HR 2419
7-27-07, Bill Passed House 231-191
11-6-07, Referred to Senate
Committee on Agriculture, Nutrition & Forestry
See
Engrossed Senate Amendment [EAS]
5-14-08, House Agreed to Conference Report
110th CONGRESS
1st Session
H. R. 2419
AN ACT
To provide for the continuation of agricultural programs through
fiscal year 2012, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `Farm, Nutrition, and Bioenergy
Act of 2007'.
(b) Table of Contents- The table of contents for this Act is as follows:
Sec. 1. Short title and table of contents.
TITLE I--COMMODITY PROGRAMS
Subtitle A--Direct Payments and Counter-Cyclical Payments
Sec. 1101. Adjustments to base acres.
Sec. 1102. Availability of direct payments.
Sec. 1103. Availability of counter-cyclical payments.
Sec. 1104. Availability of revenue-based counter-cyclical payments.
Sec. 1105. Producer agreement required as condition of provision of direct
payments and counter-cyclical payments.
Sec. 1106. Planting flexibility.
Sec. 1107. Period of effectiveness.
Subtitle B--Marketing Assistance Loans and Loan Deficiency Payments
Sec. 1201. Availability of nonrecourse marketing assistance loans for
loan commodities.
Sec. 1202. Loan rates for nonrecourse marketing assistance loans.
Sec. 1203. Term of loans.
Sec. 1204. Repayment of loans.
Sec. 1205. Loan deficiency payments.
Sec. 1206. Payments in lieu of loan deficiency payments for grazed acreage.
Sec. 1207. Special marketing loan provisions for upland cotton.
Sec. 1208. Special competitive provisions for extra long staple cotton.
Sec. 1209. Availability of recourse loans for high moisture feed grains
and seed cotton.
Sec. 1210. Deadline for repayment of marketing assistance loan for peanuts.
Sec. 1211. Commodity quality incentive payments for healthy oilseeds.
Subtitle C--Sugar
Sec. 1301. Sugar program.
Sec. 1302. United States membership in the international sugar organization.
Sec. 1303. Flexible marketing allotments for sugar.
Subtitle D--Dairy-Related Provisions
Sec. 1401. Dairy product price support program.
Sec. 1402. Dairy forward pricing program.
Sec. 1403. Dairy export incentive program.
Sec. 1404. Revision of Federal marketing order amendment procedures.
Sec. 1405. Dairy indemnity program.
Sec. 1406. Extension of milk income loss contract program.
Sec. 1407. Dairy promotion and research program.
Sec. 1408. Report on Department of Agriculture reporting procedures for
nonfat dry milk.
Sec. 1409. Federal Milk Marketing Order Review Commission.
Subtitle E--Administration
Sec. 1501. Administration generally.
Sec. 1502. Suspension of permanent price support authority.
Sec. 1503. Payment Limitations.
Sec. 1504. Adjusted gross income limitation.
Sec. 1505. Adjustments of loans.
Sec. 1506. Personal liability of producers for deficiencies.
Sec. 1507. Extension of existing administrative authority regarding loans.
Sec. 1508. Assignment of payments.
Sec. 1509. Tracking of benefits.
Sec. 1510. Upland cotton storage payments.
Sec. 1511. Government publication of cotton price forecasts.
Sec. 1512. Prevention of deceased persons receiving payments under farm
commodity programs.
TITLE II--CONSERVATION
Subtitle A--Conservation Programs of the Food Security Act of 1985
Sec. 2101. Conservation reserve program.
Sec. 2102. Wetlands reserve program.
Sec. 2103. Conservation security program.
Sec. 2104. Grassland reserve program.
Sec. 2105. Environmental quality incentives program.
Sec. 2106. Regional water enhancement program.
Sec. 2107. Grassroots source water protection program.
Sec. 2108. Conservation of private grazing land.
Sec. 2109. Great Lakes basin program for soil erosion and sediment control.
Sec. 2110. Farm and ranchland protection program.
Sec. 2111. Farm viability program.
Sec. 2112. Wildlife habitat incentive program.
Subtitle B--Conservation Programs Under Other Laws
Sec. 2201. Agricultural management assistance program.
Sec. 2202. Resource Conservation and Development Program.
Sec. 2203. Small watershed rehabilitation program.
Subtitle C--Additional Conservation Programs
Sec. 2301. Chesapeake Bay program for nutrient reduction and sediment
control.
Sec. 2302. Voluntary public access and habitat incentive program.
Sec. 2303. Muck soils conservation.
Subtitle D--Administration and Funding
Sec. 2401. Funding of conservation programs under Food Security Act of
1985.
Sec. 2402. Improved provision of technical assistance under conservation
programs.
Sec. 2403. Cooperative conservation partnership initiative.
Sec. 2404. Regional equity and flexibility.
Sec. 2405. Administrative requirements for conservation programs.
Sec. 2406. Annual report on participation by specialty crop producers
in conservation programs.
Sec. 2407. Promotion of market-based approaches to conservation.
Sec. 2408. Establishment of State technical committees and their responsibilities.
Sec. 2409. Payment limitations.
Subtitle E--Miscellaneous Provisions
Sec. 2501. Inclusion of income from affiliated packing and handling operations
as income derived from farming for application of adjusted gross income
limitation on eligibility for conservation programs.
Sec. 2502. Encouragement of voluntary sustainability practices guidelines.
Sec. 2503. Farmland resource information.
Sec. 2504. Pilot program for four-year crop rotation for peanuts.
TITLE III--TRADE
Sec. 3001. Agricultural Trade Development and Assistance Act of 1954.
Sec. 3002. Export credit guarantee program.
Sec. 3003. Market access program.
Sec. 3004. Food for Progress Act of 1985.
Sec. 3005. Reauthorization of McGovern-Dole International Food for Education
and Child Nutrition Program.
Sec. 3006. Bill Emerson Humanitarian Trust.
Sec. 3007. Technical assistance for specialty crops.
Sec. 3008. Technical assistance for the resolution of trade disputes.
Sec. 3009. Representation by the United States at international standard-setting
bodies.
Sec. 3010. Foreign market development cooperator program.
Sec. 3011. Emerging markets.
Sec. 3012. Export Enhancement Program.
Sec. 3013. Minimum level of nonemergency food assistance.
Sec. 3014. Germplasm conservation.
Sec. 3015. Report on efforts to improve procurement planning.
Sec. 3016. International disaster assistance under the Foreign Assistance
Act of 1961.
TITLE IV--NUTRITION PROGRAMS
Subtitle A--Food Stamp Program
Sec. 4001. Renaming the food stamp program.
Sec. 4002. Definition of drug addiction or alcoholic treatment and rehabilitation
program.
Sec. 4003. Nutrition education.
Sec. 4004. Food distribution on Indian reservations.
Sec. 4005. Excluding combat related pay from countable income.
Sec. 4006. Increasing the standard deduction.
Sec. 4007. Excluding dependent care expenses.
Sec. 4008. Adjusting countable resources for inflation.
Sec. 4009. Excluding education accounts from countable income.
Sec. 4010. Excluding retirement accounts from countable income.
Sec. 4011. Deobligate food stamp coupons.
Sec. 4012. Allow for the accrual of benefits.
Sec. 4013. Increasing the minimum benefit.
Sec. 4014. State option for telephonic signature.
Sec. 4015. Review of major changes in program design.
Sec. 4016. Grants for simple application and eligibility determination
systems and improved access to benefits.
Sec. 4017. Civil money penalties and disqualification of retail food stores
and wholesale food concerns.
Sec. 4018. Major systems failures.
Sec. 4019. Funding of employment and training programs.
Sec. 4020. Reductions in payments for administrative costs.
Sec. 4021. Cash payment pilot projects.
Sec. 4022. Findings of Congress regarding Secure Supplemental Nutrition
Assistance program nutrition education.
Sec. 4023. Nutrition education and promotion initiative to address obesity.
