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Page:United States Statutes at Large Volume 99 Part 2.djvu/378

 99 STAT. 1488

PUBLIC LAW 99-198—DEC. 23, 1985 "(B) for each of the fiscal years ending September 30, 1989 and September 30, 1990, not more than $1,000,000,000.". AGRICULTURAL ATTACH^ REPORTS

7 USC I736x.

Exports.

International agreements.

Exports.

SEC. 1132. (a) The Secretary of Agriculture shall require appropriate officers and employees of the Department of Agriculture, including those stationed in foreign countries, to prepare and submit annually to the Secretary detailed reports that— (1) document the nature and extent of— (A) programs in such countries that provide direct or indirect government support for the export of agricultural commodities and the products thereof; and (B) other trade practices that may impede the entry of ^ United States agricultural commodities and the products thereof into such countries; and (2) identify opportunities for the export of United States agricultural commodities and the products thereof to such countries. (b) The Secretary shall annually compile the information contained in such reports and make such information available to Congress, the Agricultural Policy Advisory Committee and the agricultural technical advisory committees established under section 135 of the Trade Act of 1974 (19 U.S.C. 2155), and other interested parties. (c) The United States Trade Representative shall— (1) review the reports prepared under subsection (a) and any other information available to identify export subsidies or other export enhancing techniques (within the meaning of the agreement on Interpretation and Application of Articles VI, XVI, and XXIII of the General Agreement on Tariffs and Trade); (2) identify markets (in order of priority) in which United States export subsidies can be used most efficiently and will have the greatest impact in offsetting the benefits of foreign export subsidies that— (A) harm United States exports, (B) are inconsistent with the Agreement on Interpretation and Application of Articles VI, XVI, and XXin of the General Agreement on Tariffs and Trade, -~ (C) nullify or impair benefits accruing to the United States Under international agreements, or (D) cause serious prejudice to the interests of the United States and (3) submit to the Congress and to the Secretary of Agriculture an annual report on— (A) the existence and status of export subsidies and other export enhancing techniques that are the subject of the investigation conducted under paragraph (1), and (B) the identification and assignment of priority to markets under paragraph (2). (d) The Secretary and the United States Trade Representative shall convene a meeting, at least once a year, of the Agricultural Policy Advisory Committee and the agricultural technical advisory committees to develop specific recommendations for actions to be taken by the Federal Government and private industry to—

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 PUBLIC LAW 99-198—DEC. 23, 1985

99 STAT. 1489

(1) reduce or eliminate trade barriers or distortions identified in the annual reports required to be submitted under subsections (a) and (c); and (2) expand United States agricultural export opportunities Exports. identified in such annual reports. CONTRACT SANCTTTY AND PRODUCER EMBARGO PROTECTION

SEC. 1133. (a) It is hereby declared to be the policy of the United States— (1) to foster and encourage the export of agricultural commodities and the products of such commodities; (2) not to restrict or limit the export of such commodities and products except under the most compelling circumstances; (3) that any prohibition or limitation on the export of such commodities or products should be imposed only in time of a national emergency declared by the President under the Export Administration Act; and (4) that contracts for the export of such commodities or products entered into before the imposition of any prohibition or limitation on the export of such commodities or products should not be abrogated. (b) Section 1204 of the Agriculture and Food Act of 1981 (7 U.S.C. 1736J) is amended— (1) in subsection (a), by striking out "involved by" and all that follows through the period and inserting in lieu thereof "involved by making payments available to such producers, as provided in subsection (b) of this section."; (2) by striking out "clause (1) of' in subsection (b); (3) by striking out subsection (d); and (4) by redesignating subsections (e), (f), and (g) as subsections (d), (e), and (f), respectively.

Exports. 7 USC 1736y.

STUDY TO REDUCE FOREIGN EXCHANGE RISK

SEC. 1134. (a) The Secretary of Agriculture shall conduct a study Exports. to determine the feasibility, practicability and cost of implementing a program to reduce the risk of foreign exchange fluctuations that is incurred by the purchasers of United States agricultural exports under United States export credit promotion programs. The purpose of the study is to examine whether the GSM-102 program and all other United States export credit initiatives relating to agricultural exports would be enhanced by the United States assuming the foreign exchange risk of the buyer which resulted from a rise in the value of the United States doUar compared to the trade-weighted index of the dollar. The index referred to is the "trade-weighted index" published by the Department of Commerce as a measurement of the relative buying power of the dollar compared to the currencies of nations trading with the United States. The elements of the program to be considered in this study would include the following: (1) On the date a foreign buyer receives GSM-102 or other Loans. credit for purposes of purchasing United States agricultural products, the maximum loan repayment exchange rate would be tied to the trade-weighted value of the United States dollar on the same date.

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license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


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Page:United States Statutes at Large Volume 99 Part 2.djvu/380

 99 STAT. 1490 Loans.

PUBLIC L A W 99-198—DEC. 23, 1985

(2) If in the future the United States dollar gains in strength (a higher trade-weighted index), the buyer would continue to repay the loan at the lower value fixed at the time the GSM-102 credit was extended. (3) If the United States dollar falls in value during the term of the repayment period, the foreign buyer could calculate his repayment on the lower dollar value. (b) Not later than six months after the enactment of this Act, the Secretary shall report the results of such study to the Committee on Agriculture of the House of Representatives and to the Committee on Agriculture, Nutrition, and Forestry of the Senate. Subtitle C—Export Transportation of Agricultural Commodities FINDINGS AND DECLARATIONS

Defense and national 46^USC app I24ld.

SEC. 1141. (a) The Congress finds and declares— (1) that a productive and healthy agricultural industry and a strong and active United States maritime industry are vitally important to the economic well-being and national security objectives of our Nation; (2) that both industries must compete in international markets increasingly dominated by foreign trade barriers and the subsidization practices of foreign governments; and Vessels. (3) that increased agricultural exports and the utilization of United States merchant vessels contribute positively to the United States balance of trade and generate employment opportunities in the United States, (b) It is therefore declared to be the purpose and policy of the Congress in this subtitle— (1) to enable the Department of Agriculture to plan its export programs effectively, by clarifying the ocean transportation requirements applicable to such programs; (2) to take immediate and positive steps to promote the growth of the cargo carrying capacity of the United States ,^ merchant marine; (3) to expand international trade in United States agricultural commodities and products and to develop, maintain, and expand markets for United States agricultural exports; (4) to improve the efficiency of administration of both the commodity purchasing and selling and the ocean transportation activities associated with export programs sponsored by the Department of Agriculture; f (5) to stimulate and promote both the agricultural and marif time industries of the United States and encourage cooperative efforts by both industries to address their common problems; and 46 USC 1245 et (6) to provide in the Merchant Marine Act, 1936, for the seq. appropriate disposition of these findings and purposes. EXEMPTION OF CERTAIN AGRICULTURAL EXPORTS FROM THE REQUIREMENTS OF THE CARGO PREFERENCE LAWS

46 USC 1245 et SEC. 1142. The Merchant Marine Act, 1936, (46 U.S.C. 1101 et seq.) ««9is amended by inserting after section 901 the following: Prohibition. "SEC. 901a. The requirements of section 901(b)(l) of this Act and 46 USC 1241. the Joint Resolution of March 26, 1934 (46 U.S.C. App. 1241-1), shall 46 USC app. 1241e.

