U.S. Congress - Text of S.919 as Introduced in Senate Healthy Farms, Foods, and Fuels Act of 2007
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Donate NowS.919 - Healthy Farms, Foods, and Fuels Act of 2007
A bill to reauthorize Department of Agriculture conservation and energy programs and certain other programs of the Department, to modify the operation and administration of these programs, and for other purposes.
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S 919 ISCommentsClose CommentsPermalink
To reauthorize Department of Agriculture conservation and energy programs and certain other programs of the Department, to modify the operation and administration of these programs, and for other purposes.CommentsClose CommentsPermalink
March 20, 2007
Mr. MENENDEZ (for himself, Mrs. BOXER, Mr. KERRY, Mr. CARDIN, and Mr. LAUTENBERG) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and ForestryCommentsClose CommentsPermalink
To reauthorize Department of Agriculture conservation and energy programs and certain other programs of the Department, to modify the operation and administration of these programs, and for other purposes.CommentsClose CommentsPermalink
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `Healthy Farms, Foods, and Fuels Act of 2007'.CommentsClose CommentsPermalink
(b) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink
Sec. 1. Short title and table of contents.CommentsClose CommentsPermalink
TITLE I--CONSERVATION
Sec. 101. Conservation reserve program.CommentsClose CommentsPermalink
Sec. 102. Wetlands reserve program.CommentsClose CommentsPermalink
Sec. 103. Conservation security program.CommentsClose CommentsPermalink
Sec. 104. Reauthorization of and increased enrollment authority for grassland reserve program.CommentsClose CommentsPermalink
Sec. 105. Environmental quality incentives program.CommentsClose CommentsPermalink
Sec. 106. Reauthorization of and increased funding for wildlife habitat incentive program.CommentsClose CommentsPermalink
Sec. 107. Cooperative conservation partnership initiative.CommentsClose CommentsPermalink
Sec. 108. Regional equity in funding of certain Department of Agriculture conservation programs.CommentsClose CommentsPermalink
Sec. 109. Exclusion of payments under Department of Agriculture conservation programs from adjusted gross income limitation.CommentsClose CommentsPermalink
Sec. 110. Reauthorization of and additional funding for agricultural management assistance program.CommentsClose CommentsPermalink
Sec. 111. Community Forests and Open Space Conservation Program.CommentsClose CommentsPermalink
Sec. 112. Farmland protection and farm viability programs.CommentsClose CommentsPermalink
Sec. 113. Healthy forests reserve program.CommentsClose CommentsPermalink
Sec. 114. Integrated pest management initiative.CommentsClose CommentsPermalink
Sec. 115. Conservation access initiative to encourage greater participation by socially disadvantaged farmers and ranchers in conservation programs.CommentsClose CommentsPermalink
Sec. 116. Conservation loan guarantee program.CommentsClose CommentsPermalink
Sec. 117. Pilot program for comprehensive conservation planning.CommentsClose CommentsPermalink
Sec. 118. Technical assistance under Department of Agriculture conservation programs.CommentsClose CommentsPermalink
TITLE II--ENERGY
Sec. 201. Definition of biomass.CommentsClose CommentsPermalink
Sec. 202. Support for development of biorefineries.CommentsClose CommentsPermalink
Sec. 203. Reauthorization of energy audit and renewable energy development program.CommentsClose CommentsPermalink
Sec. 204. Reauthorization of and increased funding for renewable energy systems and energy efficiency improvements program.CommentsClose CommentsPermalink
Sec. 205. Reauthorization of Department of Agriculture bioenergy program.CommentsClose CommentsPermalink
Sec. 206. Reauthorization of and increased funding for biomass research and development.CommentsClose CommentsPermalink
Sec. 207. Reauthorization of carbon cycle research.CommentsClose CommentsPermalink
TITLE III--HEALTHY FOOD CHOICES
Sec. 301. Reauthorization of and increased funding for community food project competitive grants.CommentsClose CommentsPermalink
Sec. 302. Expansion of fresh fruit and vegetable program.CommentsClose CommentsPermalink
Sec. 303. Authorization level for farm-to-cafeteria activities.CommentsClose CommentsPermalink
Sec. 304. Extension of WIC farmer's market nutrition program.CommentsClose CommentsPermalink
Sec. 305. Senior farmers' market nutrition program.CommentsClose CommentsPermalink
Sec. 306. Farmers' market promotion program.CommentsClose CommentsPermalink
Sec. 307. Department of Defense and Department of Agriculture procurement of locally produced agricultural products.CommentsClose CommentsPermalink
Sec. 308. Fruit and vegetable nutrition promotion program.CommentsClose CommentsPermalink
Sec. 309. Use of `Dietary Guidelines for Americans' in special nutrition programs and school lunch programs.CommentsClose CommentsPermalink
Sec. 310. Section 32 specialty crop purchases.CommentsClose CommentsPermalink
Sec. 311. Amendments to the food stamp program.CommentsClose CommentsPermalink
Sec. 312. Food stamp fruit and vegetable electronic benefit transfer pilot project.CommentsClose CommentsPermalink
TITLE IV--PROMOTION OF NEW MARKETS AND FARM VIABILITY
Sec. 401. Farm viability program.CommentsClose CommentsPermalink
Sec. 402. National organic certification and transition cost share program.CommentsClose CommentsPermalink
Sec. 402A. National Organic Technical Committee.CommentsClose CommentsPermalink
Sec. 403. Organic agriculture research and extension initiative.CommentsClose CommentsPermalink
Sec. 404. Funding for education grants programs for Hispanic-serving institutions.CommentsClose CommentsPermalink
Sec. 405. Extension and funding increase for the Value-Added Agricultural Product Market Development Grant Program.CommentsClose CommentsPermalink
TITLE I--CONSERVATION
SEC. 101. CONSERVATION RESERVE PROGRAM.
(a) Extension-CommentsClose CommentsPermalink
(1) FUNDING EXTENSION- Section 1241(a) of the Food Security Act of 1985 (
(A) in the matter preceding paragraph (1), by striking `2007' and inserting `2013'; andCommentsClose CommentsPermalink
(B) in paragraph (1), by striking `The' and inserting `For each of fiscal years 2002 through 2013, the'.CommentsClose CommentsPermalink
(2) CONFORMING AMENDMENTS- Section 1231 of such Act (
(A) in subsection (a), by striking `2007' and inserting `2013';CommentsClose CommentsPermalink
(B) in subsection (d), by striking `2007' and inserting `2013';CommentsClose CommentsPermalink
(C) in subsection (e)(3), by striking `2002' and inserting `2008'; andCommentsClose CommentsPermalink
(D) in subsection (h)(1), by striking `2007' and inserting `2013'.CommentsClose CommentsPermalink
(b) Eligible Land- Section 1231(b) of such Act (
(1) by striking the period at the end of paragraph (1) and inserting a semicolon;CommentsClose CommentsPermalink
(2) by striking `or' at the end of paragraph (4)(C);CommentsClose CommentsPermalink
(3) by striking the period at the end of paragraph (5) and inserting `; or'; andCommentsClose CommentsPermalink
(4) by adding at the end the following new paragraphs:CommentsClose CommentsPermalink
`(6) marginal pasture land or hay land that is otherwise ineligible, if the land is to be devoted to native vegetation appropriate to the locale and--CommentsClose CommentsPermalink
`(A) will provide suitable habitat for State or federally listed threatened or endangered species or species determined by the Secretary of the Interior to be species of concern; orCommentsClose CommentsPermalink
`(B) will contribute to the restoration of an endangered ecosystem or rare and declining forest ecosystem, as defined by the Secretary.'.CommentsClose CommentsPermalink
(c) Enrollment Goals- Section 1231(d) of such Act (
(1) by striking `The Secretary' and inserting:CommentsClose CommentsPermalink
`(1) ACREAGE AUTHORIZED- The Secretary'; andCommentsClose CommentsPermalink
(2) by adding at the end the following new paragraph:CommentsClose CommentsPermalink
`(2) ENROLLMENT GOALS- For the period beginning on the date of the enactment of this paragraph and ending on December 31, 2013, the Secretary shall establish a goal--CommentsClose CommentsPermalink
`(A) to enroll not less than 7,000,000 acres of eligible land, including land to be devoted to the restoration of rare and declining forests, through the continuous enrollment program and the conservation reserve enhancement program; andCommentsClose CommentsPermalink
`(B) to maintain enrollment of at least 7,800,000 acres in the Prairie Pothole Region National Conservation Priority Area.'.CommentsClose CommentsPermalink
(d) Contracts To Restore Rare and Declining Forests- Section 1231(e)(2) of such Act (
`(C) RARE AND DECLINING FORESTS- In the case of land to be devoted to the restoration of rare and declining forest ecosystems, as determined by the Secretary, the Secretary may enter into contracts of more than 15 years.'.CommentsClose CommentsPermalink
(e) Balance of Natural Resource Purposes- Section 1231(j) of such Act (
(1) by striking `In determining' and inserting the following:CommentsClose CommentsPermalink
`(1) EQUITABLE BALANCE OF CONSERVATION PURPOSES- In determining';CommentsClose CommentsPermalink
(2) by striking the period at the end and inserting `, but need not balance all conservation purposes with respect to each particular contract offer.'; andCommentsClose CommentsPermalink
(3) by adding at the end the following new paragraph:CommentsClose CommentsPermalink
`(2) WILDLIFE- In considering the extent to which a contract offer will achieve the conservation purposes of the program related to wildlife habitat, the Secretary shall consider the extent to which the contract offer will contribute to increased populations of wildlife, including waterfowl, nongame grassland birds and neotropical migrants, and assist in the recovery of at-risk species.'.CommentsClose CommentsPermalink
(f) Duties of Participants- Section 1232(a) of such Act (
(1) in paragraph (4)--CommentsClose CommentsPermalink
(A) by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively; andCommentsClose CommentsPermalink
(B) by inserting before subparagraph (B), as so redesignated, the following new subparagraph:CommentsClose CommentsPermalink
`(A) approved vegetative cover shall not include vegetative cover inappropriate to the locale;';CommentsClose CommentsPermalink
(2) by redesignating paragraphs (5) through (10) as paragraphs (6) through (11), respectively;CommentsClose CommentsPermalink
(3) by inserting after paragraph (4) the following new paragraph:CommentsClose CommentsPermalink
`(5) to undertake appropriate management activities on the land as needed throughout the term of the contract to achieve the purposes of the conservation reserve program;'; andCommentsClose CommentsPermalink
(4) in subparagraph (A)(i)(II) of paragraph (8), as so redesignated, by inserting after `may be conducted' the following: `, taking into account grassland types and species, location, weather conditions, and other factors that determine to what extent harvesting and grazing activities will advance the conservation purposes of the program'.CommentsClose CommentsPermalink
(g) Conservation Plan- Section 1232(b)(1) of such Act (
(1) in subparagraph (A), by striking `; and' and inserting `, including appropriate management activities required by subsection (a)(5);' andCommentsClose CommentsPermalink
(2) by adding at the end the following new subparagraph:CommentsClose CommentsPermalink
`(C) criteria for conducting any commercial use to be permitted, including criteria for managed harvesting and grazing specifying frequency, timing, number of animal units, percentage of field, and other criteria to ensure that managed harvesting and grazing advances the conservation purposes of the program; and'.CommentsClose CommentsPermalink
(h) Cost-Share and Management Assistance- Section 1234(b) of such Act (
(1) in paragraph (1), by inserting before the period at the end the following: `, except that the Secretary shall pay 75 percent of the cost of establishing bottomland hardwood trees and longleaf pine'; andCommentsClose CommentsPermalink
(2) by adding at the end the following new paragraph:CommentsClose CommentsPermalink
`(6) MANAGEMENT COSTS- The Secretary shall pay 75 percent of the cost of management activities, including the use of prescribed fire, control of invasive species, and native understory restoration on land devoted to trees, that are required under a contract entered into under this subchapter, subject to such limits as the Secretary may establish.'.CommentsClose CommentsPermalink
(i) Acceptance of Contract Offers- Section 1234(c)(3) of such Act (
(1) by striking `In determining' and inserting the following:CommentsClose CommentsPermalink
`(A) MAXIMIZING ENVIRONMENTAL BENEFITS- In determining';CommentsClose CommentsPermalink
(2) by striking `may' and all that follows through `take into consideration' and inserting `shall take into consideration';CommentsClose CommentsPermalink
(3) by striking `benefits; and' and inserting `benefits. The Secretary shall establish criteria for the acceptance of contract offers that will maximize environmental benefits, including criteria related to the characteristics of the land that is the subject of the contract offer, its location, proposed cover and proposed management practices.';CommentsClose CommentsPermalink
(4) by striking `(B) establish' and inserting the following:CommentsClose CommentsPermalink
`(B) FLEXIBILITY- The Secretary may establish';CommentsClose CommentsPermalink
(5) by striking `abated.' and inserting `abated, in order to more effectively address specific State or regional resource concerns and conservation priorities, including restoration of rare and declining forest ecosystems.'; andCommentsClose CommentsPermalink
(6) by adding at the end the following new subparagraph:CommentsClose CommentsPermalink
`(C) RELATIONSHIP TO OTHER CONSERVATION PROGRAMS- In the enrollment of land in the conservation reserve established under this subchapter, the Secretary shall give a priority to land that cannot produce comparable environmental benefits if maintained in agricultural production and enrolled in the environmental quality incentives program or other program designed to assist producers in improving the environmental performance of working agricultural land.'.CommentsClose CommentsPermalink
(j) Conservation Reserve Enhancement Program- Section 1234(f)(1) of such Act is (
SEC. 102. WETLANDS RESERVE PROGRAM.
