dreamproit/uscode huggingface dataset:
7 U.S.C. § 6616 (AGRICULTURE)
§ 6616. Loans to economically disadvantaged rural communities
(a) In general
The Secretary, under such terms and conditions as the Secretary shall establish, may make loans to economically disadvantaged rural communities for the purposes of securing technical assistance and services to aid in the development and implementation of action plans, including planning for—
(1) improving existing facilities in the community that may generate employment or revenue;
(2) expanding existing infrastructure, facilities, and services to capitalize on opportunities to diversify economies now dependent on National Forest System land resources; and
(3) supporting the development of new industries or commercial ventures unrelated to National Forest System land resources.
(b) Interest rates
The interest rates on a loan made pursuant to this section shall be as determined by the Secretary, but not in excess of the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the maturity of such loan, plus not to exceed 1 percent, as determined by the Secretary, and rounded to the nearest one-eighth of 1 percent.
(Pub. L. 101–624, title XXIII, § 2378, Nov. 28, 1990, 104 Stat. 4048; Pub. L. 106–113, div. B, § 1000(a)(3) [title III, § 345(f)], Nov. 29, 1999, 113 Stat. 1535, 1501A–204.)
heading: Amendments
text: 1999—Subsec. (a)(2), (3). Pub. L. 106–113 substituted “National Forest System land resources” for “national forest resources”.
7 U.S.C. § 6617 (AGRICULTURE)
§ 6617. Authorization of appropriations and spending authority
(a) Authorization of appropriations
Except as provided in subsection (b) of this section, there are authorized to be appropriated—
(1) an amount not to exceed 5 percent of the sum of—
(A) the sums received by the Secretary from sales of timber and other products of the forests; and
(B) user fees paid in connection with the use of forest lands; and
(2) such additional sums as may be necessary to carry out the purposes of this subchapter.
(b) Limitation on authorization
Subsection (a) of this section shall not in any way affect payments to the States pursuant to section 500 of title 16.
(c) Spending authority
Any spending authority (as defined in section 651 of title 2) provided in this subchapter shall be effective for any fiscal year only to such extent or in such amounts as are provided in appropriation Acts.
(Pub. L. 101–624, title XXIII, § 2379, Nov. 28, 1990, 104 Stat. 4049.)
7 U.S.C. § 6701 (AGRICULTURE)
§ 6701. Global Climate Change Program
(a) Establishment
For the purpose of having within the Department of Agriculture a focal point for coordinating all issues of climate change, the Secretary of Agriculture (hereafter in this chapter referred to as the “Secretary”) shall establish a Global Climate Change Program (hereafter in this section referred to as the “Program”). The Secretary shall designate a director of the Program who shall be responsible to the Secretary for carrying out the duties specified in subsections (b) and (c) of this section.
(b) General duties
The Director shall—
(1) coordinate policy analysis, long range planning, research, and response strategies relating to climate change issues;
(2) provide liaison with other Federal agencies, through the Office of Science and Technology Policy, regarding issues of climate change;
(3) inform the Department of scientific developments and policy issues relating to the effects of climate change on agriculture and forestry, including broader issues that affect the impact of climate change on the farms and forests of the United States;
(4) recommend to the Secretary alternative courses of action with which to respond to such scientific developments and policy issues; and
(5) ensure that recognition of the potential for climate change is fully integrated into the research, planning, and decision-making processes of the Department.
(c) Specific responsibilities
The Director shall—
(1) coordinate the global climate change studies required by section 6702 of this title;
(2) provide, through such other agencies as the Secretary determines appropriate, competitive grants for research in climatology relating to the potential impact of climate change on agriculture;
(3) coordinate the participation of the Department in interagency climate-related activities;
(4) consult with the National Academy of Sciences and private, academic, State, and local groups with respect to climate research and related activities;
(5) represent the Department to the Office of Science and Technology Policy and coordinate the activities of the Department in response to requirements of this chapter;
(6) represent the Department on the Intergovernmental Panel on Climate Change; and
(7) review all Department budget items relating to climate change issues, including specifically the research budget to be submitted by the Secretary to the Office of Science and Technology Policy and the Office of Management and Budget.
