daf7b98ea693e9bd510ea2f7399ee7dc404264b203fd7fc763b4407ccc391a92

appropriations and authorizations made for the Department of
Agriculture for fiscal year 2002 under this Act shall be available for
the purchase, in addition to those specifically provided for, of not to
exceed 379 passenger motor vehicles, of which 378 shall be for
replacement only, and for the hire of such vehicles.

a68184c01732aa80b1c28c67718a2066892e32889f5e4b459e42260ba587b0ae

TITLE VII

-GENERAL PROVISIONS

Agriculture shall be available for uniforms or allowances therefor as
authorized by law (5 U.S.C. 5901-5902).

91bbf414fa04417d229a14d53930fd0bf80fbd0ed9908bf691066300211d2ba3

Department of Agriculture in this Act for research and service work
authorized by sections 1 and 10 of the Act of June 29, 1935 (7 U.S.C.
427, 427i; commonly known as the Bankhead-Jones Act), subtitle A of
title II and section 302 of the Act of August 14, 1946 (7 U.S.C. 1621
et seq.), and chapter 63 of title 31, United States Code, shall be
available for contracting in accordance with such Acts and chapter.

b722acf28f178dabdc96cceceff5e792dc1cf66e4d2eb1cee7ad337c6860dfa5

balances of funds appropriated by this Act or other available
unobligated balances of the Department of Agriculture to the Working
Capital Fund for the acquisition of plant and capital equipment
necessary for the delivery of financial, administrative, and
information technology services of primary benefit to the agencies of
the Department of Agriculture: Provided, That none of the funds made
available by this Act or any other Act shall be transferred to the
Working Capital Fund without the prior approval of the agency
administrator: Provided further, That none of the funds transferred to
the Working Capital Fund pursuant to this section shall be available
for obligation without the prior approval of the Committees on
Appropriations of both Houses of Congress.

f9e88a8f6a0ba4b5e4fc9cf885425c002b60f98f39e938d6dd549754c4b93d62

appropriation items in this Act shall remain available until expended:
Animal and Plant Health Inspection Service, the contingency fund to
meet emergency conditions, fruit fly program, emerging plant pests,
integrated systems acquisition project, boll weevil program, up to 25
percent of the screwworm program, and up to $2,000,000 for costs
associated with collocating regional offices; Food Safety and
Inspection Service, field automation and information management
project; Cooperative State Research, Education, and Extension Service,
funds for competitive research grants (7 U.S.C. 450i(b)), funds for the
Research, Education and Economics Information System (REEIS), and funds
for the Native American Institutions Endowment Fund; Farm Service
Agency, salaries and expenses funds made available to county
committees; Foreign Agricultural Service, middle-income country
training program and up to $2,000,000 of the Foreign Agricultural
Service appropriation solely for the purpose of offsetting fluctuations
in international currency exchange rates, subject to documentation by
the Foreign Agricultural Service.

a210ffe0dc35d11c557a2e1504b74248744629d2b6a679f426a6ebcb9b23e2b9

remain available for obligation beyond the current fiscal year unless
expressly so provided herein.

7770463076f9f59a2cd4c29b71d116e217918273a4ebbc20184321af00939d06

the Department of Agriculture in this Act shall be available to provide
appropriate orientation and language training pursuant to section 606C
of the Act of August 28, 1954 (7 U.S.C. 1766b).

13c0beb90cad4de53af5f2bf63b8a7e69def58f16abed802b5a459fd8020a729

negotiated indirect cost rates on cooperative agreements or similar
arrangements between the United States Department of Agriculture and
nonprofit institutions in excess of 10 percent of the total direct cost
of the agreement when the purpose of such cooperative arrangements is
to carry out programs of mutual interest between the two parties. This
does not preclude appropriate payment of indirect costs on grants and
contracts with such institutions when such indirect costs are computed
on a similar basis for all agencies for which appropriations are
provided in this Act.

0b8ec679b09bfcafaca43dd47fcef8e718a81a27953ce6a3f01cdc2467f699d7

restrict the authority of the Commodity Credit Corporation to lease
space for its own use or to lease space on behalf of other agencies of
the Department of Agriculture when such space will be jointly occupied.

3b026dfdb1f3e141d50f58018d2a830436d4608143dbf5829262f5a07290b5f4

indirect costs charged against competitive agricultural research,
education, or extension grant awards issued by the Cooperative State
Research, Education, and Extension Service that exceed 19 percent of
total Federal funds provided under each award: Provided, That
notwithstanding section 1462 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3310), funds
provided by this Act for grants awarded competitively by the
Cooperative State Research, Education, and Extension Service shall be
available to pay full allowable indirect costs for each grant awarded
under section 9 of the Small Business Act (15 U.S.C. 638).

e9772db5470b0521c12db5023663dbb4fe96bd20761198c82ea60a6aa7e8770b

levels provided in this Act shall be considered estimates, not
limitations.

7cddd87fc2c8f81e016865d9b5e5c3f6096bfb824090ed2f3b07fd5fe230d4b2

cost of direct and guaranteed loans made available in fiscal year 2002
shall remain available until expended to cover obligations made in
fiscal year 2002 for the following accounts: the Rural Development Loan
Fund program account; the Rural Telephone Bank program account; the
Rural Electrification and Telecommunications Loans program account; the
Local Television Loan Guarantee program; the Rural Housing Insurance
Fund program account; and the Rural Economic Development Loans program
account.

d89c5004ae803b6fcd719945df0915e66b75d57cefda3783fd122fa30615aff8

Code, marketing services of the Agricultural Marketing Service; the
Grain Inspection, Packers and Stockyards Administration; the Animal and
Plant Health Inspection Service; and the food safety activities of the
Food Safety and Inspection Service may use cooperative agreements to
reflect a relationship between the Agricultural Marketing Service; the
Grain Inspection, Packers and Stockyards Administration; the Animal and
Plant Health Inspection Service; or the Food Safety and Inspection
Service and a state or cooperator to carry out agricultural marketing
programs, to carry out programs to protect the nation's animal and
plant resources, or to carry out educational programs or special
studies to improve the safety of the nation's food supply.

