[106th Congress Public Law 472]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ472.106]
[[Page 2057]]
GRAIN STANDARDS AND WAREHOUSE IMPROVEMENT ACT OF 2000
[[Page 114 STAT. 2058]]
Public Law 106-472
106th Congress
An Act
To amend the United States Grain Standards Act to extend the authority
of the Secretary of Agriculture to collect fees to cover the cost of
services performed under that Act, extend the authorization of
appropriations for that Act, and improve the administration of that
Act, <<NOTE: Nov. 9, 2000 - [H.R. 4788]>> to reenact the United States
Warehouse Act to require the licensing and inspection of warehouses used
to store agricultural products and provide for the issuance of receipts,
including electronic receipts, for agricultural products stored or
handled in licensed warehouses, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States <<NOTE: Grain Standards and Warehouse Improvement Act of
2000.>> of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) <<NOTE: 7 USC 71 note.>> Short Title.--This Act may be cited as
the ``Grain Standards and Warehouse Improvement Act of 2000''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--GRAIN STANDARDS
Sec. 101. Sampling for export grain.
Sec. 102. Geographic boundaries for official agencies.
Sec. 103. Authorization to collect fees.
Sec. 104. Testing of equipment.
Sec. 105. Limitation on administrative and supervisory costs.
Sec. 106. Licenses and authorizations.
Sec. 107. Grain additives.
Sec. 108. Authorization of appropriations.
Sec. 109. Advisory committee.
Sec. 110. Conforming amendments.
Sec. 111. Special effective date for certain expired provisions.
TITLE II--WAREHOUSES
Sec. 201. Storage of agricultural products in warehouses.
Sec. 202. Regulations.
TITLE III--MISCELLANEOUS
Sec. 301. Energy generation, transmission, and distribution facilities
efficiency grants and loans in rural communities with
extremely high energy costs.
Sec. 302. Carry forward adjustment.
Sec. 303. Fees and penalties for mediation and arbitration of disputes
involving agricultural products moving in foreign commerce
under multinational entities.
Sec. 304. Community facilities grant program for rural communities with
extreme unemployment and severe economic depression.
Sec. 305. Community facilities grant program for rural communities with
high levels of out-migration or loss of population.
Sec. 306. State agricultural mediation programs.
Sec. 307. Adjustments to nutrition programs.
[[Page 114 STAT. 2059]]
Sec. 308. Authorization for Secretary of Agriculture to purchase and
transfer land.
Sec. 309. Extension of time period for filing certain complaints
alleging preparation of false inspection certificates.
Sec. 310. International food relief partnership.
TITLE I--GRAIN STANDARDS
SEC. 101. SAMPLING FOR EXPORT GRAIN.
Section 5(a)(1) of the United States Grain Standards Act (7 U.S.C.
77(a)(1)) is amended by striking ``(on the basis'' and all that follows
through ``from the United States)''.
SEC. 102. GEOGRAPHIC BOUNDARIES FOR OFFICIAL AGENCIES.
(a) Inspection Authority.--Section 7(f ) of the United States Grain
Standards Act (7 U.S.C. 79(f )) is amended by striking paragraph (2) and
inserting the following:
``(2) Geographic boundaries for official agencies.--Not more
than one official agency designated under paragraph (1) or State
delegated authority under subsection (e)(2) to carry out the
inspection provisions of this Act shall be operative at the same
time in any geographic area defined by the Secretary, except
that, if the Secretary determines that the presence of more than
one designated official agency in the same geographic area will
not undermine the policy stated in section 2, the Secretary
may--
``(A) allow more than one designated official agency
to carry out inspections within the same geographical
area as part of a pilot program; and
``(B) allow a designated official agency to cross
boundary lines to carry out inspections in another
geographic area if the Secretary also determines that--
``(i) the current designated official agency
for that geographic area is unable to provide
inspection services in a timely manner;
``(ii) a person requesting inspection services
in that geographic area has not been receiving
official inspection services from the current
designated official agency for that geographic
area; or
``(iii) a person requesting inspection
services in that geographic area requests a probe
inspection on a barge-lot basis.''.
(b) Weighing Authority.--Section 7A(i) of the United States Grain
Standards Act (7 U.S.C. 79a(i)) is amended--
(1) by striking ``(i) No'' and inserting the following:
``(i) Unauthorized Weighing Prohibited.--
``(1) In general.--No'';
(2) by striking the second sentence; and
(3) by adding at the end the following:
``(2) Geographic boundaries for official agencies.--Not more
than one designated official agency referred to in paragraph (1)
or State agency delegated authority pursuant to subsection
(c)(2) to carry out the weighing provisions of this Act shall be
operative at the same time in any geographic area defined by the
Secretary, except that, if the Secretary determines that the
presence of more than one designated official agency in the same
geographic area will not undermine the policy stated in section
2, the Secretary may--
[[Page 114 STAT. 2060]]
``(A) allow more than one designated official agency
to carry out the weighing provisions within the same
geographical area as part of a pilot program; and
``(B) allow a designated official agency to cross
boundary lines to carry out the weighing provisions in
another geographic area if the Secretary also determines
that--
``(i) the current designated official agency
for that geographic area is unable to provide the
weighing services in a timely manner; or
``(ii) a person requesting weighing services
in that geographic area has not been receiving
official weighing services from the current
designated official agency for that geographic
area.''.
SEC. 103. AUTHORIZATION TO COLLECT FEES.
(a) Inspection and Supervisory Fees.--Section 7( j)(4) of the United
States Grain Standards Act (7 U.S.C. 79( j)(4)) is amended in the first
sentence by striking ``2000'' and inserting ``2005''.
(b) Weighing and Supervisory Fees.--Section 7A(l)(3) of the United
States Grain Standards Act (7 U.S.C. 79a(l)(3)) is amended in the first
sentence by striking ``2000'' and inserting ``2005''.
SEC. 104. TESTING OF EQUIPMENT.
Section 7B(a) of the United States Grain Standards Act (7 U.S.C.
79b(a)) is amended in the first sentence by striking ``but at least
annually and''.
SEC. 105. LIMITATION ON ADMINISTRATIVE AND SUPERVISORY COSTS.
Section 7D of the United States Grain Standards Act (7 U.S.C. 79d)
is amended--
(1) by striking ``2000'' and inserting ``2005''; and
(2) by striking ``40 per centum'' and inserting ``30
percent''.
SEC. 106. LICENSES AND AUTHORIZATIONS.
Section 8(a)(3) of the United States Grain Standards Act (7 U.S.C.
84(a)(3)) is amended by inserting ``inspection, weighing,'' after
``laboratory testing,''.
SEC. 107. GRAIN ADDITIVES.
Section 13(e)(1) of the United States Grain Standards Act (7 U.S.C.
87b(e)(1)) is amended by inserting ``, or prohibit disguising the
quality of grain,'' after ``sound and pure grain''.
SEC. 108. AUTHORIZATION OF APPROPRIATIONS.
Section 19 of the United States Grain Standards Act (7 U.S.C. 87h)
is amended by striking ``2000'' and inserting ``2005''.
SEC. 109. ADVISORY COMMITTEE.
Section 21(e) of the United States Grain Standards Act (7 U.S.C.
87j(e)) is amended by striking ``2000'' and inserting ``2005''.
SEC. 110. CONFORMING AMENDMENTS.
(a) Section 8 of the United States Grain Standards Act of 1976 (7
U.S.C. 79 note; Public Law 94-582) is amended--
(1) <<NOTE: 7 USC 79.>> by striking ``(a)''; and
(2) <<NOTE: 7 USC 79 note.>> by striking subsection (b).
