US Codex
Bill
Notes

Title XII — Miscellaneous

S. 10 · 113th Congress · Jan 22, 2013 · Lineage

XII Miscellaneous

A Socially disadvantaged producers and limited resource producers

Sec. 12001 Outreach and assistance for socially disadvantaged farmers and ranchers and veteran farmers and ranchers

(a)
Outreach and assistance for socially disadvantaged farmers and ranchers and veteran farmers and ranchers— Section 2501 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279) is amended—
(1)
in the section heading, by inserting “and veteran farmers and ranchers” after “ranchers”;
(2)
in subsection (a)—
(A)
in paragraph (2)(B)(i), by inserting “and veteran farmers or ranchers” after “ranchers”; and
(B)
in paragraph (4)—
(i)
in subparagraph (A)—
(I)
in the heading, by striking “Fiscal years 2009 through 2012” and inserting “Mandatory funding”;
(II)
in clause (i), by striking “and” at the end;
(III)
in clause (ii), by striking the period at the end and inserting “; and”; and
(IV)
by adding at the end the following:

“(iii) $5,000,000 for each of fiscal years 2014 through 2018.”

(ii)
by striking subparagraph (B) and inserting the following:

“(B) Authorization of appropriations—There is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2014 through 2018.”

(3)
in subsection (b)(2), by inserting “or veteran farmers and ranchers” after “socially disadvantaged farmers and ranchers”; and
(4)
in subsection (c)—
(A)
in paragraph (1)(A), by inserting “veteran farmers or ranchers and” before “members”; and
(B)
in paragraph (2)(A), by inserting “veteran farmers or ranchers and” before “members”.
(b)
Definition of veteran farmer or rancher— Section 2501(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(e)) is amended by adding at the end the following:

“(7) Veteran farmer or rancher—The term “veteran farmer or rancher” means a farmer or rancher who served in the active military, naval, or air service, and who was discharged or released from the service under conditions other than dishonorable.”

Sec. 12002 Office of Advocacy and Outreach

Section 226B(f)(3) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6934(f)(3)) is amended to read as follows:

“(3) Authorization of appropriations—There are authorized to be appropriated to carry out this subsection—

“(A) such sums as are necessary for each of fiscal years 2009 through 2013; and

“(B) $2,000,000 for each of fiscal years 2014 through 2018.”

B Livestock

Sec. 12101 Wildlife reservoir zoonotic disease initiative

Title IV of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7621 et seq.) is amended by adding at the end the following:

“413. Wildlife reservoir zoonotic disease initiative

“(a) Definition of covered disease—In this section, the term covered disease means a zoonotic disease affecting domestic livestock that is transmitted primarily from wildlife.

“(b) Establishment—There is established within the Department a wildlife reservoir zoonotic disease initiative to provide assistance through Coordinated Agricultural Project grants for research and development of surveillance methods, vaccines, vaccination delivery systems, or diagnostic tests for covered diseases.

“(c) Covered disease

“(1) In general—To be eligible for a grant under this section, an eligible entity shall conduct research and development of surveillance methods, vaccines, vaccination delivery systems, or diagnostic tests for covered diseases in—

“(A) a wildlife reservoir in the United States; or

“(B) domestic livestock or wildlife presenting a potential concern to public health.

“(2) Priority—In making grants under this section, the Secretary shall give priority to grants that address—

“(A) Brucella abortus (Bovine Brucellosis);

“(B) Mycobacterium bovis (Bovine Tuberculosis); or

“(C) other zoonotic disease in livestock that is covered by a high-priority research and extension initiative conducted under section 1672 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925).

“(d) Eligible entities—The Secretary shall carry out the initiative established under subsection (b) through public scientific research consortia that may consist of members from—

“(1) Federal agencies;

“(2) National Laboratories;

“(3) institutions of higher education;

“(4) research institutions and organizations; or

“(5) State agricultural experiment stations.

“(e) Research projects—In carrying out this section, the Secretary shall award grants on a competitive basis.