Sec. 4024. Authorization of appropriations.
Sec. 4025. Consolidated block grants for Puerto Rico and American Samoa.
Sec. 4026. Study on comparable access to Secure Supplemental Nutrition
Assistance Program benefits for Puerto Rico.
Sec. 4027. Reauthorization of community food project competitive grants.
Sec. 4028. Emergency food assistance program.
Subtitle B--Commodity Distribution
Sec. 4201. Authorization of appropriations.
Sec. 4202. Distribution of surplus commodities; special nutrition projects.
Sec. 4203. Commodity distribution program.
Subtitle C--Child Nutrition and Related Programs
Sec. 4301. Purchase of fresh fruits and vegetables for distribution to
schools and service institutions.
Sec. 4302. Buy American requirements.
Sec. 4303. Expansion of fresh fruit and vegetable program.
Sec. 4304. Purchases of locally produced foods.
Subtitle D--Miscellaneous
Sec. 4401. Seniors farmers' market nutrition program.
Sec. 4402. Congressional Hunger Center.
Sec. 4403. Joint nutrition monitoring and related research activities.
Sec. 4404 Sense of the Congress.
TITLE V--CREDIT
Subtitle A--Farm Ownership Loans
Sec. 5001. Conservation loan guarantee program.
Sec. 5002. Limitations on amount of ownership loans.
Sec. 5003. Down payment loan program.
Sec. 5004. Beginning farmer and rancher contract land sales program.
Sec. 5005. Loans to purchasers of highly fractioned lands.
Subtitle B--Operating Loans
Sec. 5011. Limitations on amount of operating loans.
Sec. 5012. Suspension of limitation on period for which borrowers are
eligible for guaranteed assistance.
Subtitle C--Administrative Provisions
Sec. 5021. Inventory sales preferences.
Sec. 5022. Loan fund set-asides.
Sec. 5023. Transition to private commercial or other sources of credit.
Sec. 5024. Extension of the right of first refusal to reacquire homestead
property to immediate family members of borrower-owner.
Sec. 5025. Rural development and farm loan program activities.
Subtitle D--Farm Credit
Sec. 5031. Bank for cooperatives voting stock.
Sec. 5032. Rural utility loans.
Sec. 5033. Farm Credit System Insurance Corporation.
Sec. 5034. Risk-based capital levels.
TITLE VI--RURAL DEVELOPMENT
Sec. 6001. Definition of rural.
Sec. 6002. Water, waste disposal, and wastewater facility grants.
Sec. 6003. Rural business opportunity grants.
Sec. 6004. Rural water and wastewater circuit rider program.
Sec. 6005. Tribal college and university essential community facilities.
Sec. 6006. Emergency and imminent community water assistance grant program.
Sec. 6007. Water systems for rural and native villages in Alaska.
Sec. 6008. Grants to nonprofit organizations to finance the construction,
refurbishing, and servicing of individually-owned household water well
systems in rural areas for individuals with low or moderate incomes.
Sec. 6009. Rural cooperative development grants.
Sec. 6010. Criteria to be applied in providing loans and loan guarantees
under the business and industry loan program.
Sec. 6011. Appropriate technology transfer for rural areas program.
Sec. 6012. Grants to improve technical infrastructure and improve quality
of rural health care facilities.
Sec. 6013. Rural entrepreneur and microenterprise assistance program.
Sec. 6014. Criteria to be applied in considering applications for rural
development projects.
Sec. 6015. National sheep industry improvement center.
Sec. 6016. National rural development partnership.
Sec. 6017. Historic barn preservation.
Sec. 6018. Grants for NOAA weather radio transmitters.
Sec. 6019. Delta regional authority.
Sec. 6020. Northern great plains regional authority.
Sec. 6021. Rural strategic investment program.
Sec. 6022. Expansion of 911 access.
Sec. 6023. Access to broadband telecommunications services in rural areas.
Sec. 6024. Community connect grant program.
Sec. 6025. Agriculture innovation center demonstration program.
Sec. 6026. Rural firefighters and emergency medical service assistance
program.
Sec. 6027. Value-added agricultural market development program.
Sec. 6028. Assistance for rural public television stations.
Sec. 6029. Telemedicine and distance learning services in rural areas.
Sec. 6030. Guarantees for bonds and notes issued for electrification or
telephone purposes.
Sec. 6031. Comprehensive rural broadband strategy.
Sec. 6032. Study of railroad issues.
TITLE VII--RESEARCH
Subtitle A--General Provisions
Sec. 7102. Budget submission and funding.
Sec. 7103. Additional purposes of agricultural research and extension.
Sec. 7104. National agricultural research program office.
Sec. 7105. Establishment of competitive grant programs under the National
Institute for Food and Agriculture.
Sec. 7106. Merging of IFAFS and NRI.
Sec. 7107. Capacity building grants for ASCARR institutions.
Sec. 7108. Establishment of research laboratories for animal diseases.
Sec. 7109. Grazinglands research laboratory.
Sec. 7110. Researcher training.
Sec. 7111. Fort Reno Science Park research facility.
Sec. 7112. Assessing the nutritional composition of beef products.
Sec. 7113. Sense of Congress regarding funding for human nutrition research.
Subtitle B--National Agricultural Research, Extension, and Teaching Policy
Act of 1977
Sec. 7201. Advisory board.
Sec. 7202. Advisory board termination.
Sec. 7203. Renewable energy committee.
Sec. 7204. Specialty crop committee report.
Sec. 7205. Inclusion of UDC in grants and fellowships for food and agricultural
sciences education.
Sec. 7206. Grants and fellowships for food and agricultural sciences education.
Sec. 7207. Grants for research on production and marketing of alcohols
and industrial hydrocarbons from agricultural commodities and forest products.
Sec. 7208. Policy research centers.
Sec. 7209. Human nutrition intervention and health promotion research
program.
Sec. 7210. Pilot research program to combine medical and agricultural
research.
Sec. 7211. Nutrition education program.
Sec. 7212. Continuing animal health and disease research programs.
Sec. 7213. Cooperation among eligible institutions.
Sec. 7214. Appropriations for research on national or regional problems.
Sec. 7215. Authorization level of extension at 1890 land-grant colleges.
Sec. 7216. Authorization level for agricultural research at 1890 land-grant
colleges.
Sec. 7217. Grants to upgrade agriculture and food sciences facilities
at the District of Columbia Land Grant University.
Sec. 7218. Grants to upgrade agricultural and food sciences facilities
at 1890 land-grant colleges, including Tuskegee University.
Sec. 7219. National research and training virtual centers.
Sec. 7220. Matching funds requirement for research and extension activities
of 1890 institutions.
Sec. 7221. Hispanic-serving institutions.
Sec. 7222. Hispanic-serving agricultural colleges and universities.
Sec. 7223. International agricultural research, extension, and education.
Sec. 7224. Competitive grants for international agricultural science and
education programs.
Sec. 7225. Limitation on indirect costs for agricultural research, education,
and extension programs.
Sec. 7226. Research equipment grants.
Sec. 7227. University research.
Sec. 7228. Extension service.
Sec. 7229. Supplemental and alternative crops.
Sec. 7230. Aquaculture Assistance Programs.
Sec. 7231. Rangeland research.
Sec. 7232. Special authorization for biosecurity planning and response.
Sec. 7233. Resident instruction and distance education grants program
for insular area institutions of higher education.
Sec. 7234. Hispanic Serving Institutions.
Sec. 7235. Specialty crops policy research institute.
Sec. 7236. Emphasis of Human Nutrition Initiative.
Sec. 7237. Grants to upgrade agriculture and food sciences facilities
at insular area land-grant institutions.
Subtitle C--Food, Agriculture, Conservation, and Trade Act of 1990
Sec. 7301. National genetics resources program.
Sec. 7302. National agricultural weather information system.
Sec. 7304. Aflatoxin research and extension.
Sec. 7305. High-priority research and extension areas.