(a) Extension-CommentsClose CommentsPermalink
(1) FUNDING EXTENSION- Section 1241(a)(2) of the Food Security Act of 1985 (
(2) CONFORMING AMENDMENT- Section 1237(c) of such Act (
(b) Maximum and Yearly Enrollment- Section 1237(b)(1) of such Act (
(1) by striking `2,275,000 acres' and inserting `5,000,000 acres'; andCommentsClose CommentsPermalink
(2) by striking `250,000 acres in each calendar year' and inserting `350,000 acres in each of calendar years 2008 and 2009 and 250,000 acres in each of calendar years 2010 through 2013'.CommentsClose CommentsPermalink
(c) Enrollment of Riparian Areas- Section 1237(d)(3) of such Act (
(d) Wetland Easement Conservation Plan- Section 1237A(b)(3) of such Act (
(e) Valuation of Easements- Section 1237A(f) of such Act (
(f) Cost-Share and Management Assistance- Section 1237C of such Act (
(1) in subsection (a)(1), by inserting `including management activities,' after `values,'; andCommentsClose CommentsPermalink
(2) in subsection (b), by adding at the end the following new paragraph:CommentsClose CommentsPermalink
`(4) MANAGEMENT COSTS- The Secretary may make payments to owners to cover up to the full actual cost of undertaking any ongoing or periodic management activities necessary to maintain the functional values of wetland enrolled in the wetlands reserve program.'.CommentsClose CommentsPermalink
(g) Easement Priorities- Section 1237C(d) of such Act (
SEC. 103. CONSERVATION SECURITY PROGRAM.
(a) Repeal of Funding Cap- Section 1241(a)(3) of the Food Security Act of 1985 (
(b) Program Extension- Section 1238A(a) of the Food Security Act of 1985 (
(c) Three Tiers of Conservation Security Contracts- Section 1238A(d) of such Act (
(1) in paragraph (4)--CommentsClose CommentsPermalink
(A) by redesignating subparagraphs (R) and (S) as subparagraphs (S) and (T), respectively; andCommentsClose CommentsPermalink
(B) by inserting after subparagraph (Q), the following new subparagraph:CommentsClose CommentsPermalink
`(R) enhancement of in-stream flows;';CommentsClose CommentsPermalink
(2) in paragraph (5)--CommentsClose CommentsPermalink
(A) in the matter preceding subparagraph (A), by striking `paragraph (6)' and inserting `paragraph (7)';CommentsClose CommentsPermalink
(B) in subparagraph (A)(ii)(I), by striking `1 significant resource' and inserting `2 significant resources'; andCommentsClose CommentsPermalink
(C) in subparagraph (B)(ii)(I), by striking `1 significant resource' and inserting `3 significant resources';CommentsClose CommentsPermalink
(3) by redesignating paragraph (6) as paragraph (7); andCommentsClose CommentsPermalink
(4) by inserting after paragraph (5) the following new paragraph:CommentsClose CommentsPermalink
`(6) SOIL QUALITY REQUIREMENTS FOR CERTAIN PRODUCERS- Certified organic producers and producers implementing a resource-conserving crop rotation shall be deemed to meet any minimum requirements related to soil quality and the preservation of soil carbon that the Secretary may establish for each tier of conservation security contracts.'.CommentsClose CommentsPermalink
(d) Contract Renewal- Section 1238A(e)(4) of such Act (
(1) in subparagraph (A), by striking `subparagraph (B)' and inserting `subparagraphs (B), (C), and (D)'; andCommentsClose CommentsPermalink
(2) by striking subparagraph (B) and inserting the following new subparagraphs:CommentsClose CommentsPermalink
`(B) TIER I RENEWALS- In the case of land enrolled under a Tier I conservation security contract of a producer, the producer may--CommentsClose CommentsPermalink
`(i) renew the contract if the producer agrees to a new conservation security plan that addresses at least one additional significant resource concern and includes significant new conservation practices and activities, as determined by the Secretary; orCommentsClose CommentsPermalink
`(ii) enroll the land under a Tier II or Tier III conservation security contract at the time the Tier I contract expires if the producer demonstrates that the eligibility criteria for a Tier III conservation security contract are met.CommentsClose CommentsPermalink
`(C) TIER II RENEWALS- In the case of land enrolled under a Tier II conservation security contract of a producer, the producer may--CommentsClose CommentsPermalink
`(i) renew the contract if the producer agrees to a new conservation security plan that includes significant new conservation practices or activities, as determined by the Secretary; orCommentsClose CommentsPermalink
`(ii) enroll the land under a Tier III conservation security contract at the time the Tier II contract expires if the producer demonstrates that the eligibility criteria for a Tier III conservation security contract are met.CommentsClose CommentsPermalink
`(D) TIER III RENEWALS- In the case of land enrolled under a Tier III conservation security contract of a producer, the producer may renew the contract, subject to a benchmark assessment by the Secretary to determine whether the producer fully complied with the requirements of the Tier III conservation security plan.'.CommentsClose CommentsPermalink
(e) Elimination of Maintenance Payments- Section 1238C(b)(1)(B) of such Act (
(f) Minimum Contract Payment- Section 1238C(b) of such Act (
`(4) MINIMUM PAYMENT- Notwithstanding any other provision in this subsection, a producer participating in the conservation security program shall be entitled to an annual payment of not less than $1,500 under a conservation security contract.'.CommentsClose CommentsPermalink
(g) Enrollment Procedures- Subsection (f) of section 1238C of such Act (
`(f) Enrollment Procedures-CommentsClose CommentsPermalink
`(1) NO USE OF COMPETITIVE BIDDING- In entering into conservation security contracts with producers under this subchapter, the Secretary shall not use competitive bidding or any similar procedure.CommentsClose CommentsPermalink
`(2) CONTINUOUS ENROLLMENT FOR TIER III CONTRACTS- The Secretary shall enroll lands that meet Tier III enrollment criteria on a continuous basis.CommentsClose CommentsPermalink
`(3) PERIODIC ENROLLMENT OPPORTUNITIES FOR TIER I AND II CONTRACTS- The Secretary shall ensure that producers whose land meets the eligibility criteria for enrollment under a Tier I or Tier II conservation security contract have the opportunity to enroll the land in the conservation security program once every three years.'.CommentsClose CommentsPermalink
(h) Technical Assistance- Subsection (f) of section 1238C of such Act (
`(g) Technical Assistance-CommentsClose CommentsPermalink
`(1) PROVISION OF TECHNICAL ASSISTANCE- For each of fiscal years 2003 through 2013, the Secretary shall provide appropriate technical assistance to producers for the development and implementation of conservation security contracts.CommentsClose CommentsPermalink
`(2) LIMITATION- The amount expended to provide technical assistance with respect to a conservation security contract over the life of the contract may not exceed 15 percent of the total amount expended over the life of the contract.'.CommentsClose CommentsPermalink
SEC. 104. REAUTHORIZATION OF AND INCREASED ENROLLMENT AUTHORITY FOR GRASSLAND RESERVE PROGRAM.
(a) Extension and Funding- Section 1241(a) of the Food Security Act of 1985 (
`(5) For each of fiscal years 2002 through 2013, the grassland reserve program under subchapter C of chapter 2.'.CommentsClose CommentsPermalink
(b) Enrollment Goals and Limitation on Use of Rental Agreements- Section 1238N(b) of such Act (
(1) in paragraph (1), by striking `2,000,000 acres' and inserting `10,000,000 acres'; andCommentsClose CommentsPermalink
(2) by striking paragraph (3) and inserting the following new paragraphs:CommentsClose CommentsPermalink
`(3) LIMITATION ON USE OF RENTAL AGREEMENTS- Of the total number of acres enrolled in the program at any one time through the methods described in paragraph (2)(A), not more than 30 percent of the acres shall be enrolled through the use of rental agreements described in clause (i) of such paragraph.CommentsClose CommentsPermalink
`(4) ENROLLMENT GOAL- For the period beginning on the date of the enactment of this paragraph and ending on December 31, 2013, the Secretary shall establish a goal to enroll not less than 2,000,000 acres of native grasslands in the program.'.CommentsClose CommentsPermalink
(c) Enrollment of Conservation Reserve Program Land- Section 1238N of such Act (
`(d) Enrollment of Conservation Reserve Program Land-CommentsClose CommentsPermalink
`(1) ENROLLMENT AUTHORIZED- Subject to the eligibility requirements of subsection (c) and all other requirements of this subchapter, land enrolled in the conservation reserve program may be enrolled in the grassland reserve program if the Secretary determines that the land is of high ecological value and under significant threat of conversion to other uses.CommentsClose CommentsPermalink
`(2) MAXIMUM ENROLLMENT- The enrollment of conservation reserve program land under this subsection shall not exceed 50 percent of the total number of acres enrolled in the grassland reserve program in a given fiscal year.CommentsClose CommentsPermalink
`(3) PROHIBITION ON DUPLICATION OF PAYMENTS- Land enrolled in the grassland reserve program under this subsection shall no longer be eligible for payments under the conservation reserve program.'.CommentsClose CommentsPermalink
(d) Equity for Pasture-Based Operations- Section 1238N of such Act (
`(e) Equity for Pasture-Based Operations- Consistent with the other requirements of the program, the Secretary shall implement the program in a manner that ensures that, to the greatest extent practicable, landowners operating pasture-based systems have an equal opportunity to enroll in the program.'.CommentsClose CommentsPermalink
(e) Biodiversity- Section 1238O of such Act (
(1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; andCommentsClose CommentsPermalink
(2) by adding at the end the following new subsection:CommentsClose CommentsPermalink
`(f) Biodiversity- In emphasizing support for biodiversity consistent with the requirements of subsection (c), the Secretary shall give priority to agreements and easements that protect and restore habitat for rare, threatened, endangered, and candidate species or further the goals and objectives of the State's comprehensive wildlife conservation strategy.'.CommentsClose CommentsPermalink
(f) Special Grasslands Reserve Enhancement Program- Section 1238P of such Act (
`(e) Special Grasslands Reserve Enhancement Agreements-CommentsClose CommentsPermalink
`(1) AGREEMENTS- The Secretary may enter into a special grasslands reserve enhancement agreement with a State under which the Secretary will make payments to the State or political subdivisions or agencies of the State to advance the purposes of the grassland reserve program in the State.CommentsClose CommentsPermalink
`(2) PAYMENT LIMITATIONS- Section 1305(d) of the Omnibus Budget Reconciliation Act of 1987 (
SEC. 105. ENVIRONMENTAL QUALITY INCENTIVES PROGRAM.
(a) Extension-CommentsClose CommentsPermalink
(1) FUNDING EXTENSION AND INCREASE- Section 1241(a) of the Food Security Act of 1985 (
`(6) The environmental quality incentives program under chapter 4, using, to the maximum extent practicable, $2,000,000,000 in each of fiscal years 2008 through 2013.'.CommentsClose CommentsPermalink
(2) CONFORMING AMENDMENTS- Section 1240B of such Act is amended (
(A) in subsection (a)(1), by striking `2010' and inserting `2013'; andCommentsClose CommentsPermalink
(B) in subsection (g), by striking `2007' and inserting `2013'.CommentsClose CommentsPermalink
(b) Purposes- Section 1240 of such Act (
(1) in paragraph (2), by inserting `, conserving energy,' after `resources'; andCommentsClose CommentsPermalink
(2) in paragraph (3), by inserting `and conserve energy,' after `wildlife'.CommentsClose CommentsPermalink
(c) Predator Deterrence- Section 1240B(a) of such Act (
`(3) PREDATOR DETERRENCE- A producer that implements practices or other measures as part of a system of proactive predator deterrence for large carnivores, including the use of range riders, removal of carcasses, and installation of electric fencing around calving areas, shall be eligible to receive cost-share or incentive payments under this chapter.'.CommentsClose CommentsPermalink
(d) Bidding Down- Subsection (c) of section 1240B of such Act (
`(c) Bidding Down- The Secretary shall not assign a higher priority to any application because the applicant is willing to accept a lower cost-share or incentive payment than the applicant would otherwise be entitled to receive. Nothing in this subsection shall be construed to relieve the Secretary of the obligation, when evaluating applications for cost-share payments and incentive payments, to evaluate the cost-effectiveness of the proposed conservation practices, systems, and approaches described in the applications and to prioritize the most cost-effective applications, as required by section 1240C(1).'.CommentsClose CommentsPermalink
(e) Evaluation of Applications for Cost-Share Payments and Incentive Payments- Section 1240C of such Act (
`SEC. 1240C. EVALUATION OF APPLICATIONS FOR COST-SHARE PAYMENTS AND INCENTIVE PAYMENTS.
`(a) Evaluation Priorities and Criteria- In evaluating applications for cost-share payments and incentive payments, the Secretary shall--CommentsClose CommentsPermalink
`(1) prioritize applications based on their overall level of cost-effectiveness to ensure that the conservation practices, systems, and approaches proposed are the most efficient means of achieving the anticipated environmental benefits of the project;CommentsClose CommentsPermalink
`(2) prioritize applications based on how effectively and comprehensively the project addresses the designated resource concern or resource concerns;CommentsClose CommentsPermalink
`(3) reward higher levels of environmental performance, such as advanced levels of management within land management practices;CommentsClose CommentsPermalink
`(4) develop criteria for evaluating applications that will ensure that national, State, and local conservation priorities are effectively addressed; andCommentsClose CommentsPermalink
`(5) prioritize applications that will improve environmental performance on existing operations.CommentsClose CommentsPermalink
`(b) Special Rule for Projects To Improve Wildlife Habitat- In evaluating applications for cost-share payments and incentive payments primarily to improve wildlife habitat, in addition to meeting the requirements of subsection (a), the Secretary shall give priority to applications that--CommentsClose CommentsPermalink
`(1) protect and restore habitat for rare, threatened, endangered, and candidate species; orCommentsClose CommentsPermalink
`(2) further the goals and objectives of the State's comprehensive wildlife conservation strategy.'.CommentsClose CommentsPermalink
(f) Conservation Innovation Grants- Section 1240H of such Act (
(1) in subsection (a), by striking `may' and inserting `shall';CommentsClose CommentsPermalink
(2) in subsection (b)--CommentsClose CommentsPermalink
(A) by striking `may' and inserting `shall';CommentsClose CommentsPermalink
(B) by striking `and' at the end of paragraph (2);CommentsClose CommentsPermalink
(C) by striking the period at the end of paragraph (3) and inserting `; and'; andCommentsClose CommentsPermalink
(D) by adding at the end the following new paragraph:CommentsClose CommentsPermalink
`(4) include a plan for technology transfer.'; andCommentsClose CommentsPermalink
(3) by adding at the end the following new subsections:CommentsClose CommentsPermalink
`(d) Technology Transfer- To the maximum extent practicable, the Secretary shall ensure efficient, effective transfer of innovative technologies and approaches demonstrated through projects that receive funding under this section.CommentsClose CommentsPermalink
`(e) Funding- In addition to amounts made available under section 1241(a)(6) to carry out this chapter, the Secretary shall use funds of the Commodity Credit Corporation to carry out this section in the following amounts:CommentsClose CommentsPermalink
`(1) 40,000,000 for fiscal year 2008.CommentsClose CommentsPermalink
`(2) 50,000,000 for fiscal year 2009.CommentsClose CommentsPermalink
`(3) 60,000,000 for fiscal year 2010.CommentsClose CommentsPermalink
`(4) 75,000,000 for each of fiscal years 2011 through 2013.'.CommentsClose CommentsPermalink
(g) Funding Under Ground and Surface Water Conservation Program- Subsection (c) section 1240I of such Act (
`(c) Funding- The Secretary shall use $100,000,000 of the funds of the Commodity Credit Corporation to carry out this section for each of fiscal years 2008 through 2013. These funds are in addition to amounts made available under section 1241(a)(6) to carry out this chapter.'.CommentsClose CommentsPermalink
(h) Additional Provisions- Chapter 4 of subtitle D of title XII of such Act is amended by adding at the end the following new sections:CommentsClose CommentsPermalink
`SEC. 1240J. PROMOTION OF FOREST STEWARDSHIP PRACTICES.