“(f) Administration

“(1) In general—In the case of grants awarded under this section, the Secretary shall—

“(A) seek and accept proposals for grants;

“(B) determine the relevance and merit of proposals through a system of peer and merit review in accordance with section 103;

“(C) award grants on the basis of merit, quality, and relevance; and

“(D) manage the initiative established under subsection (b) using a Coordinated Agricultural Project format.

“(2) Term—The term of a grant under this section may not exceed 10 years.

“(3) Matching funds required—The Secretary shall require the recipient of a grant under this section to provide funds or in-kind support from non-Federal sources in an amount that is not less than 25 percent of the amount provided by the Federal Government.

“(4) Other conditions—The Secretary may set such other conditions on the award of a grant under this section as the Secretary determines to be appropriate.

“(g) Buildings and facilities—Funds made available under this section shall not be used for—

“(1) the construction of a new building or facility; or

“(2) the acquisition, expansion, remodeling, or alteration of an existing building or facility (including site grading and improvement and architect fees).

“(h) Authorization of appropriations

“(1) In general—There is authorized to be appropriated to carry out this section $7,000,000 for each of fiscal years 2014 through 2018.

“(2) Allocation—Of the amount made available for a fiscal year under paragraph (1), the Secretary shall use not less than 30 percent of the amount for the fiscal year to carry out activities under each of subparagraphs (A) and (B) of subsection (c)(2).”

Sec. 12102 Trichinae certification program

Section 10405(d)(1) of the Animal Health Protection Act (7 U.S.C. 8304(d)(1)) is amended in subparagraphs (A) and (B) by striking “2012” each place it appears and inserting “2018”.

Sec. 12103 National Aquatic Animal Health Plan

Section 11013(d) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8322(d)) is amended by striking “2012” and inserting “2018”.

Sec. 12104 Sheep production and marketing grant program

(a)
In general— Subtitle A of the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.) is amended by adding at the end the following:

“209. Sheep production and marketing grant program

“(a) Establishment—The Secretary, acting through the Administrator of the Agricultural Marketing Service (referred to in this section as the “Secretary”) shall establish a competitive grant program for the purposes of improving the United States sheep industry.

“(b) Purpose—The purpose of the grant program shall be to strengthen and enhance the production and marketing of sheep and sheep products, including improvement of—

“(1) infrastructure;

“(2) business;

“(3) resource development; and

“(4) innovative approaches to solve long-term needs.

“(c) Eligibility—The Secretary shall make grants under this section to 1 or more national entities the mission of which is consistent with the purpose of the grant program.

“(d) Funding—Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $1,500,000 for fiscal year 2014, to remain available until expended.”

(b)
Conforming amendment— Section 374 of the Consolidated Farm and Rural Development Act (7 U.S.C. 2008j) (as in existence on the day before the date of enactment of this Act) is—
(1)
amended in subsection (e)—
(A)
in paragraph (3)(D), by striking “3 percent” and inserting “10 percent”; and
(B)
by striking paragraph (6); and
(2)
redesignated as section 210 of the Agricultural Marketing Act of 1946; and
(3)
moved so as to appear at the end of subtitle A of that Act (as amended by subsection (a)).

Sec. 12105 Feral swine eradication pilot program

(a)
In general— To eradicate or control the threat feral swine pose to the domestic swine population, the entire livestock industry, and the destruction of crops and natural plant communities and native habitats, the Secretary of Agriculture may establish a feral swine eradication pilot program.
(b)
Pilot— Subject to the availability of appropriations under this section, the Secretary may provide financial assistance for the cost of carrying out a pilot program—
(1)
to study and assess the nature and extent of damage to the pilot area caused by feral swine;
(2)
to develop methods to eradicate or control feral swine in the pilot area; and
(3)
to develop methods to restore damage caused by feral swine.
(c)
Coordination— The Secretary shall ensure that the Natural Resource Conservation Service and the Animal and Plant Health Inspection Service coordinate to carry out the pilot program.
(d)
Cost sharing—
(1)
Federal share— The Federal share of the costs of the pilot program under this section may not exceed 75 percent of the total costs of carrying out the pilot program.
(2)
In-kind contributions— The non-Federal share of the costs of the pilot program may be provided in the form of in-kind contributions of materials or services.
(e)
Limitation on administrative expenses— Not more than 10 percent of financial assistance provided by the Secretary under this section may be used for administrative expenses.
(f)
Authorization of appropriations— There is authorized to be appropriated to carry out this section $2,000,000 for each of fiscal years 2014 through 2018.