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Page:United States Statutes at Large Volume 99 Part 2.djvu/381

 •>-wm.f'

PUBLIC LAW 99-198—DEC. 23, 1985

99 STAT. 1491

not apply to any export activities of the Secretary of Agriculture or the Commodity Credit Corporation— "(1) under which agricultural commodities or the products thereof acquired by the Commodity Credit Corporation are made available to United States exporters, users, processors, or foreign purchasers for the purpose of developing, maintaining, or expanding export markets for United Stat^ agricultural commodities or the products thereof at prevailing world market prices; "(2) under which payments are made available to United Stat^ exporters, users, or processors or, except as provided in section 901b, cash grants are made available to foreign purchasers, for the purpose described in paragraph (1); "(3) under which commercial credit guarantees are blended with direct credits from the Commodity Credit Corporation to reduce the effective rate of interest on export sales of United States agricultural commodities or the products thereof; "(4) under which credit or credit guarantees for not to exceed 3 years are extended by the Commodity Credit Corporation to finance or guarantee export sales of United States agricultural commodities or the products thereof; or "(5) under which agricultural commodities or the products thereof owned or controlled by or under loan from the Commodity Credit Corporation are exchanged or bartered for materials, goods, equipment, or services, but only if such materials, goods, equipment, or services are of a value at least equivalent to the value of the agricultural commodities or products exchanged or bartered therefor (determined on the basis of prevailing world market prices at the time of the exchange or barter), but nothing in this subsection shall be construed to exempt from the cargo preference provisions referred to in section 901b any requirement otherwise applicable to the materials, goods, equipment, or services imported under any such transaction.

Grants. Infra.

Loans. Prohibition.

SHIPME>rr REQUIREMENTS FOR CERTAIN EXPORTS SPONSORED BY THE DEPARTMENT OF AGRICULTURE

"SEC. 901b. (a)(1) In addition to the requirement for United Statesflag carriage of a percentage of gross tonnage imposed by section 901(b)(l) of this Act, 25 percent of the gross tonnage of agricultural commodities or the products thereof specified in subsection (b) shall be transported on United States-flag commercial vessels. "(2) In order to achieve an orderly and efficient implementation of the requirement of paragraph (1)— (A) an additions^ quantity equal to 10 percent of the gross tonnage referred to in paragraph (1) shall be transported in United States-flag vessels in calendar year 1986; "(B) an additional quantity equal to 20 percent of the gross tonnage shall be transported in such vessels in calendar year 1987; and '\C) an additional quantity equal to 25 percent of the gross tonnage shall be transported in such vessels in calendar year 1988 and in each calendar year thereafter. "(b) This section shall apply to any export activity of the Commodity Credit Corporation or the Secretary of Agriculture— "(1) carried out under the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1691 et seq.);

Vessels. 46 USC app. 1241f. 7 USC 1241.

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 99 STAT. 1492

PUBLIC LAW 99-198—DEC. 23, 1985

"(2) carried out under section 416 of the Agricultural Act of 1949 (7 U.S.C. 1431); "(3) carried out under the Food Security Wheat Reserve Act ofl980(7 U.S.C.1736f-l); "(4) under which agricultural commodities or the products thereof are— "(A) donated through foreign governments or agencies, private or public, including intergovernmental organizations; or i/ ' "(B) sold for foreign currencies or for dollars on credit ? terms of more than ten years; iv:v;.i "(5) under which agricultural commodities or the products thereof are made available for emergency food relief at less than prevailing world market prices; Grants. "(6) under which a cash grant is made directly or through an Vessels. intermediary to a foreign purchaser for the purpose of enabling the purchaser to obtain United States agricultural commodities or the products thereof in an amount greater than the difference between the prevailing world market price and the United States market price, free along side vessel at United States port; or "(7) under which agricultural commodities owned or conijii! trolled by or under loan from the Commodity Credit Corporation are exchanged or bartered for materials, goods, equipment, or services produced in foreign countries, other than export Ante, p. 1490. activities described in section 901a (5). "(c)(l) The requirement for United States-flag transportation imposed by subsection (a) shall be subject to the same terms and 7 USC 1241. conditions as provided in section 901(b) of this Act. "(2)(A) In order to provide for effective and equitable administration of the cargo preference laws the calendar year for the purpose of compliance with minimum percentage requirements shall be for 12 month periods commencing April 1, 1986. "(B) In addition, the Secretary of Transportation, in administering this subsection and section 901(b), and consistent with these sections, shall take such steps as may be necessary and practicable without detriment to any port range to preserve during calendar years 1986, 1987, 1988, and 1989 the percentage share, or metric -; tonnage of bagged, processed, or fortified commodities, whichever is, lower, experienced in calendar year 1984 as determined by the Secretary of Agriculture, of waterborne cargoes exported from Great Lake ports pursuant to title II of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1721 et seq.). "(d) As used in subsection (b), the term 'export activity' does not include inspection or weighing activities, other activities carried out for health or safety purposes, or technical assistance provided in the handling of commercial transactions. "(e)(1) The prevailing world market price as to agricultural commodities or the products thereof shall be determined under Ante, pp. 1490- Sections 901a through 901d in accordance with procedures estab1491; post, lished by the Secretary of Agriculture. The Secretary shall prescribe P ^^^^ such procedures by regulation, with notice and opportunity for public comment, pursuant to section 553 of title 5, United States Code. "(2) In the event that a determination of the prevailing world market price of any other type of materials, goods, equipment, or service is required in order to determine whether a barter or Ante, p. 1486.
 * ^T

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Page:United States Statutes at Large Volume 99 Part 2.djvu/383

 '*i|!ftS«t^*'

PUBLIC LAW 99-198—DEC. 23, 1985

99 STAT. 1493

exchange transaction is subject to subsection (b)(6) or (b)(7), such determination shall be made by the Secretary of Agriculture in consultation with the heads of other appropriate Federal agencies. ^M..:

"MINIMUM TONNAGE

"SEC. 901c. (a)(l) For fiscal year 1986 and each fiscal year there- 46 USC app. after, the minimum quantity of agricultural commodities to be 1241g. exported under programs subject to section 901b shall be the aver- Ante, p. 1491. age of the tonnage exported under such programs during the base period defined in subsection (b), discarding the high and low years. "(2) The President may waive the minimum quantity for any President of U.S. fiscal year required under paragraph (1) if he determines and reports to the Congress, together with his reasons, that such quantity cannot be effectively u»ed for the purposes of such programs or, based on a certification by the Secretary of Agriculture, that the commodities are not available for reasons which include the unavailability of funds. "(b) The base period utilized for computing the minimum tonnage quantity referred to in subsection (a) for any fiscal year shall be the five fiscal years beginning with the sixth fiscal year preceding such fiscal year and ending with the second fiscal year preceding such fiscal year. FINANCING OF SHIPMENT OF AGRICULTURAL COMMODITIES IN UNITED STATES-FLAG VESSELS

"SEC. 901d. (a) The Secretary of Transportation shall finance any increased ocean freight charges incurred in any fiscal year which result from the application of section 901b. "(b) If in any fiscal year the total cost of ocean freight and ocean freight differential for which obligations are incurred by the Department of Agriculture and the Commodity Credit Corporation on exports of agricultural commodities and products thereof under the agricultural export programs specified in section 901b(b) exceeds 20 percent of the value of such commodities and products and the cost of such ocean freight and ocean freight differential on which obligations are incurred by such Department and Corporation during such year, the Secretary of Transportation shall reimburse the Department of Agriculture and the Commodity Credit Corporation for the amount of such excess. For the purpose of this subsection, commodities shipped from the inventory of the Commodity Credit Corporation shall be valued as provided in section 403(b) of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1733(b)). "(c) For the purpose of meeting those expenses required to be assumed under subsections (a) and (b), the Secretary of Transportation shall issue to the Secretary of the Treasury such obligations in such forms and denominations, bearing such maturities and subject to such terms and conditions, as may be prescribed by the Secretary of Transportation with the approval of the Secretary of the Treasury. Such obligations shall be at a rate of interest as determined by the Secretary of the Treasury, taking into consideration the average market yield on outstanding marketable obligations of the United States with remaining periods of maturity comparable to the aversige maturities of such obligations during the month preceding the issuance of such obligations of the Secretary of Transportation. The Secretary of the Treasury shall purchase any

46 USC app. 1241h. Ante, p. 1491.

Securities. Public debt.

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 99 STAT. 1494

31 USC 3101 et s«9-

Ante, p. 1491.