(Pub. L. 101–624, title XXIV, § 2402, Nov. 28, 1990, 104 Stat. 4058.)
heading: References in Text
text: This chapter, referred to in subsecs. (a) and (c)(5), was in the original “this title”, meaning title XXIV of Pub. L. 101–624, Nov. 28, 1990, 104 Stat. 4058, which is classified generally to this chapter. For complete classification of title XXIV to the Code, see Short Title note below and Tables.
heading: Short Title
text: Pub. L. 101–624, title XXIV, § 2401, Nov. 28, 1990, 104 Stat. 4058, provided that: “This title [enacting this chapter and amending sections 1601 and 1602 of Title 16, Conservation] may be cited as the ‘Global Climate Change Prevention Act of 1990’.”
7 U.S.C. § 6702 (AGRICULTURE)
§ 6702. Study of global climate change, agriculture, and forestry
(a) Crops
(1) In general
The Secretary shall study the effects of global climate change on agriculture and forestry. The study shall, at a minimum address—
(A) the effects of simultaneous increases in temperature and carbon dioxide on crops of economic significance;
(B) the effects of more frequent or more severe weather events on such crops;
(C) the effects of potential changes in hydrologic regimes on current crop yields;
(D) the economic effects of widespread and increased drought frequency in the south, midwest, and plains States; and
(E) changes in pest problems due to higher temperatures.
(2) Further studies
If the results of the study conducted under paragraph (1) warrant, the Secretary shall conduct further studies that address the means of mitigating the effects of global climate change on crops of economic significance that shall, at a minimum—
(A) identify whether climate change tolerance can be bred into these crops, the amount of time necessary for any such breeding, and the effects on the income of farmers;
(B) evaluate existing genetic resource and breeding programs for crops for their ability to develop new varieties that can tolerate potential climate changes; and
(C) assess the potential for the development of crop varieties that are tolerant to climate changes and other environmental stresses, such as drought, pests, and salinity.
(b) Forests
The Secretary shall conduct a study on the emissions of methane, nitrous oxide, and hydrocarbons from tropical and temperate forests, the manner in which such emissions may affect global climate change; the manner in which global climate change may affect such emissions; and the manner in which such emissions may be reduced through management practices. The study shall, at a minimum—
(1) obtain measurements of nitrous oxide, methane, and nonmethane hydrocarbons from tropical and temperate forests;
(2) determine the manner in which the nitrous oxide, methane, and nonmethane hydrocarbon emissions from temperate and tropical forest systems will respond due to climate change; and
(3) identify and address alternative management strategies for temperate and tropical forests that may mitigate any negative effects of global climate change.
(c) Reports
The Secretary shall submit reports of the studies conducted under subsections (a) and (b) of this section within 3 and 6 years, respectively, after November 28, 1990, to the Committee on Agriculture and the Committee on Science, Space, and Technology of the House of Representatives, and the Committee on Agriculture, Nutrition, and Forestry of the Senate. In addition, interim reports regarding such studies shall be provided by the Secretary to such Committees annually, with recommendations for actions which may be taken to mitigate the negative effects of global climate change and to adapt to global climate changes and related phenomena.
(Pub. L. 101–624, title XXIV, § 2403, Nov. 28, 1990, 104 Stat. 4059.)
7 U.S.C. § 6703 (AGRICULTURE)
§ 6703. Repealed. Pub. L. 104–127, title VIII, § 868, Apr. 4, 1996, 110 Stat. 1175
text: Section, Pub. L. 101–624, title XXIV, § 2404, Nov. 28, 1990, 104 Stat. 4060, required Secretary of Agriculture to establish technical advisory committee to provide advice to Secretary concerning major study areas required under this chapter.
7 U.S.C. § 6704 (AGRICULTURE)
§ 6704. Office of International Forestry
(a) Establishment
The Secretary, acting through the Chief of the Forest Service, shall establish an Office of International Forestry within the Forest Service within six months after November 28, 1990.
(b) Deputy Chief designation
The Chief shall appoint a Deputy Chief for International Forestry.