C Other miscellaneous provisions

Sec. 12201 Military Veterans Agricultural Liaison

(a)
In general— Subtitle A of the Department of Agriculture Reorganization Act of 1994 is amended by inserting after section 218 (7 U.S.C. 6918) the following:

“219. Military Veterans Agricultural Liaison

“(a) Authorization—The Secretary shall establish in the Department the position of Military Veterans Agricultural Liaison.

“(b) Duties—The Military Veterans Agricultural Liaison shall—

“(1) provide information to returning veterans about, and connect returning veterans with, beginning farmer training and agricultural vocational and rehabilitation programs appropriate to the needs and interests of returning veterans, including assisting veterans in using Federal veterans educational benefits for purposes relating to beginning a farming or ranching career;

“(2) provide information to veterans concerning the availability of and eligibility requirements for participation in agricultural programs, with particular emphasis on beginning farmer and rancher programs;

“(3) serving as a resource for assisting veteran farmers and ranchers, and potential farmers and ranchers, in applying for participation in agricultural programs; and

“(4) advocating on behalf of veterans in interactions with employees of the Department.

“(c) Contracts and cooperative agreements—For purposes of carrying out the duties under subsection (b), the Military Veterans Agricultural Liaison may enter into contracts or cooperative agreements with the research centers of the Agricultural Research Service, institutions of higher education, or nonprofit organizations for—

“(1) the conduct of regional research on the profitability of small farms;

“(2) the development of educational materials;

“(3) the conduct of workshops, courses, and certified vocational training;

“(4) the conduct of mentoring activities; or

“(5) the provision of internship opportunities.”

(b)
Conforming amendments— Section 296(b) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 7014(b)) (as amended by section 4206(b)) is amended—
(1)
in paragraph (8), by striking the “or” at the end;
(2)
in paragraph (9), by striking the period at the end and inserting “; or”; and
(3)
by adding at the end the following:

“(10) the authority of the Secretary to establish in the Department the position of Military Veterans Agricultural Liaison in accordance with section 219.”

Sec. 12202 Information gathering

Section 1619(b)(3) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8791) is amended by adding at the end the following:

“(B) Cooperation with State and local governments

“(i) In general—Subject to clause (ii), in the case of a State agency, political subdivision, or local governmental agency that is charged with implementing an agriculture or conservation program under State law, on request of the State agency, political subdivision, or local governmental agency, the information described in paragraph (2) shall be disclosed to the State agency, political subdivision, or local governmental agency if the Secretary determines that the State agency, political subdivision, or local governmental agency demonstrates that the disclosure is required for implementing the State program.

“(ii) Restriction—Any information disclosed to a State agency, political subdivision, or local governmental agency under clause (i) shall be—

“(I) used solely by the State agency, political subdivision, or local governmental agency; and

“(II) exempt from disclosure to the public, including under any State law that allows a citizen to petition a State agency for that information.”

Sec. 12203 Grants to improve supply, stability, safety, and training of agricultural labor force

Section 14204(d) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 2008q–1(d)) is amended to read as follows:

“(d) Authorization of appropriations—There are authorized to be appropriated to carry out this section—

“(1) such sums as are necessary for each of fiscal years 2008 through 2013; and

“(2) $10,000,000 for each of fiscal years 2014 through 2018.”

