432 
SEC. 8204. STEWARDSHIP END RESULT CONTRACTING 
PROJECT AUTHORITY. 
Section 347(a) of the Department of the Interior and 
Related Agencies Appropriations Act, 1999 (as contained 
in section 101(e) of division A of Public Law 105–277; 
16 U.S.C. 2104 note) is amended by striking ‘‘2013’’ and 
inserting ‘‘2017’’. 
Subtitle D—National Forest 
Critical Area Response 
SEC. 8301. DEFINITIONS. 
In this title: 
(1) CRITICAL AREA.—The term ‘‘critical area’’ 
means an area of the National Forest System des-
ignated by the Secretary under section 8302 
(2) NATIONAL
FOREST
SYSTEM.—The term 
‘‘National Forest System’’ has the meaning given 
that term in section 11(a) of the Forest and Range-
land Renewable Resources Planning Act of 1974 (16 
U.S.C. 1609(a)). 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Agriculture. 
SEC. 8302. DESIGNATION OF CRITICAL AREAS. 
(a) DESIGNATION REQUIREMENTS.—The Secretary 
of Agriculture shall designate critical areas within the Na-
tional Forest System for the purposes of addressing— 
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(1) deteriorating forest health conditions in ex-
istence as of the date of the enactment of this Act 
due to insect infestation, drought, disease, or storm 
damage; and 
(2) the future risk of insect infestations or dis-
ease outbreaks through preventative treatments. 
(b) DESIGNATION METHOD.—In considering Na-
tional Forest System land for designation as a critical 
area, the Secretary shall use— 
(1) for purposes of subsection (a)(1), the most 
recent annual forest health aerial surveys of mor-
tality and defoliation; and 
(2) for purposes of subsection (a)(2), the Na-
tional Insect and Disease Risk Map. 
(c) TIME FOR INITIAL DESIGNATIONS.—The first 
critical areas shall be designated by the Secretary not later 
than 60 days after the date of the enactment of this Act. 
(d) DURATION OF DESIGNATION.—The designation 
of a critical area shall expire not later than 10 years after 
the date of the designation. 
SEC. 8303. APPLICATION OF EXPEDITED PROCEDURES AND 
ACTIVITIES OF THE HEALTHY FORESTS RES-
TORATION ACT OF 2003 TO CRITICAL AREAS. 
(a) APPLICABILITY.—Subject to subsections (b) 
through (e), title I of the Healthy Forests Restoration Act 
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of 2003 (16 U.S.C. 6511 et seq.) (including the environ-
mental analysis requirements of section 104 of that Act 
(16 U.S.C. 6514), the special administrative review proc-
ess under section 105 of that Act (16 U.S.C. 6515), and 
the judicial review process under section 106 of that Act 
(16 U.S.C. 6516)), shall apply to all Forest Service 
projects and activities carried out in a critical area. 
(b) APPLICATION OF OTHER LAW.—Section 322 of 
Public Law 102–381 (16 U.S.C. 1612 note; 106 Stat. 
1419) shall not apply to projects conducted in accordance 
with this section. 
(c) REQUIRED MODIFICATIONS.—In applying title I 
of the Healthy Forests Restoration Act of 2003 (16 
U.S.C. 6511 et seq.) to Forest Service projects and activi-
ties in a critical area, the Secretary shall make the fol-
lowing modifications: 
(1) The authority shall apply to the entire crit-
ical area, including land that is outside of a 
wildland-urban interface area or that does not sat-
isfy any of the other eligibility criteria specified in 
section 102(a) of that Act (16 U.S.C. 6512(a)). 
(2) All projects and activities of the Forest 
Service, including necessary connected actions (as 
described in section 1508.25(a)(1) of title 40, Code 
of Federal Regulations (or a successor regulation)), 
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shall be considered to be authorized hazardous fuel 
reduction projects for purposes of applying the title. 
(d) SMALLER PROJECTS.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), a project conducted in a critical area in 
accordance with this section that comprises less than 
1,000 acres shall be considered an action categori-
cally excluded from the requirements for an environ-
mental assessment or an environmental impact 
statement under section 1508.4 of title 40, Code of 
Federal Regulations (or a successor regulation). 
(2) EXCLUSION
OF
CERTAIN
AREAS.—Para-
graph (1) does not apply to— 
(A) a component of the National Wilder-
ness Preservation System; 
(B) any Federal land on which, by Act of 
Congress or Presidential proclamation, the re-
moval of vegetation is restricted or prohibited; 
(C) a congressionally designated wilderness 
study area; or 
(D) an area in which activities under para-
graph (1) would be inconsistent with the appli-
cable land and resource management plan. 
(e) FOREST MANAGEMENT PLANS.—All projects and 
activities carried out in a critical area pursuant to this 
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subtitle shall be consistent with the land and resource 
management plan established under section 6 of the For-
est and Rangeland Renewable Resources Planning Act of 
1974 (16 U.S.C. 1604) for the unit of the National Forest 
System containing the critical area. 
SEC. 8304. GOOD NEIGHBOR AUTHORITY. 
(a) DEFINITIONS.—In this section: 
(1) ELIGIBLE
STATE.—The term ‘‘eligible 
State’’ means a State that contains National Forest 
System land. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Agriculture. 
(3) STATE FORESTER.—The term ‘‘State for-
ester’’ means the head of a State agency with juris-
diction over State forestry programs in an eligible 
State. 
(b) COOPERATIVE AGREEMENTS AND CONTRACTS.— 
(1) IN
GENERAL.—The Secretary may enter 
into a cooperative agreement or contract (including 
a sole source contract) with a State forester to au-
thorize the State forester to provide the forest, 
rangeland, and watershed restoration and protection 
services described in paragraph (2) on National For-
est System land in the eligible State. 