ba7f7a661e4767b03d09cfa338bea247ca9d481ab23e1afc551cb8cf0751069a

than 5 percent of the Class A stock of the Rural Telephone Bank or to
maintain any account or subaccount within the accounting records of the
Rural Telephone Bank the creation of which has not specifically been
authorized by statute: Provided, That notwithstanding any other
provision of law, none of the funds appropriated or otherwise made
available in this Act may be used to transfer to the Treasury or to the
Federal Financing Bank any unobligated balance of the Rural Telephone
Bank telephone liquidating account which is in excess of current
requirements and such balance shall receive interest as set forth for
financial accounts in section 505(c) of the Federal Credit Reform Act
of 1990.

d9849ad30f0e3f2f689a311522de496e381b561121ca3f4df87ebf6d3b14c3ff

$1,800,000 shall be used to cover necessary expenses of activities
related to all advisory committees, panels, commissions, and task
forces of the Department of Agriculture, except for panels used to
comply with negotiated rule makings and panels used to evaluate
competitively awarded grants.

3d1c2567151c1cc86be4ef69b9facced7fc3430d3230bdb3cd21e9a9930fd3fe

carry out section 410 of the Federal Meat Inspection Act (21 U.S.C.
679a) or section 30 of the Poultry Products Inspection Act (21 U.S.C.
471).

d5e40ba6b30ac7569708abee7a1062db5bdbe306d056dee087dcb473447ff7d5

detailed or assigned from an agency or office funded by this Act to any
other agency or office of the Department for more than 30 days unless
the individual's employing agency or office is fully reimbursed by the
receiving agency or office for the salary and expenses of the employee
for the period of assignment.

1c9c39c43d28a03c82ab7e707a2e32e82825b43f96aa5494ea7a3e4e2715d6c6

available to the Department of Agriculture shall be used to transmit or
otherwise make available to any non-Department of Agriculture employee
questions or responses to questions that are a result of information
requested for the appropriations hearing process.

d356bdf0f46b01583b8e85d7256df8c32d43b932223cf14b690ef53daab117bb

Agriculture by this Act may be used to acquire new information
technology systems or significant upgrades, as determined by the Office
of the Chief Information Officer, without the approval of the Chief
Information Officer and the concurrence of the Executive Information
Technology Investment Review Board: Provided, That notwithstanding any
other provision of law, none of the funds appropriated or otherwise
made available by this Act may be transferred to the Office of the
Chief Information Officer without the prior approval of the Committees
on Appropriations of both Houses of Congress.

88a02f69cc60ef0ced474b80b6dee7859c6f6253a0314da7c1cd4b2fed23a2c4

by previous Appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in fiscal year 2002, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure through a
reprogramming of funds which: (1) creates new programs; (2) eliminates
a program, project, or activity; (3) increases funds or personnel by
any means for any project or activity for which funds have been denied
or restricted; (4) relocates an office or employees; (5) reorganizes
offices, programs, or activities; or (6) contracts out or privatizes
any functions or activities presently performed by Federal employees;
unless the Committees on Appropriations of both Houses of Congress are
notified 15 days in advance of such reprogramming of funds.
(b) None of the funds provided by this Act, or provided by previous
Appropriations Acts to the agencies funded by this Act that remain
available for obligation or expenditure in fiscal year 2002, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure for activities,
programs, or projects through a reprogramming of funds in excess of
$500,000 or 10 percent, whichever is less, that: (1) augments existing
programs, projects, or activities; (2) reduces by 10 percent funding
for any existing program, project, or activity, or numbers of personnel
by 10 percent as approved by Congress; or (3) results from any general
savings from a reduction in personnel which would result in a change in
existing programs, activities, or projects as approved by Congress;
unless the Committees on Appropriations of both Houses of Congress are
notified 15 days in advance of such reprogramming of funds.
(c) The Secretary of Agriculture shall notify the Committees on
Appropriations of both Houses of Congress before implementing a program
or activity not carried out during the previous fiscal year unless the
program or activity is funded by this Act or specifically funded by any
other Act.

4396339ddab7d48e04d8186db9038c94fc12d31ec583f8f03165220974aced53

conduct oversight of grants awarded and obligations incurred prior to
enactment of this Act, none of the funds appropriated or otherwise made
available by this or any other Act may be used to pay the salaries and
expenses of personnel to carry out section 793 of Public Law 104-127,
the Fund for Rural America (7 U.S.C. 2204f).

1817d24be3b2e59e7ebd5bdffd85bd0b432bd08eb1f5b97d7943988dca13b4e3

conduct oversight of grants awarded and obligations incurred prior to
enactment of this Act, none of the funds appropriated or otherwise made
available by this or any other Act may be used to pay the salaries and
expenses of personnel to carry out the provisions of section 401 of
Public Law 105-185, the Initiative for Future Agriculture and Food
Systems (7 U.S.C. 7621).

b93bb9da0f0b56eefd4cd795c130ffbb2393eaafb852609d25a912152a21f158

available by this Act shall be used to pay the salaries and expenses of
personnel to carry out a conservation farm option program, as
authorized by section 1240M of the Food Security Act of 1985 (16 U.S.C.
3839bb).

8a2d018e748443d6e21ab360aa705dea8137fc3e240a10da7f106974d02c7586

Administration by this Act shall be used to reduce the Detroit,
Michigan, Food and Drug Administration District Office below the
operating and full-time equivalent staffing level of July 31, 1999; or
to change the Detroit District Office to a station, residence post or
similarly modified office; or to reassign residence posts assigned to
the Detroit District Office: Provided, That this section shall not
apply to Food and Drug Administration field laboratory facilities or
operations currently located in Detroit, Michigan, except that field
laboratory personnel shall be assigned to locations in the general
vicinity of Detroit, Michigan, pursuant to cooperative agreements
between the Food and Drug Administration and other laboratory
facilities associated with the State of Michigan.