Sec. 12204 Noninsured crop assistance program

(a)
In general— Section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333) is amended—
(1)
in subsection (a)—
(A)
by striking paragraph (1) and inserting the following:

“(1) In general

“(A) Coverages—In the case of an eligible crop described in paragraph (2), the Secretary of Agriculture shall operate a noninsured crop disaster assistance program to provide coverages based on individual yields (other than for value-loss crops) equivalent to—

“(i) catastrophic risk protection available under section 508(b) of the Federal Crop Insurance Act (7 U.S.C. 1508(b)); or

“(ii) additional coverage available under subsections (c) and (h) of section 508 of that Act (7 U.S.C. 1508) that does not exceed 65 percent.

“(B) Administration—The Secretary shall carry out this section through the Farm Service Agency (referred to in this section as the “Agency”).”

(B)
in paragraph (2)—
(i)
in subparagraph (A)—
(I)
in the matter before clause (i), by striking “(except livestock)” and inserting “(except livestock and crops and grasses used for grazing)”;
(II)
in clause (i), by striking “and” after the semicolon at the end;
(III)
by redesignating clause (ii) as clause (iii); and
(IV)
by inserting after clause (i) the following:

“(ii) for which additional coverage under subsections (c) and (h) of section 508 of that Act (7 U.S.C. 1508) is not available; and”

(ii)
in subparagraph (B)—
(I)
by inserting “(except ferns)” after “floricultural”;
(II)
by inserting “(except ferns)” after “ornamental nursery”; and
(III)
by striking “(including ornamental fish)” and inserting “(including ornamental fish, but excluding tropical fish)”;
(2)
in subsection (d), by striking “The Secretary” and inserting “Subject to subsection (l), the Secretary”;
(3)
in subsection (k)(1)—
(A)
in subparagraph (A), by striking “$250” and inserting “$260”; and
(B)
in subparagraph (B)—
(i)
by striking “$750” and inserting “$780”; and
(ii)
by striking “$1,875” and inserting “$1,950”; and
(4)
by adding at the end the following:

“(l) Payment equivalent to additional coverage

“(1) In general—The Secretary shall make available to a producer eligible for noninsured assistance under this section a payment equivalent to an indemnity for additional coverage under subsections (c) and (h) of section 508 of the Federal Crop Insurance Act (7 U.S.C. 1508) that does not exceed 65 percent, computed by multiplying—

“(A) the quantity that is less than 50 to 65 percent of the established yield for the crop, as determined by the Secretary, specified in increments of 5 percent;

“(B) 100 percent of the average market price for the crop, as determined by the Secretary; and

“(C) a payment rate for the type of crop, as determined by the Secretary, that reflects—

“(i) in the case of a crop that is produced with a significant and variable harvesting expense, the decreasing cost incurred in the production cycle for the crop that is, as applicable—

“(I) harvested;

“(II) planted but not harvested; or

“(III) prevented from being planted because of drought, flood, or other natural disaster, as determined by the Secretary; or

“(ii) in the case of a crop that is produced without a significant and variable harvesting expense, such rate as shall be determined by the Secretary.

“(2) Premium—To be eligible to receive a payment under this subsection, a producer shall pay—

“(A) the service fee required by subsection (k); and

“(B) a premium for the applicable crop year that is equal to—

“(i) the product obtained by multiplying—

“(I) the number of acres devoted to the eligible crop;

“(II) the yield, as determined by the Secretary under subsection (e);

“(III) the coverage level elected by the producer;

“(IV) the average market price, as determined by the Secretary; and

“(ii) 5.25-percent premium fee.

“(3) Limited resource, beginning, and socially disadvantaged farmers—The additional coverage made available under this subsection shall be available to limited resource, beginning, and socially disadvantaged producers, as determined by the Secretary, in exchange for a premium that is 50 percent of the premium determined for a producer under paragraph (2).

“(4) Additional availability

“(A) In general—As soon as practicable after October 1, 2013, the Secretary shall make assistance available to producers of an otherwise eligible crop described in subsection (a)(2) that suffered losses—

“(i) to a 2012 annual fruit crop grown on a bush or tree; and

“(ii) in a county covered by a declaration by the Secretary of a natural disaster for production losses due to a freeze or frost.