Sec. 7306. High-priority research and extension initiatives.
Sec. 7307. Nutrient management research and extension initiative.
Sec. 7308. Agricultural telecommunications program.
Sec. 7309. Assistive technology program for farmers with disabilities.
Sec. 7310. Organic research.
Sec. 7311. National rural information center clearinghouse.
Sec. 7312. New era rural technology program.
Subtitle D--Agricultural Research, Extension, and Education Reform Act
of 1998
Sec. 7401. Partnerships for high-value agricultural product quality research.
Sec. 7402. Precision agriculture.
Sec. 7403. Biobased products.
Sec. 7404. Thomas Jefferson initiative for crop diversification.
Sec. 7405. Integrated research, education, and extension competitive grants
program.
Sec. 7406. Fusarium graminearum grants.
Sec. 7407. Bovine Johne's disease control program.
Sec. 7408. Grants for youth organizations.
Sec. 7409. Agricultural biotechnology research and development for developing
countries.
Sec. 7410. Agricultural bioenergy and biobased products research initiative.
Sec. 7411. Specialty crop research initiative.
Sec. 7412. Office of pest management policy.
Subtitle E--Other Laws
Sec. 7501. Critical agricultural materials act.
Sec. 7502. Equity in Educational Land-Grant Status Act of 1994.
Sec. 7503. Agricultural experiment station Research Facilities Act.
Sec. 7504. National Agricultural Research, Extension, and Teaching Policy
Act Amendments of 1985.
Sec. 7505. Competitive, Special, and Facilities Research Grant Act (national
research initiative).
Sec. 7506. Agricultural Risk Protection Act of 2000 (carbon cycle research).
Sec. 7507. Renewable Resources Extension Act of 1978.
Sec. 7508. National Aquaculture Act of 1980.
Sec. 7509. Construction of a Chinese Garden at the National Arboretum.
Sec. 7510. Public education regarding use of biotechnology in producing
food for human consumption.
Sec. 7511. Fresh cut produce safety grants.
Sec. 7512. UDC/EFNEP Eligibility.
Sec. 7513. Hatch Act of 1987.
Subtitle F--Additional Provisions
Sec. 7601. Merit review of extension and educational grants.
Sec. 7602. Review of plan of work requirements.
Sec. 7603. Multistate and integration funding.
Sec. 7604. Expanded food and nutrition education program.
Sec. 7605. Grants to 1890 schools to expand extension capacity.
Sec. 7606. Borlaug international agricultural science and technology fellowship
program.
Sec. 7607. Cost Recovery.
Sec. 7608. Organic Food and Agricultural Systems Funding.
TITLE VIII--FORESTRY
Subtitle A--Cooperative Forestry Assistance Act of 1978
Sec. 8001. National priorities for private forest conservation.
Sec. 8002. Long-term, State-wide assessments and strategies for forest
resources.
Sec. 8003. Assistance to the Federated States of Micronesia, the Republic
of the Marshall Islands, and the Republic of Palau.
Sec. 8004. Changes to Forest Resource Coordinating Committee.
Sec. 8005. Changes to State Forest Stewardship Coordinating Committees.
Sec. 8006. Competition in programs under Cooperative Forestry Assistance
Act of 1978.
Sec. 8007. Cooperative forest innovation partnership projects.
Subtitle B--Amendments to Other Laws
Sec. 8101. Healthy forest reserve program.
Sec. 8102. Emergency forest restoration program.
Sec. 8103. Office of International Forestry.
Sec. 8104. Rural revitalization technologies.
Subtitle C--Miscellaneous Provisions
Sec. 8201. Hispanic-serving institution agricultural land national resources
leadership program.
TITLE IX--ENERGY
Sec. 9001. Table of contents.
Sec. 9002. Federal procurement of biobased products.
Sec. 9003. Loan guarantees for biorefineries and biofuel production plants.
Sec. 9004. Energy audit and renewable energy development program.
Sec. 9005. Renewable energy systems and energy efficiency improvements.
Sec. 9006. Biomass Research and Development Act of 2000.
Sec. 9007. Adjustments to the bioenergy program.
Sec. 9008. Research, extension, and educational programs on biobased energy
technologies and products.
Sec. 9009. Energy Council of the Department of Agriculture.
Sec. 9010. Farm energy production pilot program.
Sec. 9011. Rural energy self-sufficiency initiative.
Sec. 9012. Agricultural biofuels from biomass internship pilot program.
Sec. 9013. Feedstock flexibility program for bioenergy producers.
Sec. 9014. Biomass inventory report.
Sec. 9015. Future farmsteads program.
Sec. 9016. Sense of Congress on renewable energy.
Sec. 9017. Biodiesel fuel education program.
Sec. 9018. Biomass energy reserve.
Sec. 9019. Forest biomass for energy.
Sec. 9019. Community wood energy program.
Sec. 9020. Supplementing corn as an ethanol feedstock.
TITLE X--HORTICULTURE AND ORGANIC AGRICULTURE
Subtitle A--Honey and Bees
Sec. 10001. Annual report on response to honey bee colony collapse disorder.
Subtitle B--Horticulture Provisions
Sec. 10101. Tree assistance program.
Sec. 10102. Specialty crop block grants.
Sec. 10103. Additional section 32 funds for purchase of fruits, vegetables,
and nuts to support domestic nutrition assistance programs.
Sec. 10103A. Additional section 32 funds to provide grants for the purchase
and operation of urban gardens growing organic fruits and vegetables for
the local population.
Sec. 10104. Independent evaluation of Department of Agriculture commodity
purchase process.
Sec. 10105. Quality requirements for clementines.
Sec. 10106. Implementation of food safety programs under marketing orders.
Sec. 10107. Inclusion of specialty crops in census of agriculture.
Sec. 10108. Maturity requirements for Hass avocados.
Sec. 10109. Mushroom promotion, research, and consumer information.
Sec. 10110. Fresh produce education initiative.
Subtitle C--Pest and Disease Management
Sec. 10201. Pest and disease program.
Sec. 10202. Multi-species fruit fly research and sterile fly production.
Subtitle D--Organic Agriculture
Sec. 10301. National organic certification cost-share program.
Sec. 10302. Organic production and market data.
Sec. 10303. Organic conversion, technical, and educational assistance.
Subtitle E--Miscellaneous Provisions
Sec. 10401. Grant program to improve movement of specialty crops.
Sec. 10402. Authorization of appropriations for market news activities
regarding specialty crops.
Sec. 10403. Farmer marketing assistance program.
Sec. 10404. National Clean Plant Network.
Sec. 10405. Healthy food urban enterprise development program.
TITLE XI--MISCELLANEOUS PROVISIONS
Subtitle A--Federal Crop Insurance
Sec. 11001. Premiums and reinsurance requirements.
Sec. 11002. Catastrophic risk protection administrative fee.
Sec. 11003. Funding for reimbursements, contracting, risk management education,
and information technology.
Sec. 11004. Reimbursement of research and development costs related to
new crop insurance products.
Sec. 11005. Research and development contracts for organic production
coverage improvements.
Sec. 11006. Targeting risk management education for beginning farmers
and ranchers and certain other farmers and ranchers.
Sec. 11007. Crop insurance ineligibility related to crop production on
noncropland.
Sec. 11008. Funds for data mining.
Sec. 11009. Noninsured crop assistance program.
Sec. 11010. Change in due date for Corporation payments for underwriting
gains.
Sec. 11011. Sesame insurance pilot program.
Sec. 11012. National Drought Council and drought preparedness plans.
Sec. 11013. Payment of portion of premium for area revenue plans.
Sec. 11014. Share of risk.
Sec. 11015. Livestock Assistance.
Sec. 11016. Determination of certain sweet potato production.
Subtitle B--Livestock and Poultry
Sec. 11101. Sense of Congress regarding pseudorabies eradication program.
Sec. 11102. Arbitration of livestock and poultry contracts.
Sec. 11103. State-inspected meat and poultry.