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(2) 
AUTHORIZED
SERVICES.—The 
forest, 
rangeland, and watershed restoration and protection 
services referred to in paragraph (1) include the con-
duct of— 
(A) activities to treat insect infected trees; 
(B) activities to reduce hazardous fuels; 
and 
(C) any other activities to restore or im-
prove forest, rangeland, and watershed health, 
including fish and wildlife habitat. 
(3) STATE AS AGENT.—Except as provided in 
paragraph (6), a cooperative agreement or contract 
entered into under paragraph (1) may authorize the 
State forester to serve as the agent for the Secretary 
in providing the restoration and protection services 
authorized under that paragraph. 
(4) SUBCONTRACTS.—In accordance with appli-
cable contract procedures for the eligible State, a 
State forester may enter into subcontracts to provide 
the restoration and protection services authorized 
under a cooperative agreement or contract entered 
into under paragraph (1). 
(5) TIMBER SALES.—Subsections (d) and (g) of 
section 14 of the National Forest Management Act 
of 1976 (16 U.S.C. 472a) shall not apply to services 
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performed under a cooperative agreement or con-
tract entered into under paragraph (1). 
(6) RETENTION OF NEPA RESPONSIBILITIES.— 
Any decision required to be made under the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) with respect to any restoration and 
protection services to be provided under this section 
by a State forester on National Forest System land 
shall not be delegated to a State forester or any 
other officer or employee of the eligible State. 
(7) APPLICABLE
LAW.—The restoration and 
protection services to be provided under this section 
shall be carried out on a project-to-project basis 
under existing authorities of the Forest Service. 
Subtitle E—Miscellaneous 
Provisions 
SEC. 8401. REVISION OF STRATEGIC PLAN FOR FOREST IN-
VENTORY AND ANALYSIS. 
(a) REVISION REQUIRED.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary 
of Agriculture shall revise the strategic plan for forest in-
ventory and analysis initially prepared pursuant to section 
3(e) of the Forest and Rangeland Renewable Resources 
Research Act of 1978 (16 U.S.C. 1642(e)) to address the 
requirements imposed by subsection (b). 
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(b) ELEMENTS OF REVISED STRATEGIC PLAN.—In 
revising the strategic plan, the Secretary of Agriculture 
shall describe in detail the organization, procedures, and 
funding needed to achieve each of the following: 
(1) 
Complete 
the 
transition 
to 
a 
fully 
annualized forest inventory program and include in-
ventory and analysis of interior Alaska. 
(2) Implement an annualized inventory of trees 
in urban settings, including the status and trends of 
trees and forests, and assessments of their eco-
system services, values, health, and risk to pests and 
diseases. 
(3) Report information on renewable biomass 
supplies and carbon stocks at the local, State, re-
gional, and national level, including by ownership 
type. 
(4) Engage State foresters and other users of 
information from the forest inventory and analysis 
in reevaluating the list of core data variables col-
lected on forest inventory and analysis plots with an 
emphasis on demonstrated need. 
(5) Improve the timeliness of the timber prod-
uct output program and accessibility of the 
annualized information on that database. 
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(6) Foster greater cooperation among the forest 
inventory and analysis program, research station 
leaders, and State foresters and other users of infor-
mation from the forest inventory and analysis. 
(7) Availability of and access to non-Federal re-
sources to improve information analysis and infor-
mation management. 
(8) Collaborate with the Natural Resources 
Conservation Service, National Aeronautics and 
Space Administration, National Oceanic and Atmos-
pheric Administration, and United States Geological 
Survey to integrate remote sensing, spatial analysis 
techniques, and other new technologies in the forest 
inventory and analysis program. 
(9) Understand and report on changes in land 
cover and use. 
(10) Expand existing programs to promote sus-
tainable forest stewardship through increased under-
standing, in partnership with other Federal agencies, 
of the over 10 million family forest owners, their de-
mographics, and the barriers to forest stewardship. 
(11) Implement procedures to improve the sta-
tistical precision of estimates at the sub-State level. 
(c) SUBMISSION OF REVISED STRATEGIC PLAN.— 
The Secretary of Agriculture shall submit the revised stra-
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tegic plan to the Committee on Agriculture of the House 
of Representatives and the Committee on Agriculture, Nu-
trition, and Forestry of the Senate. 
SEC. 8402. FOREST SERVICE PARTICIPATION IN ACES PRO-
GRAM. 
The Secretary of Agriculture, acting through the 
Chief of the Forest Service, may use funds derived from 
conservation-related programs executed on National For-
est System lands to utilize the Agriculture Conservation 
Experienced Services Program established pursuant to 
section 1252 of the Food Security Act of 1985 (16 U.S.C. 
3851) to provide technical services for conservation-re-
lated programs and authorities carried out by the Sec-
retary on National Forest System lands. 
TITLE IX—ENERGY 
SEC. 9001. DEFINITION OF RENEWABLE ENERGY SYSTEM. 
Section 9001 of the Farm Security and Rural Invest-
ment Act of 2002 (7 U.S.C. 8101) is amended by— 
(1) by striking paragraph (4) and inserting the 
following: 
‘‘(4) BIOBASED PRODUCT.— 
‘‘(A) IN
GENERAL.—The term ‘biobased 
product’ means a product determined by the 
Secretary to be a commercial or industrial prod-
uct (other than food or feed) that is— 
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‘‘(i) composed, in whole or in signifi-
cant part, of biological products, including 
renewable domestic agricultural materials 
and forestry materials; or 
‘‘(ii) an intermediate ingredient or 
feedstock. 
‘‘(B) INCLUSION.—The term ‘biobased 
product’, with respect to forestry materials, in-
cludes forest products that meet biobased con-
tent requirements, notwithstanding the market 
share the product holds, the age of the product, 
or whether the market for the product is new 
or emerging.’’; 
(2) redesignating paragraphs (9), (10), (11), 
(12), (13), and (14) as paragraphs (10), (11), (12), 
(13), (14), and (16); 
(3) inserting after paragraph (8), the following 
new paragraph: 
‘‘(9) FOREST PRODUCT.— 
‘‘(A) IN GENERAL.—The term ‘forest prod-
uct’ means a product made from materials de-
rived from the practice of forestry or the man-
agement of growing timber. 