[[Page 114 STAT. 2061]]
(b) Sections 23, 24, and 25 of the United States Grain Standards Act
of 1976 (7 U.S.C. 87e-1; 7 U.S.C. 76 note; Public Law 94-582) are
repealed.
(c) Section 27 of the United States Grain Standards Act of 1976 (7
U.S.C. 74 note; Public Law 94-582) is amended by striking ``; and
thereafter'' and all that follows and inserting a period.
SEC. 111. <<NOTE: 7 USC 79 note.>> SPECIAL EFFECTIVE DATE FOR CERTAIN
EXPIRED PROVISIONS.
The amendments made by sections 103, 105, 108, and 109 shall take
effect as if enacted on September 30, 2000.
TITLE II--WAREHOUSES
SEC. 201. STORAGE OF AGRICULTURAL PRODUCTS IN WAREHOUSES.
The United States Warehouse Act (7 U.S.C. 241 et seq.) is amended to
read as follows:
``SECTION 1. <<NOTE: 7 USC 241 note.>> SHORT TITLE.
``This Act may be cited as the `United States Warehouse Act'.
``SEC. 2. <<NOTE: 7 USC 241.>> DEFINITIONS.
``In this Act:
``(1) Agricultural product.--The term `agricultural product'
means an agricultural commodity, as determined by the Secretary,
including a processed product of an agricultural commodity.
``(2) Approval.--The term `approval' means the consent
provided by the Secretary for a person to engage in an activity
authorized by this Act.
``(3) Department.--The term `Department' means the
Department of Agriculture.
``(4) Electronic document.--The term `electronic document'
means a document that is generated, sent, received, or stored by
electronic, optical, or similar means, including electronic data
interchange, electronic mail, telegram, telex, or telecopy.
``(5) Electronic receipt.--The term `electronic receipt'
means a receipt that is authorized by the Secretary to be issued
or transmitted under this Act in the form of an electronic
document.
``(6) Holder.--The term `holder' means a person that has
possession in fact or by operation of law of a receipt or any
electronic document.
``(7) Person.--The term `person' means--
``(A) a person (as defined in section 1 of title 1,
United States Code);
``(B) a State; and
``(C) a political subdivision of a State.
``(8) Receipt.--The term `receipt' means a warehouse receipt
issued in accordance with this Act, including an electronic
receipt.
``(9) Secretary.--The term `Secretary' means the Secretary
of Agriculture.
``(10) Warehouse.--The term `warehouse' means a structure or
other approved storage facility, as determined by the
[[Page 114 STAT. 2062]]
Secretary, in which any agricultural product may be stored or
handled for the purposes of interstate or foreign commerce.
``(11) Warehouse operator.--The term `warehouse operator'
means a person that is lawfully engaged in the business of
storing or handling agricultural products.
``SEC. 3. <<NOTE: 7 USC 242.>> POWERS OF SECRETARY.
``(a) In General.--The Secretary shall have exclusive power,
jurisdiction, and authority, to the extent that this Act applies, with
respect to--
``(1) each warehouse operator licensed under this Act;
``(2) each person that has obtained an approval to engage in
an activity under this Act; and
``(3) each person claiming an interest in an agricultural
product by means of a document or receipt subject to this Act.
``(b) Covered Agricultural Products.--The Secretary shall specify,
after an opportunity for notice and comment, those agricultural products
for which a warehouse license may be issued under this Act.
``(c) Investigations.--The Secretary may investigate the storing,
warehousing, classifying according to grade and otherwise, weighing, and
certifying of agricultural products.
``(d) Inspections.--The Secretary may inspect or cause to be
inspected any person or warehouse licensed under this Act and any
warehouse for which a license is applied for under this Act.
``(e) Suitability for Storage.--The Secretary may determine whether
a licensed warehouse, or a warehouse for which a license is applied for
under this Act, is suitable for the proper storage of the agricultural
product or products stored or proposed for storage in the warehouse.
``(f ) Classification.--The Secretary may classify a licensed
warehouse, or a warehouse for which a license is applied for under this
Act, in accordance with the ownership, location, surroundings, capacity,
conditions, and other qualities of the warehouse and as to the kinds of
licenses issued or that may be issued for the warehouse under this Act.
``(g) Warehouse Operator's Duties.--Subject to the other provisions
of this Act, the Secretary may prescribe the duties of a warehouse
operator operating a warehouse licensed under this Act with respect to
the warehouse operator's care of and responsibility for agricultural
products stored or handled by the warehouse operator.
``(h) Systems for Electronic Conveyance.--
``(1) Regulations governing electronic systems.--Except as
provided in paragraph (2), the Secretary may promulgate
regulations governing one or more electronic systems under which
electronic receipts may be issued and transferred and other
electronic documents relating to the shipment, payment, and
financing of the sale of agricultural products may be issued or
transferred.
``(2) Limitations.--The Secretary shall not have the
authority under this Act to establish--
``(A) one or more central filing systems for the
filing of financing statements or the filing of the
notice of financing statements; or
[[Page 114 STAT. 2063]]
``(B) rules to determine security interests of
persons affected by this Act.
``(i) Examination and Audits.--In addition to the authority provided
under subsection (l), on request of the person, State agency, or
commodity exchange, the Secretary may conduct an examination, audit, or
similar activity with respect to--
``(1) any person that is engaged in the business of storing
an agricultural product that is subject to this Act;
``(2) any State agency that regulates the storage of an
agricultural product by such a person; or
``(3) any commodity exchange with regulatory authority over
the storage of agricultural products that are subject to this
Act.
``( j) Licenses for Operation of Warehouses.--The Secretary may
issue to any warehouse operator a license for the operation of a
warehouse in accordance with this Act if--
``(1) the Secretary determines that the warehouse is
suitable for the proper storage of the agricultural product or
products stored or proposed for storage in the warehouse; and
``(2) the warehouse operator agrees, as a condition of the
license, to comply with this Act (including regulations
promulgated under this Act).
``(k) Licensing of Other Persons.--
``(1) In general.--On presentation of satisfactory proof of
competency to carry out the activities described in this
paragraph, the Secretary may issue to any person a Federal
license--
``(A) to inspect any agricultural product stored or
handled in a warehouse subject to this Act;
``(B) to sample such an agricultural product;
``(C) to classify such an agricultural product
according to condition, grade, or other class and
certify the condition, grade, or other class of the
agricultural product; or
``(D) to weigh such an agricultural product and
certify the weight of the agricultural product.
``(2) Condition.--As a condition of a license issued under
paragraph (1), the licensee shall agree to comply with this Act
(including regulations promulgated under this Act).
``(l) Examination of Books, Records, Papers, and Accounts.--The
Secretary may examine and audit, using designated officers, employees,
or agents of the Department, all books, records, papers, and accounts
relating to activities subject to this Act of--
``(1) a warehouse operator operating a warehouse licensed
under this Act;
``(2) a person operating a system for the electronic
recording and transfer of receipts and other documents
authorized by the Secretary; or
``(3) any other person issuing receipts or electronic
documents authorized by the Secretary under this Act.
``(m) Cooperation With States.--The Secretary may--
``(1) cooperate with officers and employees of a State who
administer or enforce State laws relating to warehouses,
warehouse operators, weighers, graders, inspectors, samplers, or
classifiers; and
``(2) enter into cooperative agreements with States to
perform activities authorized under this Act.
[[Page 114 STAT. 2064]]
``SEC. 4. <<NOTE: 7 USC 243.>> IMPOSITION AND COLLECTION OF FEES.
``(a) In General.--The Secretary shall assess persons covered by
this Act fees to cover the costs of administering this Act.
``(b) Rates.--The fees under this section shall be set at a rate
determined by the Secretary.
``(c) Treatment of Fees.--All fees collected under this section
shall be credited to the account that incurs the costs of administering
this Act and shall be available to the Secretary without further
appropriation and without fiscal year limitation.
