Food, Conservation, and Energy Act of 2008

Bill: 110-hr-6124
Sponsor: Rep. Peterson, Collin C. [D-MN-7]
Introduced: 2008-05-22 in the House
Policy area: Agriculture and Food
Subjects: Acreage allotments
Administrative procedure
Africa (Sub-Saharan)
Agricultural assistance
Agricultural conservation
Agricultural cooperatives
Agricultural credit
Agricultural estimating and reporting
Agricultural innovations
Agricultural labor
Agricultural pollution
Agricultural prices
Agricultural research
Agricultural statistics
Agricultural subsidies
Agricultural surpluses
Agriculture in foreign trade
Air pollution control
Alaska
Alternative energy sources
American Samoa
Animals
Appropriations
Armed Forces and National Security
Arts, Culture, Religion
Authorization
Biomass energy
Block grants
Caribbean area
Chesapeake Bay
Child health
Child labor
Child nutrition
Civil Rights and Liberties, Minority Issues
Colorado River development
Commemorations
Commerce
Community development
Congress
Congressional oversight
Congressional reporting requirements
Conservation easements
Corn
Cotton
Crop insurance
Dairy industry
Dairy products
Dams
Day care
Death
Department of Agriculture
Developing countries
Diet
Disabled
Disaster loans
Disaster relief
Distance education
District of Columbia
Economics and Public Finance
Education
Education of the disadvantaged
Electric power transmission
Electric utilities
Electronic benefits transfers
Elementary and secondary education
Emergency Management
Emergency medicine
Energy
Energy conservation
Energy crops
Energy efficiency
Entrepreneurs
Environmental Protection
Estates (Law)
Export finance
Exports
Families
Famines
Farm lands
Farmers
Farms
Federal aid to research
Federally-guaranteed loans
Feed grains
Finance and Financial Sector
Fines (Penalties)
Fire fighters
Fishing
Food relief
Food safety
Food stamps
Food supply
Forced labor
Foreign Trade and International Finance
Foreign trade promotion
Forest conservation
Forestry
Foundations
Free trade
Fruit
Futures trading
Gardening
Government Operations and Politics
Government lending
Government paperwork
Government publicity
Grain
Grassland ecology
Grazing
Great Lakes
Great Plains
Grocery trade
Guam
Habitat conservation
Haiti
Hawaii
Higher education
Homeless
Honey
Horses
Horticulture
Housing and Community Development
Housing subsidies
Human rights
Hunger
Hunting
Illinois
Import restrictions
Imports
Indemnity
Indiana
Information technology
Infrastructure
Insurance premiums
Interest rates
International Affairs
International agencies
International relief
Iowa
Irrigation
Labor and Employment
Lakes
Latin America
Law
Leadership
Leases
Legumes
Libraries
Livestock
Losses
Louisiana
Lumber trade
Malawi
Marketing of farm produce
Marketing orders
Maryland
Meat
Medical education
Mexico
Michigan
Migrant labor
Military pay
Milk
Minnesota
Minorities
Minority business enterprises
Mississippi
Mississippi River
Missouri
Montana
Names
Native Americans
Nonprofit organizations
North Dakota
Nutrition
Nuts
Obesity
Ohio
Oilseeds
Old age, survivors and disability insurance
Organic farming
Outdoor recreation
Peanuts
Plant breeding
Public Lands and Natural Resources
Puerto Rico
Radio broadcasting
Regional economic development
Research and development facilities
Research centers
Rice
Right of privacy
Rural economic development
Rural health
Sales tax
Saline waters
Scholarships
School lunch program
Science, Technology, Communications
Seasonal labor
Sediment control
Small business
Social Welfare
Social security numbers
Soil conservation
Soil erosion
Sorghum
South Dakota
Soybeans
Sports and Recreation
State taxation
Storage
Sugar
Surveys
Sustainable agriculture
Tariff
Tariff preferences
Taxation
Technical assistance
Technology transfer
Telemedicine
Telephone
Trade agreements
Transportation and Public Works
Transportation planning
Trees
Urban affairs
Urban areas
Vegetables
Virgin Islands
Waste water treatment
Water Resources Development
Water conservation
Water pollution control
Water quality
Water supply
Water treatment plants
Watersheds
Weather forecasting
Welfare eligibility
Welfare work participation
Wetlands
Wheat
Wildlife conservation
Wind power
Wisconsin
Women
Women in government
Wool

Summary:
action_date: 2008-05-22
text: 
Food, Conservation, and Energy Act of 2008 - Provides for the continuation of agricultural and other programs of the Department of Agriculture through FY2012.

Revises agricultural and related programs, including provisions respecting: (1) commodity programs; (2) conservation; (3) trade; (4) nutrition; (5) credit; (6) rural development; (7) research and related matters; (8) forestry; (9) energy; (10) horticulture and organic agriculture; (11) livestock; (12) crop insurance and disaster assistance; (13) socially disadvantaged and limited resource producers; and (14) miscellaneous programs.

Directs the President to establish and maintain an importer declaration program with respect to the importation of softwood lumber and softwood lumber products.

Establishes the Bill Emerson National Hunger Fellowship Program and the Mickey Leland International Hunger Fellowship Program.

Housing Assistance Council Authorization Act of 2008 - Amends provisions respecting the Housing Assistance Council.

Small Business Disaster Response and Loan Improvements Act of 2008 - Amends provisions respecting small business disaster assistance.

CFTC Reauthorization Act of 2008 - Amends provisions respecting commodity futures. 

Agricultural Security Improvement Act of 2008 - Amends provisions respecting agricultural security.

Heartland, Habitat, Harvest, and Horticulture Act of 2008 - Amends provisions respecting trade, energy, tax, and Social Security.

Haitian Hemispheric Opportunity through Partnership Encouragement Act of 2008 or the HOPE II Act - Amends provisions respecting trade benefits for Haiti.

action_date: 2008-06-18
text: 
Food, Conservation, and Energy Act of 2008 - (Sec. 3) Deems the Joint Explanatory Statement submitted by the Committee of Conference for the conference report to accompany H.R. 2419 of the 110th Congress (House Report 110-627) to be part of the legislative history of this Act and to have the same effect regarding implementation of this Act as it would have had regarding implementation of H.R. 2419. 
 
(Sec. 4) Repeals P.L. 110-234 (H.R. 2419) and the amendments made by that Act, effective on the date of enactment of that Act. 

States that, except as otherwise provided in this Act, this Act and the amendments made by this Act shall take effect on the earlier of: (1) the date of enactment of this Act; or (2) the date of enactment of P.L. 110-234 (H.R. 2419).

Title I: Commodity Programs - 
(Sec. 1001) Defines specified terms.

Subtitle A: Direct Payments and Counter-Cyclical Payments - 
(Sec. 1101) Directs the Secretary of Agriculture (Secretary) to adjust base acres for covered commodities for a farm whenever: (1) a conservation reserve contract expires or is voluntarily terminated; (2) cropland is released from coverage under a conservation reserve contract; or (3) the producer has eligible pulse crop or oilseed acreage. 

Requires election of either direct payments and counter-cyclical payments or conservation payments if the base adjustment is made due to a change in status of a conservation reserve contract.

Requires a reduction in base acres if the sum of base acres and other specified acreage exceeds the actual cropland acreage on the farm. 

Allows an owner to permanently reduce farm base acres at any time.

Prohibits a producer from receiving direct payments, counter-cyclical payments, or average crop revenue election payments if a farm's base acreage is 10 acres or less unless the farm is owned by a socially disadvantaged or limited resource farmer or rancher. 

(Sec. 1102) Provides for the establishment of a payment yield for any designated oilseed or eligible pulse crop for direct payment and counter-cyclical payment purposes.

(Sec. 1103) Establishes 2008-2012 payment rates as follows: (1) wheat, $0.52 per bushel; (2) corn, $0.28 per bushel; (3) grain sorghum, $0.35 per bushel; (4) barley, $0.24 per bushel; (5) oats, $0.024 per bushel; (6) upland cotton, $0.0667 per pound; (7) long grain rice, $2.35 per hundredweight; (8) medium grain rice, $2.35 per hundredweight; (9) soybeans, $0.44 per bushel; and (10) other oilseeds, $0.80 per hundredweight. 

Specifies a covered commodity's payment amount as the product of the payment rate, payment acres, and payment yield.

Requires that direct payments shall be made not before October 1 of the calendar year in which the crop is harvested for each of the 2008-2012 crop years. 

Authorizes advance direct payments of up to 22% of the direct payments at the option of the producer for each of the 2008-2011 crop years. Requires repayment under certain circumstances. 

(Sec. 1104) Requires that counter-cyclical payments for covered commodities be made for each of the 2008-2012 crop years if the commodity's effective price is less than its target price. Sets forth effective price provisions for rice and other commodities.

 Establishes 2008 target prices as follows: (1) wheat, $3.92 per bushel; (2) corn, $2.63 per bushel; (3) grain sorghum, $2.57 per bushel; (4) barley, $2.24 per bushel; (5) oats, $1.44 per bushel; (6) upland cotton, $0.7125 per pound; (7) long grain rice, $10.50 per hundredweight; (8) medium grain rice, $10.50 per hundredweight; (9) soybeans, $5.80 per bushel; and (10) other oilseeds, $10.10 per hundredweight. 

Establishes 2009 target prices as follows: (1) wheat, $3.92 per bushel; (2) corn, $2.63 per bushel; (3) grain sorghum, $2.57 per bushel; (4) barley, $2.24 per bushel; (5) oats, $1.44 per bushel; (6) upland cotton, $0.7125 per pound; (7) long grain rice, $10.50 per hundredweight; (8) medium grain rice, $10.50 per hundredweight; (9) soybeans, $5.80 per bushel; (10) other oilseeds, $10.10 per hundredweight; (11) dry peas, $8.32 per hundredweight; (12) lentils, $12.81 per hundredweight; (13) small chickpeas, $10.36 per hundredweight; and (14) large chickpeas, $12.81 per hundredweight.

Establishes 2010-2012 target prices as follows: (1) wheat, $4.17 per bushel; (2) corn, $2.63 per bushel; (3) grain sorghum, $2.63 per bushel; (4) barley, $2.63 per bushel; (5) oats, $1.79 per bushel; (6) upland cotton, $0.7125 per pound; (7) long grain rice, $10.50 per hundredweight; (8) medium grain rice, $10.50 per hundredweight; (9) soybeans, $6.00 per bushel; (10) other oilseeds, $12.68 per hundredweight; (11) dry peas, $8.32 per hundredweight; (12) lentils, $12.81 per hundredweight; (13) small chickpeas, $10.36 per hundredweight; and (14) large chickpeas, $12.81 per hundredweight.

Specifies a covered commodity's counter-cyclical payment amount as the product of the payment rate, payment acres, and payment yield.

Requires that payments be made beginning October 1, or as soon as practicable thereafter, after the end of the covered commodity's marketing year. 

 Authorizes: (1) partial payments for the 2008-2010 crops of up to 40% of the projected counter-cyclical payment after completion of the first 180 days of the covered commodity's marketing year; and (2) producers to elect to receive partial payments at any time but not later than 60 days prior to the end of the marketing year. Requires repayment under certain circumstances. 

(Sec. 1105) Establishes as an alternative to receiving counter-cyclical payments the average crop revenue election (ACRE) program under which an electing covered commodity or peanut producer will forgo 20% of the direct payment rate and 30% of the marketing assistance loan rates for the 2009-2012 crop years in exchange for ACRE payments.

Provides that: (1) ACRE participants will be eligible for state-based coverage with a revenue guarantee equal to 90% of the five-year state average yield per planted acre times the two-year national average price for a covered commodity; (2) the guarantee cannot vary by more than 10% from the previous year's guarantee; (3) if the actual state revenue is less than the revenue guarantee for a producer suffering a farm loss such producer will receive an ACRE payment equal to the difference between the revenue guarantee and the actual revenue of up to 25% of the revenue guarantee; and (4) ACRE payments shall be made on 83.3% of the acreage planted or considered planted for the 2009-2011 crop years, and on and 85% for crop year 2012.

(Sec. 1106) Requires producer compliance with specified conservation-related requirements in order to qualify for direct, counter-cyclical, or ACRE payments.

(Sec. 1107) Provides for base acre crop flexibility with limitations for trees, perennial plants, fruits, vegetables (other than mung beans and pulse crops), and wild rice in areas without planting histories of such crops.

 Directs the Secretary to carry out a pilot project for crop years 2009-2012 to permit the planting of cucumbers, green peas, lima beans, pumpkins, snap beans, sweet corn, and tomatoes in Illinois, Indiana, Iowa, Michigan, Minnesota, Ohio, and Wisconsin.

(Sec. 1108) Apportions long grain and medium grain rice counter-cyclical payment base acres on a specific time period. 

(Sec. 1109) States that this subtitle shall be effective for crop years 2008-2012.

Subtitle B: Marketing Assistance Loans and Deficiency Payments
 - (Sec. 1201) Directs the Secretary to make nonrecourse marketing assistance loans available for crop years 2008-2012 for each loan commodity. Requires producer compliance with conservation and wetlands requirements as a condition of loan receipt. 

(Sec. 1202) Establishes 2008 loan rates as follows: (1) wheat, $2.75 per bushel; (2) corn, $1.95 per bushel; (3) grain sorghum, $1.95 per bushel; (4) barley, $1.85 per bushel; (5) oats, $1.33 per bushel; (6) upland cotton, $0.52 per pound; (7) extra long staple cotton, $0.7977 per pound; (8) long grain rice, $6.50 per hundredweight; (9) medium grain rice, $6.50 per hundredweight; (10) soybeans, $5.00 per bushel; (11) sunflower seed, rapeseed, canola, safflower, flaxseed, mustard seed, crambe, sesame seed, and other oilseeds, $9.30 per hundredweight; (12) dry peas, $6.22 per hundredweight; (13) lentils, $11.72 per hundredweight; (14) small chickpeas, $7.43 per hundredweight; (15) graded wool, $1.00 per pound; (16) nongraded wool, $0.40 per pound; (17) mohair, $4.20 per pound; and (18) honey, $0.60 per pound. 

Establishes 2009 loan rates as follows: (1) wheat, $2.75 per bushel; (2) corn, $1.95 per bushel; (3) grain sorghum, $1.95 per bushel; (4) barley, $1.85 per bushel; (5) oats, $1.33 per bushel; (6) upland cotton, $0.52 per pound; (7) extra long staple cotton, $0.7977 per pound; (8) long grain rice, $6.50 per hundredweight; (9) medium grain rice, $6.50 per hundredweight; (10) soybeans, $5.00 per bushel; (11) sunflower seed, rapeseed, canola, safflower, flaxseed, mustard seed, crambe, sesame seed, and other oilseeds, $9.30 per hundredweight; (12) dry peas, $5.40 per hundredweight; (13) lentils, $11.28 per hundredweight; (14) small chickpeas, $7.43 per hundredweight; (15) large chickpeas, $11.28 per hundredweight; (16) graded wool, $1.00 per pound; (17) nongraded wool, $0.40 per pound; (18) mohair, $4.20 per pound; and (19) honey, $0.60 per pound.

Establishes 2010-2012 loan rates as follows: (1) wheat, $2.94 per bushel; (2) corn, $1.95 per bushel; (3) grain sorghum, $1.95 per bushel; (4) barley, $1.95 per bushel; (5) oats, $1.39 per bushel; (6) upland cotton, $0.52 per pound; (7) extra long staple cotton, $0.7977 per pound; (8) long grain rice, $6.50 per hundredweight; (9) medium grain rice, $6.50 per hundredweight; (10) soybeans, $5.00 per bushel; (11) sunflower seed, rapeseed, canola, safflower, flaxseed, mustard seed, crambe, sesame seed, and other oilseeds, $10.09 per hundredweight; (12) dry peas, $5.40 per hundredweight; (13) lentils, $11.28 per hundredweight; (14) small chickpeas, $7.43 per hundredweight; (15) large chickpeas, $11.28 per hundredweight; (16) graded wool, $1.15 per pound; (17) nongraded wool, $0.40 per pound; (18) mohair, $4.20 per pound, and honey, $0.69 per pound. 

Directs the Secretary to establish a single county loan rate for each kind of other oilseed. 

(Sec. 1203) States that a marketing assistance loan shall have a nine-month non-extendable term.

(Sec. 1204) Sets forth loan provisions for: (1) loan commodities (other than upland cotton, long grain rice, medium grain rice, extra long staple cotton, and confectionery and each other kind of sunflower seed [other than oil sunflower seed]); (2) upland cotton, long grain rice, and medium grain rice; (3) extra long staple cotton; and (4) confectionery and other kinds of sunflower seeds.

Directs the Secretary to prescribe formulas to determine the prevailing world market price for upland cotton, long grain rice, and medium grain rice.

Provides for adjustment of prevailing world market prices for upland cotton.

Extends cotton storage payments.

Authorizes temporary repayment rate adjustments.

(Sec. 1205) Authorizes the Secretary to make loan deficiency payments to producers who: (1) agree to forgo obtaining a marketing loan for an eligible commodity; and (2) produce unshorn pelts or hay or silage derived from a loan commodity for crop years 2008-2012. 

Sets forth payment rates.

Excludes extra long staple cotton from the provisions of this section.

(Sec. 1206) Directs the Secretary to make payments in lieu of deficiency payments to producers electing to use wheat, barley, oat, or triticale acreage for livestock grazing for crop years 2008-2012.

Makes such acreage ineligible for crop insurance indemnity or noninsured crop assistance coverage.

(Sec. 1207) Provides for special import quotas through July 31, 2013, and limited global import quotas for upland cotton based upon specified price conditions.

Directs the Secretary to provide monthly adjustment assistance ($.04 per pound from August 1, 2008-July 31, 2012; $.03 per pound beginning on August 1, 2012) to domestic users of upland cotton during the previous monthly period regardless of such cotton's origin. Requires that such assistance be used for acquisition, construction, installation, modernization, conversion, or expansion of land, plant, buildings, equipment, facilities, or machinery. 

(Sec. 1208) Directs the Secretary, through July 31, 2013, to make payments to domestic users and exporters of U.S.-produced extra long staple cotton to expand such cotton's domestic use and exports.

(Sec. 1209) Makes recourse loans available for crop years 2008-2012 for: (1) high moisture feed grains (corn and grain sorghum with high moisture content); and (2) seed cotton.

(Sec. 1210) Authorizes the Secretary to make loan rate adjustments for: (1) any loan commodity (other than cotton) for differences in grade, type, quality, and location; (2) cotton for differences in quality; (3) corn and grain sorghum for grade, type, and quality; and (4) long grain rice and medium grain rice, except for differences in grade and quality.

Subtitle C: Peanuts
 - (Sec. 1301) Defines specified terms.

(Sec. 1302) Directs the Secretary to adjust the base acres of peanuts whenever: (1) a conservation reserve contract expires or is voluntarily terminated; (2) cropland is released from coverage under a conservation reserve contract; (3) the producer has eligible pulse crop or carmelina acreage; or (4) the producer has certain additional oilseed acreage.

Directs the Secretary, with an exception for double-cropped acreage, to reduce the peanut base acreage or other commodity acreage when the sum of a farm's base acres for peanuts and other acreage (as defined in this section) exceeds the farm's cropland acreage.

Authorizes a farm's owner to permanently reduce the peanut base acreage at any time.

Prohibits a producer from receiving direct, counter-cyclical, or ACRE payments if the sum of the farm's base acreage is 10 acres or less unless the farm is owned by a socially disadvantaged or limited resource farmer or rancher. 

(Sec. 1303) Directs the Secretary to make direct payments of $36 per ton for peanuts for crop years 2008-2012 on farms with an established payment yield and base acres. Sets forth provisions respecting payment rate, payment amount, and time for payment, including advance payments.

(Sec. 1304) Directs the Secretary to make counter-cyclical payments for peanuts for crop years 2008-2012 on farms with an established payment yield and base acres if the effective peanut price is less than the target peanut price. Establishes the peanut target price at $495 per ton.

Sets forth provisions respecting: (1) effective price; (2) payment rate; (3) payment amount; and (4) time for payment, including partial payments.

(Sec. 1305) Requires producers to comply with specified conservation, wetland, planting flexibility, and agricultural use provisions.

Terminates payments, with an exception for death or inability to receive payments, for acreage transferred or subject to a change in interest unless the transferee agrees to assume all obligations.

Directs the Secretary to protect the interests of tenants and sharecroppers.

(Sec. 1306) Permits planting flexibility on peanut acres, with exceptions for fruits, vegetables (other than mung beans and pulse crops), and wild rice. Prohibits planting of trees and perennials on base acres. Exempts from such limitations: (1) a region with a history of double-cropping peanuts with fruits, vegetables, or wild rice; or (2) a farm or a producer that has a history of planting such commodities. 

(Sec. 1307) Directs the Secretary to make nine-month nonrecourse marketing loans available to peanut producers at $355 per ton for crop years 2008-2012. Prohibits loan extensions.

Permits a producer to obtain marketing assistance loan and loan deficiency payments through an approved marketing cooperative or the Farm Service Agency (FSA).

Provides for Department of Agriculture (Department) repayment of handling and associated costs for peanuts placed under loan upon redemption. 

Authorizes: (1) loan deficiency payments for producers that are eligible for but forgo such loans; and (2) temporary repayment adjustments.

Requires compliance with conservation and wetlands provisions.

(Sec. 1308) Authorizes the Secretary to adjust peanut loan rates for differences in grade, type, quality, location, and other factors. 

Prohibits any adjustment resulting in an increase in the national average loan rate. 

Subtitle D: Sugar 
- (Sec. 1401) Amends the Federal Agriculture Improvement and Reform Act of 1996 to direct the Secretary to make nonrecourse loans to processors of domestically grown sugarcane at: (1) 18.00 cents per pound for the 2008 crop year; (2) 18.25 cents per pound for the 2009 crop year; (3) 18.50 cents per pound for the 2010 crop year; and (4) 18.75 cents per pound for the 2011 and 2012 crop years. 

Directs the Secretary to make nonrecourse loans to processors of domestically grown sugar beets that is equal to: (1) 22.9 cents per pound for refined beet sugar for the 2008 crop year; and (2) a rate that is equal to 128.5% of the loan rate per pound of raw cane sugar for each of crop years 2009-2012.

States that such loans shall mature at the earlier of nine months or the end of the fiscal year.

Authorizes supplemental loans to be made in the last three months of a fiscal year for a second loan in the subsequent fiscal year.

Directs the Secretary to make nonrecourse loans to processors of a crop of domestically grown sugarcane and sugar beets for in-process sugars and syrups at a rate of 80% of the raw cane sugar or refined beet sugar loan rate.

Eliminates the Secretary's authority to adjust loan rates based upon competing countries' subsidy reductions.

Requires that processor loan recipients make adequate assurances that payments to growers will be proportional to loan values. Authorizes the Secretary to set minimum payment amounts. 

Directs the Secretary to operate the sugar program at no cost to the federal government by avoiding forfeiture of sugar to the Commodity Credit Corporation (CCC). Provides that if a producer agrees to reduce production of sugar beets or sugarcane already planted such sugar beets or sugarcane may not be used for any commercial purpose other than as a bioenergy feedstock. 

Subjects to reporting requirements certain: (1) sugar, molasses, and syrup importers; (2) sugarcane and sugar beet processors; and (3) cane sugar refiners.

Directs the Secretary to collect information on: (1) the production, consumption, and trade of sugar in Mexico, including U.S. sugar exports to Mexico; and (2) Mexican production, consumption, and trade of high fructose corn syrups, including U.S. exports of high fructose corn syrups to Mexico. 

