H.R.1600 - EAT Healthy America Act110th Congress (2007-2008)
Bill
Hide Overview| Sponsor: | Rep. Cardoza, Dennis A. [D-CA-18] (Introduced 03/20/2007) |
|---|---|
| Committees: | House - Agriculture; Ways and Means; Education and Labor; Energy and Commerce; Financial Services |
| Latest Action: | House - 06/27/2007 Referred to the Subcommittee on Healthy Families and Communities. (All Actions) |
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Text: H.R.1600 — 110th Congress (2007-2008)All Information (Except Text)
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Introduced in House (03/20/2007)
[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 1600 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 1600
To continue and expand upon previous congressional efforts to ensure an
abundant and affordable supply of fruits, vegetables, tree nuts, and
other specialty crops for American consumers and international markets,
to enhance the competitiveness of United States-grown specialty crops,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 20, 2007
Mr. Cardoza (for himself, Mr. Putnam, Mr. Salazar, Mr. Larsen of
Washington, Mr. McCarthy of California, Mr. Kuhl of New York, Mr. Hall
of New York, Mr. Walsh of New York, Mr. Higgins, Mr. Farr, Mr. Mahoney
of Florida, Mr. Hoekstra, Mr. Allen, Ms. Kilpatrick, Ms. Slaughter, Mr.
Filner, Mr. Cummings, Mr. Welch of Vermont, Mr. Carnahan, Mr.
Blumenauer, Mr. McDermott, Mr. Hastings of Washington, Mr. McNerney,
Mr. Nunes, Mr. Rush, Mrs. Tauscher, Mr. Radanovich, Mrs. McMorris
Rodgers, Ms. Woolsey, Ms. Hooley, Mr. McHugh, Mr. Costa, Mr. Brown of
South Carolina, Mr. Daniel E. Lungren of California, Mr. Perlmutter,
Mr. Shuler, Ms. Loretta Sanchez of California, Ms. Matsui, Mr. Cuellar,
Mrs. Capps, Ms. Kaptur, Mr. Wu, Mrs. Bono, Mr. McIntyre, Mr. Bartlett
of Maryland, Mr. Boyd of Florida, Mrs. Drake, Ms. Zoe Lofgren of
California, Mr. Issa, Mr. Mario Diaz-Balart of Florida, Mr. Walden of
Oregon, Mr. Gilchrest, Mr. Delahunt, Mr. Arcuri, Mr. Reynolds, Mr.
Thompson of California, Mr. Hinchey, Mr. Courtney, Mr. Simpson, Mr.
Platts, Ms. Ros-Lehtinen, Mr. Shays, Ms. Hirono, Mr. Barrow, and Mr.
Calvert) introduced the following bill; which was referred to the
Committee on Agriculture, and in addition to the Committees on Ways and
Means, Education and Labor, Energy and Commerce, and Financial
Services, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To continue and expand upon previous congressional efforts to ensure an
abundant and affordable supply of fruits, vegetables, tree nuts, and
other specialty crops for American consumers and international markets,
to enhance the competitiveness of United States-grown specialty crops,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Equitable
Agriculture Today for a Healthy America Act'' or the ``EAT Healthy
America Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.
TITLE I--COMMODITY-RELATED PROVISIONS
Sec. 101. Flexible payment limitations for disaster payments to reflect
variations in cost of production and crop
value.
Sec. 102. Adjusted gross income limitations on receipt of disaster
assistance by first handlers of specialty
crops.
Sec. 103. Equitable treatment of specialty crop producers in
distribution of disaster assistance.
Sec. 104. Tree assistance program.
TITLE II--CONSERVATION
Sec. 201. Findings regarding Conservation Security Program.
Sec. 202. Conservation reserve program.
Sec. 203. Wetlands reserve program.
Sec. 204. Funding for Farmland Protection Program.
Sec. 205. Grassland reserve program.
Sec. 206. Wildlife habitat incentive program.
Sec. 207. Environmental quality incentives program.
Sec. 208. Cooperative conservation partnership initiative.
Sec. 209. Regional equity in funding of certain Department of
Agriculture conservation programs.
Sec. 210. Integrated pest management initiative.
Sec. 211. Technical assistance under Department of Agriculture
conservation programs.
Sec. 212. Conservation loan guarantee program.
Sec. 213. Emergency Conservation Program.
Sec. 214. Exclusion of payments under Department of Agriculture
conservation programs from adjusted gross
income limitation.
Sec. 215. Encouragement of voluntary sustainability practices
guidelines.
Sec. 216. Assistance to address long-term climate change.
TITLE III--TRADE
Sec. 301. Technical assistance for specialty crops.
Sec. 302. Coordination of trade objectives between key agencies.
Sec. 303. Market access program.
Sec. 304. Grant program for market analysis related to anti-dumping and
countervailing duty cases involving
specialty crops.
Sec. 305. Sense of Congress regarding certain antitrust laws applicable
to agriculture.
TITLE IV--INVASIVE PESTS AND DISEASES
Sec. 401. Threat identification and mitigation program.
Sec. 402. Emergency control, prevention, and eradication programs.
Sec. 403. Agricultural quarantine inspection activities at ports of
entry.
Sec. 404. Animal and Plant Health Inspection Service Export Division.
Sec. 405. Consultations on sanitary and phytosanitary restrictions for
fruits and vegetables.
Sec. 406. Multi-species fruit fly research and sterile fly production.
Sec. 407. Audit-based approach to specialty crop phytosanitary
regulation.
Sec. 408. Early pest detection and surveillance improvement program.
TITLE V--NUTRITION
Sec. 501. Findings.
Sec. 502. Expansion of Fresh Fruit and Vegetable Program.
Sec. 503. Fruit and vegetable nutrition promotion program.
Sec. 504. Use of ``Dietary Guidelines for Americans'' in special
nutrition programs and school lunch
programs.
Sec. 505. Section 32 specialty crop purchases.
Sec. 506. School preference study.
Sec. 507. Independent evaluation of Department of Agriculture commodity
purchase process.
Sec. 508. Amendments to the Food Stamp Program.
Sec. 509. Sense of the Congress regarding nutritional supplements.
Sec. 510. Food stamp fruit and vegetable EBT pilot project.
Sec. 511. Decennial evaluations of WIC food packages.
Sec. 512. Extension of WIC farmers' market nutrition program.
Sec. 513. Senior farmers' market nutrition program.
TITLE VI--AGRICULTURAL RESEARCH
Sec. 601. Specialty Crops Economic and Policy Research Institute.
Sec. 602. Development of specialty crop priority for the National
Research Initiative.
Sec. 603. Establishment of specialty crop research grants program for
producers to improve efficiency and
competitiveness.
Sec. 604. National Clean Plant Network.
Sec. 605. Prioritizing current Federal research activities for
specialty crops.
TITLE VII--RENEWABLE ENERGY
Sec. 701. Inventory of specialty crop biomass waste as part of annual
assessment of renewable energy resources.
Sec. 702. Department of Agriculture bioenergy program.
Sec. 703. Grants for development of specialty crop bioenergy projects.
TITLE VIII--MISCELLANEOUS PROVISIONS
Sec. 801. Specialty crop block grants.
Sec. 802. Federal Insecticide, Fungicide, and Rodenticide Act; requests
by State agencies for exemptions.
Sec. 803. Protection of intellectual property rights in plants and
plant-derived material.
Sec. 804. Grant program to improve transportation infrastructure to
reduce cost of transportation of specialty
crops.
Sec. 805. Additional funds for Agricultural Marketing Service specialty
crop market news activities.
Sec. 806. Value-added grants to promote creation, expansion, or
operation of value-added processing of
specialty crops.
Sec. 807. Eligibility of laborers admitted for temporary residence for
Rural Housing Service farm labor housing.
Sec. 808. Food safety initiatives.
Sec. 809. Implementation of food safety programs under marketing
orders.
Sec. 810. Census of specialty crops; dissemination of information.
Sec. 811. Office of pesticide programs.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) Specialty crop production in the United States accounts
for $50.8 billion in farmgate value, and, according to the
Economic Research Service of the Department of Agriculture,
specialty crops account for more than 45 percent of the
farmgate value of all crops produced in the United States.
(2) Specialty crop producers deserve a competitive and
sustainable environment for specialty crop production, and the
Specialty Crops Competitiveness Act of 2004 (Public Law 108-
465; 7 U.S.C. 1621 note) represented an initial attempt to
ensure the long-term competitiveness and sustainability of
United States specialty crop production.
(3) Additional Federal investment in the competitiveness
and sustainability of the United States specialty crop industry
will produce a strong return on investment for all of America,
not just producers.
(4) By expanding the market for and availability of safe,
wholesome, healthy, and affordable fruits, vegetables, tree
nuts, and other specialty crops, Congress can assist Americans
in achieving the goal of doubling their fruit and vegetable
consumption, as called for in the Department of Agriculture and
Department of Health and Human Services 2005 Dietary
Guidelines.
(5) Federal investment in the United States specialty crop
industry is required to create a fair and level playing field
with international competitors that do not have to comply with
the regulatory requirements imposed on United States producers
in the areas of environmental regulation, labor, food safety,
and other area.
(6) Without appropriate and adequate assistance United
States specialty crop production may relocate to less
restrictive foreign growing areas.
(7) Consumers in United States export markets are
increasingly demanding high-value specialty food products as
their disposable income rises, and a thriving and competitive
United States specialty crop industry will support strong
growth in export markets and improve the United States balance
of trade.
(8) In order to realize the goal of increasing agricultural
exports, it is critical that Federal policy and resources
support efforts to remove the many existing international trade
barriers that continue to hamper United States specialty crop
exports.
(9) The competitiveness of United States specialty crop
producers also depends on maintaining the current restrictions
in section 1106 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 7916) that prohibits the planting of fruits
and vegetables and other specialty crops on acres for which a
producer receives direct payments or counter-cyclical payments,
including not allowing any temporary loss in program benefits
as a remedy for one year or other short-term shifts to
specialty crops.
(b) Purposes.--It is the purpose of this Act to build upon the
success of the Specialty Crops Competitiveness Act of 2004 (Public Law
108-465; 7 U.S.C. 1621 note) by making additional changes in Federal
agriculture policy to accomplish the goals of increasing fruit,
vegetable, and tree nut consumption and improving the competitiveness
of United States specialty crop producers.
SEC. 3. DEFINITIONS.
In this Act:
(1) The term ``Secretary'' means the Secretary of
Agriculture.
(2) The term ``specialty crop'' means fruits and
vegetables, tree nuts, dried fruits, nursery crops,
floriculture, and horticulture.
(3) The term ``State'' means the several States, the
District of Columbia, and the Commonwealth of Puerto Rico.
TITLE I--COMMODITY-RELATED PROVISIONS
SEC. 101. FLEXIBLE PAYMENT LIMITATIONS FOR DISASTER PAYMENTS TO REFLECT
VARIATIONS IN COST OF PRODUCTION AND CROP VALUE.
(a) Flexible Payment Limitations.--In lieu of using a single,
specific dollar amount limitation on the total amount of disaster
assistance that a producer of specialty crops may receive under any
provision of law, the Secretary of Agriculture shall develop and use a
series of payment limitations that reflect cost-of-production and crop
value variations.
(b) Use of Farm Service Agency Data.--To develop the payment
variations range required by subsection (a), the Secretary of
Agriculture may use the most relevant data maintained by the Department
of Agriculture and federally funded institutions, such as land grant
colleges and universities, in the State or region where the disaster
occurred regarding cost of production and crop value for various
agricultural enterprises.
(c) Applicability.--The flexible payment limitations required by
subsection (a) shall apply on a permanent basis with respect to any
natural disaster occurring after the date of the enactment of this Act
for which disaster assistance is provided by the Secretary of
Agriculture under any provision of law to producers of specialty crops.
SEC. 102. ADJUSTED GROSS INCOME LIMITATIONS ON RECEIPT OF DISASTER
ASSISTANCE BY FIRST HANDLERS OF SPECIALTY CROPS.
(a) Change to Application of Limitations.--For purposes of applying
the adjusted gross income limitations on the receipt of disaster
assistance to a first handler of specialty crops, the Secretary of
Agriculture shall treat income derived by the first handler from the
initial preparation of the specialty crops for marketing and the
marketing of the specialty crops as income derived from a farming
operation.
(b) First Handler Defined.--In this section, the term ``first
handler'' means a person who--
(1) receives or otherwise acquires specialty crops from a
producer and prepares for marketing or markets the specialty
crops; or
(2) prepares for marketing and markets specialty crops
produced by the person.
SEC. 103. EQUITABLE TREATMENT OF SPECIALTY CROP PRODUCERS IN
DISTRIBUTION OF DISASTER ASSISTANCE.
In providing disaster assistance to producers suffering losses due
to natural disasters, the Secretary of Agriculture shall seek to ensure
that--
(1) producers of specialty crops receive assistance through
programs that are designed to meet the specific needs of such
producers and reflect the production practices of such
producers; and
(2) eligibility for assistance and the provision of
assistance is not be tied to traditional programs of the
Department of Agriculture, such as direct payments under
section 1103 or 1303 of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 7913, 7953) or crop insurance.