PUBLIC LAW 99-198—DEC. 23, 1985

obligations of the Secretary of Transportation issued under this subsection and, for the purpose of purchasing such obligations, the Secretary of the Treasury may use as a public debt transaction the proceeds from the sale of any securities issued under chapter 31 of title 31, United States Code, after the date of the enactment of this Act and the purposes for which securities may be issued under such chapter are extended to include any purchases of the obligations of the Secretary of Transportation under this subsection. All redemptions and purchases by the Secretary of the Treasury of the obligations of the Secretary of Transportation shall be treated as publicdebt transactions of the United States. "(d) There is authorized to be appropriated annually for each fiscal year, commencing with the fiscal year beginning October 1, 1986, an amount sufficient to reimburse the Secretary of Transportation for the costs, including administrative expenses and the principal and interest due on the obligations to the Secretary of the Treasury incurred under this section. Reimbursement of any such costs shall be made with appropriated funds, as provided in this section, rather than through cancellation of notes. "(e) Notwithstanding the provisions of this section, in the event that the Secretary of Transportation is unable to obtain the funds necessary to finance the increased ocean freight charges resulting from the requirements of subsections (a) and (b) and section 901b(a), the Secretary of Transportation shall so notify the Congress within 10 working days of the discovery of such insufficiency. AUTHORIZATION OF APPROPRIATIONS

46 USC app. 12411. Ante, pp. 14901494; post, pp. 1495, 1496.

"SEC. 901e. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of sections 901a through 901k.

46 USC app. 1241J. Ante, p. 1498.

"SEC. 901f. The operation of sections 901a through 901k shall terminate 90 days after the date on which a notification is made pursuant to section 901d(e), except with respect to shipments of agricultural commodities and products subject to contracts entered into before the expiration of such 90-day period, unless within such 90-day period the Secretary of Transportation proclaims that funds are available to finance increased freight charges resulting from the requirements of sections 901b(a) and 901d(a) and (b). In the event of termination under this section, nothing in sections 901a through 901d shall be construed as exempting export activities from or subjecting export activities to the cargo preference laws except to the extent those activities are exempt under section 4(b) of Public Law 95-501 (7 U.S.C. 1707a(b)). In the event of termination under this section, the 50 percent requirement in section 901(b) of the Merchant Marine Act, 1936 shall be in full effect.

Ante, pp. 1491, 1493. Ante, pp. 14901493.

46 USC 1241.

" TERMINATION O F SECTIONS 901A THROUGH 901K

NATIONAL ADVISORY COMMISSION ON AGRICULTURAL EXPORT TRANSPORTATION POLICY 46 USC app. 1241k. Post, pp. 1495, 1496.

"SEC. 901g. (a) There is hereby established an advisory commission to be known as the National Advisory Commission on Agricultural Export Transportation Policy (hereafter in this section through section 901j referred to as the 'Commission'). "(b)(1) The Commission shall be composed of 16 members.

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 PUBLIC LAW 99-198—DEC. 23, 1985

99 STAT. 1495

"(2) Eight members of the Commission shall be appointed by the President. "(3) The chairman and ranking minority members of the Senate Committee on Agriculture, Nutrition, and Forestry, of the Subcommittee on Merchant Marine of the Senate Committee on Commerce, Science, and Transportation, of the House Committee on Agriculture, and of the House Committee on Merchant Marine and Fisheries shall serve as members of the Commission. "(4)(A) Four of the members appointed by the President shall be representatives of agricultural producers, cooperatives, merchandisers, and processors of agricultural commodities. "(B) The remaining four members appointed by the President shall be representatives of the United States-flag maritime industry, two of whom shall represent labor and two of whom shall represent management. "(c)(1) The members of the Commission shall elect a Chairman from among its members. "(2) Any vacancy in the Commission does not affect its powers but shall be filled in the same manner in which the original appointment was made. "DUTIES OF THE COMMISSION

"SEC. 901h. (a) It shall be the duty of the Commission to conduct a comprehensive study and review of the ocean transportation of agricultural exports subject to the cargo preference laws referred to in section 901b and to make recommendations to the President and the Congress for improving the efficiency of such transportation on United States-flag vessels in order to reduce the costs incurred by the United States in connection with such transportation. In carrying out such study and review, the Commission shall consider the extent to which any unfair or discriminatory practices of foreign governments increase the cost to the United States of transporting agricultural commodities subject to such cargo preference laws. "(b)(1) The Commission shall submit an interim report to the President and the Congress not later than one year after the date of the enactment of this subtitle and such other interim reports as the Commission considers advisable. "(2) The Commission shall submit a final report containing its findings and recommendations to the President and the Congress not later than two years after the date of the enactment of this subtitle. The report shall include recommendations for any changes in the provisions of paragraph (1) that would help assure that the cost of ocean freight and ocean freight differentisd incurred by the Department of Agriculture and the Commodity Credit Corporation on the agricultural export p r ( ^ a m s specified in section 901b, is not increased above historical levels as a result of the extra demand for United States-fiag vessels caused by section 901b. "(3) Sixty days after the submission of the final report, the Commission shall cease to exist. "(c) The Commission shall include in its reports submitted pursuant to subsection (b) recommendations concerning the feasibility and desirability of achieving the following goals with respect to the ocean transportation of agricultural commodities subject to the cargo preference laws referred to in section 901b: "(1) Ensuring that the timing of commodity purchase agreements entered into by the United States in connection with the

51-194 O

- 13

QL. 3

Part 2

Study. Exports. 46 USC app. 1241/. Ante, p. 1491.

Report.

Report. Exports. Vessels. Report.

Report. Reports.

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Page:United States Statutes at Large Volume 99 Part 2.djvu/386

 99 STAT. 1496

Vessels.

Contracts. Vessels.

Vessels.

PUBLIC LAW 99-198—DEC. 23, 1985 export of such commodities, and the methods of implementing such agreements, will minimize cost to the United States. "(2) Ensuring that shipments of such commodities are made on the most modern and efficient United States-flag vessels available. "(3) Ensuring that shipments of such commodities are made under the most advantageous terms available, including— "(A) charters for full shiploads; "(B) charters for intermediate or long term; "(C) charters for consecutive voyages and contracts of affreightment; and "(D) adjustment of rates in the event that vessels used for shipment^ of such commodities also carry cai^oes on return voyages. "(4) Reduction and elimination of impediments, including delays in port, to the efficient loading and operation of the vessels employed for shipment of such commodities. "(5) Utilization of open and competitive bidding for the ocean transportation of such commodities. INFORMATION AND ASSISTANCE TO BE FURNISHED TO THE COMMISSION

Reports. 46 USC app. 1241m.

"SEC. 901i. (a) Each department, agency, and instrumentality of the United States, including independent agencies, shall furnish to the Commission, upon request made by the Chairman, such statistical data, reports, and other information as the Commission considers necessary to carry out its functions. "(b) The Secretary of Agriculture and the Secretary of Transportation shall make available to the Commission such staff, personnel, and administrative services as may reasonably be required to carry out the Commission's duties. COMPENSATION AND TRAVEL AND SUBSISTENCE EXPENSES OF COMMISSION MEMBERS

46 USC app. I24in.

"SEC. 901j. Members of the Commission shall serve without compensation in addition to compensation they may otherwise be entitled to receive as employees of the United States or as Members of Congress, but shall be reimbursed for travel, subsistence, and other necessary expenses incurred in the performance of duties vested in the Commission. DEFINITION OF UNITED STATES FLAG VESSEL ELIGIBLE TO CARRY CARGOES UNDER CERTAIN SECTIONS

46 USC app. 12410. Ante, pp. 14911493.

"SEC. 901k. A United States flag vessel eligible to carry cargoes under sections 901b through 901d means a vessel, as defined in section 3 of title 1, United States Clode, that is necessanr for national security purposes and, if more than 25 years old, is within five years of having been substantially rebuilt and certified by the Secretary of Transportation as having a useful life of at least five years after that rebuilding.". EFFECT ON OTHER LAWS

Prohibition. 46 USC app. 1241p. 5 USC 500 et seq.

SEC. 1143. This subtitle shall not be construed as modifying in any manner the provisions of section 4(b)(8) of the Food for Peace Act of 1966 (7 U.S.C. 1707a(b)(8)) or chapter 5 of title 5, United States Code.