 States that all refined sugars, whether from beets or cane, are substitutable for purposes of the refined sugar and sugar-containing products re-export programs.

(Sec. 1402) Directs the Secretary to work with the Secretary of State to restore U.S. membership in the International Sugar Organization. 

(Sec. 1403) Amends the Agricultural Adjustment Act of 1938 to direct the Secretary to make sugarcane and sugar beet quantity estimates for each of crop years 2008-2012 for: (1) human consumption; (2) carryover stocks; (3) carry-in stocks; (4) domestic processing; and (5) imports. 

Exempts from such estimates: (1) sugar imported for the production of polyhydric alcohol; or (2) sugar refined and reexported in refined form or in products containing sugar.

Provides that for each of crop years 2008-2012 sugar marketing allotments for processors of sugar cane or sugar beets shall be at a level: (1) to ensure that raw and refined sugar prices exceed loan forfeiture levels; and (2) with a minimum of at least 85% of the estimated sugar quantity for domestic human consumption. Authorizes the inclusion in such allotments of sugar products whose majority content is sucrose.

Excludes from such allotments sugar sold: (1) for export; (2) for non-human domestic consumption, except for production of ethanol or other bioenergy under the feedstock flexibility program; and (3) to another processor to fulfill an allocation.

Prohibits a sugar beet or sugarcane processor from marketing for domestic human consumption sugar in excess of such processor's allocation, except to: (1) enable another processor to fulfill an allocation; or (2) facilitate sugar exports. Provides a civil penalty for knowing violations of such prohibition.

Directs the Secretary to establish the overall quantity of sugar to be allocated for a crop year at a level: (1) to ensure that raw and refined sugar prices exceed loan forfeiture levels; and (2) with a minimum of at least 85% of the estimated sugar quantity for domestic human consumption.

Sets forth provisions respecting: (1) allotment adjustment; (2) allocation assignment in the sale of sugar beet processor factories; and (3) allocation for new entrants opening a new factory or reopening or acquiring an existing factory. 

Directs the Secretary to establish the tariff-rate quotas for raw cane sugar and refined sugars (other than specialty sugars) at the minimum necessary to comply with congressionally-approved international trade agreements. Sets forth adjustment provisions.

Eliminates imported sugar quota reallocation provisions. 

(Sec. 1404) Eliminates the storage facility loan prepayment penalty.

(Sec. 1405) Directs CCC to establish forfeited sugar storage rates: (1) for each of crop years 2008-2011, not less than 15 cents per hundredweight per month for refined sugar, and not less than 10 cents per hundredweight per month for raw cane sugar; and (2) for each of the 2012 and subsequent crop years in the same manner as was used on the day before the date of enactment of this section.

Subtitle E: Dairy 
- (Sec. 1501) Directs the Secretary for 2008-2012 to support: (1) cheddar cheese in blocks at not less than $1.13 per pound; (2) cheddar cheese in barrels at not less than $1.10 per pound; (3) butter at not less than $1.05 per pound; and (4) nonfat dry milk at not less than $0.80 per pound.

Authorizes the Secretary to temporarily adjust prices to avoid excess inventories. Sets forth inventory-based reductions.

(Sec. 1502) Directs the Secretary to establish a program authorizing milk producers and cooperative producer associations to voluntarily enter into forward price contracts with milk handlers for federally regulated milk that is: (1) not Class I milk or otherwise intended for fluid use; and (2) in interstate or foreign milk commerce.

Provides that contracts may be entered into until September 30, 2012, but may not extend beyond September 30, 2015. 

(Sec. 1503) Amends the Food Security Act of 1985 to extend the dairy export incentive program through December 31, 2012.

(Sec. 1504) Amends the Agricultural Adjustment Act, reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, to revise specified federal marketing order amendment provisions.

(Sec. 1505) Amends the Food Security Act of 1985 to extend the dairy indemnity program through September 30, 2012. 

(Sec. 1506) Extends the milk income loss contract program through 2012.

Calculates payments by multiplying a producer's payment quantity by the amount equal to $16.94 per hundredweight, less the Class I milk price per hundredweight in Boston under the applicable federal milk marketing order by: (1) 34% for the period October 1, 2007-September 30, 2008; (2) 45% for the period October 1, 2008-August 31, 2012; and (3) 34% beginning on September 1, 2012.

States that the payment quantity shall be: (1) 2.4 million pounds for the period October 1, 2007-September 30, 2008; (2) 2.985 million pounds for the period October 1, 2008-August 31, 2012; and (3) 2.4 million pounds beginning on September 1, 2012.

(Sec. 1507) Amends the Dairy Production Stabilization Act of 1983 to extend funding authority for the National Dairy Promotion and Research Board through FY2012.

Amends the definition of &quot;United States&quot; to include Alaska, Hawaii, the District of Columbia, and the Commonwealth of Puerto Rico for each of the promotion and research programs.

Provides importers with an assessment refund for contracts in effect prior to enactment of this Act for a one-year period after the date of enactment of this Act.

(Sec. 1508) Directs the Secretary to report to the appropriate congressional committees regarding reporting procedures for nonfat dry milk. 

(Sec. 1509) Directs the Secretary to establish the Federal Milk Marketing Order Review Commission which shall evaluate: (1) the federal milk marketing order system; and (2) nonfederal milk marketing order systems.

Authorizes appropriations.

Terminates the Commission upon submission of a required report.

(Sec. 1510) Amends the Agricultural Marketing Act of 1946 to revise dairy product mandatory reporting provisions. 

Authorizes appropriations.

Subtitle F: Administration
 - (Sec. 1601) Directs the Secretary to: (1) use CCC funds, facilities, and authorities to carry out this title; (2) implement 2009 payment limitation and adjusted gross income provisions under this subtitle through promulgation of an interim rule; and (3) make expenditure adjustments if expenditures will exceed total allowable domestic support levels under the Uruguay Round Agreement.

(Sec. 1602) Extends through 2012: (1) specified suspensions of permanent price support authority for loan commodities, peanuts, sugar, and milk under the Agricultural Adjustment Act of 1938 and the Agricultural Act of 1949; and (2) a specified suspension of wheat and corn marketing quota provisions.

(Sec. 1603) Amends the Food Security Act of 1985 to extend and revise payment limitation provisions. 

Defines &quot;family member,&quot; &quot;legal entity,&quot; and &quot;person&quot; for payment limit purposes.

Limits crop year direct payments to a person or legal entity for covered commodities (other than peanuts) as follows: (1) for a non-ACRE participant, $40,000; and (2) for an ACRE participant, $40,000 less the direct payment reduction.

Limits covered commodity crop year counter-cyclical payments to $65,000 for a non-ACRE participant.

Limits crop year payments to a person or legal entity for covered commodities (other than peanuts) who receives counter-cyclical and ACRE payments to $65,000 plus the direct payment reduction.

Limits crop year direct payments to a person or legal entity for peanuts as follows: (1) for a non-ACRE participant, $40,000; and (2) for an ACRE participant, $40,000 plus the direct payment reduction.

Limits peanut crop year counter-cyclical payments to $65,000 for a non-ACRE participant.

Limits crop year payments to a person or legal entity for peanuts who receives counter-cyclical and ACRE payments to $65,000 plus the direct payment reduction.

Eliminates limitations on marketing loan benefits and loan deficiency payments.

Provide for direct payment attribution. Sets forth related provisions.

Repeals the &quot;three-entity rule.&quot; (Such provision permits producers to receive payments up to the full cap directly and up to half the full cap on each of up to two additional entities in which they have an ownership stake.)

Revises the Secretary's authority to deny benefits to individuals or entities that perpetuate program fraud. Increases ineligibility penalties for such violations. (Applies existing penalty provisions to the 2007-2008 crops.)

(Sec. 1604) Amends the Food Security Act of 1985 to extend and revise adjusted gross income limitation provisions through 2012.

Defines: (1) &quot;average adjusted gross income&quot;; and (2) &quot;average adjusted gross farm income.&quot;

Authorizes adjusted gross income allocation among individuals filing a joint return.

Provides that a person or legal entity shall be ineligible to receive: (1) specified farm program benefits during a crop, fiscal, or program year if the average adjusted gross nonfarm income of the person or legal entity exceeds $500,000; (2) direct payments under subtitle A or C of title I of this Act if the average adjusted gross farm income of the person or legal entity exceeds $750,000; and (3) specified conservation program benefits during a crop, fiscal, or program year if the average adjusted gross nonfarm income of the person or legal entity exceeds $1 million, unless not less than 66.66% of the average adjusted gross income is average adjusted gross farm income.

Sets forth income sources to be included in determining average gross farm income.

Requires that at least once every three years a person or legal entity provides the Secretary with a certification that average adjusted gross income, average adjusted gross farm income, and average adjusted gross nonfarm income do not exceed applicable limitations.

Directs the Secretary to deny program benefits to a person or legal entity that fails to comply with the provisions of this section.

States that: (1) this section shall apply during the 2009-2012 crop, program, or fiscal years; and (2) adjusted gross income limitations in effect on September 30, 2007, shall apply to 2007-2008 crop, fiscal, or program years. 

(Sec. 1605) Directs the Secretary to provide quality incentive payments for the production of oilseeds with specialized traits that enhance human health. 

Authorizes FY2009-FY2012 appropriations.

(Sec. 1606) Extends specified provisions regarding producer deficiency liability. 

(Sec. 1607) Extends specified provisions respecting loan administration authority through crop year 2009.

(Sec. 1608) Applies specified payment assignment provisions under the Soil Conservation and Domestic Allotment Act to payments made under this title.

Directs producers to notify the Secretary of payment assignments.

(Sec. 1609) Authorizes the Secretary to track benefits provided to individuals and entities under titles I and II of this Act.

(Sec. 1610) Amends the Agricultural Marketing Act to eliminate the prohibition on government publication of cotton price forecasts. 

(Sec. 1611) Directs the Secretary to: (1) issue regulations for the settlement of estates and to preclude payments on behalf of deceased individuals who were not eligible for payment; and (2) reconcile social security numbers of program participants with the Social Security Administration (SSA) at least twice annually.

(Sec. 1612) Directs The Secretary to establish a program to promote hard white wheat as a viable U.S. market class of wheat. 

Authorizes FY2009-FY2012 appropriations.

(Sec. 1613) Directs the Secretary to compensate producers of durum wheat for up to 50% of the cost of fungicides applied to control Fusarium head blight (wheat scab). 

Authorizes FY2009-FY2012 appropriations.

(Sec. 1614) Directs the Secretary to establish a storage facility loan program for eligible producers of grains, oilseeds, pulse crops, hay, renewable biomass, and other storable commodities (other than sugar). 

(Sec. 1615) Amends the Soil Conservation and Domestic Allotment Act with respect to state, county, and area committees.

(Sec. 1616) Directs the Secretary to collect commodity assessments from marketing assistance loans pursuant to state or federal authority. (Current law authorizes such collection.)

Prohibits fees for the collection of commodity assessments.

(Sec. 1617) Provides that if the Secretary approves a document the Secretary shall not subsequently determine that the document is inadequate or invalid because of the lack of authority of any person signing on behalf of the applicant, unless such person falsified the signature authority or the signature. 

(Sec. 1618) Directs the Secretary to submit a third-party FSA modernization report to the appropriate congressional committees. 

(Sec. 1619) Directs the Secretary to ensure the portability and standardization of the Department's geospatial data.

(Sec. 1620) Directs the Secretary to report to the appropriate congressional committees regarding office space leasing.

(Sec. 1621) Authorizes the Secretary to reimburse geographically disadvantaged farmers or ranchers (as defined by this section) for certain travel costs.

Authorizes FY2009-FY2012 appropriations.

(Sec. 1622) Directs the Secretary to make specified funds available to FSA to carry out this title.

(Sec. 1623) Amends the Farm Security and Rural Investment Act of 2002 to repeal provisions: (1) establishing the Commission on Application of Payment Limitations; and (2) authorizing market loss assistance and certain emergency assistance to persons who failed to receive assistance under earlier authorities.

Title II: Conservation - Subtitle A: Definitions and Highly Erodible Land and Water Conservation - 
 (Sec. 2001) Amends the Food Security Act of 1985 to define specified terms.

(Sec. 2002) Amends provisions regarding good faith determinations of highly erodible land compliance violations to provide for: (1) graduated penalties; and (2) second level review of compliance violations by the FSA state executive director or district director.

(Sec. 2003) Provides for second level review of good faith wetlands compliance violations by the FSA state executive director or district director.

Subtitle B: Conservation Reserve Program
 - (Sec. 2101) Amends the Food Security Act of 1985 to extend the conservation reserve program (CRP) through FY2012. 

(Sec. 2103) Extends current CRP maximum acreage enrollment levels (39.2 million acres) through FY2009. Sets FY2010-FY2012 levels at 32 million acres.

(Sec. 2104) Expands the Chesapeake Bay Priority Area.

(Sec. 2105) Considers alfalfa grown as part of a rotation practice as a commodity for cropping history purposes.

(Sec. 2106) Directs the Secretary to carry out a CRP pilot program to enroll wetland and buffer acreage through FY2012. Sets forth program provisions.

(Sec. 2107) Requires that CRP contract holders manage the land to implement conservation measures throughout the term of the contract. 

(Sec. 2108) Prohibits harvesting, grazing, or commercial use of the forage on CRP land except that the Secretary may permit (and reduce rental payments): (1) managed harvesting, including biomass harvesting; (2) harvesting, grazing, or commercial use in response to drought or other emergency; (3) grazing for the control of invasive species; and (4) wind turbine installation.

(Sec. 2109) Authorizes CRP cost sharing payments relating to trees, windbreaks, shelterbelts, and wildlife corridors for necessary tree thinning.

(Sec. 2110) Directs the Secretary to provide new CRP enrollment priority to local residents if the offer provides equivalent conservation benefits when compared to other offers.

(Sec. 2111) Authorizes the Secretary to modify a CRP contract to facilitate the transition of CRP land from a retiring owner to a beginning or socially disadvantaged farmer or rancher (covered farmer or rancher). 

Provides that such transition plan shall: (1) permit a covered farmer or rancher to make land improvements and to begin the organic certification process one year before the CRP contract expires; (2) require the retiring landowner to sell or lease the CRP land to the covered farmer or rancher for production purposes; (3) require a conservation plan; (4) permit the covered the farmer or rancher to enroll in the conservation stewardship or the environmental quality incentives programs upon taking ownership of the land; and (5) provide CRP payments to the retiring owner for an additional two years after the contract terminates. 

Provides a covered farmer or rancher with an option to reenroll a partial field conservation practice that is eligible for continuous sign-up and is part of a conservation plan. 

Subtitle C: Wetlands Reserve Program 
- (Sec. 2201) Amends the Food Security Act of 1985 to state that the purposes of the wetlands reserve program are to restore, protect, or enhance eligible wetlands on private or tribal lands. 

(Sec. 2202) Increases maximum program acreage to 3,041,200 acres.

Directs the Secretary to enroll tribal-owned acreage into the program through 30-year contracts, restoration cost-share agreements, or a combination of the two options.

(Sec. 2203) Extends the program through FY2012 (changes from a calendar year to a fiscal year basis).

Makes cropland or grassland that was used for agricultural production prior to certain natural flooding eligible for program enrollment.

Increases to seven years the period during which land changing ownership is ineligible for program participation except under specified circumstances.

Directs the Secretary to conduct a survey beginning with FY2008 to determine allocations for the Prairie Pothole Region to enroll cropland or grassland.

(Sec. 2204) Permits spraying on program land in order to meet wildlife habitat needs.

(Sec. 2205) Revises conservation easement compensation provisions. 

(Sec. 2206) Authorizes the Secretary to enter into one or more agreements with a state (including a political subdivision), nongovernmental organization, or Indian tribe to carry out a special wetlands reserve enhancement program which shall include a reserved grazing rights pilot program.

Terminates such pilot program on September 30, 2012.

(Sec. 2207) Revises the Secretary's program duties.

(Sec. 2208) Excludes 30-year contracts from annual program payment limitations and includes legal entities within such limitation.

(Sec. 2209) Eliminates the payment limitation exception for state wetland and environmental enhancement agreements. 

(Sec. 2210) Directs the Secretary to report to the appropriate congressional committees regarding the long-term implications of conservation easements on Department resources.

Subtitle D: Conservation Stewardship Program 
- (Sec. 2301) Amends the Food Security Act of 1985 to direct the Secretary to establish a comprehensive stewardship incentives program (consisting of the conservation stewardship and the environmental quality incentives programs) for FY2009-FY2012 to encourage producers to maintain existing, and undertake additional, conservation activities. 

Sets forth eligible land categories as follows: (1) private agricultural land; (2) tribal agricultural land; (3) forested land incidental to agricultural operations; and (4) not more that 10% of nonindustrial private forest land. Excludes: (1) land enrolled in the CRP, or the wetlands or grassland reserve programs; and (2) land in crop production that was not used as cropland for four of the six years preceding enactment of this Act, with specified exceptions. 

Sets forth contract provisions, including renewable five-year contract terms. Permits contract termination by the Secretary or by the producer with the Secretary's consent.

Provides for program outreach to specialty crop and organic producers. 

Authorizes: (1) on-farm research and demonstration projects; and (2) pilot testing of new technologies.

Sets forth acreage, state acreage allocation, and payment provisions. 

Requires that participating producers adopt resource-conserving crop rotations.

 Provides producers who adopt a beneficial crop rotation with supplemental payments.

Provides for maximum producer payments of $200,000 for any five-year period, excluding funding arrangements with federally recognized Indian tribes or Alaska Native corporations.

Terminates conservation security program contract authority after September 30, 2008, with specified exceptions.

Subtitle E: Farmland Protection and Grassland Reserve 
- (Sec. 2401) Amends the Food Security Act of 1985 to revise the farmland protection program.

States that the purpose of the farmland protection program is to protect the agricultural use and related conservation values of eligible land by limiting nonagricultural uses of that land. (Current law refers to the protection of topsoil by limiting nonagricultural land use.)

Revises the definitions of &quot;eligible entity&quot; and &quot;eligible land.&quot;

Provides with respect to a conservation easement that: (1) an eligible entity provide at least 25% of cost-sharing expenses; and (2) the easement contains a contingent right of enforcement for the Secretary.

Sets forth certification criteria for eligible entities.

(Sec. 2402) Extends the farm viability program through FY2012.

(Sec. 2403) Revises the grassland reserve program. 

Revises the definition of &quot;eligible land.&quot;

Extends enrollment authority through 2012.

Eliminates 30-year easements and rental agreements.

Gives enrollment priority to former CRP land that is of high ecological value and under significant threat of conversion. Limits such transfers to not more than 10% of annual enrolled program acres.

Revises provisions respecting: (1) easement and contract requirements; and (2) duties of the Secretary.

Subtitle F: Environmental Quality Incentives Program - 
(Sec. 2501) Amends the Food Security Act of 1985 to revise the environmental quality incentives program.

Includes forest management as a program goal.

(Sec. 2502) Revises the definitions of &quot;eligible land&quot; and &quot;practice.&quot;

(Sec. 2503) Extends the program through FY2012. 

Revises payment limitation provisions, including: (1) authorizing up to full payment for certain forgone income; (2) making socially disadvantaged farmers and ranchers eligible for increased payments; and (3) providing advance payments for beginning, socially disadvantaged, and limited resource farmers or ranchers. 

Authorizes the Secretary to provide payments for water conservation or irrigation practices.

Directs the Secretary to provide payments for organic production-related conservation practices. 

(Sec. 2504) Revises application evaluation and plan of operation provisions.

(Sec. 2508) Reduces aggregate program payments to a person or legal entity during any six-year period to $300,000. Authorizes an increased limit of up to $450,000 for projects of special environmental significance.

(Sec. 2509) Revises conservation innovation grant purposes.

Includes: (1) forest resource management as an eligible grant activity; and (2) specialty crop participation as an eligible project.

Directs the Secretary to provide producer payments to: (1) address air quality concerns from agricultural operations; and (2) meet federal, state, and local regulatory requirements. Obligates FY2009-FY2012 funds for such payments.

Eliminates the cost share cap.

(Sec. 2510) Establishes in lieu of current ground and surface water conservation grant provisions the agricultural water enhancement program (as part of the environmental quality incentives program).

Authorizes: (1) producer contracts for agricultural water enhancement activities (as defined by this section); and (2) regional partnership agreements with producer associations, state or local governments, or Indian tribes.

Gives proposal priority to states with water quantity concerns.

Directs the Secretary to consider as an eligible agricultural water enhancement activity the use of a water impoundment to capture surface water runoff on agricultural land in a drought area.

Makes additional program funding available from CCC.

Subtitle G: Other Conservation Programs of the Food Security Act of 1985 
- (Sec. 2601) Amends the Food Security Act of 1985 to authorize appropriations for the private grazing land conservation program through FY2012.

(Sec. 2602) Amends the wildlife habitat incentive program to: (1) increase cost-share payments limits for long-term projects to 25%; (2) include pivot corners and irregular areas; (3) provide priority to projects that address issues raised by state, regional, and national conservation initiatives; and (4) establish a $50,000 annual payment cap.

(Sec. 2603) Authorizes appropriations through FY2012 for: (1) the grassroots source water protection program; and (2) the Great Lakes Basin soil erosion and sediment control program. 

(Sec. 2605) Defines &quot;Chesapeake Bay watershed&quot; to include all tributaries, backwaters, and side channels (including watersheds) draining into the Chesapeake Bay.

Directs the Secretary to establish the Chesapeake Bay watershed conservation program to assist producers implement conservation activities on agricultural lands in the Chesapeake Bay watershed to: (1) improve water quality and quantity; and (2) restore and preserve soil, air, and related resources.

Directs the Secretary to give special consideration to projects in the Susquehanna, Shenandoah, Potomac, or Patuxent river basins.

Expresses the sense of Congress that the Secretary should be a member of the Chesapeake Bay Executive Council and is authorized to do so under the Soil Conservation and Domestic Allotment Act.

Obligates CCC program funding through FY2012.

(Sec. 2606) Directs the Secretary to establish a public access program under which states and tribal governments may apply for grants to encourage owners and operators of privately-held farm, ranch, and forest land to voluntarily provide public access to such land for hunting, fishing and other recreational activities.

Directs the Secretary to reduce grants by 25% to a state that has not made opening dates for migratory bird hunting consistent for residents and nonresidents.

Obligates CCC program funding through FY2012.

Subtitle H: Funding and Administration of Conservation Programs
 - (Sec. 2701) Extends authority to use CCC funding for specified conservation programs through FY2012, including the grassland reserve program. Adds the conservation stewardship program to such eligible programs. Makes such funds available to administer conservation security contracts entered into before September 30, 2008.

Obligates CRP funds for FY2009-FY2012 for: (1) thinning activities; and (2) land transfers from retiring farmers or ranchers to beginning or socially disadvantaged farmers or ranchers.

Obligates FY2008-FY2012 funds for: (1) the environmental quality incentives program; and (2) the wildlife habitat incentives program.

(Sec. 2702) Authorizes the Secretary to accept contributions to support specified conservation programs.

(Sec. 2703) Increases the threshold amount of fiscal year funding to $15 million for a state to qualify for conservation priority funding.

Directs the Secretary to review and update conservation funding allocation formulas.

(Sec. 2704) Obligates specified environmental quality incentives program funds and acres for beginning and socially disadvantaged farmers and ranchers.

(Sec. 2705) Directs the Secretary to report semiannually to the appropriate congressional committees regarding specified conservation program enrollments and assistance.

(Sec. 2706) Revises conservation program technical assistance provisions.