SEC. 104. TREE ASSISTANCE PROGRAM.
(a) Inclusion of Nursery Tree Growers.--
(1) Eligibility.--Section 10201 of the Farm Security and
Rural Investment Act of 2003 (7 U.S.C. 8201) is amended--
(A) by redesignating paragraphs (3) and (4) as
paragraphs (4) and (5), respectively; and
(B) by inserting after paragraph (2) the following
new paragraph:
``(3) Nursery tree grower.--The term `nursery tree grower'
means a person who produces nursery, ornamental, fruit, nut, or
Christmas trees for commercial sale.''.
(2) Conforming amendments.--Subtitle C of title X of such
Act is amended--
(A) in section 10202 (7 U.S.C. 8202)--
(i) in subsection (a), by inserting ``and
nursery tree growers'' after ``eligible
orchardists''; and
(ii) in subsection (b), by inserting ``or
nursery tree grower'' after ``eligible
orchardist''; and
(B) in section 10203 (7 U.S.C. 8203), by inserting
``and nursery tree growers'' after ``eligible
orchardists''.
(b) Increase in Authorized Amount of Assistance.--Section 10204(a)
of such Act is amended by striking ``$75,000'' and inserting ``$150,000
per year''.
(c) Funding.--Section 10205 of such Act is amended by adding at the
end the following new sentence: ``In addition to amounts appropriated
to carry out this section, the Secretary shall use $75,000,000 of funds
of the Commodity Credit Corporation to carry out this subtitle during
fiscal years 2008 through 2012.''.
(d) Applicability.--The amendments made by this section shall apply
with respect to any natural disaster occurring after the date of the
enactment of this Act for which assistance is provided by the Secretary
of Agriculture under the tree assistance program.
TITLE II--CONSERVATION
SEC. 201. FINDINGS REGARDING CONSERVATION SECURITY PROGRAM.
Congress makes the following findings:
(1) Specialty crop producers and other agricultural
producers in the United States require a significant new
investment in voluntary conservation incentives programs in
order to ensure that producers are rewarded when they take
steps to produce cleaner air, cleaner water, important wildlife
habitat, and other environmental benefits for the public.
(2) The expansion and improvement of the conservation
programs authorized and amended by title II of the Farm
Security and Rural Investment Act of 2002 (Public Law 107-171)
should include the expansion of the Conservation Security
Program under subchapter A of chapter 2 of subtitle D of title
XII of the Food Security Act of 1985 (16 U.S.C. 3838 et seq.)
so that producers have an opportunity to enroll in a program
that is more equitable and predictable than the current system,
under which only a few watersheds are eligible each fiscal
year.
(3) The Conservation Security Program holds tremendous
promise as a program that can help producers effectively
address priority resources of concern, but the program must be
improved and better implemented in order to fulfill that
promise.
(4) States must have the authority, with appropriate
national guidance, to select priority ``resources of concern,''
as currently defined by the Natural Resources Conservation
Service, for specific areas within the State, and program
payments should focus more on rewarding management intensity
and the degree to which a producer addresses resources of
concern.
(5) In order to ensure that the Conservation Security
Program is an effective tool in helping producers improve
environmental quality, there must be a better balance between
rewarding a producer's existing level of resource stewardship
and creating strong incentives for producers to implement
additional practices and measures to improve environmental
performance.
(6) In general, the Conservation Security Program should do
a better job of helping producers enhance habitat for wildlife,
particularly rare, threatened, endangered and candidate
species.
(7) When the Conservation Security Program is used to
address wildlife, it should be implemented to further the goals
and objectives of the State comprehensive wildlife strategy.
(8) It is critical that the Conservation Security Program
provide adequate technical assistance to producers who need
help applying to the program and implementing their contracts.
SEC. 202. CONSERVATION RESERVE PROGRAM.
(a) Extension of Program.--Section 1231 of the Food Security Act of
1985 (16 U.S.C. 3831) is amended--
(1) in subsection (a), by striking ``2007'' and inserting
``2012'';
(2) in subsection (d)(1), by striking ``2007'' and
inserting ``2012'';
(3) in subsection (e)(3), by striking ``2002'' and
inserting ``2008''; and
(4) in subsection (h)(1), by striking ``2007'' and
inserting ``2012''.
(b) Eligible Land.--Section 1231(b) of such Act (16 U.S.C. 3831(b))
is amended--
(1) by striking the period at the end of paragraph (1) and
inserting a semicolon;
(2) in paragraph (4), by striking ``or'' at the end of
subparagraph (C);
(3) by striking the period at the end of paragraph (5) and
inserting ``; or''; and
(4) by adding at the end the following new paragraph:
``(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--
``(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; or
``(B) will contribute to the restoration of a
critically endangered ecosystem or endangered
ecosystem, as defined by the Secretary.''.
(c) Use of General Signup Process.--Section 1231(d) of such Act (16
U.S.C. 3831(d)) is amended by adding at the end the following new
sentence: ``To the maximum extent practicable, the Secretary shall
ensure that not more than 85 percent of the acres maintained in the
conservation reserve at any 1 time during the 2008 through 2012
calendar years are acres that were enrolled through general signup
under section 1234(c)(2)(A).''.
(d) Duties of Participants.--Section 1232(a) of such Act (16 U.S.C.
3832(a)) is amended--
(1) in paragraph (4)--
(A) by redesignating subparagraphs (A) and (B) as
subparagraphs (B) and (C), respectively; and
(B) by inserting before subparagraph (B), as so
redesignated, the following new subparagraph:
``(A) approved vegetative cover shall not include
vegetative cover inappropriate to the locale;'';
(2) by redesignating paragraphs (5) through (10) as
paragraphs (6) through (11); respectively;
(3) by inserting after paragraph (4) the following new
paragraph:
``(5) to undertake appropriate management activities on the
land, including any necessary haying and grazing activities, as
needed throughout the term of the contract to achieve the
purposes of the conservation reserve program;''; and
(4) in subparagraph (A)(i)(II) of paragraph (8), as
redesignated by paragraph (2), by inserting after ``may be
conducted'' the following: ``, taking into account grassland
types and species, location, weather conditions, threats posed
by invasive species in the locale, and other factors that
determine to what extent harvesting and grazing activities will
advance the conservation purposes of the program''.
(e) Conservation Plan.--Section 1232(b)(1)(A) of such Act (16
U.S.C. 3832(b)(1)(A)) is amended by inserting before the semicolon at
the end the following: ``, including appropriate management activities
required by subsection (a)(5)''.
(f) Cost-Share and Management Assistance.--Section 1234(b) of such
Act (16 U.S.C. 3834(b)) is amended--
(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 measures and practices that
will benefit a federally or State listed threatened or
endangered species required under a contract entered into under
this subchapter''; and
(2) by adding at the end the following new paragraph:
``(6) Management costs.--The Secretary shall pay 75 percent
of the cost of management activities, including control of
invasive species, required under a contract entered into under
this subchapter.''.
(g) Wildlife Criteria.--Section 1234(c)(3)(B) of such Act (16
U.S.C. 3834(c)(3)(B)) is amended by inserting before the period the
following: ``, taking into consideration the recommendations of States
concerning species or ecosystems that are State priorities for recovery
or restoration''.
(h) Rare and Declining Habitat.--Section 1234(c) of such Act (16
U.S.C. 3834(c)) is amended by adding at the end the following new
paragraph:
``(5) Rare and declining habitat.--The Secretary may
approve a request by a State to establish continuous enrollment
categories for rare and declining habitat in specific areas of
the State to benefit specific State or federally listed
threatened or endangered species.''.
(i) Rental Payment Limitations.--Section 1234(f) of such Act (16
U.S.C. 3834(f)) is amended--
(1) in paragraph (1), by inserting before the period at the
end the following: ``, except that the Secretary may waive this
payment limitation for persons participating in a conservation
reserve enhancement program or cooperative conservation project
if the Secretary determines such a waiver is necessary to
achieve the objectives of the conservation reserve enhancement
program or project''; and
(2) in paragraph (4), by adding at the end the following
new subparagraph:
``(C) Irrigated land.--In determining the amount of
annual rental payments for owners and operators seeking
to enroll irrigated land in a conservation reserve
enhancement program, the Secretary shall consider the
average rental rate for irrigated land in the area.''.
SEC. 203. WETLANDS RESERVE PROGRAM.
(a) Maximum Enrollment.--Section 1237(b)(1) of the Food Security
Act of 1985 (16 U.S.C. 3837(b)(1)) is amended--
(1) by striking ``2,275,000 acres'' and inserting
``5,000,000 acres''; and
(2) by striking ``250,000 acres'' and inserting ``320,000
acres''.
(b) Riparian Areas.--Section 1237(d) of such Act (16 U.S.C.
3837(d)) is amended by striking paragraph (3) and inserting the
following new paragraph:
``(3) riparian areas.''.
(c) Wetland Easement Conservation Plan.--Section 1237A(b)(3) of
such Act (16 U.S.C. 3837a(b)(3)) is amended by inserting before the
semicolon at the end the following: ``, including activities necessary
to maintain hydrologic, habitat, and other functional values''.
(d) Cost-Share and Management Assistance.--Section 1237C of such
Act (16 U.S.C. 3837c) is amended--
(1) in subsection (a)(1), by inserting ``including
necessary hydrologic and habitat maintenance activities,''
after ``values,''; and
(2) in subsection (b), by adding at the end the following
new paragraph:
``(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 hydrologic, habitat, and other functional values of wetland
enrolled in the wetlands reserve program.''.
(e) Easement Priority and State Allocation.--Section 1237C of such
Act (16 U.S.C. 3837c) is amended--
(1) in subsection (d), by striking ``wildlife.'' and
inserting ``wildlife, particularly rare, threatened,
endangered, or candidate species for furthering the goals and
objectives of the State comprehensive wildlife conservation
strategy, or improving water quality.''; and
(2) by adding at the end the following new subsection:
``(e) Allocation to States.--In making allocations to States to
carry out this subchapter, the Secretary shall consider to what degree
each State gives priority--
``(1) to protecting and restoring habitat for migratory
birds and other wildlife, particularly rare species, including
threatened, endangered, and candidate species;
``(2) to furthering the goals and objectives of the State
comprehensive wildlife conservation strategy; and
``(3) to improving water quality.''.
(f) Conforming Amendment.--Section 1237(c) of such Act (16 U.S.C.
3837(c)) is amended by striking ``2007'' and inserting ``2012''.
SEC. 204. FUNDING FOR FARMLAND PROTECTION PROGRAM.
Paragraph (4) of subsection (a) of section 1241 of the Food
Security Act of 1985 (16 U.S.C. 3841) is amended to read as follows:
``(4) The farmland protection program under subchapter B of
chapter 2, using $300,000,000 in each of fiscal years 2008
through 2012.''.
SEC. 205. GRASSLAND RESERVE PROGRAM.
(a) Extension and Funding.--Paragraph (5) of section 1241(a) of the
Food Security Act of 1985 (16 U.S.C. 3841(a)) is amended to read as
follows:
``(5) The grassland reserve program under subchapter C of
chapter 2.''.
(b) Annual Enrollment Levels and Priority for Long-Term
Contracts.--Subsection (b) of section 1238N of such Act (16 U.S.C.
3838n) is amended--
(1) by striking paragraph (1) and inserting the following
new paragraph:
``(1) Annual enrollment levels.--To the maximum extent
practicable, the Secretary shall enroll in the grassland
reserve program--
``(A) 1,000,000 acres in calendar year 2008;
``(B) 1,500,000 acres in calendar year 2009;
``(C) 2,000,000 acres in calendar year 2010;
``(D) 2,500,000 acres in calendar year 2011; and
``(E) 3,000,000 acres in calendar year 2012 and
each calendar year thereafter.''; and
(2) by striking paragraph (3) and inserting the following
new paragraph:
``(3) Priority for long-term agreements and easements.--Of
the total number of acres enrolled in the program at any one
time through the methods described in paragraph (2)(A), the
Secretary shall ensure that at least 60 percent of the acres
were enrolled through the use of 30-year rental agreements and
permanent and long-term easements described in clause (ii) of
such paragraph.''.
(c) Enrollment of Conservation Reserve Program Land.--Section 1238N
of such Act (16 U.S.C. 3838n) is amended by adding at the end the
following new subsection:
``(d) Enrollment of Conservation Reserve Program Land.--
``(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.
``(2) Maximum enrollment.--The number of acres of
conservation reserve program land enrolled under this
subsection in a calendar year shall not exceed 10 percent of
the total number of acres enrolled in the grassland reserve
program in that calendar year.
``(3) Prohibition on duplication of payments.--Land
enrolled in the program under this subsection shall no longer
be eligible for payments under the conservation reserve
program.''.