1961ead42dedce04a36bb1458667eb597e86b6065e60e52367184ba402dbefa4

Act shall be used to pay the salaries and expenses of personnel who
prepare or submit appropriations language as part of the President's
Budget submission to the Congress of the United States for programs
under the jurisdiction of the Appropriations Subcommittees on
Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies that assumes revenues or reflects a reduction from the
previous year due to user fees proposals that have not been enacted
into law prior to the submission of the Budget unless such Budget
submission identifies which additional spending reductions should occur
in the event the user fees proposals are not enacted prior to the date
of the convening of a committee of conference for the fiscal year 2003
appropriations Act.

509ab83688a5ccfb04a431985a8ca16c79a68671b17f9a7f6c4ffc30cab7ac1d

Act may be used to close or relocate a state Rural Development office
unless or until cost effectiveness and enhancement of program delivery
have been determined.

19be02374e4cbf280d8bc4f0b3a9e1cd4bc893a009e84d387b4d41746a5d35a8

416(b) of the Agricultural Act of 1949 (7 U.S.C. 1431(b)), the
Secretary of Agriculture shall, to the extent practicable, direct that
tonnage equal in value to not more than $25,000,000 shall be made
available to foreign countries to assist in mitigating the effects of
the Human Immunodeficiency Virus and Acquired Immune Deficiency
Syndrome on communities, including the provision of--
(1) agricultural commodities to--
(A) individuals with Human Immunodeficiency Virus or
Acquired Immune Deficiency Syndrome in the communities; and
(B) households in the communities, particularly individuals
caring for orphaned children; and
(2) agricultural commodities monetized to provide other
assistance (including assistance under microcredit and
microenterprise programs) to create or restore sustainable
livelihoods among individuals in the communities, particularly
individuals caring for orphaned children.

0fe70d6cf4e785ad4242021ec7255908bbff5aa4f81b4528fcf9cae7dc269d4f

available by this Act, $2,496,000 is appropriated for the purpose of
providing Bill Emerson and Mickey Leland Hunger Fellowships through the
Congressional Hunger Center.

08dfc5450ab1e0abc6e2f60b444d4b69c213cc5e602fb2af8727b9817df1657f

basis from a credit card services provider under the Department of
Agriculture's charge card programs may be deposited to and retained
without fiscal year limitation in the Department's Working Capital Fund
established under 7 U.S.C. 2235 and used to fund management initiatives
of general benefit to the Department of Agriculture bureaus and offices
as determined by the Secretary of Agriculture or the Secretary's
designee.

7eab9dc70c892dcfbed7483285e86417ad5ef2fd8bfd303ef80e15b870335633

Development and Assistance Act of 1954 (7 U.S.C. 1736f) any balances
available to carry out title III of such Act as of the date of
enactment of this Act, and any recoveries and reimbursements that
become available to carry out title III of such Act, may be used to
carry out title II of such Act.

693e16d68802c6e031e10f3f6c695c2dec46a80165e01fc35de6a0691775015e

Development Act (7 U.S.C. 2008j(e)(6)(B)) is amended by striking
``$25,000,000'' and inserting ``$26,000,000''.

05d9c0193197a45c030163c73c6cc7760eacb91d28a5f9238e0cc70a61535b06

Act shall be used to issue a proposed rule for which the comment period
would close prior to September 30, 2002, final, or interim final rule
pursuant to notice and comment rulemaking in relation to any change or
modification of the definition of ``animal'' in existing regulations
pursuant to the Animal Welfare Act.

1862ce386fe3473afcf07c5473c83da95ab30ddb9345ea04b8c508c0c447a306

Cabot, Arkansas, the City of Berlin, New Hampshire, and the City of
Coachella, California, shall be eligible for loans and grants provided
through the Rural Community Advancement Program.

7d0acb910a3d85b04c69bc17ebe8a5053c191caa9528718885451f2e9a3ee466

shall consider the City of Casa Grande, Arizona, as meeting the
requirements of a rural area in section 520 of the Housing Act of 1949
(42 U.S.C. 1490).

0f42209c5ce55eb2cf17fdebf6ea48f194a16ac046cb6b976aa681088ae7bba0

Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.), the Secretary may use
up to $5,000,000 for administrative costs associated with the
distribution of commodities.

c2bca08aa07f3e4be50410a9f5c79ac26cc11a2cd46d1ebae4a651e03094ed7f

may transfer up to $13,000,000 in funds provided for the Environmental
Quality Incentives Program authorized by chapter 4, subtitle D, title
XII of the Food Security Act of 1985, for technical assistance to
implement the Conservation Reserve Program authorized by subchapter B,
chapter 1, title XII of the Food Security Act of 1985, with funds to
remain available until expended.

fde749079e6574efcf3cb595bd1ffd7503a3392676668b6d093f56e5ac9dc420

St. Joseph, Missouri, shall be eligible for grants and loans
administered by the rural development mission area of the Department of
Agriculture relating to an application submitted to the Department by a
farmer-owned cooperative, a majority of whose members reside in a rural
area, as determined by the Secretary, and for the purchase and
operation of a facility beneficial to the purpose of the cooperative.

7130e4038b2354e2d6ae1414fcea8f8e78ecb1e828435bd33ae71e59d914e15e

of Agriculture shall consider the City of Hollister, California, as
meeting the requirements of a rural area for the purposes of housing
programs in the rural development mission areas of the Department of
Agriculture.