Sec. 11104. Country of origin labeling.
Sec. 11105. Sense of Congress regarding the voluntary control program
for low pathogenic avian influenza.
Sec. 11106. Sense of Congress regarding the cattle fever tick eradication
program.
Subtitle C--Socially Disadvantaged Producers and Limited Resource Producers
Sec. 11201. Outreach and technical assistance for socially disadvantaged
farmers and ranchers and limited resource farmers and ranchers.
Sec. 11202. Improved program delivery by Department of Agriculture on
Indian reservations.
Sec. 11203. Transparency and accountability for socially disadvantaged
farmers and ranchers.
Sec. 11204. Beginning farmer and rancher development program.
Sec. 11205. Provision of receipt for service or denial of service.
Sec. 11206. Tracking of socially disadvantaged farmers and ranchers and
limited resource farmers and ranchers in Census of Agriculture and certain
studies.
Sec. 11207. Farmworker coordinator.
Sec. 11208. Office of Outreach relocation.
Sec. 11209. Minority farmer advisory committee.
Sec. 11210. Coordinator for chronically underserved rural areas.
Subtitle D--Other Miscellaneous Provisions
Sec. 11301. Designation of separate cotton-producing States under Cotton
Research and Promotion Act.
Sec. 11302. Cotton classification services.
Sec. 11303. Availability of excess and surplus computers in rural areas.
Sec. 11304. Permanent debarment from participation in Department of Agriculture
programs for fraud.
Sec. 11305. No discrimination against use of registered pesticide products
or classes of pesticide products.
Sec. 11306. Prohibition on closure or relocation of county offices for
the Farm Service Agency, Rural Development Agency, and Natural Resources
Conservation Service.
Sec. 11307. Regulation of exports of plants, plant products, biological
control organisms, and noxious weeds.
Sec. 11308. Grants to reduce production of methamphetamines from anhydrous
ammonia.
Sec. 11309. USDA Graduate School.
Sec. 11310. Prevention and investigation of payment and fraud and error.
Sec. 11311. Sense of Congress regarding food deserts, geographically isolated
neighborhoods and communities with limited or no access to major chain
grocery stores.
Sec. 11312. Pigford claims.
Sec. 11313. Comptroller general study of wastewater infrastructure near
United States-Mexico border.
Sec. 11314. Elimination of statute of limitations applicable to collection
of debt by administrative offset.
Sec. 11315. Pollinator protection.
Sec. 11316. Prohibition on use of live animals for marketing medical devices;
fines under the Animal Welfare Act.
Sec. 11317. Protection of pets.
TITLE XII--PREVENTION OF TAX TREATY EXPLOITATION TO EVADE UNITED STATES
TAXATION
Sec. 12001. Limitation on treaty benefits for certain deductible payments.
TITLE XIII--ADDITIONAL OFFSETS
Subtitle A--Conservation of Resources Fees and Repeal of Royalty Relief
Sec. 13001. Conservation of resources fees.
Sec. 13002. Repeal of certain taxpayer subsidized royalty relief for the
oil and gas industry.
Sec. 13003. Time for payment of corporate estimated taxes.
Subtitle B--Allocation of Offsets
Sec. 13011. Report on funds; rate of federal crop insurance.
TITLE I--COMMODITY PROGRAMS
Subtitle A--Direct Payments and Counter-Cyclical Payments
Sec. 1101. Adjustments to base acres.
Sec. 1102. Availability of direct payments.
Sec. 1103. Availability of counter-cyclical payments.
Sec. 1104. Availability of revenue-based counter-cyclical payments.
Sec. 1105. Producer agreement required as condition of provision of direct
payments and counter-cyclical payments.
Sec. 1106. Planting flexibility.
Sec. 1107. Period of effectiveness.
Subtitle B--Marketing Assistance Loans and Loan Deficiency Payments
Sec. 1201. Availability of nonrecourse marketing assistance loans for
loan commodities.
Sec. 1202. Loan rates for nonrecourse marketing assistance loans.
Sec. 1203. Term of loans.
Sec. 1204. Repayment of loans.
Sec. 1205. Loan deficiency payments.
Sec. 1206. Payments in lieu of loan deficiency payments for grazed acreage.
Sec. 1207. Special marketing loan provisions for upland cotton.
Sec. 1208. Special competitive provisions for extra long staple cotton.
Sec. 1209. Availability of recourse loans for high moisture feed grains
and seed cotton.
Sec. 1210. Deadline for repayment of marketing assistance loan for peanuts.
Sec. 1211. Commodity quality incentive payments for healthy oilseeds.
Subtitle C--Sugar
Sec. 1301. Sugar program.
Sec. 1302. United States membership in the international sugar organization.
Sec. 1303. Flexible marketing allotments for sugar.
Subtitle D--Dairy-Related Provisions
Sec. 1401. Dairy product price support program.
Sec. 1402. Dairy forward pricing program.
Sec. 1403. Dairy export incentive program.
Sec. 1404. Revision of Federal marketing order amendment procedures.
Sec. 1405. Dairy indemnity program.
Sec. 1406. Extension of milk income loss contract program.
Sec. 1407. Dairy promotion and research program.
Sec. 1408. Report on Department of Agriculture reporting procedures for
nonfat dry milk.
Sec. 1409. Federal Milk Marketing Order Review Commission.
Subtitle E--Administration
Sec. 1501. Administration generally.
Sec. 1502. Suspension of permanent price support authority.
Sec. 1503. Payment Limitations.
Sec. 1504. Adjusted gross income limitation.
Sec. 1505. Adjustments of loans.
Sec. 1506. Personal liability of producers for deficiencies.
Sec. 1507. Extension of existing administrative authority regarding loans.
Sec. 1508. Assignment of payments.
Sec. 1509. Tracking of benefits.
Sec. 1510. Upland cotton storage payments.
Sec. 1511. Government publication of cotton price forecasts.
SEC. 1001. DEFINITIONS.
(1) AGRICULTURAL ACT OF 1949- The term `Agricultural Act of 1949' means
the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.), as in effect prior
to the suspensions under section 171 of the Federal Agriculture Improvement
and Reform Act of 1996 (7 U.S.C. 7301), section 1602(b) of the Farm Security
and Rural Investment Act of 2002 (7 U.S.C. 7992(b)), and section 1502(b)
of this Act.
(2) BASE ACRES- The term `base acres', with respect to a covered commodity
on a farm, means the number of acres established under sections 1101 and
1302 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7911,
7952), as in effect on the day before the date of the enactment of this
Act, subject to any adjustment under section 1101 of this Act.
(3) COMPARABLE UNITED STATES QUALITY- The term `Comparable United States
Quality', with respect to upland cotton, means upland cotton classified
as Middling (M) 1 3/32 -inch cotton with a micronaire of 3.7 to 4.2, strength
30 grams per tex, and uniformity of 83.
(4) COUNTER-CYCLICAL PAYMENT- The term `counter-cyclical payment' means
a payment made to producers on a farm under section 1103 or 1104.
(5) COVERED COMMODITY- The term `covered commodity' means wheat, corn,
grain sorghum, barley, oats, upland cotton, rice, soybeans, peanuts, and
other oilseeds.
(6) DIRECT PAYMENT- The term `direct payment' means a payment made to
producers on a farm under section 1102.
(7) EFFECTIVE PRICE- The term `effective price', with respect to a covered
commodity for a crop year, means the price calculated by the Secretary
under section 1103 to determine whether counter-cyclical payments are
required to be made for that crop year under that section.
(8) EXTRA LONG STAPLE COTTON- The term `extra long staple cotton' means
cotton that--
(A) is produced from pure strain varieties of the Barbadense species
or any hybrid of the species, or other similar types of extra long staple
cotton, designated by the Secretary, having characteristics needed for
various end uses for which United States upland cotton is not suitable
and grown in irrigated cotton-growing regions of the United States designated
by the Secretary or other areas designated by the Secretary as suitable
for the production of the varieties or types; and
(B) is ginned on a roller-type gin or, if authorized by the Secretary,
ginned on another type gin for experimental purposes.