(d) Biodiversity and Allocations.--Section 1238O of such Act (16
U.S.C. 3838o) is amended--
(1) redesignating subsection (d) as subsection (f); and
(2) by inserting after subsection (c) the following new
subsections:
``(d) 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.
``(e) Allocations.--In making allocations to States to carry out
this subchapter, the Secretary shall consider--
``(1) to what extent the State evaluates and ranks
applications for easements and agreements consistent with the
requirements of subsection (c);
``(2) the total number of acres of grassland in the State
that are under threat of conversion to other uses, including
conversion to more intensive agricultural use as well as
conversion to nonagricultural use;
``(3) the total number of acres of grassland in the State
that provide important habitat for federally listed threatened
or endangered species and other wildlife species of concern;
``(4) to what extent the State implements the program to
ensure that, to the maximum extent practicable, the program
results in the conservation of large tracts of contiguous
grasslands; and
``(5) to what extent the State prioritizes enrollment of
grasslands that are adjacent to other land under permanent
protection, such as State or Federal land or land covered by a
conservation easement.''.
(e) Use of Private Organizations or State Agencies.--Section 1238Q
of such Act (16 U.S.C. 3838q) is amended--
(1) by striking subsection (a) and inserting the following
new subsection:
``(a) Authority To Use Private Organizations or States.--The
Secretary may permit a private conservation or land trust organization
(referred to in this section as a `private organization') or a State
agency to own, write, and enforce an easement under this subchapter, in
lieu of the Secretary, subject to the right of the Secretary to conduct
periodic inspections and enforce the easement, if--
``(1) the Secretary determines that granting the permission
will promote protection of grassland, land that contains forbs,
and shrubland;
``(2) the owner authorizes the private organization or
State agency to hold and enforce the easement; and
``(3) the private organization or State agency agrees to
assume the costs incurred in administering and enforcing the
easement, including the costs of restoration or rehabilitation
of the land as specified by the owner and the private
organization or State agency.'';
(2) in subsection (b), by striking ``hold'' and inserting
``own, write,'';
(3) in subsection (c), by striking ``hold'' and inserting
``own, write,''; and
(4) by striking subsection (d) and inserting the following
new subsections:
``(d) Prohibitions on Limitations.--Notwithstanding any provision
of State law to the contrary, a conservation easement held by the
United States, held by a private organization under this section, or
held by its successors or assigns under this section shall not be
limited in duration or scope or be defeasible by--
``(1) the conservation easement being in gross or
appurtenant;
``(2) the management of the conservation easement having
been delegated or assigned to a non-Federal entity; or
``(3) any requirement under State law for re-recordation or
renewal of the easement.
``(e) Rule of Construction.--Notwithstanding any provision of State
law to the contrary, a conservation easement shall be construed to
effectuate the Federal purposes for which the conservation easement was
acquired and, in interpreting the terms of the conservation easement,
there shall be no presumption favoring the conservation easement holder
or fee owner.
``(f) Reassignment.--
``(1) Reassignment required.--If a private organization
holding an easement on land under this subchapter terminates,
the owner of the land subject to the easement shall reassign,
not later than 30 days after termination of the private
organization, the easement--
``(A) to another private organization approved by
the Secretary; or
``(B) to the Secretary.
``(2) Notification of secretary.--If an easement is
reassigned to another private organization under paragraph (1),
the owner and the new organization shall notify the Secretary
in writing, not later than 60 days after the date of
reassignment, that the reassignment has been made. If the
notification is not provided, the easement shall revert to the
control of the Secretary.''.
(f) Special Grasslands Reserve Enhancement Program.--Subchapter C
of chapter 2 of subtitle D of title XII of the Food Security Act of
1985 is amended by inserting after section 1238Q (16 U.S.C. 3838q) the
following new section:
``SEC. 1238R. GRASSLANDS RESERVE ENHANCEMENT PROGRAM.
``The Secretary may enter into such agreements for payments to
States, including political subdivisions and agencies of States, that
the Secretary determines will advance the purposes of the grassland
reserve program. Section 1305(d) of the Agricultural Reconciliation Act
of 1987 (Public Law 100-203; 7 U.S.C. 1308 note) does not apply to
payments received by a State or political subdivision or agency thereof
in connection with such an agreement.''.
SEC. 206. WILDLIFE HABITAT INCENTIVE PROGRAM.
(a) Extension and Funding.--Section 1241(a)(7) of the Food Security
Act of 1985 (16 U.S.C. 3841(a)(7)) is amended by striking subparagraphs
(A) through (D) and inserting the following new subparagraphs:
``(A) $100,000,000 in fiscal year 2008;
``(B) $140,000,000 in fiscal year 2009;
``(C) $200,000,000 in each of fiscal years 2010 and
2011; and
``(D) $300,000,000 in fiscal year 2012.''.
(b) Long-Term Agreements and Contracts.--Subsection (b)(2) of
section 1240N of such Act (16 U.S.C. 3839bb-1) is amended--
(1) in subparagraph (A), by striking ``in addition to
amounts provided under paragraph (1)'' and inserting ``in an
amount up to 100 percent of the actual cost of any practice
required by the agreement or contract''; and
(2) in subparagraph (B), by striking ``not more than 15
percent'' and inserting ``25 percent''.
(c) Incentive Payments and Program Priorities.--Section 1240N of
such Act (16 U.S.C. 3839bb-1) is amended by adding at the end the
following new subsections:
``(d) Incentive Payments for Agreements Benefitting Listed
Species.--In a case in which the Secretary enters into an agreement or
contract to protect and restore habitat for a federally or State-listed
endangered, threatened, or candidate species, the Secretary may provide
incentive payments to landowners to protect and restore the habitat,
including the cost of management activities needed during the term of
the agreement or contract.
``(e) Priorities.--In carrying out this section, the Secretary
shall give priority to agreements and contracts that--
``(1) protect and restore habitat for rare, threatened,
endangered, and candidate species; or
``(2) further the goals and objectives of the State
comprehensive wildlife conservation strategy.
``(f) Allocations.--In making allocations to States to carry out
this chapter, the Secretary shall consider to what degree each State--
``(1) gives priority to the protection and restoration of
habitat for rare, threatened, endangered, and candidate species
and for furtherance of the State comprehensive wildlife
conservation strategy under subsection (e); and
``(2) complies with the wildlife action plan for the State
under subsection (f).
``(g) Cooperative Agreements.--To the maximum extent practicable,
the Secretary shall enter into cooperative agreements with State
wildlife and natural resources agencies to implement this section,
including delivery of technical assistance.''.
SEC. 207. ENVIRONMENTAL QUALITY INCENTIVES PROGRAM.
(a) Extension.--
(1) Funding extension and increase.--Section 1241(a) of the
Food Security Act of 1985 (16 U.S.C. 3841(a)) is amended by
striking paragraph (6) and inserting the following new
paragraph:
``(6) The environmental quality incentives program under
chapter 4, using, to the maximum extent practicable--
``(A) $1,400,000,000 in fiscal year 2008;
``(B) $1,600,000,000 in fiscal year 2009;
``(C) $1,800,000,000 in each of fiscal years 2010
and 2011; and
``(D) $2,000,000,000 in fiscal year 2012.''.
(2) Conforming amendments.--Chapter 4 of subtitle D of
title XII of such Act is amended--
(A) in section 1240B(a)(1) (16 U.S.C. 3839aa-
2(a)(1)), by striking ``2007'' and inserting ``2012'';
and
(B) in subsection 1240G (16 U.S.C. 3839aa-7), by
striking ``2007'' and inserting ``2012''.
(b) Demonstration of Structural and Land Management Practices.--
(1) Eligibility.--Section 1240B(a)(2) of the Food Security
Act of 1985 (16 U.S.C. 3839aa-(a)(2)) is amended--
(A) by striking ``and'' at the end of subparagraph
(A);
(B) by striking the period at the end of
subparagraph (B) and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(C) a producer that demonstrates a structural or
land management practice, including project monitoring,
measurement, outreach, or education shall be eligible
to receive cost-share or incentive payments.''.
(2) Conforming amendments.--(A) Section 1240(3) of such Act
(16 U.S.C. 3839aa(3)) is amended by striking ``and maintain''
and inserting ``, maintain, and demonstrate''.
(B) Section 1240F(1) of such Act (16 U.S.C. 3839aa-6(1)) is
amended by striking ``and implementing'' and inserting ``,
implementing, or demonstrating''.
(c) Predator Deterrence.--Section 1240B(a) of the Food Security Act
of 1985 (16 U.S.C. 3839aa-(a)) is amended by adding at the end the
following paragraph:
``(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.''.
(d) Bidding Down.--Section 1240B(c) of the Food Security Act of
1985 (16 U.S.C. 3839aa-2(c)) is amended by inserting before the period
at the end the following: ``, except that this prohibition does not
relieve the Secretary of the obligation to ensure that cost-
effectiveness is prioritized in the evaluation of offers and payments,
as provided by section 1240C(1)''.
(e) Incentive Payment Rates.--Section 1240B(e) of the Food Security
Act of 1985 (16 U.S.C. 3839aa-2(e)(2)) is amended--
(1) in paragraph (1), by adding at the end the following
new sentence: ``The Secretary shall establish different rates
to accommodate variation in the cost of practices and product
value.''; and
(2) by adding at the end the following new paragraph:
``(3) Rates for component practices.--The Secretary shall
develop additional incentive payment rates for components of a
practice that promotes residue, nutrient, pest, invasive
species, or air quality management. The amount and rate of
incentive payments for a component practice shall be scaled
according to the anticipated level of impact of that practice
on the priority resource concerns, such that more advanced
management practices that yield greater environmental benefit
will receive higher payments.''.
(f) Allocation of Funding.--Section 1240B(g) of the Food Security
Act of 1985 (16 U.S.C. 3839aa-2(g)) is amended by adding at the end the
following new sentence: ``When making initial allocations of funds to
States to make cost-share and incentive payments under this chapter,
the Secretary shall consider to what degree producers in each State are
under pressure to comply with existing local, State, or Federal
environmental regulations, or may have to comply with such regulations
in the future.''.
(g) Evaluation of Applications for Cost-Share Payments and
Incentive Payments.--Section 1240C of the Food Security Act of 1985 (16
U.S.C. 3839aa-3) is amended to read as follows:
``SEC. 1240C. EVALUATION OF APPLICATIONS FOR COST-SHARE PAYMENTS AND
INCENTIVE PAYMENTS.
``(a) Priorities and Criteria.--In evaluating applications for
cost-share payments and incentive payments, the Secretary shall--
``(1) prioritize applications based on how effectively and
comprehensively designated resource concerns are addressed;
``(2) 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 producing the proposed project's anticipated
environmental benefits;
``(3) reward higher levels of environmental performance,
such as advanced levels of management within management
practices; and
``(4) develop criteria for evaluating applications that
will ensure that national, State, and local conservation
priorities are effectively addressed.
``(b) Wildlife.--In evaluating applications for cost-share payments
and incentive payments related to projects intended primarily to
improve wildlife habitat, the Secretary, in addition to meeting the
requirements of subsection (a), shall give priority to applications
that protect and restore habitat for rare, threatened, endangered, and
candidate species or further the goals and objectives of the State
comprehensive wildlife conservation strategy.''.
(h) Support for Program Plans.--Section 1240F of the Food Security
Act of 1985 (16 U.S.C. 3839aa-6) is amended--
(1) by striking ``and'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(3) developing partnerships with other agencies and
contracting with technical assistance providers to supplement
Department expertise and staffing capacity as necessary.''.
(i) Conservation Innovation Grants.--Section 1240H of the Food
Security Act of 1985 (16 U.S.C. 3839aa-8) is amended--
(1) in subsection (a), by striking ``may'' and inserting
``shall'';
(2) in subsection (b)--
(A) by striking ``may'' and inserting ``shall'';
(B) in paragraph (2)--
(i) by striking ``and'' at the end of
subparagraph (A); and
(ii) by adding at the end the following new
subparagraph:
``(C) alternative energy projects, such as solar
and wind power energy systems and conversion of
equipment to run on bio-fuels, to reduce greenhouse gas
emissions and reliance on fossil fuels in farm
operations;''.
(C) by striking the period at the end of paragraph
(3) and inserting ``; and''; and
(D) by adding at the end the following new
paragraph:
``(4) include a plan for technology transfer.'';
(3) by adding at the end the following new subsections:
``(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.
``(e) Funding.--Of the amounts made available under section
1241(a)(6) to carry out this chapter, the Secretary shall use to carry
out this section--
``(1) $40,000,000 for fiscal year 2008;
``(2) $50,000,000 for fiscal year 2009;
``(3) $60,000,000 for fiscal year 2010; and
``(4) $75,000,000 for each of fiscal years 2011 and
2012.''.
(j) Funding Under Ground and Surface Water Conservation Program.--
Section 1240I of the Food Security Act of 1985 (16 U.S.C. 3839aa-9) is
amended by striking subsection (c) and inserting the following new
subsection:
``(b) 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 2012. These funds are in addition to
amounts made available under section 1241(a)(6) to carry out this
chapter.''.