(Sec. 2707) Directs the Secretary to establish a cooperative conservation partnership initiative (Initiative) to work with states and local governments, tribes, nongovernmental organizations, producer associations, and institutions of higher education to assist producers in specified conservation programs enhance conservation measures on agricultural and nonindustrial private forest land.

Excludes from the Initiative: (1) the CRP; (2) the wetlands reserve program; (3) the farmland protection program; and (4) the grassland reserve program.

Requires the Secretary to: (1) enter into multi-year agreements (five-year maximum) with eligible entities; (2) reserve 6% of specified conservation program funds and acres for the Initiative for FY2009-FY2012; and (3) allocate 90% of funds and acres to projects based on the direction of state conservationists and 10% to projects based on a national competitive process.

 Prohibits funds to be used to pay partner overhead or administrative costs. 

(Sec. 2708) Makes socially disadvantaged farmers and ranchers eligible for conservation program incentives.

Sets forth county conservation program enrollment and easement acreage limits. Provides waiver authority for the Secretary. Excludes shelterbelts and windbreaks from enrollment limits. 

Authorizes the Secretary to encourage pollinator habitat development.

(Sec. 2709) Directs the Secretary to establish technical guidelines to measure the environmental services benefits from conservation and land management activities in order to facilitate the participation of farmers, ranchers, and forest landowners in emerging environmental services markets. Gives priority to carbon market participation.

(Sec. 2710) Directs the Secretary to establish a conservation experienced services program to utilize the talents of individuals who are 55 or older (who are not Department or state agriculture employees) to provide conservation-related technical services. 

Authorizes the Secretary to enter into agreements with nonprofit organizations eligible to receive grants under the Community Service Senior Opportunities Act to secure program participants. 

States that such agreements may not displace Department employees.

(Sec. 2711) Directs the Secretary to establish a technical committee in each state to assist the Secretary in conservation program implementation.

Subtitle I: Conservation Programs Under Other Laws 
- (Sec. 2801) Amends the Federal Crop Insurance Act regarding the agricultural management assistance program to: (1) include Hawaii in the program; (2) increase CCC funding for FY2008-FY2012; and (3) make permanent funding obligations for certain programs.

(Sec. 2802) Amends the Soil Conservation and Domestic Allotment Act to define &quot;technical assistance.&quot;

(Sec. 2803) Amends the the Watershed Protection and Flood Prevention Act regarding the small watershed (dam) rehabilitation program to: (1) authorize appropriations through FY2012; and (2) make CCC funds available for FY2009.

(Sec. 2804) Amends the Soil and Water Resources Conservation Act of 1977 to extend the soil and water conservation program through December 31, 2018.

(Sec. 2805) Amends the Agriculture and Food Act of 1981 regarding the resource conservation and development program to: (1) provide that the planning process shall be locally led; (2) provide that technical assistance shall include area plan and project implementation; and (3) direct the Secretary to designate a technical assistance coordinator for each council.

(Sec. 2806) Amends the the Colorado River Basin Salinity Control Act to direct the Secretary of the Interior, through the Bureau of Reclamation, to carry out salinity control activities in the Colorado River Basin. Directs the Secretary to: (1) consult with the Colorado River Basin Salinity Control Advisory Council; and (2) submit a planning report to the appropriate congressional committees.

(Sec. 2807) Amends the Farm Security and Rural Investment Act of 2002 to: (1) reduce the amount CCC funds to be transferred to the Bureau of Reclamation Water and Related Resources Account to provide water to at-risk natural desert terminal lakes; (2) permit funds to be used to lease water, or purchase land, water appurtenant to the land, and related interests in the Walker River Basin from willing sellers; and (3) eliminate the prohibition on purchasing or leasing water rights.

Subtitle J: Miscellaneous Conservation Provisions 
- (Sec. 2901) States that program benefits under this Act will not be denied to eligible individuals solely on the basis of participation in a one-time study of recharge potential for the Ogallala Aquifer in Texas.

(Sec. 2902) Designates the National Plant Materials Center at Beltsville, Maryland, as the &quot;Norman A. Berg National Plant Materials Center.&quot;

(Sec. 2903) Provides for the continuation of programs under title XII of the Food Security Act and of the ground and surface water conservation program under such Act until September 30, 2008.

(Sec. 2904) Directs the Secretary to promulgate implementing regulations for this title within 90 days of enactment of this Act.

Title III: Trade - Subtitle A: Food for Peace Act 
- (Sec. 3001) Retitles the Agricultural Trade Development and Assistance Act of 1954 as the Food for Peace Act (Act).

(Sec. 3002) Eliminates market development as a program objective.

(Sec. 3003) Expresses the sense of Congress regarding food aid to developing countries.

(Sec. 3004) Renames title I of the Act as &quot;Economic Assistance and Food Security.&quot;

(Sec. 3005) Eliminates the requirement that organizations seeking funding submit agricultural market development plans. 

(Sec. 3006) Specifies that recipient governments, private voluntary organizations, and cooperatives may implement local currency agreements.

(Sec. 3007) Specifies that emergency and private assistance programs (title II) shall: (1) address food emergencies resulting from man-made and natural disasters; and (2) encourage participation in educational, training, and other productive activities.

(Sec. 3008) Increases the range of title II funding available to eligible organizations for administrative and distribution costs. Authorizes such funds' use to improve and implement methodologies for food aid programs.

Directs the Administrator of the United States Agency for International Development (USAID) to use funds beginning in FY2009 for food aid quality assessments and prototype testing. Obligates specified funds for such purposes for FY2009-FY2011.

(Sec. 3010) Extends overall title II minimum tonnage and minimum nonemergency tonnage requirements through FY2012.

(Sec. 3011) Extends the termination date for the Food Aid Consultative Group to December 31, 2012.

(Sec. 3012) Revises title II administrative provisions.

Directs the Administrator to establish and report on systems to improve and evaluate assistance, which shall include: (1) famine warning systems; (2) country and regional food impact evaluations; and (3) best practices identification.

Authorizes personal service contracts.

Authorizes the Administrator to use specified funds for FY2009-FY2012 for program oversight, monitoring, and evaluation. Sets forth conditions and limitations on such funds' use.

(Sec. 3013) Authorizes appropriations through FY2012 for stockpiling and rapid transportation, delivery, and distribution of prepackaged foods. 

(Sec. 3014) Eliminates the requirement that the Secretary make a determination that an adequate domestic supply of a commodity exists before releasing such commodity for the food aid program.

(Sec. 3016) Authorizes CCC to cover micronutrient fortification program costs. 

(Sec. 3017) Extends authority through FY2012 to use funds to procure, transport, and store agricultural commodities for prepositioning within the United States and in foreign countries. Increases the amount of such funds available for foreign prepositioning storage.

Authorizes the Administrator to: (1) carry out assessments to establish at least two sites to determine the feasibility of using such sites to store and handle agricultural commodities for foreign prepositioning; and (2) based on the results of each assessment, establish additional foreign prepositioning sites.

Requires that annual resource requests for ongoing nonemergency or ongoing multiyear agreements under title II be finalized not later than October 1 of the fiscal year in which the agricultural commodities will be shipped.

(Sec. 3018) Revises reporting requirements.

(Sec. 3019) Extends authority to finance sales or provide other assistance to December 31, 2012.

(Sec. 3020) Authorizes specified appropriations beginning with FY2008 for the emergency and nonemergency food assistance programs. (Under current law funds are authorized as necessary for such programs.) 

(Sec. 3021) Obligates specified amounts from title II emergency and nonemergency funds for FY2009-FY2012 nonemergency food assistance programs. 

Authorizes the use of less than such amounts if: (1) the President determines that an urgent food emergency exists; (2) Bill Emerson Humanitarian Trust resources have been exhausted; and (3) the President has submitted a congressional request for additional appropriations equal to the reduction in such required amounts and the amount of exhausted Trust levels.

(Sec. 3022) Directs the the Administrator and the Secretary to report to the appropriate congressional committees regarding efforts taken to improve food and transportation procurement planning.

(Sec. 3023) Extends: (1) the date by which the Administrator shall establish the micronutrient fortification program to September 30, 2008; and (2) the program's termination date to September 30, 2012.

Revises program purposes. 

Eliminates the limit on the number of developing countries (five) in which this program can be implemented.

(Sec. 3024) Amends the Food for Peace Act regarding the John Ogonowski and Doug Bereuter farmer-to-farmer program to: (1) extend authorization of appropriations through FY2012 for sub-Saharan African and Caribbean Basin countries; (2) establish a FY2008-FY2012 authorization of appropriations for other developing or middle-income countries or emerging markets; (3) provide a $10 million minimum funding requirement; and (4) extend minimum funding requirements through FY2012.

Subtitle B: Agricultural Trade Act of 1978 and Related Statutes 
- (Sec. 3101) Amends the Agricultural Trade Act of 1978 to repeal the supplier credit guarantee program and the intermediate export credit guarantee program.

Directs CCC to make available through FY2012 credit guarantees in an amount equal to but not more than the lesser of: (1) $5.5 billion in credit guarantees; or (2) the sum of the amount of credit guarantees that CCC can make available using budget authority of $40 million per fiscal year and the amount of credit guarantees that CCC can make available using unobligated budget authority for prior fiscal years.

 (Sec. 3102) Authorizes FY2008-FY2012 appropriations for the market access program. Makes organic commodities eligible for the program.

(Sec. 3103) Repeals the export enhancement program.

(Sec. 3104) Makes CCC funds available through FY2012 for the foreign market development cooperator program.

(Sec. 3105) Extends the Food for Progress Act of 1985 through FY2012.

Directs the President to approve at least one multiyear project in FY2009 for Malawi to: (1) promote sustainable agriculture; and (2) increase the number of women in leadership positions.

(Sec. 3106) Amends the Farm Security and Rural Investment Act of 2002 regarding the McGovern-Dole international food for education and child nutrition program to: (1) extend CCC funding through FY2009; (2) authorize FY2008-FY2012 appropriations; and (3) require the Secretary, rather than the President, to carry out the program.

Subtitle C: Miscellaneous
 - (Sec. 3201) Amends the Bill Emerson Humanitarian Trust Act regarding the Bill Emerson Humanitarian Trust to: (1) extend funding authority through FY2012; (2) terminate Trust authority on September 30, 2012; (3) remove the 4 million ton cap on Trust stocks of wheat, rice, corn, and sorghum; (4) direct the Secretary to manage the Trust so as to maximize its value; and (5) permit Trust funds or stocks to be released for emergency relief under title II of the Food for Peace Act.

(Sec. 3202) Directs the Administrator to contribute funds (not to exceed 25% of the total contribution from all sources) to the Global Crop Diversity Trust for conservation of food crop genetic diversity through the collection and storage of food crop germplasm. 

Authorizes FY2008-FY2012 appropriations. 

(Sec. 3203) Amends the Farm Security and Rural Investment Act of 2002 to extend CCC funding through FY2012 for the specialty crop export assistance program. Establishes an annual congressional reporting requirement.

(Sec. 3204) Amends the Food, Agriculture, Conservation, and Trade Act of 1990 to extend CCC funding through FY2012 for the emerging markets and facility guarantee loan program.

Authorizes the Secretary to waive requirements relating to the use of U.S. goods in the construction of a proposed facility if such goods are not available.

Extends the E. (Kika) de la Garza agricultural fellowship program through FY2012.

(Sec. 3205) Establishes the Consultative Group to Eliminate the Use of Child Labor and Forced Labor in Imported Agricultural Products to develop recommendations to reduce the likelihood that imported agricultural products or commodities are produced with the use of forced labor and child labor.

Terminates the Group on December 31, 2012.

(Sec. 3206) Directs the Secretary to: (1) initiate a study and report to Congress regarding prior local and regional procurements for food aid programs conducted by other donor countries, private voluntary organizations, and the U.N. world food program; (2) provide grants to, or enter into cooperative agreements with, eligible organizations for field-based projects (projects) that consist of local or regional procurements of eligible commodities to respond to food crises and disasters; (3) promulgate field-based project regulations or guidelines; and (4) use specified CCC sums for FY2009-FY2012 for such activities.

Gives priority to projects that: (1) are located in Africa; and (2) procure eligible commodities produced in Africa.

Requires independent third-party project evaluations.

Subtitle D: Softwood Lumber: 
(Sec. 3301) Amends the Tariff Act of 1930 to add a title VIII (the Softwood Lumber Act of 2008) to such Act.

Directs the President to establish: (1) an importer declaration program for the importation of softwood lumber and softwood lumber products which shall require importers of softwood lumber and softwood lumber products to provide and declare required information which shall accompany the entry summary documentation; and (2) an electronic record of such information and declarations.

Sets forth provisions regarding: (1) required information and importer declarations; and (2) included and excluded products.

Directs the Under Secretary for International Trade (of the Department of Commerce) to: (1) determine monthly any export charges to be collected by a country of export from exporters of softwood lumber or softwood lumber products to ensure compliance with any international agreement entered into by that country and the United States; and (2) publish such determinations on the International Trade Administration's website.

Directs the Secretary of the Treasury to: (1) conduct reconciliations to ensure the proper implementation and operation of international agreements entered into between such a country and the United States; and (2) periodically verify U.S. importer declarations.

Makes it unlawful to import into the United States softwood lumber or softwood lumber products in knowing violation of this title.

Establishes a civil penalty of up to $10,000 for each violation. Provides that in addition to such penalty any violation of this title that violates any other U.S. customs law shall be subject to applicable civil and criminal penalties, including seizure and forfeiture, that may be imposed under such custom law or under U.S. criminal law regarding the importation of softwood lumber and softwood lumber products. Sets forth exceptions to such importer violations.

Sets forth reporting requirements.

Makes the provisions of this section effective 60 days after enactment of this Act.

Title IV: Nutrition - Subtitle A: Food Stamp Program - Part 1: Renaming of Food Stamp Act and Program 
- (Sec. 4001) Amends the Food Stamp Act of 1977 to rename: (1) the Food Stamp Act of 1977 as the Food and Nutrition Act of 2008; and (2) the food stamp program as the supplemental nutrition assistance program (program).

(Sec. 4002) Makes conforming amendments to specified Acts.

Part 2: Benefit Improvements 
- (Sec. 4101) Excludes certain military combat pay from household income inclusion for purposes of program eligibility.

(Sec. 4102) Increases the FY2009 minimum standard deduction to: (1) $144 for the 48 contiguous states and the District of Columbia; (2) $246 for Alaska; (3) $203 for Hawaii; (4) $127 for the Virgin Islands; and (5) $289 for Guam.

 Provides that beginning with FY2010 the standard minimum deduction shall be the previous fiscal year's amount adjusted to the nearest lower dollar increment to reflect changes for the 12-month period ending on the preceding June 30 in the Department of Labor's Consumer Price Index for All Urban Consumers (CPI-U) for items other than food.

(Sec. 4103) Removes dependent care deduction caps.

(Sec. 4104) Provides that beginning on October 1, 2008, and each October 1 thereafter existing asset dollar limits shall be indexed annually for inflation as measured by the CPI-U and adjusted down to the nearest $250. 

Provides for the mandatory and discretionary exclusion of certain retirement and education accounts from allowable household financial resources.

(Sec. 4105) Authorizes states to require periodic reporting of changes in household circumstances by households that are: (1) elderly or disabled; (2) migrant or seasonal farmworkers; or (3) homeless. Limits the frequency of such reports.

(Sec. 4106) Authorizes states to provide transitional food assistance benefits to households with children that cease to receive cash assistance under a state-funded public assistance program. 

(Sec. 4107) Provides that the minimum program benefit shall be equal to 8% of the maximum benefit for a household of one.

(Sec. 4108) Includes as an eligible employment and training program activity job retention services provided to individuals who have received other program employment/training services.

Part 3: Program Operations 
- (Sec. 4111) Authorizes the Secretary to administer the food stamp nutrition education program.

Authorizes state agencies to: (1) implement nutrition education programs that promote healthy food choices; and (2) deliver nutrition education directly to eligible recipients or through agreements with the National Institute of Food and Agriculture.

(Sec. 4112) Directs the Secretary to establish procedures to ensure that states use consistent procedures that disqualify individuals whom law enforcement authorities are actively seeking for criminal proceedings. 

(Sec. 4113) Prohibits any method for staggering a monthly issuance of benefits from splitting a household's monthly benefit into more than one issuance unless a benefit correction is necessary.

(Sec. 4114) Requires that state agencies: (1) establish a procedure for recovering electronic benefits from the account of a household due to inactivity; (2) expunge benefits that have not been accessed by a household for 12 months; and (3) notify households of stored benefits and make them available not later than 48 hours after a household's request. 

Authorize state agencies to store recovered benefits off-line if the household has not accessed the account after six months.

(Sec. 4115) Prohibits state issuance of coupons effective on the date of enactment of this Act. Replaces program coupons with electronic benefit transfer (EBT) cards effective one year after enactment of this Act. States that coupons not used during such one-year period shall not be redeemable.

States that: (1) the Secretary shall require a state agency to issue benefits using alternative methods if such action would improve program integrity; and (2) the cost of required documents or systems may not be imposed upon participating retail food stores. 

(Sec. 4116) Sets forth state responsibility for program administration.

Directs: (1) the Secretary to develop standards for identifying major changes in state agency operations; and (2) a state to notify the Secretary of any such change and collect information needed to identify any adverse effects on program integrity or access.

(Sec. 4117) Requires civil rights compliance.

(Sec. 4119) Authorizes a state to provide for telephonic signature.

(Sec. 4120) Sets forth privacy protection provisions.

(Sec. 4121) Requires that computerized systems for state program operations receiving federal matching payments be: (1) tested adequately before and after implementation, including through pilot projects; and (2) operated under a plan for continuous updating.

(Sec. 4122) Limits the time unspent federal funding for employment and training program expenses may remain available to 15 months. 

Part 4: Program Integrity - 
(Sec 4131) Disqualifies from program participation a person found by a court or administrative agency to have intentionally: (1) obtained cash by misusing program benefits to obtain money for return of container deposits; or (2) sold food that was purchased using program benefits. 

(Sec. 4132) Subjects a retail store or wholesale food concern to a civil money penalty of up to $100,000, program disqualification, or both for each program violation. Eliminates the requirement that a civil money penalty determination be based on whether program disqualification would cause hardship for recipient households. 

States that the period of disqualification shall be not more than 5 years for a first violation and 10 years for a second violation. (Eliminates current minimum disqualification periods.)

Revises provisions regarding bonds required of violating stores or food concerns wishing to be reapproved for participation.

Directs the Secretary to establish procedures whereby participating food concerns may be immediately suspended for &quot;flagrant violations&quot; pending administrative action to disqualify.

(Sec. 4133) Authorizes the Secretary, upon a determination that a state agency overissued benefits to a substantial number of households as a result of a major systemic error, to prohibit the agency from collecting such overissuances from some or all households.

Part 5: Miscellaneous
 - (Sec. 4141) Amends the Food and Nutrition Act of 2008 to direct the Secretary carry out pilot projects to: (1) improve the dietary and health status of eligible or participating households; and (2) reduce obesity (including childhood obesity) and associated co-morbidities in the United States. 

Authorizes FY2008-FY2012 appropriations.

(Sec. 4142) Directs the Secretary to study the feasibility of including Puerto Rico in the program in lieu of providing Puerto Rico with a block grant. Sets forth study and reporting provisions. 

Provides funding for such study.

Subtitle B: Food Distribution Programs - Part 1: Emergency Food Assistance Program 
- (Sec. 4201) Amends the Food and Nutrition Act of 2008 to extend authority to purchase commodities for the emergency food assistance program through FY2012.

Amends the Emergency Food Assistance Act of 1983 to authorize appropriations to pay for the direct and indirect state costs related to the processing, storage, transportation, and distribution of commodities and donated wild game to eligible recipient agencies. 

(Sec. 4202) Amends the Emergency Food Assistance Act of 1983 to provide grants for emergency and perishable food infrastructure improvement grants. Requires at least 50% rural area fund use.

Authorizes FY2008-FY2012 appropriations.

Part 2: Food Distribution Program on Indian Reservations - 
(Sec. 4211) Amends the Food and Nutrition Act of 2008 regarding the food distribution on Indian reservations program to: (1) authorize the purchase of bison meat for program distribution; (2) establish a fund (and authorize FY2008-FY2012 appropriations) for purchasing traditional and locally-grown foods for program distribution, of which, where practicable, at least 50% shall be produced by Native American farmers, ranchers, and producers; and (3) direct the Secretary to report to the appropriate congressional committees regarding the program food package.

Part 3: Commodity Supplemental Food Program
 - (Sec. 4221) Amends the Agriculture and Consumer Protection Act of 1973 regarding the commodity supplemental food program to prohibit the Secretary from requiring a state or local agency to prioritize assistance to a particular group of individuals that are: (1) low-income persons aged 60 and older; or (2) women, infants, and children.

Part 4: Senior Farmers' Market Nutrition Program - 
(Sec. 4231) Amends the Farm Security and Rural Investment Act of 2002 regarding the senior farmers' market nutrition program to: (1) include honey in the program; (2) exclude benefits from consideration as income or resources under federal, state, or local law; and (3) prohibit state or local sales tax on benefit voucher food purchases.

Subtitle C: Child Nutrition and Related Programs - 
(Sec. 4301) Directs the Secretary to report annually to the appropriate congressional committees assessing the each state's effectiveness in enrolling school-aged children in households receiving supplemental nutrition assistance program benefits for free school meals using direct certification. 

(Sec. 4302) Amends the Richard B. Russell National School Lunch Act to direct the Secretary to allow institutions receiving funds under this Act and the Child Nutrition Act of 1966, including the Department of Defense (DOD) fresh fruit and vegetable program, to use a geographic preference for the procurement of unprocessed agricultural products, both locally grown and locally raised.

(Sec. 4303) Directs the Secretary to carry out a pilot program of grants to nonprofit organizations or public entities in up to five states for community gardens at high-poverty schools to teach the students about agriculture production practices and diet. 

(Sec. 4304) Directs the Secretary, beginning with the school year opening July 2008, to provide grants to states for programs to make free fresh fruits and vegetables available in elementary schools.

Sets forth program and funding provisions.

Authorizes appropriations (in addition to other funding).

(Sec. 4305) Directs the Secretary to: (1) purchase whole grain products for distribution in the school lunch and breakfast programs; and (2) evaluate the program and report to the appropriate congressional committees. 

(Sec. 4306) States that the Department should undertake training, guidance, and enforcement of the various current Buy American statutory requirements and regulations, including those of the Richard B. Russell National School Lunch Act.

(Sec. 4307) Directs the Secretary, for FY2009, to: (1) carry out a survey of the foods purchased during the most recent school year for which data is available by school authorities participating in the school lunch program; and (2) report to the appropriate congressional committees. 

Provides CCC funding for such survey.

Subtitle D: Miscellaneous
 - (Sec. 4401) Amends the Farm Security and Rural Investment Act of 2002 to rename the Congressional Hunger Fellows Act of 2002 as the Bill Emerson National Hunger Fellows and Mickey Leland International Hunger Fellows Program Act of 2008.

Revises the Congressional Hunger Fellows Program. Replaces the Bill Emerson Hunger Fellowship and the Mickey Leland Hunger Fellowship with the Bill Emerson National Hunger Fellowship Program and the Mickey Leland International Hunger Fellowship Program.

Provides that: (1) the Secretary shall offer to provide a grant to the Congressional Hunger Center to administer the Fellowship Programs; (2) a Bill Emerson Hunger Fellowship shall be for not more than 15 months (current Fellowship is for not more than one year); and (3) a Mickey Leland Hunger Fellowship shall be for not more than two years (current Fellowship requires at least one year in field placement).