‘‘(B) INCLUSIONS.—The term ‘forest prod-
uct’ includes— 
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‘‘(i) pulp, paper, paperboard, pellets, 
and wood products; and 
‘‘(ii) any recycled products derived 
from forest materials.’’; and 
(4) inserting after paragraph (14), the following 
new paragraph: 
‘‘(15) RENEWABLE ENERGY SYSTEM.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the term ‘renewable energy system’ 
means a system that— 
‘‘(i) produces usable energy from a re-
newable energy source; 
‘‘(ii) may include distribution compo-
nents necessary to move energy produced 
by such system to the initial point of sale; 
and 
‘‘(B) LIMITATION.—A system described in 
subparagraph (A) may not include a mechanism 
for dispensing energy at retail.’’. 
SEC. 9002. BIOBASED MARKETS PROGRAM. 
Section 9002(h) of the Farm Security and Rural In-
vestment Act of 2002 (7 U.S.C. 8102(h)) is amended— 
(1) in the heading of paragraph (1), by insert-
ing ‘‘FOR FISCAL YEARS 2008 THROUGH 2012’’ after 
‘‘FUNDING’’; 
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(2) in the heading of paragraph (2), by insert-
ing ‘‘FOR FISCAL YEARS 2009 THROUGH 2012’’ after 
‘‘FUNDING’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(3) FISCAL
YEARS 2013 THROUGH 2017.— 
There are authorized to be appropriated to carry out 
this section $2,000,000 for each of fiscal years 2013 
through 2017.’’. 
SEC. 9003. BIOREFINERY ASSISTANCE. 
(a) PROGRAM ADJUSTMENTS.—Section 9003 of the 
Farm Security and Rural Investment Act of 2002 (7 
U.S.C. 8103) is amended— 
(1) in subsection (c), by striking ‘‘to eligible en-
tities’’ and all that follows through ‘‘guarantees for 
loans’’ and inserting ‘‘to eligible entities guarantees 
for loans’’; 
(2) by striking subsections (d); 
(3) by redesignating subsections (e), (f), (g), 
and (h) (as amended by subsection (b) of this sec-
tion) as subsections (d), (e), (f), (g), respectively; 
and 
(4) in subsection (d) (as so redesignated)— 
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(A) by striking ‘‘subsection (c)(2)’’ each 
place it appears and inserting ‘‘subsection (c)’’; 
and 
(B) in paragraph (2)(C), by striking ‘‘sub-
section (h)’’ and inserting ‘‘subsection (g)’’. 
(b) FUNDING.—Section 9003(g) of the Farm Secu-
rity and Rural Investment Act of 2002, as redesignated 
by subsection (a)(3), is amended— 
(1) in the heading of paragraph (1), by insert-
ing ‘‘FOR
FISCAL
YEARS 2009 AND 2010’’ after 
‘‘FUNDING’’; 
(2) in the heading of paragraph (2), by insert-
ing ‘‘FOR FISCAL YEARS 2009 THROUGH 2012’’ after 
‘‘FUNDING’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(3) FISCAL
YEARS 2013 THROUGH 2017.— 
There are authorized to be appropriated to carry out 
this section $75,000,000 for each of fiscal years 
2013 through 2017.’’. 
SEC. 9004. REPEAL OF REPOWERING ASSISTANCE PRO-
GRAM AND TRANSFER OF REMAINING FUNDS. 
(a) REPEAL.—Subject to subsection (b), section 9004 
of the Farm Security and Rural Investment Act of 2002 
(7 U.S.C. 8104) is repealed. 
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(b) USE OF REMAINING FUNDING FOR RURAL EN-
ERGY FOR AMERICA PROGRAM.—Funds made available 
pursuant to subsection (d) of such section 9004 that are 
unobligated on the day before the date of the enactment 
of this section shall— 
(1) remain available until expended; 
(2) be used by the Secretary of Agriculture to 
carry out financial assistance for energy efficiency 
improvements and renewable energy systems under 
section 9007(a)(2) of the Farm Security and Rural 
Investment Act of 2002 (7 U.S.C. 8107(a)(2)); and 
(3) be in addition to any other funds made 
available to carry out that program. 
SEC. 
9005. 
BIOENERGY 
PROGRAM 
FOR 
ADVANCED 
BIOFUELS. 
Section 9005(g) of the Farm Security and Rural In-
vestment Act of 2002 (7 U.S.C. 8105(c)) is amended— 
(1) in the heading of paragraph (1), by insert-
ing ‘‘FOR FISCAL YEARS 2009 THROUGH 2012’’ after 
‘‘FUNDING’’; 
(2) in the heading of paragraph (2), by insert-
ing ‘‘FOR FISCAL YEARS 2009 THROUGH 2012’’ after 
‘‘FUNDING’’; 
(3) by redesignating paragraph (3) as para-
graph (4); and 
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(4) by inserting after paragraph (2) the fol-
lowing new paragraph: 
‘‘(3) FISCAL
YEARS 2013 THROUGH 2017.— 
There are authorized to be appropriated to carry out 
this section $50,000,000 for each of fiscal years 
2013 through 2017.’’. 
SEC. 9006. BIODIESEL FUEL EDUCATION PROGRAM. 
Subsection (d) of section 9006 of the Farm Security 
and Rural Investment Act of 2002 (7 U.S.C. 8106(d)) is 
amended to read as follows: 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
$2,000,000 for each of fiscal years 2013 through 2017.’’. 
SEC. 9007. RURAL ENERGY FOR AMERICA PROGRAM. 
(a) PROGRAM ADJUSTMENTS.— 
(1) REPEAL OF FEASIBILITY STUDIES.—Section 
9007(c) of the Farm Security and Rural Investment 
Act of 2002 (7 U.S.C. 8107(c)) is amended by strik-
ing paragraph (3). 