(k) Air Quality Improvement and Performance Incentives for
States.--Chapter 4 of subtitle D of title XII of such Act is amended by
adding at the end the following new sections:
``SEC. 1240J. AIR QUALITY IMPROVEMENT.
``(a) Availability of Cost-Share Payments and Incentive Payments.--
In carrying out this chapter, the Secretary shall promote air quality
by providing cost-share payments and incentive payments to individual
producers to address air quality concerns associated with agriculture.
``(b) Eligible Practices, Cost-Share.--
``(1) Reduction of emissions of criteria pollutants and
airborne toxins.--In addition to practices eligible for cost-
share payments under this chapter, the Secretary shall provide
cost-share payments to producers under this section for mobile
or stationary equipment, including engines, used in an
agricultural operation that will reduce emissions of criteria
pollutants and airborne toxins.
``(2) Considerations.--In evaluating applications for cost-
share assistance for equipment described in paragraph (1), the
Secretary shall prioritize assistance for equipment that--
``(A) is the most cost-effective in addressing air
quality concerns; and
``(B) will assist producers in meeting State or
local regulatory requirements related to air quality.
``(c) Locations.--In order for producers to receive payments under
this section, a project must be located in a county--
``(1) that is in non-attainment for ambient air quality
standards for ozone, particulate matter, or both;
``(2) in which there is air quality degradation, recognized
by a State or local regulating agency, to which agricultural
emissions significantly contribute; or
``(3) in which the Secretary determines that pesticide
drift is a priority concern.
``(d) Priority.--The Secretary shall give priority to projects
that--
``(1) involve multiple producers implementing eligible
conservation activities in a coordinated way to promote air
quality; or
``(2) are designed to encourage broad adoption of
innovative approaches, including approaches involving the use
of innovative technologies and integrated pest management, so
long as the technologies do not have the unintended consequence
of compromising other environmental goals.
``(e) Funding.--
``(1) Amounts.--The Secretary shall use funds of the
Commodity Credit Corporation to carry out this section in the
following amounts:
``(A) $25,000,000 for fiscal year 2008;
``(B) $45,000,000 for fiscal year 2009;
``(C) $60,000,000 for fiscal year 2010;
``(D) $75,000,000 for fiscal year 2011; and
``(E) $100,000,000 for fiscal year 2012.
``(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.
``SEC. 1240K. PERFORMANCE INCENTIVES FOR STATES.
``(a) High Level of Performance Bonus.--For each of fiscal years
2008 through 2012, 20 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.
``(b) Special Considerations.--In evaluating State performance
under subsection (a), the Secretary shall reward States that--
``(1) consistently meet the requirements of section 1240C
in evaluating offers and payments;
``(2) dedicate a portion of their annual environmental
quality incentives program allocation to multi-producer
cooperative efforts to address specific resource concerns;
``(3) 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;
``(4) collaborate with other Federal and State agencies,
local governments, educational institutions, and for-profit and
nonprofit organizations to evaluate the environmental outcomes
associated with implementation of the environmental quality
incentives program;
``(5) ensure broad participation in State Technical
Committees; and
``(6) ensure that priorities established at the State level
are effectively addressed by local work groups.''.
SEC. 208. 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:
``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 address specific resources of concern related to
agricultural production on a local, State, or regional scale.
``(b) Covered Programs.--The conservation programs referred to in
subsection (a) are the following:
``(1) Conservation reserve program, but only the continuous
signup portion of the program.
``(2) Conservation reserve enhancement program.
``(3) Environmental quality incentives program.
``(4) Farmland protection program.
``(5) Grassland reserve program.
``(6) Ground and surface water conservation program.
``(7) Wetland reserve program.
``(8) Wildlife habitat incentive program.
``(c) Eligible Partners.--Agreements may be entered into under this
section with any of the following (or a combination thereof):
``(1) States and agencies of States.
``(2) Political subdivisions of States, including State-
sponsored conservation districts.
``(3) Indian tribes.
``(4) Nongovernmental organizations and associations,
including producer associations, farmer cooperatives, extension
associations, and conservation organizations with a history of
working cooperatively with producers to effectively address
resource concerns related to agricultural production, as
determined by the Secretary.
``(d) Applications.--
``(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).
``(2) Program allocation.--Applications shall include--
``(A) specification of the amount of funding or
acres, or both, of one or more covered programs
specified in subsection (b) proposed to be allocated to
carry out the special project or initiative; and
``(B) a schedule for utilization of funding or
acres over the life of the proposed project or
initiative.
``(e) Evaluation Criteria.--In evaluating applications for
agreements under this section the Secretary shall consider the extent
to which--
``(1) preferential enrollment in the covered programs
specified in the application will effectively address the
environmental objectives established for the special project or
initiative; and
``(2) the special project or initiative covered by the
application--
``(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;
``(B) includes clear environmental objectives and a
high likelihood of success;
``(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;
``(D) promises adequate and coordinated
participation to achieve the objectives of the project
or initiative;
``(E) coordinates integration of local, State, and
Federal efforts to make the best use of available
resources and maximize cost-effective investments;
``(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;
``(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;
``(H) describes how the administrative costs of the
project or initiative will be minimized;
``(I) 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;
``(J) includes a plan to evaluate progress and
measure results; and
``(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.
``(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--
``(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;
``(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 (42 U.S.C. 7409);
``(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;
``(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;
``(5) to control invasive species on rangeland or other
agricultural land through the cooperative efforts of multiple
producers in a geographical area;
``(6) to address a specific resource of concern or set of
concerns on private, non-industrial forest land;
``(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; and
``(8) to keep working farms and ranches facing development
pressures in agricultural use.
``(g) Cost Share.--
``(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.
``(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.
``(h) Funding.--
``(1) Set-aside.--Of the funds provided each fiscal year to
implement the programs specified in subsection (b), the
Secretary shall reserve the following percentages to ensure an
adequate source of funds for agreements entered into under this
section:
``(A) 5 percent for fiscal year 2008;
``(B) 10 percent for each of fiscal years 2009 and
2010; and
``(C) 15 percent for fiscal years 2011 and 2012.
``(2) Allocation to states.--The Secretary shall allocate
to States 60 percent of the funds reserved under paragraph (1)
for a fiscal year 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.
The allocation shall be made on a similar basis as what would
have been the case under the covered programs identified in
subsection (b).''.
(b) Conforming Repeal.--Section 1243 of the Food Security Act of
1985 (16 U.S.C. 3843) is amended by striking subsection (f).
SEC. 209. REGIONAL EQUITY IN FUNDING OF CERTAIN DEPARTMENT OF
AGRICULTURE CONSERVATION PROGRAMS.
Subsection (d) of section 1241 of the Food Security Act of 1985 (16
U.S.C. 3841) is amended to read as follows:
``(d) Minimum Base Allocation to States for Certain Conservation
Programs.--
``(1) Minimum allocation.--Before April 1 of each fiscal
year, the Secretary shall give priority for funding under the
conservation programs under this subtitle, other than the
programs excluded by paragraph (2), to approved applications in
any State that has not received, for that fiscal year, an
aggregate amount of at least $12,000,000 for those conservation
programs.
``(2) Certain programs excluded.--Paragraph (1) does not
apply to the following programs:
``(A) The conservation reserve program under
subchapter B of chapter 1.
``(B) The wetlands reserve program under subchapter
C of chapter 1.
``(C) The conservation security program under
subchapter A of chapter 2.
``(D) The grassland reserve program under
subchapter C of chapter 2.''.
SEC. 210. INTEGRATED PEST MANAGEMENT INITIATIVE.
Subtitle F of title XII of the Food Security Act of 1985 (16 U.S.C.
3830 et seq.) is amended by adding at the end the following new
section:
``SEC. 1257. INTEGRATED PEST MANAGEMENT INITIATIVE.
``(a) Initiative Required.--The Secretary shall implement an
integrated pest management initiative in priority regions identified by
the Secretary under subsection (b) for the purpose of assisting
agricultural producers operating in such regions to comply with pest
management regulations and alleviate the need for additional
regulations regarding pest management activities.
``(b) Identification of Priority Regions.--
``(1) Identification.--The Secretary of Agriculture shall
identify priority regions where the adoption by agricultural
producers of integrated pest management practices and
approaches offers the greatest potential benefit to producers
seeking to comply with environmental regulations and alleviate
the need for additional regulations resulting from pest
management activities. Priority regions 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.
``(2) Consultation.--The Secretary shall identify priority
regions 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.
``(c) Activities in Priority Regions.--
``(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
region identified under subsection (b) and expedite approval of
these practices for implementation by agricultural producers.
``(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 regions 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.
``(3) Technical assistance.--The Secretary shall enter in
cooperative agreements, memorandums of understanding, and
contracts for services with 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 regions
identified under subsection (b).
``(4) Marketing.--The Secretary shall market the
availability of integrated pest management tools and training
to agricultural producers in the priority regions identified
under subsection (b).
``(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 (16 U.S.C. 3839aa et seq.) and other conservation
programs in each priority region identified under subsection
(b), including indicators of the extent to which these programs
fund integrated pest management practices and the extent to
which supported integrated pest management practices reduce
pesticide use and risk.
``(d) Funding.--The Secretary of Agriculture may use resources
provided for programs under this title to implement the integrated pest
management initiative.''.
SEC. 211. TECHNICAL ASSISTANCE UNDER DEPARTMENT OF AGRICULTURE
CONSERVATION PROGRAMS.
(a) Use of Third-Party Providers.--Section 1242 of the Food
Security Act of 1985 (16 U.S.C. 3842) is amended--
(1) in subsection (a), by striking paragraph (2) and
inserting the following new paragraph:
``(2) at the option of the producer, through an approved
third party, if available.''; and
(2) in subsection (b)--
(A) by striking paragraph (1) and inserting the
following new paragraph:
``(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. The system shall require, as part of the approval
process, consultation with county committees established under
section 8(b) of the Soil Conservation and Domestic Allotment
Act (16 U.S.C. 590h(b)).'';
(B) by striking paragraph (3) and inserting the
following new paragraph:
``(3) Competitive bidding.--The Secretary may accept bids
from approved third parties to provide technical assistance to
producers eligible for that assistance.''; and
(C) in paragraph (4), by striking ``may request''
and inserting ``shall request, to the maximum extent
practicable,''.
(b) Cooperative Conservation Educational Assistance Program;
Technical Assistance.--Such section is further amended by adding at the
end the following new subsections:
``(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.
``(d) Review and Expedited Approval of Technical Assistance
Specifications.--
``(1) As a condition on participating in programs under
this subtitle, a State shall assess the completeness and
relevance of existing technical assistance specifications to
ensure that the specifications fully incorporate and provide
for the appropriate range of conservation practices and
resource mitigation measures available to specialty crop
producers. In conducting the assessment, the State shall
consult with producers, crop consultants, the cooperative
extension system, and land-grant colleges and universities,
nongovernmental organizations, and other qualified entities. If
revisions to technical specifications are determined to be
necessary, the state shall establish an administrative process
for expediting the incorporation of those revisions.
``(2) Technical assistance.--The Secretary shall ensure
that adequate technical assistance is available for the
implementation of practices by specialty crop producers through
Federal conservation programs. To comply with this paragraph,
the Secretary shall develop--
``(A) programs that meet specific needs of
specialty crop producers through cooperative agreements
with other agencies and nongovernmental organizations;
and
``(B) program specifications that allow for
innovative approaches that engage local resources in
providing technical assistance for planning and
implementation of practices.''.
SEC. 212. CONSERVATION LOAN GUARANTEE PROGRAM.
Section 304 of the Consolidated Farm and Rural Development Act (7
U.S.C. 1924) is amended to read as follows:
``SEC. 304. 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.
``(b) Definitions.--In this section:
``(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.
``(2) Qualified conservation loan.--The term `qualified
conservation loan' means a loan that meets the following
requirements:
``(A) Purpose.--The loan proceeds are required to
be used to cover the costs to the borrower of carrying
out a qualified conservation project.
``(B) Principal amount.--The principal amount of
the loan is not more than $1,000,000.
``(C) Repayment period.--The loan repayment period
shall not exceed 10 years.
``(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.
``(E) No loan forgiveness.--The lender is
prohibited from forgiving any part of the loan.
``(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.
``(3) Qualified conservation project.--The term `qualified
conservation project' means, with respect to an eligible
borrower, conservation measures included in a conservation
plan, approved by the Secretary under other authority, for a
farming or ranching operation of the borrower, including but
not limited to--
``(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;
``(B) the installation of water conservation
measures;
``(C) the installation of waste management systems;
``(D) the establishment or improvement of permanent
pasture;
``(E) the payment of costs of complying with
section 1212 of the Food Security Act of 1985;
``(F) other purposes consistent with the
conservation plan;
``(G) any conservation project or practice, as
described by technical guides and handbooks issues by
the Natural Resources Conservation Service; or
``(H) emerging conservation practices, techniques,
or technologies, as approved by the Secretary.