Eliminates the Congressional Hunger Fellows Trust.

Authorizes appropriations as necessary. (Current law authorizes a specified amount.)

(Sec. 4402) Amends the Food and Nutrition Act of 2008 to revise the definition of &quot;community food project.&quot;

Directs the Secretary to offer to provide a grant to a nonprofit organization to establish a healthy urban food enterprise development center to increase access to healthy affordable foods, including locally produced agricultural products, to underserved communities. 

Directs the Secretary of the Treasury to transfer to the Secretary funds to carry out such program for FY2009-FY2011. Authorizes appropriations for FY2012.

(Sec. 4403) Provides for joint nutrition research and related research activities by the Secretary and the Secretary of Health and Human Services (HHS).

(Sec. 4404) Directs the Secretary to purchase additional FY2008-FY2012 amounts of fruits, vegetables, and nuts for domestic nutrition programs using funds under section 32 of the Act of August 24, 1935 (permanent customs-derived appropriations). 

(Sec. 4405) Establishes: (1) the hunger-free communities collaborative grant program; and (2) the hunger-free communities infrastructure grant program. Sets forth eligible fund uses.

Authorizes FY2008-FY2012 appropriations.

(Sec. 4406) Amends the Food and Nutrition Act of 2008 to authorize appropriations for the supplemental nutrition assistance program through FY2012.

 Makes permanent: (1) funding obligations for grants for simple application and eligibility determination systems; (2) funding obligations for employment and training programs; (3) payment reductions for administrative costs; (4) cash payment pilot projects for persons 65 years or older; (5) consolidated block grants for Puerto Rico and American Samoa; and (6) assistance for community food projects.

Amends the Emergency Food Assistance Act of 1983 to make the authorization of appropriations permanent for state costs related to the processing, storing, transporting, and distributing of emergency food assistance commodities.

Amends the Agriculture and Consumer Protection Act of 1973 to extend through FY2012: (1) the commodity distribution program; and (2) the commodity supplemental food program.

Amends the Agriculture and Food Act of 1981 to extend the program of distributing surplus commodities to special nutrition projects through FY2012.

Amends the Farm Security and Rural Investment Act of 2002 to: (1) provide CCC funding through FY2012 for the senior farmers' market nutrition program; and (2) authorize appropriations through FY2012 for the nutrition information and awareness pilot program.

(Sec. 4407) States that unless otherwise provided for the provisions of this title shall take effect on October 1, 2008.

Title V: Credit - Subtitle A: Farm Ownership Loans
 - (Sec. 5001) Amends the Consolidated Farm and Rural Development Act to authorize the Secretary to take into consideration all farming experience of a loan applicant when considering direct farm ownership loan eligibility.

(Sec. 5002) Replaces the soil and water conservation loan program with a conservation loan and loan guarantee program to cover the costs of carrying out qualified conservation projects including: (1) installation of conservation structures to address soil, water, and related resources; (2) establishment of forest cover for sustained yield timber management, erosion control, or shelter belt purposes; (3) installation of water conservation or waste management measures; or (4) establishment or improvement of permanent pasture.

Gives loan priority to: (1) qualified beginning farmers or ranchers and socially disadvantaged farmers or ranchers; (2) owners or tenants who use the loans to convert to sustainable or organic agricultural production systems; and (3) producers who use the loans to build certain conservation structures or establish conservation practices. 

Authorizes FY2008-FY2012 appropriations.

(Sec. 5003) Increases the farm ownership loan limit to $300,000 for a loan that is not guaranteed by the Secretary.

(Sec. 5004) Includes socially disadvantaged farmers or ranchers in the down payment loan program. 

Sets the loan principal at not more than 45% of the least of: (1) the purchase price of the farm or ranch; (2) the appraised value of the farm or ranch; or (3) $500,000.

Revises the interest rate to the greater of: (1) the farm ownership loan interest rate minus 4%; or (2) 1.5%.

Extends the loan duration to 20 years.

(Sec. 5005) Revises the beginning farmer and rancher contract land sales program to: (1) include socially disadvantaged farmers or ranchers in the program; (2) make the program permanent and remove the loans per state limit; (3) require participants to provide a down payment of 5% of the farm's or ranch's purchase price; (4) set the maximum purchase price for the farm or ranch at $500,000; (5) set the loan guarantee period at 10 years; and (6) provide a private seller with a choice of either a prompt payment guarantee or a standard guarantee. 

Subtitle B: Operating Loans 
- (Sec. 5101) Amends the Consolidated Farm and Rural Development Act to authorize the Secretary to consider all farming experience of an applicant when considering farm operating loan eligibility. 

(Sec. 5102) Increases the farm operating loan limit to $300,000 for a loan that is not guaranteed by the Secretary.

(Sec. 5103) Amends the Farm Security and Rural Investment Act of 2002 to suspend the limitation on the number of years that borrowers are eligible to receive guaranteed assistance on operating loans until December 31, 2010. 

Subtitle C: Emergency Loans 
- (Sec. 5201) Amends the the Consolidated Farm and Rural Development Act to make equine farmers or ranchers eligible for emergency loans.

Subtitle D: Administrative Provisions 
- (Sec. 5301) Amends the Consolidated Farm and Rural Development Act to direct the Secretary to establish the new farmer individual development accounts pilot program under which the Secretary shall work through qualified entities to establish demonstration plans of at least five years in duration and in at least 15 states.

Provides that a recipient entity shall establish individual development accounts for eligible participants and provide 50% nonfederal matching funds.

Provides that an eligible participant shall enter into a contract with a qualified entity that requires: (1) a monthly deposit into a personal savings account; (2) financial training; and (3) fund use for specified farming purposes, including purchases of farmland, equipment, breeding stock, and timber, nut, or fruit trees.

Limits: (1) fiscal year matching funds to an eligible participant to $6,000; and (2) maximum grants a qualified entity to $250,000.

Authorizes FY2008-FY2012 appropriations.

(Sec. 5302) Makes socially disadvantaged farmers or ranchers eligible for inventory property sales.

Increases beginning farmer or rancher loan set-asides for: (1) direct farm ownership loans to 75%; and (2) guaranteed farm ownership loans to 40%.

 Extends beginning farmer or rancher operating loan set-asides through FY2012.

(Sec. 5303) Extends through FY2012 (and increases over current levels) loan authorizations for: (1) FSA loan programs; (2) direct loans; (3) direct farm ownership loans; and (4) direct operating loans. 

(Sec. 5304) Directs the Secretary to establish a plan and promulgate regulations that promote the goal of transitioning borrowers to private commercial and other credit sources.

(Sec. 5305) Extends the right of first refusal to reacquire homestead property to the immediate family members of a borrower-owner who is a socially disadvantaged farmer or rancher.

(Sec. 5306) Prohibits the Secretary from completing a study of, or contracting with a private party to carry out, without specific congressional authorization, a competitive sourcing activity of the Secretary relating to rural development or farm loan programs.

Subtitle E: Farm Credit 
- (Sec. 5404) Amends the Farm Credit Act of 1971 to require that each Farm Credit System (FCS) bank compute insurance premium assessments on any association or financial institution in an equitable manner.

(Sec. 5403) Authorizes the board of a bank for cooperatives to determine the terms and conditions for the issuance and transfer of bank voting stock to bank for cooperatives customers and other FCS associations. 

(Sec. 5404) Revises premium provisions regarding: (1) premium determinations if the amount in the Farm Credit Insurance Fund does, or does not, exceed the secure base amount; (2) determination of loan and investment amounts; and (3) allocation of excess reserves to FCS institutions.

(Sec. 5405) Requires insured FCS banks to file certified statements of premiums on a date determined by the Farm Credit System Insurance Corporation Board of Directors. (Under current law such statements are due annually.)

Revises premium payment provisions.

(Sec. 5406) Includes rural utility loans (loans or interest in a loan for electric and telephone facilities) in the definition &quot;qualified loan&quot; for purposes of Federal Agricultural Mortgage Corporation financing. 

Establishes a risk-based capital standard for rural utility loans.

(Sec. 5407) Equalizes lending authorities among certain FCS district associations. 

Authorizes, upon board of director and a majority of voting stockholder approval: (1) certain federal land bank associations to make short- and intermediate-term loans; and (2) certain production credit associations to make long-term loans.

Subtitle F: Miscellaneous
 - Permits the Secretary to make and insure specified loans to eligible purchasers of highly fractioned land, excluding trust land, restricted tribal land, or mortgaged tribal corporation land.

TitleVI

:

 Rural Development - Subtitle A: Consolidated Farm and Rural Development Act 
- (Sec. 6001) Amends the Consolidated Farm and Rural Development Act to authorize FY2008-FY2012 appropriations for water, waste disposal, and wastewater facility grants.

(Sec. 6002) Authorizes the Secretary to establish the Special Evaluation Assistance for Rural Communities and Households (SEARCH) program to make predevelopment planning grants for feasibility studies, design assistance, and technical assistance to financially distressed rural communities with populations of not more than 2,500 for water and waste disposal projects. 

(Sec. 6003) Authorizes FY2008-FY2012 appropriations for rural business opportunity grants.

(Sec. 6004) Extends the set-aside date from April 1 to June 1 of a fiscal year for reserved fund grants, loans, and loan guarantees for the federal share of developing and constructing day care facilities for children in rural areas.

(Sec. 6006) Increases appropriations for the rural water and wastewater circuit rider program.

(Sec. 6007) Authorizes FY2008-FY2012 appropriations for Tribal College or University essential community facilities.

(Sec. 6008) Authorizes FY2008-FY2012 appropriations for the emergency and imminent community water assistance grant program.

(Sec. 6009) Authorizes FY2008-FY2012 appropriations for: (1) water systems for Alaskan rural and Native villages; and (2) the Denali Commission for Alaskan municipalities. 

(Sec. 6010) Authorizes FY2008-FY2012 appropriations for grants to finance rural water well systems for low- or moderate income persons.

(Sec. 6011) Sets interest rates for water and waste disposal loans in low-income areas at 60% of the market rate and at 80% of the market rate in other areas. 

(Sec. 6012) Authorizes business and industry guarantees for loans made for the purchase of preferred stock or similar equity issued by a cooperative organization or a fund that invests primarily in cooperative organizations.

(Sec. 6013) Authorizes FY2008-FY2012 appropriations for the rural cooperative development grant program.

Authorizes multiyear grants (three-year maximum). Limits grantees that have not received prior grants to one-year grants. Authorizes a single 12-month extension for a grantee to use a grant. 

Directs the Secretary to enter into a cooperative research agreement with one or more academic institutions in each fiscal year to conduct research on the national economic effects of all types of cooperatives.

Obligates 20% of appropriations for grants that serve socially disadvantaged groups if total appropriations in a fiscal year exceed a specified amount. 

(Sec. 6014) Authorizes FY2008-FY2012 appropriations for broadcasting system grants.

(Sec. 6015) Directs the Secretary to make or guarantee loans to individuals, cooperatives, cooperative organizations, businesses, and other entities to establish enterprises that process, distribute, store, and market locally or regionally produced agricultural food products to support community development and farm and ranch income.

Gives priority to projects that benefit underserved communities.

Obligates specified funds for FY2008-FY2012.

(Sec. 6016) Directs the Secretary to establish a national appropriate technology transfer for rural areas program to assist agricultural producers that are seeking information to: (1) reduce input costs; (2) conserve energy resources; (3) diversify operations through new energy crops and energy generation facilities; and (4) expand markets by using practices that enhance the environment, natural resource base, and quality of life.

Authorizes FY2008-FY2012 appropriations.

(Sec. 6017) Directs the Secretary to carry out through September 30, 2012, those rural economic area partnership zones in effect on the date of enactment of this section in accordance with the terms and conditions contained in the memorandums of agreement entered into by the Secretary for the rural economic area partnership zones. 

(Sec. 6018) Revises the definitions of &quot;rural&quot; and &quot;rural area&quot; for specified agricultural credit and program purposes.

(Sec. 6019) Authorizes FY2008-FY2012 appropriations for the national rural development partnership program.

Establishes the program's termination date as September 30, 2012. 

(Sec. 6020) Authorizes FY2008-FY2012 appropriations for the historic barn preservation program. 

(Sec. 6021) Authorizes FY2008-FY2012 appropriations for grants for National Oceanic and Atmospheric Administration (NOAA) weather radio transmitters. 

(Sec. 6022) Directs the Secretary to establish a rural microentrepreneur assistance loan (20-year maximum) and grant program to support rural microenterprise development. 

Requires a loan recipient microenterprise development organization to establish a loan loss reserve fund.

Obligates specified CCC funds for FY2009-FY2012. Authorizes FY2009-FY2012 appropriations.

(Sec. 6023) Directs the Secretary to make grants to eligible nonprofit organizations or nonprofit consortiums to expand rural employment opportunities for individuals with disabilities.

Authorizes FY2008-FY2012 appropriations.

(Sec. 6024) Authorizes the Secretary to make grants to regional consortiums of academic, research, and health care entities to address health needs in the Delta region for: (1) development of health care services, health education programs, and health care job training programs; and (2) development and expansion of public health-related facilities. 

Requires grant input from local local governments and public health care providers in the Delta region.

Authorizes FY2008-FY2012 appropriations.

(Sec. 6025) Extends authority and authorizes appropriations for the Delta Regional Authority through FY2012.

Amends the Delta Development Act to add the following to the Delta Regional Authority: (1) Beauregard, Bienville, Cameron, Claiborne, DeSoto, Jefferson Davis, Red River, St. Mary, Vermillion, and Webster Parishes in Louisiana; and (2) Jasper and Smith Counties in Mississippi.

(Sec. 6026) Amends the Consolidated Farm and Rural Development Act to include Missouri (other than counties included in the Delta Regional Authority) in the Great Northern Plains Regional Authority.

Increases the federal share of Authority administrative expenses for FY2008-FY2010.

 Directs the Authority to provide assistance to states in developing regional plans to address multistate economic issues, including plans to: (1) develop a regional transmission system for the movement of renewable energy to markets outside the region; (2) address regional transportation concerns including the establishment of a Northern Great Plains Regional Transportation Working Group; (3) support interstate collaboration on federally-funded research that is in the national interest; and (4) establish a Regional Working Group on Agriculture Development and Transportation.

Includes among multistate economic issues: (1) renewable energy development and transmission; (2) transportation planning and economic development; (3) information technology; (4) movement of freight and persons; (5) conservation land management; and (6) federally funded research.

Provides that economic and community development grants may be used for renewable energy transmission infrastructure development.

Replaces the definition of &quot;local development district&quot; with a definition of &quot;multistate and local development district or organization.&quot;

Authorizes grants (three-year maximum) for administrative expenses to multistate, local, and regional development districts and organizations.

Reduces to 50% the amount of funding reserved for distressed counties and isolated areas of distress.

 Extends authority and authorizes appropriations for the Authority through FY2012.

(Sec. 6027) Authorizes FY2008-FY2012 appropriations for the rural business investment program.

Authorizes debentures to be prepaid at any time. 

Limits fees to $500.

Gives rural business investment companies two years to meet capital requirements. 

 Increases the limitation on funding from FCS institutions to 25%.

(Sec. 6028) Directs the Secretary to establish: (1) a rural collaborative investment program (in lieu of the rural strategic investment program) to provide rural regions with a flexible investment vehicle to achieve rural competitiveness and prosperity; (2) a National Rural Investment Board; and (3) a National Institute on Regional Rural Competitiveness and Entrepreneurship. Authorizes FY2009-FY2012 appropriations.

Directs the Secretary to work with the Board to establish a rural philanthropic initiative.

Directs the Secretary to make grants available to Regional Rural Investment Boards (as provided for by this section) to: (1) develop and maintain regional investment strategies; and (2) implement projects and initiatives identified in such strategies.

Authorizes the Secretary to provide long-term loans to eligible community foundations to assist in the implementation of regional investment strategies.

(Sec. 6029) Directs the Secretary to use specified CCC funds for pending applications for: (1) water or waste disposal grants or direct loans; and (2) emergency community water assistance grants. 

Subtitle B: Rural Electrification Act of 1936 
- (Sec. 6101) Amends the Rural Electrification Act of 1936 to authorize the Secretary to extend rural electrification loans to energy efficiency programs. 

(Sec. 6102) Provides for direct Rural Utilities Service (RUS) lending.

Eliminates Federal Financing Bank guaranteed loans.

(Sec. 6103) Directs the Secretary to allow borrowers to defer payment of principal and interest (for up to 60 months) on any direct loan to enable the borrower to make loans to residential, commercial, and industrial consumers to: (1) conduct energy efficiency and use audits; and (2) install energy efficient measures or devices. 

(Sec. 6104) Revises the definition of &quot;rural area.&quot;

(Sec. 6105) Authorizes the Secretary to implement an initiative to identify and improve the availability of eligible programs in communities in substantially underserved trust areas (as defined by this section), which may include: (1) low-interest or extended financing; (2) waiver of matching fund or credit support requirements; and (3) priority funding. 

Requires an annual report to Congress.

(Sec. 6106) Extends guarantee eligibility to rural telephone-related bonds and notes. 

Limits fiscal year electrification and telephone guarantees to $1 billion.

Establishes the annual guarantee fee at 30 basis points of the amount of the unpaid principal. Requires that lender fees be paid on a semiannual basis on a schedule structured by the Secretary. 

Extends the Secretary's guarantee authority to September 30, 2012. 

(Sec. 6107) Extends 911 access eligibility to: (1) emergency communications; (2) homeland security communications; (3) transportation safety communications; and (4) location technologies used outside an urbanized area. Authorizes appropriations through FY2012.

Allows government-imposed fees to emergency communications providers to serve as loan security.

Authorizes emergency communications equipment providers to apply for loans on behalf of municipalities if the municipalities are unable to incur such debt. 

(Sec. 6108) Authorizes the Secretary to make electric loans for electric generation from renewable energy resources for resale to rural and nonrural residents.

(Sec. 6109) Directs the Secretary to review RUS bonding requirements to ensure that bonds are not required if: (1) the interests of the Secretary are adequately protected by product warranties; or (2) bond costs or conditions exceed the bond's benefit.
 
(Sec. 6110) Amends the Rural Electrification Act to revise rural broadband access provisions.
 
Directs the Secretary to make or guarantee loans to eligible entities for rural broadband service construction, improvement, or acquisition of facilities and equipment. Gives priority to applicants that offer to provide broadband service to the greatest proportion of households without an incumbent service provider.

Sets forth loan eligibility provisions, including the requirement that an entity agrees to complete broadband service buildout within three years of loan receipt.

Limits an entity that provides telecommunications or broadband service to at least 20% of U.S. households to not more than 15% of fiscal year appropriations.

Provides that a loan or guarantee may be used to carry out a project in a proposed service territory only if: (1) not less than 25% of the territory's households are offered broadband service by not more than one incumbent service provider; and (2) broadband service is not provided in any part of the territory by three or more incumbent service providers.

States that the 25% requirement shall not apply if a loan or guarantee has been made to the applicant to provide broadband service in the proposed service territory.

States that the three or more incumbent service provider requirement shall not apply to an incumbent service provider that is upgrading broadband service to its existing territory unless the applicant is eligible for funding under another title of this Act.
 
Makes states, local governments, and Indian tribes eligible for loans to provide rural broadband service.
 
Sets forth: (1) equity and market survey requirements; (2) reporting requirements; and (3) loan and loan guarantee terms.

Permits loan proceeds to be used to refinance loans for deployment of rural broadband service.

Authorizes FY2008-FY2012 appropriations.

Prohibits loan or loan guarantees to be made after September 30, 2012.

(Sec. 6111) Directs the Secretary to designate a National Center for Rural Telecommunications Assessment which shall: (1) assess program effectiveness in increasing rural broadband penetration and purchase; (2) work with existing rural development centers to identify appropriate policy initiatives; and (3) publish reports respecting Center activities.

Requires an annual report to Congress.

Authorizes FY2008-FY2012 appropriations.

(Sec. 6112) Requires the Federal Communications Commission (FCC) to provide Congress with a comprehensive rural broadband strategy.

(Sec. 6113) Directs the Secretary to conduct a study and report to Congress respecting electric power generation needs in rural areas.

Subtitle C: Miscellaneous 
- (Sec. 6201) Amends the Food, Agriculture, Conservation and Trade Act of 1990 regarding rural telemedicine and distance learning assistance to: (1) make libraries eligible for assistance; and (2) authorize appropriations through FY2012.

(Sec. 6202) Amends the Agricultural Risk Protection Act of 2000 regarding the value-added agricultural market development program to: (1) revise the definition of &quot;value-added agricultural product&quot;; (2) limit grants to three years; (3) provide a simplified application for grants of less than $50,000; (4) give project priority to beginning or socially disadvantaged farmers or ranchers, or to family farms; and (5) reserve 10% of funds for projects that benefit beginning or socially disadvantaged farmers or ranchers, or mid-tier value chains.

Makes specified CCC funds available for the program on October 1, 2008. Authorizes FY2008-FY2012 appropriations.

(Sec. 6203) Amends the Farm Security and Rural Investment Act of 2002 to authorize FY2008-FY2012 appropriations for the agricultural innovation center demonstration program. 

(Sec. 6204) Establishes the rural firefighters and emergency medical service assistance program in lieu of the rural firefighters and emergency personnel grant program.

Defines &quot;emergency medical services&quot; as: (1) resources used by a public or nonprofit entity to deliver medical care outside of a medical facility under emergency conditions resulting from a patient's condition or a natural disaster; and (2) services delivered by a state-certified/licensed emergency medical services provider as an emergency medical technician, a registered nurse, a physician assistant, or an emergency services physician. 

Directs the Secretary to make grants to eligible entities in rural areas to: (1) provide for improved emergency medical services; and (2) pay the cost of training firefighters and emergency medical personnel in firefighting, emergency medical practices, and responding to hazardous materials and bioagents.

Includes among eligible entities: (1) state emergency medical services offices or associations; (2) state rural health offices; (3) local government entities; (4) Indian tribes; (5) state or local ambulance providers; or (6) other public or nonprofit entities. 

Sets forth fund use provisions, including training and recruitment, equipment purchase, and public education.

Authorizes FY2008-FY2012 appropriations.

(Sec. 6205) Amends the Housing Act of 1949 regarding loan insurance for domestic farm labor housing to include in the definition of &quot;domestic farm labor&quot; persons who receive a substantial portion of their income from the handling of agricultural or aquacultural commodities in the unprocessed stage, or the processing of agricultural or aquacultural commodities.
 
(Sec. 6206) Directs the Secretary and the Secretary of Transportation to conduct a study regarding the transportation of agricultural products, domestically produced renewable fuels, and domestically produced resources for rural area electricity production. 
 

Subtitle D: Housing Assistance Council - 
Housing Assistance Council Authorization Act of 2008 - (Sec. 6302) Authorizes the Secretary of Housing and Urban Development (HUD) to provide financial assistance to the Housing Assistance Council to develop the capacity of community-based housing development organizations to undertake community development and affordable housing programs in rural areas. 

Authorizes FY2009-FY2011 appropriations.

(Sec. 6303) Directs the Government Accountability Office (GAO) to report to the appropriate congressional committees regarding Council fund use over the past seven years.

(Sec. 6304) Prohibits funds under this subtitle from being used to: (1) provide housing assistance to persons not lawfully present in the United States; and (2) lobby or retain a lobbyist for the purpose of influencing a federal, state, or local governmental entity or officer. 

Title VII: Research and Related Matters
 - 
Subtitle A: National Agricultural Research, Extension, and Teaching Policy Act of 1977
 - (Sec. 7101) Amends the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to include research foundations maintained by colleges or universities within the definition of colleges or universities. 