(9) FAR EAST PRICE- The term `Far East price' means the Friday through
Thursday average price quotation for the three lowest-priced growths of
upland cotton, as quoted for Middling (M) 1 3/32 -inch cotton, delivered
C/F Far East.
(10) LOAN COMMODITY- The term `loan commodity' means wheat, corn, grain
sorghum, feed barley, malt barley, oats, upland cotton, extra long staple
cotton, long grain rice, medium grain rice, short grain rice, soybeans,
peanuts, other oilseeds, wool, mohair, honey, dry peas, lentils, and small
chickpeas.
(11) OTHER OILSEED- The term `other oilseed' means a crop of sunflower
seed, rapeseed, canola, safflower, flaxseed, mustard seed, crambe, sesame
seed, or, if designated by the Secretary, another oilseed.
(12) PAYMENT ACRES- The term `payment acres', with respect to a covered
commodity on a farm, means 85 percent of the base acres for the covered
commodity, on which direct payments and counter-cyclical payments are
made.
(13) PAYMENT YIELD- The term `payment yield' means the yield established
for direct payments and counter-cyclical payments under section 1102 or
1302 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7912;
7952), as in effect on the day before the date of the enactment of this
Act, for a farm for a covered commodity.
(A) IN GENERAL- The term `producer' means an owner, operator, landlord,
tenant, or sharecropper that shares in the risk of producing a crop
and is entitled to share in the crop available for marketing from the
farm, or would have shared had the crop been produced.
(B) HYBRID SEED- In determining whether a grower of hybrid seed is a
producer, the Secretary shall--
(i) not take into consideration the existence of a hybrid seed contract;
and
(ii) ensure that program requirements do not adversely affect the
ability of the grower to receive a payment under this title.
(15) SECRETARY- The term `Secretary' means the Secretary of Agriculture.
(16) STATE- The term `State' means each of the several States of the United
States, the District of Columbia, the Commonwealth of Puerto Rico, and
any other territory or possession of the United States.
(17) TARGET PRICE- The term `target price' means the price per bushel
(or other appropriate unit in the case of upland cotton, rice, peanuts,
and other oilseeds) of a covered commodity used to determine the payment
rate for counter-cyclical payments under section 1103.
(18) UNITED STATES- The term `United States', when used in a geographical
sense, means all of the States.
(19) UNITED STATES PREMIUM FACTOR- The term `United States Premium Factor'
means the percentage by which the difference in the United States loan
schedule premiums for Strict Middling (SM) 1 1/8 -inch cotton and for
M 1 3/32 -inch exceeds the difference in the applicable premiums for comparable
international qualities delivered C/F Far East.
Subtitle A--Direct Payments and Counter-Cyclical Payments
SEC. 1101. ADJUSTMENTS TO BASE ACRES.
(a) Treatment of Conservation Reserve Contract Acreage-
(1) IN GENERAL- The Secretary shall provide for an adjustment, as appropriate,
in the base acres for covered commodities for a farm whenever either of
the following circumstances occurs:
(A) A conservation reserve contract entered into under section 1231
of the Food Security Act of 1985 (16 U.S.C. 3831) with respect to the
farm expires or is voluntarily terminated.
(B) Cropland is released from coverage under a conservation reserve
contract by the Secretary.
(2) SPECIAL PAYMENT RULES- For the crop year in which a base acres adjustment
under paragraph (1) is first made, the owner of the farm shall elect to
receive either direct payments and counter-cyclical payments with respect
to the acreage added to the farm under this subsection or a prorated payment
under the conservation reserve contract, but not both.
(b) Prevention of Excess Base Acres-
(1) REQUIRED REDUCTION- If the sum of the base acres for a farm, together
with the acreage described in paragraph (2), exceeds the actual cropland
acreage of the farm, the Secretary shall reduce the base acres for 1 or
more covered commodities for the farm so that the sum of the base acres
and acreage described in paragraph (2) does not exceed the actual cropland
acreage of the farm.
(2) OTHER ACREAGE- For purposes of paragraph (1), the Secretary shall
include the following:
(A) Any acreage on the farm enrolled in the conservation reserve program
or wetlands reserve program under chapter 1 of subtitle D of title XII
of the Food Security Act of 1985 (16 U.S.C. 3830 et seq.).
(B) Any other acreage on the farm enrolled in a conservation program
for which payments are made in exchange for not producing an agricultural
commodity on the acreage.
(3) SELECTION OF ACRES- The Secretary shall give the owner of the farm
the opportunity to select the base acres against which the reduction required
by paragraph (1) will be made.
(4) EXCEPTION FOR DOUBLE-CROPPED ACREAGE- In applying paragraph (1), the
Secretary shall make an exception in the case of double cropping, as determined
by the Secretary.
(c) Permanent Reduction in Base Acres-
(1) IN GENERAL- The owner of a farm may reduce, at any time, the base
acres for any covered commodity for the farm.
(2) ADMINISTRATION- The reduction shall be permanent and made in the manner
prescribed by the Secretary.
SEC. 1102. AVAILABILITY OF DIRECT PAYMENTS.
(a) Payment Required- For each of the 2008 through 2012 crop years of each
covered commodity, the Secretary shall make direct payments to producers
on farms for which payment yields and base acres are established.
(b) Payment Rate- The payment rates used to make direct payments with respect
to covered commodities for a crop year are 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) Rice, $2.35 per hundredweight.
(8) Soybeans, $0.44 per bushel.
(9) Other oilseeds, $0.0080 per pound.
(10) Peanuts, $36.00 per ton.
(c) Payment Amount- The amount of the direct payment to be paid to the producers
on a farm for a covered commodity for a crop year shall be equal to the
product of the following:
(1) The payment rate specified in subsection (b).
(2) The payment acres of the covered commodity on the farm.
(3) The payment yield for the covered commodity for the farm.
(1) IN GENERAL- In the case of each of the 2008 through 2012 crop years,
the Secretary may not make direct payments before October 1 of the calendar
year in which the crop of the covered commodity is harvested.
(A) OPTION- At the option of the producers on a farm, up to 22 percent
of the direct payment for a covered commodity for any of the 2008 through
2011 crop years shall be paid to the producers in advance.
(i) SELECTION- The producers shall select the month within which the
advance payment for a crop year will be made.
(ii) OPTIONS- The month selected may be any month during the period
beginning on December 1 of the calendar year before the calendar year
in which the crop of the covered commodity is harvested through the
month within which the direct payment would otherwise be made.
(iii) CHANGE- The producers may change the selected month for a subsequent
advance payment by providing advance notice to the Secretary.
(3) REPAYMENT OF ADVANCE PAYMENTS- If a producer on a farm that receives
an advance direct payment for a crop year ceases to be a producer on that
farm, or the extent to which the producer shares in the risk of producing
a crop changes, before the date the remainder of the direct payment is
made, the producer shall be responsible for repaying the Secretary the
applicable amount of the advance payment, as determined by the Secretary.
(e) Prohibition on De Minimis Payments- If the total direct payment to be
paid to a producer on a farm for all covered commodities is less than $25.00,
the Secretary shall not tender the direct payment to the producer.
SEC. 1103. AVAILABILITY OF COUNTER-CYCLICAL PAYMENTS.
(a) Payment Required- For each of the 2008 through 2012 crop years for each
covered commodity, the Secretary shall make counter-cyclical payments to
producers on farms for which payment yields and base acres are established
with respect to the covered commodity if the Secretary determines that the
effective price for the covered commodity is less than the target price
for the covered commodity.
(b) Effective Price- For purposes of subsection (a), the effective price
for a covered commodity is equal to the sum of the following:
(1) The higher of the following:
(A) The national average market price received by producers during the
12-month marketing year for the covered commodity, as determined by
the Secretary.