``(c) Limitations Applicable to Loan Guarantees.--
``(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.
``(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.
``(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--
``(1) 500 basis points, if the principal amount of the loan
is less than $100,000;
``(2) 400 basis points, if the principal amount of the loan
is not less than $100,000 and is less than $500,000; and
``(3) 300 basis points, in any other case.
``(e) Administrative Provisions.--
``(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.
``(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.
``(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.
``(4) Approval of application.--The Secretary shall not
approve an application submitted pursuant to this section,
unless the Secretary has determined that the project for which
the loan is sought is likely to result in a net benefit to the
environment.
``(5) Deadline for decision on application.--To the maximum
extent practicable, within 60 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.
``(6) Equitable distribution of loan guarantees and
interest subsidies.--The Secretary shall ensure, to the maximum
extent practicable, that loan guarantees and interest subsidies
under this section are equitably distributed among agricultural
producers according to the size of their farming operations, as
determined on the basis of the value of the crops produced by
the operations.
``(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.
``(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.''.
SEC. 213. EMERGENCY CONSERVATION PROGRAM.
Section 401 of the Agricultural Credit Act of 1978 (16 U.S.C. 2201)
is amended by adding at the end the following new sentence:
``Assistance provided under this title may include reimbursement for
emergency measures undertaken to clean-up nursery debris resulting from
wind erosion, floods, hurricanes, or other natural disasters.''.
SEC. 214. EXCLUSION OF PAYMENTS UNDER DEPARTMENT OF AGRICULTURE
CONSERVATION PROGRAMS FROM ADJUSTED GROSS INCOME
LIMITATION.
Section 1001D(b)(2) of the Food Security Act of 1985 (7 U.S.C.
1308-3a) is amended by striking subparagraph (C).
SEC. 215. ENCOURAGEMENT OF VOLUNTARY SUSTAINABILITY PRACTICES
GUIDELINES.
In administering this title and the amendments made by this title,
the Secretary of Agriculture may encourage the development of voluntary
sustainable practices guidelines for producers and processors of
specialty crops.
SEC. 216. ASSISTANCE TO ADDRESS LONG-TERM CLIMATE CHANGE.
Whenever practicable, the Secretary of Agriculture shall utilize
programs of the Department of Agriculture to provide technical or
financial assistance to producers and processors of specialty crops to
address the adverse impacts of long-term climate change, including the
compliance of producers and processors with governmental regulations
related to long-term climate change.
TITLE III--TRADE
SEC. 301. TECHNICAL ASSISTANCE FOR SPECIALTY CROPS.
(a) Funding and Carryover of Funding.--Subsection (d) of section
3205 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
5680) is amended to read as follows:
``(d) Funding and Carryover of Funding.--
``(1) Funding.--To carry out the program, the Secretary
shall make available funds of the Commodity Credit Corporation,
or an equal value of commodities owned by the Commodity Credit
Corporation, in the amount of--
``(A) $4,000,000 for fiscal year 2008;
``(B) $6,000,000 for fiscal year 2009;
``(C) $8,000,000 for fiscal year 2010;
``(D) $10,000,000 for each of fiscal years 2011 and
2012.
``(2) Carryover of funding.--Funds made available for the
program under paragraph (1) or under section 201 of the
Specialty Crops Competitiveness Act of 2004 (Public Law 108-
465; 118 Stat. 3884) shall remain available until expended.''.
(b) Flexibility.--Such section is further amended by adding at the
end the following new subsection:
``(e) Flexibility.--In providing technical assistance under the
program, the Secretary should provide for case-by-case extensions, upon
the approval of the Administrator of the Foreign Agricultural Service,
of time frames provided by regulations in connection with that
assistance.''.
SEC. 302. COORDINATION OF TRADE OBJECTIVES BETWEEN KEY AGENCIES.
The President shall take steps to ensure increased coordination
among relevant agencies within the Department of Agriculture and other
agencies within the Executive branch of export and import trade
objectives and greater transparency on work related to sanitary and
phytosanitary trade issues.
SEC. 303. MARKET ACCESS PROGRAM.
Section 211(c)(1)(A) of the Agricultural Trade Act of 1978 (7
U.S.C. 5641(c)(1)(A)) is amended--
(1) by striking ``and'' before ``$200,000,000''; and
(2) by inserting ``and $350,000,000 for each of fiscal
years 2008 through 2012,'' after ``2007,''.
SEC. 304. GRANT PROGRAM FOR MARKET ANALYSIS RELATED TO ANTI-DUMPING AND
COUNTERVAILING DUTY CASES INVOLVING SPECIALTY CROPS.
(a) Grants Authorized.--The Secretary of Agriculture may make
grants under this section to a State agency or an association of
specialty crop producers (in this section referred to as an ``eligible
entity'') to conduct or procure market analysis in connection with
anti-dumping and countervailing duty cases involving a specialty crop
under consideration by the United States International Trade Commission
or the Department of Commerce.
(b) Grant Criteria.--To be eligible for a grant under this section,
an eligible entity must establish to the satisfaction of the Secretary
that--
(1) there has been significant price underselling of the
imported specialty crop, as compared with the previous three-
year average price of the domestic specialty crop; and
(2) there is a significant increase of the volume or market
penetration of the imported specialty crop over the previous
three years.
(c) Matching Funds.--An eligible entity receiving a grant under
this section shall contribute non-Federal funds toward the market
analysis project for which the grant is provided in an amount at least
equal to the amount of the grant.
(d) Funding.--The Secretary of Agriculture shall use $10,000,000 of
funds of the Commodity Credit Corporation for each of the fiscal years
2008 through 2012 to make grants under this section.
SEC. 305. SENSE OF CONGRESS REGARDING CERTAIN ANTITRUST LAWS APPLICABLE
TO AGRICULTURE.
It is the sense of Congress that the Export Trading Company Act
(ETC), the Webb-Pomerene Export Act, and the Capper-Volstead Act should
be strongly supported because these antitrust laws promote United
States agricultural exports and allow specialty crop producers key
protections.
TITLE IV--INVASIVE PESTS AND DISEASES
SEC. 401. THREAT IDENTIFICATION AND MITIGATION PROGRAM.
(a) Establishment.--The Administrator of the Animal and Plant
Health Inspection Service shall establish and administer a program to
determine and prioritize foreign threats to domestic production of
specialty crops, including threats of bioterrorism.
(b) Program.--In conducting the program established under
subsection (a), the Administrator of the Animal and Plant Health
Inspection Service shall--
(1) consult with the Director of the Center for Plant
Health Science and Technology;
(2) develop risk assessments of the potential threat to the
specialty crop industry in the United States from foreign
threats;
(3) collaborate with the National Plant Board to--
(A) prioritize foreign threats to the specialty
crop industry; and
(B) in consultation with State departments of
agriculture and other State or regional resource
partnerships, develop action plans that effectively
address such foreign threats, including pathway
analysis, offshore mitigation measures, and
comprehensive exclusion measures at ports of entry and
other key distribution centers in addition to
strategies to employ if the foreign pest or disease is
introduced;
(4) implement such action plans as soon as they are
developed to test the effectiveness of such action plans and
help prevent new foreign and domestic pest and disease threats
from being introduced or widely disseminated in the United
States;
(5) consult with the Administrator of the Agricultural
Research Service, where appropriate, and utilize the expertise
of the Agricultural Research Service in the development of pest
and disease detection and control or eradication strategies;
(6) consult with the United States Trade Representative on
both the priority list and action plans after such are
developed to ensure future trade agreements include measures to
mitigate these threats; and
(7) not use funds available pursuant to subsection (d) for
eradication efforts that enhance import opportunities into the
United States.
(c) Reports.--Not later than one year after the date of the
enactment of this Act, and annually thereafter, the Administrator of
the Animal and Plant Health Inspection Service shall update and submit
to Congress the priority list and action plans described in subsection
(b), including an accounting of funds expended on such action plans.
(d) Funding.--The Administrator of the Animal and Plant Health
Inspection Service shall use $40,000,000 of the funds of the Commodity
Credit Corporation for each of fiscal years 2008 through 2012 to carry
out this section.
SEC. 402. EMERGENCY CONTROL, PREVENTION, AND ERADICATION PROGRAMS.
(a) Extraordinary Emergency.--Section 415 of the Plant Protection
Act (7 U.S.C. 7715) is amended by adding at the end the following new
subsection:
``(f) Secretarial Discretion.--The decision to declare an
extraordinary emergency under subsection (a) shall be solely the
decision of the Secretary and shall remain in effect until the
Secretary determines that the threat posed by the plant pest or noxious
weed has abated.''.
(b) Plant Pest Emergency Authority.--Section 442 of the Plant
Protection Act (7 U.S.C. 7772) is amended--
(1) in the heading, by striking ``transfer'' and inserting
``plant pest emergency''; and
(2) by striking subsection (c) and inserting the following:
``(c) Secretarial Discretion.--
``(1) Declaration of emergency.--The decision to declare an
emergency in connection with a plant pest or noxious weed that
threatens any part of the agricultural production of the United
States shall be solely the decision of the Secretary and shall
remain in effect until the Secretary determines that the threat
posed by the plant pest or noxious weed has abated.
``(2) Funds.--The decision of the Secretary to transfer
funds pursuant to this section shall be based solely on the
threat to agricultural production within the United States.
Notwithstanding any other provision of law, the decision of the
Secretary shall be final and it shall be unlawful for any
officer or employee of the Federal Government other than the
Secretary or the designee of the Secretary to contradict,
impede, or reverse the transfer of funds the Secretary
considers necessary for the arrest, control, eradication, and
prevention of the spread of a plant pest or noxious weed and
for related expenses.
``(d) Applied Research.--The Secretary shall use the funds of the
Commodity Credit Corporation to fund, as necessary, applied research to
resolve issues that may arise during a plant pest emergency. Such
research may include the development of new or improved diagnostic
methods, biocontrol tools, eradication or control tools, or such other
matters as the Secretary determines advance the effort to arrest,
control, eradicate, and prevent the spread of a plant pest or noxious
weed.
``(e) Use of Cooperative Agreements.--
``(1) In general.--The Secretary shall, to the greatest
extent practicable, enter into a cooperative agreement pursuant
to section 432 with a State to assist in the arrest, control,
eradication, or prevention of a plant pest or noxious weed
connected with an emergency under this section or applied
research conducted pursuant to subsection (d).
``(2) No cost sharing required.--The Secretary shall not
require a State entering into a cooperative agreement with the
Secretary under paragraph (1) to provide a share of the costs
necessary for the arrest, control, eradication, or prevention
of the spread of a plant pest or noxious weed connected with an
emergency under this section or for applied research conducted
pursuant to subsection (d).''.
(c) Compensation.--
(1) In general.--Section 416 of such Act (7 U.S.C. 7716) is
amended to read as follows:
``SEC. 416. COMPENSATION.
``(a) In General.--Except as provided in subsection (c), the
Secretary shall compensate the owner of any plant, plant product,
article, or means of conveyance--
``(1) destroyed or otherwise disposed of by the Secretary
under section 414 or 415; or
``(2) for any loss in market value of any plant, plant
product, article or means of conveyance restricted by the
Secretary from being moved or distributed outside of a
quarantine area if the Secretary determines that such plant,
plant product, article, or means of conveyance is not infested
with or capable of transmitting a disease or plant pest.
``(b) Amount.--
``(1) In general.--Subject to paragraphs (2) and (3), the
compensation--
``(A) under subsection (a)(1) shall be based on the
fair market value, as determined by the Secretary, of
the destroyed plant, plant product, article, or means
of conveyance; and
``(B) under subsection (a)(2) shall be based on the
loss in fair market value of the plant, plant product,
article, or means of conveyance.
``(2) Limitation.--Compensation paid any owner under this
section shall not exceed the difference between--
``(A) the fair market value of the destroyed plant,
plant product, article, or means of conveyance; and
``(B) any compensation received by the owner from a
State or other source for the destroyed plant, plant
product, article, or means of conveyance.
``(3) Reviewability.--The determination by the Secretary of
the amount to be paid under this section shall be final and not
subject to judicial review or review of longer than 60 days by
any officer or employee of the Federal Government other than
the Secretary or the designee of the Secretary.
``(c) Exceptions.--No payment shall be made by the Secretary under
this section for--
``(1) any plant, plant product, article, or means of
conveyance that has been moved or handled by the owner in
violation of an agreement for the control and eradication of
diseases or pests or in violation of this title;
``(2) any plant, plant product, article, or means of
conveyance that is refused entry under this title; or
``(3) any plant, plant product, article, or means of
conveyance that becomes or has become affected with or exposed
to any pest or disease because of a violation of an agreement
for the control and eradication of diseases or pests or a
violation of this title by the owner.''.
(2) Conforming amendment.--Section 415 of such Act (7
U.S.C. 7715) is amended by striking subsection (e).