5142ceec493631bdfbc5edca8b65d5642a9c8bd3ac37400d279499de3ea0ffa4

available by this Act may be used to maintain, modify, or implement any
assessment against agricultural producers as part of a commodity
promotion, research, and consumer information order, known as a check-
off program, that has not been approved by the affected producers in
accordance with the statutory requirements applicable to the order.

7854ba2a9d3df8dadd0e94e7bed759619df208cce57550f9978a4f17bb6f2389

Administration by this Act shall be used to close or relocate, or to
plan to close or relocate, the Food and Drug Administration Division of
Drug Analysis (recently renamed the Division of Pharmaceutical
Analysis) in St. Louis, Missouri, except that funds could be used to
plan a possible relocation of this Division within the city limits of
St. Louis, Missouri.

4da333201ea9d133e6324c7039fc2bbc2c12c0aa223da31c76f2066ed6f7cf71

Available.--The Secretary of Agriculture shall use $75,000,000 of funds
of the Commodity Credit Corporation to make payments as soon as
possible after the date of the enactment of this Act to apple producers
to provide relief for the loss of markets for their 2000 crop.
(b) Payment Basis.--The amount of the payment to a producer under
subsection (a) shall be made on a per pound basis equal to each
qualifying producer's 2000 production of apples, except that the
Secretary shall not make payments for that amount of a particular
farm's apple production that is in excess of 20,000,000 pounds.
(c) Duplicative Payments.--A producer shall be ineligible for
payments under this section with respect to a market loss for apples to
the extent of that amount that the producer received as compensation or
assistance for the same loss under any other Federal program, other
than under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.).
(d) Other Terms and Conditions.--The Secretary shall not establish
any terms or conditions for producer eligibility, such as limits based
upon gross income, other than those specified in this section.
(e) Applicability.--This section applies only with respect to the
2000 crop of apples and producers of that crop.

970c354d82c6f0a9c463c265a01d8ee256114336d3036a413104f6f4c4e35115

this Act shall be made available to any person or entity that has been
convicted of violating the Act of March 3, 1933 (41 U.S.C. 10a-10c;
popularly known as the ``Buy American Act'').

cb39ee406f3541a0eeb3c9fcfa3aa7e0862489122674cdb4a075acf1b31a6541

School Lunch Act (42 U.S.C. 1766(a)(2)(B)) is amended by striking
``2001'' and inserting ``2002''.

c0fc978091957d3edf995610150ca1c807b3c98bf02271f8fc6fa9681a1e929d

Resources Conservation Service shall provide financial and technical
assistance in the amount of $150,000 to the Mallard Pointe project in
Madison County, Mississippi.

aa49d6ecdfa6cb329dc0b775075e3b2239b361a4577a8eb063bee4b7a94eadb9

of Agriculture shall, in cooperation with the State of Illinois,
develop and implement a pilot project utilizing conservation programs
of the Department of Agriculture for soil, water, wetlands, and
wildlife habitat enhancement in the Illinois River Basin: Provided,
That no funds shall be made available to carry out this section unless
they are expressly provided for a program in this Act or any other Act
for obligation in fiscal year 2002: Provided further, That any
conservation reserve program enrollments made pursuant to this section
shall be subject to section 734 of this Act.

845684f2c29248b4801c672f88a1a48dfb06a04b7020123cb03b7bc5b6bf574a

Resources Conservation Service shall provide $250,000 for a wetlands
restoration and water conservation project in the vicinity of
Jamestown, Rhode Island.

1f7a7a6998e2a5022422120d8ab106aefacbeee25a3cfd03fc5a195b9986170b

shall be made available from funds under the rural business and
cooperative development programs of the Rural Community Advancement
Program for a grant for an integrated ethanol plant, feedlot, and
animal waste digestion unit, to the extent matching funds from the
Department of Energy are provided if a commitment for such matching
funds is made prior to July 1, 2002: Provided, That such funds shall be
released to the project after the farmer-owned cooperative equity is in
place, and a formally executed commitment from a qualified lender based
upon receipt of necessary permits, contract, and other appropriate
documentation has been secured by the project.

50238ed4aec327d1fb1644d1790efa535d1f52e74b30367528c29c4d1caff0fb

the Administrator of the Rural Utilities Service shall use the
authorities provided in the Rural Electrification Act of 1936 to
finance the acquisition of existing generation, transmission and
distribution systems and facilities serving high cost, predominantly
rural areas by entities capable of and dedicated to providing or
improving service in such areas in an efficient and cost effective
manner.

fb4530b5dff0a0cb7451d98e8cd9510c3f115b08578fbb7a9a96d3221de09c6c

Agricultural Market Transition Act (7 U.S.C. 7272(f)), any assessment
imposed under that subsection for marketings of raw cane sugar or beet
sugar for the 2002 fiscal year shall not be required to be remitted to
the Commodity Credit Corporation before September 2, 2002.

87bb39af3fefc0afe88d990038c5a2e66b3dbcabbba4c30c97b6ced2ca1b94ef

of Agriculture, acting through the Natural Resources Conservation
Service, shall provide financial assistance from available funds from
the Emergency Watershed Protection Program in Arkansas, in an amount
not to exceed $400,000 for completion of the current construction phase
of the Kuhn Bayou (Point Remove) Project.