``(d) Interest.--Funds collected under this section may be deposited
in an interest-bearing account with a financial institution, and any
interest earned on the account shall be credited under subsection (c).
``(e) Efficiencies and Cost Effectiveness.--
``(1) In general.--The Secretary shall seek to minimize the
fees established under this section by improving efficiencies
and reducing costs, including the efficient use of personnel to
the extent practicable and consistent with the effective
implementation of this Act.
``(2) Report.--The Secretary shall publish an annual report
on the actions taken by the Secretary to comply with paragraph
(1).
``SEC. 5. <<NOTE: 7 USC 244.>> QUALITY AND VALUE STANDARDS.
``If standards for the evaluation or determination of the quality or
value of an agricultural product are not established under another
Federal law, the Secretary may establish standards for the evaluation or
determination of the quality or value of the agricultural product under
this Act.
``SEC. 6. <<NOTE: 7 USC 245.>> BONDING AND OTHER FINANCIAL ASSURANCE
REQUIREMENTS.
``(a) In General.--As a condition of receiving a license or approval
under this Act (including regulations promulgated under this Act), the
person applying for the license or approval shall execute and file with
the Secretary a bond, or provide such other financial assurance as the
Secretary determines appropriate, to secure the person's performance of
the activities so licensed or approved.
``(b) Service of Process.--To qualify as a suitable bond or other
financial assurance under subsection (a), the surety, sureties, or
financial institution shall be subject to service of process in suits on
the bond or other financial assurance in the State, district, or
territory in which the warehouse is located.
``(c) Additional Assurances.--If the Secretary determines that a
previously approved bond or other financial assurance is insufficient,
the Secretary may suspend or revoke the license or approval covered by
the bond or other financial assurance if the person that filed the bond
or other financial assurance does not provide such additional bond or
other financial assurance as the Secretary determines appropriate.
``(d) Third Party Actions.--Any person injured by the breach of any
obligation arising under this Act for which a bond or other financial
assurance has been obtained as required by this section may sue with
respect to the bond or other financial assurance in a district court of
the United States to recover the damages that the person sustained as a
result of the breach.
[[Page 114 STAT. 2065]]
``SEC. 7. <<NOTE: 7 USC 246.>> MAINTENANCE OF RECORDS.
``To facilitate the administration of this Act, the following
persons shall maintain such records and make such reports, as the
Secretary may by regulation require:
``(1) A warehouse operator that is licensed under this Act.
``(2) A person operating a system for the electronic
recording and transfer of receipts and other documents that are
authorized under this Act.
``(3) Any other person engaged in the issuance of electronic
receipts or the transfer of documents under this Act.
``SEC. 8. <<NOTE: 7 USC 247.>> FAIR TREATMENT IN STORAGE OF AGRICULTURAL
PRODUCTS.
``(a) In General.--Subject to the capacity of a warehouse, a
warehouse operator shall deal, in a fair and reasonable manner, with
persons storing, or seeking to store, an agricultural product in the
warehouse if the agricultural product--
``(1) is of the kind, type, and quality customarily stored
or handled in the area in which the warehouse is located;
``(2) is tendered to the warehouse operator in a suitable
condition for warehousing; and
``(3) is tendered in a manner that is consistent with the
ordinary and usual course of business.
``(b) Allocation.--Nothing in this section prohibits a warehouse
operator from entering into an agreement with a depositor of an
agricultural product to allocate available storage space.
``SEC. 9. <<NOTE: 7 USC 248.>> COMMINGLING OF AGRICULTURAL PRODUCTS.
``(a) In General.--A warehouse operator may commingle agricultural
products in a manner approved by the Secretary.
``(b) Liability.--A warehouse operator shall be severally liable to
each depositor or holder for the care and redelivery of the share of the
depositor and holder of the commingled agricultural product to the same
extent and under the same circumstances as if the agricultural products
had been stored separately.
``SEC. 10. <<NOTE: 7 USC 249.>> TRANSFER OF STORED AGRICULTURAL
PRODUCTS.
``(a) In General.--In accordance with regulations promulgated under
this Act, a warehouse operator may transfer a stored agricultural
product from one warehouse to another warehouse for continued storage.
``(b) Continued Duty.--The warehouse operator from which
agricultural products have been transferred under subsection (a) shall
deliver to the rightful owner of such products, on request at the
original warehouse, such products in the quantity and of the kind,
quality, and grade called for by the receipt or other evidence of
storage of the owner.
``SEC. 11. <<NOTE: 7 USC 250.>> WAREHOUSE RECEIPTS.
``(a) In General.--At the request of the depositor of an
agricultural product stored or handled in a warehouse licensed under
this Act, the warehouse operator shall issue a receipt to the depositor
as prescribed by the Secretary.
``(b) Actual Storage Required.--A receipt may not be issued under
this section for an agricultural product unless the agricultural product
is actually stored in the warehouse at the time of the issuance of the
receipt.
``(c) Contents.--Each receipt issued for an agricultural product
stored or handled in a warehouse licensed under this Act shall
[[Page 114 STAT. 2066]]
contain such information, for each agricultural product covered by the
receipt, as the Secretary may require by regulation.
``(d) Prohibition on Additional Receipts or Other Documents.--
``(1) Receipts.--While a receipt issued under this Act is
outstanding and uncanceled by the warehouse operator, an
additional receipt may not be issued for the same agricultural
product (or any portion of the same agricultural product)
represented by the outstanding receipt, except as authorized by
the Secretary.
``(2) Other documents.--If a document is transferred under
this section, no duplicate document in any form may be
transferred by any person with respect to the same agricultural
product represented by the document, except as authorized by the
Secretary.
``(e) Electronic Receipts and Electronic Documents.--Except as
provided in section 3(h)(2), notwithstanding any other provision of
Federal or State law:
``(1) In general.--The Secretary may promulgate regulations
that authorize the issuance, recording, and transfer of
electronic receipts, and the transfer of other electronic
documents, in accordance with this subsection.
``(2) Electronic receipt or electronic document systems.--
Electronic receipts may be issued, recorded, and transferred,
and electronic documents may be transferred, under this
subsection with respect to an agricultural product under, a
system or systems maintained in one or more locations and
approved by the Secretary in accordance with regulations issued
under this Act.
``(3) Treatment of holder.--Any person designated as the
holder of an electronic receipt or other electronic document
issued or transferred under this Act shall, for the purpose of
perfecting the security interest of the person under Federal or
State law and for all other purposes, be considered to be in
possession of the receipt or other electronic document.
``(4) Nondiscrimination.--An electronic receipt issued, or
other electronic document transferred, in accordance with this
Act shall not be denied legal effect, validity, or
enforceability on the ground that the information is generated,
sent, received, or stored by electronic or similar means.
``(5) Security interests.--If more than one security
interest exists in the agricultural product that is the subject
of an electronic receipt or other electronic document under this
Act, the priority of the security interest shall be determined
by the applicable Federal or State law.
``(6) No electronic receipt required.--A person shall not be
required to issue in electronic form a receipt or document with
respect to an agricultural product.
``(7) Option for non-federally licensed warehouse
operators.--Notwithstanding any other provision of this Act, a
warehouse operator not licensed under this Act may, at the
option of the warehouse operator and in accordance with
regulations established by the Secretary, issue electronic
receipts and transfer other electronic documents in accordance
with this Act.
``(8) Application to state-licensed warehouse operators.--
This subsection shall not apply to a warehouse operator
[[Page 114 STAT. 2067]]
that is licensed under State law to store agricultural
commodities in a warehouse in the State if the warehouse
operator elects--
``(A) not to issue electronic receipts authorized
under this subsection; or
``(B) to issue electronic receipts authorized under
State law.