SEC. 403. AGRICULTURAL QUARANTINE INSPECTION ACTIVITIES AT PORTS OF
ENTRY.
(a) Transfer of Certain Agricultural Import and Entry Functions
Back to USDA.--
(1) In general.--There shall be transferred to the
Secretary of Agriculture the functions of the Secretary of
Homeland Security relating to agricultural import and entry
inspection activities under the Plant Protection Act (7 U.S.C.
7701 et seq.).
(2) Transfer agreement.--Before the end of the transition
period, the Secretary of Agriculture and the Secretary shall
enter into an agreement to effectuate the transfer of functions
required by paragraph (1). The Secretary of Agriculture and the
Secretary may jointly revise the agreement as necessary
thereafter.
(3) Transfer of dhs employees.--Not later than the end of
the transition period, the Secretary of Homeland Security shall
transfer to the Secretary of Agriculture not less than 2,600
full-time equivalent positions of the Department of Homeland
Security.
(4) Conforming amendment.--Section 421(b) of the Homeland
Security Act of 2002 (6 U.S.C. 231(b)) is amended by--
(A) striking paragraph (4); and
(B) redesignating paragraphs (5), (6), and (7) as
paragraphs (4), (5), and (6), respectively.
(5) Transition period defined.--In this subsection, the
term ``transition period'' means the period ending on the date
that is one year after the date of the enactment of this Act.
(b) Risk Mitigation Review Committees.--The Secretary of
Agriculture shall establish State and regional risk mitigation review
committees to assist the Secretary in assessing disease and pest
threats, trends, and conditions. Such committees shall include staff of
State departments of agriculture and other appropriate persons.
SEC. 404. ANIMAL AND PLANT HEALTH INSPECTION SERVICE EXPORT DIVISION.
(a) Establishment.--The Administrator of the Animal and Plant
Health Inspection Service shall establish a sanitary and phytosanitary
export petitions division within the Animal and Plant Health Inspection
Service.
(b) Duties.--The division established under subsection (a) shall--
(1) process sanitary and phytosanitary export petitions;
(2) establish a public docket for sanitary and
phytosanitary export petitions; and
(3) complete review of sanitary and phytosanitary export
petitions filed on or before the date of the enactment of this
Act not later than five years after such date.
SEC. 405. CONSULTATIONS ON SANITARY AND PHYTOSANITARY RESTRICTIONS FOR
FRUITS AND VEGETABLES.
(a) Consultations on Sanitary and Phytosanitary Restrictions for
Fruits and Vegetables.--The Secretary of Agriculture shall, to the
greatest practicable extent, consult with interested persons on
sanitary and phytosanitary trade issues. The consultation shall
include--
(1) annual briefings to interested persons, including
Congress;
(2) the development of a strategic risk management
framework; and
(3) where appropriate, implementation of peer review for
risk analysis.
(b) Amendments.--Section 2104(b)(2)(A)(ii)(II) of the Bipartisan
Trade Promotion Authority Act of 2002 (19 U.S.C. 3804(b)(2)(A)(ii)(II))
is amended--
(1) by striking ``whether the products so identified'' and
inserting ``whether--
``(aa) the products so
identified''; and
(2) by adding at the end the following:
``(bb) any fruits or vegetables so
identified are subject to or likely to
be subject to unjustified sanitary or
phytosanitary restrictions, including
those not based on scientific
principles in contravention of the
Uruguay Round Agreements, as determined
by the United States Trade
Representative in consultation with the
Agricultural Technical Advisory
Committee for Trade in Fruits and
Vegetables of the Department of
Agriculture; and''.
(c) Effective Date.--The amendments made by subsection (a) apply
with respect to the initiation of negotiations to enter into any trade
agreement that is subject to the provisions of section 2103(b) of the
Bipartisan Trade Promotion Authority Act of 2002 (19 U.S.C. 3804(b)) on
or after the date of the enactment of this Act.
SEC. 406. MULTI-SPECIES FRUIT FLY RESEARCH AND STERILE FLY PRODUCTION.
(a) Construction.--The Secretary of Agriculture shall construct a
warehouse and irradiation containment facility in Waimanalo, Hawaii, to
support fruit fly rearing activities and to house an irradiation to
sterilize fruit flies.
(b) Authorization of Appropriations.--There are authorized to be
appropriated--
(1) $15,000,000 for the construction of a warehouse and
irradiation containment facility pursuant to subsection (a);
and
(2) $1,000,000 for fiscal year 2008 and each subsequent
fiscal year for maintenance to the facilities constructed
pursuant to this section.
SEC. 407. AUDIT-BASED APPROACH TO SPECIALTY CROP PHYTOSANITARY
REGULATION.
(a) Establishment.--The Secretary of Agriculture shall establish a
grant program to develop an audit-based inspection program to protect
against the spread of plant pests and to facilitate the interstate
movement of plants and plant products.
(b) Program.--The program established under subsection (a) shall
provide grants and other assistance to specialty crop growers or
organizations representing such growers or to State and local agencies
working with growers and organizations representing such growers for
development and implementation of inspection systems based on audit-
based systems such as best management practices to address plant pest
and to mitigate the risk of plant pests in the movement of plants and
plant products.
(c) Funding.--The Secretary shall use $5,000,000 of the funds of
the Commodity Credit Corporation for each of fiscal years 2008 through
2012 to carry out this section.
SEC. 408. EARLY PEST DETECTION AND SURVEILLANCE IMPROVEMENT PROGRAM.
(a) Cooperative Agreements Authorized.--The Secretary of
Agriculture shall enter into a cooperative agreement with each State
department of agriculture that agrees to conduct early pest detection
surveillance activities in accordance with guidelines established under
the Cooperative Agricultural Pest Survey program of the Department of
Agriculture.
(b) Consultation.--The Secretary shall consult with the National
Plant Board and the National Association of State Departments of
Agriculture in carrying out this section.
(c) Base Funds Under Agreements.--The Secretary shall provide each
State department of agriculture with which the Secretary enters into a
cooperative agreement under this section not less than $250,000 for
each of fiscal years 2008 through 2012.
(d) Additional Funds; Special Considerations.--In addition to funds
provided under subsection (c), the Secretary shall provide funds to a
State department of agriculture that the Secretary determines is in a
State that has a high risk of being affected by one or more pest, based
on the following factors:
(1) The number of international airports and maritime
facilities in that State.
(2) The volume of international passenger and cargo entry
into that State.
(3) The geographic location of that State and if such
location is conducive to agricultural pest and disease
establishment due to the climate or crop diversity of that
State.
(4) Whether the Secretary has declared an emergency in that
State pursuant to section 442 of the Plant Protection Act (7
U.S.C. 7772) due to an agricultural pest or disease of Federal
concern.
(5) Such other factors as the Secretary considers
appropriate.
(e) Use of Funds.--
(1) Pest detection and surveillance activities.--A State
department of agriculture that receives funds under this
section shall use the funds to carry out early pest detection
and surveillance activities to prevent the introduction of a
pest or facilitate the eradication of a pest.
(2) Subagreements.--Notwithstanding this section, a State
department of agriculture may use funds received under
subsection (c) or (d) to enter into subagreements with
political subdivisions in such State that have legal
responsibilities relating to agricultural pest and disease
surveillance.
(3) Treatment of funds.--Not more than 5 percent of the
funds provided under subsection (c) or (d) may be used for
administrative costs to carry out a cooperative agreement under
this section.
(f) No Effect on PILT Payments.--The receipt of funds by the
department of agriculture under this section shall have no effect on
the amount of any payment received by the State of such State
department of agriculture under chapter 69 of title 31, United States
Code.
(g) Funding.--The Secretary shall use $50,000,000 of the funds of
the Commodity Credit Corporation for each of fiscal years 2008 through
2012 to carry out this section.
(h) Definitions.--In this section:
(1) State department of agriculture.--The term ``State
department of agriculture'' means an agency of a State that has
a legal responsibility to perform early pest detection and
surveillance activities.
(2) Early pest detection and surveillance.--The term
``early pest detection and surveillance'' means the full range
of activities undertaken to find newly introduced pests,
whether new to the United States or new to certain areas of the
United States, before the pests become established, or before
pest infestations become too large and costly to eradicate or
control.
(3) Pest.--The term ``pest'' has the meaning given the term
``plant pest'' in section 403(14) of the Plant Protection Act
(7 U.S.C. 7702(14)).
TITLE V--NUTRITION
SEC. 501. FINDINGS.
Congress finds the following:
(1) Fruits and vegetables offer consumers a healthy and
nutritious product that is recognized as critical to the
prevention of heart disease, stroke, and some cancers and other
chronic diseases, the reduction of obesity and diabetes, and
the maintenance of overall good health.
(2) Proper nutrition is critical in promoting good health,
preventing disease, and improving quality of life.
(3) Agriculture policies and related domestic and
international nutrition assistance programs should support
incentives and key strategies that help Americans reach
national health goals and ultimately reduce health care costs.
SEC. 502. EXPANSION OF FRESH FRUIT AND VEGETABLE PROGRAM.
Section 18 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1769) is amended in subsection (g)--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking ``July 2004'' and inserting ``July 2007''; and
(B) by amending subparagraphs (A) and (B) to read
as follows:
``(A) 100 elementary or secondary schools in each
State;
``(B) additional elementary or secondary schools in
each State in proportion to the student population of
the State; and'';
(2) in paragraph (3)(A), by striking ``paragraph (1)(B)''
and inserting ``paragraph (1)'';
(3) in paragraph (5), in each of subparagraphs (A) and (B),
by striking ``2008'' and inserting ``2011''; and
(4) in paragraph (6)(B)--
(A) in clause (i)--
(i) by striking ``October 1, 2004, and on
each October 1 thereafter,'' and inserting
``October 1, 2007, and on each October 1
thereafter,''; and
(ii) by striking ``$9,000,000'' and
inserting ``$300,000,000''; and
(B) by adding at the end the following:
``(iii) Administrative expenses.--For
fiscal year 2008 and each succeeding fiscal
year, of the amount available to carry out this
subsection, the Secretary may reserve not more
than 1 percent of that amount for
administrative expenses in carrying out this
subsection.
``(iv) State administrative costs.--For
fiscal year 2008 and each succeeding fiscal
year, of the amount received by a State to
carry out this subsection, the State may use
not more than 5 percent of that amount for
administrative expenses in carrying out this
subsection. To be eligible to use such funds
for such expenses, the State must submit to the
Secretary a plan indicating how the State
intends to use such funds.
``(v) Federal requirements.--The Secretary
shall establish requirements to be followed by
States in administering this subsection. The
initial set of requirements shall be
established not later than 1 year after the
date of the enactment of this clause.''.
SEC. 503. 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) in support of efforts to
increase the consumption of fruits and vegetables in the United States
to meet Federal health guidelines.
(b) Requirements for Participation.--To be eligible for assistance
under this section, an eligible trade organization shall--
(1) submit to the Administrator of the Agricultural
Marketing Service a plan, meeting such guidelines as the
Administrator may establish, to increase the consumption of
fruits and vegetables in the United States; and
(2) meet any other requirements established by the
Administrator.
(c) Eligible Trade Organizations.--An eligible trade organization
referred to in subsection (a) means any of the following:
(1) A nonprofit fruit and vegetable trade organization in
the United States;
(2) A nonprofit State or regional fruit and vegetable
organization.
(3) A fruit and vegetable agricultural cooperative in the
United States.
(4) A commodity board or commission in the United States.
(5) A business engaged in the fruit and vegetable industry
in the United States.
(d) Matching Funds.--Assistance provided under this section shall
not exceed--
(1) in the case of an entity referred to in paragraphs (1)
through (4) of subsection (c), 50 percent of the cost of the
plan submitted by the entity under subsection (b) and approved
by the Administrator of the Agricultural Marketing Service; and
(2) in the case of a business referred to in paragraph (5)
of such subsection, 50 percent of the cost of the plan
submitted by the business under subsection (b) and approved by
the Administrator.
(e) Funding.--The Administrator of the Agricultural Marketing
Service shall use the funds of the Commodity Credit Corporation to
carry out this section in the following amounts:
(1) $25,000,000 for each of fiscal years 2008 and 2009.
(2) $50,000,000 for fiscal year 2010.
(3) $75,000,000 for fiscal year 2011.
(4) $100,000,000 for fiscal year 2012.
SEC. 504. 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
(42 U.S.C. 1758(a)) is amended by adding at the end the following:
``(5) Allocations to be based on dietary guidelines.--For
school year 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 (42 U.S.C. 1771 et seq.) are based
on the most recent Dietary Guidelines for Americans.''.
SEC. 505. SECTION 32 SPECIALTY CROP PURCHASES.
(a) Minimum Level of Purchases.--Section 32 of the Act of August
24, 1935 (7 U.S.C. 612c) is amended in the sixth sentence by inserting
after ``and their products'' the following: ``, and, for each of fiscal
years 2008 through 2012, the Secretary of Agriculture shall devote not
less than $400,000,000 of sums appropriated under this section to
purchases of non-basic agricultural commodities, such as fruits,
vegetables, and other specialty food crops''.