`(a) Cost-Share Payments and Incentive Payments- In carrying out the program under this chapter, the Secretary shall promote forest stewardship by providing cost-share payments and incentive payments to non-industrial private forest owners to carry out eligible conservation activities, to--CommentsClose CommentsPermalink
`(1) improve water quality;CommentsClose CommentsPermalink
`(2) improve habitat for at-risk species;CommentsClose CommentsPermalink
`(3) restore ecologically important forest types; orCommentsClose CommentsPermalink
`(4) control invasive species.CommentsClose CommentsPermalink
`(b) Priority- The Secretary shall give priority to projects that involve multiple landowners implementing eligible conservation activities in a coordinated way to address the purposes described in subsection (a).CommentsClose CommentsPermalink
`(c) Funding-CommentsClose CommentsPermalink
`(1) AMOUNTS- The Secretary shall use funds of the Commodity Credit Corporation to carry out this section in the following amounts:CommentsClose CommentsPermalink
`(A) $25,000,000 for fiscal year 2008;CommentsClose CommentsPermalink
`(B) $45,000,000 for fiscal year 2009;CommentsClose CommentsPermalink
`(C) $60,000,000 for fiscal year 2010;CommentsClose CommentsPermalink
`(D) $75,000,000 million for each of fiscal years 2011 and 2012; andCommentsClose CommentsPermalink
`(E) $100 million for fiscal year 2013.CommentsClose CommentsPermalink
`(2) RELATION TO OTHER FUNDS- The funds made available under paragraph (1) are in addition to amounts made available under section 1241(a)(6) to carry out this chapter.CommentsClose CommentsPermalink
`SEC. 1240K. ENHANCED NUTRIENT AND MANURE MANAGEMENT.
`(a) Demonstration and Implementation of Nutrient and Manure Management Conservation Practices- In carrying out the program under this chapter, the Secretary shall provide cost-share, incentive payments, and technical assistance to agricultural producers to demonstrate and implement innovative and advanced conservation measures that hold substantial promise for producing cost-effective improvements to air and water quality by reducing the loss of nutrients to the environment. Such conservation measures may include:CommentsClose CommentsPermalink
`(1) Manure processing and treatment technologies to permit more effective use and transport of manure nutrients, including energy production.CommentsClose CommentsPermalink
`(2) Innovative land management practices for nutrient loss reduction, such as soil amendments, innovative cropping or grazing systems, precision nutrient application, on-farm analysis of nutrient needs, and performance-based incentive systems.CommentsClose CommentsPermalink
`(3) Feed management.CommentsClose CommentsPermalink
`(4) Other projects that demonstrate and transfer the most cost-effective measures and technologies to reduce nitrogen and phosphorus losses.CommentsClose CommentsPermalink
`(b) Priorities- The Secretary shall give priority to projects that--CommentsClose CommentsPermalink
`(1) involve multiple landowners implementing conservation measures described in subsection (a) in a coordinated way to address the purposes of this section;CommentsClose CommentsPermalink
`(2) have a high likelihood of advancing or demonstrating advanced manure or nutrient management measures; andCommentsClose CommentsPermalink
`(3) are anticipated to produce significant benefits to air and water quality.CommentsClose CommentsPermalink
`(c) Locations of Projects- To be eligible to receive assistance under this section, a project must be located in a watershed or subwatershed of a body of water impaired by nutrients in which either--CommentsClose CommentsPermalink
`(1) the amount of nutrients contained in manure produced in the watershed or subwatershed exceeds the amount that can be applied to cropland at agronomic rates; orCommentsClose CommentsPermalink
`(2) conventional nutrient management techniques are inadequate to meet water quality standards.CommentsClose CommentsPermalink
`(d) Regional Technical Advisory Committees-CommentsClose CommentsPermalink
`(1) ESTABLISHMENT- The Secretary shall establish regional technical advisory committees to assist the Secretary in selecting projects for funding under this section.CommentsClose CommentsPermalink
`(2) PARTICIPATION- A regional technical advisory committee shall include scientists and other persons with expertise related to innovative and advanced nutrient management, to be appointed from agencies within the Department of Agriculture, other Federal and State agencies, producer associations, environmental organizations, and other interested groups.CommentsClose CommentsPermalink
`(3) RELATIONSHIP TO STATE TECHNICAL COMMITTEES- Subtitle G, relating to State technical committees shall apply to a regional technical advisory committee, except that members of the committee shall be appointed on a regional basis consistent with paragraph (2).CommentsClose CommentsPermalink
`(e) Equal Treatment- In implementing this section, the Secretary shall ensure that farms of all sizes are treated equitably.CommentsClose CommentsPermalink
`(f) Funding- In addition to amounts made available under section 1241(a)(6) to carry out this chapter, the Secretary shall use funds of the Commodity Credit Corporation to carry out this section in the following amounts:CommentsClose CommentsPermalink
`(1) $160,000,000 for fiscal year 2008.CommentsClose CommentsPermalink
`(2) $175,000,000 for fiscal year 2009.CommentsClose CommentsPermalink
`(3) $200,000,000 for each of fiscal years 2010, 2011, 2012, and 2013.CommentsClose CommentsPermalink
`SEC. 1240L. PERFORMANCE INCENTIVES FOR STATES.
`(a) High Level of Performance Bonus- For each of fiscal years 2008 through 2013, 10 percent of the funds made available under this chapter shall be reserved by the Secretary for bonus allocations to States that demonstrate a high level of performance in implementing the environmental quality incentives program.CommentsClose CommentsPermalink
`(b) Special Considerations- In evaluating State performance under subsection (a), the Secretary shall reward States that--CommentsClose CommentsPermalink
`(1) consistently meet the requirements of section 1240C in evaluating offers and payments;CommentsClose CommentsPermalink
`(2) dedicate a portion of their annual environmental quality incentives program allocation to multi-producer cooperative efforts to address specific resource concerns;CommentsClose CommentsPermalink
`(3) collaborate with other Federal and State agencies, local governments, educational institutions, and for-profit and nonprofit organizations to monitor and evaluate the environmental outcomes associated with implementation of the environmental quality incentives program;CommentsClose CommentsPermalink
`(4) demonstrate effective and efficient program delivery, including the provision of adequate technical assistance to all program participants through appropriate staffing and through cooperation with other Federal, State, Tribal, and local agencies, for-profit and nonprofit organizations, and individuals with demonstrated expertise in the planning and implementation of conservation practices, systems, and approaches;CommentsClose CommentsPermalink
`(5) support and encourage innovative approaches to addressing resource concerns; andCommentsClose CommentsPermalink
`(6) demonstrate effective outreach and innovative approaches to reaching and serving beginning farmers and ranchers, limited-resource producers, and operators with lower rates of historical participation in Federal farm and conservation programs.'.CommentsClose CommentsPermalink
SEC. 106. REAUTHORIZATION OF AND INCREASED FUNDING FOR WILDLIFE HABITAT INCENTIVE PROGRAM.
(a) Extension and Funding- Section 1241(a)(7) of the Food Security Act of 1985 (
`(A) $85,000,000 in fiscal year 2007;CommentsClose CommentsPermalink
`(B) $100,000,000 in fiscal year 2008;CommentsClose CommentsPermalink
`(C) $140,000,000 in fiscal year 2009;CommentsClose CommentsPermalink
`(D) $200,000,000 in each of fiscal years 2010 and 2011; andCommentsClose CommentsPermalink
`(E) $300,000,000 in each of fiscal years 2012 and 2013.'.CommentsClose CommentsPermalink
(b) Funding Set-Aside for Long-Term Agreements- Section 1240N(b)(2) of such Act (
`(B) FUNDS FOR LONG-TERM AGREEMENTS- To the maximum extent practicable, the Secretary shall use 25 percent of the funds made available under section 1241(a)(7) for a fiscal year to carry out during that fiscal year contracts and agreements described in subparagraph (A).'.CommentsClose CommentsPermalink
(c) Incentive Payments and Program Priorities- Section 1240N of such Act (
`(d) Incentive Payments and Program Priorities-CommentsClose CommentsPermalink
`(1) PRIORITIES- In carrying out this section, the Secretary shall give priority to agreements and contracts that will--CommentsClose CommentsPermalink
`(A) protect or restore habitat for a federally or State-listed rare, threatened, endangered, and candidate species; orCommentsClose CommentsPermalink
`(B) further the goals and objectives of a State's comprehensive wildlife conservation strategy.CommentsClose CommentsPermalink
`(2) INCENTIVE PAYMENTS FOR CERTAIN AGREEMENTS AND APPLICATIONS- In a case in which the Secretary enters into an agreement or contract described in paragraph (1), the Secretary may provide incentive payments to landowners under the agreement or contract, including the cost of management activities needed during the term of the agreement or contract.'.CommentsClose CommentsPermalink
(d) Fish Habitat- Section 1240N of such Act (
`(e) Development of Fish Habitat-CommentsClose CommentsPermalink
`(1) PURPOSES OF COST-SHARE PAYMENTS- Subsection (b)(1)(D) authorizes the Secretary to make cost-share payments to landowners to develop fish habitat. The development of fish habitat using such cost-share payments may include activities--CommentsClose CommentsPermalink
`(A) to protect streamside areas, including through the installation of riparian fencing and improved stream crossings;CommentsClose CommentsPermalink
`(B) to repair in-stream habitat;CommentsClose CommentsPermalink
`(C) to improve water flows and water quality, including through channel restoration;CommentsClose CommentsPermalink
`(D) to initiate watershed management and planning in areas in which streams are in a degraded condition due to past agricultural or forestry practices; andCommentsClose CommentsPermalink
`(E) to undertake other types of stream habitat improvement approved by the Secretary.CommentsClose CommentsPermalink
`(2) PRIORITY PROJECTS- When considering applications describing projects to protect or restore fish habitat, the Secretary shall give priority to applicants who will use the cost-share payments to carry out a project--CommentsClose CommentsPermalink
`(A) to remove a small dam or in-stream structure;CommentsClose CommentsPermalink
`(B) to improve fish passage, including through culvert repair and maintenance;CommentsClose CommentsPermalink
`(C) to protect streamside areas;CommentsClose CommentsPermalink
`(D) to improve water flows, including through irrigation efficiency improvements; orCommentsClose CommentsPermalink
`(E) to improve in-stream flow quality or timing or temperature regimes.CommentsClose CommentsPermalink
`(3) PRIORITY FOR PROJECTS INCLUDING UPLAND IMPROVEMENTS- In addition to the priority projects described in paragraph (2), to ensure that projects intended to protect or restore fish habitat also address the causes of stream habitat degradation, the Secretary shall give priority among applications describing such projects to applicants who demonstrate that upland improvements associated with the stream habitat improvement, including erosion and nutrient management have been, or will be, carried out.'.CommentsClose CommentsPermalink
SEC. 107. COOPERATIVE CONSERVATION PARTNERSHIP INITIATIVE.
(a) Establishment of Grant Program- Subtitle D of title XII of the Food Security Act of 1985 is amended by adding at the end the following new chapter:CommentsClose CommentsPermalink
`CHAPTER 6--COOPERATIVE CONSERVATION PARTNERSHIP INITIATIVE
`SEC. 1240W. COOPERATIVE CONSERVATION PARTNERSHIP INITIATIVE.