Defines: (1) Hispanic-serving institutions as those whose enrollment of full-time undergraduate students is at least 25% Hispanic (as defined in the Higher Education Act of 1965); (2) Hispanic-serving agricultural colleges and universities as Hispanic-serving institutions that offer accredited degree programs in agriculture-related fields; and (3) non-land grant colleges of agriculture (NLGCAs) as public colleges or universities offering a baccalaureate or higher degree in the study of agriculture or forestry (replacing the term American Association of State Colleges of Agriculture and Renewable Resources (ASCARR) institutions). 

 (Sec. 7102) Reduces the membership of the National Agricultural Research, Extension, Education, and Economics Advisory Board from 31 to 25. Increases maximum annual appropriations for the Board to $500,000. Extends the Board's existence through FY2012.

 (Sec. 7103) Requires the specialty crop committee to include a comprehensive analysis of the specialty crop sector in the report it provides to the Advisory Board.

(Sec. 7104) Directs the Advisory Board to establish a permanent renewable energy subcommittee to study the scope and effectiveness of research, extension, and economics programs affecting the renewable energy industry.

 (Sec. 7105) Alters the federal student loan repayment program for veterinarians who agree to serve in veterinary shortage areas by including, and giving priority to, veterinarians in the food animal medicine field. 

Disapproves a specified transfer of funds from the Cooperative State Research, Education, and Extension Service (CSREES) to the Food Safety and Inspection Service. Requires such funds to be rescinded and available for use by the veterinarian student loan repayment program.

(Sec. 7106) Makes the University of the District of Columbia eligible to compete for food and agricultural sciences education grants.

 (Sec. 7107) Allows food and agricultural sciences education grants to be made to schools with significant minority enrollments for the purpose of building their capacity for agricultural extension work. 

 (Sec. 7108) Makes extension and research efforts eligible for National Food and Agricultural Sciences Teaching Awards. Requires the Secretary to make at least one such award per fiscal year in each of the areas of teaching, extension, and research. 

 (Sec. 7109) Expands eligibility for agriscience and agribusiness teaching program grants to include Agriculture in the K-12 Classroom programs, nonprofit organizations, and additional institutions of higher education (IHEs). (Currently, the grant program is available to public secondary schools and IHEs that award an associate's degree.) Requires the Secretary to report biennially to the Congress on the distribution of funds for such teaching program.

Reauthorizes appropriations for food and agricultural sciences education grants and fellowships through FY2012.

(Sec. 7110) Repeals the grant program for research on the production and marketing of alcohols and industrial hydrocarbons from agricultural commodities and forest products.

(Sec. 7111) Lists four research centers that are eligible to receive grants under an existing program for independent research and education regarding public policy on food and agriculture. Reauthorizes appropriations through FY2012.

(Sec. 7112) Reauthorizes appropriations through FY2012 for the program providing education grants to Alaska Native- and Native Hawaiian-serving IHEs. 

Allows consortia of Native Hawaiian-serving institutions to designate fiscal agents for the members of the consortia and allocate education grant funds among their members.

(Sec. 7113) Requires the human nutrition intervention and health promotion research program to emphasize proposals that examine the efficacy of current agriculture policies in promoting the health and welfare of economically disadvantaged populations.

Reauthorizes appropriations for such program through FY2012.

(Sec. 7115) Reauthorizes appropriations through FY2012 for the pilot research program to combine medical and agricultural research.

(Sec. 7116) Changes the formula for distributing annual appropriations for the expanded food and nutrition education program, giving land-grant colleges certain amounts and percentages of those appropriations in excess of prior appropriations.

Authorizes appropriations of $90 million for such program for each of FY2009-FY2012.

(Sec. 7117) Reauthorizes appropriations for the continuing animal health and disease research programs through FY2012.

Requires the Secretary to encourage veterinary schools and state agricultural experiment stations that receive funding for such programs to cooperate in setting research priorities through the conduct of regular regional and national meetings.

(Sec. 7119) Reauthorizes appropriations through FY2012 for the program of grants for research on national and regional animal health or disease problems.

Includes the 1890 land-grant colleges in such program.

(Sec. 7121) Increases the minimum federal funding for: (1) extension programs at 1890 land-grant colleges to 20% of the amount appropriated for 1862 land-grant colleges' extension programs; and (2) research at the 1890 land-grant colleges to 30% of the amount appropriated for research at the 1862 land-grant colleges.

(Sec. 7123) Reauthorizes appropriations through FY2012 for the grant program to upgrade agricultural and food sciences facilities and equipment at 1890 land-grant colleges, including Tuskegee University.

(Sec. 7124) Establishes grant programs to upgrade agricultural and food sciences facilities and equipment at the University of the District of Columbia and insular area land-grant colleges. Authorizes appropriations of $750,000 for the UDC program and $8 million for the insular areas program for each of FY2009-FY2012.

(Sec. 7126) Reauthorizes appropriations through FY2012 for national research and training virtual centers at 1890 land-grant colleges.

(Sec. 7127) Extends through FY2012 the requirement that states completely match, from nonfederal sources, federal formula funds for research and extension activities at 1890 land-grant colleges.

(Sec. 7128) Requires that capacity-building grants to Hispanic-serving institutions be awarded on a competitive basis. Doubles the annual authorization of appropriations for such grants to $40 million through FY2012.

(Sec. 7129) Directs the Secretary of the Treasury to establish a Hispanic-Serving Agricultural Colleges and Universities Fund from which amounts will be provided to such schools annually, partly on the basis of their student enrollment, for use in funding their endowments. 

Authorizes appropriations for such Fund and to provide Hispanic-serving agricultural colleges and universities with: (1) annual payments for use in the manner prescribed for 1890 land-grant colleges; (2) competitive capacity-building grants; (3) competitive grants for fundamental and applied research in agriculture, human nutrition, food science, bioenergy, and environmental science; and (4) agricultural extension work.
 
(Sec. 7130) Directs the Secretary, when expanding the USDA's operational coordination of research, extension, and teaching programs with foreign institutions, to give priority to institutions with existing cooperative agreements with institutions in this country or federal or state agencies. 
 
Extends eligibility for participation in international research, extension, and teaching programs to Hispanic-serving agricultural colleges and universities. Adds anti-hunger, nutrition, and food availability to the purposes of such programs. Requires the Secretary to establish a program providing fellowships to U.S. or foreign students to study at foreign agricultural colleges and universities that are involved in such programs.

(Sec. 7131) Reauthorizes appropriations through FY2012 for the program of competitive grants for international agricultural science and education.

(Sec. 7132) Raises from 19% to 22% the percentage of a competitive agricultural research, education, or extension grant that an institution may use for indirect costs.

(Sec. 7133) Reauthorizes appropriations through FY2012 for: (1) competitive agricultural research equipment grants; (2) agricultural research programs; (3) agricultural extension programs; and (4) research on supplemental and alternative crops.

(Sec. 7137) Directs the Secretary to establish a New Era Rural Technology program providing grants to rural community colleges and advanced technological centers for technology development, applied research, and training to support the development of a workforce in bioenergy, agriculture-based renewable energy, and pulp and paper manufacturing. Authorizes appropriations through FY2012.

(Sec. 7138) Requires the Secretary to make competitive grants to non-land grant colleges of agriculture (NLGCAs) to assist them in building their capacity to conduct education, research, and outreach activities relating to agriculture, renewable resources, and similar disciplines. Authorizes appropriations through FY2012.

(Sec. 7139) Directs the Secretary to establish the Borlaug International Agricultural Science and Technology Fellowship program to provide fellowships for scientific training in the United States to individuals from developing countries who specialize in agricultural education, research, and extension. 

Requires such program to consist of: (1) a graduate program in agriculture; (2) a career improvement program for agricultural scientists; and (3) an agricultural policy executive leadership course for senior agricultural policy makers from such countries. Authorizes appropriations.

(Sec. 7140) Reauthorizes appropriations through FY2012 for: (1) aquaculture research and extension program grants; (2) rangeland research program grants; (3) agricultural research, education, and extension activities for biosecurity planning and response; and (4) grants to insular area IHEs for food and agricultural distance and resident education.

Subtitle B: Food, Agriculture, Conservation, and Trade Act of 1990 - 
(Sec. 7201) Amends the Food, Agriculture, Conservation, and Trade Act of 1990 to authorize appropriations through FY2012 for the National Genetics Resources Program.

(Sec. 7202) Authorizes appropriations through FY2012 for the National Agricultural Weather Information System.

(Sec. 7203) Requires that high-priority research and extension initiative grant proposals must be scientifically meritorious and involve cooperation of multiple entities in order to receive priority consideration. (Current law authorizes such proposals to be granted priority.)

(Sec. 7204) Adds specified high-priority research and extension initiatives.

Authorizes grants for research on bee colony production and health. Authorizes FY2008-FY2012 appropriations.

Directs the Secretary to increase Department capacity to address colony collapse disorder and other long-term threats to pollinator health, including the hiring of additional personnel. Authorizes FY2008-FY2012 appropriations.

Authorizes FY2008-FY2012 appropriations to conduct a nationwide honey bee pest and pathogen surveillance program.

Directs the Secretary to prioritize regional centers of excellence established for specific agricultural commodities for initiatives funding. Sets forth center criteria.

Authorizes appropriations through FY2012 for high-priority research and extension initiatives. 

(Sec. 7205) Authorizes appropriations through FY2012 for the nutrient management research and extension initiative. 

Authorizes research and extension grants for innovative methods and technologies regarding the agricultural use of animal waste and other byproducts.

(Sec. 7206) Authorizes CCC funding through FY2012 for the organic agriculture research and extension initiative. Authorizes additional appropriations through FY2012 for the initiative.

(Sec. 7207) Establishes within the Department an agricultural bioenergy feedstock and energy efficiency research and extension initiative to enhance biomass energy crop production and agricultural energy efficiency.

Directs the Secretary to develop a best-practices database.

Authorizes FY2008-FY2012 appropriations.

(Sec. 7208) Authorizes the Secretary to make research and extension grants to: (1) improve agricultural producer farm management skills; and (2) establish a publicly available financial management database to support improved farm management. Authorizes appropriations.

(Sec. 7209) Repeals the agricultural telecommunications program.

(Sec. 7210) Authorizes appropriations through FY2012 for the assistive technology program for farmers with disabilities.

(Sec. 7211) Repeals the honeybee disease research program.

(Sec. 7212) Authorizes appropriations through FY2012 for the National Rural Information Center Clearinghouse.

Subtitle C: Agricultural Research, Extension, and Education Reform Act of 1998 - 
(Sec. 7302) Amends the Agricultural Research, Extension, and Education Reform Act of 1998 to repeal: (1) the partnerships for high-value agricultural product quality research program; (2) the precision agriculture program; and (3) the Thomas Jefferson initiative for crop diversification.

(Sec. 7304) Extends, and authorizes appropriations for, the biobased products pilot program through FY2012.

(Sec. 7306) Authorizes appropriations through FY2012 for the integrated research, education, and extension grants program.

(Sec. 7307) Authorizes appropriations through FY2012 for: (1) research grants regarding wheat and barley diseases caused by Fusarium graminearum; (2) the bovine Johnne's disease control program; (3) agricultural biotechnology research and development for developing countries; and (4) the Office of Pest Management Policy.

(Sec. 7309) Authorizes appropriations through FY2012 for youth organization grants.

Authorizes funding redistribution within organizations.

(Sec. 7311) Establishes within the Department a specialty crop research and extension initiative which shall include: (1) plant breeding research to improve crop characteristics; (2) efforts to address threats from pests and diseases; (3) efforts to improve production efficiency and marketing; (4) new innovations and technology; and (5) methods to prevent and respond to potential food safety hazards.

Directs the Secretary to: (1) make CCC funds available for FY2008-FY2012; and (2) transfer specified amounts to the Office of Prevention, Pesticides, and Toxic Substances of the EPA for use in conducting a meta-analysis relating to methyl bromide. 

Authorizes additional appropriations through FY2012.

(Sec. 7312) Authorizes appropriations through FY2012 for the Food Animal Residue Avoidance Database program.

Subtitle D: Other Laws
 - (Sec. 7401) Authorizes appropriations through FY2012 for activities under the Critical Agricultural Materials Act.

(Sec. 7402) Amends the Equity in Educational Land-Grant Status Act of 1994 to include Ilisagvik College as a 1994 tribal land grant Institution.

Authorizes appropriations through FY2012 for: (1) endowments; (2) capacity building grants; and (3) research grants. 

 Redistributes endowment funds that would be paid to a 1994 Institution among other 1994 Institutions if an Institution declines to accept funds or fails to meet accreditation requirements. 

(Sec. 7403) Amends the Smith-Lever Act regarding specified cooperative extension funds for administration, technical, and related services. 

Eliminates a specified extension reporting requirement.

(Sec. 7404) Amends the Hatch Act of 1887 to: (1) require 50% matching funds from the District of Columbia in order to receive formula funds for agricultural research; and (2) eliminate penalty mail authorities for state agricultural experiment stations and the extension service.

(Sec. 7405) Amends the Research Facilities Act to authorize appropriations through FY2012 for agricultural research facilities.
 
(Sec. 7406) Amends the Competitive, Special, and Facilities Research Grant Act to replace the current competitive agricultural research and facilities grant programs with the Agriculture and Food Research Initiative which shall award grants (10-year maximum) for fundamental and applied research, extension, and education to address food and agricultural sciences. 
 
Sets forth the following priority areas: (1) plant and animal health, production, and products; (2) food safety, nutrition, and health; (3) renewable energy, natural resources, and environment; (4) agricultural systems and technology; and (5) agricultural economics and rural communities.

Authorizes FY2008-FY2012 appropriations, of which: (1) not less than 30% shall be be made available for integrated research; and (2) not more than 4% shall be made available for administrative costs.

(Sec. 7407) Amends the Agricultural Risk Protection Act of 2000 to authorize appropriations through FY2012 for carbon cycle research.

(Sec. 7408) Amends the Department of Agriculture Reorganization Act of 1994 to authorize the Secretary, in carrying out Department research functions, to exchange, sell, or otherwise dispose of &quot;qualified personal property items&quot; (an animal, an animal product, a plant, or a plant product excluding new seed varieties and germplasm) and retain and apply the proceeds to: (1) acquire qualified personal property items; or (2) offset costs related to the maintenance, care, or feeding of any qualified personal property item. 
 
(Sec. 7409) Authorizes the Secretary to establish a five-year pilot program at the Beltsville, Maryland, Agricultural Research Center to lease for not more than 30 years and at fair market value non-excess property of the Center or the national Agricultural Library to an individual or entity, including state or local agencies. 
 
(Sec. 7410) Amends the the Farm Security and Rural Investment Act of 2002 to revise the beginning farmer and rancher development grant program to: (1) establish a $250,000 per year grant limit; (2) authorize consecutive grants; (3) establish grant criteria; (4) make CCC funds available for FY2009-FY2012; and (5) authorize additional FY2008-FY2012 appropriations.

(Sec. 7411) Repeals the public education program regarding biotechnology use in producing food for human consumption.

(Sec. 7412) Amends the McIntire-Stennis Cooperative Forestry Act to authorize the participation of 1890 land grant Institutions in the McIntire-Stennis cooperative forestry program. 

(Sec. 7413) Amends the Renewable Resources Extension Act of 1978 to extend authority and authorize appropriations through FY2012 for forest and rangeland extension activities.

(Sec. 7414) Amends the National Aquaculture Act of 1980 to authorize appropriations through FY2012 for aquaculture activities.

(Sec. 7415) Authorizes construction of a Chinese Garden at the National Arboretum.

(Sec. 7416) Amends the National Agricultural Research, Extension, and Teaching Policy Act Amendments of 1985 to authorize appropriations through FY2012 for Agricultural Research Service facilities.
 
(Sec. 7417) Amends the District of Columbia Public Postsecondary Education Reorganization Act to make the University of the District of Columbia eligible for certain land-grant assistance.
 

Subtitle E: Part I: General Provisions 
- (Sec. 7502) States that the federal land and facilities at El Reno, Oklahoma (administered as the Grazinglands Research Laboratory), shall not at any time be declared to be excess or surplus federal property or otherwise be conveyed for the five-year period beginning on the date of enactment of this Act. 
 
(Sec. 7503) Authorizes the Secretary to lease land to the University of Oklahoma at the Grazinglands Research Laboratory at El Reno, Oklahoma, in furtherance of cooperative research and existing easement arrangements.

(Sec. 7504) Directs the Secretary, through the Under Secretary of Research, Education, and Economics, to begin preparation of an agricultural research, education, and extension roadmap.

(Sec. 7505) Directs the Secretary to work with extension and research university partners to identify measures to streamline the submission, reporting, and implementation of plan of work requirements under the National Agricultural Research, Extension, and Teaching Policy Act of 1977, the Hatch Act, and the Smith-Lever Act.

(Sec. 7506) Directs the President to include in the annual budget submission to Congress a single budget line item reflecting the total amount requested by the President for research, education, and extension activities of the Research, Education, and Economics mission area for the fiscal year and for the preceding five fiscal years.

Part II: Research, Education, and Economics 
- (Sec. 7511) Amends the Department of Agriculture Reorganization Act of 1994 to revise provisions respecting the Under Secretary of Agriculture for Research, Education, and Economics.

State that the Under Secretary shall hold the title of Chief Scientist of the Department. 

Directs the Under Secretary to organize the Research, Education, and Extension Office which shall consist of the following six research Divisions: (1) renewable energy, natural resources, and environment; (2) food safety, nutrition, and health; (3) plant health and production and plant products; (4) animal health and production and animal products; (5) agricultural systems and technology; and (6) agricultural economics and rural communities.

Directs the Secretary to establish within the Department the National Institute of Food and Agriculture. Transfers to the Authority: (1) capacity and infrastructure programs; (2) competitive programs; and (3) Cooperative State Research, Education, and Extension Service programs.

Part III: New Grant and Research Programs - 
(Sec. 7521) Directs the Secretary to make research and education grants for the study of antibiotic-resistant bacteria. Authorizes FY2008-FY2012 appropriations.

(Sec. 7522) Directs the Secretary to make grants to state extension services for contracts with nonprofit organizations to establish a farm and ranch stress assistance network. Authorizes FY2008-FY2012 appropriations.

(Sec. 7523) Directs the Secretary to make grants for a seed distribution program. Authorizes FY2008-FY2012 appropriations.

(Sec. 7524) Directs the Secretary to issue a required permit to the Secretary of Homeland Security for work on the live virus of foot and mouth disease at any one successor facility to the Plum Island Animal Disease Center that is charged with researching biological threats involving zoonotic and foreign animal diseases.

(Sec. 7525) Directs the Secretary to establish within the Department a natural products research program. Authorizes FY2008-FY2012 appropriations.

(Sec. 7526) Directs the Secretary to provide grants to the following sun grant centers and subcenter: (1) a north-central sun grant center at South Dakota State University for Illinois, Indiana, Iowa, Minnesota, Montana, Nebraska, North Dakota, South Dakota, Wisconsin, and Wyoming; (2) a southeastern sun grant center at the University of Tennessee at Knoxville for Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee, Virginia, the Commonwealth of Puerto Rico, and the U.S. Virgin Islands; (3) a south-central sun grant center at Oklahoma State University for Arkansas, Colorado, Kansas, Louisiana, Missouri, New Mexico, Oklahoma, and Texas; (4) a western sun grant center at Oregon State University for Alaska, Arizona, California, Hawaii, Idaho, Nevada, Oregon, Utah, Washington, and certain insular areas; (5) a northeastern sun grant center at Cornell University for Connecticut, Delaware, Massachusetts, Maryland, Maine, Michigan, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Vermont, and West Virginia; and (6) a western insular Pacific sun grant subcenter at the University of Hawaii for Alaska, Hawaii, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau.
 
Requires grants to be used to: (1) enhance national energy security through the development and implementation of biobased energy technologies; (2) promote U.S. agricultural diversification; (3) promote rural economic diversification; and (4) enhance the efficiency of bioenergy and biomass research and development programs through improved coordination and collaboration among the Department, the Department of Energy, and land-grant colleges and universities.
 
Authorizes FY2008-FY2012 appropriations.
 
(Sec. 7527) Directs the Secretary to report to the appropriate congressional committees on food deserts (areas in the United States with limited access to affordable and nutritious food, particularly areas of predominantly lower-income communities). Authorizes appropriations.
 
(Sec. 7528) Makes the personnel management demonstration project authority for temporary positions permanent.
 
(Sec. 7529) Directs the Secretary to make grants to institutions of higher education for agricultural and rural transportation research and education activities, which shall include: (1) transportation of biofuels; and (2) export of agricultural products. Authorizes FY2008-FY2012 appropriations.

Title VIII: Forestry - Subtitle A: Amendments to Cooperative Forestry Assistance Act of 1978 
 - (Sec. 8001) Amends the Cooperative Forestry Assistance Act of 1978 to set forth the following national private forest conservation funding priorities: (1) conserving and managing working forest landscapes for multiple uses; (2) protecting forests from natural or development threats; and (3) enhancing public benefits from private forests.

(Sec. 8002) Requires that a state, in order to receive funds under such Act, develop and submit to the Secretary: (1) a statewide assessment of forest resource conditions; and (2) a long-term statewide forest resource strategy. 

Authorizes: (1) FY2008-FY2012 appropriations; and (2) additional funding. 

(Sec. 8003) Authorizes the Secretary to establish the community forest and open space conservation program to provide eligible entities with grants to acquire private forest land that is: (1) threatened by nonforest use conversion; and (2) provides public benefits.

Authorizes: (1) appropriations; and (2) up to 10% of fiscal year program funds to state foresters or equivalent officials (including Indian tribal officials) for administration and technical assistance.
 
(Sec. 8004) Includes the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau in the terms &quot;United States&quot; or &quot;states&quot; for purposes of such Act.
 
(Sec. 8005) Revises provisions respecting: (1) the Forest Resource Coordinating Committee; and State Forest Stewardship Coordinating Committees.

(Sec. 8007) Directs the Secretary to: (1) allocate a portion of the funds available under such Act to state foresters or equivalent state officials; and (2) give funding priority to states whose long-term forest resource strategies will best promote specified national priorities. 

(Sec. 8008) Authorizes the Secretary to allocate not more than 5% of the funds made available under this Act for innovative national, regional, or local education, outreach, or technology transfer projects that would substantially increase the Department's ability to address specified national priorities. 

States that any state or local government, Indian tribe, land-grant college or university, or private entity shall be eligible to compete for such funds.

Subtitle B: Cultural and Heritage Cooperation Authority
 - (Sec. 8102) Defines specified terms.

(Sec. 8103) Authorizes the Secretary to: (1) permit use of National Forest System land by an Indian tribe or lineal descendant for the reburial of human remains or cultural items in the possession of the Indian tribe or lineal descendant that have been disinterred from National Forest System land or an adjacent site; and (2) recover and rebury, at federal expense or using other available funds, such human remains and cultural items.

(Sec. 8104) Directs the Secretary, to the maximum extent practicable, to ensure access to National Forest System land by Indians for traditional and cultural purposes. Authorizes the Secretary to temporarily close from public access specifically identified National Forest System land to protect such activities' privacy. 

(Sec. 8105) Authorizes the Secretary to provide without charge to Indian tribes any trees, portions of trees, or forest products from National Forest System land for traditional and cultural purposes. (Prohibits such products' use for commercial purposes.)

(Sec. 8106) Sets forth prohibitions and limitations on disclosure of information respecting human remains and cultural items.