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 PUBLIC LAW 99-198—DEC. 23, 1985

99 STAT. 1497

Subtitle D—Agricultural Imports TRADE CONSULTATIONS

SEC. 1151. (a) The Secretary of Agriculture shall require consulta- 7 USC 2275. tion between the Administrator of the Foreign Agricultural Service and the heads of other appropriate agencies and offices of the Department of Agriculture, including the Administrator of the Animal and Plant Health Inspection Service, before relaxing or removing any restriction on the importation of any agricultural commodity or a product thereof into the United States. (b) The Secretary shall consult with the United States Trade Representative before relaxing or removing any restriction on the importation of any agricultur£d commodity or a product thereof into the United States. APRICOT STUDY

SEC. 1152. (a) The Secretary of Agriculture, in conjunction with the United States Trade Representative, not later than 120 days after the date of enactment of this Act, shall complete a study to determine— (1) the effect of apricot imports into the United States on the domestic apricot industry; and (2) the extent and nature of apricot subsidies existing in the countries from which such apricot imports are derived. (b) The Secretary shall report the results of the study conducted Report. under subsection (a), as soon as the study is completed, to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate. STUDY RELATING TO BRAZIUAN ETHANOL IMPORTS

SEC. 1155. The Secretary of Agriculture shall conduct a study to determine the impact that the import of Brazilian ethanol has on the domestic price of corn and other grains and the domestic ethanol refining industry. The Secretary of Agriculture shall also, in consultation with the International Trade Commission and the United States Trade Representative, determine what relief should be granted because of the interference of subsidized Brazilian ethanol with the domestic ethanol industry. Not later than 60 days after the Report. enactment of this Act, the Secretary shall report the results of such study to the Committee on Agriculture and the Committee on Ways and Means of the House of Representatives and to the Committee on Agriculture, Nutrition, and Forestry of the Senate. STUDY OF OAT IMPORTS

SEC. 1156. (a) The Secretary of Agriculture shall conduct a study of the impact of domestic farm programs of the increased importation of oats into the United States. (b) By no later than 1 year after the date of enactment of this Act, Report. the Secretary of Agriculture shall submit to the Congress a report on the study conducted under subsection (a).

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 99 STAT. 1498

PUBLIC LAW 99-198—DEC. 23, 1985 Subtitle E—Trade Practices TOBACCO PESTICIDE RESIDUES

SEC. 1161. (a) Section 213 of the Dairy and Tobacco Adjustment Act of 1983 (7 U.S.C. 51 Ir) is amended by adding at the end thereof the following new subsection: "(e) Notwithstanding any other provision of law: "(I)(A) All flue-cured or hurley tobacco offered for importation into the United States shall be accompanied by a certification by the importer, in such form as the Secretary of Agriculture shall prescribe, that the tobacco does not contain any prohibited residue of any pesticide that has been cancelled, suspended, revoked, or otherwise prohibited under the Federal Insecticide, 7 USC 136 note. Fungicide, and Rodenticide Act (7 U.S.C. 135 et seq.). Any fluecured or hurley tobacco that is not accompanied by such certification shall be inspected by the Secretary at the point of entry to determine whether that tobacco meets the pesticide residue requirements. Subsection (d) of this section shall apply with respect to fees and charges imposed to cover the costs of such inspection. "(B) Any tobacco that is determined by the Secretary not to meet the pesticide residue requirements shall not be permitted entry into the United States. "(C) The customs fraud provisions under section 592 of the Tariff Act of 1930, as amended (19 U.S.C. 1592), and criminal fraud provisions under section 1001 of title 18, United States Code, shall apply with respect to the certification requirement in subparagraph (A). Regulation. "(2) The Secretary shall by regulation provide for pesticide residue standards with respect to pesticides that are cancelled, suspended, revoked, or otherwise prohibited under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 135 et seq.), that shall apply to flue-cured and hurley tobacco, whether domestically produced or imported. "(3) The Secretary, to such extent and at such times as the Secretary determines appropriate, shall sample and test fluecured and hurley tobacco offered for importation or for sale in the United States to determine whether it conforms with the Regulation. pesticide residue requirements. The Secretary shall by regulation impose fees and charges for such inspections. "(4) If the Secretary determines, as a result of tests conducted under paragraph (3), that certain flue-cured or hurley tobacco offered for importation does not meet the requirements of this subsection, then such tobacco shall not be permitted entry into the United States. "(5)(A) Subject to subparagraph (B), if the Secretary determines that domestically produced Flue-cured or Burley tobacco does not meet the requirements of this section, such tobacco may not be moved in commerce among the States and shall be destroyed by the Secretary. "(B) This paragraph shall apply only to tobacco produced after the date of enactment of this provision that receives price support under the Agricultural Adjustment Act of 1938 (7 U.S.C. 1281 et seq.) or the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.).".

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 PUBLIC LAW 99-198—DEC. 23, 1985

99 STAT. 1499

(b) The second sentence of section 213(d) of such Act is amended by inserting "and subsection (e)" after "subsection (a)(D".

7 USC 51 Ir.

ASSESSMENT OF EXPORT DISPLACEMENT

SEC. 1162. (a) The Secretary of Agriculture shall assess each program, project, or activity administered by the Secretary or the Etepartment of Agriculture that— (1) provides assistance for establishing, expanding, or facilitating the production, marketing, or use of any agricultural commodity in a foreign country; and (2) the Secretary determines is likely to have a detrimental impact on efforts to promote the export of United States agricultural commodities; in order to determine if such program, project, or activity is likely to have such a detrimental impact. (b) The Secretary shall provide the results of the assessment required under subsection (a)— (1) in the case of current programs, projects, or activities, in a report made to the Congress not later than one year from the date of enactment of this section; and (2) in the case of programs, projects, or activities undertaken after the date of enactment of this section, on a regular basis.

7 USC 1736z.

EXPORT SALES OP DAIRY PRODUCTS

SEC. 1163. (a) In each of the fiscal years ending September 30, 1986, September 30, 1987, and September 30, 1988, the Secretary of Agriculture shall sell for export, at such prices as the Secretary determines appropriate, not less than 150,000 metric tons of dairy products owned by the Commodity Credit Corporation, of which not less than 100,000 metric tons shall be butter and not less than 20,000 metric tons shall be cheese, if that disposition of such commodities will not interfere with the usual marketings of the United States nor disrupt world prices of agricultural commodities and normal patterns of commercial trade. 0>) Such sales shall be made through the Commodity Credit Corporation under existing authority available to the Secretary or the Commodity Credit Corporation. (c) Through September 30, 1988, the Secretary shall report semiannually to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate on the volume of sales made under this section.

Commerce and 7 USC 1731 note.

UNFAIR TRADE PRACTICES

SEC. 1164. The Congress finds that— (1) United States producers and processors of citrus, wheat flour, poultry, canned fruits, and raisins have filed petitions under section 302 of the Trade Act of 1974 alleging that the subsidies and discriminatory tariffs of the European Communities are inconsistent with the principles and terms of the General Agreement on Tariffs and Trade (hereafter referred to in this section as the "GATT") and have placed United States exporters at a competitive disadvantage; (2) throughout the past decade, the European Communities has repeatedly rebuffed extensive United States efforts to re-

98 Stat. 3003.

19 USC 2412.

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text:
Page:United States Statutes at Large Volume 99 Part 2.djvu/390

 99 STAT. 1500

98 Stat. 3002, 3003,3005. 19 ubc 2411.

Effective date.