(B) The national average loan rate for a marketing assistance loan for
the covered commodity in effect for the applicable period under subtitle
B, except that, for the purpose of calculating counter-cyclical payments
under this section for rice and barley, the Secretary shall establish
national average all rice and all barley loan rates.
(2) The payment rate in effect for the covered commodity under section
1102 for the purpose of making direct payments with respect to the covered
commodity.
(c) Target Price- For purposes of subsection (a), the target prices for
covered commodities shall be as follows:
(1) Wheat, $4.15 per bushel.
(2) Corn, $2.63 per bushel.
(3) Grain sorghum, $2.57 per bushel.
(4) Barley, $2.73 per bushel.
(5) Oats, $1.50 per bushel.
(6) Upland cotton, $0.70 per pound.
(7) Rice, $10.50 per hundredweight.
(8) Soybeans, $6.10 per bushel.
(9) Other oilseeds, $0.1150 per pound.
(10) Peanuts, $495.00 per ton.
(d) Payment Rate- The payment rate used to make counter-cyclical payments
with respect to a covered commodity for a crop year shall be equal to the
difference between--
(1) the target price for the covered commodity; and
(2) the effective price determined under subsection (b) for the covered
commodity.
(e) Payment Amount- If counter-cyclical payments are required to be paid
under this section for any of the 2008 through 2012 crop years of a covered
commodity, the amount of the counter-cyclical payment to be paid to the
producers on a farm for that crop year shall be equal to the product of
the following:
(1) The payment rate specified in subsection (d).
(2) The payment acres of the covered commodity on the farm.
(3) The payment yield for the covered commodity for the farm.
(1) GENERAL RULE- If the Secretary determines under subsection (a) that
counter-cyclical payments are required to be made under this section for
the crop of a covered commodity, the Secretary shall make the counter-cyclical
payments for the crop as soon as practicable after the end of the 12-month
marketing year for the covered commodity.
(2) AVAILABILITY OF PARTIAL PAYMENTS- If, before the end of the 12-month
marketing year for a covered commodity, the Secretary estimates that counter-cyclical
payments will be required for the crop of the covered commodity, the Secretary
shall give producers on a farm the option to receive partial payments
of the counter-cyclical payment projected to be made for that crop of
the covered commodity.
(3) TIME FOR PARTIAL PAYMENTS FOR 2008 THROUGH 2010 CROP YEARS- If the
Secretary is required to make partial payments available under paragraph
(2) for a covered commodity for any of the 2008 through 2010 crop years--
(A) the first partial payment shall be made after completion of the
first 6 months of the marketing year for the covered commodity; and
(B) the final partial payment shall be made the later of the following:
(i) As soon as practicable after the end of the 12-month marketing
year for the covered commodity.
(ii) October 1 of the fiscal year starting in the same calendar year
as the end of the marketing year.
(4) AMOUNT OF PARTIAL PAYMENTS-
(A) FIRST PARTIAL PAYMENT- For each of the 2008 through 2010 crop years,
the first partial payment under paragraph (3) to the producers on a
farm may not exceed 40 percent of the projected counter-cyclical payment
for the covered commodity for the crop year, as determined by the Secretary.
(B) FINAL PAYMENT- The final payment for each of the 2008 through 2010
crop years shall be equal to the difference between--
(i) the actual counter-cyclical payment to be made to the producers
for the covered commodity for that crop year; and
(ii) the amount of the partial payment made to the producers under
subparagraph (A).
(5) REPAYMENT- The producers on a farm that receive a partial payment
under this subsection for a crop year shall repay to the Secretary the
amount, if any, by which the total of the partial payments exceed the
actual counter-cyclical payment to be made for the covered commodity for
that crop year.
(g) Prohibition on De Minimis Payments- If the total counter-cyclical payment
to be paid to a producer on a farm for all covered commodities is less than
$25.00, the Secretary shall not tender the counter-cyclical payment to the
producer.
SEC. 1104. AVAILABILITY OF REVENUE-BASED COUNTER-CYCLICAL PAYMENTS.
(a) Availability and Election of Alternative Approach-
(1) AVAILABILITY OF REVENUE-BASED COUNTER-CYCLICAL PAYMENTS- As an alternative
to receiving counter-cyclical payments under section 1103 with respect
to each covered commodity on a farm, the Secretary shall give the producers
on the farm an opportunity to elect to instead receive revenue-based counter-cyclical
payments under this section for the 2008 through 2012 crop years.
(2) SINGLE ELECTION; TIME FOR ELECTION- As soon as practicable after the
date of enactment of this Act, the Secretary shall provide notice to producers
regarding their opportunity to make the election described in paragraph
(1). The notice shall include the following:
(A) Notice that the opportunity of the producers on a farm to make the
election is being provided only once.
(B) Information regarding the manner in which the election must be made
and the time periods and manner in which notice of the election must
be submitted to the Secretary.
(3) ELECTION DEADLINE- Within the time period and in the manner prescribed
pursuant to paragraph (2), the producers on a farm shall submit to the
Secretary notice of the election made under paragraph (1).
(4) EFFECT OF FAILURE TO MAKE ELECTION- If the producers on a farm fail
to make the election under paragraph (1) or fail to timely notify the
Secretary of the election made, as required by paragraph (3), the producers
shall be deemed to have made the election to receive counter-cyclical
payments under section 1103 for all covered commodities on the farm.
(b) Payment Required- In the case of producers on a farm who make the election
under subsection (a) to receive revenue-based counter-cyclical payments,
the Secretary shall make revenue-based counter-cyclical payments to such
producers with respect to a covered commodity on the farm, if the Secretary
determines that the national actual revenue per acre for the covered commodity
is less than the national target revenue per acre for the covered commodity,
as determined pursuant to this section.
(c) National Actual Revenue Per Acre- For each covered commodity for each
of the 2008 through 2012 crop years, the Secretary shall establish a national
actual revenue per acre by multiplying the national average yield for the
given year by the higher of--
(1) the national average market price received by producers of the covered
commodity during the 12-month marketing year established by the Secretary;
or
(2) the loan rate for the covered commodity under section 1202, except
that, for the purpose of calculating national actual revenue per acre
for rice and barley, the Secretary shall establish national average all
rice and all barley loan rates.
(d) National Target Revenue Per Acre- The national target revenue per acre
shall be, on a per acre basis, as follows:
(3) Grain Sorghum, $131.28.
(6) Upland cotton, $496.93.
(9) Other oilseeds, $129.18.
(e) National Payment Yield- The national payment yield shall be as follows:
(1) Wheat, 36.1 bushels per acre.
(2) Corn, 114.4 bushels per acre.
(3) Grain Sorghum, 58.2 bushels per acre.
(4) Barley, 48.6 bushels per acre.
(5) Oats, 49.8 bushels per acre.
(6) Upland cotton, 634 pounds per acre.
(7) Rice, 51.28 hundredweight per acre.
(8) Soybeans, 34.1 bushels per acre.
(9) Other oilseeds, 1167.6 pounds per acre.
(10) Peanuts, 1.496 tons per acre.
(f) National Payment Rate- The national payment rate used to make revenue-based
counter-cyclical payments for a crop year shall be the result of--
(1) the difference between the national target revenue per acre for the
covered commodity and the national actual revenue per acre for the covered
commodity; divided by
(2) the national payment yield for the covered commodity.
(g) Payment Amount- If revenue-based counter-cyclical payments are required
to be paid for any of the 2008 through 2012 crop years of a covered commodity,
the amount of the counter-cyclical payment to be paid to the producers on
a farm for that crop year for the covered commodity shall be equal to the
product of--
(1) the national payment rate for the covered commodity;
(2) the payment acres of the covered commodity on the farm; and
(3) the payment yield for counter-cyclical payments for the covered commodity.
(1) GENERAL RULE- If the Secretary determines that revenue-based counter-cyclical
payments are required to be made under this section for the crop of a
covered commodity, the Secretary shall make the counter-cyclical payments
for the crop as soon as practicable after the end of the 12-month marketing
year for the covered commodity.