``SEC. 12. <<NOTE: 7 USC 251.>> CONDITIONS FOR DELIVERY OF AGRICULTURAL
PRODUCTS.
``(a) Prompt Delivery.--In the absence of a lawful excuse, a
warehouse operator shall, without unnecessary delay, deliver the
agricultural product stored or handled in the warehouse on a demand made
by--
``(1) the holder of the receipt for the agricultural
product; or
``(2) the person that deposited the product, if no receipt
has been issued.
``(b) Payment To Accompany Demand.--Prior to delivery of the
agricultural product, payment of the accrued charges associated with the
storage of the agricultural product, including satisfaction of the
warehouseman's lien, shall be made if requested by the warehouse
operator.
``(c) Surrender of Receipt.--When the holder of a receipt requests
delivery of an agricultural product covered by the receipt, the holder
shall surrender the receipt to the warehouse operator, in the manner
prescribed by the Secretary, to obtain the agricultural product.
``(d) Cancellation of Receipt.--A warehouse operator shall cancel
each receipt returned to the warehouse operator upon the delivery of the
agricultural product for which the receipt was issued.
``SEC. 13. <<NOTE: 7 USC 252.>> SUSPENSION OR REVOCATION OF LICENSES.
``(a) In General.--After providing notice and an opportunity for a
hearing in accordance with this section, the Secretary may suspend or
revoke any license issued, or approval for an activity provided, under
this Act--
``(1) for a material violation of, or failure to comply,
with any provision of this Act (including regulations
promulgated under this Act); or
``(2) on the ground that unreasonable or exorbitant charges
have been imposed for services rendered.
``(b) Temporary Suspension.--The Secretary may temporarily suspend a
license or approval for an activity under this Act prior to an
opportunity for a hearing for any violation of, or failure to comply
with, any provision of this Act (including regulations promulgated under
this Act).
``(c) Authority To Conduct Hearings.--The agency within the
Department that is responsible for administering regulations promulgated
under this Act shall have exclusive authority to conduct any hearing
required under this section.
``(d) Judicial Review.--
``(1) Jurisdiction.--A final administrative determination
issued subsequent to a hearing may be reviewable only in a
district court of the United States.
``(2) Procedure.--The review shall be conducted in
accordance with the standards set forth in section 706(2) of
title 5, United States Code.
[[Page 114 STAT. 2068]]
``SEC. 14. <<NOTE: 7 USC 253.>> PUBLIC INFORMATION.
``(a) In General.--The Secretary may release to the public the
names, addresses, and locations of all persons--
``(1) that have been licensed under this Act or that have
been approved to engage in an activity under this Act; and
``(2) with respect to which a license or approval has been
suspended or revoked under section 13, the results of any
investigation made or hearing conducted under this Act,
including the reasons for the suspension or revocation.
``(b) Confidentiality.--Except as otherwise provided by law, an
officer, employee, or agent of the Department shall not divulge
confidential business information obtained during a warehouse
examination or other function performed as part of the duties of the
officer, employee, or agent under this Act.
``SEC. 15. <<NOTE: 7 USC 254.>> PENALTIES FOR NONCOMPLIANCE.
``If a person fails to comply with any requirement of this Act
(including regulations promulgated under this Act), the Secretary may
assess, on the record after an opportunity for a hearing, a civil
penalty--
``(1) of not more than $25,000 per violation, if an
agricultural product is not involved in the violation; or
``(2) of not more than 100 percent of the value of the
agricultural product, if an agricultural product is involved in
the violation.
``SEC. 16. <<NOTE: 7 USC 255.>> JURISDICTION AND ARBITRATION.
``(a) Federal Jurisdiction.--A district court of the United States
shall have exclusive jurisdiction over any action brought under this Act
without regard to the amount in controversy or the citizenship of the
parties.
``(b) Arbitration.--Nothing in this Act prevents the enforceability
of an agreement to arbitrate that would otherwise be enforceable under
chapter 1 of title 9, United States Code.
``SEC. 17. <<NOTE: 7 USC 256.>> AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated such sums as are necessary
to carry out this Act.''.
SEC. 202. <<NOTE: 7 USC 241 note.>> REGULATIONS.
(a) Proposed Regulations.--Not <<NOTE: Deadline. Federal Register,
publication.>> later than 90 days after the date of the enactment of
this Act, the Secretary of Agriculture shall publish in the Federal
Register proposed regulations for carrying out the amendment made by
section 201.
(b) Final Regulations.--Not <<NOTE: Deadline.>> later than 180 days
after the date of the enactment of this Act, the Secretary shall
promulgate final regulations for carrying out the amendment made by
section 201.
(c) Effectiveness of Existing Act.--The United States Warehouse Act
(7 U.S.C. 241 et seq.) (as it existed before the amendment made by
section 201) shall be effective until the earlier of--
(1) the date on which final regulations are promulgated
under subsection (b); or
(2) August 1, 2001.
[[Page 114 STAT. 2069]]
TITLE III--MISCELLANEOUS
SEC. 301. ENERGY GENERATION, TRANSMISSION, AND DISTRIBUTION FACILITIES
EFFICIENCY GRANTS AND LOANS IN RURAL COMMUNITIES WITH
EXTREMELY HIGH ENERGY COSTS.
Title I of the Rural Electrification Act of 1936 (7 U.S.C. 901 et
seq.) is amended by adding at the end the following:
``SEC. 19. <<NOTE: 7 USC 918a.>> ENERGY GENERATION, TRANSMISSION, AND
DISTRIBUTION FACILITIES EFFICIENCY GRANTS AND LOANS IN RURAL
COMMUNITIES WITH EXTREMELY HIGH ENERGY COSTS.
``(a) In General.--The Secretary, acting through the Rural Utilities
Service, may--
``(1) in coordination with State rural development
initiatives, make grants and loans to persons, States, political
subdivisions of States, and other entities organized under the
laws of States to acquire, construct, extend, upgrade, and
otherwise improve energy generation, transmission, or
distribution facilities serving communities in which the average
residential expenditure for home energy is at least 275 percent
of the national average residential expenditure for home energy
(as determined by the Energy Information Agency using the most
recent data available);
``(2) make grants and loans to the Denali Commission
established by the Denali Commission Act of 1998 (42 U.S.C. 3121
note; Public Law 105-277) to acquire, construct, extend,
upgrade, and otherwise improve energy generation, transmission,
or distribution facilities serving communities described in
paragraph (1); and
``(3) make grants to State entities, in existence as of the
date of the enactment of this section, to establish and support
a revolving fund to provide a more cost-effective means of
purchasing fuel where the fuel cannot be shipped by means of
surface transportation.
``(b) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out this section $50,000,000 for fiscal year 2001 and
such sums as are necessary for each subsequent fiscal year.
``(2) Limitation on planning and administrative expenses.--
Not more than 4 percent of the amounts made available under
paragraph (1) may be used for planning and administrative
expenses.''.
SEC. 302. <<NOTE: 7 USC 1314e note.>> CARRY FORWARD ADJUSTMENT.
The amendments made by section 204(b)(10)(A) of the Agricultural
Risk Protection Act of 2000 shall apply beginning with undermarketings
of the 2001 crop of burley tobacco and with marketings of the 2002 crop
of burley tobacco.
SEC. 303. FEES AND PENALTIES FOR MEDIATION AND ARBITRATION OF DISPUTES
INVOLVING AGRICULTURAL PRODUCTS MOVING IN FOREIGN COMMERCE
UNDER MULTINATIONAL ENTITIES.
Section 203(e) of the Agricultural Marketing Act of 1946 (7 U.S.C.