(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 $50,000,000 for fiscal year 2008, $75,000,000 for both fiscal
years 2009 and 2010, $100,000,000 for fiscal year 2011, and
$125,000,000 for fiscal year 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 (42 U.S.C. 1755(a)).''.
SEC. 506. SCHOOL PREFERENCE STUDY.
The Secretary of Agriculture shall carry out a study on the
preferences of elementary and secondary schools for commodity
distribution, including the extent to which such schools prefer
commodity distribution to include fruits and vegetables, and submit to
Congress a report on the results of the study. The report shall include
an analysis of the logistical issues that would impede efforts to
increase the extent to which commodity distribution to schools includes
fruits and vegetables, and shall include recommendations for improving
the availability of fruits and vegetables to schools.
SEC. 507. INDEPENDENT EVALUATION OF DEPARTMENT OF AGRICULTURE COMMODITY
PURCHASE PROCESS.
(a) Evaluation Required.--The Secretary of Agriculture shall
arrange to have performed an independent evaluation of the commodity
purchasing processes (and the statutory and regulatory authority
underlying such processes) used by the Department of Agriculture to
remove surplus commodities from the market and support commodity prices
and producer incomes, especially with regard to activities under
section 32 of the Act of August 24, 1935 (7 U.S.C. 612c) and the
importance of increasing purchases of perishable specialty crops.
(b) Submission of Results.--Not later than one year after the date
of the enactment of this Act, the Secretary of Agriculture shall submit
to Congress a report on the results of the evaluation.
SEC. 508. AMENDMENTS TO THE FOOD STAMP PROGRAM.
(a) Definition.--Section 3 of the Food Stamp Act of 1977 (7 U.S.C.
2012) is amended by adding at the end the following:
``(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 2005 Dietary Guidelines for Americans, including a
diet rich in fruits and vegetables, whole grains, and low-fat milk
products.''.
(b) Administration.--Section 11(e)(1)(A) of the Food Stamp Act of
1977 (7 U.S.C. 2020(e)(1)(A) is amended by inserting ``, and provide
food stamp nutrition education'' after ``program'' .
SEC. 509. SENSE OF THE CONGRESS REGARDING NUTRITIONAL SUPPLEMENTS.
It is the sense of the Congress that benefits provided under the
Food Stamp Act of 1977 should not be available to purchase nutrition
supplements or anything other than food.
SEC. 510. FOOD STAMP FRUIT AND VEGETABLE EBT 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.
(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.
(c) Authorization of Appropriations.--There is authorized to be
appropriated $10,000,000 for each of 5 fiscal years to carry out this
section.
SEC. 511. DECENNIAL EVALUATIONS OF WIC FOOD PACKAGES.
Section 17(e) of the Child Nutrition Act of 1966 (42 U.S.C.
1786(e)) is amended by adding at the end the following:
``(6) Decennial evaluation.--In 2015, and every 10 years
thereafter, the Secretary shall arrange for the National
Academy of Sciences, Institute of Medicine, to evaluate, in
light of the most recent Dietary Guidelines for Americans, the
food packages used in carrying out this section and to
recommend changes to those packages to reflect current public
health concerns, nutrition science, and the diverse cultures
the program serves.''.
SEC. 512. EXTENSION OF WIC FARMERS' MARKET NUTRITION PROGRAM.
Section 17(m)(9)(A) of the Child Nutrition Act of 1966 (42 U.S.C.
1786(m)(9)(A)) is amended--
(1) in clause (i), by striking ``2009'' and inserting
``2013''; and
(2) by striking clause (ii) and inserting the following:
``(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.''.
SEC. 513. SENIOR FARMERS' MARKET NUTRITION PROGRAM.
Section 4402 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 3007) is amended--
(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'';
(2) in subsection (b)--
(A) in paragraph (2) by striking ``and'' at the
end,
(B) in paragraph (3) by striking the period at the
end and inserting ``; and'', and
(C) by adding at the end the following:
``(4) to promote the transition to organic and other
environmentally beneficial food production systems.''; and
(3) by adding at the end the following new subsection:
``(d) Eligible Participants; Benefit Levels.--The regulations
required by subsection (c)--
``(1) shall allow for participation by farmers' markets,
and roadside stands, community supported agriculture programs;
and
``(2) shall not limit the ability of State or regional
programs to set benefit levels per individual senior.''.
TITLE VI--AGRICULTURAL RESEARCH
SEC. 601. SPECIALTY CROPS ECONOMIC AND POLICY RESEARCH INSTITUTE.
(a) Establishment.--A Specialty Crop Economic and Policy Research
Institute is established to study economic and public policy issues
that affect the competitiveness of United States specialty crops from a
regional and national perspective.
(b) Member Institutions.--The Specialty Crop Economic and Policy
Research Institute shall operate as a collaborative among the following
academic institutions:
(1) Arizona State University: Morrison School of Management
and Agribusiness.
(2) California Polytechnic State University, San Luis
Obispo: California Institute for the Study of Specialty Crops.
(3) California State University, Fresno: Center for
Agricultural Business.
(4) Cornell University: Department of Applied Economics and
Management.
(5) Michigan State University: Department of Agricultural
Economics.
(6) University of California: Agricultural Issues Center.
(7) University of Florida: International Agricultural Trade
and Policy Center.
(8) Washington State University: IMPACT Center.
(c) Management.--The Specialty Crop Economic and Policy Research
Institute shall be coordinated and managed by the California
Polytechnic State University, San Luis Obispo. The California
Polytechnic State University shall direct funding to, and coordinate
and facilitate the economic and policy research activities of, the
members institutions.
(d) Other Participation.--The members of the Specialty Crop
Economic and Policy Research Institute are encouraged to collaborate
with other universities, academic bodies, and researchers with regional
and national expertise.
(e) Advisory Boards.--
(1) National advisory board.--
(A) Establishment.--The Specialty Crop
Economic and Policy Research Institute shall
establish a national advisory board.
(B) Membership.--The national advisory
board shall be comprised of the following:
(i) A representative of the
regional advisory boards.
(ii) A representative of each of
the members of the Specialty Crop
Economic and Policy Research Institute.
(iii) A representative from the
Office of Chief Economist or Economic
Research Service of the Department of
Agriculture.
(iv) A representative from the
Committee on Agriculture of the House
of Representatives.
(v) A representative from the
Committee on Agriculture, Nutrition,
and Forestry of the Senate.
(C) Chairperson.--A chairperson for the
national advisory board shall be chosen by
consensus of the members of the board.
(2) Regional advisory board.--
(A) Establishment.--Each member of the
Specialty Crop Economic and Policy Research
Institute representing a region of the United
States, including Great Lakes States, Mountain
States, Northeast States; Northwest States,
Southern States, and Western States shall
establish a regional advisory board and appoint
the members of that advisory board.
(B) Membership.--The regional advisory
boards shall be comprised of specialty crop
producers from the region's States. The
Secretary, Commissioner, or Director of the
region's State agriculture departments shall be
invited to participate in the regional advisory
board as ex officio members.
(C) Chairperson.--A chairperson of each
regional advisory board shall be chosen by
consensus of the members of that board.
(3) Role.--The role of the advisory boards shall be
to--
(A) provide information and prioritize
economic and public policy issues from a
regional and national perspective; and
(B) review and comment in regards to the
research projects funded by the Specialty Crop
Economic and Policy Research Institute.
(4) Annual meeting.--The advisory boards shall each
meet, at minimum, annually.
(f) Institute Objectives.--The objectives of the Specialty Crop
Economic and Policy Research Institute shall be as follows:
(1) To provide Congress with a resource for analysis of the
specialty crop sector, including the impact of changes in
domestic and international markets, production and new product
technologies, alternative policies and macroeconomic conditions
on specialty crop production, use, farm and retail prices, and
farm income and financial stability from a national, regional,
and farm-level perspective.
(2) To provide annual review of the economic state of the
specialty crop industry from a regional perspective.
(3) To provide specialty crop producers with World Wide
Web-based risk management tools that can be used to assess the
impact of policy, market, and technological change on their
production operations.
(4) To develop an information series that provides applied
information useful to specialty crop growers, their
associations, and other interested stakeholders in evaluating
that industry from a regional and national perspective.
(5) To disseminate the results of research through printed
reports, workshops, specialty crop grower association meetings,
and on the World Wide Web.
(6) To provide research and policy internship opportunities
for undergraduate and graduate students.
(g) Funding.--
(1) In general.--Of the funds of the Commodity Credit
Corporation, the Secretary shall make available to carry out
this section the following:
(A) For fiscal year 2008, $3,800,000.
(B) For fiscal year 2009, $4,000,000.
(C) For fiscal year 2010, $4,000,000.
(D) For fiscal year 2011, $4,000,000.
(2) Indirect and direct.--The Secretary may use funds made
available under this subsection for direct and indirect costs
of carrying out this section. Indirect costs shall not to
exceed 12.5 percent of the total costs.
SEC. 602. DEVELOPMENT OF SPECIALTY CROP PRIORITY FOR THE NATIONAL
RESEARCH INITIATIVE.
The Secretary of Agriculture shall develop a specialty crop
priority area within the overall areas of emphasis of the National
Research Initiative. Funds available to the Secretary for the specialty
crop priority area shall be expended on the applied research and
extension programs that increase the quality of specialty crop
research. The National Research Initiative peer review process shall
include representation from the specialty crop sector.
SEC. 603. ESTABLISHMENT OF SPECIALTY CROP RESEARCH GRANTS PROGRAM FOR
PRODUCERS TO IMPROVE EFFICIENCY AND COMPETITIVENESS.
(a) Establishment.--The Secretary of Agriculture shall establish a
program to award grants to eligible entities to improve the efficiency
and competitiveness of United States specialty crop producers.
(b) Eligible Entities.--The Secretary shall determine eligible
entities for grants under this section. Such entities shall include
Federal agencies, nonprofit United States specialty crop trade
organizations and foundations, nonprofit State and regional specialty
crop organizations, United States specialty crop agricultural
cooperatives, commodity boards and commissions, university research and
extension programs, and businesses in the specialty crop industry.
(c) Use of Funds.--Funds from grants under this program shall be
used for one or more of the following:
(1) Research that addresses the short-term, intermediate,
and long term needs of the United States specialty crop
industry in production technology (such as plant breeding, pest
management, production, physiology, food science, and
nutrition).
(2) Mechanization, marketing, product development, food
security, and food safety to improve the competitiveness of the
United States specialty crop industry.
(3) Development and implementation of industry-specific
strategic plans to prioritize research and develop United
States specialty crop industry and research collaboration.
(d) Funding.--
(1) In general.--Of the funds of the Commodity Credit
Corporation, the Secretary shall make available $200,000,000
for each of fiscal years 2008 through 2012 to carry out this
section.
(2) Federal costs.--Federal costs shall not exceed 50
percent of the total cost of a research project funded under
this section.
SEC. 604. NATIONAL CLEAN PLANT NETWORK.
(a) Establishment.--There is established in the Department of
Agriculture, as part of the Cooperative State Research, Education, and
Extension Service, a program to be known as the ``National Clean Plant
Network''. The Secretary of Agriculture shall use the network to
develop a sustainable national funding source for clean planting stock
programs for horticultural crops determined by the Secretary to be of
priority for the United States. Such funding shall be used to award
grants to entities that have the expertise, facilities, and climate
necessary to efficiently produce, maintain, and distribute healthy
planting stock for specialty crops.
(b) Priorities.--Section 1408A(c) of the Specialty Crops
Competitiveness Act of 2004 (7 U.S.C. 3123a(c)) is amended by adding at
the end the following:
``(4) Priorities for Federal research activities related to
United States specialty crops.''.
(c) Funding.--Of the funds of the Commodity Credit Corporation, the
Secretary of Agriculture shall make available $5,000,000 for each of
fiscal years 2008 through 2012 to carry out this section.
SEC. 605. PRIORITIZING CURRENT FEDERAL RESEARCH ACTIVITIES FOR
SPECIALTY CROPS.
The Secretary of Agriculture shall--
(1) coordinate with and assist producers and organizations
comprised of key stakeholders working together to develop and
implement applied research and extension related to the United
States specialty crop industry;
(2) facilitate in the delivery of information to key
stakeholders in a user-friendly form, in addition to a standard
research publication, and reward providers for their abilities
to deliver information to both the scientific community and the
end-user;
(3) ensure that research and extension activities conducted
by Federal agencies be required to have industry-appointed
panels involved in the prioritization, administration, and
oversight of use of Federal available to develop and implement
applied research and extension related to the United States
specialty crop industry; and
(4) ensure coordination among research initiatives funded
and sponsored by the Department of Agriculture.
TITLE VII--RENEWABLE ENERGY
SEC. 701. INVENTORY OF SPECIALTY CROP BIOMASS WASTE AS PART OF ANNUAL
ASSESSMENT OF RENEWABLE ENERGY RESOURCES.