`(a) Grants and Agreements- The Secretary shall make grants and enter into agreements for not shorter than two-year or longer than five-year terms with eligible entities specified in subsection (c) to preferentially enroll producers in one or more of the programs specified in subsection (b) to carry out special projects and initiatives through which multiple producers and other interested persons cooperate to improve water quality or address other specific resources of concern related to agricultural production on a local, State, or regional scale.CommentsClose CommentsPermalink
`(b) Covered Programs- The conservation programs referred to in subsection (a) are the following:CommentsClose CommentsPermalink
`(1) Conservation reserve program, but only the continuous signup portion of the program.CommentsClose CommentsPermalink
`(2) Conservation reserve enhancement program.CommentsClose CommentsPermalink
`(3) Environmental quality incentives program.CommentsClose CommentsPermalink
`(4) Farmland protection program.CommentsClose CommentsPermalink
`(5) Grassland reserve program.CommentsClose CommentsPermalink
`(6) Ground and surface water conservation program.CommentsClose CommentsPermalink
`(7) Wetland reserve program.CommentsClose CommentsPermalink
`(8) Wildlife habitat incentive program.CommentsClose CommentsPermalink
`(c) Eligible Partners- Agreements may be entered into under this section with any of the following (or a combination thereof):CommentsClose CommentsPermalink
`(1) States and agencies of States.CommentsClose CommentsPermalink
`(2) Political subdivisions of States, including State-sponsored conservation districts.CommentsClose CommentsPermalink
`(3) Indian tribes.CommentsClose CommentsPermalink
`(4) Nongovernmental organizations and associations, including conservation organizations and producer associations and cooperatives.CommentsClose CommentsPermalink
`(d) Applications-CommentsClose CommentsPermalink
`(1) COMPETITIVE PROCESS- The Secretary shall establish a competitive process for considering applications for agreements under this section consistent with the evaluation criteria listed in subsection (e).CommentsClose CommentsPermalink
`(2) PROGRAM ALLOCATION- Applications shall include--CommentsClose CommentsPermalink
`(A) specification of the amount of funding or acres of one or more covered programs specified in subsection (b) proposed to be allocated to carry out the special project or initiative; andCommentsClose CommentsPermalink
`(B) a schedule for utilization of funding or acres over the life of the proposed project or initiative.CommentsClose CommentsPermalink
`(e) Evaluation Criteria- In evaluating applications for agreements under this section the Secretary shall consider the extent to which--CommentsClose CommentsPermalink
`(1) preferential enrollment in the covered programs specified in the application will effectively address the environmental objectives established for the special project or initiative; andCommentsClose CommentsPermalink
`(2) the special project or initiative covered by the application--CommentsClose CommentsPermalink
`(A) enjoys broad local and regional support from producers and other interested persons, including governmental and nongovernmental organizations with appropriate expertise on the issues the project or initiative seeks to address;CommentsClose CommentsPermalink
`(B) includes clear environmental objectives and a high likelihood of success;CommentsClose CommentsPermalink
`(C) includes a well defined project or initiative plan that identifies sensitive areas requiring treatment and prioritizes conservation systems, practices, and activities needed to achieve environmental objectives;CommentsClose CommentsPermalink
`(D) promises adequate and coordinated participation to achieve the objectives of the project or initiative;CommentsClose CommentsPermalink
`(E) coordinates integration of local, State, and Federal efforts to make the best use of available resources and maximize cost-effective investments;CommentsClose CommentsPermalink
`(F) leverages financial and technical resources from sources other than the programs authorized by this subtitle, including financial and technical resources provided by Federal and State agencies, local governments, nongovernmental organizations and associations, and other private sector entities;CommentsClose CommentsPermalink
`(G) describes how all necessary technical assistance will be provided to each producer participating in the project or initiative, including cost estimates for technical assistance and whether such assistance will be provided by technical service providers;CommentsClose CommentsPermalink
`(H) addresses a local, State, regional, or national environmental priority or priorities, with particular emphasis on any priority for which there is an existing State or federally approved plan in place for addressing that priority;CommentsClose CommentsPermalink
`(I) links environmental and conservation objectives with other objectives, such as spurring rural economic development through increased opportunities in the project area for recreation, value-added enterprises, or direct marketing of agricultural products, and assisting beginning, limited resource, tribal, and other producers maintain the viability of their operations;CommentsClose CommentsPermalink
`(J) includes a plan to evaluate progress and measure results; andCommentsClose CommentsPermalink
`(K) clearly demonstrates that enrollment of producers in covered programs will be consistent with the purposes and policies of each individual program, as established in statute, rules and regulations, and program guidance promulgated by implementing agencies.CommentsClose CommentsPermalink
`(f) Priorities- To the maximum extent practicable, consistent with the requirements of subsection (d), the Secretary shall ensure that, each fiscal year, grants are awarded and agreements are entered into under this section to support projects and initiatives that collectively address the full range of resource concerns facing producers, ranchers, and small private forest landowners, including specifically projects and initiatives that are designed--CommentsClose CommentsPermalink
`(1) to achieve improvements in water quality in watersheds impacted by agriculture, particularly by increasing the participation of producers in implementing best management practices in a watershed or developing environmentally and economically viable alternative uses for manure and litter;CommentsClose CommentsPermalink
`(2) to achieve improvements in air quality in a geographical area where agricultural operations impact air quality, especially an area that, as determined by the Administrator of the Environmental Protection Agency, is a nonattainment area with respect to any of the national ambient air quality standards promulgated by the Administrator under section 109 of the Clean Air Act (
`(3) to conserve water for environmental purposes such as enhanced in stream flows or aquifer recharge in regions, States, or local areas where water quantity is a concern;CommentsClose CommentsPermalink
`(4) to assist in the recovery of Federal or State-listed endangered species or species of special concern or to further the goals and objectives of a State's comprehensive wildlife conservation plan through the cooperative efforts of multiple producers;CommentsClose CommentsPermalink
`(5) to control invasive species on rangeland or other agricultural land through the cooperative efforts of multiple producers in a geographical area;CommentsClose CommentsPermalink
`(6) to address a specific resource of concern or set of concerns on private, non-industrial forest land;CommentsClose CommentsPermalink
`(7) to reduce losses of pesticides to the environment by engaging multiple producers in a geographic area in adoption of integrated pest management practices and approaches; andCommentsClose CommentsPermalink
`(8) to keep working farms and ranches facing development pressures in agricultural use.CommentsClose CommentsPermalink
`(g) Cost Share-CommentsClose CommentsPermalink
`(1) MAXIMUM; EXCEPTIONS- The Secretary shall not require more than 25 percent of the cost of a project or initiative supported under an agreement entered into under this section to come from non-Federal sources. However, the Secretary may award more points to projects or initiatives offering to cover a higher percentage of the cost of the project or initiative from non-Federal sources.CommentsClose CommentsPermalink
`(2) IN-KIND CONTRIBUTIONS- If the Secretary establishes a cost-share requirement for a project or initiative, the Secretary shall allow the use of in-kind contributions to meet that requirement.CommentsClose CommentsPermalink
`(h) Funding-CommentsClose CommentsPermalink
`(1) SET-ASIDE- Of the funds provided each fiscal year to implement the programs specified in subsection (b), the Secretary shall use 20 percent to provide funds under agreements entered into under this section.CommentsClose CommentsPermalink
`(2) ALLOCATION TO STATES- The Secretary shall allocate to States 60 percent of the funds reserved under paragraph (1) to allow State Conservationists, with the advice of State technical committees, to select projects and initiatives for funding under this section at the State level.CommentsClose CommentsPermalink
`(3) WATER QUALITY- To the maximum extent practicable and consistent with the other requirements of this section, the Secretary shall ensure that 50 percent of the funds awarded each year under this section are awarded to projects and initiatives that will improve water quality.'.CommentsClose CommentsPermalink
(b) Conforming Repeal- Section 1243 of the Food Security Act of 1985 (
SEC. 108. REGIONAL EQUITY IN FUNDING OF CERTAIN DEPARTMENT OF AGRICULTURE CONSERVATION PROGRAMS.
Subsection (d) of section 1241 of the Food Security Act of 1985 (
`(d) Minimum Base Allocation to States for Certain Conservation Programs-CommentsClose CommentsPermalink
`(1) MINIMUM ALLOCATION- In allocating funds to States to implement the conservation programs under this subtitle D, other than the programs excluded by paragraph (2), the Secretary shall ensure that each State receives, at a minimum, $15,000,000 for each of the fiscal years 2007 through 2013. Funds provided as part of a cooperative conservation partnership initiative under chapter 6 to a project in a State or in a State adjacent to that State shall not be counted as part of the minimum base allocation to that State under this subsection.CommentsClose CommentsPermalink
`(2) CERTAIN PROGRAMS EXCLUDED- Paragraph (1) does not apply to the following programs:CommentsClose CommentsPermalink
`(A) The conservation reserve program under subchapter B of chapter 1.CommentsClose CommentsPermalink
`(B) The wetlands reserve program under subchapter C of chapter 1.CommentsClose CommentsPermalink
`(C) The conservation security program under subchapter A of chapter 2.CommentsClose CommentsPermalink
`(D) The grassland reserve program under subchapter C of chapter 2.'.CommentsClose CommentsPermalink
SEC. 109. EXCLUSION OF PAYMENTS UNDER DEPARTMENT OF AGRICULTURE CONSERVATION PROGRAMS FROM ADJUSTED GROSS INCOME LIMITATION.
(a) Exclusion- Subsection (b)(2) of section 1001D of the Food Security Act of 1985 (
(b) Duration of Adjusted Gross Income Limitation- Such section is further amended by striking subsection (e).CommentsClose CommentsPermalink
SEC. 110. REAUTHORIZATION OF AND ADDITIONAL FUNDING FOR AGRICULTURAL MANAGEMENT ASSISTANCE PROGRAM.
(a) Reauthorization- Subsection (b)(4)(B) of section 524 of the Federal Crop Insurance Act (
(1) in clause (ii), by striking `fiscal years 2003 through 2007' and inserting `fiscal years 2008 through 2013'; andCommentsClose CommentsPermalink
(2) in clause (iii), by striking `fiscal years 2004 through 2007' and inserting `fiscal years 2008 through 2013'.CommentsClose CommentsPermalink
(b) Funding Levels- Such subsection is further amended--CommentsClose CommentsPermalink
(1) in clause (ii), by striking `$20,000,000' and inserting `$40,000,000'; andCommentsClose CommentsPermalink
(2) in clause (iii)--CommentsClose CommentsPermalink
(A) in subclause (I), by striking `$14,000,000' and inserting `$28,000,000';CommentsClose CommentsPermalink
(B) in subclause (II), by striking `$1,000,000' and inserting `$2,000,000'; andCommentsClose CommentsPermalink
(C) in subclause (III), by striking `$5,000,000' and inserting `$10,000,000'.CommentsClose CommentsPermalink
SEC. 111. COMMUNITY FORESTS AND OPEN SPACE CONSERVATION PROGRAM.
(a) Findings- Congress makes the following findings:CommentsClose CommentsPermalink
(1) The United States Forest Service projects that 44 million acres of privately owned forested land will be developed in the United States by 2030, including many of the most important remaining forested parcels within and adjacent to communities.CommentsClose CommentsPermalink
(2) There is an urgent need to assist local governments in raising the funds necessary to purchase the most important of these parcels of privately owned forested land as they come up for sale.CommentsClose CommentsPermalink
(3) The breakup of forested land into smaller parcels has resulted in an increasing number of owners of privately owned forested land, but many of these owners have little or no experience in forest stewardship.CommentsClose CommentsPermalink
(4) In fast growing communities of all sizes across the United States, the remaining parcels of privately owned forested land play an essential role in protecting public water supplies, which has led many local governments to purchase these lands for municipal or county ownership.CommentsClose CommentsPermalink
(5) Rising rates of obesity and other public health problems related to inactivity have been shown to be ameliorated by improving public access to safe and pleasing areas for outdoor recreation, which has led many local governments to purchase lands for recreational purposes under municipal or county ownership.CommentsClose CommentsPermalink
(6) Across the United States, many communities of diverse types and sizes are deriving significant financial benefit from owning and managing municipal or county forestlands as a source of local revenue that also contributes significantly to the health of the forest products economy at the local and national levels.CommentsClose CommentsPermalink
(7) The access to privately owned forested land for hunting, fishing, and trapping has declined, and the number of persons participating in these activities has likewise declined, as these lands are divided into smaller parcels and more owners of privately owned forested land post their land against public use, which has led many local governments to purchase forestlands to guarantee access for hunting, fishing, and trapping.CommentsClose CommentsPermalink
(8) There is a national interest and an urgent need to assist local governments in raising the funds necessary to purchase important privately owned forested land that will maintain the diverse public benefits of forestlands close to or within all manner of communities nationwide, from close-knit rural communities to fast growing suburban and exurban areas.CommentsClose CommentsPermalink
(b) Establishment of Program- The Cooperative Forestry Assistance Act of 1978 (
`SEC. 21. COMMUNITY FORESTS AND OPEN SPACE CONSERVATION PROGRAM.