1622(e)) is amended--
(1) by striking ``(e) To'' and inserting the following:
``(e) Development of New Markets.--
[[Page 114 STAT. 2070]]
``(1) In general.--To''; and
(2) by adding at the end the following:
``(2) Fees and penalties.--
``(A) In general.--In carrying out paragraph (1),
the Secretary may assess and collect reasonable fees and
late payment penalties to mediate and arbitrate disputes
arising between parties in connection with transactions
involving agricultural products moving in foreign
commerce under the jurisdiction of a multinational
entity.
``(B) Deposit.--Fees and penalties collected under
subparagraph (A) shall be deposited into the account
that incurred the cost of providing the mediation or
arbitration service.
``(C) Availability.--Fees and penalties collected
under subparagraph (A) shall be available to the
Secretary without further Act of appropriation and shall
remain available until expended to pay the expenses of
the Secretary for providing mediation and arbitration
services under this paragraph.
``(D) No requirement for use of services.--No person
shall be required by the Secretary to use the mediation
and arbitration services provided under this
paragraph.''.
SEC. 304. COMMUNITY FACILITIES GRANT PROGRAM FOR RURAL COMMUNITIES WITH
EXTREME UNEMPLOYMENT AND SEVERE ECONOMIC DEPRESSION.
(a) In General.--Section 306(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926(a)) is amended by adding at the end the
following:
``(20) Community facilities grant program for rural
communities with extreme unemployment and severe economic
depression.--
``(A) Definition of not employed rate.--In this
paragraph, the term `not employed rate', with respect to
a community, means the percentage of individuals over
the age of 18 who reside within the community and who
are ready, willing, and able to be employed but are
unable to find employment, as determined by the
department of labor of the State in which the community
is located.
``(B) Grant authority.--The Secretary may make
grants to associations, units of general local
government, nonprofit corporations, and Indian tribes
(as defined in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450b)) in a State to provide the Federal share of the
cost of developing specific essential community
facilities in rural communities with respect to which
the not employed rate is greater than the lesser of--
``(i) 500 percent of the average national
unemployment rate on the date of the enactment of
this paragraph, as determined by the Bureau of
Labor Statistics; or
``(ii) 200 percent of the average national
unemployment rate during the Great Depression, as
determined by the Bureau of Labor Statistics.
``(C) Federal share.--Paragraph (19)(B) shall apply
to a grant made under this paragraph.
[[Page 114 STAT. 2071]]
``(D) Authorization of appropriations.--There are
authorized to be appropriated to carry out this
paragraph $50,000,000 for fiscal year 2001 and such sums
as are necessary for each subsequent fiscal year, of
which not more than 5 percent of the amount made
available for a fiscal year shall be available for
community planning and implementation.''.
(b) Conforming Amendment.--Section 381E(d)(1)(B) of the Consolidated
Farm and Rural Development Act (7 U.S.C. 2009d(d)(1)(B)) is amended by
striking ``section 306(a)(19)'' and inserting ``paragraph (19) or (20)
of section 306(a)''.
SEC. 305. COMMUNITY FACILITIES GRANT PROGRAM FOR RURAL COMMUNITIES WITH
HIGH LEVELS OF OUT-MIGRATION OR LOSS OF POPULATION.
(a) In General.--Section 306(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926(a)) (as amended by section 304(a)) is
amended by adding at the end the following:
``(21) Community facilities grant program for rural
communities with high levels of out-migration or loss of
population.--
``(A) Grant authority.--The Secretary may make
grants to associations, units of general local
government, nonprofit corporations, and Indian tribes
(as defined in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450b)) in a State to provide the Federal share of the
cost of developing specific essential community
facilities in any geographic area--
``(i) that is represented by--
``(I) any political subdivision of a
State;
``(II) an Indian tribe on a Federal
or State reservation; or
``(III) other federally recognized
Indian tribal group;
``(ii) that is located in a rural area (as
defined in section 381A);
``(iii) with respect to which, during the most
recent 5-year period, the net out-migration of
inhabitants, or other population loss, from the
area equals or exceeds 5 percent of the population
of the area; and
``(iv) that has a median household income that
is less than the nonmetropolitan median household
income of the United States.
``(B) Federal share.--Paragraph (19)(B) shall apply
to a grant made under this paragraph.
``(C) Authorization of appropriations.--There are
authorized to be appropriated to carry out this
paragraph $50,000,000 for fiscal year 2001 and such sums
as are necessary for each subsequent fiscal year, of
which not more than 5 percent of the amount made
available for a fiscal year shall be available for
community planning and implementation.''.
(b) Conforming Amendment.--Section 381E(d)(1)(B) of the Consolidated
Farm and Rural Development Act (7 U.S.C. 2009d(d)(1)(B)) (as amended by
section 304(b)) is amended by striking ``paragraph (19) or (20)'' and
inserting ``paragraph (19), (20), or (21)''.
[[Page 114 STAT. 2072]]
SEC. 306. STATE AGRICULTURAL MEDIATION PROGRAMS.
(a) Eligible Person; Mediation Services.--Section 501 of the
Agricultural Credit Act of 1987 (7 U.S.C. 5101) is amended--
(1) in subsection (c), by striking paragraphs (1) and (2)
and inserting the following:
``(1) Issues covered.--
``(A) In general.--To be certified as a qualifying
State, the mediation program of the State must provide
mediation services to persons described in paragraph (2)
that are involved in agricultural loans (regardless of
whether the loans are made or guaranteed by the
Secretary or made by a third party).
``(B) Other issues.--The mediation program of a
qualifying State may provide mediation services to
persons described in paragraph (2) that are involved in
one or more of the following issues under the
jurisdiction of the Department of Agriculture:
``(i) Wetlands determinations.
``(ii) Compliance with farm programs,
including conservation programs.
``(iii) Agricultural credit.
``(iv) Rural water loan programs.
``(v) Grazing on National Forest System land.
``(vi) Pesticides.
``(vii) Such other issues as the Secretary
considers appropriate.
``(2) Persons eligible for mediation.--
``(A) In general.--Subject to subparagraph (B), the
persons referred to in paragraph (1) include--
``(i) agricultural producers;
``(ii) creditors of producers (as applicable);
and
``(iii) persons directly affected by actions
of the Department of Agriculture.
``(B) Voluntary participation.--
``(i) In general.--Subject to clause (ii) and
section 503, a person may not be compelled to
participate in mediation services provided under
this Act.
``(ii) State laws.--Clause (i) shall not
affect a State law requiring mediation before
foreclosure on agricultural land or property.'';
and
(2) by adding at the end the following:
``(d) Definition of Mediation Services.--In this section, the term
`mediation services', with respect to mediation or a request for
mediation, may include all activities related to--
``(1) the intake and scheduling of cases;
``(2) the provision of background and selected information
regarding the mediation process;
``(3) financial advisory and counseling services (as
appropriate) performed by a person other than a State mediation
program mediator; and
``(4) the mediation session.''.
(b) Use of Mediation Grants.--Section 502(c) of the Agricultural
Credit Act of 1987 (7 U.S.C. 5102(c)) is amended--
(1) by striking ``Each'' and inserting the following:
``(1) In general.--Each''; and
(2) by adding at the end the following:
[[Page 114 STAT. 2073]]
``(2) Operation and administration expenses.--For purposes
of paragraph (1), operation and administration expenses for
which a grant may be used include--
``(A) salaries;
``(B) reasonable fees and costs of mediators;
``(C) office rent and expenses, such as utilities
and equipment rental;
``(D) office supplies;
``(E) administrative costs, such as workers'
compensation, liability insurance, the employer's share
of Social Security, and necessary travel;
``(F) education and training;
``(G) security systems necessary to ensure the
confidentiality of mediation sessions and records of
mediation sessions;
``(H) costs associated with publicity and promotion
of the mediation program;
``(I) preparation of the parties for mediation; and
``(J) financial advisory and counseling services for
parties requesting mediation.''.