56c363131612bfb8fa08bcf82199150699710049614f30e669189650cd6defd1

Notwithstanding section 101(a)(1) of the Secure Rural Schools and
Community Self-Determination Act of 2000 (Public Law 106-393; 16 U.S.C.
500 note), for the purpose of making the fiscal year 2001 payments
under section 102 of such Act to eligible States and eligible counties,
the full payment amount for each eligible State and eligible county
shall be deemed to be equal to the full payment amount calculated for
that eligible State or eligible county in the Forest Service document
entitled ``P.L. 106-393, Secure Rural Schools and Community Self-
Determination Act'' and dated July 31, 2001, subject to the adjustment
required by section 101(b) of such Act.
(b) Revision of Table.--For the purpose of making payments under
section 102 of such Act to eligible States and eligible counties for
fiscal years 2002 through 2006, as required by section 101(a)(1) of
such Act, the Secretary of Agriculture shall revise the table referred
to in subsection (a) to accurately reflect, to the maximum extent
practicable, each eligible State's and eligible county's historic share
of the 25-percent payments and safety net payments made for the fiscal
years of the eligibility period.
(c) Reporting Requirement.--Not later than March 1, 2002, the
Secretary of Agriculture shall submit to the Committee on Energy and
Natural Resources of the Senate and the Committee on Agriculture of the
House of Representatives a report containing the revisions made to the
table referred to in subsection (a), as required by subsection (b).
(d) Additional Eligible County Election.--Notwithstanding section
102(b)(2) of such Act, if the revision pursuant to subsection (b) of
the table referred to in subsection (a) results in a reduced full
payment amount for an eligible county that elected under section 102(b)
of such Act to receive the full payment amount, the eligible county
shall have a 90-day period, beginning on the date the revised table is
first available to the public, during which to reconsider and change
its election. The eligible county shall notify the Secretary of
Agriculture of any change in its election before the end of such
period. If an eligible county elects under this subsection to receive
the 25-percent payment in place of the full payment amount, the
election shall be effective for 1 year.
(e) Treatment of Certain Mineral Leasing Receipts.--(1) An eligible
county that elects under section 102(b) of such Act to receive its
share of an eligible State's full payment amount shall continue to
receive its share of any payments made to that State from a lease for
mineral resources issued by the Secretary of the Interior under the
last paragraph under the heading ``forest service.'' in the Act of
March 4, 1917 (Chapter 179; 16 U.S.C. 520).
(2) Section 6(b) of the Mineral Leasing Act for Acquired Lands (30
U.S.C. 355(b)) is amended by inserting after the first sentence the
following new sentence: ``The preceding sentence shall also apply to
any payment to a State derived from a lease for mineral resources
issued by the Secretary of the Interior under the last paragraph under
the heading `forest service.' in the Act of March 4, 1917 (Chapter 179;
16 U.S.C. 520).''.
(f) Definitions.--In this section, the terms ``eligible State'',
``eligible county'', ``eligibility period'', ``full payment amount'',
``25-percent payment'', and ``safety net payments'' have the meanings
given such terms in section 3 of such Act, and the term ``such Act''
means the Secure Rural Schools and Community Self-Determination Act of
2000 (Public Law 106-393; 16 U.S.C. 500 note).

c89c84ca6955fc80918d59534fa3d6262a4d10410549d5e2934cf1a9df8d36cd

of 1949 (42 U.S.C. 1471) is amended in paragraph (5)--
(1) by striking ``(5)'' and inserting ``(5)(A)''; and
(2) by adding at the end the following:
``(B) For purposes of this title, for fiscal years 2002 and
2003, the term `income' does not include dividends received from
the Alaska Permanent Fund by a person who was under the age of 18
years when that person qualified for the dividend.''.

a9966ab926eab8123f94c75e2dc37569b448f4d9b4b566253bd1d18110bba049

to colleges and universities eligible to receive funds under the Act of
August 30, 1890, including Tuskegee University, shall apply to West
Virginia State College at Institute, West Virginia: Provided, That the
Secretary may waive the matching funds' requirement under section 1449
of the National Agricultural Research, Extension, and Teaching Policy
Act of 1977 (7 U.S.C. 3222d) for fiscal year 2002 for West Virginia
State College if the Secretary determines the State of West Virginia
will be unlikely to satisfy the matching requirement.

222bc4a489178f2dd96f71a37d70ae145893c63e88156d746468684233f5c81d

Secretary, acting through the Natural Resources Conservation Service,
shall provide financial and technical assistance relating to the Tanana
River bordering the Big Delta State Historical Park.

f2fb9b8f80e6ffe9a49be6a6b8251befaf165663d49ad6db38bcf1430fd52740

available by this Act to the Food and Drug Administration shall be used
to allow admission of fish or fish products labeled wholly or in part
as ``catfish'' unless the products are taxonomically from the family
Ictaluridae.

c792f36715ec22f141c32f983f6f57420628e3a969e8858f2765d29fe9871d24

unused funds transferred to the Alaska Railroad Corporation for
avalanche control and retransfer up to $499,000 of such funds as a
direct lump sum payment to the City of Valdez to construct an avalanche
control wall to protect a public school.

82f5d322ac8786e49e368e74e21cc7eed058eb1882dbcc75f15e482df4d1ab4d

$5,000,000 of funds of the Commodity Credit Corporation to pay claims
of crop damage, upon consultation with the Secretary of the Interior,
that resulted from the Bureau of Land Management's use of herbicides
during the 2001 calendar year in the State of Idaho: Provided, That if
the amount provided in this section is not sufficient to pay all
approved claims the Secretary of Agriculture shall reduce all approved
claims on a pro rata basis related to the degree of loss in production:
Provided further, That nothing in this section shall be construed to
constitute an admission of liability by the United States arising from
the use by the Bureau of Land Management of the herbicide Oust:
Provided further, That the issuance of regulations promulgated pursuant
to this section shall be made without regard to: (1) the notice and
comment provisions of section 553 of title 5, United States Code; (2)
the Statement of Policy of the Secretary of Agriculture effective July
24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed
rulemaking and public participation in rulemaking; and (3) chapter 35
of title 44, United States Code (commonly known as the ``Paperwork
Reduction Act''): Provided further, That in carrying out this section,
the Secretary shall use the authority provided under section 808 of
title 5, United States Code.