“(B) Assistance—The Secretary shall make assistance available under subparagraph (A) in an amount equivalent to assistance available under paragraph (1), less any fees not previously paid under paragraph (2).”

(b)
Termination date—
(1)
In general— Effective October 1, 2018, subsection (a) and the amendments made by subsection (a) (other than the amendments made by clauses (i)(I) and (ii) of subsection (a)(1)(B)) are repealed.
(2)
Administration— Effective October 1, 2018, section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333) shall be applied and administered as if subsection (a) and the amendments made by subsection (a) (other than the amendments made by clauses (i)(I) and (ii) of subsection (a)(1)(B)) had not been enacted.

Sec. 12205 Regional economic and infrastructure development

Section 15751 of title 40, United States Code, is amended—
(1)
in subsection (a), by striking “2012” and inserting “2018”; and
(2)
in subsection (b)—
(A)
by striking “Not more than” and inserting the following:

“(1) In general—Except as provided in paragraph (2), not more than”

(B)
by adding at the end the following:

“(2) Limited funding—In a case in which less than $10,000,000 is made available to a Commission for a fiscal year under this section, paragraph (1) shall not apply.”

Sec. 12206 Canada geese removal

(a)
In general— On a determination by the Administrator of the Federal Aviation Administration that the population of Canada geese residing on land under the jurisdiction of the National Park Service that is located within 5 miles of any commercial airport poses a risk to flight safety, the Secretary (acting through the Administrator of the Animal and Plant Health Inspection Service), in consultation with the Secretary of the Interior and the Administrator of the Federal Aviation Administration, shall—
(1)
by the first subsequent molting period for Canada geese that occurs after the date of enactment of this Act, publish a management plan that provides for the removal, by not later than 1 year after the date of publication, of all Canada geese residing on the applicable land; and
(2)
as soon as practicable after the date of publication of the management plan under paragraph (1), commence removal of Canada geese from the applicable land.
(b)
JFK International Airport— Not later than June 1, 2012, the Secretary (acting through the Administrator of the Animal and Plant Health Inspection Service) shall—
(1)
issue a record of decision for the document entitled “Supplement to the Environmental Impact Statement Bird Hazard Reduction Program: John F. Kennedy International Airport”; and
(2)
commence consultation with the Secretary of the Interior to complete the collection and removal of Canada geese from the applicable National Park Service land to ensure that the removal is completed by not later than August 1, 2012.

Sec. 12207 Office of Tribal Relations

(a)
In general— Title III of the Department of Agriculture Reorganization Act of 1994 is amended by adding after section 308 (7 U.S.C. 3125a note; Public Law 103–354) the following:

“309. Office of Tribal Relations

“The Secretary shall establish in the Office of the Secretary an Office of Tribal Relations.”

(b)
Conforming amendments— Section 296(b) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 7014(b)) (as amended by section 12201(b)) is amended—
(1)
in paragraph (8), by striking “or” at the end;
(2)
in paragraph (9), by striking the period at the end and inserting “; or”; and
(3)
by adding at the end the following:

“(10) the authority of the Secretary to establish in the Office of the Secretary the Office of Tribal Relations in accordance with section 309.”

Sec. 12208 Repeal of duplicative program

(a)
In general— Effective on the date of enactment of the Food, Conservation, and Energy Act (7 U.S.C. 8701 et seq.), section 11016 of that Act (Public Law 110–246; 122 Stat. 2130) and the amendments made by that section are repealed.
(b)
Application— The Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.) and the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) shall be applied and administered as if section 11016 of the Food, Conservation, and Energy Act (Public Law 110–246; 122 Stat. 2130) and the amendments made by that section had not been enacted.

Sec. 12209 Sense of the Senate

It is the sense of the Senate that nothing in this Act or an amendment made by this Act should manipulate prices or interfere with the free market.