98 Stat. 3003. 19 USC 2412.

PUBLIC LAW 99-198—DEC. 23, 1985

solve these matters through bilateral consultations and multilateral negotiations, as well as through consultations under the provisions of the GATT; (3) after many years of frustrated discussions, the United States had no choice but to invoke the dispute settlement procedures of the GATT as the only remaining means of seeking redress for American producers and processors; (4) investigatory panels, established by the GATT to review United States complaints with respect to citrus, canned fruits, and raisins, concluded that European Communities subsidies and discriminatory tariffs had nullified and impaired rights of United States exporters and were in violation of the GATT and recommended that the European Communities take necessary steps to rectify the matters; (5) the European Communities has effectively and repeatedly prevented adoption by the GATT of each of these reports, most recently, the favorable report involving the 15-year-old citrus complaint; (6) on May 1, 1985, the President concluded that the GATT dispute settlement process with respect to the citrus complaint was terminated and, pursuant to section 301 of the Trade Act of 1974, the President had to consider a subsequent course of action to redress the injury to United States citrus exporters; (,7) Qjj jyjjg 20, 1985, the President announced that a reasonable and appropriate course of action in response to the unwillingness of the European Communities to implement the unanimous finding of the GATT panel or to negotiate a mutually acceptable resolution of the citrus complaint is to withdraw an equivalent amount of concessions from imported European Communities pasta products and, in response, the European Communities notified the United States that the European Communities would retaliate by increasing the European Communities duties on United States lemon and walnut imports; (8) on July 19, 1985, the United States and the European Communities agreed to suspend until October 31, 1985, the tariff increases, in order to provide the European Communities with additional time to resolve the citrus complaint; and (9) despite this suspension, the European Communities has failed to present to the United States an acceptable proposal to resolve the citrus complaint, and effective November 1, 1985, the United States reinstated the pasta tariff increase, and in turn, the European Communities reinstated the lemon and walnut tariff increase. (b) The President shall take all appropriate and feasible action within the power of the Presidency (including, but not limited to, the actions described in section 301 of the Trade Act of 1974 (19 U.S.C. 2411)) to— (1) ensure a prompt and satisfactory resolution of all complaints regarding subsidies and discriminatory tariffs of the European (Communities which— (A) are set forth in petitions filed under section 302 of the Trade Act of 1974 by United States exporters of citrus, wheat flour, poultry, canned fruits, and raisins, and (B) are pending before the GATT on the date of enactment of this Act; and

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Page:United States Statutes at Large Volume 99 Part 2.djvu/391

 PUBLIC LAW 99-198—DEC. 23, 1985

99 STAT. 1501

(2) balance the level of concessions in the trade between the Commerce and United States and the European Communities. trade. THAI RICE

SEC. 1165. (a) Congress finds that— (1) Rice ranks 9th among major domestic field crops in value of production; (2) Rice accounts for about 5 percent of the value of major field crops produced in the United States; (3) The value of domestic rice production annually is over $1,500,000,000; (4) Ending stocks for rice have sharply increased since 1980; (5) The projected 1985-1986 carryover of rice as a percentage of annual use is 62 percent; (6) Between 1980 and 1983, rice stocks rose and prices fell, pushing rice program costs from less than one-tenth to over nine-tenths of the value of United States rice production; (7) Over the last several years, the percentage of world rice exports from the United States has fallen from a high of 25 percent to 18 percent in 1985; (8) In the last several years, Thailand has become the largest rice exporter in the world, accounting for 30 percent of the world market; (9) Thai rice imports into the United States have displaced normal sales of United States rice and have increased Government costs; (10) In 1983, the United States imported 33.2 million pounds of rice from Thailand, in 1984 the United States imported 51.3 million pounds of rice (an increase of 53 percent), and in the first six months of 1985, rice imports from Thailand to the United States have already reached 58.3 million pounds; and (11) A petition has been filed with the Department of Commerce asking that countervailing duties be imposed upon imports of Thai rice into the United States. (b) Based upon these findings, it is the sense of Congress that— (1) our domestic rice industry is of vital importance and must be protected from unfair foreign competition; and (2) the Secretary of Commerce should give immediate consideration to the countervailing duty petition referred to in subsection (a)(ll). END USERS OP IMPORTED TOBACCO

SEC. 1166. Section 213 of the Dairy and Tobacco Adjustment Act of 1983 (7 U.S.C. 511r) is amended by adding after the subsection added by section 1161 of this Act the following: "(fKl) The certification required under subsection (e)(1) of this section shall also include the identification of any and all end users of such tobacco of which the importer has knowledge. Any flue cured or hurley tobacco permitted entry into the United States must be accompanied by a written identification of any and all end users of such tobacco. In cases in which the importer has no knowledge of the identity of an end user, the importer shall identify any and all purchasers to whom the importer expects to transfer such imported tobacco. The importer shall file with the Department of Agriculture an amended statement if, at any time after the time of entry of such tobacco imports, the importer has knowledge of any additional

'y.'fBSi

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Page:United States Statutes at Large Volume 99 Part 2.djvu/392

 99 STAT. 1502

Report.

Reports.

PUBLIC LAW 99-198—DEC. 23, 1985

purchaser or end user. In those cases in which the importer has not identified all end users of such imported tobacco, the Secretary of Agriculture shall take all steps available to ascertain the identity of any and all such end users, including requesting such information from purchasers of such imported tobacco. Domestic purchasers of imported tobacco shall be required to supply any relevant information to the Department of Agriculture upon demand under this subsection. "(2) The Secretary shall provide to the Senate Committee on Agriculture, Nutrition, and Forestry, and the House Committee on Agriculture, on or before April 1, 1986, a report on the implementation of this authority to identify each end user and purchaser of imported tobacco. Such report shall identify the end users and purchasers of imported tobacco and the quantity, in pounds, bought by such end user or purchaser, as well as all steps taken by the Department of Agriculture to ascertain such identities. The Secretary shall provide an additional report, beginning November 15, 1986, and annual reports thereafter, on the implementation of this authority. "(3) As used in this subsection, the term 'end user of imported tobacco' means— "(A) a domestic manufacturer of cigarettes or other tobacco products; "(B) an entity that mixes, blends, processes, alters in any manner, or stores, imported tobacco for export; and "(C) any other individual that the Secretary may identify as making use of imported tobacco for the production of tobacco products.". BARTER OF AGRICULTURAL COMMODITIES FOR STRATEGIC AND CRITICAL MATERIAI^

Defense and national security. 7 USC 1727g note.

Defense and national security.

SEC. 1167. (a) Congress finds that— (1) the Commodity Credit Corporation, the General Services Administration, and the Department of Agriculture have authority to barter or exchange agricultural commodities for strategic and critical materials for the national defense stockpile; (2) from 1950 to 1973, the Department of Agriculture conducted a highly successful barter program using agricultural commodities to acquire strategic and critical materials; (3) private commercial firms in the United States have entered into effective barter agreements with foreign governments or private parties in foreign countries to barter or exchange commodities and services to supplement customary commercial transactions in international markets; (4) barter can be an effective secondary method of reducing excess supplies of agricultural commodities and adding needed strategic and critical materials to the national defense stockpile; (5) barter can be used to help overcome certain currency exchange and balance-of-trade problems and to develop new markets for United States agricultural products; (6) barter can be used to promote United States foreign policy interests; and (7) several nations are potential partners in a revival of a coherent and well-managed government barter program.

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Page:United States Statutes at Large Volume 99 Part 2.djvu/393

 PUBLIC LAW 99-198—DEC. 23, 1985

99 STAT. 1503

(b) Section 4(h) of the Commodity Credit Corporation Charter Act (15 U.S.C. 714b(h)) is amended— (1) in the fourth sentence— (A) by striking out "is authorized," and inserting in lieu thereof "shall, to the maximum extent practicable, in consultation with the Secretary of State, and"; and (B) by striking out "to"; (2) in the fifth sentence, by striking out "normal commercial Commerce and trade channels shall be utilized and priority shall be given" and trade. inserting in lieu thereof "the Secretary shall: (1) use normal commercial trade channels; (2) take action to avoid displacing usual marketings of United States agricultural commodities and the products thereof; (3) take reasonable precautions to prevent the resale or transshipment to other countries, or use for other than domestic use in the importing country, of agricultural commodities used for such exchange; and (4) give priority"; (3) by inserting after the fifth sentence the following new sentence: "The Corporation may solicit bids from, and utilize, private trading firms to effect such exchange of goods."; (4) in the eighth sentence (as amended by clause (3)), by striking out "when" and inserting in lieu thereof "in the same fiscal year such materials are"; and (5) by inserting after the eighth sentence (as amended by Petroleum and clause (3)) the following new sentence: "If the volume of petro- petroleum leum products (including crude oil) stored in the Strategic products. Petroleum Reserve is less than the level prescribed under section 154 of the Energy Policy and Conservation Act (42 U.S.C. 6234), the Corporation shall, to the maximum extent practicable and with the approval of the Secretary of Agriculture, make available annually to the Secretary of Energy, upon the request of the Secretary of Energy, a quantity of agricultural products owned by the Corporation with a market value at the time of such request of at least $300,000,000 for use by the Secretary of Energy in acquiring petroleum products (including crude oil) produced abroad for placement in the Strategic Petroleum Reserve through an exchange of such agricultural products. The terms and conditions of each such exchange, including provisions for full reimbursement to the Commo&ty Credit (Drporation, shall be determined by the Secretary of Energy and the Secretary of Agriculture.". (c) Section 310 of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1727g) is amended by inserting after the second sentence the following new sentence: "To the maximum extent practicable, the Secretary shall solicit bids from, and utilize, private trading firms to arrange or make barters or exchanges for strategic or other materials under clause (a).". (d)(1) The Secretary of.^riculture shall encourage United States 7 USC I736aa exporters of agricultural commodities and the products thereof to barter such commodities and products for foreign products needed by such exporters. (2) The Secretary shall provide technical advice and assistance relating to the barter of agricultural commodities and the products thereof to suiy United States exporter who requests such advice or assistance.