(2) TIERED
APPLICATION
PROCESS.—Section 
9007(c) of the Farm Security and Rural Investment 
Act of 2002 (7 U.S.C. 8107(c)) is further amended 
by— 
(A) redesignating paragraph (2) as para-
graph (3); and 
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449 
(1) in the heading of paragraph (1), by insert-
ing ‘‘FOR FISCAL YEARS 2009 THROUGH 2012’’ after 
‘‘FUNDING’’; 
(2) in the heading of paragraph (2), by insert-
ing ‘‘FOR FISCAL YEARS 2009 THROUGH 2012’’ after 
‘‘FUNDING’’; 
(3) in the heading of paragraph (3), by insert-
ing ‘‘FOR FISCAL YEARS 2009 THROUGH 2012’’ after 
‘‘FUNDING’’; and 
(4) by adding at the end the following new 
paragraph: 
‘‘(4) FISCAL
YEARS 2013 THROUGH 2017.— 
There are authorized to be appropriated to carry out 
this section $45,000,000 for each of fiscal years 
2013 through 2017.’’. 
SEC. 9008. BIOMASS RESEARCH AND DEVELOPMENT. 
Section 9008(h) of the Farm Security and Rural In-
vestment Act of 2002 (7 U.S.C. 8108(h)) is amended— 
(1) in the heading of paragraph (1), by insert-
ing ‘‘FOR FISCAL YEARS 2009 THROUGH 2012’’ after 
‘‘FUNDING’’; 
(2) in the heading of paragraph (2), by insert-
ing ‘‘FOR FISCAL YEARS 2009 THROUGH 2012’’ after 
‘‘FUNDING’’; and 
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(3) by adding at the end the following new 
paragraph: 
‘‘(3) FISCAL
YEARS 2013 THROUGH 2017.— 
There are authorized to be appropriated to carry out 
this section $20,000,000 for each of fiscal years 
2013 through 2017.’’. 
SEC. 9009. FEEDSTOCK FLEXIBILITY PROGRAM FOR BIO-
ENERGY PRODUCERS. 
Section 9010(b) of the Farm Security and Rural In-
vestment Act of 2002 (7 U.S.C. 8110(b)) is amended— 
(1) in paragraph (1)(A), by striking ‘‘2012’’ 
and inserting ‘‘2017’’; and 
(2) in paragraph (2)(A), by striking ‘‘2012’’ 
and inserting ‘‘2017’’. 
SEC. 9010. BIOMASS CROP ASSISTANCE PROGRAM. 
Section 9011 of the Farm Security and Rural Invest-
ment Act of 2002 (7 U.S.C. 8111) is amended— 
(1) in subsection (a)— 
(A) by striking paragraph (6); and 
(B) by redesignating paragraphs (7) and 
(8) as paragraphs (6) and (7), respectively; 
(2) in subsection (b)— 
(A) by striking ‘‘Program to’’ and all that 
follows through ‘‘support the establishment’’ 
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451 
and inserting ‘‘Program to support the estab-
lishment’’; 
(B) by striking ‘‘; and’’ and inserting a pe-
riod; and 
(C) by striking paragraph (2); 
(3) in subsection (c)(5)(C)(ii)— 
(A) by striking subclause (III); and 
(B) by redesignating subclauses (IV) and 
(V) as subclauses (III) and (IV), respectively; 
(4) by striking subsection (d); 
(5) by redesignating subsections (e) and (f) as 
subsections (d) and (e), respectively; and 
(6) in subsection (e) (as so redesignated)— 
(A) by striking ‘‘(e) FUNDING.—Of the 
funds’’ and inserting ‘‘(e) FUNDING.— 
‘‘(1) FISCAL YEARS 2008 THROUGH 2012.—Of 
the funds’’; and 
(B) by adding at the end the following new 
paragraph: 
‘‘(2) FISCAL YEARS 2013 THROUGH 2017.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), there are authorized to be appro-
priated to carry out this section $75,000,000 
for each of fiscal years 2013 through 2017. 
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‘‘(B) MULTIYEAR CONTRACTS.—For each 
multiyear contract entered into by the Secretary 
during a fiscal year under this section, the Sec-
retary shall ensure that sufficient funds are ob-
ligated from the appropriation for that fiscal 
year to fully cover all payments required by the 
contract for all years of the contract.’’. 
SEC. 9011. COMMUNITY WOOD ENERGY PROGRAM. 
Section 9013(e) of the Farm Security and Rural In-
vestment Act of 2002 (7 U.S.C. 8113(e)) is amended by 
striking ‘‘carry out this section’’ and all that follows and 
inserting the following: ‘‘carry out this section— 
‘‘(1) $5,000,000 for each of fiscal years 2009 
through 2012; and 
‘‘(2) $2,000,000 for each of fiscal years 2013 
through 2017.’’. 
SEC. 9012. REPEAL OF BIOFUELS INFRASTRUCTURE STUDY. 
Section 9002 of the Food, Conservation, and Energy 
Act of 2008 (Public Law 110–246; 122 Stat. 2095) is re-
pealed. 
SEC. 9013. REPEAL OF RENEWABLE FERTILIZER STUDY. 
Section 9003 of the Food, Conservation, and Energy 
Act of 2008 (Public Law 110–246; 122 Stat. 2096) is re-
pealed. 
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TITLE X—HORTICULTURE 
SEC. 10001. SPECIALTY CROPS MARKET NEWS ALLOCATION. 
Section 10107(b) of the Food, Conservation, and En-
ergy Act of 2008 (7 U.S.C. 1622b(b)) is amended by strik-
ing ‘‘2012’’ and inserting ‘‘2017’’. 
SEC. 10002. REPEAL OF GRANT PROGRAM TO IMPROVE 
MOVEMENT OF SPECIALTY CROPS. 