(c) Duties
The Deputy Chief shall—
(1) be responsible for the international forestry activities of the Forest Service;
(2) coordinate the activities of the Forest Service in implementing the provisions of this chapter; and
(3) serve as Forest Service liaison to the director for the program established pursuant to section 6701 of this title.
(d) Authorization of appropriations
There are authorized to be appropriated for each of fiscal years 1996 through 2012 such sums as are necessary to carry out this section.
(Pub. L. 101–624, title XXIV, § 2405, Nov. 28, 1990, 104 Stat. 4060; Pub. L. 104–127, title III, § 371, Apr. 4, 1996, 110 Stat. 1015; Pub. L. 107–171, title VIII, § 8102, May 13, 2002, 116 Stat. 475; Pub. L. 110–234, title VIII, § 8202, May 22, 2008, 122 Stat. 1290; Pub. L. 110–246, § 4(a), title VIII, § 8202, June 18, 2008, 122 Stat. 1664, 2051.)
heading: Codification
text: Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.
heading: Amendments
text: 2008—Subsec. (d). Pub. L. 110–246, § 8202, substituted “2012” for “2007”.
2002—Subsec. (d). Pub. L. 107–171 substituted “2007” for “2002”.
1996—Subsec. (d). Pub. L. 104–127 added subsec. (d).
heading: Effective Date of 2008 Amendment
text: Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.
7 U.S.C. § 6705 (AGRICULTURE)
§ 6705. Line item
The President’s proposed budget to Congress for the first fiscal year beginning after November 28, 1990, and for each subsequent fiscal year shall specifically identify funds to be spent on Forest Service international cooperation and assistance.
(Pub. L. 101–624, title XXIV, § 2406, Nov. 28, 1990, 104 Stat. 4060.)
7 U.S.C. § 6706 (AGRICULTURE)
§ 6706. Institutes of Tropical Forestry
The Secretary is authorized and directed to establish an Institute of Tropical Forestry in Puerto Rico and an Institute of Pacific Islands Forestry (hereafter in this section referred to as the “Institutes”). The Institutes shall conduct research on forest management and natural resources that shall include—
(1) management and development of tropical forests;
(2) the relationship between climate change and tropical forests;
(3) threatened and endangered species;
(4) recreation and tourism;
(5) development of tropical forest resources on a sustained yield basis;
(6) techniques to monitor the health and productivity of tropical forests;
(7) tropical forest regeneration and restoration; and
(8) the effects of tropical deforestation on biodiversity, global climate, wildlife, soils, and water.
(Pub. L. 101–624, title XXIV, § 2407, Nov. 28, 1990, 104 Stat. 4060.)
7 U.S.C. § 6707 (AGRICULTURE)
§ 6707. Urban forestry demonstration projects
The Secretary is authorized to undertake, through the Forest Service’s Northeastern Area State and Private Forestry program, a study and pilot implementation project to demonstrate the benefits of retaining and integrating forests in urban development. The focus of such a study and implementation project should be to protect the environment and associated natural resource values, for current and future generations.
(Pub. L. 101–624, title XXIV, § 2409, Nov. 28, 1990, 104 Stat. 4061.)
7 U.S.C. § 6708 (AGRICULTURE)
§ 6708. Biomass energy demonstration projects
The Secretary, in consultation with the Secretary of Energy, may carry out projects that demonstrate the potential of short-rotation silvicultural methods to produce wood for electricity production and industrial energy needs. In carrying out such projects, the Secretary shall cooperate with private industries, Federal and State agencies, and other organizations.
(Pub. L. 101–624, title XXIV, § 2410, Nov. 28, 1990, 104 Stat. 4061.)
7 U.S.C. § 6709 (AGRICULTURE)
§ 6709. Interagency cooperation to maximize biomass growth
The Secretary may enter into an agreement with the Secretary of Defense to—
(1) conduct a study of reforestation and improved management of Department of Defense military installations and lands; and
(2) develop a program to manage such forests and lands so as to maximize their potential for biomass growth and sequestering carbon dioxide.