3c5fa3ea5cf05dc1e05a276b1c692f7cdea163ac7ece7c381a06262def25a322

Acreage in Conservation Reserve. (a) In General.--Section 1231(h)(4)(B)
of the Food Security Act of 1985 (16 U.S.C. 3831(h)(4)(B)) is amended
by inserting ``(which may include emerging vegetation in water)'' after
``vegetative cover''.
(b) Conforming Amendment.--Section 1232(a)(4) of the Food Security
Act of 1985 (16 U.S.C. 3832(a)(4)) is amended by inserting ``(which may
include emerging vegetation in water)'' after ``vegetative cover''.

6d0ea486a9ac3c8a743025417c5a6e28db2804b0bc50864800d00e50d9c739ca

(1) In general.--Not later than March 31, 2002, the Secretary
of Agriculture (referred to in this section as the ``Secretary'')
shall conduct referenda among producers of each kind of tobacco
that is eligible for price support under the Agricultural Act of
1949 (7 U.S.C. 1421 et seq.) to determine whether such producers
favor the mandatory grading of that kind of tobacco by the
Secretary.
(2) Mandatory grading.--
(A) In general.--If the Secretary determines that mandatory
grading is favored by a majority of the producers of a kind of
tobacco voting in the referendum, the Secretary is authorized
and directed to ensure that the kind of tobacco is graded at
the time of sale effective for the 2002 and subsequent
marketing years.
(B) Fees.--To the maximum extent practicable, the Secretary
shall establish, collect, and use fees for the grading of
tobacco required under this subsection in the same manner as
user fees for the grading of tobacco sold at auction authorized
under the Tobacco Inspection Act (7 U.S.C. 511 et seq.).
(3) Judicial review.--A determination by the Secretary under
this subsection shall not be subject to judicial review.
(b) Quota Reduction for Conservation Reserve Acreage.--
(1) In general.--Section 1236 of the Food Security Act of 1985
(16 U.S.C. 3836) is amended--
(A) by striking subsection (a);
(B) by redesignating subsections (b), (c), and (d) as
subsections (a), (b), and (c), respectively;
(C) in subsection (b) (as so redesignated), by striking
``subsection (b)'' and inserting ``subsection (a)''; and
(D) in subsection (c) (as so redesignated), by striking
``subsection (c)'' and inserting ``subsection (b)''.
(2) Conforming amendment.--Section 1232(a)(5) of the Food
Security Act of 1985 (16 U.S.C. 3832(a)(5)) is amended by striking
``section 1236(d)'' and inserting ``section 1236(c)''.
(3) Application.--The amendments made by this subsection shall
apply beginning with the 2002 crop.
(c) Horse Breeder Loans.--
(1) Definition of horse breeder.--In this subsection, the term
``horse breeder'' means a person that, as of the date of enactment
of this Act, derives more than 70 percent of the income of the
person from the business of breeding, boarding, raising, training,
or selling horses, during the shorter of--
(A) the 5-year period ending on January 1, 2001; or
(B) the period the person has been engaged in such
business.
(2) Loan authorization.--The Secretary shall make loans to
eligible horse breeders to assist the horse breeders for losses
suffered as a result of mare reproductive loss syndrome.
(3) Eligibility.--A horse breeder shall be eligible for a loan
under this subsection if the Secretary determines that, as a result
of mare reproductive loss syndrome--
(A) during the period beginning January 1 and ending
October 1 of any of calendar years 2000, 2001, or 2002--
(i) 30 percent or more of the mares owned by the horse
breeder failed to conceive, miscarried, aborted, or
otherwise failed to produce a live healthy foal; or
(ii) 30 percent or more of the mares boarded on a farm
owned, operated, or leased by the horse breeder failed to
conceive, miscarried, aborted, or otherwise failed to
produce a live healthy foal;
(B) the horse breeder is unable to meet the financial
obligations, or pay the ordinary and necessary expenses, of the
horse breeder incurred in connection with breeding, boarding,
raising, training, or selling horses; and
(C) the horse breeder is not able to obtain sufficient
credit elsewhere, in accordance with subtitle C of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1961 et
seq.).
(4) Amount.--
(A) In general.--Subject to subparagraph (B), the amount of
a loan made to a horse breeder under this subsection shall be
determined by the Secretary on the basis of the amount of
losses suffered by the horse breeder, and the financial needs
of the horse breeder, as a result of mare reproductive loss
syndrome.
(B) Maximum amount.--The amount of a loan made to a horse
breeder under this subsection shall not exceed the maximum
amount of an emergency loan under section 324(a) of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1964(a)).
(5) Term.--
(A) In general.--Subject to subparagraph (B), the term for
repayment of a loan made to a horse breeder under this
subsection shall be determined by the Secretary based on the
ability of the horse breeder to repay the loan.
(B) Maximum term.--The term of a loan made to a horse
breeder under this subsection shall not exceed 20 years.
(6) Interest rate.--The interest rate for a loan made to a
horse breeder under this subsection shall be the interest rate for
emergency loans prescribed under section 324(b)(1) of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1964(b)(1)).
(7) Security.--A loan to a horse breeder under this subsection
shall be made on the security required for emergency loans under
section 324(d) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1964(d)).
(8) Application.--To be eligible to obtain a loan under this
subsection, a horse breeder shall submit an application for the
loan to the Secretary not later than September 30, 2002.
(9) Funding.--The Secretary shall carry out this subsection
using funds made available to make emergency loans under subtitle C
of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961
et seq.).
(10) Termination.--The authority provided by this subsection to
make a loan terminates effective September 30, 2003.

a2fcbf7068dab1b5109ad3e7cdb4efa7ced29cc3b90851b660793de48f96aba0

of the Federal Crop Insurance Act (7 U.S.C. 1508) shall be applied as
though the term ``and potatoes'' read as follows: ``, potatoes, and
sweet potatoes''.

b5ccac4e16e3c89f21d8ab2b3d899c780fe2ce4d5cbf3a8419f8858aea2baf7a

of the Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 2001 (114 Stat. 1549A-52) is
amended--
(1) in subsection (a) by striking ``The'' and inserting
``Subject to subsection (e), the''; and
(2) in subsection (c), by striking ``2001'' and inserting
``2002''.
(b) Effective Date.--The amendments in subsection (a) shall take
effect as if enacted on September 30, 2001.