Subtitle C: Amendments to Other Forestry-Related Laws
 - (Sec. 8201) Amends the Food, Agriculture, Conservation, and Trade Act of 1990 to authorize appropriations through FY2012 for the rural revitalization technology program.

(Sec. 8202) Amends the Global Climate Change Prevention Act of 1990 to authorize appropriations through FY2012 for the Office of International Forestry.

(Sec. 8203) Amends the Agricultural Credit Act of 1978 to authorize the Secretary to make payments to an owner of nonindustrial private forest land for post-natural disaster emergency restorative measures. Authorizes appropriations.

(Sec. 8204) Amends the Lacey Act Amendments of 1981 to include trees within the definition of &quot;plant.&quot; Redefines the term &quot;taken&quot; to include harvesting, cutting, logging, or removing a plant.

Makes it unlawful to import, export, transport, sell, receive, acquire, possess, or purchase in interstate or foreign commerce plants taken, transported, possessed, or sold: (1) in violation of foreign or state plant protection laws; (2) without the payment of required state or foreign royalties, taxes, or stumpage fees; or (3) in violation of foreign or state export limitations.

Makes it unlawful to import plants unless the importer files a declaration that contains: (1) the scientific name of any plant contained in the importation; and (2) a description of the plant's value, quantity, and country of origin.

(Sec. 8205) Amends the Healthy Forests Restoration Act of 2003 to: (1) eliminate the enrollment cap; (2) revise methods of enrollment; (3) specify provisions for tribal-owned acreage; (4) set forth cost-share and easement limitations; and (5) make CCC funds available through FY2012.

Subtitle D: Boundary Adjustments and Land Conveyance Provisions 
- (Sec. 8301) Includes 13 designated expansion units within the boundary of the Green Mountain National Forest, Vermont.

(Sec. 8302) Directs the Secretary to convey without consideration to: (1) the Chihuahuan Desert Nature Park, Inc. (a nonprofit corporation in New Mexico) by quitclaim deed, and for no consideration, specified land in Dona Ana County, New Mexico, for educational or scientific use; and (2) the Central Advent Christian Church, Alleghany County, Virginia, specified real property including a cemetery in the George Washington National Forest, Alleghany County, Virginia. 

(Sec. 8303) Authorizes the Secretary to sell or exchange specified National Forest System land in Bennington County, Vermont, to the Bromley Mountain Ski Resort, Inc., or to another party if a contract with Bromley is not agreed upon within a specified time.

Subtitle E: Miscellaneous Provisions 
- (Sec. 8401) Authorizes the Secretary, through the Forest Service, to cancel or redetermine the contract rate if the rate at which a qualifying timber contract would be advertised is at least 50% less than the sum of the original bid rates for all of the species of timber that are the subject of the qualifying contract. 

(Sec. 8402) Authorizes the Secretary to make grants to Hispanic-serving institutions (as defined by this Act) for an undergraduate scholarship program to assist in the recruitment and training of Hispanics and other underrepresented groups in forestry and related fields. Authorizes FY2008-FY2012 appropriations.

Title IX: Energy
 &#150; (Sec. 9001) Amends the Farm Security and Rural Investment Act of 2002 to reauthorize and revise provisions concerning federal procurement of biobased products, grants for biorefineries, the biodiesel fuel education program, energy efficiency and renewable energy assistance for farmers and rural small businesses, and biomass research and development. 

Requires federal procuring agencies to: (1) establish a procurement program, develop procurement specifications, and procure biobased products identified under the Secretary of Agriculture's (Secretary's) guidelines; and (2) give a procurement preference to items described in such guidelines that are composed of the highest percentage of biobased products practicable or comply with the Resources Conservation Recovery Act. Sets forth exceptions to such requirement.

Requires the Secretary to prepare and periodically revise guidelines for complying with such requirements. Requires the guidelines to: (1) designate those items that are or can be produced with biobased products that will be subject to procurement preference; (2) designate intermediate ingredients and feedstocks that are or can be used to produce such items; (3) automatically designate items composed of in excess of 50% of such ingredients and feedstocks; (4) set forth recommended practices with respect to the procurement of biobased products and items containing such materials; (5) provide information as to the availability, relative price, performance, and environmental and public health benefits of such materials and items; and (6) apply to the purchase or acquisition of any item s p the price of which exceeds $10,000 or the quantity of which purchased or acquired during the preceding fiscal year was at least $10,000.

Prohibits such guidelines from requiring manufacturers or vendors of biobased products to provide to procuring agencies more data than would be required to be provided by manufacturers or vendors of other products, other than data confirming the biobased content of a product.

Requires the Office of Federal Procurement Policy to: (1) annually collect the information required to be reported under the biobased market program and make it publicly available; and (2) take a leading role in informing federal agencies about procurement requirements for biobased products.

Declares that procurement by federal agencies that is subject to regulations of the Administrator of the Environmental Protection Agency (EPA) under the Solid Waste Disposal Act is not subject to the requirements of this Act if such requirements are inconsistent with those regulations.

Requires the Secretary to consult with representatives from businesses, academia and other federal agencies and persons, as well as the Administrator, in issuing criteria for products that qualify to receive the USDA Certified Biobased Product label.

Requires the Secretary to: (1) establish a program to recognize federal agencies and private entities that use a substantial amount of biobased products; and (2) encourage federal agencies to establish incentive programs to recognize federal employees or contractors that make exceptional contributions to the expanded use of such products.

Declares that the Biobased Markets Program does not apply to the procurement of heating oil as well as motor vehicle fuels or electricity. Requires the Architect of the Capitol, the Sergeant at Arms of the Senate, and the Chief Administrative Officer of the House of Representatives to consider the biobased product designations made under such program in making procurement decisions for the Capitol Complex.

Requires the Secretary to establish a national registry of testing centers for biobased products that will serve product manufactures.

Requires the Secretary to use specified amounts of the Commodity Credit Corporation's funds to provide mandatory funding for biobased products testing and labeling. Authorizes appropriations for FY2008-FY2012.

Requires the Secretary to make available to eligible entities: (1) grants to assist in paying the costs of the development and construction of demonstration-scale biorefineries to demonstrate the commercial viability of processes for converting renewable biomass to advanced biofuels; and (2) guarantees for loans made to fund the development, construction, and retrofitting of commercial-scale biorefineries using eligible technology. Defines &quot;eligible entity&quot; as an individual, entity, Indian tribe, or a state or local government, including a corporation, a farm cooperative, a farmer cooperative organization, an association of agricultural producers, the National Laboratory, an institution of higher education, a rural electric cooperative, a public power entity, or a consortium of those entities.

Requires the Secretary to establish a priority scoring system for reviewing grant applications that considers: (1) the potential market for the advanced biofuel and byproducts; (2) the level of financial participation by the applicant, including support from nonfederal and private sources; (3) whether the applicant is proposing to use a feedstock not previously used in the production of advanced biofuels; (4) whether the applicant is proposing to work with producer associations or cooperatives; (5) whether the applicant has established that adoption of the process proposed will have a positive impact on resource conservation, public health, and the environment; (6) the potential for rural economic development; (7) whether the area in which the applicant proposes to locate the biorefinery has other similar facilities; (8) whether the project can be replicated; and (9) scalability for commercial use.

Authorizes the grantee share of project costs to be made in the form of cash or material (currently, costs can be made in the form of cash, or the provision of services, material, or other in-kind contributions). Limits the amount of the grantee share that is made in the form of material to 15% (currently, 25%) of the amount of the grantee share.

Requires the Secretary to establish a priority scoring system to select loan guarantees for biorefinery assistance that considers: (1) whether the applicant has established a market for the advanced biofuel and byproducts; (2) whether the area in which the applicant proposes to place the biorefinery has other similar facilities; (3) whether the applicant is proposing to use a feedstock not previously used in the production of advanced biofuels; (4) whether the applicant is proposing to work with producer associations or cooperatives; (5) the level of financial participation by the applicant, including support from nonfederal and private sources; (6) whether the applicant has established that the adoption of the process proposed in the application will have a positive impact on resource conservation, public health, and the environment; (7) whether the applicant can establish that if adopted, the biofuels production technology proposed in the application will not have any significant negative impacts on existing manufacturing plants or other facilities that use similar feedstocks; (8) the potential for rural economic development; (9) the level of local ownership proposed in the application; and (10) whether the project can be replicated.

Sets forth the maximum amount and percentage of loan guarantees.

Requires specified amounts of Commodity Credit Corporation funds the Secretary uses for the cost of loan guarantees to remain available for FY2009-FY2010. Authorizes appropriations for FY2009-FY2012.

Requires the Secretary to encourage biorefineries in existence on the date of this Act's enactment to replace fossil fuels used to produce heat or power to operate the biorefineries by making payments for: (1) the installation of new systems that use renewable biomass; or (2) the new production of energy from renewable biomass. Sets forth factors the Secretary shall consider in determining the amount of such payments.

Establishes the Bioenergy Program for Advanced Biofuels. Requires the Secretary to make payments (based on specified factors) to eligible producers of advanced biofuels to support and ensure an expanding production of advanced biofuels. 

Requires the Secretary, in consultation with the Secretary of Energy, to establish a Rural Energy for America Program to promote energy efficiency and renewable energy development for agricultural producers and rural small businesses through: (1) grants for energy audits and renewable energy development assistance; and (2) financial assistance for energy efficiency improvements and renewable energy systems. Requires the Secretary to make competitive grants to eligible entities to provide assistance to such producers and businesses to become more energy efficient and use renewable energy technologies and resources. Defines &quot;eligible entity&quot; as a state, tribal, or local government, an institution of higher education, a rural electric cooperative or public power entity, and other similar entities. Sets forth grant selection criteria. Authorizes the Secretary to provide grants to an agricultural producer or a rural small business to conduct a feasibility study for an eligible project. Limits the amounts and use of such grants. Requires the Secretary to report to Congress on the implementation of the Program.

Repeals the Energy Audit and Renewable Energy Development Program and provisions concerning grants to farmers, ranchers, and rural small businesses for purchasing renewable energy systems and making energy efficiency improvements.

Requires the Secretary and the Secretary of Energy to coordinate policies and procedures that promote research and development regarding the production of biofuels and biobased products. Establishes the Biomass Research and Development Board to: (1) coordinate research and development activities relating to biofuels and biobased products between the Department of Agriculture and the Department of Energy and with other federal departments; (2) provide recommendations to the agencies' points of contacts concerning administration of biomass research and development; (3) ensure that solicitations are open and competitive with awards made annually and that objectives and evaluation criteria of the solicitations are clearly stated and minimally prescriptive with no areas of special interest; and (4) ensure that the panel of scientific and technical peers assembled to review proposals is composed predominantly of independent experts selected from outside such departments.

Establishes the Biomass Research and Development Technical Advisory Committee to: (1) advise the agencies' points of contacts with respect to the Biomass Research and Development Initiative established by this Act; and (2) evaluate and make certain recommendations to the Board regarding the Initiative.

Requires the Secretary and the Secretary of Energy, acting through their respective points of contact and in consultation with the Board, to establish a Biomass Research and Development Initiative under which competitively awarded grants, contracts, and financial assistance are provided to, or entered into with, eligible entities to carry out research on and development and demonstration of: (1) biofuels and biobased products; and (2) the methods, practices, and technologies for the production of biofuels and biobased products. Sets forth the Initiative's objectives. Requires the Secretary and the Secretary of Energy to direct the Initiative in: (1) feedstocks development; (2) biofuels and biobased product development; and (3) biofuels development analysis. Defines &quot;eligible entities&quot; for such grants, contracts, or assistance as an institution of higher education, a National Laboratory, a federal or state research agency, a private entity, a nonprofit organization, or a consortium of such entities. Authorizes the Secretary and the Secretary of Energy to provide administrative support and funds to the Board and the Committee. Requires the Secretary and the Secretary of Energy to report to Congress on such Initiative. 

Requires the Secretary to: (1) establish a Rural Energy Self-Sufficiency Initiative to provide financial assistance to enable eligible rural communities to substantially increase their energy self-sufficiency; and (2) give preference to grant applicants that propose to act in coordination with specified entities. Requires grant recipients to report to the Secretary on the community's project.

Sets forth mandatory funding provisions and authorizes appropriations for FY2009-FY2012 for loan guarantees, the Biodiesel Fuel Education Program, the Bioenergy Program for Advanced Biofuels, the Rural Energy for America Program, the Biomass Research and Development Initiative, and the Rural Energy Self-sufficiency Initiative.

Establishes the Feedstock Flexibility Program for Bioenergy Producers. Requires the Secretary to purchase eligible commodities from eligible entities and sell them to bioenergy producers. Declares that the purchase and sale of such commodities shall only be made in the crop years in which the purchases and sales are necessary to ensure that the sugar commodity program is operated at no cost to the federal government by avoiding forfeitures to the Corporation. Provides for the disposition, transfer, and storage of commodities.

Requires the Secretary to establish and administer a Biomass Crop Assistance Program to: (1) support the establishment and production of eligible crops for conversion to bioenergy in selected project areas; and (2) assist agricultural and forest land owners and operators with the collection, harvest, storage, and transportation of eligible material for use in a biomass conversion facility. Requires the Secretary to provide financial assistance to producers of eligible crops in a project area. Sets forth project area selection criteria and the amount of payments to producers. Requires the Secretary to report to specified congressional committees on the dissemination of best practice information gathered from program participants.

Requires the Secretary, acting through the Forest Service, to conduct a competitive research and development program to encourage the use of forest biomass for energy. Sets forth priorities for project selection. Authorizes appropriations for FY2009-FY2012.

Requires the Secretary, acting through the Chief of the Forest Service, to establish the Community Wood Energy Program to provide: (1) grants to state and local governments to develop community wood energy plans; and (2) competitive grants to state and local governments to acquire or upgrade community wood energy systems. Requires grant recipients to provide funds that match the federal government's contribution. Authorizes appropriations for FY2009-FY2012.

Repeals the Biomass Research and Development Act of 2000. 

(Sec. 9002) Requires the Secretary, the Secretary of Energy, the Administrator, and the Secretary of Transportation to jointly conduct a study on the infrastructure needs and development approaches for expanding the domestic production, transport, and distribution of biofuels.

(Sec. 9003) Requires the Secretary to study and report to specified congressional committees on the current state of knowledge regarding the potential for the production of fertilizer from renewable energy sources in rural areas, including: (1) identification of the critical challenges to commercialization of rural production of nitrogen and phosphorus-based fertilizer from renewables; (2) processes and technologies for renewable fertilizer production; (3) the potential cost-competitiveness of renewable fertilizer; and (4) the potential impacts of renewable fertilizer on fossil fuel use and the environment. Authorizes appropriations for FY2009.

Title X: Horticulture and Organic Agriculture 
- (Sec. 10001) Defines specified terms.

Subtitle A: Horticulture Marketing and Information
 - (Sec. 10101) Directs the Secretary to provide for an independent evaluation of Department commodity purchasing processes respecting the use of specified funds for perishable commodity purchases.

(Sec. 10102) Amends the Agricultural Adjustment Act, reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, to require that imported clementines comply with U.S. clementine quality requirements.

(Sec. 10103) Amends the Census of Agriculture Act of 1997 to include specialty crops in the agriculture census.

(Sec. 10104) Amends the Mushroom Promotion, Research, and Consumer Information Act of 1990 with respect to Mushroom Council membership. Authorizes the Council to develop and propose to the Secretary good handling practices for mushrooms.

(Sec. 10105) Authorizes the Secretary to carry out a food safety education program respecting: (1) scientifically proven practices for reducing microbial pathogens on fresh produce; and (2) methods of reducing the threat of cross-contamination of fresh produce through sanitary handling practices. Authorizes FY2008-FY2012 appropriations.

(Sec. 10106) Amends the Farmer-to-Consumer Direct Marketing Act of 1976 respecting the farmers' market promotion program to: (1) provide CCC funding through FY2012, of which at least 10% shall be used to support the use of electronic benefits transfers for federal nutrition programs at farmers' markets; and (2) include agri-tourism as a program purpose.

(Sec. 10107) Directs the Secretary to carry out specialty crop market news activities. Authorizes FY2008-FY2012 appropriations.

(Sec. 10108) Directs the Secretary to determine the appropriateness of establishing a federal marketing order for Haas avocados. Authorizes an existing organization of domestic avocado producers to request the issuance of, and submit to the Secretary a proposal for, such order.

(Sec. 10109) Amends the Specialty Crops Competitiveness Act of 2004 with respect to the specialty crop block grant program to: (1) include horticulture within the definition of &quot;specialty crop&quot;; (2) include Guam, American Samoa, the U.S. Virgin Islands, and the Northern Mariana Islands within the definition of &quot;state&quot;; (3) authorize the program and program appropriations through FY2012; (4) revise minimum state grant amounts; and (5) permit state reallocation of unused funds.

Subtitle B: Pest and Disease Management
 - (Sec. 10201) Amends the Plant Protection Act to direct the Secretary to: (1) enter into an agreement with each state department of agriculture that agrees to conduct early plant pest detection and surveillance activities; (2) establish a threat identification and mitigation program to address domestic crop threats; and (3) provide funds and technical assistance to specialty crop growers and organizations and state and local agencies working with growers and organizations for audit-based certification systems and nursery plant pest risk management systems. Makes CCC funds available beginning with FY2009.

States that: (1) Congress disapproves a specified rule submitted by the Secretary relating to cost-sharing for animal and plant health emergency programs; and (2) such rule shall have no force or effect.

(Sec. 10202) Directs the Secretary to establish the National Clean Plant Network under which the Secretary shall establish a network of clean plant centers for diagnostic and pathogen elimination services. Makes CCC funds available for FY2009-FY2012.

(Sec. 10203) Amends the Plant Protection Act to: (1) revise the Secretary's subpoena authority; and (2) include a separate civil penalty for willful violations.

(Sec. 10204) Directs the Secretary to: (1) take action on issues identified in the 2007 document &quot;Lessons Learned and Revisions under Consideration for APHIS' Biotechnology Framework&quot;; and (2) promulgate regulations to improve the management and oversight of articles regulated under the Plant Protection Act. 

(Sec. 10205) Establishes in the Treasury the Pest and Disease Revolving Loan Fund to provide loans to local governments for purchases of authorized equipment to monitor, dispose of, and replace infested trees in quarantine areas. Authorizes appropriations.

(Sec. 10206) Authorizes a state to provide to an eligible unit of local government any cost-sharing assistance or financing mechanism provided to the state under a plant pest control agreement between the Secretary and the state. 

Subtitle C: Organic Agriculture 
- (Sec. 10301) Amends the Farm Security and Rural Investment Act of 2002 with respect to the national organic certification cost-share program to: (1) make CCC funds available for FY2008; (2) increase the maximum amount available to a producer or handler; and (3) establish an annual reporting requirement.

(Sec. 10302) Amends the Farm Security and Rural Investment Act of 2002 to revise organic production and market data collection provisions. Makes CCC funds available, and authorizes additional FY2008-FY2012 appropriations, for such activities.

(Sec. 10303) Amends the Organic Foods Production Act of 1990 to authorize FY2008-FY2012 appropriations, and additional appropriations as necessary beginning with FY2009, for the national organic program.

Subtitle D: Miscellaneous 
- (Sec. 10401) Amends the Honey Research, Promotion, and Consumer Information Act to prohibit termination of the existing Honey Board without a referendum among honey producers, importers, packers, and handlers.

(Sec. 10402) Amends the Agricultural Marketing Act of 1946 to require that the Department's grading, statement, or inspection mark on packaged honey be located in close proximity to the country of origin label.

(Sec. 10403) Authorizes the Secretary to make matching grants to state and local governments, grower cooperatives, and producer and shipper organizations to improve the cost-effective movement of specialty crops. Authorizes FY2008-FY2012 appropriations.

(Sec. 10404) Directs the Secretary to make market loss payments to 2007 asparagus producers for 2004-2007 import-caused losses. 

Makes CCC funds available for producers of fresh market and processed or frozen market asparagus.

Title XI: Livestock
 - (Sec. 11001) Amends the Agricultural Marketing Act of 1946 to revise livestock mandatory reporting provisions. Authorizes appropriations.

(Sec. 11002) Revises country of origin labeling provisions to: (1) include as covered commodities goat meat, macadamia nuts, chicken, ginseng, and pecans; (2) specify labeling requirements for products that are of U.S. country of origin, multiple countries of origin, imported for immediate slaughter, and from a foreign country of origin; (3) specify country of origin requirements for ground beef, ground pork, ground lamb, ground chicken, or ground goat; (4) specify U.S. country of origin labeling requirements for fish, perishable agricultural commodities, ginseng, peanuts, pecans, and macadamia nuts; and (5) authorize the Secretary to conduct related compliance audits and levy fines for noncompliance.

(Sec. 11003) Amends the Agricultural Fair Practices Act of 1970 to redefine &quot;association of producers&quot; and &quot;handler.&quot;

(Sec. 11004) Amends the Packers and Stockyards Act, 1921 to direct the Secretary to report annually to Congress respecting the number of investigations into possible violations of such Act, including the length of time that investigations are pending with the Grain Inspection, Packers and Stockyards Administration, the General Counsel of the Department of Agriculture, and the Department of Justice. Terminates such reporting requirement effective September 30, 2012.

(Sec. 11005) Authorizes a poultry grower or swine producer to cancel a production contract not later than the later of: (1) three business days after the contract is executed; or (2) any contracted cancellation date. 

Sets forth contract provisions respecting: (1) additional large investments; (2) choice of state law and federal district court venue; and (3) arbitration.

(Sec. 11006) Requires the Secretary to promulgate specified regulations under the Packers and Stockyards Act, 1921.

(Sec. 11007) Expresses the sense of Congress that the pseudorabies eradication and the cattle fever tick eradication programs are high priorities.

(Sec. 11009) Amends the Consolidated Farm and Rural Development Act with respect to the National Sheep Industry Improvement Center to: (1) eliminate the requirement that the National Sheep Industry Improvement Center privatize its revolving fund; (2) provide for mandatory CCC funding for FY2008; and (3) authorize FY2008-2012 appropriations. 

(Sec. 11010) Directs the Secretary to establish a voluntary trichinae certification program which shall include the facilitation of pork exports. 

Amends the Animal Health Protection Act to authorize FY2008-FY2012 appropriations for: (1) such certification program; and (2) disease-related restrictions on U.S. livestock exports. 

(Sec. 11011) Directs the Secretary to compensate industry participants and state agencies for all eligible costs relating to cooperative programs to control low pathogenic diseases.

(Sec. 11012) Establishes a separate civil penalty for a willful violation of the Animal Health Protection Act. 

Revises subpoena provisions.

(Sec. 11013) Authorizes: (1) the Secretary to enter into a cooperative agreement with an eligible entity to carry out a national aquatic health plan project for detecting, controlling, or eradicating diseases of aquaculture species and promoting species-specific best management practices; and (2) FY2008-FY2012 appropriations. 

(Sec. 11014) Directs the Secretary to evaluate and report on the role of animal manure as a source of fertilizer and its potential additional uses. 

(Sec. 11015) Amends the Federal Meat Inspection Act to authorize the Secretary, in cooperation with the appropriate state agency, to select eligible state inspected establishments with not more than 25 employees to ship carcasses and meat items in interstate commerce.

Authorizes the Secretary to select eligible state inspected establishments with more than 25 but less than 35 employees to ship carcasses and meat items in interstate commerce but requires that such establishments transition to a federal establishment within three years.

Directs the Secretary to: (1) reimburse at least 60% of state costs for inspection of selected establishments; and (2) designate a federal employee as a coordinator for each state agency that has an inspection program.