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Page:United States Statutes at Large Volume 99 Part 2.djvu/394

 99 STAT. 1504

PUBLIC LAW 99-198—DEC. 23, 1985 TITLE XII—CONSERVATION SUBTITLE A—DEFINITIONS DEFINITIONS

Post, pp. 15061514. 16 USC 3801.

Prohibition.

Post, p. 1506.

SEC. 1201. (a) For purposes of subtitles A through E: (1) The term "agricultural commodity" means— (A) any agricultural commodity planted and produced in a State by annual tilling of the soil, including tilling by onetrip planters; or (B) sugarcane planted and produced in a State. (2) The term "conservation district" means any district or unit of State or local government formed under State or territorial law for the express purpose of developing and carrying out a local soil and water conservation program. Such district or unit of government may be referred to as a "conservation district", "soil conservation district", "soil and water conservation district", "resource conservation district", "natural resource district", "land conservation committee", or a similar name. (3) The term "cost sharing payment" means a payment made by the Secretary to an owner or operator of a farm or ranch containing highly erodible cropland under the provisions of section 1234(b) of this Act. (4)(A) The term "converted wetland" means wetland that has been drained, dredged, filled, leveled, or otherwise manipulated (including any activity that results in impairing or reducing the flow, circulation, or reach of water) for the purpose or to have the effect of making the production of an agricultural commodity possible if— (i) such production would not have been possible but for such action; and (ii) before such action— (I) such land was wetland; and (II) such land was neither highly erodible land nor highly erodible cropland. (B) Wetland shall not be considered converted wetland if production of an agricultural commodity on such land during a crop year— (i) is possible as a result of a natural condition, such as drought; and (ii) is not assisted by an action of the producer that destroys natural wetland characteristics. (5) The term "field" means such term as is defined in section 718.2(b)(9) of title 7 of the Code of Federal Regulations (as of January 1, 1985), except that any highly erodible land on which an agricultural commodity is produced after the date of enactment of this Act and that is not exempt under section 1212 shall be considered as part of the field in which such land was included on such date, unless the Secretary permits modification of the boundaries of the field to carry out subtitles A through E. (6) The term "highly erodible cropland" means highly erodible land that is in cropland use, as determined by the Secretary. (7)(A) The term "highly erodible land" means land—

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Page:United States Statutes at Large Volume 99 Part 2.djvu/395

 PUBLIC LAW 99-198—DEC. 23, 1985

99 STAT. 1505

(i) that is classified by the Soil Conservation Service as class IV, VI, VII, or VIII land under the land capability classification system in effect on the date of the enactment of this Act; or (ii) that has, or that if used to produce an agricultural commodity, would have an excessive average annual rate of erosion in relation to the soil loss tolerance level, as established by the Secretary, and as determined by the Secretary through application of factors from the universal soil loss equation and the wind erosion equation, including factors ~ •' for climate, soil erodibility, and field slope. (B) For purposes of this paragraph, the land capability class or Regulations, rate of erosion for a field shall be that determined by the Secretary to be the predominant class or rate of erosion under regulations issued by the Secretary. (8) The term "hydric soil" means soil that, in its undrained condition, is saturated, flooded, or ponded long enough during a growing season to develop an anaerobic condition that supports the growth and regeneration of hydrophvtic vegetation. (9) The term "hydrophytic vegetation means a plant growing ^ "• ' in— (A) water; or '"'* (B) a sul^trate that is at least periodically deficient in oxygen during a growing season as a result of excessive water content. (10) The term "in-kind commodities" means commodities that are normally produced on land that is the subject of an agreement entered into under subtitle D. Post, p. 1509. (11) The term "rental payment" means a payment made by the Secretary to an owner or operator of a farm or ranch containing highly erodible cropland to compensate the owner or operator for retiring such land from crop production and placing such land in the conservation reserve in accordance with subtitle D. (12) The term "Secretary" means the Secretary of Agriculture. (13) The term "shelterbelt" means a vegetative barrier with a linear configuration composed of trees, shrubs, and other approved perennial vegetation. (14) The term "State" means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands of the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, or the Trust Territory of the Pacific Islands. (15) The term "vegetative cover" means— (A) perennial grasses, legumes, forbs, or shrubs with an expected life span of 5 or more years; or - ' ^ (B) trees. (16) The term "wetland", except when such term is part of the term "converted wetland", means land that has a predominance of hydric soils and that is inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions. (b) The Secretary shall develop—

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text:
Author:Mary Catherine Judd

Works

 * Classic Myths
 * Wigwam Stories Told by North American Indians (1915)

title: Author:Mary Catherine Judd


text: All Quiet along the Potomac and other poems/On Guard


text:
Page:United States Statutes at Large Volume 99 Part 2.djvu/396

 99 STAT. 1506

PUBLIC LAW 99-198—DEC. 23, 1985 (1) criteria for the identification of hydric soils and hydrophj^ic vegetation; and (2) lists of such soils and such vegetation. SUBTITLE B—HIGHLY ERODIBLE LAND CONSERVATION PROGRAM INELIGIBILITY

16 USC 3811. Infra.

Loans. Ante, p. 1503. Disaster assistance. Loans.

SEC. 1211. Except as provided in section 1212, and notwithstanding any other provision of law, following the date of enactment of this Act, any person who in any crop year produces an agricultural commodity on a field on which highly erodible land is predominate shall be ineligible for— (1) as to any commodity produced during that crop year by such person— (A) any type of price support or payment made available under the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.), the Commodity Credit Corporation Charter Act (15 U.S.C. 714 et seq.), or any other Act; (B) a farm storage facility loan made under section 4(h) of the Commodity Credit Corporation Charter Act (15 U.S.C. 714b(h)); (C) crop insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.); (D) a disaster payment made under the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.); or (E) a loan made, insured, or guaranteed under the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.) or any other provision of law administered by the Farmers Home Administration, if the Secretary determines that the proceeds of such loan will be used for a purpose that will contribute to excessive erosion of highly erodible land; or (2) a payment made under section 4 or 5 of the Commodity Credit Corporation Charter Act (15 U.S.C. 714b or 714c) during such crop year for the storage of an agricultural commodity acquired by the Commodity Credit Corporation. EXEMPTIONS

Prohibitions. Loans. 16 USC 3812.

Supra.

SEC. 1212. (a)(1) During the period beginning on the date of the enactment of this Act and ending on the later of January 1, 1990, or the date that is 2 years after the date land on which a crop of an agricultural commodity is produced was mapped by the Soil Conservation Service for purposes of classifying such land under the land capability classification system in effect on the date of enactment of this Act, except as provided in paragraph (2), no person shall become ineligible under section 1211 for program loans, payments, and benefits as the result of the production of a crop of an agricultural commodity on any land that was— (A) cultivated to produce any of the 1981 through 1985 crops of an agricultural commodity; or (B) set aside, diverted or otherwise not cultivated under a program administered by the Secretary for any such crops to reduce production of an agricultural commodity. (2) If, as of January 1, 1990, or 2 years after the Soil Conservation Service has completed a soil survey for the farm, whichever is later.