Sec. 12210 Acer Access and Development Program

(a)
Grants authorized; authorized activities— The Secretary of Agriculture may make grants to States and tribal governments to support their efforts to promote the domestic maple syrup industry through the following activities:
(1)
Promotion of research and education related to maple syrup production.
(2)
Promotion of natural resource sustainability in the maple syrup industry.
(3)
Market promotion for maple syrup and maple-sap products.
(4)
Encouragement of owners and operators of privately held land containing species of tree in the genus Acer—
(A)
to initiate or expand maple-sugaring activities on the land; or
(B)
to voluntarily make the land available, including by lease or other means, for access by the public for maple-sugaring activities.
(b)
Applications— In submitting an application for a grant under this section, a State or tribal government shall include—
(1)
a description of the activities to be supported using the grant funds;
(2)
a description of the benefits that the State or tribal government intends to achieve as a result of engaging in such activities; and
(3)
an estimate of the increase in maple-sugaring activities or maple syrup production that the State or tribal government anticipates will occur as a result of engaging in such activities.
(c)
Relationship to other laws— Nothing in this section preempts a State or tribal government law, including any State or tribal government liability law.
(d)
Definition of maple sugaring— In this section, the term maple-sugaring means the collection of sap from any species of tree in the genus Acer for the purpose of boiling to produce food.
(e)
Regulations— The Secretary of Agriculture shall promulgate such regulations as are necessary to carry out this section.
(f)
Authorization of appropriations— There is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2012 through 2015.

Sec. 12211 Definition of rural area for purposes of the Housing Act of 1949

The second sentence of section 520 of the Housing Act of 1949 (42 U.S.C. 1490) is amended—
(1)
by striking “1990 or 2000 decennial census shall continue to be so classified until the receipt of data from the decennial census in the year 2010” and inserting “1990, 2000, or 2010 decennial census, and any area deemed to be a “rural area” for purposes of this title under any other provision of law at any time during the period beginning January 1, 2000, and ending December 31, 2010, shall continue to be so classified until the receipt of data from the decennial census in the year 2020”; and
(2)
by striking “25,000” and inserting “35,000”.

Sec. 12212 Prohibition on attending an animal fight or causing a minor to attend an animal fight; enforcement of animal fighting provisions

(a)
Prohibition on attending an animal fight or causing a minor To attend an animal fight— Section 26 of the Animal Welfare Act (7 U.S.C. 2156) is amended—
(1)
in subsection (a)—
(A)
in the heading, by striking “Sponsoring or Exhibiting an Animal in” and inserting “Sponsoring or Exhibiting an Animal in, Attending, or Causing a Minor To Attend”;
(B)
in paragraph (1)—
(i)
in the heading, by striking “In general” and inserting “Sponsoring or Exhibiting”; and
(ii)
by striking “paragraph (2)” and inserting “paragraph (3)”;
(C)
by redesignating paragraph (2) as paragraph (3); and
(D)
by inserting after paragraph (1) the following new paragraph:

“(2) Attending or causing a minor to attend—It shall be unlawful for any person to—

“(A) knowingly attend an animal fighting venture; or

“(B) knowingly cause a minor to attend an animal fighting venture.”

(2)
in subsection (g), by adding at the end the following new paragraph:

“(5) the term minor means a person under the age of 18 years old.”

(b)
Enforcement of animal fighting prohibitions— Section 49 of title 18, United States Code, is amended—
(1)
by striking “Whoever” and inserting “(a) In general.—Whoever”;
(2)
in subsection (a), as designated by paragraph (1) of this section, by striking “subsection (a),” and inserting “subsection (a)(1),”; and
(3)
by adding at the end the following new subsections:

“(b) Attending an animal fighting venture—Whoever violates subsection (a)(2)(A) of section 26 of the Animal Welfare Act (7 U.S.C. 2156) shall be fined under this title, imprisoned for not more than 1 year, or both, for each violation.

“(c) Causing a minor To attend an animal fighting venture—Whoever violates subsection (a)(2)(B) of section 26 (7 U.S.C. 2156) of the Animal Welfare Act shall be fined under this title, imprisoned for not more than 3 years, or both, for each violation.”