9f5dd6f15218593bb47daf2ef9b4f61a67aea8bfe573a1f3c707f420603f7a4f

Development Act (7 U.S.C. 1926(a)(20)) is amended by adding at the end
the following new subparagraph:
``(E) Rural broadband.--Notwithstanding subparagraph (C),
the Secretary may make grants to state agencies for use by
regulatory commissions in states with rural communities without
local dial-up Internet access or broadband service to establish
a competitively, technologically neutral grant program to
telecommunications carriers or cable operators that establish
common carrier facilities and services which, in the
commission's determination, will result in the long-term
availability to such communities of affordable broadband
services which are used for the provision of high speed
Internet access.''.

1d4e5dac9e0c4971b76da4d9fd87f4ae00d2a175b91749a4cdf46a29bd6a22ec

total of $720,000 shall be made available to purchase conservation
easements or other interests in land, not to exceed 235 acres, in
Adair, Green, and Taylor Counties, Kentucky: Provided, That $490,000 of
this amount shall be from funds made available to the Conservation
Reserve Enhancement Program for the State of Kentucky.

03849a91ee516705033e307cb3fcd97d91f506f9409a0d3d75577576b8d4c5f3

Caldwell, Idaho, shall be eligible for grants and loans administered by
the Rural Housing Service of the United States Department of
Agriculture for a period not to exceed 1 year from the date of
enactment of this Act.

d44061ad8dcd5663e9104c57a13a449819a52f10d4246414388b89bc7551d864

of 1937 is amended by adding the following provision at the end of the
penultimate sentence:
``The Secretary is authorized to implement a producer allotment
program and a handler withholding program under the cranberry
marketing order in the same crop year through informal rulemaking
based on a recommendation and supporting economic analysis
submitted by the Cranberry Marketing Committee. Such recommendation
and analysis shall be submitted by the Committee no later than
March 1 of each year.''.

d6729b2a9f6798d791e821e3baa627ca7488c28b2be173e63c9a8c204bb29e00

Lunch Act (42 U.S.C. 1759a(f)) is amended by--
(1) in paragraph (1)(E), by striking ``2001'' and inserting
``2003''; and
(2) in paragraph (2)--
(A) by striking subparagraph (A) and inserting the
following:
``(A) In general.--The Secretary shall submit to the
Committee on Education and the Workforce of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate--
``(i) not later than January 1, 2003, an interim report
on the activities of the State agencies receiving grants
under this subsection; and
``(ii) not later than January 1, 2004, a final report
on the activities of the State agencies receiving grants
under this subsection.''; and
(B) in subparagraph (B), by striking ``report'' and
inserting ``reports''.

62c51d92d938f8f52b950f06e42da38e982722aabe5624ded59e864d7c7b7812

Mt. Vernon, Washington, shall be eligible for grants and loans
administered by the Rural Housing Service of the United States
Department of Agriculture for a period not to exceed 1 year from the
date of enactment of this Act.

46c6c5e68144ed82024899ecc9074e2d1de5932ad5156249eb1d37e4a2962724

Resources Conservation Service shall provide financial and technical
assistance to DuPage County, Illinois, from funds available for the
Watershed and Flood Prevention Operations program, not to exceed
$1,400,000.

e318cbb22db6ee7f04708d96bfb995da909f8178bbe3359a3e9e4d181b70d199

previously appropriated for Watershed and Flood Prevention Operations
of the Natural Resource and Conservation Service, the Secretary of
Agriculture shall provide technical and financial assistance, but not
to exceed $1,000,000, in connection with a lake level stabilization
project carried out as part of local efforts to restore and repair
watersheds damaged by the 2001 tornado and storms in Burnett and
Washburn Counties, Wisconsin: Provided, That the Secretary shall waive
the cost share requirement of the local sponsors of such efforts in
Burnett and Washburn Counties, Wisconsin.

92a2cee5d586783c6c19b4df99024a6c1948ead62a897a9ca0b47df4212320e6

appropriated to the Rural Utilities Service by this Act, any current
Rural Utilities Service borrower within 100 miles of New York City
shall be eligible for additional financing, refinancing, collateral
flexibility, and deferrals on an expedited basis without regard to
population limitations for any financially feasible telecommunications,
energy or water project that assists endeavors related to the
rehabilitation, prevention, relocation, site preparation, or relief
efforts resulting from the terrorist events of September 11, 2001.

27ee3e95b576baadfc582ff619a41a4f61ae0bb012b36c76068f8077641ea83c

School Lunch Act (42 U.S.C. 1766(r)(5)) is amended--
(1) by striking ``six'' and inserting ``seven'';
(2) by striking ``four'' and inserting ``five''; and
(3) by inserting ``Illinois,'' after the first instance of
``States shall be''.

6db7006fcf8af6b45d86dd14f0d05f3f76fd4ba84538d2633fd50ed74992b2b0

Transition Act (7 U.S.C. 7251) is amended--
(1) in subsection (b), by adding at the end the following new
paragraph:
``(5) During the period beginning on January 1, 2002, and
ending on May 31, 2002, $9.90.''; and
(2) in subsection (h), by striking ``December 31, 2001'' both
places it appears and inserting ``May 31, 2002''.
(b) Conforming Amendment.--Section 142 of the Agricultural Market
Transition Act (7 U.S.C. 7252) is repealed.

09d074d73a8e3d9e28b152eb578b554631d0446fca4bf8e5328e563a11cdef56

Beet Sugar Co-op, refined sugar, acquired by the Commodity Credit
Corporation, in the amount of 10,000 tons to compensate sugar producers
in Minnesota for losses incurred beyond those that may be compensated
under existing programs administered by the Secretary: Provided, That
this amount of sugar shall be provided in installments starting on the
day that is 30 days after the date of enactment of this Act and on the
first day of each of the following 7 months after that day.