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Page:United States Statutes at Large Volume 99 Part 2.djvu/397

 PUBLIC LAW 99-198—DEC. 23, 1985

99 STAT. 1507

a person is actively applying a conservation plan based on the local Soil Conservation Service technical guide and approved by the local soil conservation district, in consultation with the local committees established under section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)) and the Secretary, or by the Secretary, such person shall have until January 1, 1995, to comply with the plan without being subject to program ineligibility. (b) No person shall become ineligible under section 1211 for program loans, payments, and benefits as the result of the production of a crop of an agricultural commodity— (1) planted before the date of enactment of this Act; (2) planted during any crop year beginning before the date of enactment of this Act; (3) on highly erodible land in an area— (A) within a conservation district, under a conservation system that has been approved by a conservation district after the district has determined that the conservation system is in conformity with technical standards set forth in the Soil Conservation Service technical guide for such district; or (B) not within a conservation district, under a conservation system determined by the Secretary to be adequate for the production of such agricultural commodity on any highly erodible land subject to this title; or (4) on highly erodible land that is planted in reliance on a determination by the Soil Conservation Service that such land was not highly erodible land, except that this paragraph shall not apply to any agricultural commodity that was planted on any land after the Soil Conservation Service determines that such land is highly erodible land. (c) Section 1211 shall not apply to a loan described in section 1211 made before the date of enactment of this Act.

Ante, p. 1506.

SOIL SURVEYS

SEC. 1213. The Secretary shall, as soon as is practicable after the date of enactment of this Act, complete soil surveys on those private lands that do not have a soil survey suitable for use in determining the land capability class for purposes of this subtitle. In carrying out this section, the Secretary shall, insofar as possible, concentrate on those localities where significant amounts of highly erodible land are being converted to the production of agricultural commodities.

16 USC 3813.

Subtitle C—Wetland Conservation PROGRAM INELIGIBILTTY

SEC. 1221. Except as provided in section 1222 and notwithstanding 16 USC 3821. any other provision of law, following the date of enactment of this ^o**' P-1^08. Act, any person who in any crop year produces an agricultural commodity on converted wetland shall be ineligible for— (1) as to any commodity produced during that crop year by such person— (A) any type of price support or payment made available under the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.), the Commodity Credit Corporation Charter Act (15 U.S.C. 714 et seq.), or any other Act;

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Page:United States Statutes at Large Volume 99 Part 2.djvu/398

 99 STAT. 1508 Loans. Ante, p. 1503.

Disaster assistance. Loans.

PUBLIC LAW 99-198—DEC. 23, 1985 (B) a farm storage facility loan made under section 4(h) of the Commodity Credit Corporation Charter Act (15 U.S.C. 714b(h)); (C) crop insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.); (D) a disaster payment ro«de under the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.), or (E) a loan made, insured, or guaranteed under the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.) or any other provision of law administered by the Farmers Home Administration, if the Secretary determines that the proceeds of such loan will be used for a purpose that will contribute to conversion of wetlands (other than as provided in this subtitle) to produce an agricultural commodity; or (2) a payment made under section 4 or 5 of the Commodity Credit Corporation Charter Act (15 U.S.C. 714b or 714c) during such crop year for the storage of an agricultural commodity acquired by the Commodity Credit Corporation. EXEMPTIONS

Prohibitions. Loans. Ante, p. 1507. 16 USC 3822. Livestock. Fish and fishing. Flood control.

SEC. 1222. (a) No person shall become ineligible under section 1221 for program loans, payments, and benefits as the result of the production of a crop of an agricultural commodity on— (1) converted wetland if the conversion of such wetland was commenced before the date of enactment of this Act; (2) an artificial lake, pond, or wetland created by excavating or diking non-wetland to collect and retain water for purposes such as water for livestock, fish production, irrigation (including subsurface irrigation), a settling basin, cooling, rice production, or flood control; (3) a wet area created by a water delivery system, irrigation, irrigation system, or application of water for irrigation; or (4) wetland on which production of an agricultural commodity is possible as a result of a natural condition, such as drought, and without action by the producer that destroys a natural wetland characteristic. (b) Section 1221 shall not apply to a loan described in section 1221 made before the date of enactment of this Act. (c) The Secretary may exempt a person from section 1221 for any action associated with the production of an agricultural commodity on converted wetland if the effect of such action, individually and in connection with all other similar actions authorized by the Secretary in the area, on the hydrological and biological aspect of wetland is minimal. CONSULTATION WFTH SECRETARY OF THE INTERIOR

16 USC 3823.

Regulations. Post, p. 1515.

SEC. 1223. The Secretary shall consult with the Secretary of the Interior on such determinations and actions as are necessary to carry out this subtitle, including— (1) the identification of wetland; (2) the determination of exemptions under section 1222; and (3) the issuance of regulations under section 1244 to carry out this subtitle.

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Page:United States Statutes at Large Volume 99 Part 2.djvu/399

 PUBLIC LAW 99-198—DEC. 23, 1985

99 STAT. 1509

Subtitle D—Conservation Reserve CONSERVATION RESERVE

SEC. 1231. (a) During the 1986 through 1990 crop years, the Secretary shall formulate and carry out a conservation reserve program, in accordance with this subtitle, through contracts to assist owners and operators of highly erodible cropland in conserving and improving the soil and water resources of their farms or ranches. 0?) The Secretary shall enter into contracts with owners and operators of farms and ranches containing highly erodible cropland to place in the conservation reserve— (1) during the 1986 crop year, not less thein 5, nor more than 45, million acres; (2) during the 1986 through 1987 crop years, a total of not less than 15, nor more than 45, million acres; (3) during the 1986 through 1988 crop years, a total of not less than 25, nor more than 45, million acres; (4) during the 1986 through 1989 crop years, a total of not less than 35, nor more than 45, million acres; and (5) during the 1986 through 1990 crop years, a total of not less than 40, nor more than 45, million acres. (c)(l)(A) Notwithstanding subsection (b), effective for each of the fiscal years 1986 through 1989, the Secretary may reduce by up to 25 percent the number of acres of highly erodible land required to be placed under contract during each fiscal year if the Secretary determines that the rental payments to be made under section 12330?) on such acres are likely to be significantly lower in the succeeding year. (B) Paragraph (A) shall not affect the requirements of paragraph (5) of subsection (b). (2) The Secretary may include in the program established under this subtitle lands that are not highly erodible lands but that pose an off-farm environmental threat or, if permitted to remain in production, pose a threat of continued degradation of productivity due to soil salinity. (d) Under the program established under this subtitle, the Secretary shall not place under contract more than 25 percent of the cropland in any one county, except that the Secretary may exceed the limitation established by this subsection in a county to the extent that the Secretary determines that such action would not adversely affect the local economy of such county. (e) For the purpose of carrying out this subtitle, the Secretary shall enter into contracts of not less than 10, nor more than 15, years.

Contracts. 16 USC 3831.

Post, p. 1511. Prohibition.

Prohibition.

DUTIES OF OWNERS AND OPERATORS

SEC. 1232. (a) Under the terms of a contract entered into under Contracts. this subtitle, during the term of such contract, an owner or operator 16 USC 3832. of a farm or ranch must agree— (1) to implement a plan approved by the local conservation district (or in an area not located within a conservation district, a plan approved by the Secretary) for converting highly erodible cropland normally devoted to the production of an agricultural commodity on the farm or ranch to a less intensive use (as defined by the Secretary), such as pasture, permanent grass,

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text:
Author talk:Mary Catherine Judd

Published work (1915)
At the author's preface, the residence of the author is given as Minneapolis, Minnesota.

US census
Number of records for Minneapolis show Judd. 1885, 1895 and 1905 (all territorial and state census with lesser data) indicate birth c1855 and birth place of New York and Wisconsin. A couple show occupation and cite her occupation as teacher.