(c) Authorization of Appropriations.--Section 506 of the
Agricultural Credit Act of 1987 (7 U.S.C. 5106) is amended by striking
``2000'' and inserting ``2005''.
SEC. 307. ADJUSTMENTS TO NUTRITION PROGRAMS.
(a) Payment of Costs Associated With Removal of Commodities That
Pose a Health or Safety Risk.--Section 15(e) of the Commodity
Distribution Reform Act and WIC Amendments of 1987 (7 U.S.C. 612c note;
Public Law 100-237) is amended by striking ``2000'' and inserting
``2003''.
(b) Special Supplemental Nutrition Program for Women, Infants, and
Children.--
(1) Cost-of-living allowances for members of uniformed
services.--Section 17(d)(2)(B)(ii) of the Child Nutrition Act of
1966 (42 U.S.C. 1786(d)(2)(B)(ii)) is amended by striking
``continental'' and inserting ``contiguous States of the''.
(2) Demonstration project.--Effective October 1, 2000,
section 17(r)(1) of the Child Nutrition Act of 1966 (42 U.S.C.
1786(r)(1)) is amended by striking ``at least 20 local
agencies'' and inserting ``not more than 20 local agencies''.
(c) Child and Adult Care Food Program.--
(1) Technical amendments.--Section 17 of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1766) is amended--
(A) by striking the section heading and all that
follows through ``Sec. 17.'' and inserting the
following:
``SEC. 17. CHILD AND ADULT CARE FOOD PROGRAM.'';
and
(B) in subsection (a)(6)(C)(ii), by striking ``and''
at the end.
(2) Exceptions to hearing requirements.--Section 17(d)(5)(D)
of the Richard B. Russell National School Lunch Act (42 U.S.C.
1766(d)(5)(D)) is amended--
(A) by striking ``(D) Hearing.--An institution'' and
inserting the following:
``(D) Hearing.--
[[Page 114 STAT. 2074]]
``(i) In general.--Except as provided in
clause (ii), an institution''; and
(B) by adding at the end the following:
``(ii) Exception for false or fraudulent
claims.--
``(I) In general.--If a State agency
determines that an institution has
knowingly submitted a false or
fraudulent claim for reimbursement, the
State agency may suspend the
participation of the institution in the
program in accordance with this clause.
``(II) Requirement for review.--
Prior to any determination to suspend
participation of an institution under
subclause (I), the State agency shall
provide for an independent review of the
proposed suspension in accordance with
subclause (III).
``(III) Review procedure.--The
review shall--
``(aa) be conducted by an
independent and impartial
official other than, and not
accountable to, any person
involved in the determination to
suspend the institution;
``(bb) provide the State
agency and the institution the
right to submit written
documentation relating to the
suspension, including State
agency documentation of the
alleged false or fraudulent
claim for reimbursement and the
response of the institution to
the documentation;
``(cc) require the reviewing
official to determine, based on
the review, whether the State
agency has established, based on
a preponderance of the evidence,
that the institution has
knowingly submitted a false or
fraudulent claim for
reimbursement;
``(dd) require
the <<NOTE: Deadline.>> suspensio
n to be in effect for not more
than 120 calendar days after the
institution has received
notification of a determination
of suspension in accordance with
this clause; and
``(ee) require the State
agency during the suspension to
ensure that payments continue to
be made to sponsored centers and
family and group day care homes
meeting the requirements of the
program.
``(IV) Hearing.--A State agency
shall provide an institution that has
been suspended from participation in the
program under this clause an opportunity
for a fair hearing on the suspension
conducted in accordance with subsection
(e)(1).''.
(3) Statewide demonstration projects involving private for-
profit organizations providing nonresidential day care
services.--Section 17(p)(3)(C) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1766(p)(3)(C)) is amended--
(A) in clause (iii), by striking ``all families''
and inserting ``all low-income families''; and
[[Page 114 STAT. 2075]]
(B) in clause (iv), by striking ``made'' and
inserting ``reported for fiscal year 1998''.
SEC. 308. AUTHORIZATION FOR SECRETARY OF AGRICULTURE TO PURCHASE AND
TRANSFER LAND.
Subject to the availability of funds appropriated to the
Agricultural Research Service, the Secretary of Agriculture may--
(1) purchase a tract of land in the State of South Carolina
that is contiguous to land owned on the date of the enactment of
this Act by the Department of Agriculture, acting through the
Coastal Plains Soil, Water, and Plant Research Center of the
Agricultural Research Service; and
(2) transfer land owned by the Department of Agriculture to
the Florence Darlington Technical College, South Carolina, in
exchange for land owned by the College.
SEC. 309. EXTENSION OF TIME PERIOD FOR FILING CERTAIN COMPLAINTS
ALLEGING PREPARATION OF FALSE INSPECTION CERTIFICATES.
Notwithstanding section 6(a)(1) of the Perishable Agricultural
Commodities Act, 1930 (7 U.S.C. 499f(a)(1)), a person that desires to
file a complaint under section 6 of that Act involving the allegation of
a false inspection certificate prepared by a grader of the Department of
Agriculture at Hunts Point Terminal Market, Bronx, New York, prior to
October 27, 1999, may file the complaint not later than January 1, 2001.
SEC. 310. INTERNATIONAL FOOD RELIEF PARTNERSHIP.
(a) Assistance for Stockpiling and Rapid Transportation, Delivery,
and Distribution of Shelf-Stable Prepackaged Foods.--Title II of the
Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1721
et seq.) is amended by adding at the end the following:
``SEC. 208. <<NOTE: 7 USC 1726b.>> ASSISTANCE FOR STOCKPILING AND RAPID
TRANSPORTATION, DELIVERY, AND DISTRIBUTION OF SHELF-STABLE
PREPACKAGED FOODS.
``(a) In General.--The Administrator may provide grants to--
``(1) United States nonprofit organizations (described in
section 501(c)(3) of the Internal Revenue Code of 1986 and
exempt from tax under section 501(a) of the Internal Revenue
Code of 1986) for the preparation of shelf-stable prepackaged
foods requested by eligible organizations and the establishment
and maintenance of stockpiles of the foods in the United States;
and
``(2) private voluntary organizations and international
organizations for the rapid transportation, delivery, and
distribution of shelf-stable prepackaged foods described in
paragraph (1) to needy individuals in foreign countries.
``(b) Grants for Establishment of Stockpiles.--
``(1) In general.--Not more than 70 percent of the amount
made available to carry out this section shall be used to
provide grants under subsection (a)(1).
``(2) Priority.--In providing grants under subsection
(a)(1), the Administrator shall provide a preference to a United
States nonprofit organization that agrees to provide--
[[Page 114 STAT. 2076]]
``(A) non-Federal funds in an amount equal to 50
percent of the amount of funds received under a grant
under subsection (a)(1);
``(B) an in-kind contribution in an amount equal to
that percentage; or
``(C) a combination of such funds and an in-kind
contribution,
for the preparation of shelf-stable prepackaged foods and the
establishment and maintenance of stockpiles of the foods in the
United States in accordance with subsection (a)(1).
``(c) Grants for Rapid Transportation, Delivery, and Distribution.--
Not less than 20 percent of the amount made available to carry out this
section shall be used to provide grants under subsection (a)(2).
``(d) Administration.--Not more than 10 percent of the amount made
available to carry out this section may be used by the Administrator for
the administration of grants under subsection (a).