(2) AVAILABILITY OF PARTIAL PAYMENTS- If, before the end of the 12-month
marketing year for a covered commodity, the Secretary estimates that revenue-based
counter-cyclical payments will be required for the crop of the covered
commodity, the Secretary shall give producers on a farm the option to
receive partial payments of the revenue-based counter-cyclical payments
projected to be made for that crop of the covered commodity.
(3) TIME FOR PARTIAL PAYMENTS FOR 2008 THROUGH 2010 CROP YEARS- If the
Secretary is required to make partial payments available under paragraph
(2) for a covered commodity for any of the 2008 through 2010 crop years--
(A) the first partial payment shall be made after completion of the
first 6 months of the marketing year for the covered commodity; and
(B) the final partial payment shall be made the later of the following:
(i) As soon as practicable after the end of the 12-month marketing
year for the covered commodity.
(ii) October 1 of the fiscal year starting in the same calendar year
as the end of the marketing year.
(4) AMOUNT OF PARTIAL PAYMENTS-
(A) FIRST PARTIAL PAYMENT- For each of the 2008 through 2010 crop years,
the first partial payment under paragraph (3) to the producers on a
farm may not exceed 40 percent of the projected revenue-based counter-cyclical
payment for the covered commodity for the crop year, as determined by
the Secretary.
(B) FINAL PAYMENT- The final payment for each of the 2008 through 2010
crop years shall be equal to the difference between--
(i) the actual revenue-based counter-cyclical payments to be made
to the producers for the covered commodity for that crop year; and
(ii) the amount of the partial payment made to the producers on a
farm under subparagraph (A) for that crop year.
(5) REPAYMENT- Producers on a farm that receive a partial payment under
this subsection for a crop year shall repay to the Secretary the amount,
if any, by which the total of the partial payments exceed the actual revenue-based
counter-cyclical payments to be made for the covered commodity for that
crop year.
(i) Prohibition on De Minimis Payments- If the total revenue-based counter-cyclical
payment to be paid to a producer on a farm for all covered commodities is
less than $25.00, the Secretary shall not tender the revenue-based counter-cyclical
payment to the producer.
SEC. 1105. PRODUCER AGREEMENT REQUIRED AS CONDITION OF PROVISION OF DIRECT
PAYMENTS AND COUNTER-CYCLICAL PAYMENTS.
(a) Compliance With Certain Requirements-
(1) REQUIREMENTS- Before the producers on a farm may receive direct payments
or counter-cyclical payments with respect to the farm, the producers shall
agree, during the crop year for which the payments are made and in exchange
for the payments--
(A) to comply with applicable conservation requirements under subtitle
B of title XII of the Food Security Act of 1985 (16 U.S.C. 3811 et seq.);
(B) to comply with applicable wetland protection requirements under
subtitle C of title XII of that Act (16 U.S.C. 3821 et seq.);
(C) to comply with the planting flexibility requirements of section
1106;
(D) to use the land on the farm, in a quantity equal to the attributable
base acres for the farm for an agricultural or conserving use, and not
for a nonagricultural commercial or industrial use, as determined by
the Secretary; and
(E) to effectively control noxious weeds and otherwise maintain the
land in accordance with sound agricultural practices, as determined
by the Secretary.
(2) COMPLIANCE- The Secretary may issue such rules as the Secretary considers
necessary to ensure producer compliance with the requirements of paragraph
(1).
(3) MODIFICATION- At the request of the transferee or owner, the Secretary
may modify the requirements of this subsection if the modifications are
consistent with the objectives of this subsection, as determined by the
Secretary.
(b) Transfer or Change of Interest in Farm-
(A) IN GENERAL- Except as provided in paragraph (2), a transfer of (or
change in) the interest of the producers on a farm in base acres for
which direct payments or counter-cyclical payments are made shall result
in the termination of the payments with respect to the base acres, unless
the transferee or owner of the acreage agrees to assume all obligations
under subsection (a).
(B) EFFECTIVE DATE- The termination shall take effect on the date determined
by the Secretary.
(2) EXCEPTION- If a producer entitled to a direct payment or counter-cyclical
payment dies, becomes incompetent, or is otherwise unable to receive the
payment, the Secretary shall make the payment, in accordance with rules
issued by the Secretary.
(c) Acreage Reports- As a condition on the receipt of any benefits under
this subtitle or subtitle B, the Secretary shall require producers on a
farm to submit to the Secretary annual acreage reports with respect to all
cropland on the farm.
(d) Tenants and Sharecroppers- In carrying out this subtitle, the Secretary
shall provide adequate safeguards to protect the interests of tenants and
sharecroppers.
(e) Sharing of Payments- The Secretary shall provide for the sharing of
direct payments and counter-cyclical payments among the producers on a farm
on a fair and equitable basis.
SEC. 1106. PLANTING FLEXIBILITY.
(a) Permitted Crops- Subject to subsection (b), any commodity or crop may
be planted on base acres on a farm.
(b) Limitations Regarding Certain Commodities-
(1) GENERAL LIMITATION- The planting of an agricultural commodity specified
in paragraph (3) shall be prohibited on base acres unless the commodity,
if planted, is destroyed before harvest.
(2) TREATMENT OF TREES AND OTHER PERENNIALS- The planting of an agricultural
commodity specified in paragraph (3) that is produced on a tree or other
perennial plant shall be prohibited on base acres.
(3) COVERED AGRICULTURAL COMMODITIES- Paragraphs (1) and (2) apply to
the following agricultural commodities:
(B) Vegetables (other than lentils, mung beans, and dry peas).
(c) Exceptions- Paragraphs (1) and (2) of subsection (b) shall not limit
the planting of an agricultural commodity specified in paragraph (3) of
that subsection--
(1) in any region in which there is a history of double-cropping of covered
commodities with agricultural commodities specified in subsection (b)(3),
as determined by the Secretary, in which case the double-cropping shall
be permitted;
(2) on a farm that the Secretary determines has a history of planting
agricultural commodities specified in subsection (b)(3) on base acres,
except that direct payments and counter-cyclical payments shall be reduced
by an acre for each acre planted to such an agricultural commodity; or
(3) by the producers on a farm that the Secretary determines has an established
planting history of a specific agricultural commodity specified in subsection
(b)(3), except that--
(A) the quantity planted may not exceed the average annual planting
history of such agricultural commodity by the producers on the farm
in the 1991 through 1995 or 1998 through 2001 crop years (excluding
any crop year in which no plantings were made), as determined by the
Secretary; and
(B) direct payments and counter-cyclical payments shall be reduced by
an acre for each acre planted to such agricultural commodity.
(d) Planting Transferability Pilot Project-
(1) PILOT PROJECT AUTHORIZED- In addition to the exceptions provided in
subsection (c), the Secretary shall carry out a pilot project in the State
of Indiana under which paragraphs (1) and (2) of subsection (b) shall
not limit the planting of tomatoes grown for processing on up to 10,000
base acres during each of the 2008 through 2012 crop years.
(2) CONTRACT AND MANAGEMENT REQUIREMENTS- To be eligible for selection
to participate in the pilot project, a producer must--
(A) have a contract to grow tomatoes for processing; and
(B) agree to produce the tomatoes as part of a program of crop rotation
on the farm to achieve agronomic and pest and disease management benefits.
(3) TEMPORARY REDUCTION IN BASE ACRES- The base acres on a farm for a
crop year shall be reduced by an acre for each acre planted to tomatoes
under the pilot program.
(4) DURATION OF REDUCTIONS- The reduction in the base acres of a farm
for a crop year under paragraph (3) shall expire at the end of the crop
year, unless the producers on the farm elect to continue to participate
in the pilot project for the subsequent crop year.