Section 10403 of the Food, Conservation, and En-
ergy Act of 2008 (7 U.S.C. 1622c) is repealed. 
SEC. 10003. FARMERS MARKET AND LOCAL FOOD PRO-
MOTION PROGRAM. 
Section 6 of the Farmer-to-Consumer Direct Mar-
keting Act of 1976 (7 U.S.C. 3005) is amended— 
(1) in the section heading, by inserting ‘‘AND 
LOCAL FOOD’’ after ‘‘FARMERS’ MARKET’’; 
(2) in subsection (a)— 
(A) by inserting ‘‘and Local Food’’ after 
‘‘Farmers’ Market’’; 
(B) by striking ‘‘farmers’ markets and to 
promote’’; and 
(C) by striking the period and inserting 
‘‘and assist in the development of local food 
business enterprises.’’; 
(3) in subsection (b), by striking paragraph (1) 
and inserting the following new paragraph: 
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‘‘(1) IN GENERAL.—The purposes of the pro-
gram are to increase domestic consumption of, and 
consumer access to, locally and regionally produced 
agricultural products by assisting in the develop-
ment, improvement, and expansion of— 
‘‘(A) domestic farmers’ markets, roadside 
stands, community-supported agriculture pro-
grams, agritourism activities, and other direct 
producer-to-consumer market opportunities; and 
‘‘(B) local and regional food business en-
terprises that process, distribute, aggregate, 
and store locally or regionally produced food 
products.’’; 
(4) in subsection (c)(1)— 
(A) by inserting ‘‘or other agricultural 
business entity’’ after ‘‘cooperative’’; and 
(B) by inserting ‘‘, including a community 
supported agriculture network or association’’ 
after ‘‘association’’; 
(5) by redesignating subsection (e) as sub-
section (f); 
(6) by inserting after subsection (d) the fol-
lowing new subsection: 
‘‘(e) FUNDS REQUIREMENTS FOR ELIGIBLE ENTI-
TIES.— 
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‘‘(1) MATCHING FUNDS.—An entity receiving a 
grant under this section for a project to carry out 
a purpose described in subsection (b)(1)(B) shall 
provide matching funds in the form of cash or an in- 
kind contribution in an amount equal to 25 percent 
of the total cost of such project. 
‘‘(2) LIMITATION ON USE OF FUNDS.—An eligi-
ble entity may not use a grant or other assistance 
provided under this section for the purchase, con-
struction, or rehabilitation of a building or struc-
ture.’’; and 
(7) in subsection (f) (as redesignated by para-
graph (5))— 
(A) in paragraph (1)— 
(i) in subparagraph (B), by striking 
‘‘and’’ at the end; 
(ii) in subparagraph (C), by striking 
the period at the end and inserting ‘‘; 
and’’; and 
(iii) by adding at the end the fol-
lowing new subparagraph: 
‘‘(D) $20,000,000 for each of fiscal years 
2013 through 2017.’’; 
(B) by striking paragraphs (2) and (4); 
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(C) by redesignating paragraph (3) as 
paragraph (5); and 
(D) by inserting after paragraph (1) the 
following new paragraphs: 
‘‘(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to carry out 
this section $10,000,000 for each of fiscal years 
2013 through 2017. 
‘‘(3) USE OF FUNDS.—Of the funds made avail-
able to carry out this section for a fiscal year, 50 
percent of such funds shall be used for the purposes 
described in subparagraph (A) of subsection (b)(1) 
and 50 percent of such funds shall be used for the 
purposes described in subparagraph (B) of such sub-
section. 
‘‘(4) LIMITATION
ON
ADMINISTRATIVE
EX-
PENSES.—Not more than 3 percent of the total 
amount made available to carry out this section for 
a fiscal year may be used for administrative ex-
penses.’’. 
SEC. 10004. ORGANIC AGRICULTURE. 
(a) ORGANIC PRODUCTION AND MARKET DATA INI-
TIATIVES.—Section 7407(d) of the Farm Security and 
Rural Investment Act of 2002 (7 U.S.C. 5925c(d)) is 
amended— 
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(1) by redesignating paragraph (2) as para-
graph (3); 
(2) by inserting after paragraph (1) the fol-
lowing new paragraph: 
‘‘(2) MANDATORY
FUNDING.—In addition to 
funds made available under paragraph (1), of the 
funds of the Commodity Credit Corporation, the 
Secretary shall use to carry out this section 
$5,000,000, to remain available until expended.’’; 
and 
(3) in paragraph (3) (as redesignated by para-
graph (1))— 
(A) by striking ‘‘paragraph (1)’’ and in-
serting ‘‘paragraphs (1) and (2)’’; and 
(B) by striking ‘‘2012’’ and inserting 
‘‘2017’’. 
(b) MODERNIZATION AND TECHNOLOGY UPGRADE 
FOR NATIONAL ORGANIC PROGRAM.—Section 2122 of the 
Organic Foods Production Act of 1990 (7 U.S.C. 6521) 
is amended by adding at the end the following new sub-
section: 
‘‘(c) MODERNIZATION AND TECHNOLOGY UPGRADE 
FOR NATIONAL ORGANIC PROGRAM.—The Secretary shall 
modernize database and technology systems of the na-
tional organic program.’’. 
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(c) AUTHORIZATION OF APPROPRIATIONS FOR NA-
TIONAL ORGANIC PROGRAM.—Section 2123 of the Or-
ganic Foods Production Act of 1990 (7 U.S.C. 6522) is 
amended— 
(1) in subsection (b)— 
(A) in paragraph (5), by striking ‘‘and’’ at 
the end; 
(B) by redesignating paragraph (6) as 
paragraph (7); and 
(C) by inserting after paragraph (5) the 
following new paragraph: 
‘‘(6) $11,000,000 for each of fiscal years 2013 
through 2017; and’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(c) MODERNIZATION AND TECHNOLOGY UPGRADE 
FOR NATIONAL ORGANIC PROGRAM.—Of the funds of the 
Commodity Credit Corporation and in addition to any 
other funds made available to carry out section 2122(c), 
the Secretary shall use to carry out such section 
$5,000,000 for fiscal year 2013, to remain available until 
expended.’’. 