Sets forth auditing provisions.

Directs the Secretary to establish within the Food Safety Inspection Service (FSIS) an inspection training division to coordinate outreach, education, training, and technical assistance of very small and certain small establishments. 

Authorizes the Secretary to provide grants to appropriate state agencies to help establishments transition to selected establishments.

States that a selected establishment in violation of such Act shall be transitioned to a federal establishment.

Adds similar provisions to the Poultry Products Inspection Act.

(Sec. 11016) Amends the Agricultural Marketing Act of 1946 to establish in the Department a voluntary fee based grading program for: (1) catfish; and (2) other species of farm-raised fish or farm-raised shellfish.

Amends the Federal Meat Inspection Act to include catfish as a species subject to inspection when used for human consumption. Directs the Secretary, with respect to a meat food product derived from catfish, to take into account the conditions under which the catfish is raised and transported to a processing establishment.

(Sec. 11017) Amends the Federal Meat Inspection Act and the Poultry Products Inspection Act to require that an establishment subject to inspection that believes, or has reason to believe, that an adulterated or misbranded meat or meat food or poultry or poultry product received by or originating from such establishment has entered into commerce shall promptly notify the Secretary. 

Title XII: Crop Insurance and Disaster Assistance Programs - Subtitle A: Crop Insurance and Agricultural Disaster Assistance 
- (Sec. 12001) Amends the Federal Crop Insurance Act to define &quot;organic crop.&quot;

(Sec. 12003) Reduces the statutory national loss ratio for the federal crop insurance program to 1.0.

(Sec. 12004) Prohibits reducing premiums, offering premium rebates, or making other inducements to purchase crop insurance either before or after insurance has been purchased, except for: (1) administrative fees; (2) performance-based discounts; or (3) patronage dividends from certain cooperatives.

(Sec. 12005) Prohibits individuals from collecting commissions as crop insurance agents on policies in which they or members of their immediate family (as defined by this section) have a substantial beneficial interest if more than 30% of their total commissions are derived from policies sold on operations that they or their immediate family have beneficial interests in for the reinsurance year.

(Sec. 12006) Increases the fee for catastrophic risk protection coverage to $300 per crop per county.

(Sec. 12007) Provides that beginning with the 2012 reinsurance year the billing date for crop insurance premiums shall be August 15. 

(Sec. 12008) Reduces the reimbursement rate for existing insurance plans by 2%. 

(Sec. 12009) Directs the Federal Crop Insurance Corporation (FCIC) to develop and implement a pricing methodology for grain sorghum under the production and revenue-based plans of insurance.

(Sec. 12010) Eliminates the authority of an approved insurance provider to reduce premiums (premium reduction plans).

(Sec. 12011) Authorizes FCIC to carry out a pilot program under which it pays up to 80% of the premiums for higher coverage insurance plans for which the insurable unit is defined on a whole farm or enterprise unit basis. 

(Sec. 12012) Establishes FCIC premium subsidy amounts for area revenue insurance plans and area yield insurance plans based on: (1) the percentage of the recorded county yield indemnified; and (2) the sum of a percentage of the premium established for additional catastrophic risk protection and the amount determined to cover operating and administrative expenses for additional catastrophic risk protection. 

(Sec. 12013) Provides that a claim denied by an insurance provider may be appealed in federal district court if the claim is denied by the provider on behalf of FCIC.

(Sec. 12014) Authorizes a producer with farm-stored production to delay settlement of a crop insurance claim relating to such production for up to four months. 

Directs the Secretary to study the insurance-related efficacy and accuracy of the application of pack factors regarding the measurement of farm-stored production.

(Sec. 12015) Directs FCIC, beginning with the 2012 reinsurance year, to reimburse insurance providers and agents for administrative and operating costs as soon as practicable after October 1 (but not later than October 31) after the reinsurance year for which reimbursements are earned.

(Sec. 12016) Sets forth administrative and operating reimbursement rates.

(Sec. 12017) Authorizes FCIC to renegotiate the financial terms and conditions of each Standard Reinsurance Agreement: (1) to be effective for the 2011 reinsurance year beginning July 1, 2010; and (2) once during each period of five reinsurance years (with an exemption from the five year period, and upon congressional notification, if the insurance companies experience unexpected adverse circumstances). 

(Sec. 12018) Directs FCIC, as of the 2011 reinsurance year, to make payments for underwriting gain payments on: (1) October 1, 2012, for the 2011 reinsurance year; and (2) October 1 of the following calendar year for each subsequent reinsurance year.

(Sec. 12019) Directs FCIC to promulgate provisions specific to malting barley taking into consideration any market condition changes.

(Sec. 12020) Defines &quot;native sod&quot; as land: (1) on which the plant cover is composed principally of native grasses, grasslike plants, forbs, or shrubs suitable for grazing and browsing; and (2) that has never been tilled for the production of an annual crop. 

Makes native sod acreage (in excess of five acres) that has been tilled for the production of an annual crop ineligible for crop insurance and noninsured crop disaster assistance during the first five crop years of planting.

Provides for such provision's applicability to native sod acreage in the Prairie Pothole National Priority Area at the election of the respective state's governor.

 (Sec. 12021) Authorizes FCIC to use insurance funds for: (1) program compliance information management for FY2008-FY2011; and (2) data mining.

(Sec. 12022) Revises provisions regarding FCIC reimbursement of research and development costs for an applicant who submits an insurance plan that is approved by FCIC for producer sale. 

Authorizes advance payments.

(Sec. 12023) Requires that: (1) FCIC enter into one or more contracts to improve federal crop insurance policies for crops produced under the national organic program; (2) such contract include a review of the underwriting, risk, and loss experience of organic crops as compared with the same crops produced in the same counties and during the same crop years using nonorganic methods; and (3) FCIC eliminate or reduce the organic crop premium surcharge unless such review documents significant and consistent loss history variations between organic and nonorganic crops.

Requires that FCIC offer to enter into one or more contracts for research and development regarding a policy to insure dedicated energy crops.

Defines &quot;dedicated energy crop&quot; as a crop that is: (1) grown expressly for the purpose of producing a feedstock for renewable biofuel, renewable electricity, or biobased products; and (2) not typically used for food, feed, or fiber.

Requires that FCIC offer to enter into three or more contracts for research and development regarding a policy to insure the production of aquacultural species in aquaculture operations, including at least one contract for each of bivalve species, freshwater species, and saltwater species.

Defines &quot;aquaculture&quot; as the propagation of aquatic species in controlled or selected environments including shellfish cultivation on grants or leased bottom and ocean ranching, excluding private ocean ranching of Pacific salmon in any state in which such ranching is prohibited.

Requires that FCIC offer to enter into: (1) one or more contracts for research and development regarding a policy to insure commercial poultry production; (2) a contract for research and development regarding insurance policies that cover loss of bees; (3) a contract for research and development into modifications of adjusted gross revenue insurance policies for coverage of beginning producers with no previous production history; and (4) a contract for research into modifications of policies to insure corn and sorghum produced in the Central Great Plains by skiprow cropping practices. 

(Sec. 12024) Reduces insurance Fund amounts for: (1) reimbursement of research and development for new crop insurance products; and (2) contracting and partnerships.

Authorizes FCIC to use specified amounts of unused funding to improve program integrity.

(Sec. 12025) Directs FCIC to establish: (1) a camelina (a biofuel plant) pilot program under which producers may propose insurance plans for FCIC approval; (2) a nondehiscent sesame crop insurance pilot program in Texas; and (3) a grass seed insurance pilot program in Minnesota and North Dakota.

(Sec. 12026) Directs the Secretary to place special emphasis in utilizing funds to address the needs of farmers in underserved states to assist in risk management strategies of beginning farmers and ranchers, immigrant farmers and ranchers, socially disadvantaged farmers and ranchers, farmers and ranchers preparing to retire and engaged in transition strategies to help beginning farmers get established, and established farmers and ranchers seeking to shift practices and marketing to pursue new markets.

(Sec. 12027) Amends the Federal Agriculture Improvement and Reform Act of 1996 to provide coverage for drought-caused aquaculture losses under the noninsured crop assistance program.

(Sec. 12028) Increases noninsured crop assistance program fees.

(Sec. 12029) Amends the U.S. Troop Readiness, Veterans Care, Katrina Recovery, and Iraq Accountability Appropriations Act of 2007 to prohibit the Farm Service Agency (FSA) from utilizing yield data collected from a sweet potato crop insurance pilot program to determine losses for the crop disaster assistance program. 

(Sec. 12030) Directs the Secretary to report to the appropriate congressional committees regarding activities and administrative options of the FCIC and Risk Management Agency that address: (1) declining yields on producer production histories; and (2) declining and variable yields for perennial crops, including pecans.

(Sec. 12031) States that the Secretary shall not modify the definition of &quot;basic unit&quot; in accordance with certain proposed regulations relating to common crop insurance.

(Sec. 12032) Amends the Department of Agriculture Reorganization Act of 1994 to allow producers to utilize both informal agency review and mediation to resolve a crop insurance claim dispute.

(Sec. 12033) Amends the Federal Crop Insurance Act to direct the Secretary to use funds from the Agricultural Disaster Relief Trust Fund for: (1) crop disaster assistance payments to eligible producers on farms in disaster counties that have incurred crop production losses or crop quality losses, or both, during the crop year; (2) livestock indemnity payments to eligible producers on farms that have incurred livestock death losses in excess of the normal mortality due to adverse weather during the calendar year, including losses due to hurricanes, floods, blizzards, disease, wildfires, extreme heat, and extreme cold; (3) compensation for losses to eligible livestock producers due to grazing losses for covered livestock due to drought or fire; (4) emergency relief to eligible producers of livestock, honey bees, and farm-raised fish for losses due to disease, adverse weather, or other conditions such as blizzards and wildfires; and (5) assistance to eligible commercial orchardists and nursery tree growers for natural disaster-caused losses.

(Sec. 12034) Directs the Secretary to transfer to the Secretary of Commerce specified CCC funds for FY2008 for distribution to commercial and recreational members of the fishing communities affected by the salmon fishery failure in California, Oregon, and Washington designated under the Magnuson-Stevens Fishery Conservation and Management Act on May 1, 2008.

Subtitle B: Small Business Disaster Loan Program
 - Small Business Disaster Response and Loan Improvements Act of 2008 - (Sec. 12052) Defines specified terms.

Part 1: Disaster Planning and Response 
- (Sec. 12061) Amends the Small Business Act to provide economic injury disaster loans to private nonprofit organizations.

(Sec. 12062) Provides for Small Business Administration (SBA) coordination of disaster assistance programs with the Federal Emergency Management Agency (FEMA).

(Sec. 12063) Provides for SBA-FEMA coordination regarding disaster assistance application periods.

Directs SBA to create a marketing and outreach plan to convey disaster assistance eligibility and application requirements.

(Sec. 12064) Directs SBA to study whether its disaster loan program operating procedures are consistent with its regulations.

(Sec. 12065) Increases the loan amount under which collateral is not required.

(Sec. 12066) Authorizes SBA to contract with qualified private contractors to process disaster loans. 

(Sec. 12067) Directs SBA to develop and implement a centralized information system to track communications between SBA personnel and disaster assistance applicants. 

(Sec. 12068) Provides for an optional four-year loan deferment period. 

(Sec. 12069) Directs SBA to maintain a backup disaster processing operation in a separate geographic location from the primary processing operation which must be capable of taking over all disaster loan processing within two days. Authorizes appropriations.

(Sec. 12070) Prohibits the imposition of loan terms that require the borrower to pay any non-amortized (supplemental) amounts during the first five years of repayment.

(Sec. 12071) Adds ice storms and blizzards to the list of enumerated disasters for which a small business disaster may be declared. 

(Sec. 12072) Directs SBA to: (1) amend the 2006 Atlantic hurricane season disaster response plan to apply to major disasters and report to the appropriate committees detailing such amendments; and (2) conduct a biennial disaster simulation exercise.

(Sec. 12073) Directs SBA to create a new position dedicated to disaster planning and readiness. States that such person shall: (1) not be an SBA Office of Disaster Assistance employee; and (2) have proven management ability and disaster planning experience.

(Sec. 12074) Authorizes SBA to ensure that the number of full-time equivalent employees is at least: (1) 800 in the Office of the Disaster Assistance; and (2) 1,000 in the Disaster Cadre of the Administration.

(Sec. 12075) Directs SBA to implement a comprehensive written disaster response plan which shall include: (1) an assessment of the various types of disasters likely to occur in each SBA region; (2) an analysis of the SBA's response needs to each disaster; and (3) guidelines for coordination with federal, state, and local authorities. 

Directs SBA to include such information in its annual congressional report.

(Sec. 12076) Directs SBA to: (1) develop long-term plans to secure sufficient office space to accommodate an expanded disaster workforce; and (2) include such information in its annual congressional report.

(Sec. 12078) Increases the maximum outstanding loan amounts available to borrowers to $2 million, subject to SBA discretion to increase such cap based upon economic conditions in the affected disaster region.

(Sec. 12079) Authorizes SBA to guarantee: (1) any surety against loss on a bid bond, payment bond, or performance bond that does not exceed $5 million; and (2) disaster reconstruction-related bonds in amounts of up to $10 million upon the request of the federal agency involved in reconstruction efforts.

Requires that such initiatives be carried out with amounts appropriated in advance specifically for such purpose. 

Part 2: Disaster Lending
 - (Sec. 12081) Amends the Small Business Act to provide that if: (1) the President declares a major disaster (as described by this section) SBA may declare eligibility for additional disaster assistance; and (2) SBA declares eligibility for additional disaster assistance it may make such loans to eligible small business concerns located anywhere in the United States.

(Sec. 12083) Directs SBA to carry out the Private Disaster Assistance program under which the SBA may guarantee payment of principal and interest on any loan (maximum loan amount of $2 million) made to an eligible small business concern located in a disaster area and to an eligible individual. Prohibits guarantee fees.

Defines specified terms.

Provides that amounts for such loans shall be made available from SBA disaster assistance appropriations. Authorizes SBA to enter into an agreement with a qualified private lender or preferred lender to purchase a guaranteed loan. 

(Sec. 12084) Directs SBA carry out the Immediate Disaster Assistance program under which SBA participates on a deferred (guaranteed) basis in 85% of the balance of the financing outstanding at the time of disbursement of the loan if such balance is less than or equal to $25,000 for disaster-affected businesses. Prohibits a prepayment penalty.

(Sec. 12085) Directs SBA to establish an expedited disaster assistance business loan program under which SBA may, on an expedited basis, guarantee payment of principal and interest on any loan (maximum loan amount of $150,000) made to an eligible small business. Prohibits a prepayment penalty.

Requires that SBA report to the Senate Committee on Small Business and Entrepreneurship and the House Committee on Small Business regarding the program.

Authorizes appropriations. 

(Sec. 12086) Authorizes SBA to carry out a program to refinance Gulf Coast disaster loans (certain small business loans made in response to Hurricanes Katrina, Rita, or Wilma of 2005).

Limits the amount of a refinanced Gulf Coast disaster loan to the amount of the original loan.

Authorizes appropriations.

Part 3: Miscellaneous
 - (Sec. 12091) Sets forth specified disaster assistance reporting requirements.

Title XIII: Commodity Futures
 - CFTC Reauthorization Act of 2008 - 
Subtitle A: General Provisions
 - (Sec. 13101) Amends the Commodity Exchange Act to apply Commodity Futures Trading Commission (CFTC) jurisdiction to a retail off-exchange foreign currency (forex) agreement, contract, and transaction that is: (1) a commodity sales contract for future delivery or an option other than an option executed or traded on a national securities exchange; and (2) is offered to, or entered into on a leveraged basis with, a person that is not an eligible contract participant (retail customer), unless the counterparty is a financial institution, a broker or dealer or affiliated person, a futures commission merchant or affiliated person, an insurance company, a financial holding company, an investment bank holding company, or a registered retail foreign exchange dealer. 

Requires that: (1) futures commission merchants and retail foreign exchange dealers register with CFTC and maintain a $20 million minimum capital asset (phased in over a one-year period); and (2) futures commission merchants be primarily or substantially engaged in the the buying or selling of futures contracts as provided for under such Act.

Provides CFTC with general rulemaking authority with respect to such forex-related provisions.

(Sec. 13102) Authorizes CFTC to bring fraud actions in off-exchange principal-to-principal futures transactions, including exempt commodity transactions in energy contracts and transactions conducted on derivatives transaction execution facilities.

(Sec. 13103) Increases civil ($1 million) and criminal (10 years) penalties for violations such as manipulation, attempted manipulation, and false reporting. 

(Sec. 13104) Authorizes FY2008-FY2013 appropriations.

(Sec. 13105) Amends the definition of &quot;trading facility&quot; to include markets which utilize automated trade matching and execution algorithms.

 Authorizes CFTC to bring an enforcement action against any person who violates a speculative limit rule that has been certified by a registered entity.

Provides that: (1) CFTC reparations awards are directly enforceable in federal district courts as if they were local judgments; and (2) such provision shall be retroactive.

(Sec. 13106) Directs CFTC and the Securities Exchange Commission (SEC) to take necessary action to permit: (1) risk-based portfolio margining for security options and security futures products by September 30, 2009; and (2) futures trading on certain security indexes by resolving issues related to foreign security indexes by June 30, 2009.

Subtitle B: Significant Price Discovery Contracts on Exempt Commercial Markets - 
(Sec. 13201) Amends the Commodity Exchange Act to expand CFTC authority over exempt commercial markets.

Subjects a contract or transaction to new CFTC oversight as a &quot;significant price discovery contract&quot; based upon the following criteria: (1) price linkage; (2) arbitrage; (3) material price reference; (4) material liquidity; and (5) other material factors as CFTC specifies.

Requires that an electronic trading facility on which significant price discovery contracts are traded comply with the following core principles respecting: (1) listing of contracts not readily susceptible to manipulation; (2) monitoring of trading; (3) ability to obtain necessary information and to provide the information to CFTC; (4) position limitations or position accountability; (5) emergency authority; (6) daily publication of trading information; (7) rules compliance; (8) conflict of interest rules; and (9) antitrust considerations.

(Sec. 13202) Requires that large traders keep records of, and report their positions in, significant price discovery contracts.

(Sec. 13203) Considers an electronic trading facility as a registered entity for purposes of such Act.

Provides CFTC with exclusive jurisdiction over significant price discovery contracts traded on exempt commercial markets.

Authorizes CFTC to suspend or revoke for up to six months for certain violations the designation or registration of any contract market or derivatives transaction execution facility, or to revoke the right of an electronic trading facility to rely on the exemption for principal-to-principal commercial entity contracts with respect to a significant price discovery contract. 

(Sec. 13204) States that this subtitle shall become effective on the date of enactment of this Act.

 Requires that CFTC: (1) issue a proposed rule regarding the significant price discovery standards within 180 days of the date of enactment of this Act, and a final rule within 270 days; and (2) complete a review of the agreements, contracts, and transactions of any electronic trading facility operating on the effective date of the final rule within 180 days after such date to determine whether such agreement, contract, or transaction performs a significant price discovery function. 

Title XIV: Miscellaneous - Subtitle A: Socially Disadvantaged Producers and Limited Resource Producers
 - (Sec. 14001) Requires that FSA and the Natural Resources Conservation Service establish consolidated suboffices at tribal headquarters on Indian reservations where there is a demonstrated need.

(Sec. 14002) Amends the Consolidated Farm and Rural Development Act to place a moratorium on all loan acceleration and foreclosure proceedings where there is a pending claim, or a filed claim that is accepted, of discrimination against the Department related to a loan acceleration or foreclosure. Waives interest and offsets during the moratorium period, but requires payment if the claim is denied. Terminates the moratorium on the earlier of the date the Secretary resolves the discrimination claim or the court renders a final decision on the claim. 

(Sec. 14003) Amends the the Food, Agriculture, Conservation, and Trade Act of 1990 to direct the Secretary to issue to farmers and ranchers seeking a benefit or service offered by FSA, the Natural Resources Conservation Service, or an agency of the Rural Development Mission Area a receipt upon request that contains the date, place, and subject of the request as well as the action taken, not taken, or recommended. 

(Sec. 14004) Requires that the outreach and technical assistance program for socially disadvantaged farmers program: (1) be used to enhance Department coordination, outreach, technical assistance, and education efforts; and (2) assist the Secretary in improving the participation of, socially disadvantaged farmers and ranchers.

Directs the Secretary to report annually to the appropriate congressional committees respecting program activities and participation.

Provides CCC funding for FY2009-FY2012.

Revises the definition of &quot;eligible entity.&quot;

(Sec. 14005) Directs the Secretary to ensure that the Census of Agriculture and studies carried out by the Economic Research Service accurately document the number, location, and economic contributions of socially disadvantaged farmers or ranchers in agricultural production.

(Sec. 14006) Directs the Secretary to annually compile and report for each county and state program application and participation rate data regarding socially disadvantaged farmers or ranchers by computing for each Department program that serves agricultural producers and landowners: (1) raw numbers of applicants and participants by race, ethnicity, and gender; and (2) the application and participation rate by race, ethnicity, and gender, as a percentage of the total participation rate of all agricultural producers and landowners. 

Sets forth privacy protections and use limitations.

Provides for civil rights compliance use of such report.

(Sec. 14008) Directs the Secretary to establish the Advisory Committee on Minority Farmers.

(Sec. 14009) Amends the Department of Agriculture Reorganization Act of 1994 to require that the head of each agency report every 180 days to the appropriate congressional committees (and post on the Department's website) respecting: (1) all cases returned to the agency by the National Appeals Division; (2) the implementation status of each final determination; and (3) the reason and the projected date of implementation if the final determination has not been implemented.

(Sec. 14010) Directs the Secretary to annually report on program and employment civil rights complaints. 

(Sec. 14011) Expresses the sense of Congress that the Secretary should expeditiously resolve all claims and class actions brought against the Department by socially disadvantaged farmers or ranchers, including Native Americans, Hispanics, and female farmers. 

(Sec. 14012) States that: (1) any Pigford (discrimination) claimant who has not previously obtained a determination on the merits of a Pigford claim may obtain that determination in a civil action brought in the U.S. District Court for the District of Columbia filed within two years after the date of enactment of this Act; (2) the total amount of payments and debt relief is $100 million; and (3) the intent of Congress is to have this section liberally construed. 

Sets forth claim provisions.

Makes specified CCC funds available. 

Authorizes appropriations.

(Sec. 14013) Directs the Secretary to establish: (1) the Office of Advocacy and Outreach to improve the viability of small farms and ranches and socially disadvantaged and beginning farmers and ranchers; (2) the Socially Disadvantaged Farmers Group; (3) the Small Farms and Beginning Farmers and Ranchers Group; and (4) the position of Farmworker Coordinator.

Authorizes FY2009-FY2012 appropriations.

Subtitle B: Agricultural Security 
- Agricultural Security Improvement Act - (Sec. 14102) Defines specified terms.

Chapter 1: Agricultural Security - 
(Sec. 14111) Establishes within the Department the Office of Homeland Security to be headed by a Director of Homeland Security who shall: (1) advise the Secretary and coordinate Department homeland security activities; and (2) act as the primary agricultural biosecurity liaison with other federal departments and agencies.

(Sec. 14112) Directs the Secretary to establish within the Department a biosecurity communication center.

Authorizes FY2008-FY2012 appropriations.

(Sec. 14113) Directs the Secretary to establish: (1) a grant program for advanced training programs in agricultural biosecurity planning and response for food science professionals and veterinarians; and (2) a grant and low-interest loan assistance program to assist states in assessing agricultural disease response capability.