(5) RECALCULATION OF BASE ACRES- If the Secretary recalculates base acres
for a farm while the farm is included in the pilot project, the planting
and production of tomatoes under the pilot project shall be considered
to be the same as the planting, prevented planting, or production of a
covered commodity. Nothing in this paragraph provides authority for the
Secretary to recalculate base acres for a farm.
SEC. 1107. PERIOD OF EFFECTIVENESS.
This subtitle shall be effective beginning with the 2008 crop year of each
covered commodity through the 2012 crop year.
Subtitle B--Marketing Assistance Loans and Loan Deficiency Payments
SEC. 1201. AVAILABILITY OF NONRECOURSE MARKETING ASSISTANCE LOANS FOR
LOAN COMMODITIES.
(a) Nonrecourse Loans Available-
(1) AVAILABILITY- For each of the 2008 through 2012 crops of each loan
commodity, the Secretary shall make available to producers on a farm nonrecourse
marketing assistance loans for loan commodities produced on the farm.
(2) TERMS AND CONDITIONS- The marketing assistance loans shall be made
under terms and conditions that are prescribed by the Secretary and at
the loan rate established under section 1202 for the loan commodity.
(b) Eligible Production- The producers on a farm shall be eligible for a
marketing assistance loan under subsection (a) for any quantity of a loan
commodity produced on the farm.
(c) Treatment of Certain Commingled Commodities- In carrying out this subtitle,
the Secretary shall make loans to producers on a farm that would be eligible
to obtain a marketing assistance loan, but for the fact the loan commodity
owned by the producers on the farm commingled with loan commodities of other
producers in facilities unlicensed for the storage of agricultural commodities
by the Secretary or a State licensing authority, if the producers obtaining
the loan agree to immediately redeem the loan collateral in accordance with
section 166 of the Federal Agriculture Improvement and Reform Act of 1996
(7 U.S.C. 7286).
(d) Compliance With Conservation and Wetlands Requirements- As a condition
of the receipt of a marketing assistance loan under subsection (a), the
producer shall comply with applicable conservation requirements under subtitle
B of title XII of the Food Security Act of 1985 (16 U.S.C. 3811 et seq.)
and applicable wetland protection requirements under subtitle C of title
XII of the Act (16 U.S.C. 3821 et seq.) during the term of the loan.
(e) Peanut-Related Loan Provisions-
(1) OPTIONS FOR OBTAINING LOANS- A marketing assistance loan for peanuts
under this section and loan deficiency payments for peanuts under section
1205 may be obtained at option of the producers on a farm through--
(A) a designated marketing association or marketing cooperative of producers
that is approved by the Secretary; or
(B) the Farm Service Agency.
(2) STORAGE OF LOAN PEANUTS- As a condition on the Secretary's approval
of an individual or entity to provide storage for peanuts for which a
marketing assistance loan is made under this section, the individual or
entity shall agree--
(A) to provide such storage on a nondiscriminatory basis; and
(B) to comply with such additional requirements as the Secretary considers
appropriate to accomplish the purposes of this section and promote fairness
in the administration of the benefits of this section.
(3) MARKETING- A marketing association or cooperative may market peanuts
for which a loan is made under this section in any manner that conforms
to consumer needs, including the separation of peanuts by type and quality.
SEC. 1202. LOAN RATES FOR NONRECOURSE MARKETING ASSISTANCE LOANS.
(a) Loan Rates- The loan rate for a marketing assistance loan under section
1201 for a loan commodity shall be equal to the following:
(1) In the case of wheat, $2.94 per bushel.
(2) In the case of corn, $1.95 per bushel.
(3) In the case of grain sorghum, $1.95 per bushel.
(4) In the case of malt barley, $2.50 per bushel.
(5) In the case of feed barley, $1.90 per bushel.
(6) In the case of oats, $1.46 per bushel.
(7) In the case of the base quality of upland cotton, $0.52 per pound.
(8) In the case of extra long staple cotton, $0.7977 per pound.
(9) In the case of long grain rice, $6.50 per hundredweight.
(10) In the case of medium grain rice and short grain rice, $6.50 per
hundredweight.
(11) In the case of soybeans, $5.00 per bushel.
(12) In the case of other oilseeds, $0.1070 per pound for each of the
following kinds of oilseeds:
(I) Other oilseeds designated by the Secretary.
(13) In the case of dry peas, $5.40 per hundredweight.
(14) In the case of lentils, $11.28 per hundredweight.
(15) In the case of small chickpeas, $8.54 per hundredweight.
(16) In the case of peanuts, $355.00 per ton.
(17) In the case of graded wool, $1.10 per pound.
(18) In the case of nongraded wool, $0.40 per pound.
(19) In the case of honey, $0.60 per pound.
(20) In the case of mohair, $4.20 per pound.
(b) Single County Loan Rate for Other Oilseeds- The Secretary shall establish
a single loan rate in each county for each kind of other oilseeds described
in subsection (a)(12).
(c) Special Rules for Corn and Grain Sorghum-
(1) SINGLE COUNTY AND NATIONAL AVERAGE LOAN RATE- The Secretary shall--
(A) establish a single county loan rate for corn and grain sorghum in
each county;
(B) establish a single national average loan rate for corn and grain
sorghum; and
(C) determine each county loan rate and the national average loan rate
for corn and grain sorghum and any and all other program loan rates
applicable to corn and grain sorghum from a data set that includes prices
for both commodities.
(2) ADMINISTRATION- With respect to corn and grain sorghum, the Secretary--
(A) shall administer the applicable loan, marketing loan, counter-cyclical
payment, and related programs from a single loan rate for corn and grain
sorghum that is identical in each individual county;
(B) shall provide that any adjustment in the loan rate for location
shall be determined and applied on the basis of the combined data set
such that any transportation adjustment shall be the same for corn and
grain sorghum in each individual county; and
(C) may provide for adjustments for grade, type, and quality as appropriate
for the corn or grain sorghum involved in each specific transaction.
SEC. 1203. TERM OF LOANS.
(a) Term of Loan- In the case of each loan commodity, a marketing assistance
loan under section 1201 shall have a term of 9 months beginning on the first
day of the first month after the month in which the loan is made.
(b) Extensions Prohibited- The Secretary may not extend the term of a marketing
assistance loan for any loan commodity.
SEC. 1204. REPAYMENT OF LOANS.
(a) General Rule- The Secretary shall permit the producers on a farm to
repay a marketing assistance loan under section 1201 for a loan commodity
(other than upland cotton, long grain rice, medium grain rice, short grain
rice, extra long staple cotton, and confectionery and each other kind of
sunflower seed (other than oil sunflower seed)) at the lesser of the following:
(1) The loan rate established for the commodity under section 1202, plus
interest (determined in accordance with section 163 of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7283)).
(2) A rate that the Secretary determines will--
(A) minimize potential loan forfeitures;
(B) minimize the accumulation of stocks of the commodity by the Federal
Government;
(C) minimize the cost incurred by the Federal Government in storing
the commodity;
(D) allow the commodity produced in the United States to be marketed
freely and competitively, both domestically and internationally; and
(E) minimize discrepancies in marketing loan benefits across State boundaries
and across county boundaries, if applicable.
(b) Repayment Rates for Upland Cotton and Rice- The Secretary shall permit
producers to repay a marketing assistance loan under section 1201 for upland
cotton, long grain rice, medium grain rice, and short grain rice at a rate
that is the lesser of--
(1) the loan rate established for the commodity under section 1202, plus
interest (determined in accordance with section 163 of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7283)); or
(2) the prevailing world market price for the commodity (adjusted to United
States quality and location), as determined by the Secretary.
(c) Repayment Rates for Extra Long Staple Cotton- Repayment of a marketing
assistance loan for extra long staple cotton shall be at the loan rate established
for the commodity under section 1202, plus interest (determined in accordance
with section 163 of the Federal Agriculture Improvement and Reform Act of
1996 (7 U.S.C. 7283)).
(d) Prevailing World Market Price- For purposes of this section and section
1207, the Secretary shall prescribe by regulation--