`(a) Establishment and Purpose- The Secretary of Agriculture shall establish within the Forest Service a program to be known as the `Community Forests and Open Space Conservation Program' (in this section referred to as the `Program') for the purpose of assisting local governments in a State selected to participate in the Program to acquire forested land that--CommentsClose CommentsPermalink
`(1) is economically, culturally, and environmentally important to the locality in which the land is located;CommentsClose CommentsPermalink
`(2) is threatened by conversion to non-forest uses; andCommentsClose CommentsPermalink
`(3) will conserve public access to and benefit from the land for a wide variety of public purposes, including model forest stewardship, sustainable timber production, forest-based educational and cultural activities, wildlife habitat protection, watershed protection, or outdoor recreation, including hunting and fishing.CommentsClose CommentsPermalink
`(b) Selection of Participating States-CommentsClose CommentsPermalink
`(1) SELECTION- Not later than one year after the date of the enactment of this section, the Secretary shall select at least one State in each of the New England, Mid-Atlantic, Midwest, South, West, and Pacific Northwest regions of the United States to participate in the Program. The Secretary shall make the selections from among applications submitted by willing States. No State shall be compelled to participate in the Program.CommentsClose CommentsPermalink
`(2) IMPLEMENTATION- Authority for implementation of the Program in a participating State shall lie with the State forester, equivalent State official, or other appropriate State natural resource management agency designated by the Governor of the State.CommentsClose CommentsPermalink
`(c) Eligibility and Ranking Criteria-CommentsClose CommentsPermalink
`(1) STATE ASSESSMENT OF NEED- Each participating State shall prepare an assessment of need that identifies the geographic areas within the State that will be the focus of land acquisition activities under the Program and priority objectives for conservation, based on conditions and public needs in the State. This requirement may be satisfied by inclusion of the assessment as part of an integrated State-wide forest planning process for application of Federal programs in the State.CommentsClose CommentsPermalink
`(2) ESTABLISHMENT OF CRITERIA- Not later than one year after the date of the enactment of this section, the Secretary shall establish eligibility and ranking criteria for the selection of land acquisition proposals to receive funding under the Program. The Secretary shall establish the criteria in consultation with State Forest Stewardship Advisory Committees, State Urban and Community Forestry Advisory Committees, and similar organizations.CommentsClose CommentsPermalink
`(3) PRIORITIES- In establishing the eligibility and ranking criteria under paragraph (2), the Secretary shall give priority to the acquisition of lands that--CommentsClose CommentsPermalink
`(A) meet identified local open space and natural resource needs, as expressed in town plans, regional plans, or other relevant local planning documents;CommentsClose CommentsPermalink
`(B) can be effectively managed to model good forest stewardship for private landowners and support forest-based educational programs, including vocational education in forestry;CommentsClose CommentsPermalink
`(C) provide significant protection of public water supplies or other waterways;CommentsClose CommentsPermalink
`(D) can offer long-term economic benefit to communities through forestry;CommentsClose CommentsPermalink
`(E) contain important wildlife habitat;CommentsClose CommentsPermalink
`(F) provide convenient public access for outdoor recreation, including hunting and fishing; andCommentsClose CommentsPermalink
`(G) are most threatened with conversion to non-forest uses.CommentsClose CommentsPermalink
`(d) Application and Ranking of Proposals-CommentsClose CommentsPermalink
`(1) PREPARATION AND CONTENTS- A local government in a participating State may prepare an application for assistance under the Program in the acquisition of forested land within the geographic program focus area in the State identified under subsection (c)(1). The application shall include certification by the appropriate unit or units of local government that the proposed land acquisition is consistent with any comprehensive plans for development adopted by the unit of local government and include such other information as the Secretary may prescribe.CommentsClose CommentsPermalink
`(2) SUBMISSION- Participating States shall rank all applications according to priority and submit the applications to the Secretary at such times and in such form as the Secretary may prescribe.CommentsClose CommentsPermalink
`(3) NATIONAL LIST- The Secretary shall maintain a national list of all submitted applications, ranked according to the criteria established pursuant to subsection (c).CommentsClose CommentsPermalink
`(e) Ownership of Land-CommentsClose CommentsPermalink
`(1) GOVERNMENT OWNERSHIP- Except as provided in paragraph (2), all land acquired in whole or in part using funds provided under the Program shall be owned in fee simple by a local government, such as a municipality or county.CommentsClose CommentsPermalink
`(2) NONPROFIT ORGANIZATION OWNERSHIP- Upon the request of a participating State, designated nonprofit organizations operating within that State may also own land acquired using funds provided under the Program, subject to the condition that the land is open for public access consistent with the purposes and criteria of the Program.CommentsClose CommentsPermalink
`(3) EFFECT OF VIOLATION- If the owner of land acquired in whole or in part using funds provided under the Program sells the land, the owner shall reimburse the Secretary for the full amount of the funds provided under the Program, plus a penalty equal to 50 percent of the sale price or appraised value of the land at the time of the sale, whichever is greater. The local government or designated nonprofit organization that sold the land shall no longer be eligible for assistance under the Program.CommentsClose CommentsPermalink
`(f) Duties of Owners-CommentsClose CommentsPermalink
`(1) USE AND PROHIBITION ON CONVERSION- The owner of land acquired in whole or in part using funds provided under the Program shall manage the land in a manner that is consistent with the purposes for which the land was purchased under the Program and shall not convert the property to other non-forest uses. Public access for compatible recreational uses, as determined by the owner, shall be required.CommentsClose CommentsPermalink
`(2) MANAGEMENT PLAN- Not later than two years after the closing date on the purchase of land using funds under the Program, the owner of the land shall complete a management plan for the land, which shall be subject to the approval of the responsible State agency. Management plans shall be created through a public process that allows for community participation and input.CommentsClose CommentsPermalink
`(g) Cost Sharing Requirements-CommentsClose CommentsPermalink
`(1) COST SHARING- In accordance with such terms and conditions as the Secretary may prescribe, costs for the acquisition of land under the Program, and other costs associated with the Program, shall be shared among participating entities, including State, county, municipal, and other governmental units, landowners, corporations, or private organizations. Such costs may include costs associated with planning, administration, property acquisition, and property management. The Secretary may authorize in-kind contributions.CommentsClose CommentsPermalink
`(2) FEDERAL COST SHARE- The Federal share of the cost to acquire land under the Program shall not exceed 50 percent of the total cost to acquire the land. Payments under this section shall be made in accordance with Federal appraisal and acquisition standards and procedures.CommentsClose CommentsPermalink
`(3) ADMINISTRATION AND TECHNICAL ASSISTANCE- In order to assist local governments in achieving model stewardship of land acquired under the Program, 10 percent of all funds appropriated for a fiscal year for the Program shall be allocated to the responsible State agencies in participating States to administer the Program and to provide technical assistance to local governments for forest stewardship, including development and implementation of management plans required by subsection (f)(2).CommentsClose CommentsPermalink
`(h) Private Property Protections-CommentsClose CommentsPermalink
`(1) ACCESS- Nothing in this section--CommentsClose CommentsPermalink
`(A) requires a private property owner to permit public access (including Federal, State, or local government access) to private property; orCommentsClose CommentsPermalink
`(B) modifies any provision of Federal, State, or local law with regard to public access to, or use of, private land.CommentsClose CommentsPermalink
`(2) LIABILITY- Nothing in this section creates any liability, or has any effect on liability under any other law, of a private property owner with respect to any persons injured on the private property.CommentsClose CommentsPermalink
`(3) RECOGNITION OF AUTHORITY TO CONTROL LAND USE- Nothing in this section modifies any authority of Federal, State, or local governments to regulate land use.CommentsClose CommentsPermalink
`(4) PARTICIPATION OF PRIVATE PROPERTY OWNERS- Nothing in this section requires a private property owner to participate in the Program.CommentsClose CommentsPermalink
`(i) Authorization of Appropriations- There are authorized to be appropriated to the Secretary to carry out the Program $50,000,000 for each of the fiscal years 2008 through 2013.'.CommentsClose CommentsPermalink
SEC. 112. FARMLAND PROTECTION AND FARM VIABILITY PROGRAMS.
Paragraph (4) of subsection (a) of section 1241 of the Food Security Act of 1985 (
`(4) The farmland protection program under subchapter B of chapter 2, using $300,000,000 in each of fiscal years 2008 through 2012.'.CommentsClose CommentsPermalink
SEC. 113. HEALTHY FORESTS RESERVE PROGRAM.
(a) Methods of Enrollment- Section 502(f)(1)of the Healthy Forests Restoration Act of 2003 (
`(C) a permanent easement.'.CommentsClose CommentsPermalink
(b) Funding- Section 508 of such Act (
`SEC. 508. FUNDING FOR HEALTHY FORESTS RESERVE PROGRAM.
`(a) Funding Source- For each of fiscal years 2008 through 2013, the Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out the healthy forests reserve program, including the provision of technical assistance under the program.CommentsClose CommentsPermalink
`(b) Section 11 Cap- The use of Commodity Credit Corporation funds under subsection (a) to provide technical assistance under the healthy forests reserve program shall not be considered an allotment or fund transfer from the Commodity Credit Corporation for purposes of the limitation on expenditures for technical assistance imposed by section 11 of the Commodity Credit Corporation Charter Act (
SEC. 114. INTEGRATED PEST MANAGEMENT INITIATIVE.
(a) Initiative Required- The Secretary of Agriculture shall implement an integrated pest management initiative in priority areas identified by the Secretary pursuant to subsection (b) for the purpose of assisting agricultural producers operating in a priority area to comply with pest management regulations and alleviate the need for additional regulations regarding pest management activities.CommentsClose CommentsPermalink
(b) Identification of Priority Areas-CommentsClose CommentsPermalink
(1) IDENTIFICATION- The Secretary of Agriculture shall identify priority areas where the adoption by agricultural producers of integrated pest management practices and approaches offers the greatest potential benefit to producers seeking to comply with pest management regulations and alleviate the need for additional regulations regarding pest management activities. At a minimum, priority areas shall include agricultural lands dominated by the production of specialty crops and agricultural lands where agricultural pest management activities are regulated for the purpose of mitigating specific impacts to human health or the environment, such as an area in which pollutants exceed authorized total maximum daily load or an air quality non-attainment area.CommentsClose CommentsPermalink
(2) CONSULTATION- The Secretary shall identify priority areas in consultation with the Environmental Protection Agency, the United States Geological Service, the United States Fish and Wildlife Service, agricultural producers, appropriated State agencies, and other interested persons.CommentsClose CommentsPermalink
(c) Activities in Priority Areas-CommentsClose CommentsPermalink
(1) EXPEDITED APPROVAL OF MANAGEMENT PRACTICES- The Secretary of Agriculture shall develop the best-available integrated pest management practices for the primary agricultural commodities and significant pests in each priority area identified under subsection (b) and expedite approval of these practices for implementation by agricultural producers.CommentsClose CommentsPermalink
(2) IMPROVED EVALUATION OF MANAGEMENT PLANS- The Secretary shall develop and make available criteria to enable staff of the Natural Resources Conservation Service and agricultural producers operating in priority areas identified under subsection (b) to effectively compare pest management plans, considering relative risks and potential benefits to multiple resources of concern, including air, surface water, ground water, bees and other pollinators, wildlife, and worker safety.CommentsClose CommentsPermalink
(3) TECHNICAL ASSISTANCE- The Secretary may enter in cooperative agreements, memorandums of understanding, and contracts for services with technical service providers, other agencies, and non-Federal organizations, as necessary, to assist in providing technical assistance regarding integrated pest management planning and implementation to producers operating in priority areas identified under subsection (b).CommentsClose CommentsPermalink
(4) MARKETING- The Secretary may market the availability of integrated pest management tools and training to agricultural producers in the priority areas identified under subsection (b).CommentsClose CommentsPermalink
(5) PROGRAM INTEGRATION- The Secretary shall set goals for integrating the integrated pest management initiative with the environmental quality incentives program established under chapter 4 of subtitle D of title XII of the Food Security Act of 1985 (
(d) Annual Report- The Secretary of Agriculture shall submit to Congress an annual report on the integrated pest management initiative, including progress in meeting the program integration goals set under subsection (c)(5).CommentsClose CommentsPermalink
(e) Funding- The Secretary of Agriculture may use funds provided for the conservation security program and environmental quality incentives program under subtitle D of title XII of the Food Security Act of 1985 (
SEC. 115. CONSERVATION ACCESS INITIATIVE TO ENCOURAGE GREATER PARTICIPATION BY SOCIALLY DISADVANTAGED FARMERS AND RANCHERS IN CONSERVATION PROGRAMS.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) SOCIALLY DISADVANTAGED GROUP- The term `socially disadvantaged group' means a group of persons whose members have been subjected to racial or ethnic prejudice because of their identity as members of a group without regard to their individual qualities.CommentsClose CommentsPermalink
(2) SOCIALLY DISADVANTAGED FARMER OR RANCHER- The term `socially disadvantaged farmer or rancher' means a farmer or rancher who is a member of a socially disadvantaged group.CommentsClose CommentsPermalink
(3) ELIGIBLE ENTITY- The term `eligible entity' means any of the following:CommentsClose CommentsPermalink
(A) Any community-based organization, network, or coalition of community-based organizations that--CommentsClose CommentsPermalink
(i) has demonstrated experience in providing agricultural education or other agriculturally related services to socially disadvantaged farmers or ranchers;CommentsClose CommentsPermalink
(ii) has provided to the Secretary of Agriculture documentary evidence of work with socially disadvantaged farmers or ranchers for not less than a five-year period preceding the submission of an application for assistance under this section; andCommentsClose CommentsPermalink
(iii) does not engage in activities prohibited under section 501(c)(3) of the Internal Revenue Code of 1986.CommentsClose CommentsPermalink
(B) An Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (
(C) An 1890 institution or 1994 institution (as defined in section 2 of the Agricultural Research, Extension, and Education Reform Act of 1998 (
(D) An Indian tribal community college or an Alaska Native cooperative college.CommentsClose CommentsPermalink
(E) An Hispanic-serving institution (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (
(F) Any other institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (
(b) Initiative- With respect to all programs authorized or amended by this title, the Secretary of Agriculture shall establish a conservation initiative for socially disadvantaged farmers or ranchers. With respect to such programs that serve an Indian tribe, the Secretary shall be required to pay the costs of office space to carry out conservation functions authorized under this section.CommentsClose CommentsPermalink
(c) Special Rule for Cost-Share Payments- Notwithstanding the actual cost sharing requirements imposed by a program authorized or amended by this title, the Secretary of Agriculture may pay up to 100 percent of the costs incurred by a socially disadvantaged farmer or rancher to participate in the program.CommentsClose CommentsPermalink
(d) Outreach and Assistance- The Secretary of Agriculture shall carry out an outreach and technical assistance program to encourage and assist socially disadvantaged farmers or ranchers to participate equitably in the full range of agricultural programs authorized or amended by this title.CommentsClose CommentsPermalink
(e) Grants and Contracts- The Secretary of Agriculture may make grants to, and enter into contracts and other agreements with, an eligible entity to provide information and technical assistance to socially disadvantaged farmers or ranchers so that they can participate equitably in the full range of agricultural programs authorized or amended by this title.CommentsClose CommentsPermalink
(f) Relationship to Other Law- The authority to carry out this section shall be in addition to any other authority provided in this or any other Act.CommentsClose CommentsPermalink
(g) Funding- The Secretary of Agriculture may reserve up to 10 percent of the funds provided for a fiscal year for financial assistance under the conservation programs under subtitle D of title XII of the Food Security Act of 1985 (
SEC. 116. CONSERVATION LOAN GUARANTEE PROGRAM.
Subtitle A of the Consolidated Farm and Rural Development Act (
`SEC. 304A. CONSERVATION LOAN GUARANTEE PROGRAM.
