
tural Research, Extension, and Teaching Policy Act of 1977,
as amended) in which institutions have been less successful
H. R. 2330—44
in receiving funding under this subsection, based on a
three-year rolling average of funding levels.’’; and
(2) in subsections (b)(10)(C) by striking ‘‘and (F) of para-
graph (3) for awarding grants in’’ and inserting ‘‘, (F), and
(G) of paragraph (3) for’’.
SEC. 776. None of the funds made available in this Act may
be used to pay the salaries of personnel of the Department of
Agriculture who carry out the programs authorized by section 524(a)
of the Federal Crop Insurance Act (7 U.S.C. 1524) in excess of
a total of $4,000,000 for all such programs for fiscal year 2002.
SEC. 777. Section 501 of the Agricultural Trade Development
and Assistance Act of 1954 (7 U.S.C. 1737) is amended—
(1) in the section heading, by inserting ‘‘JOHN OGONOWSKI’’
before ‘‘FARMER-TO-FARMER PROGRAM’’; and
(2) by adding at the end the following new subsection:
‘‘(d) DESIGNATION
OF PROGRAM.—The program of farmer-to-
farmer assistance authorized by this section shall be known and
designated as the ‘John Ogonowski Farmer-to-Farmer Program’.’’.
This Act may be cited as the ‘‘Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies Appropria-
tions Act, 2002’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.