Section 201 of the Energy Policy Act of 2005 (Public Law 109-58; 42
U.S.C. 15851) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Inventory of Specialty Crop Biomass.--
``(1) Inventory.--As part of each assessment of biomass
renewable energy resources under subsection (a), the Secretary
shall develop an inventory, on a State and county basis, of
specialty crop biomass that could be potentially utilized in
the production of electric energy, useful heat, transportation
fuels, petroleum-based product substitutes, and other value-
added products.
``(2) Cooperation and funding.--The Secretary shall prepare
the inventory in cooperation with the Secretary of Agriculture,
and the Secretary of Agriculture may contribute up to
$25,000,000 of funds of the Commodity Credit Corporation each
fiscal year to assist in the development of the inventory.
Amounts contributed under this paragraph are in addition to
amounts appropriated pursuant to the authorization of
appropriations in subsection (d).
``(3) Definitions.--In this subsection:
``(A) Specialty crop.--The term `specialty crop'
has the meaning given that term in section 3(1) of the
Equitable Agriculture Today for a Healthy America Act.
``(B) Specialty crop biomass.--The term `specialty
crop biomass' means agricultural waste from specialty
crop production, including waste derived from orchard
tree crops, vineyard crops, and nut crops, and other
fruit and vegetable byproducts or residues.''.
SEC. 702. DEPARTMENT OF AGRICULTURE BIOENERGY PROGRAM.
(a) Definition of Eligible Commodities Under Program.--Subsection
(a)(3) of section 9010 of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 8108) is amended--
(1) by redesignating subparagraphs (B), (C), and (D) as
subparagraphs (C), (D), and (E), respectively; and
(2) by inserting after subparagraph (A) the following new
subparagraph:
``(B) specialty crop agricultural waste, including
waste derived from orchard tree crops, vineyard crops,
and nut crops, and other fruit and vegetable byproducts
or residues.''.
(b) Reauthorization.--Subsection (c) of such section is amended by
striking paragraph (2) and inserting the following new paragraph:
``(2) $50,000,000 for each of fiscal years 2008 through
2012.''.
SEC. 703. GRANTS FOR DEVELOPMENT OF SPECIALTY CROP BIOENERGY PROJECTS.
(a) Biomass Commercial Use Grant Program.--The Secretary of
Agriculture may make a grant to an eligible entity for the purpose of
assisting the person to develop a business plan to use specialty crop
waste and residues as a raw material to produce electric energy,
sensible heat, transportation fuels, substitutes for petroleum-based
products, or other value-added products.
(b) Grant Share.--A grant under this section may not cover more
than 50 percent of the cost to develop the business plan for which the
grant is made.
(c) Selection.--The Secretary shall select grant recipients under
this section after giving consideration to the anticipated public
benefits of the project, including the quantity of specialty crop waste
and residues to be used by the resulting facility, opportunities for
the creation or expansion of specialty crop bioenergy industries, and
the potential for new job creation.
(d) Monitoring of Grant Recipient Activities.--As a condition of a
grant under this section, the grant recipient shall keep such records
as the Secretary may require to fully and accurately disclose the use
of the grant funds.
(e) Report.--Not later than October 1, 2010, the Secretary of
Agriculture shall submit to Congress a report describing the results of
the grant program authorized by this section.
(f) Funding.--Of the funds of the Commodity Credit Corporation, the
Secretary of Agriculture shall make available--
(1) $25,000,000 for fiscal years 2008 and 2009,
(2) $50,000,000 for fiscal year 2010, and
(3) $75,000,000 for fiscal years 2011 and 2012,
to carry out this section.
(g) Definition.--In this section, the term ``eligible entity''
means a college, university, Indian tribe, State department of
agriculture or energy, or research center conducting scientific
research on ethanol production from specialty crops.
TITLE VIII--MISCELLANEOUS PROVISIONS
SEC. 801. SPECIALTY CROP BLOCK GRANTS.
(a) Extension of Program.--Subsection (a) of section 101 of the
Specialty Crops Competitiveness Act of 2004 (Public Law 108-465; 7
U.S.C. 1621 note) is amended by striking ``2009'' and inserting
``2012''.
(b) Funding Source and Increase in Annual Funding.--Subsection (i)
of such section is amended to read as follows:
``(i) Funding.--The Secretary of Agriculture shall use $500,000,000
of funds of the Commodity Credit Corporation for each of the fiscal
years 2008 through 2012 to make grants under this section.''.
(c) Conforming Amendments.--Such section is further amended--
(1) in subsection (a), by striking ``Subject to the
appropriation of funds to carry out this section'' and
inserting ``Using the funds made available under subsection
(i)'';
(2) in subsection (b), by striking ``appropriated pursuant
to the authorization of appropriations in'' and inserting
``made available under''; and
(3) in subsection (c), by striking ``Subject to the
appropriation of sufficient funds to carry out this subsection,
each'' and inserting ``Each''.
SEC. 802. FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT; REQUESTS
BY STATE AGENCIES FOR EXEMPTIONS.
Section 18 of the Federal Insecticide, Fungicide, and Rodenticide
Act (7 U.S.C. 136p) is amended--
(1) by striking ``The Administrator may,'' and inserting
the following:
``(a) In General.--The Administrator may,''; and
(2) by adding at the end the following:
``(b) Request for Exemption; Report to Congress in Case of
Delay.--If a State agency requests an exemption under subsection (a)
and the Administrator does not approve or deny the request within the
50-day period beginning on the date on which the request was submitted
to the Administrator, the Administrator shall submit to the Committee
on Agriculture in the House of Representatives, and the Committee on
Agriculture, Nutrition, and Forestry in the Senate, a report that
provides notice of such fact and an explanation of the reasons
underlying the failure of the Administrator to approve or deny the
request within such period.''.
SEC. 803. PROTECTION OF INTELLECTUAL PROPERTY RIGHTS IN PLANTS AND
PLANT-DERIVED MATERIAL.
(a) Establishment.--The Secretary of Agriculture shall expand the
Office of Technology Transfer of the Department of Agriculture for the
purpose of encouraging the development and protection of intellectual
property rights in plants and material derived from plants.
(b) Duties.--The office shall be an advocate for the interests of
United States producers of specialty crops--
(1) before the Office of Patents, Trademarks, and
Copyrights of the United States Department of Commerce and
other Federal agencies; and
(2) in international governmental and nongovernmental
organizations dealing with intellectual property rights.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Agriculture $10,000,000 for each of
fiscal years 2008 through 2012 to carry out this section.
SEC. 804. GRANT PROGRAM TO IMPROVE TRANSPORTATION INFRASTRUCTURE TO
REDUCE COST OF TRANSPORTATION OF SPECIALTY CROPS.
(a) Grants Authorized.--The Secretary of Agriculture, acting
through the Transportation Services Branch of the Department of
Agriculture, may make grants under this section to an eligible entity
described in subsection (b)--
(1) to expand and improve transportation infrastructure to
improve the cost-effective movement of specialty crops to
local, regional, national, and international markets; and
(2) to address regional intermodal transportation
deficiencies that adversely affect the movement of specialty
crops to markets inside or outside the United States.
(b) Eligible Grant Recipients.--Grants may be made under this
section to any of the following (or a combination thereof):
(1) State and local governments.
(2) Grower cooperatives.
(3) Individual specialty crop producers or groups of
producers.
(4) Individual shippers or State or regional producer and
shipper organizations.
(5) Nonprofit organizations involved in the trucking trade
and research related to the trucking trade.
(c) Matching Funds.--The recipient of a grant under this section
shall contribute an amount of non-Federal funds toward the project for
which the grant is provided that is at least equal to the amount of
grant funds received by the recipient under this section.
(d) Funding.--The Secretary of Agriculture shall use $75,000,000 of
funds of the Commodity Credit Corporation for each of the fiscal years
2008 through 2012 to make grants under this section.
SEC. 805. ADDITIONAL FUNDS FOR AGRICULTURAL MARKETING SERVICE SPECIALTY
CROP MARKET NEWS ACTIVITIES.
From funds of the Commodity Credit Corporation, the Secretary of
Agriculture shall transfer $9,000,000 for each of the fiscal years 2008
through 2012 to the Agricultural Marketing Service to support the
market news activities of the Agricultural Marketing Service regarding
specialty crops.
SEC. 806. VALUE-ADDED GRANTS TO PROMOTE CREATION, EXPANSION, OR
OPERATION OF VALUE-ADDED PROCESSING OF SPECIALTY CROPS.
The Secretary of Agriculture shall use $60,000,000 of funds of the
Commodity Credit Corporation for each of the fiscal years 2008 through
2012 to make grants to promote the creation, expansion, or operation of
value-added processing in connection with the production of a specialty
crop.
SEC. 807. ELIGIBILITY OF LABORERS ADMITTED FOR TEMPORARY RESIDENCE FOR
RURAL HOUSING SERVICE FARM LABOR HOUSING.
(a) In General.--Subparagraph (A) of section 514(f)(3) of the
Housing Act of 1949 (42 U.S.C. 1484(f)(3)(A)) is amended--
(1) by striking ``or'' and inserting a comma; and
(2) by inserting before the semicolon the following: ``, or
a nonimmigrant described in section 101(a)(15)(H)(ii)(a) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(ii)(a))''.
(b) Applicability.--The amendment made by subsection (a) shall
apply with respect to loans and grants made on, before, or after the
date of the enactment of this Act.
SEC. 808. FOOD SAFETY INITIATIVES.
(a) Initiative Authorized.--The Secretary may carry out a food
safety education program to educate the persons involved in the fresh
produce industry and the public about--
(1) scientifically proven practices for reducing
microbiological pathogens on fresh produce; and
(2) methods of reducing the threat of cross-contamination
of fresh produce through unsanitary handling practices.
(b) Cooperation.--The Secretary may carry out the program described
in subsection (a) in cooperation with public or private partners.
(c) Funding.--The Secretary shall use $5,000,000 of the funds of
the Commodity Credit Corporation for fiscal years 2008 through 2012 to
carry out this section.
SEC. 809. IMPLEMENTATION OF FOOD SAFETY PROGRAMS UNDER MARKETING
ORDERS.
Section 8c(7) of the Agricultural Adjustment Act (7 U.S.C.
608c(7)), reenacted with amendments by the Agricultural Marketing
Agreement Act of 1937, is amended by adding at the end the following:
``(E) In the case of an order related to a
specialty crop (as such term is defined in section 3(1)
of the Specialty Crops Competitiveness Act of 2004
(Public Law 108-465; 118 Stat. 3883)), authorizing the
implementation of food safety programs, such as the
implementation of International Organization for
Standardization 9000 standards and Hazard Analysis
Critical Control Points programs, designed to enhance
the safety of the specialty crop and products derived
from specialty crops.''.
SEC. 810. CENSUS OF SPECIALTY CROPS; DISSEMINATION OF INFORMATION.
(a) Census.--
(1) In general.--In 2008, and every five years thereafter,
the Secretary of Agriculture shall conduct a census of
specialty crops.
(2) Inclusion in census on agriculture.--The Secretary may
include the census conducted under paragraph (1) in the census
on agriculture.
(b) Dissemination of Information.--The Secretary shall regularly
develop and disseminate information to the public relating to specialty
crops.
SEC. 811. OFFICE OF PESTICIDE PROGRAMS.
(a) Establishment.--
(1) In general.--The Secretary of Agriculture shall
establish an Office of Pesticide Programs (in this section
referred to as the ``Office'').
(2) Director.--The head of the Office shall be a director
(referred to in this Section as the ``Director'') who shall--
(A) be appointed by the Secretary; and
(B) report directly to the Secretary or a designee
of the Secretary.
(b) Duties.--The Director shall--
(1) develop and coordinate the policy of the Department of
Agriculture on pest management and pesticides;
(2) coordinate activities and services of the Department
(including research, extension, and education activities)
regarding the development, availability, and use of
economically and environmentally sound pest management tools
and practices;
(3) assist other agencies of the Department in fulfilling
the responsibilities of those agencies related to pest
management or pesticides under--
(A) the Food Quality Protection Act of 1996 (7
U.S.C. 136 note; Public Law 104-170);
(B) the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136 et seq.);
(C) the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 301 et seq.); and
(D) other applicable laws, as determined by the
Secretary; and
(4) carry out such other functions as may be prescribed by
the Secretary.
(c) Interagency Coordination.--The Director shall, to the maximum
extent practicable, ensure coordination of interagency activities
with--
(1) the Environmental Protection Agency;
(2) the Food and Drug Administration; and
(3) other applicable Federal and State agencies, as
determined by the President.
(d) Outreach.--The Director shall consult with agricultural
producers, as appropriate, that may be affected by pest management or
pesticide related activities or actions of the Department or other
agencies.
(e) Funding.--The Secretary shall use $5,000,000 of the funds of
the Commodity Credit Corporation for each of fiscal years 2008 through
2012 to carry out this section.
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