`(a) In General- The Secretary may provide a loan guarantee, an interest subsidy, or both, to enable an eligible borrower to obtain a qualified conservation loan.CommentsClose CommentsPermalink
`(b) Definitions- In this section:CommentsClose CommentsPermalink
`(1) ELIGIBLE BORROWER- The term `eligible borrower' means a farmer, rancher, farm cooperative, private domestic corporation, partnership, joint operation, trust, or limited liability company, that is engaged primarily and directly in agricultural production in the United States.CommentsClose CommentsPermalink
`(2) QUALIFIED CONSERVATION LOAN- The term `qualified conservation loan' means a loan that meets the following requirements:CommentsClose CommentsPermalink
`(A) PURPOSE- The loan proceeds are required to be used to cover the costs to the borrower of carrying out a qualified conservation project.CommentsClose CommentsPermalink
`(B) PRINCIPAL AMOUNT- The principal amount of the loan is not more than $1,000,000.CommentsClose CommentsPermalink
`(C) REPAYMENT PERIOD- The loan repayment period shall not exceed 10 years.CommentsClose CommentsPermalink
`(D) NO REPAYMENT REQUIRED IN FIRST YEAR- The lender is prohibited from requiring any part of the loan to be repaid in the 1-year period that begins with the date of the closing of the loan.CommentsClose CommentsPermalink
`(E) NO LOAN FORGIVENESS- The lender is prohibited from forgiving any part of the loan.CommentsClose CommentsPermalink
`(F) LIMITED PROCESSING FEE- The total of all processing fees charged with respect to the loan does not exceed such amount as shall be prescribed by the Secretary.CommentsClose CommentsPermalink
`(3) QUALIFIED CONSERVATION PROJECT- The term `eligible conservation project' means, with respect to an eligible borrower, conservation measures included in a conservation plan for a farming or ranching operation of the borrower, including--CommentsClose CommentsPermalink
`(A) the installation of conservation structures, including terraces, sod waterways, permanently vegetated stream borders and filter strips, windbreaks (tree or grass), shelter belts, and living snow fences, if all plantings consist of vegetation appropriate to the locale;CommentsClose CommentsPermalink
`(B) the establishment of forest cover for sustained yield timber management, erosion control, or shelter belt purposes, if the forest cover is appropriate to the locale;CommentsClose CommentsPermalink
`(C) the installation of water conservation measures;CommentsClose CommentsPermalink
`(D) the installation of waste management systems;CommentsClose CommentsPermalink
`(E) the establishment or improvement of permanent pasture;CommentsClose CommentsPermalink
`(F) the payment of costs of complying with section 1212 of the Food Security Act of 1985;CommentsClose CommentsPermalink
`(G) other purposes consistent with the conservation plan;CommentsClose CommentsPermalink
`(H) any conservation project or practice, as described by technical guides and handbooks issues by the Natural Resources Conservation Service; orCommentsClose CommentsPermalink
`(I) emerging conservation practices, techniques, or technologies, as approved by the Secretary.CommentsClose CommentsPermalink
`(c) Limitations Applicable to Loan Guarantees-CommentsClose CommentsPermalink
`(1) LIMITATION ON AMOUNT OF GUARANTEE- The portion of a loan that the Secretary may guarantee under this section shall be not less than 80 percent and not more than 90 percent of the principal amount of the loan.CommentsClose CommentsPermalink
`(2) LIMITATION ON TOTAL AMOUNT OUTSTANDING- The aggregate principal amount of outstanding loans guaranteed by the Secretary under this section shall not exceed $1,000,000,000.CommentsClose CommentsPermalink
`(d) Limitation on Amount of Interest Subsidy- The interest subsidy which the Secretary may provide under this section with respect to a loan shall result in a reduction of the interest rate agreed upon by the borrower and the lender (but to not less than zero) by--CommentsClose CommentsPermalink
`(1) 500 basis points, if the principal amount of the loan is less than $100,000;CommentsClose CommentsPermalink
`(2) 400 basis points, if the principal amount of the loan is not less than $100,000 and is less than $500,000; andCommentsClose CommentsPermalink
`(3) 300 basis points, in any other case.CommentsClose CommentsPermalink
`(e) Administrative Provisions-CommentsClose CommentsPermalink
`(1) AUTHORITY TO COLLECT PROCESSING FEE- The Secretary may assess a fee to cover the cost of processing an application under this section equal to not more than 1 percent of the principal amount of the loan sought by the applicant, as described in the application.CommentsClose CommentsPermalink
`(2) PROVISION OF FINANCIAL INFORMATION- An applicant for a loan guarantee or interest subsidy under this section shall provide the Secretary with such financial information as may be required by the Secretary, in the manner generally required by commercial agricultural lenders in the geographical area where the farming or ranching operation of the applicant is located.CommentsClose CommentsPermalink
`(3) APPRAISAL- The Secretary may require that an appraisal made in connection with an application for a loan guarantee or interest subsidy under this section be conducted by a specialized appraiser that uses standards similar to the standards used for similar purposes in the private sector, as determined by the Secretary.CommentsClose CommentsPermalink
`(4) APPROVAL OF APPLICATION- The Secretary shall not approve an application submitted pursuant to this section, unless the Natural Resources Conservation Service has determined that--CommentsClose CommentsPermalink
`(A) the loan sought by the applicant, as described in the application, would be a qualified conservation loan; andCommentsClose CommentsPermalink
`(B) the project for which the loan is sought is likely to result in a net benefit to the environment.CommentsClose CommentsPermalink
`(5) DEADLINE FOR DECISION ON APPLICATION- Within 45 business days after the receipt of an application for assistance under this section, the Secretary shall transmit to the applicant the decision of the Secretary to approve or disapprove the application, to the extent practicable.CommentsClose CommentsPermalink
`(6) EQUITABLE DISTRIBUTION OF LOAN GUARANTEES AND INTEREST SUBSIDIES- The Secretary shall ensure that loan guarantees and interest subsidies under this section are equitably distributed among agricultural producers according to the scale of the operations of the producers.CommentsClose CommentsPermalink
`(f) Relationship With Other Conservation Programs- Neither the application for, nor the receipt of, a loan guarantee or an interest subsidy under this section shall affect the eligibility of the recipient for assistance under title XII of the Food Security Act of 1985 or the Watershed Protection and Flood Prevention Act.CommentsClose CommentsPermalink
`(g) Appropriations- For each of fiscal years 2008 through 2013, the Secretary shall use such funds of the Commodity Credit Corporation as are necessary to carry out this section.'.CommentsClose CommentsPermalink
SEC. 117. PILOT PROGRAM FOR COMPREHENSIVE CONSERVATION PLANNING.
(a) Pilot Program Required- The Secretary of Agriculture shall establish a pilot program to evaluate the feasibility of assisting producers, before they apply for assistance under any conservation program under subtitle D of title XII of the Food Security Act of 1985 (
(b) Locations- The pilot program shall be undertaken in the following locations:CommentsClose CommentsPermalink
(1) The Chesapeake Bay watershed.CommentsClose CommentsPermalink
(2) The Great Lakes Basin.CommentsClose CommentsPermalink
(3) The Connecticut River watershed.CommentsClose CommentsPermalink
(4) The Highlands Region, as defined in section 3 of the Highlands Conservation Act (
(5) The Upper Mississippi River Basin.CommentsClose CommentsPermalink
(c) Provision of Assistance- The assistance to producers shall be provided by the Secretary directly or through third-party providers certified by the Secretary, and shall be provided without charge to the producer. The results of the comprehensive conservation planning shall be provided to the producer to enable informed choices on the type of financial assistance available through conservation programs administered by the Secretary that would most effectively address the resource needs of the farmer's operation consistent with the environmental goals for the area in which the operation is located.CommentsClose CommentsPermalink
(d) Funding- The Secretary shall use funds of the Commodity Credit Corporation to carry out the pilot program in the amount of $40,000,000 for each of fiscal years 2008 through 2013. The funds shall be equally divided, to the maximum extent practicable, between each of the four pilot program locations.CommentsClose CommentsPermalink
(e) Assessment and Report- The Secretary shall conduct an assessment of the effectiveness of the pilot program and publish a report, to be available to the public, of the results of the assessment. An assessment and report shall be undertaken in the second year and the fifth year of the pilot program.CommentsClose CommentsPermalink
SEC. 118. TECHNICAL ASSISTANCE UNDER DEPARTMENT OF AGRICULTURE CONSERVATION PROGRAMS.
(a) Use of Third-Party Providers- Section 1242 of the Food Security Act of 1985 (
(1) in subsection (a), by striking paragraph (2) and inserting the following new paragraph:CommentsClose CommentsPermalink
`(2) at the option of the producer, through an approved third party, if available.'; andCommentsClose CommentsPermalink
(2) in subsection (b)--CommentsClose CommentsPermalink
(A) by striking paragraph (1) and inserting the following new paragraph:CommentsClose CommentsPermalink
`(1) SYSTEM FOR EVALUATION OF PROVIDERS- The Secretary shall establish, by regulation, a system for approving individuals and entities to provide technical assistance to carry out programs under this chapter, including criteria for the evaluation of providers or potential providers of technical assistance.';CommentsClose CommentsPermalink
(B) by striking paragraph (3) and inserting the following new paragraph:CommentsClose CommentsPermalink
`(3) COMPETITIVE BIDDING- The Secretary may accept bids from approved third parties to provide technical assistance to producers eligible for that assistance.'; andCommentsClose CommentsPermalink
(C) in paragraph (4), by striking `may request' and inserting `shall request, to the maximum extent practicable,'.CommentsClose CommentsPermalink
(b) Cooperative Conservation Educational Assistance Program- Such section is further amended by adding at the end the following new subsection:CommentsClose CommentsPermalink
`(c) Cooperative Conservation Educational Assistance Program- The Secretary shall establish a cooperative conservation educational assistance program through which a student at an institution of higher education, in a field of study such as agronomy, conservation biology, engineering, and other subject relevant to the provision of technical assistance under this section, may receive educational assistance in exchange for a commitment of service to the Natural Resources Conservation Service or other agency within the Department of Agriculture involved in providing such assistance. Establishment of the program shall be carried out by rulemaking, and the final rule shall be issued not later than 180 days after the date of the enactment of this subsection.'.CommentsClose CommentsPermalink
TITLE II--ENERGY
SEC. 201. DEFINITION OF BIOMASS.
Section 9001(3)(B)(i) of the Farm Security and Rural Investment Act of 2002 (
SEC. 202. SUPPORT FOR DEVELOPMENT OF BIOREFINERIES.
(a) Assistance Methods- Subsection (c) of section 9003 of the Farm Security and Rural Investment Act of 2002 (
`(c) Assistance- The Secretary shall award grants and make loans and loan guarantees to eligible entities to assist in covering the cost of development and construction of biorefineries or for the construction or deployment of methane digesters used to capture the methane gas from livestock manure for use as a fuel source for biofuel production to carry out projects to demonstrate the commercial viability of 1 or more processes for converting biomass to fuels or chemicals.'.CommentsClose CommentsPermalink
(b) Environmental Goals- Subsection (e)(2) of such section is amended--CommentsClose CommentsPermalink
(1) by striking `and' at the end of clause (i);CommentsClose CommentsPermalink
(2) by redesignating clause (ii) as clause (iii); andCommentsClose CommentsPermalink
(3) by inserting after clause (i) the following new clause:CommentsClose CommentsPermalink
`(ii) shall select projects based upon the extent to which the projects meet environmental goals for feed stocks and refineries, including goals related to reductions in greenhouse gas emissions and improvement in water quality and wildlife habitat, developed by the Secretary in consultation with the Secretary of the Interior, the Secretary of Energy, and the National Academy of Sciences; and'.CommentsClose CommentsPermalink
(c) Cost Sharing- Subsection (f) of such section is amended to read as follows:CommentsClose CommentsPermalink
`(f) Cost Sharing and Interest Rates-CommentsClose CommentsPermalink
`(1) IN GENERAL- The combined amount of a grant and loan made or guaranteed under this section shall not exceed 50 percent of the cost of the project.CommentsClose CommentsPermalink
`(2) FORM OF RECIPIENT SHARE- The recipient share of the cost of a project may be made in the form of cash or the provision of services, material, or other in-kind contributions. The amount of the recipient share made in the form of the provision of services, material, or other in-kind contributions shall not exceed 25 percent of the amount of the share determined under paragraph (1).CommentsClose CommentsPermalink
`(3) INTEREST RATE- A loan made under subsection (c) shall bear interest at the rate equivalent to the rate of interest charged on Treasury securities of comparable maturity on the date the loan is approved. The interest rate shall remain in effect for the term of the loan.'.CommentsClose CommentsPermalink
(d) Energy Reserve Program- Such section is further amended--CommentsClose CommentsPermalink
(1) by redesignating subsections (g) and (h) as subsections (h) and (i), respectively; andCommentsClose CommentsPermalink
(2) by inserting after subsection (f) the following new subsection:CommentsClose CommentsPermalink
`(g) Energy Reserve Program-CommentsClose CommentsPermalink
`(1) PROGRAM REQUIRED- Until December 31, 2013, the Secretary shall carry out an energy reserve program under which not more than 100,000 acres of land may be enrolled through the use of five-year contracts to assist owners and operators with the production of feed stocks for the projects carried out pursuant to this section.CommentsClose CommentsPermalink
`(2) ELIGIBLE LANDS- The Secretary may include any land, regardless of a cropping history, so long as the feed stock is produced and harvested consistent with the needs of the environment, as provided in paragraph (3).CommentsClose CommentsPermalink
`(3) DUTIES OF OWNERS AND OPERATORS- Under a contract entered into under this subsection, an owner or operator of land shall implement a feed stock conservation plan to ensure that lands enrolled are managed consistent with the needs of the environment, including the needs of wildlife. Paragraphs (5) and (6) of section 1232(a) of the Food Security Act of 1985 (
`(4) PAYMENTS- The Secretary shall provide annual rental payments to owners and operators of lands of amounts not greater than $25,000 for any fiscal year, and shall establish the amounts of payments through--CommentsClose CommentsPermalink
`(A) the submission of bids for such contracts by owners and operators in such manner as the Secretary may prescribe; orCommentsClose CommentsPermalink
`(B) such other means as the Secretary determines are appropriate.'.CommentsClose CommentsPermalink
(e) Funding- Subsection (i) of such section, as amended by subsection (d)(1), is amended to read as follows:CommentsClose CommentsPermalink
`(i) Funding- Of the funds of the Commodity Credit Corporation, the Secretary shall make available to carry out this section $100,000,000 for each of fiscal years 2008 through 2013.'.CommentsClose CommentsPermalink
(f) Conforming Amendments- Such section is further amended--CommentsClose CommentsPermalink
(1) in the section heading, by striking `grants';CommentsClose CommentsPermalink
(2) in subsection (c), by striking `a grant' and inserting `assistance'; andCommentsClose CommentsPermalink
(3) in subsection (e), by striking `grants' both places it appears and inserting `assistance'.CommentsClose CommentsPermalink
SEC. 203. REAUTHORIZATION OF ENERGY AUDIT AND RENEWABLE ENERGY DEVELOPMENT PROGRAM.
Section 9005(i) of the Farm Security and Rural Investment Act of 2002 (
SEC. 204. REAUTHORIZATION OF AND INCREASED FUNDING FOR RENEWABLE ENERGY SYSTEMS AND ENERGY EFFICIENCY IMPROVEMENTS PROGRAM.