Authorizes FY2008-FY2012 appropriations.

Chapter 2: Other Provisions
 - (Sec. 14121) Directs the Secretary to establish a grant program for research and development of qualified agricultural countermeasures.

Authorizes FY2008-FY2012 appropriations.

(Sec. 14122) Directs the Secretary to establish a grant program for teaching programs in agriculture, veterinary medicine, and disciplines closely allied to the food and agriculture system to increase the number of trained individuals with agricultural biosecurity expertise.

Limits eligibility to only a grantee that is: (1) an accredited school of veterinary medicine; or (2) a department of an institution of higher education with a primary focus on comparative medicine, veterinary science, or agricultural biosecurity.

Authorizes FY2008-FY2012 appropriations.

Subtitle C: Other Miscellaneous Provisions 
- (Sec. 14201) Revises cotton classification services provisions to: (1) authorize cotton classing services without fiscal year restriction; (2) authorize the Secretary to enter into long-term lease agreements that exceed five years or to take title to property in order to obtain offices used for cotton classification; and (3) require fee consultation with U.S. cotton industry representatives, which shall not be subject to Federal Advisory Committee Act requirements.

(Sec. 14202) Amends the Cotton Research and Promotion Act to amend the definition of &quot;cotton-producing State&quot; to designate Kansas, Virginia, and Florida as cotton-producing states beginning with the 2008 crop. 

(Sec. 14203) Authorizes the Secretary to make grants to eligible entities to obtain and add to an anhydrous ammonia fertilizer nurse tank a chemical substance or physical lock to reduce the amount of methamphetamine that can be produced from such tank. 

Authorizes FY2008-FY2012 appropriations.

(Sec. 14204) Authorizes the Secretary to provide grants to eligible entities to assist farmworkers who are citizens or otherwise legally present in the United States in securing, retaining, upgrading, or returning from agricultural jobs.

Includes among such services: (1) agricultural labor skills development; (2) transportation; (3) short-term housing; (4) workplace literacy and English language assistance; and (5) health and safety instruction, including ways of safeguarding the U.S. food supply.

Authorizes FY2008-FY2012 appropriations.

(Sec. 14205) Amends the Right to Privacy Act of 1978 to allow financial institutions to disclose an individual's financial records to any government entity that certifies, disburses, or collects payments if necessary for proper program administration and used solely for: (1) verification of the identity of any person or proper routing and delivery of funds in connection with a federal payment issuance or collection of funds by a government authority; or (2) investigation or recovery of an improper federal payment or collection of funds or an improperly negotiated Treasury check.

States that: (1) such request and related information may only be used by the financial institution or its agents to provide information contained in the customer's financial records to the requesting government authority and may not be redisclosed by the institution or its agents; and (2) the government authority may use or disclose such information only as provided for by this section.

(Sec. 14206) Directs the Secretary of Homeland Security (DHS) to report to the appropriate congressional committees concerning the effects of DHS interim or final regulations regarding possession of quantities of propane that exceed the DHS screening threshold. 

(Sec. 14207) Amends the Animal Welfare Act to make it unlawful to: (1) knowingly sponsor or exhibit an animal in an animal fighting venture; and (2) knowingly sell, buy, posses, train, transport, deliver, or receive any dog or other animal for purposes of participation in an animal fighting venture. (Eliminates the requirement of interstate or foreign commerce from such prohibitions.)

Makes costs incurred for the care of seized or forfeited animals recoverable from the owner. (Current law provides reimbursement only for costs incurred by the United States.)

Revises the definition of &quot;animal fighting venture.&quot;

Increases the penalty for violations to not more than five years imprisonment. 

(Sec. 14208) Directs the Secretary to report annually to the appropriate congressional committees regarding conferences sponsored or held by the Department or attended by Department employees. 

Excludes from such requirement conferences: (1) for which the federal cost is less than $10,000; or (2) outside of the United States attended by the Secretary or the Secretary's designee as an official U.S. government representative.

(Sec. 14209) Amends the Federal Insecticide, Fungicide, and Rodenticide Act to require that the Department of State cover expenses incurred by Environmental Protection Agency (EPA) staff participating on an international technical, economic, or policy review board, committee, or other official body with respect to a related international treaty.

Authorizes the Secretary to promulgate a regulation for the recycling of disposable pesticide containers used for the distribution or sale of registered pesticide products in interstate commerce. Excludes from such regulation antimicrobial pesticides or other pesticide products intended for non-agricultural uses.

(Sec. 14210) Amends the Animal Welfare Act to prohibit the importation of a dog into the United States for resale unless the dog is in good health, has received all necessary vaccinations, and is at least six months old.

Excludes for such requirements a dog: (1) imported for research purposes or veterinary treatment; or (2) lawfully imported into Hawaii from the British Isles, Australia, Guam, or New Zealand that is not transported out of Hawaii for resale at less than six months old. 

(Sec. 14211) Directs the Secretary to permanently debar an individual or entity convicted of knowingly defrauding the United States in connection with any Department program from subsequent Department program participation (other than domestic food assistance programs).

(Sec. 14212) Prohibits the Secretary from closing or relocating a FSA county or field office for two years, with exceptions for: (1) an office that is located not more than 20 miles from another office; or (2) a routine office leasing relocation within the same county.

Requires that after such two-year period the Secretary shall, before closing any office that is located more than 20 miles from another office to first close any offices that: (1) are located less than 20 miles from another office; and (2) have two or fewer permanent full-time employees. 

(Sec. 14213) Amends the Federal Agriculture Improvement and Reform Act of 1996 to prohibit the Department from establishing, maintaining, or operating a non-appropriated fund instrumentality of the United States to develop, administer, or provide educational training and professional development activities, including educational activities for federal agencies, federal employees and other entities, effective October 1, 2009.

Authorizes the Secretary to use available appropriated funds and other resources to assist in the Graduate School's transition to an entity that is non-governmental and not a non-appropriated fund instrumentality of the United States.

Subjects the Graduate School to federal procurement procedures in the same manner and subject to the same requirements as a private entity providing services to the federal government. 

(Sec. 14214) Amends the Animal Welfare Act to increase fines to $10,000.

(Sec. 14215) Amends the Food Security Act of 2005 to revise the definition of &quot;secured filing system&quot; regarding protections for purchasers of agricultural products subject to a security interest.

(Sec. 14216) Directs the Secretary to: (1) review any independent reviews and recommendations by a nationally recognized panel on the use of Class B dogs and cats in federal research; and (2) report to the appropriate congressional committees.

Defines &quot;Class B dogs and cats.&quot; 

(Sec. 14217) Amends federal law concerning public buildings, property, and works to add a new subtitle, &quot;Regional Economic and Infrastructure Development.&quot;

Establishes: (1) the Southeast Crescent Regional Commission; (2) the Southwest Border Regional Commission; and (3) the Northern Border Regional Commission. 

Provides for tribal participation in the Southwest Border Regional Commission.

States that each Commission shall: (1) assess the needs and assets of its region; (2) develop economic and infrastructure development strategies to establish priorities and approve grants for the economic development of its region; (3) enhance or develop local development districts; (4) encourage private investment in industrial, commercial, and other economic development projects; and (5) assist state governments with the preparation of economic and infrastructure development plans and programs.

Sets forth administrative and operating provisions.

Authorizes a Commission to make grants to state and local governments, Indian tribes, and public and nonprofit organizations for: (1) transportation, basic public, and telecommunication infrastructures; (2) job skills training, employment-related education, entrepreneurship, technology, and business development; (3) assistance to severely economically distressed and underdeveloped areas to improve health care and other public services; (4) resource conservation, tourism, recreation, and preservation of open space; and (5) renewable and alternative energy sources development. 

States that: (1) the Southeast Crescent Regional Commission shall consist of all counties of Virginia, North Carolina, South Carolina, Georgia, Alabama, Mississippi, and Florida not already served by the Appalachian Regional Commission or the Delta Regional Authority; (2) the Southwest Border Regional Commission shall consist of specified counties in Arizona, California, New Mexico, and Texas; and (3) the Northern Border Regional Commission shall consist of specified counties in Maine, New Hampshire, New York, and Vermont.

Authorizes FY2008-FY2012 appropriations.

(Sec. 14218) Directs the Secretary to establish a Coordinator for Chronically Underserved Rural Areas to direct Department resources to high need, high poverty rural areas. Authorizes FY2008-FY2012 appropriations.

(Sec. 14219) Eliminates the statute of limitations within which a government agency can initiate the collection of an outstanding claim by administrative offset.

(Sec. 14220) Authorizes the Secretary, in addition to any other authority, to make available to an organization excess or surplus Department computers or other technical equipment for distribution to a city, town, or local government entity in a rural area.

(Sec. 14221) Repeals the provision of the Water Resources Development Act of 2007 authorizing ecosystem restoration, recreation, and flood damage reduction components of the the Des Moines Recreational River and Greenbelt, Iowa, project at a federal cost of $10 million.

(Sec. 14222) Directs that funds made available to carry out &quot;section 32&quot; activities (&quot;Section 32&quot; is a permanent appropriation under P.L. 74-320 as amended, that earmarks the equivalent of 30% of annual customs receipts to support various agricultural programs.) in excess of specified limits shall be transferred for use under the Richard B. Russell National School Lunch Act.

Obligates specified amounts from such transferred funds for: (1) the fresh fruit and vegetable program (established by this Act as section 19 of the Richard B. Russell National School Lunch Act); and (2) FY2009 purchase of whole grain products for distribution in the school lunch and breakfast programs (as established by this Act). 

Title XV: Trade and Tax Provisions 
- Heartland, Habitat, Harvest, and Horticulture Act of 2008 - 
Subtitle A: Supplemental Agricultural Disaster Assistance from the Agricultural Disaster Relief Trust Fund 
- (Sec. 15101) Amends the Trade Act of 1974 to establish in the Treasury the Agricultural Disaster Relief Trust Fund.

Defines specified terms.

Directs the Secretary to use Trust Fund amounts for: (1) crop disaster assistance payments to eligible producers on farms in disaster counties that have incurred crop production losses or crop quality losses, or both, during the crop year; (2) livestock indemnity payments to eligible producers on farms that have incurred livestock death losses in excess of the normal mortality due to adverse weather, including losses due to hurricanes, floods, blizzards, disease, wildfires, extreme heat, and extreme cold; (3) compensation for losses to eligible livestock producers due to grazing losses for covered livestock due to drought or fire; (4) emergency relief to eligible producers of livestock, honey bees, and farm-raised fish for losses due to disease, adverse weather, or other conditions, such as blizzards and wildfires; and (5) replanting and clearing assistance to eligible commercial orchardists and nursery tree growers for natural disaster-caused losses. 

Sets forth program provisions.

Limits individual producer disaster assistance to $100,000 annually. Prohibits assistance to a producer whose adjusted gross income exceeds $2.5 million unless at least 75% of the producer's adjusted gross income is from farming, ranching, or forestry operations. 

Appropriates to the Trust Fund an amount equal to 3.08% of the amounts received in the general fund of the Treasury for FY2008-FY2011 that are attributable to the duties collected on articles entered, or withdrawn from warehouse, for consumption under the Harmonized Tariff Schedule.

Subtitle B: Revenue Provisions for Agriculture Programs
 - (Sec. 15201) Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) to extend authority for: (1) passenger and conveyance processing fees through September 30, 2017; and (2) merchandise processing fees through November 14, 2017.

Requires fee remittance by September 25, 2017, for: (1) passenger and conveyance fees for the period on or after July 1, 2017, and before September 20, 2017; and (2) estimated prepayment of merchandise processing fees for merchandise entered on or after October 1, 2017, and before November 15, 2017 (in an amount equivalent to the amount of such fees paid with respect to merchandise entered on or after October 1, 2016, and before November 15, 2016).

(Sec. 15202) Increases tax payments for certain corporations under the Tax Increase Prevention and Reconciliation Act of 2005 due in July, August, or September 2012, by 7.75%.

Subtitle C: Tax Provisions
 - 
Part I: Conservation
 - 
Subpart A: Land and Species Preservation Provisions - 
(Sec. 15301) Amends the Internal Revenue Code to: (1) exclude conservation reserve program payments made to recipients of social security retirement or disability payments from self-employment income for purposes of determining social security employment tax liability; (2) extend through 2009 the special rule for enhanced tax deductions of contributions of capital gain real property for conservation purposes; and (3) allow taxpayers engaged in the business of farming to expense costs incurred after 2008 for endangered species recovery plans approved under the Endangered Species Act of 1973. 

Subpart B: Timber Provisions
 - (Sec. 15311) Modifies provisions relating to the taxation of timber sales to: (1) allow an alternative 15% tax rate on the timber gains of corporations; (2) exempt deductible timber gains from the excise tax on the undistributed income of real estate investment trusts (REITs); (3) provide for the treatment of timber gains as qualifying REIT income and of mineral royalty income as qualifying income for timber REITs; and (4) provide special rules relating to income limitations and prohibited transactions for timber REITs.

(Sec. 15316) Allows a new tax credit for investment in qualified forestry conservation bonds.

Part II: Energy Provisions
 - 
Subpart A: Cellulosic Biofuel
 - (Sec. 15321) Allows a new tax credit for the production of cellulosic biofuel.

(Sec. 15322) Directs the Secretary of the Treasury to: (1) enter into an agreement with the National Academy of Sciences to conduct a study of current biofuel production and the domestic effects of increased biofuel production; and (2) submit reports on such study to Congress.

Subpart B: Revenue Provisions 
- (Sec. 15331) Modifies the income and excise tax credits for ethanol blenders to reduce the amount of such credits after the production of 7.5 billion gallons of ethanol (including cellulosic ethanol).

(Sec. 15332) Reduces from 5% to 2% the allowable volume percentage of denaturants in alcohol for purposes of computing the tax credit for alcohol used as fuel.

(Sec. 15333) Amends the Harmonized Tariff Schedule of the United States to extend the tariff duty on ethanol until January 1, 2011.

(Sec. 15334) Amends the Tariff Act of 1930 to prohibit refunds of duties paid on certain imports of ethyl alcohol or mixtures thereof.

Part III: Agricultural Provisions
 - (Sec. 15341) Increases the loan limit on agricultural bonds to $450,000 and indexes such amount for inflation after 2008. Eliminates the fair market value dollar limitation in the definition of substantial farmland used for agricultural bonds.

(Sec. 15342) Allows tax-free exchanges of shares in certain mutual ditch, reservoir, or irrigation companies.

(Sec. 15343) Allows a retailer of agricultural products and chemicals or a manufacturer, formulator, distributor, or transporter of certain pesticides a business tax credit for 30% of costs for or related to the protection of such chemicals or pesticides, including employee security training and background checks, installation of security equipment, and computer network safeguards. Sets a $2 million annual limit on such credit and a per facility limitation of $100,000 (reduced by credits received for the five prior taxable years). Terminates such credit after 2012.

(Sec. 15344) Allows accelerated depreciation (three-year recovery period) for race horses placed in service before January 1, 2014 (or after December 31, 2013, for horses more than two years old). 

(Sec. 15345) Extends to businesses and individuals in certain Kansas counties declared by the President as major disaster areas by reason of severe storms and tornados beginning on May 4, 2007, certain provisions of the Internal Revenue Code providing for bonus depreciation, nonrecognition of gain, increased expensing allowances, and other tax benefits.

(Sec. 15346) Requires the Secretary of the Treasury to modify the terms of any competitive certification award in implementing the qualifying advanced coal project or gasification project tax credits. 

Part IV: Other Revenue Provisions
 - (Sec. 15351) Limits the deductibility of farming losses for taxpayers receiving agriculture program payments or loans from the Commodity Credit Corporation (CCC) to the greater of $300,000 or the taxpayers' total net farm income for the prior five taxable years.

(Sec. 15352) Amends the Internal Revenue Code and title II (Old Age, Survivors, and Disability Insurance Benefits) of the Social Security Act to revise the optional method of computing the net earnings of self-employed individuals for purposes of determining social security benefit eligibility. Replaces the numerical formula for determining benefit eligibility with an indexed calculation based on a lower limit (the amount required under the Social Security Act for a quarter of coverage) and an upper limit (150 percent of the lower limit).

(Sec. 15353) Requires the Commodity Credit Corporation (CCC), acting through the Secretary of Agriculture, to file an informational return setting forth any market gain realized by a taxpayer with respect to the repayment of a CCC loan. 

Part V: Protection of Social Security
 - (Sec. 15361) Directs the Secretary of the Treasury to transfer from the general fund of the Treasury to the Old-Age and Survivors Insurance Trust Fund and to the Federal Disability Insurance Trust Fund specified amounts for FY2009-FY2017 to prevent a reduction in the assets of such Trust Funds.

Subtitle D: Trade Provisions - Part I: Extension of Certain Trade Benefits - 
Haitian Hemispheric Opportunity through Partnership Encouragement Act of 2008, or the HOPE II Act - (Sec. 15402) Amends the Caribbean Basin Economic Recovery Act (CBERA) to extend, through September 30, 2018, the duty-free treatment provided under the Haitian Hemispheric Opportunity through Partnership Encouragement Act of 2006 (HOPE I) for certain imported apparel and textiles wholly assembled or knit-to-shape in Haiti. Extends such treatment also to the same articles, regardless of the country of origin of the fabric or the yarn used to make them, together with such articles directly imported from the Dominican Republic. Revises certain requirements for these articles, including: (1) certain apparel meeting value-added rule of origin requirements (with a decrease in the quantitative cap limit for a period of years); and (2) certain woven apparel and knit articles (with an increase in the cap limit to no more than 70 million square meter equivalents for each year).

Extends such duty-free treatment (without cap limitation) to: (1) brassieres, luggage, headwear, sleepwear, and apparel articles covered by the Central America-Dominican Republic-United States Free Trade Agreement (CAFTA-DR) &quot;single transformation&quot; rule; (2) apparel accompanied by an earned import allowance certificate that reflects the amount of credits equal to the total square meter equivalents of the apparel provided under the Earned Import Allowance Program (established under this Act); and (3) apparel comprised of fabrics or yarns that are in short supply.

Directs the Secretary of Commerce to establish an Earned Import Allowance Program to provide earned import allowance certificates, based on specified elements, to any producer or entity controlling production of apparel articles wholly assembled, or knit-to-shape, in Haiti from materials imported directly from Haiti or the Dominican Republic.

Requires the Government Accountability Office (GAO) to review and evaluate the program annually. Prescribes: (1) criminal penalties for fraudulent claims of preference; and (2) short supply rules.

(Sec. 15403) Conditions continued duty-free treatment to Haitian imports on certification by the President to Congress that Haiti: (1) has established an independent Labor Ombudsman's (ILO) Office and a Technical Assistance Improvement and Compliance Needs Assessment and Remediation (TAICNAR) Program; and (2) has agreed to require, with ILO assistance, Haitian producers of articles provided duty-free treatment under this Act to participate in the TAICNAR Program and comply with certain core labor standards and national labor laws. Requires the President to report annually to Congress on implementation of this program. Authorizes appropriations through FY2013.

(Sec. 15404) Authorizes any interested party to file a petition to have Haiti's duty-free treatment eligibility reviewed.

(Sec. 15405) Sets forth requirements for Haiti and the Dominican Republic to prevent unlawful transshipment of articles and the use of counterfeit documents related to their importation into the United States.

(Sec. 15408) Extends the Caribbean Basin Trade Partnership Act (CBTPA) through September 30, 2010.

(Sec. 15409) Expresses the sense of Congress that: (1) certain federal agencies and instrumentalities should broadly interpret, implement, and enforce CBERA duty-free treatment provisions for Haitian and Dominican apparel and textiles to maximize opportunities for trade in such articles; (2) the Secretary of Commerce should lead a trade mission to Haiti to promote trade and the new economic opportunities between the countries and help educate U.S. and Haitian businesses about such opportunities; and (3) Haiti and other countries that receive U.S. trade preferences that require effective visa systems to prevent transshipment should ensure that monetary compensation for such visas does not exceed costs of processing or violate a system to combat corruption and bribery.

Part II: Miscellaneous Trade Provisions - 
(Sec. 15421) Amends the Tariff Act of 1930 to provide that wine of the same color with a price variation not more than 50% between the imported and exported wine shall be deemed to be commercially interchangeable for purposes of the duty drawback for unused merchandise.

(Sec. 15422) Directs the Commissioner for U.S. Customs and Border Protection to require each importer of merchandise to provide U.S. Customs and Border Protection with the transaction value of the merchandise upon entry into the United States.


Legislative actions:
action_date: 2008-06-18
text: Became Public Law No: 110-246.
action_date: 2008-06-18
text: Became Public Law No: 110-246.
action_date: 2008-06-18
text: Message on Senate action sent to the House.
action_date: 2008-06-18
text: Passed Senate over veto by Yea-Nay Vote. 80 - 14. Record Vote Number: 151.
action_date: 2008-06-18
text: Passed Senate over veto: Passed Senate over veto by Yea-Nay Vote. 80 - 14. Record Vote Number: 151.
action_date: 2008-06-18
text: Veto Message considered in Senate. (consideration: CR S5739-5741)
action_date: 2008-06-18
text: Veto message received in Senate. Held at the desk.
action_date: 2008-06-18
text: Two-thirds of the Members present having voted in the affirmative the bill is passed, the Passed by the Yeas and Nays: (2/3 required): 317 - 109 (Roll no. 417). (consideration: CR H5535-5537)
action_date: 2008-06-18
text: Passed House over veto: Two-thirds of the Members present having voted in the affirmative the bill is passed, the Passed by the Yeas and Nays: (2/3 required): 317 - 109 (Roll no. 417).(consideration: CR H5535-5537)
action_date: 2008-06-18
text: DEBATE - The House proceeded with one hour of debate on the question of passage of H.R. 6124, the objections of the President to the contrary, notwithstanding.
action_date: 2008-06-18
text: The Chair laid before the House the veto message from the President.
action_date: 2008-06-18
text: Vetoed by President. (text of veto message: CR H5535)
action_date: 2008-06-18
text: Vetoed by President.(text of veto message: CR H5535)
action_date: 2008-06-16
text: Presented to President.
action_date: 2008-06-16
text: Presented to President.
action_date: 2008-06-05
text: Cleared for White House.
action_date: 2008-06-05
text: Message on Senate action sent to the House.
action_date: 2008-06-05
text: Passed Senate without amendment by Yea-Nay Vote. 77 - 15. Record Vote Number: 144.
action_date: 2008-06-05
text: Passed/agreed to in Senate: Passed Senate without amendment by Yea-Nay Vote. 77 - 15. Record Vote Number: 144.
action_date: 2008-06-05
text: Measure laid before Senate by unanimous consent. (consideration: CR S5182-5188)
action_date: 2008-05-22
text: Received in the Senate. Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 753.
action_date: 2008-05-22
text: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 306 - 110 (Roll no. 353). (text: CR H4469-4649)
action_date: 2008-05-22
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2008-05-22
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 306 - 110 (Roll no. 353).(text: CR H4469-4649)
action_date: 2008-05-22
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 6124.
action_date: 2008-05-22
text: Considered under suspension of the rules. (consideration: CR H4469-4655)
action_date: 2008-05-22
text: Mr. Peterson (MN) moved to suspend the rules and pass the bill.
action_date: 2008-05-22
text: Referred to the Committee on Agriculture, and in addition to the Committee on Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2008-05-22
text: Referred to the Committee on Agriculture, and in addition to the Committee on Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2008-05-22
text: Referred to the Committee on Agriculture, and in addition to the Committee on Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2008-05-22
text: Introduced in House
action_date: 2008-05-22
text: Introduced in House

Enacted as: number: 106-246
number: 110-246