(d) NATIONAL
ORGANIC
CERTIFICATION
COST- 
SHARE PROGRAM.—Section 10606 of the Farm Security 
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and Rural Investment Act of 2002 (7 U.S.C. 6523) is re-
pealed. 
SEC. 10005. INVESTIGATIONS AND ENFORCEMENT OF THE 
ORGANIC FOODS PRODUCTION ACT OF 1990. 
The Organic Foods Production Act of 1990 is amend-
ed by inserting after section 2122 (7 U.S.C. 6521) the 
following new section: 
‘‘SEC. 2122A. INVESTIGATIONS AND ENFORCEMENT. 
‘‘(a) INVESTIGATION.— 
‘‘(1) IN
GENERAL.—The Secretary may take 
such investigative actions as the Secretary considers 
to be necessary to carry out this title— 
‘‘(A) to verify the accuracy of any informa-
tion reported or made available under this title; 
and 
‘‘(B) to determine, with regard to actions, 
practices, or information required under this 
title, whether a person covered by this title has 
committed a violation of any provision of this 
title. 
‘‘(2) INVESTIGATIVE POWERS.—The Secretary 
may administer oaths and affirmations, subpoena 
witnesses, compel attendance of witnesses, take evi-
dence, and require the production of any records re-
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quired to be maintained under section 2112(d) or 
2116(c) that are relevant to the investigation. 
‘‘(b) UNLAWFUL ACT.—It shall be unlawful and a 
violation of this title for any person covered by this title— 
‘‘(1) to refuse to provide information required 
by the Secretary under this title; or 
‘‘(2) to violate— 
‘‘(A) a suspension or revocation of the or-
ganic certification of a producer or handler; or 
‘‘(B) a suspension or revocation of the ac-
creditation of a certifying agent. 
‘‘(c) ENFORCEMENT.— 
‘‘(1) SUSPENSION.— 
‘‘(A) IN
GENERAL.—The Secretary may, 
after notice and opportunity for an expedited 
administrative hearing, suspend the organic cer-
tification of a producer or handler, or accredita-
tion of a certifying agent if the Secretary has 
reason to believe that a person producing or 
handling an agricultural product, or a certifying 
agent, has violated or is violating any provision 
of this title. 
‘‘(B) 
CONTINUATION
OF
SUSPENSION 
THROUGH
APPEAL.—If the Secretary deter-
mines subsequent to an investigation that a vio-
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shall be set aside only if the revocation of such cer-
tification or such accreditation is clearly erroneous. 
‘‘(e) NONCOMPLIANCE.— 
‘‘(1) IN GENERAL.—If a person covered by this 
title fails to obey a revocation of a certification or 
an accreditation under subsection (c)(2) after such 
revocation has become final and conclusive or after 
the appropriate United States district court has en-
tered a final judgment in favor of the Secretary, the 
United States may apply to the appropriate United 
States district court for enforcement of such revoca-
tion. 
‘‘(2) ENFORCEMENT.—If the court determines 
that the revocation was lawfully made and duly 
served and that the person violated the revocation, 
the court shall enforce the revocation. 
‘‘(3) CIVIL PENALTY.—If the court finds that 
the person violated the revocation of a certification 
or an accreditation under subsection (c)(2), the per-
son shall be subject to one or more of the penalties 
provided in subsections (a) and (b) of section 
2120.’’. 
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463 
SEC. 10006. FOOD SAFETY EDUCATION INITIATIVES. 
Section 10105(c) of the Food, Conservation, and En-
ergy Act of 2008 (7 U.S.C. 7655a(c)) is amended by strik-
ing ‘‘2012’’ and inserting ‘‘2017’’. 
SEC. 10007. SPECIALTY CROP BLOCK GRANTS. 
Section 101 of the Specialty Crops Competitiveness 
Act of 2004 (7 U.S.C. 1621 note; Public Law 108-465) 
is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘subsection (j)’’ and insert-
ing ‘‘subsection (l)’’; and 
(B) by striking ‘‘2012’’ and inserting 
‘‘2017’’; 
(2) by striking subsection (b) and inserting the 
following new subsection: 
‘‘(b) GRANTS BASED ON VALUE AND ACREAGE.— 
Subject to subsection (c), for each State whose application 
for a grant for a fiscal year that is accepted by the Sec-
retary under subsection (f), the amount of the grant for 
such fiscal year to the State under this section shall bear 
the same ratio to the total amount made available under 
subsection (l)(1) for such fiscal year as— 
‘‘(1) the average of the most recent available 
value of specialty crop production in the State and 
the acreage of specialty crop production in the State, 
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464 
as demonstrated in the most recent Census of Agri-
culture data; bears to 
‘‘(2) the average of the most recent available 
value of specialty crop production in all States and 
the acreage of specialty crop production in all 
States, as demonstrated in the most recent Census 
of Agriculture data.’’; 
(3) by redesignating subsection (j) as sub-
section (l); 
(4) by inserting after subsection (i) the fol-
lowing new paragraph: 
‘‘(j) MULTISTATE PROJECTS.—Not later than 180 
days after the effective date of the Federal Agriculture 
Reform and Risk Management Act of 2012, the Secretary 
of Agriculture shall issue guidance for the purpose of mak-
ing grants to multistate projects under this section for 
projects involving— 
‘‘(1) food safety; 
‘‘(2) plant pests and disease; 
‘‘(3) crop-specific projects addressing common 
issues; and 
‘‘(4) any other area that furthers the purposes 
of this section, as determined by the Secretary. 