(a) Priorities- Section 9006 of the Farm Security and Rural Investment Act of 2002 (
(1) by redesignating subsection (c) through (f) as subsection (d) through (g), respectively; andCommentsClose CommentsPermalink
(2) by inserting after subsection (b) the following new subsection:CommentsClose CommentsPermalink
`(c) Priority- The Secretary shall establish a system to rank applications for loans, loan guarantees, and grants under this section that considers the extent to which the proposed project--CommentsClose CommentsPermalink
`(1) will produce environmental benefits, including reductions in greenhouse gas emissions, other improvements in air quality, and improvements in water quality; andCommentsClose CommentsPermalink
`(2) fosters community or cooperative approaches to renewable energy development.'.CommentsClose CommentsPermalink
(b) Funding- Subsection (f) of section 9006 of the Farm Security and Rural Investment Act of 2002 (
`(f) Funding-CommentsClose CommentsPermalink
`(1) AVAILABILITY OF FUNDS- Of the funds of the Commodity Credit Corporation, the Secretary shall make available to carry out this section the following amounts:CommentsClose CommentsPermalink
`(A) $60,000,000 for fiscal year 2008.CommentsClose CommentsPermalink
`(B) $90,000,000 for fiscal year 2009.CommentsClose CommentsPermalink
`(C) $130,000,000 for fiscal year 2010.CommentsClose CommentsPermalink
`(D) $180,000,000 for fiscal year 2011.CommentsClose CommentsPermalink
`(E) $250,000,000 for fiscal year 2012.CommentsClose CommentsPermalink
`(2) DURATION- Funds made available under paragraph (1) shall remain available until expended.'.CommentsClose CommentsPermalink
SEC. 205. REAUTHORIZATION OF DEPARTMENT OF AGRICULTURE BIOENERGY PROGRAM.
Subsection (c) of section 9010 of the Farm Security and Rural Investment Act of 2002 (
`(c) Funding- Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section not more than $150,000,000 for each of fiscal years 2008 through 2013.'.CommentsClose CommentsPermalink
SEC. 206. REAUTHORIZATION OF AND INCREASED FUNDING FOR BIOMASS RESEARCH AND DEVELOPMENT.
Section 310 of the Biomass Research and Development Act of 2000 (
`SEC. 310. FUNDING.
`(a) Funding- Of funds of the Commodity Credit Corporation, the Secretary shall make available to carry out this title--CommentsClose CommentsPermalink
`(1) $15,000,000 for fiscal year 2008; andCommentsClose CommentsPermalink
`(2) $25,000,000 for each of fiscal years 2009 through 2013.CommentsClose CommentsPermalink
`(b) Authorization of Appropriations- In addition to amounts transferred under subsection (a), there are authorized to be appropriated to carry out this title $200,000,000 for each of fiscal years 2006 through 2015.CommentsClose CommentsPermalink
`(c) Availability of Funds- Amounts made available under subsection (a) or appropriated pursuant to the authorization of appropriations in subsection (b) shall remain available until expended.'.CommentsClose CommentsPermalink
SEC. 207. REAUTHORIZATION OF CARBON CYCLE RESEARCH.
(a) Research Conducted Through Consortium for Agricultural Soils Mitigation of Greenhouse Gases-CommentsClose CommentsPermalink
(1) PARTICIPANTS IN CONSORTIUM- Subsection (b) of section 221 of the Agricultural Risk Protection Act of 2000 (
(2) AUTHORIZATION OF APPROPRIATIONS- Subsection (g) of such section is amended by striking `fiscal years 2002 through 2007' and inserting `fiscal years 2007 through 2012'.CommentsClose CommentsPermalink
(b) Cooperative Research Projects- Subsection (d)(4) of such section is amended by striking `fiscal years 2002 through 2007' and inserting `fiscal years 2008 through 2013'.CommentsClose CommentsPermalink
(c) Extension Projects- Subsection (e)(3) of such section is amended by striking `fiscal years 2002 through 2007' and inserting `fiscal years 2008 through 2013'.CommentsClose CommentsPermalink
TITLE III--HEALTHY FOOD CHOICES
SEC. 301. REAUTHORIZATION OF AND INCREASED FUNDING FOR COMMUNITY FOOD PROJECT COMPETITIVE GRANTS.
(a) Authority To Provide Assistance- Section 25(b) of the Food Stamp Act of 1977 (
(1) in paragraph (1) by striking `From amounts made available to carry out this Act, the Secretary may' and inserting `The Secretary shall'; andCommentsClose CommentsPermalink
(2) by striking paragraph (2) and inserting the following:CommentsClose CommentsPermalink
`(2) FUNDING AMOUNTS- From amounts made available to carry out this Act, the Secretary shall use $60,500,000 for each of fiscal years 2008 through 2013 to make grants under this section.'.CommentsClose CommentsPermalink
(b) Preference for Certain Projects- Section 25(d) of the Food Stamp Act of 1977 (
(1) in paragraph (3) by striking `or' at the end;CommentsClose CommentsPermalink
(2) in paragraph (4) by striking the period at the end and inserting `; or' ; andCommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
`(5) serve special project needs in areas of--CommentsClose CommentsPermalink
`(A) transportation and processing for expanding institutional and emergency food service demand for local food;CommentsClose CommentsPermalink
`(B) retail access to healthy foods in underserved markets;CommentsClose CommentsPermalink
`(C) integration of urban and metro-area food production in food projects; andCommentsClose CommentsPermalink
`(D) technical assistance for youth, socially disadvantaged individuals, and limited resource groups.'.CommentsClose CommentsPermalink
(c) Matching Funds Requirements- Section 25(e)(1) of the Food Stamp Act of 1977 (
(d) Term of Grant- Section 25(f)(2) of the Food Stamp Act of 1977 (
(e) Funding- Section 25(h)(4) of the Food Stamp Act of 1977 (
(1) by striking `fiscal years 2003 through 2007' and inserting `fiscal years 2008 through 2013'; andCommentsClose CommentsPermalink
(2) by striking `$200,000' and inserting `$500,000'.CommentsClose CommentsPermalink
SEC. 302. EXPANSION OF FRESH FRUIT AND VEGETABLE PROGRAM.
Section 18 of the Richard B. Russell National School Lunch Act (
(1) in paragraph (1)--CommentsClose CommentsPermalink
(A) in the matter preceding subparagraph (A), by striking `July 2004' and inserting `July 2007'; andCommentsClose CommentsPermalink
(B) by striking subparagraphs (A) and (B) and inserting the following:CommentsClose CommentsPermalink
`(A) 100 elementary or secondary schools in each State;CommentsClose CommentsPermalink
`(B) additional elementary or secondary schools in each State in proportion to the student population of the State; and';CommentsClose CommentsPermalink
(2) in paragraph (3)(A), by striking `paragraph (1)(B)' and inserting `paragraph (1)';CommentsClose CommentsPermalink
(3) in paragraph (5), in each of subparagraphs (A) and (B), by striking `2008' and inserting `2011'; andCommentsClose CommentsPermalink
(4) in paragraph (6)(B)(i)--CommentsClose CommentsPermalink
(A) by striking `October 1, 2004,' and inserting `October 1, 2007,'; andCommentsClose CommentsPermalink
(B) by striking `$9,000,000' and inserting `$300,000,000'.CommentsClose CommentsPermalink
SEC. 303. AUTHORIZATION LEVEL FOR FARM-TO-CAFETERIA ACTIVITIES.
Section 18 of the Richard B. Russell National School Lunch Act (
SEC. 304. EXTENSION OF WIC FARMERS' MARKET NUTRITION PROGRAM.
Section 17(m)(9)(A) of the Child Nutrition Act of 1966 (
(1) in clause (i), by striking `2009' and inserting `2013'; andCommentsClose CommentsPermalink
(2) by striking clause (ii) and inserting the following:CommentsClose CommentsPermalink
`(ii) MANDATORY FUNDING- Of the funds of the Commodity Credit Corporation, the Secretary shall make available to carry out this subsection $20,000,000 for fiscal year 2008, $30,000,000 for fiscal year 2009, $45,000,000 for fiscal year 2010, $60,000,000 for fiscal year 2011, and not less than $75,000,000 for fiscal year 2012 and each fiscal year thereafter. Such funds shall remain available until expended.'.CommentsClose CommentsPermalink
SEC. 305. SENIOR FARMERS' MARKET NUTRITION PROGRAM.
Section 4402 of the Farm Security and Rural Investment Act of 2002 (
(1) in subsection (a) by striking `$5,000,000' and all that follows through `2007', and inserting `$20,000,000 for fiscal year 2008, $30,000,000 for fiscal year 2009, $45,000,000 for fiscal year 2010, $60,000,000 for fiscal year 2011, and not less than $75,000,000 for fiscal year 2012 and each fiscal year thereafter';CommentsClose CommentsPermalink
(2) in subsection (b)--CommentsClose CommentsPermalink
(A) in paragraph (2) by striking `and' at the end,CommentsClose CommentsPermalink
(B) in paragraph (3) by striking the period at the end and inserting `; and', andCommentsClose CommentsPermalink
(C) by adding at the end the following:CommentsClose CommentsPermalink
`(4) to promote the transition to organic and other environmentally beneficial food production systems.'; andCommentsClose CommentsPermalink
(3) by adding at the end the following new subsection:CommentsClose CommentsPermalink
`(d) Eligible Participants; Benefit Levels- The regulations required by subsection (c)--CommentsClose CommentsPermalink
`(1) shall allow for participation by farmers' markets, and roadside stands, community supported agriculture programs; andCommentsClose CommentsPermalink
`(2) shall not limit the ability of State or regional programs to set benefit levels per individual senior.'.CommentsClose CommentsPermalink
SEC. 306. FARMERS' MARKET PROMOTION PROGRAM.
Section 6 of the Farmer-to-Consumer Direct Marketing Act of 1976 (
`(d) Criteria and Guidelines-CommentsClose CommentsPermalink
`(1) IN GENERAL- The Secretary shall establish criteria and guidelines for the submission, evaluation, and funding of proposed projects under the Program.CommentsClose CommentsPermalink
`(2) PRIORITY- The Secretary shall prioritize for funding projects that will support, encourage, or promote the transition to organic and other environmentally beneficial forms of agricultural production.CommentsClose CommentsPermalink
`(e) Funding- The Secretary shall use $25,000,000 of funds of the Commodity Credit Corporation to carry out this section in each of the fiscal years 2008 through 2013, of which $5,000,000 shall be used to support the use of electronic benefit transfers at farmers' markets.'.CommentsClose CommentsPermalink
SEC. 307. DEPARTMENT OF DEFENSE AND DEPARTMENT OF AGRICULTURE PROCUREMENT OF LOCALLY PRODUCED AGRICULTURAL PRODUCTS.
(a) Findings- Congress finds the following:CommentsClose CommentsPermalink
(1) Locally procured agricultural products, as compared to products transported from distant sources--CommentsClose CommentsPermalink
(A) are often harvested closer to full ripeness and can have higher nutritional quality;CommentsClose CommentsPermalink
(B) can have improved ripeness, taste, or selection, which can increase rates of consumption of agricultural products; andCommentsClose CommentsPermalink
(C) are more efficient to store, distribute, and package.CommentsClose CommentsPermalink
(2) Use of local produce--CommentsClose CommentsPermalink
(A) reduces dependence upon foreign oil by reducing fuel consumption rates associated with the production or transportation of agricultural products;CommentsClose CommentsPermalink
(B) can help to improve the ability of those using the procurement system to provide education on nutrition, farming, sustainability, energy efficiency, and the importance of local purchases to the local economy;CommentsClose CommentsPermalink
(C) helps to maintain a robust logistics network for agricultural product procurement; andCommentsClose CommentsPermalink
(D) promotes farm, business, and economic development by accessing local markets.CommentsClose CommentsPermalink
(3) Section 9(j) of the Richard B. Russell National School Lunch Act (
(b) Department of Defense Geographic Procurement Preference- Notwithstanding any other provision of law, the Department of Defense may use a geographic preference to purchase locally produced agricultural products for--CommentsClose CommentsPermalink
(1) the Defense Supply Center Philadelphia;CommentsClose CommentsPermalink
(2) the Department of Defense Farm to School Program;CommentsClose CommentsPermalink
(3) the Department of Defense Fresh Fruit and Vegetable Program;CommentsClose CommentsPermalink
(4) the service academies;CommentsClose CommentsPermalink
(5) Department of Defense domestic dependant schools;CommentsClose CommentsPermalink
(6) other Department of Defense schools under chapter 108 of title 10, United States Code;CommentsClose CommentsPermalink
(7) commissary and exchange stores; andCommentsClose CommentsPermalink
(8) morale, welfare, and recreation facilities operated by the Department of DefenseCommentsClose CommentsPermalink
(c) Department of Agriculture and Related Entities Geographic Procurement Preference- Notwithstanding any other provision of law, the Department of Agriculture, schools, local educational agencies, and other entities may use a geographic preference to purchase locally produced agricultural products for--CommentsClose CommentsPermalink
(1) the school breakfast program established by section 4 of the Child Nutrition Act of 1966 (
(2) the school lunch program established under the Richard B. Russell National School Lunch Act (
(3) the summer food service program for children established under section 13 of the Richard B. Russell National School Lunch Act (
(4) the child and adult care food program established under section 17 of the Richard B. Russell National School Lunch Act (
(d) Addition of Geographic Preference- In the case of the purchase of agricultural products for a program or entity described in subsection (b) or (c), the local food service director or other entity making the purchase may include the geographic preference provided by such subsections in bid specifications and may select a bid involving locally produced agricultural products, even if that bid is not the lowest bid.CommentsClose CommentsPermalink
(e) Reporting- A school, local educational agency, or other entity participating in one or more of the programs described in subsection (c) shall report to the Secretary of Agriculture if the school, local educational agency, or other entity pays more than 10 percent more than the lowest bid to purchase locally produced agricultural products in accordance with this section.CommentsClose CommentsPermalink
(f) Review- The Secretary of Defense and the Secretary of Agriculture shall periodically review the use of the geographic preference provided by this section to prevent fraud or abuse.CommentsClose CommentsPermalink
SEC. 308. FRUIT AND VEGETABLE NUTRITION PROMOTION PROGRAM.