``(e) Regulations or Guidelines.--Not <<NOTE: Deadline.>> later than
180 days after the date of the enactment of this section, the
Administrator, in consultation with the Secretary, shall issue such
regulations or guidelines as the Administrator determines to be
necessary to carry out this section, including regulations or guidelines
that provide to United States nonprofit organizations eligible to
receive grants under subsection (a)(1) guidance with respect to the
requirements for qualified shelf-stable prepackaged foods and the
quantity of the foods to be stockpiled by the organizations.
``(f ) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator to carry out this section, in addition
to amounts otherwise available to carry out this section, $3,000,000 for
each of fiscal years 2001 and 2002, to remain available until
expended.''.
(b) Prepositioning of Commodities.--Section 407(c) of the
Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C.
1736a(c)) is amended by adding at the end the following:
``(4) Prepositioning.--Funds made available for fiscal years
2001 and 2002 to carry out titles II and III may be used by the
Administrator to procure, transport, and store agricultural
commodities for prepositioning within the United States and in
foreign countries, except that for each such fiscal year not
more than $2,000,000 of such funds may be used to store
agricultural commodities for prepositioning in foreign
countries.''.
SEC. 311. COTTON FUTURES.
Subsection (d)(2) of the United States Cotton Futures Act (7 U.S.C.
15b(d)(2)) is amended by adding at the end the following: ``A person
complying with the preceding sentence shall not be liable for any loss
or damage arising or resulting from such compliance.''.
SEC. 312. IMPROVED INVESTIGATIVE AND ENFORCEMENT ACTIVITIES UNDER THE
PACKERS AND STOCKYARDS ACT, 1921.
(a) <<NOTE: 7 USC 181 note. Deadline.>> Implementation of General
Accounting Office Recommendations.--Not later than 1 year after the date
of the enactment of this Act, the Secretary of Agriculture shall
implement the recommendations contained in the report issued by the
General Accounting Office entitled ``Packers and Stockyards Programs:
[[Page 114 STAT. 2077]]
Actions Needed to Improve Investigations of Competitive Practices'',
GAO/RCED-00-242, dated September 21, 2000.
(b) <<NOTE: 7 USC 181 note.>> Consultation.--During the
implementation period referred to in subsection (a), and for such an
additional time period as needed to assure effective implementation of
the recommendations contained in the report referred to in such
subsection, the Secretary of Agriculture shall consult and work with the
Department of Justice and the Federal Trade Commission in order to--
(1) implement the recommendations in the report regarding
investigation management, operations, and case methods
development processes; and
(2) effectively identify and investigate complaints of
unfair and anti-competitive practices in violation of the
Packers and Stockyards Act, 1921 (7 U.S.C. 181 et seq.), and
enforce the Act.
(c) Training.--Not <<NOTE: Deadline. 7 USC 181 note.>> later than 1
year after the date of the enactment of this Act, the Secretary of
Agriculture shall develop and implement a training program for staff of
the Department of Agriculture engaged in the investigation of complaints
of unfair and anti-competitive activity in violation of the Packers and
Stockyards Act, 1921. In developing the training program, the Secretary
of Agriculture shall draw on existing training materials and programs
available at the Department of Justice and the Federal Trade Commission,
to the extent practicable.
(d) Implementation Report.--Not <<NOTE: Deadline. 7 USC 181
note.>> later than 1 year after the date of the enactment of this Act,
the Secretary of Agriculture shall submit to Congress a report
describing the actions taken to comply with this section.
(e) Annual Assessment of Cattle and Hog Industries.--Title IV of the
Packers and Stockyards Act, 1921, is amended--
(1) by redesignating section 415 (7 U.S.C. 229) as section
416; and
(2) by inserting after section 414 the following:
``SEC. 415. <<NOTE: 7 USC 228d.>> ANNUAL ASSESSMENT OF CATTLE AND HOG
INDUSTRIES.
``Not later than <<NOTE: Deadline.>> March 1 of each year, the
Secretary shall submit to Congress and make publicly available a report
that--
``(1) assesses the general economic state of the cattle and
hog industries;
``(2) describes changing business practices in those
industries; and
``(3) identifies market operations or activities in those
industries that appear to raise concerns under this Act.''.
SEC. 313. REHABILITATION OF WATER RESOURCE STRUCTURAL MEASURES
CONSTRUCTED UNDER CERTAIN DEPARTMENT OF AGRICULTURE
PROGRAMS.
The Watershed Protection and Flood Prevention Act (16 U.S.C. 1001 et
seq.) is amended by adding at the end the following new section:
``SEC. 14. <<NOTE: 16 USC 1012.>> REHABILITATION OF STRUCTURAL MEASURES
NEAR, AT, OR PAST THEIR EVALUATED LIFE EXPECTANCY.
``(a) Definitions.--For purposes of this section:
``(1) Rehabilitation.--The term `rehabilitation', with
respect to a structural measure constructed as part of a covered
water resource project, means the completion of all work
necessary to extend the service life of the structural measure
[[Page 114 STAT. 2078]]
and meet applicable safety and performance standards. This may
include: (A) protecting the integrity of the structural measure
or prolonging the useful life of the structural measure beyond
the original evaluated life expectancy; (B) correcting damage to
the structural measure from a catastrophic event; (C) correcting
the deterioration of structural components that are
deteriorating at an abnormal rate; (D) upgrading the structural
measure to meet changed land use conditions in the watershed
served by the structural measure or changed safety criteria
applicable to the structural measure; or (E) decommissioning the
structure, if requested by the local organization.
``(2) Covered water resource project.--The term `covered
water resource project' means a work of improvement carried out
under any of the following:
``(A) This Act.
``(B) Section 13 of the Act of December 22, 1944
(Public Law 78-534; 58 Stat. 905).
``(C) The pilot watershed program authorized under
the heading `Flood Prevention' of the Department of
Agriculture Appropriation Act, 1954 (Public Law 156; 67
Stat. 214).
``(D) Subtitle H of title XV of the Agriculture and
Food Act of 1981 (16 U.S.C. 3451 et seq.; commonly known
as the Resource Conservation and Development Program).
``(3) Structural measure.--The term `structural measure'
means a physical improvement that impounds water, commonly known
as a dam, which was constructed as part of a covered water
resource project, including the impoundment area and flood pool.
``(b) Cost Share Assistance for Rehabilitation.--
``(1) Assistance authorized.--The Secretary may provide
financial assistance to a local organization to cover a portion
of the total costs incurred for the rehabilitation of structural
measures originally constructed as part of a covered water
resource project. The total costs of rehabilitation include the
costs associated with all components of the rehabilitation
project, including acquisition of land, easements, and rights-
of-ways, rehabilitation project administration, the provision of
technical assistance, contracting, and construction costs,
except that the local organization shall be responsible for
securing all land, easements, or rights-of-ways necessary for
the project.
``(2) Amount of assistance; limitations.--The amount of
Federal funds that may be made available under this subsection
to a local organization for construction of a particular
rehabilitation project shall be equal to 65 percent of the total
rehabilitation costs, but not to exceed 100 percent of actual
construction costs incurred in the rehabilitation. However, the
local organization shall be responsible for the costs of water,
mineral, and other resource rights and all Federal, State, and
local permits.
``(3) Relation to land use and development regulations.--As
a condition on entering into an agreement to provide financial
assistance under this subsection, the Secretary, working in
concert with the affected unit or units of general purpose local
government, may require that proper zoning or other
developmental regulations are in place in the watershed
[[Page 114 STAT. 2079]]
in which the structural measures to be rehabilitated under the
agreement are located so that--
``(A) the completed rehabilitation project is not
quickly rendered inadequate by additional development;
and
``(B) society can realize the full benefits of the
rehabilitation investment.
``(c) Technical Assistance for Watershed Project Rehabilitation.--
The Secretary, acting through the Natural Resources Conservation
Service, may provide technical assistance in planning, designing, and
implementing rehabilitation projects should a local organization request
such assistance. Such assistance may consist of specialists in such
fields as engineering, geology, soils, agronomy, biology, hydraulics,
hydrology, economics, water quality, and contract administration.