587d24852614b9d91a948a3ffb9807cd9eec7a104b987fdc36a7637ca21d8cf2

(1) The term ``eligible person'' means a person that--
(A) owns a farm for which, irrespective of temporary
transfers or undermarketings, a basic quota or allotment for
eligible tobacco is established for the 2001 crop year under
part I of subtitle B of title III of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1311 et seq.);
(B) controls the farm from which, under the quota or
allotment for the relevant period, eligible tobacco is
marketed, could have been marketed, or can be marketed, taking
into account temporary transfers; or
(C) grows, could have grown, or can grow eligible tobacco
that is marketed, could have been marketed, or can be marketed
under the quota or allotment for the 2001 crop year, taking
into account temporary transfers.
(2) The term ``eligible tobacco'' means each of the following
kinds of tobacco:
(A) Fire-cured tobacco, comprising types 22 and 23.
(B) Dark air-cured tobacco, comprising types 35 and 36.
(C) Virginia sun-cured tobacco, comprising type 37.
(b) Payments.--Not later than March 31, 2002, the Secretary of
Agriculture (referred to in this section as the ``Secretary'') shall
use funds of the Commodity Credit Corporation to make payments under
this section.
(c) Poundage Payment Quantities.--For the purposes of this section,
in the case of each kind of eligible tobacco, individual tobacco quotas
and allotments shall be converted to poundage payment quantities by
multiplying--
(1) the number of acres that may, irrespective of temporary
transfers or undermarketings, be devoted, without penalty, to the
production of the kind of tobacco under the allotment under part I
of subtitle B of title III of the Agricultural Adjustment Act of
1938 (7 U.S.C. 1311 et seq.) for the 2001 crop year; by
(2)(A) in the case of fire-cured tobacco (types 22 and 23),
2,601 pounds per acre;
(B) in the case of dark air-cured tobacco (types 35 and 36),
2,337 pounds per acre; and
(C) in the case of Virginia sun-cured tobacco (type 37), 1,512
pounds per acre.
(d) Available Payment Amounts.--In the case of each kind of
eligible tobacco, the available payment amount for pounds of a payment
quantity under subsection (c) shall be equal to 10 cents per pound.
(e) Division of Payments Among Eligible Persons.--Payments
available with respect to a pound of payment quantity, as determined
under subsection (d), shall be made available to eligible persons in
accordance with this subsection. In the case of payments made available
in a State under this section for each kind of eligible tobacco, the
Secretary shall distribute (as determined by the Secretary)--
(1) 33\1/3\ percent of the payments to eligible persons that
are owners described in subsection (a)(1)(A);
(2) 33\1/3\ percent of the payments to eligible persons that
are controllers described in subsection (a)(1)(B); and
(3) 33\1/3\ percent of the payments to eligible persons that
are growers described in subsection (a)(1)(C).
(f) Standards.--In carrying out this section, the Secretary shall
use, to the maximum extent practicable, the same standards for payments
that were used for making payments under section 204(b) of the
Agricultural Risk Protection Act of 2000 (7 U.S.C. 1421 note; Public
Law 106-224).
(g) Judicial Review.--A determination by the Secretary under this
section shall not be subject to judicial review.
(h) Regulations.--As soon as practicable after the date of
enactment of this Act, the Secretary and the Commodity Credit
Corporation, as appropriate, shall promulgate such regulations as are
necessary to implement this section. The promulgation of the
regulations and administration of this section shall be made without
regard to--
(1) the notice and comment provisions of section 553 of title
5, United States Code;
(2) the Statement of Policy of the Secretary of Agriculture
effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices
of proposed rulemaking and public participation in rulemaking; and
(3) chapter 35 of title 44, United States Code (commonly known
as the ``Paperwork Reduction Act'').
(i) Congressional Review of Agency Rulemaking.--In carrying out
subsection (h), the Secretary shall use the authority provided under
section 808 of title 5, United States Code.

7cbf7073d511f39d97bd537ca8caaa2d7a4ba6508e3c61bc7b54748f2ab4045e

Act (7 U.S.C. 450i) is amended:
(1) in subsection (b)(3) by adding at the end the following:
``(G) Grants may be awarded to improve research
capabilities in States (as defined in the National Agricultural
Research, Extension, and Teaching Policy Act of 1977, as
amended) in which institutions have been less successful in
receiving funding under this subsection, based on a three-year
rolling average of funding levels.''; and
(2) in subsections (b)(10)(C) by striking ``and (F) of
paragraph (3) for awarding grants in'' and inserting ``, (F), and
(G) of paragraph (3) for''.

14bbf0ee769ed3c59ff428bc244a56038d6c764c71d79c42d11c97e3fc819686

to pay the salaries of personnel of the Department of Agriculture who
carry out the programs authorized by section 524(a) of the Federal Crop
Insurance Act (7 U.S.C. 1524) in excess of a total of $4,000,000 for
all such programs for fiscal year 2002.

398f6f35052cb8ef9ede7f38dfd24d1a70136eb16c38b1b066c10ebbdff7a82e

Assistance Act of 1954 (7 U.S.C. 1737) is amended--
(1) in the section heading, by inserting ``john ogonowski''
before ``farmer-to-farmer program''; and
(2) by adding at the end the following new subsection:
``(d) Designation of Program.--The program of farmer-to-farmer
assistance authorized by this section shall be known and designated as
the `John Ogonowski Farmer-to-Farmer Program'.''.
This Act may be cited as the ``Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations Act,
2002''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

51b2ee35101d2fd628e90d90204bf6ea30098892056df7174680290d663d2349

Agriculture FY2002 Appropriations bill

Other Sections

TITLE VII

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