‘‘(k) ADMINISTRATION.— 
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465 
‘‘(1) DEPARTMENT.—The Secretary of Agri-
culture may not use more than 3 percent of the 
funds made available to carry out this section for a 
fiscal year for administrative expenses. 
‘‘(2) STATES.—A State receiving a grant under 
this section may not use more than 8 percent of the 
funds received under the grant for a fiscal year for 
administrative expenses.’’; and 
(5) in subsection (l) (as redesignated by para-
graph (3))— 
(A) by redesignating paragraphs (1), (2), 
and (3) as subparagraphs (A), (B), and (C), re-
spectively, and moving such subpargraphs two 
ems to the right; 
(B) by striking ‘‘Of the funds’’ and insert-
ing the following: 
‘‘(1) IN GENERAL.—Of the funds’’; 
(C) in paragraph (1) (as so designated)— 
(i) in subparagraph (B) (as redesig-
nated by subparagraph (A)), by striking 
‘‘and’’ at the end; 
(ii) in subparagraph (C) (as redesig-
nated by subparagraph (A)), by striking 
the period at the end and inserting ‘‘; 
and’’; and 
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466 
(iii) by adding at the end the fol-
lowing new subparagraph: 
‘‘(D) $70,000,000 for fiscal year 2013 and 
each fiscal year thereafter.’’; and 
(D) by adding at the end the following new 
paragraph: 
‘‘(2) MULTISTATE
PROJECTS.—Of the funds 
made available under paragraph (1), the Secretary 
may use to carry out subsection (j), to remain avail-
able until expended— 
‘‘(A) $1,000,000 for fiscal year 2013; 
‘‘(B) $2,000,000 for fiscal year 2014; 
‘‘(C) $3,000,000 for fiscal year 2015; 
‘‘(D) $4,000,000 for fiscal year 2016; and 
‘‘(E) $5,000,000 for fiscal year 2017.’’. 
SEC. 10008. REPORT ON HONEY. 
(a) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Agriculture, 
in consultation with persons affected by the potential es-
tablishment of a Federal standard for the identity of 
honey, shall submit to the Commissioner of Food and 
Drugs a report describing how an appropriate Federal 
standard for the identity of honey would be in the interest 
of consumers, the honey industry, and United States agri-
culture. 
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467 
(b) CONSIDERATIONS.—In preparing the report re-
quired under subsection (a), the Secretary shall take into 
consideration the March, 2006, Standard of Identity citi-
zens petition filed with the Food and Drug Administra-
tion, including any current industry amendments or clari-
fications necessary to update such petition. 
SEC. 10009. BULK SHIPMENTS OF APPLES TO CANADA. 
(a) BULK SHIPMENT OF APPLES TO CANADA.—Sec-
tion 4 of the Export Apple Act (7 U.S.C. 584) is amend-
ed— 
(1) by striking ‘‘Apples in’’ and inserting ‘‘(a) 
Apples in’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(b) Apples may be shipped to Canada in bulk bins 
without complying with the provisions of this Act.’’. 
(b) DEFINITION OF BULK BIN.—Section 9 of the Ex-
port Apple Act (7 U.S.C. 589) is amended by adding at 
the end the following new paragraph: 
‘‘(5) The term ‘bulk bin’ means a bin that con-
tains a quantity of apples weighing more than 100 
pounds.’’. 
(c) REGULATIONS.—Not later than 60 days after the 
date of the enactment of this Act, the Secretary of Agri-
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culture shall issue regulations to carry out the amend-
ments made by this Act. 
SEC. 10010. INCLUSION OF OLIVE OIL IN IMPORT CON-
TROLS UNDER THE AGRICULTURAL ADJUST-
MENT ACT. 
Section 8e(a) of the Agricultural Adjustment Act (7 
U.S.C. 608e–1(a)) is amended by inserting ‘‘olive oil,’’ 
after ‘‘olives (other than Spanish-style green olives),’’. 
SEC. 10011. PETITIONS TO DETERMINE ORGANISM NOT A 
PLANT PEST. 
(a) PETITION
TO DETERMINE ORGANISM NOT
A 
PLANT PEST.—The Plant Protection Act is amended by 
inserting after section 411 (7 U.S.C. 7711) the following 
new section: 
‘‘SEC. 411A. PETITION TO DETERMINE ORGANISM NOT A 
PLANT PEST. 
‘‘(a) PETITION.—A person may petition the Sec-
retary for a determination that an organism that is subject 
to regulation by the Secretary as a plant pest under this 
Act is not a plant pest for purposes of this Act. 
‘‘(b) REVIEW OF PETITION.— 
‘‘(1) ASSESSMENT AND ANALYSIS REQUIRED.— 
In reviewing a petition submitted under subsection 
(a), the Secretary shall conduct the following with 
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respect to an organism that is the subject of the pe-
tition: 
‘‘(A) PLANT PEST RISK ASSESSMENT.—An 
assessment of the likelihood that such organism 
is a plant pest. 
‘‘(B) 
ENVIRONMENTAL
ANALYSIS.—An 
analysis of any likely adverse effects of such or-
ganism on the soil, water, air quality, non-tar-
get organisms, and listed threatened and endan-
gered species and the critical habitat of such 
species for the environment in which such orga-
nism is likely to be grown or otherwise used 
under the conditions specified in such petition. 
‘‘(2) DETERMINATION.—The Secretary shall 
issue a determination that an organism is not a 
plant pest for purposes of this Act if the Secretary 
determines, based on sound science and the plant 
pest risk assessment conducted under paragraph 
(1)(A), that an organism is not likely to be a plant 
pest. 
‘‘(3) REVIEW PERIOD.— 
‘‘(A) INITIAL REVIEW PERIOD.—Not later 
than one year after the date on which the Sec-
retary determines that a petition submitted 
under subsection (a) is complete, the Secretary 
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470 
shall complete the plant pest risk assessment 
and the environmental analysis required under 
paragraph (1) and issue a determination with 
respect to such petition under paragraph (2). 