``(d) Prohibited Use.--
``(1) Performance of operation and maintenance.--
Rehabilitation assistance provided under this section may not be
used to perform operation and maintenance activities specified
in the agreement for the covered water resource project entered
into between the Secretary and the local organization
responsible for the works of improvement. Such operation and
maintenance activities shall remain the responsibility of the
local organization, as provided in the project work plan.
``(2) Renegotiation.--Notwithstanding paragraph (1), as part
of the provision of financial assistance under subsection (b),
the Secretary may renegotiate the original agreement for the
covered water resource project entered into between the
Secretary and the local organization regarding responsibility
for the operation and maintenance of the project when the
rehabilitation is finished.
``(e) Application for Rehabilitation Assistance.--A local
organization may apply to the Secretary for technical and financial
assistance under this section if the application has also been submitted
to and approved by the State agency having supervisory responsibility
over the covered water resource project at issue or, if there is no
State agency having such responsibility, by the Governor of the State.
The Secretary shall request the State dam safety officer (or equivalent
State official) to be involved in the application process if State
permits or approvals are required. The rehabilitation of structural
measures shall meet standards established by the Secretary and address
other dam safety issues. At the request of the local organization,
personnel of the Natural Resources Conservation Service of the
Department of Agriculture may assist in preparing applications for
assistance.
``(f ) Ranking of Requests for Rehabilitation Assistance.--The
Secretary shall establish such system of approving rehabilitation
requests, recognizing that such requests will be received throughout the
fiscal year and subject to the availability of funds to carry out this
section, as is necessary for proper administration by the Department of
Agriculture and equitable for all local organizations. The approval
process shall be in writing, and made known to all local organizations
and appropriate State agencies.
``(g) Prohibition on Certain Rehabilitation Assistance.--The
Secretary may not approve a rehabilitation request if the need for
rehabilitation of the structure is the result of a lack of adequate
maintenance by the party responsible for the maintenance.
[[Page 114 STAT. 2080]]
``(h) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to provide financial and technical
assistance under this section--
``(1) $5,000,000 for fiscal year 2001;
``(2) $10,000,000 for fiscal year 2002;
``(3) $15,000,000 for fiscal year 2003;
``(4) $25,000,000 for fiscal year 2004; and
``(5) $35,000,000 for fiscal year 2005.
``(i) Assessment of Rehabilitation Needs.--The Secretary, in concert
with the responsible State agencies, shall conduct an assessment of the
rehabilitation needs of covered water resource projects in all States in
which such projects are located.
``( j) Recordkeeping and Reports.--
``(1) Secretary.--The Secretary shall maintain a data base
to track the benefits derived from rehabilitation projects
supported under this section and the expenditures made under
this section. On the basis of such data and the reports
submitted under paragraph (2), the Secretary shall prepare and
submit to Congress an annual report providing the status of
activities conducted under this section.
``(2) Grant recipients.--Not <<NOTE: Deadline.>> later than
90 days after the completion of a specific rehabilitation
project for which assistance is provided under this section, the
local organization that received the assistance shall make a
report to the Secretary giving the status of any rehabilitation
effort undertaken using financial assistance provided under this
section.''.
SEC. 314. RELEASE OF REVERSIONARY INTEREST AND CONVEYANCE OF MINERAL
RIGHTS IN FORMER FEDERAL LAND IN SUMTER COUNTY, SOUTH
CAROLINA.
(a) Findings.--Congress finds the following:
(1) The hiking trail known as the Palmetto Trail traverses
the Manchester State Forest in Sumter County, South Carolina,
which is owned by the South Carolina State Commission of
Forestry on behalf of the State of South Carolina.
(2) The Commission seeks to widen the Palmetto Trail by
acquiring a corridor of land along the northeastern border of
the trail from the Anne Marie Carton Boardman Trust in exchange
for a tract of former Federal land now owned by the Commission.
(3) At the time of the conveyance of the former Federal land
to the Commission in 1955, the United States retained a
reversionary interest in the land, which now prevents the land
exchange from being completed.
(b) Release of Reversionary Interest.--
(1) Release required.--In the case of the tract of land
identified as Tract 3 on the map numbered 161-DI and further
described in paragraph (2), the Secretary of Agriculture shall
release the reversionary interest of the United States in the
land that--
(A) requires that the land be used for public
purposes; and
(B) is contained in the deed conveying the land from
the United States to the South Carolina State Commission
of Forestry, dated June 28, 1955, and recorded in Deed
Drawer No. 6 of the Clerk of Court for Sumter County,
South Carolina.
[[Page 114 STAT. 2081]]
(2) Map of tract 3.--Tract 3 is generally depicted on the
map numbered 161-DI, entitled ``Boundary Survey for South
Carolina Forestry Commission'', dated August 1998, and filed,
together with a legal description of the tract, with the South
Carolina State Commission of Forestry.
(3) Consideration.--As consideration for the release of the
revisionary interest under paragraph (1), the State of South
Carolina shall transfer to the United States a vested future
interest, similar to the restriction described in paragraph
(1)(A), in the tract of land identified as Parcel G on the map
numbered 225-HI, entitled ``South Carolina Forestry Commission
Boardman Land Exchange'', dated June 9, 1999, and filed,
together with a legal description of the tract, with the South
Carolina State Commission of Forestry.
(c) Exchange of Mineral Rights.--
(1) Exchange required.--Subject to any valid existing rights
of third parties, the Secretary of the Interior shall convey to
the South Carolina State Commission of Forestry on behalf of the
State of South Carolina all of the undivided mineral rights of
the United States in the Tract 3 identified in subsection (b)(1)
in exchange for mineral rights of equal value held by the State
of South Carolina in the Parcel G identified in subsection
(b)(3) as well as in Parcels E and F owned by the State and also
depicted on the map referred to in subsection (b)(3).
(2) Determination of mineral character.--Not later than 90
days after the date of the enactment of this Act, the Secretary
of the Interior shall determine--
(A) the mineral character of Tract 3 and Parcels E,
F, and G; and
(B) the fair market value of the mineral interests.
SEC. 315. TECHNICAL CORRECTION REGARDING RESTORATION OF ELIGIBILITY FOR
CROP LOSS ASSISTANCE.
Section 259 of the Agricultural Risk Protection Act of 2000 (Public
Law 106-224; 114 Stat. 426; 7 U.S.C. 1421 note) is amended by adding at
the end the following:
``(c) Commodity Credit Corporation.--The Secretary shall use the
funds, facilities, and authorities of the Commodity Credit Corporation
to carry out this section.''.
SEC. 316. PORK CHECKOFF REFERENDUM.
Notwithstanding section 1620(c)(3)(B)(iv) of the Pork Promotion,
Research, and Consumer Information Act of 1985 (7 U.S.C.
4809(c)(3)(B)(iv)), the Secretary shall use funds of the Commodity
Credit Corporation to pay for all expenses associated with the
[[Page 114 STAT. 2082]]
pork checkoff referendum ordered by the Secretary on February 25, 2000.
Approved November 9, 2000.
LEGISLATIVE HISTORY--H.R. 4788 (S. 3001):
---------------------------------------------------------------------------
SENATE REPORTS: No. 106-391 accompanying S. 3001 (Comm. on Agriculture,
Nutrition, and Forestry).
CONGRESSIONAL RECORD, Vol. 146 (2000):
Oct. 10, considered and passed House.
Oct. 12, considered and passed Senate, amended.
Oct. 17, House concurred in Senate amendment with an
amendment.
Oct. 24, Senate concurred in House amendment.
<all>