(a) In General- The Secretary of Agriculture, acting through the Administrator of the Agricultural Marketing Service, shall establish and carry out a program to provide assistance to eligible trade organizations described in subsection (c) to increase the consumption of fruits and vegetables in the United States to meet Federal health guidelines.CommentsClose CommentsPermalink
(b) Requirements for Participation- To be eligible for assistance under this section, an organization shall--CommentsClose CommentsPermalink
(1) be an eligible trade organization;CommentsClose CommentsPermalink
(2) prepare and submit a plan to increase the consumption of fruits and vegetables in the United States to the Administrator of the Agricultural Marketing Service that meets any guidelines governing such plans established by the Administrator; andCommentsClose CommentsPermalink
(3) meet any other requirements established by the Administrator.CommentsClose CommentsPermalink
(c) Eligible Trade Organizations- An eligible trade organization under this section shall be--CommentsClose CommentsPermalink
(1) a nonprofit fruit and vegetable trade organizations in the United States;CommentsClose CommentsPermalink
(2) a nonprofit State or regional fruit and vegetable organization;CommentsClose CommentsPermalink
(3) a fruit and vegetable agricultural cooperative in the United States;CommentsClose CommentsPermalink
(4) a commodity board or commission in the United States; orCommentsClose CommentsPermalink
(5) a small business engaged in the fruit and vegetable industry in the United States.CommentsClose CommentsPermalink
(d) Matching Funds- Assistance provided under this section shall not exceed--CommentsClose CommentsPermalink
(1) in the case of an organization described in paragraphs (1) through (4) of subsection (c), 90 percent of the cost of the plan to increase the consumption of fruits and vegetables in the United States submitted under subsection (b)(2); andCommentsClose CommentsPermalink
(2) in the case of an organization described in subsection (c)(5), 50 percent of the cost of the plan to increase the consumption of fruits and vegetables in the United States submitted under subsection (b)(2).CommentsClose CommentsPermalink
(e) Funding- Of the funds available to the Commodity Credit Corporation, the Administrator of the Agricultural Marketing Service shall use $100,000,000 in each of fiscal years 2008 through 2011 to carry out this section.CommentsClose CommentsPermalink
SEC. 309. USE OF `DIETARY GUIDELINES FOR AMERICANS' IN SPECIAL NUTRITION PROGRAMS AND SCHOOL LUNCH PROGRAMS.
Section 9(a) of the Richard B. Russell National School Lunch Act (
`(5) ALLOCATIONS TO BE BASED ON DIETARY GUIDELINES- For the school year beginning in July 2007 and each school year thereafter, the Secretary shall ensure that allocations of food and food ingredients offered in school nutrition programs under this Act and the Child Nutrition Act of 1966 (
SEC. 310. SECTION 32 SPECIALTY CROP PURCHASES.
(a) Minimum Level of Purchases- Section 32 of the Act of August 24, 1935 (
(b) Expansion of DOD Fresh Program- Such section is further amended by inserting after the sixth sentence, as amended by subsection (a), the following new sentence: `Of the funds specified in the preceding sentence, the Secretary of Agriculture shall expend not less than $150,000,000 for each of fiscal years 2008 through 2012 for the purchase of fresh fruits and vegetables for distribution to schools and service institutions in accordance with section 6(a) of the Richard B. Russell National School Lunch Act (
SEC. 311. AMENDMENTS TO THE FOOD STAMP PROGRAM.
(a) Definition- Section 3 of the Food Stamp Act of 1977 (
`(v) `Food stamp nutrition education' means direct education, group activities, community health promotion, and comprehensive public health approaches (including but not limited to, social marketing, mass media, public-private partnerships, policy, systems and environmental changes, and evaluation) that promote healthy eating and make healthy food and physical activity choices more desired, affordable, and accessible. To serve all those potentially eligible for food stamps, nutrition education programs should be designed to reach large numbers of low-income individuals. Programs shall support behavior change consistent with the Dietary Guidelines for Americans, including a diet rich in fruits and vegetables and whole grains.'.CommentsClose CommentsPermalink
(b) Administration- Section 11(e)(1)(A) of the Food Stamp Act of 1977 (
SEC. 312. FOOD STAMP FRUIT AND VEGETABLE ELECTRONIC BENEFIT TRANSFER PILOT PROJECT.
(a) Finding- The Congress finds that increased consumption of fruits and vegetables by participants in the food stamp program will significantly improve the overall dietary habits of such participants.CommentsClose CommentsPermalink
(b) Pilot Project- The Secretary of Agriculture shall establish and carry out a pilot project that will provide to each participant in the food stamp program who receives benefits in the form of an electronic benefit transfer, financial incentives for each dollar of such benefits expended by such recipient to facilitate the purchase of fresh fruits and vegetables.CommentsClose CommentsPermalink
(c) Authorization of Appropriations- There is authorized to be appropriated $10,000,000 for each of 5 fiscal years to carry out this section.CommentsClose CommentsPermalink
TITLE IV--PROMOTION OF NEW MARKETS AND FARM VIABILITY
SEC. 401. FARM VIABILITY PROGRAM.
(a) Program Required- Subsection (a) of section 1238J of the Food Security Act of 1985 (
(b) Funding- Subsection (b) of such section is amended to read as follows:CommentsClose CommentsPermalink
`(b) Funding- In addition to other funds made available to carry out this subchapter for each of fiscal years 2008 through 2013, the Secretary shall use $50,000,000 of funds of the Commodity Credit Corporation each fiscal year to make grants to eligible entities under subsection (a).'.CommentsClose CommentsPermalink
SEC. 402. NATIONAL ORGANIC CERTIFICATION AND TRANSITION COST SHARE PROGRAM.
Section 10606 of the Farm Security and Rural Investment Act of 2002 (
`SEC. 10606. NATIONAL ORGANIC CERTIFICATION AND TRANSITION COST SHARE PROGRAM.
`(a) In General- Of the funds of the Commodity Credit Corporation, the Secretary of Agriculture (acting through the Natural Resources Conservation Service) shall use $80,000,000 for each of fiscal years 2008 through 2013 to establish a national organic certification and transition cost-share program to assist producers and handlers of agricultural products in obtaining certification under the national organic production program established under the Organic Foods Production Act of 1990 (
`(b) Certification Costs-CommentsClose CommentsPermalink
`(1) IN GENERAL- The Secretary shall pay under this section a portion of the costs incurred by a producer or handler in obtaining certification under the national organic production program, as certified to and approved by the Secretary.CommentsClose CommentsPermalink
`(2) MAXIMUM AMOUNT- The amount of a payment made to a producer or handler for certification under this section shall be $750 per year.CommentsClose CommentsPermalink
`(3) FUNDING- Of the funds made available under subsection (a), the Secretary (acting through the Agricultural Marketing Service) shall use $25,000,000 for each of the fiscal years 2008 through 2013 to share up to 75 percent of the cost of certification.CommentsClose CommentsPermalink
`(c) Accreditation and Enforcement Costs- Of the funds made available under subsection (a), the Secretary (acting through the Agricultural Marketing Service) shall use $5,000,000 for each of the fiscal years 2008 through 2013 to fund the accreditation and enforcement programs operated by the National Organic Program to implement the accreditation and enforcement provisions of the Organic Foods Production Act of 1990.CommentsClose CommentsPermalink
`(d) Reimbursements for Infrastructure Necessary To Implement Organic Practice Standards-CommentsClose CommentsPermalink
`(1) ESTABLISHMENT- Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish a program to reimburse producers and handlers for the costs of transition to organic production.CommentsClose CommentsPermalink
`(2) PROGRAM- Under the program established under paragraph (1), the Secretary (acting through the Natural Resources Conservation Service) shall use $50,000,000 for each of the fiscal years 2008 through 2013 to assist producers and handlers developing and implementing infrastructure and practices necessary to transition land and animals to meet the requirements of the Organic Food Production Act of 1990.CommentsClose CommentsPermalink
`(3) PLAN SUBMISSION- The Secretary may only reimburse a producer or handler under this section if the producer or handler submits to the Secretary an organic transition plan that contains the expected costs for infrastructure and practices, the environmental and economic benefits derived from the infrastructure or implementing organic practice standards, and a demonstration of the existence of a market or the reasonable expectation of a future market for the products to be produced or handled.CommentsClose CommentsPermalink
`(4) APPROPRIATE INFRASTRUCTURE AND PRACTICE STANDARDS- The Secretary shall only reimburse producers and handlers under this subsection for the costs of the following:CommentsClose CommentsPermalink
`(A) Organic practices and activities during transition to certified organic production consistent with an approved plan to transition to certified organic production.CommentsClose CommentsPermalink
`(B) Farm infrastructure necessary to implement organic practice standards, including livestock watering facilities and fencing, so long as such infrastructure is consistent with an approved plan to transition to certified organic production.CommentsClose CommentsPermalink
`(C) Organic livestock welfare measures, so long as such infrastructure or practices and activities are necessary to implement an organic practice standard and are consistent with an approved plan to transition to certified organic production.CommentsClose CommentsPermalink
`(D) Advanced organic practices consistent with approved certified organic production.CommentsClose CommentsPermalink
`(E) Technical assistance, including the costs of developing an approved transition plan under this section.CommentsClose CommentsPermalink
`(F) Other measures the Secretary, after consultation with the National Organic Standards Board, determines are appropriate.CommentsClose CommentsPermalink
`(5) ORGANIC TRANSITION TECHNICAL ADVICE- The Secretary shall consult with the National Organic Standards Board regarding the elements of an approved organic transition plan and to identify and recommend ways that the Secretary may generally use the resources provided for programs under subtitle D of title XII of the Food Security Act of 1985 (
`(6) MAXIMUM AMOUNT FOR TRANSITION REIMBURSEMENT- Except as provided in (A) and (B), the maximum amount of reimbursement paid to a producer or handler for transition to organic production under this section shall be $10,000 per fiscal year.CommentsClose CommentsPermalink
`(A) SPECIALTY CROPS- In the case of an individual or entity who annually produces three or more types of specialty crops, the individual or entity may not receive, directly or indirectly, cost-share or incentive payments under this section that, in the aggregate, exceed $20,000 per year, for a period not to exceed four years.CommentsClose CommentsPermalink
`(B) DAIRY- In the case of an individual or entity whose principal farming enterprise is dairy, the individual or entity may not receive, directly or indirectly, cost-share or incentive payments under this section that, in the aggregate, exceed $20,000 per year, for a period not to exceed four years.CommentsClose CommentsPermalink
`(7) ELIGIBLE FISCAL YEARS- A producer or handler may only receive payments--CommentsClose CommentsPermalink
`(A) in four fiscal years; andCommentsClose CommentsPermalink
`(B) after the first payment, in the fiscal year in which such payment was made and the three subsequent fiscal years.CommentsClose CommentsPermalink
`(8) TRANSITION REIMBURSEMENTS- A certified organic producer or handler under the national organic production program shall be eligible for reimbursements to make the transition to organic production for new lands and livestock.CommentsClose CommentsPermalink
`(9) SUSPENSION AUTHORITY- To ensure orderly and continued growth in organic farming--CommentsClose CommentsPermalink
`(A) prior to each fiscal year and no later than October 1st of each year, the Secretary shall publish organic commodity specific assessments analyzing the domestic production and consumption, import and export organic market demand and growth potential for each organic commodity and the anticipated number and total amount of new reimbursements for the following year affecting each commodity; andCommentsClose CommentsPermalink
`(B) the Secretary shall not enroll new producers under this subsection if, for any particular agricultural commodity, any new producers would produce an increased amount of that agricultural commodity that the Secretary finds is reasonably anticipated to affect the continuing economic viability of farmers currently certified under the national organic production program or would create unreasonable geographic disparities in the distribution of reimbursements provided under this section.CommentsClose CommentsPermalink
`(10) APPEALS- An applicant seeking transition assistance under this section has the right to appeal an adverse decision by Secretary with regard to an application for assistance, as provided in section 275 of the Department of Agriculture Reorganization Act of 1994 (
`(e) Technical and Educational Assistance- Of the funds made available under subsection (a) for a fiscal year, the Secretary shall use not less than $15,000,000 to provide technical and educational assistance to producers and handlers to carry out this section, including entering into cooperative agreements with qualified entities to implement the transition to organic production.CommentsClose CommentsPermalink
`(f) Reporting- Not later than March 1 of each year, the Secretary shall submit to Congress and the National Organic Standards Board a report detailing State-by-State expenditures on certification, including the number of producers and handlers served by the program, and State-by-State expenditures on transition assistance, including the number of producers and handlers served by the program, the practices implemented, an assessment of the impacts of the program on organic production, and recommended reforms, if any.'.CommentsClose CommentsPermalink
SEC. 402A. NATIONAL ORGANIC TECHNICAL COMMITTEE.
(a) Establishment- The Secretary shall establish a National Organic Technical Committee to oversee development and implementation of the Organic Certification and Transition Program and to improve the organic agriculture interface with all other conservation programs and activities administered by the NRCS, including development of criteria for the approval of qualified organic technical advisors.CommentsClose CommentsPermalink
(b) Membership- The membership of the National Organic Technical Committee shall be comprised of--CommentsClose CommentsPermalink
(1) three organic farmers;CommentsClose CommentsPermalink
(2) two organic certifying agents;CommentsClose CommentsPermalink
(3) two organic inspectors;CommentsClose CommentsPermalink
(4) one representative of an environmental organization knowledgeable about organic agriculture; andCommentsClose CommentsPermalink
(5) one scientist with expertise in conservation planning.CommentsClose CommentsPermalink
SEC. 403. ORGANIC AGRICULTURE RESEARCH AND EXTENSION INITIATIVE.
Section 1672B(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 (
`(e) Funding- Of the funds available to the Commodity Credit Corporation, the Secretary shall use $15,000,000 for each of fiscal years 2008 through 2013 to carry out this section.'.CommentsClose CommentsPermalink
SEC. 404. FUNDING FOR EDUCATION GRANTS PROGRAMS FOR HISPANIC-SERVING INSTITUTIONS.
Subsection (c) of section 1455 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (
`(c) Funding- Of the funds available to the Commodity Credit Corporation, the Secretary shall use $25,000,000 for each fiscal year to carry out this section.'.CommentsClose CommentsPermalink
SEC. 405. EXTENSION AND FUNDING INCREASE FOR THE VALUE-ADDED AGRICULTURAL PRODUCT MARKET DEVELOPMENT GRANT PROGRAM.
Section 231(b)(4) of the Agricultural Risk Protection Act of 2000 (
(1) by striking `through October 1, 2006'; andCommentsClose CommentsPermalink
(2) by striking `$40,000,000' and inserting `$60,000,000'.CommentsClose CommentsPermalink
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