‘‘(B) EXTENSION.—The Secretary may ex-
tend the one-year review period referred to in 
subparagraph (A) for a petition for one addi-
tional period of not more than 180 days if the 
Secretary determines that additional review is 
necessary. The Secretary shall notify the person 
who submitted the petition, in writing, of the 
reasons for the extension and an estimate of the 
time period necessary to complete the review. 
‘‘(4) EFFECT OF FAILURE TO MEET TIME PE-
RIOD.—Notwithstanding any other provision of law, 
if after completing the plant pest risk assessment, 
but not the environmental analysis, required under 
paragraph (1), the Secretary finds that there is no 
reason to believe that an organism is a plant pest 
and does not grant or deny a petition submitted 
under subsection (a) with respect to such organism 
within the time period required under paragraph (3), 
such organism shall be deemed not to be a plant 
pest for purposes of this Act. 
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471 
‘‘(5) EFFECT ON PESTICIDE REGISTRATION.— 
In the case of an organism containing a plant-incor-
porated protectant (as defined in section 174.3 of 
title 40, Code of Federal Regulations, or any suc-
cessor regulation) with respect to which an applica-
tion for registration of the plant-incorporated pro-
tectant is pending under the Federal Insecticide, 
Fungicide, and Rodenticide Act (7 U.S.C. 136a et 
seq.), a determination made under paragraph (2) 
that an organism is not a plant pest or the deeming 
that an organism is not a plant pest under para-
graph (4) shall not be effective until the registration 
of the plant-incorporated protectant contained in 
such organism is approved under the Federal Insec-
ticide, Fungicide, and Rodenticide Act (7 U.S.C. 
136a et seq.). If such registration is not approved, 
a determination made under paragraph (2) that an 
organism is not a plant pest or a deeming that an 
organism is not a plant pest under paragraph (4) 
shall not become effective. 
‘‘(6) 
SUBSEQUENT
AUTHORITY
TO
REGU-
LATE.—Notwithstanding a determination that an or-
ganism is not a plant pest under paragraph (2) or 
that such organism has been deemed not to be a 
plant pest under paragraph (4), the Secretary may 
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472 
issue a determination, based on information discov-
ered after the date of such determination or the date 
on which the organism was so deemed and sound 
science, that an organism is a plant pest for pur-
poses of this Act. 
‘‘(7) PUBLIC NOTICE.— 
‘‘(A) NOTICE.—The Secretary shall pub-
lish notice in the Federal Register of— 
‘‘(i) the grant or denial of a petition 
submitted under subsection (a) with re-
spect to an organism; or 
‘‘(ii) the deeming that such organism 
is not a plant pest under paragraph (4). 
‘‘(B) RISK
ASSESSMENTS
AND
ENVIRON-
MENTAL ANALYSIS.—The Secretary shall pro-
vide to the person who submitted a petition 
under subsection (a), and make available to the 
public, the risk assessment and environmental 
analysis prepared under paragraph (1) with re-
spect to such petition. 
‘‘(c) APPLICABILITY OF ENVIRONMENTAL ANALYSIS 
CONDUCTED FOR PETITION TO DETERMINE ORGANISM 
NOT A PLANT PEST.— 
‘‘(1) EXCLUSIVE ANALYSIS PERFORMED.—Not-
withstanding any other provision of law, the environ-
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mental analysis required under subsection (b)(1) and 
as specifically described in such subsection shall be 
the only analysis or procedure regarding the effects 
on the environment of an organism that is the sub-
ject of a petition submitted under subsection (a) re-
quired or authorized by law with respect to review-
ing and taking action on such a petition. 
‘‘(2) PROHIBITION
ON
USE
OF
FUNDS
FOR 
OTHER ANALYSES.—No funds made available by any 
Act shall be obligated, expended, or used for any 
analysis or procedure regarding the effects on the 
environment of an organism conducted for purposes 
of this section other than the environmental analysis 
required under subsection (b)(1). 
‘‘(3) PROHIBITION ON SOLICITATION OF FUNDS 
FOR
ENVIRONMENTAL
ANALYSIS.—The Secretary 
shall not require or solicit any financial assistance 
from a person submitting a petition under sub-
section (a) for any analysis or procedure regarding 
the effects on the environment of an organism or for 
any other analysis or procedure not specifically au-
thorized by subsection (b)(1). 
‘‘(d) USE OF DATA FROM PERMITS FOR PURPOSES 
OF PETITION FOR A DETERMINATION THAT AN ORGA-
NISM NOT A PLANT PEST.—Notwithstanding any other 
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474 
provision of law, the Secretary shall use data collected 
under a permit issued by the Secretary under section 
411(a) with respect to an organism, among other relevant 
data, for purposes of the review of a petition submitted 
under subsection (a) with respect to such organism.’’. 
(b) AUTHORITY
OF REVIEW
FOR
AND ENVIRON-
MENTAL ANALYSIS APPLICABLE TO PERMITS.—Section 
411 of the Plant Protection Act (7 U.S.C. 7711) is amend-
ed— 
(1) by redesignating subsections (c), (d), and 
(e) as subsections (e), (f), and (g), respectively; and 
(2) by inserting after subsection (b), the fol-
lowing new subsections: 
‘‘(c) LIMITATION ON ANALYSES AND PROCEDURES 
FOR PERMITS.—Notwithstanding any other provision of 
law, the analyses or procedures required under the regula-
tions issued by the Secretary under the Federal Plant Pest 
Act and continued in effect in accordance with section 
438(c) shall be the only analyses or procedures required 
or authorized by law with respect to reviewing and taking 
action on an application for a permit submitted under sub-
section (a). 
‘‘(d) ENVIRONMENTAL ANALYSIS APPLICABLE
TO 
CERTAIN PERMITS.—Notwithstanding any other provision 
of law, in reviewing an application for a permit submitted 
VerDate Mar 15 2010 
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