(Pub. L. 101–624, title XXIV, § 2411, Nov. 28, 1990, 104 Stat. 4062.)
7 U.S.C. § 6710 (AGRICULTURE)
§ 6710. Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary for each of the fiscal years 1991 through 1997, to carry out this chapter.
(Pub. L. 101–624, title XXIV, § 2412, Nov. 28, 1990, 104 Stat. 4062; Pub. L. 104–127, title VIII, § 843, Apr. 4, 1996, 110 Stat. 1170.)
heading: Amendments
text: 1996—Pub. L. 104–127 substituted “1997” for “1996”.
7 U.S.C. § 6803 (AGRICULTURE)
§ 6803. Issuance of orders
(a) In general
(1) Issuance
To effectuate the policy of this chapter specified in section 6801(b) of this title, the Secretary, subject to the procedures provided in subsection (b) of this section, shall issue orders under this chapter applicable to qualified handlers of cut flowers and cut greens.
(2) Scope
Any order shall be national in scope.
(3) One order
Not more than 1 order shall be in effect at any 1 time.
(b) Procedures
(1) Proposal for an order
(A) Secretary
The Secretary may propose the issuance of an order.
(B) Other persons
An industry group that represents a substantial number of the industry members who are to be assessed under the order, or any other person who will be affected by this chapter, may request the issuance of, and submit a proposal for, an order.
(2) Publication of proposal
The Secretary shall publish a proposed order and give notice and opportunity for public comment on the proposed order not later than 60 days after the earlier of—
(A) the date on which the Secretary proposes an order, as provided in paragraph (1)(A); and
(B) the date of the receipt by the Secretary of a proposal for an order, as provided in paragraph (1)(B).
(3) Issuance of order
(A) In general
After notice and opportunity for public comment are provided in accordance with paragraph (2), the Secretary shall issue the order, taking into consideration the comments received and including in the order such provisions as are necessary to ensure that the order is in conformity with this chapter.
(B) Effective date
The order shall be issued and become effective not later than 180 days after publication of the proposed order.
(c) Amendments
The Secretary, from time to time, may amend an order. The provisions of this chapter applicable to an order shall be applicable to any amendment to an order.
(Pub. L. 103–190, § 4, Dec. 14, 1993, 107 Stat. 2271.)
7 U.S.C. § 6805 (AGRICULTURE)
§ 6805. Exclusion; determinations
(a) Exclusion
An order shall exclude from assessments under the order any sale of cut flowers or cut greens for export from the United States.
(b) Making determinations
(1) In general
For the purpose of applying the $750,000 annual sales limitation to a specific person in order to determine the status of the person as a qualified handler or an exempt handler under section 6802(4) of this title, or to a specific facility in order to determine the status of the facility as an eligible separate facility under section 6806(b)(2) of this title, an order issued under this chapter shall provide that—
(A) a determination of the annual sales volume of a person or facility shall be based on the sales of cut flowers and cut greens by the person or facility during the most recently-completed calendar year, except as provided in subparagraph (B); and
(B) in the case of a new business or other operation for which complete data on sales during all or part of the most recently-completed calendar year are not available to the PromoFlor Council, the determination may be made using an alternative time period or other alternative procedure specified in the order.
(2) Rule of attribution
(A) In general
For the purpose of determining the annual sales volume of a person or a separate facility of a person, sales attributable to a person shall include—
(i) in the case of an individual, sales attributable to the spouse, children, grandchildren, parents, and grandparents of the person;
(ii) in the case of a partnership or member of a partnership, sales attributable to the partnership and other partners of the partnership;
(iii) in the case of an individual or a partnership, sales attributable to any corporation or other entity in which the individual or partnership owns more than 50 percent of the stock or (if the entity is not a corporation) that the individual or partnership controls; and
(iv) in the case of a corporation, sales attributable to any corporate subsidiary or other corporation or entity in which the corporation owns more than 50 percent of the stock or (if the entity is not a corporation) that the corporation controls.
(B) Stock and ownership interest
For the purpose of this paragraph, stock or an ownership interest in an entity that is owned by the spouse, children, grandchildren, parents, grandparents, or partners of an individual, or by a partnership in which a person is a partner, or by a corporation more than 50 percent of the stock of which is owned by a person, shall be treated as owned by the individual or person.
(3) Reports
For the purpose of this subsection, the order may require a person who sells cut flowers or cut greens to retailers to submit reports to the PromoFlor Council on annual sales by the person.
(Pub. L. 103–190, § 6, Dec. 14, 1993, 107 Stat. 2283.)
7 U.S.C. § 6807 (AGRICULTURE)
§ 6807. Petition and review
(a) Petition and hearing
(1) Petition
A person subject to an order may file with the Secretary a petition—
(A) stating that the order, any provision of the order, or any obligation imposed in connection with the order is not in accordance with law; and
(B) requesting a modification of the order or an exemption from the order.
(2) Hearing
The petitioner shall be given the opportunity for a hearing on a petition filed under paragraph (1), in accordance with regulations issued by the Secretary. Any such hearing shall be conducted in accordance with section 6809(b)(2) of this title and be held within the United States judicial district in which the residence or principal place of business of the person is located.
(3) Ruling
After a hearing under paragraph (2), the Secretary shall make a ruling on the petition, which shall be final if in accordance with law.
(b) Review
(1) Commencement of action
The district courts of the United States in any district in which a person who is a petitioner under subsection (a) of this section resides or conducts business shall have jurisdiction to review the ruling of the Secretary on the petition of the person, if a complaint requesting the review is filed not later than 20 days after the date of the entry of the ruling by the Secretary.
(2) Process
Service of process in proceedings under this subsection shall be conducted in accordance with the Federal Rules of Civil Procedure.
(3) Remand
If the court in a proceeding under this subsection determines that the ruling of the Secretary on the petition of the person is not in accordance with law, the court shall remand the matter to the Secretary with directions—
(A) to make such ruling as the court shall determine to be in accordance with law; or
(B) to take such further action as, in the opinion of the court, the law requires.
(c) Enforcement
The pendency of proceedings instituted under this section shall not impede, hinder, or delay the Attorney General or the Secretary from obtaining relief under section 6808 of this title.
(Pub. L. 103–190, § 8, Dec. 14, 1993, 107 Stat. 2285.)
heading: References in Text
text: The Federal Rules of Civil Procedure, referred to in subsec. (b)(2), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
7 U.S.C. § 6809 (AGRICULTURE)
§ 6809. Investigations and power to subpoena
(a) Investigations
The Secretary may make such investigations as the Secretary considers necessary for the effective administration of this chapter, or to determine whether any person has engaged or is engaging in any act that constitutes a violation of this chapter or any order or regulation issued under this chapter.
(b) Subpoenas, oaths, and affirmations
(1) Investigations
For the purpose of making an investigation under subsection (a) of this section, the Secretary may administer oaths and affirmations, and issue subpoenas to require the production of any records that are relevant to the inquiry. The production of the records may be required from any place in the United States.
(2) Administrative hearings
For the purpose of an administrative hearing held under section 6807(a)(2) or 6808(c)(3) of this title, the presiding officer may administer oaths and affirmations, subpoena witnesses, compel the attendance of witnesses, take evidence, and require the production of any records that are relevant to the inquiry. The attendance of witnesses and the production of the records may be required from any place in the United States.
(c) Aid of courts
(1) In general
In the case of contumacy by, or refusal to obey a subpoena issued under subsection (b) of this section to, any person, the Secretary may invoke the aid of any court of the United States within the jurisdiction of which the investigation or proceeding is conducted, or where the person resides or conducts business, in order to enforce a subpoena issued under subsection (b) of this section.
(2) Order
The court may issue an order requiring the person referred to in paragraph (1) to comply with a subpoena referred to in paragraph (1).
(3) Failure to obey
Any failure to obey the order of the court may be punished by the court as a contempt of court.
(4) Process
Process in any proceeding under this subsection may be served in the United States judicial district in which the person being proceeded against resides or conducts business or wherever the person may be found.
(Pub. L. 103–190, § 10, Dec. 14, 1993, 107 Stat. 2288.)