1910 census in Minnesota Minnesota > Hennepin > Minneapolis Ward 2 > District 0037 > 1 3 	Judd 	Mary C 	Lodger 	Female 	White 	56 	1854 	Single 	New York 	Massachusetts 	New Jersey

1920 census in California California > Los Angeles > Pasadena > District 527 > 12 173 	Judd 	Mary Catherine 	Boarder 	Female 	White 	67 	abt 1853 	Single 	New York 	Massachusetts 	New Jersey

1930 census in California California > Los Angeles > Pasadena > District 1247 > 14 97 	190 	add 	Judd 	Mary C 	Lodger 	White 	78 	abt 1852 	New York 	Massachusetts 	New Jersey

1860 census in Minnesota 1860 United States Federal Census about Mary Judd Name: 	Mary Judd Age in 1860: 	7 Birth Year: 	abt 1853 Birthplace: 	New York Home in 1860: 	Northfield, Rice, Minnesota Gender: 	Female Post Office: 	Northfield Value of real estate: 	View image Household Members: Name 	Age Silas Judd 	34 Margt Judd 	26 Mary Judd 	7 Mine Judd 	5 William Judd 	4

Death
Alive in 1930 census in California where had been resident for > 10 years. No death found in the CA death records (online searchable from 1940). Therefore died b/w 1930 and 1940. Digging further not worthwhile at this time. — billinghurst  sDrewth  11:47, 26 June 2011 (UTC)

title: Author talk:Mary Catherine Judd


text:
Page:United States Statutes at Large Volume 99 Part 2.djvu/400

 99 STAT. 1510

Prohibition. Forests and forest products.

PUBLIC LAW 99-198—DEC. 23, 1985 legumes, forbs, shrubs, or trees, substantially in accordance with a schedule outlined in the plan; (2) to place highly erodible cropland subject to the contract in the conservation reserve established under this subtitle; (3) not to use such land for agricultural purposes, except as permitted by the Secretary; (4) to establish approved vegetative cover on such land; (5) on the violation of a term or condition of the contract at any time the owner or operator has control of such land— (A) to forfeit all rights to receive rental payments and cost sharing payments under the contract and to refund to the Secretary any rental payments and cost sharing payments received by the owner or operator under the contract, together with interest thereon as determined by the Secretary, if the Secretary, after considering the recommendations of the soil conservation district and the Soil Conservation Service, determines that such violation is of such nature as to warrant termination of the contract; or (B) to refund to the Secretary, or accept adjustments to, the rental payments and cost sharing payments provided to the owner or operator, as the Secretary considers appropriate, if the Secretary determines that such violation does not warrant termination of the contract; (6) on the transfer of the right and interest of the owner or operator in land subject to the contract— (A) to forfeit all rights to rental payments and cost sharing payments under the contract; and (B) to refund to the United States all rental payments and cost sharing payments received by the owner or operator, or accept such payment adjustments or make such refunds as the Secretary considers appropriate and consistent with the objectives of this subtitle, unless the tremsferee of such land agrees with the Secretary to assume all obligations of the contract; (7) not to conduct any harvesting or grazing, nor otherwise make commercial use of the forage, on land that is subject to the contract, nor adopt any similar practice specified in the contract by the Secretary as a practice that would tend to defeat the purposes of the contract, except that the Secretary may permit harvesting or grazing or other commercial use of the forage on land that is subject to the contract in response to a drought or other similar emergency; (8) not to conduct any planting of trees on land that is subject to the Contract unless the contract specifies that the harvesting ^^^ commercial sale of trees such as Christmas trees are prohibited, nor otherwise make commercial use of trees on land that is subject to the contract unless it is expressly permitted in the contract, nor adopt any similar practice specMed in the contract by the Secretary as a practice that would tend to defeat the purposes of the contract, except that no contract shall prohibit activities consistent with customary forestry practice, such as pruning, thinning, or stand improvement of trees, on lands converted to forestry use; (9) not to adopt any practice specified by the Secretary in the contract as a practice that would tend to defeat the purposes of this subtitle; and

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Page:United States Statutes at Large Volume 99 Part 2.djvu/401

 PUBLIC LAW 99-198—DEC. 23, 1985

99 STAT. 1511

(10) to comply with such additional provisions as the Secretary determines are desirable and are included in the contract to carry out this subtitle or to facilitate the practical administration thereof. (b) The plan referred to in subsection (a)(l)— (1) shall set forth— (A) the conservation measures and practices to be carried out by the owner or operator during the^ term of the contract; and (B) the commercial use, if any, to be permitted on the land during such term; and (2) may provide for the permanent retirement of any existing cropland base and allotment history for the land. (c) To the extent practicable, not less than one eighth of the number of acres of land that is placed in the conservation reserve under this subtitle in each of the 1986 through 1990 crop years shall be devoted to trees. DUTIES OF THE SECRETARY

SEC. 1233. In return for a contract entered into by an owner or operator under section 1232, the Secretary shall— (1) share the cost of carrying out the conservation measures and practices set forth in the contract for which the Secretary determines that cost sharing is appropriate and in the public interest; (2) for a period of years not in excess of the term of the contract, pay an annual rental payment in an amount necessary to compensate for— (A) the conversion of highly erodible cropland normally devoted to the production of an agricultural commodity on a farm or ranch to a less intensive use; and (B) the retirement of any cropland base and allotment history that the owner or operator agrees to retire permanently; and (3) provide conservation technical assistance to assist the owner or operator in carrying out the contract.

Contracts. 16 USC 3833. Ante, p. 1509.

PAYMENTS

SEC. 1234. (a) The Secretary shall provide payment for obligations incurred by the Secretary under a contract entered into under this subtitle— (1) with respect to any cost-sharing payment obligation incurred by the Secretary, as soon as possible after the obligation is incurred; and (2) with respect to any annual rental payment obligation incurred by the Secretary— (A) as soon as practicable after October 1 of each calendar year; or (B) at the discretion of the Secretary, at any time prior to such date during the year that the obligation is incurred. G)) In making cost sharing payments to owners and operators under contracts entered into under this subtitle, the Secretary shall pay 50 percent of the cost of establishing conservation measures and practices set forth in such contracts for which the Secretary determines that cost-sharing is appropriate and in the public interest.

Contracts. 16 USC 3834.

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Page:United States Statutes at Large Volume 99 Part 2.djvu/402

 99 STAT. 1512

Regulations.

PUBLIC LAW 99-198—DEC. 23, 1985

(c)(l) In determining the amount of annual rental payments to be paid to owners and operators for converting highly erodible cropland normally devoted to the production of an agricultural commodity to less intensive use, the Secretary may consider, among other things, the amount necessary to encourage owners or operators of highly erodible cropland to participate in the program established by this subtitle. (2) The amounts payable to owners or operators in the form of rental payments under contracts entered into under this subtitle may be determined through— (A) the submission of bids for such contracts by owners and operators in such manner as the Secretary may prescribe; or (B) such other means as the Secretary determines are appropriate. (3) In determining the acceptability of contract offers, the Secretary may— (A) take into consideration the extent of erosion on the land that is the subject of the contract and the productivity of the acreage diverted; (B) where appropriate, accept contract offers that provide for the establishment of— (i) shelterbelts and windbreaks; or (ii) permanently vegetated stream borders, filter strips of permanent grass, forbs, shrubs, and trees that will reduce sedimentation substantially; (C) establish different criteria in various States and regions of the United States to determine the extent to which erosion may be abated; and (D) give priority to offers made by owners and operators who are subject to the highest degree of economic stress, such as a general tightening of agricultural credit or an unfavorable relationship between production costs and prices received for agricultural commodities. (d)(1) Except as otherwise provided in this section, payments under this subtitle— (A) shall be made in cash or in commodities in such amount and on such time schedule as is agreed on and specified in the contract; and (B) may be made in advance of determination of performance. (2) If such payment is made with in-kind commodities, such payment shall be made by the Commodity Credit Corporation— (A) by delivery of the commodity involved to the owner or operator at a warehouse or other similar facility located in the county in which the highly erodible cropland is located or at such other location as is agreed to by the Secretary and the owner or operator; (B) by the transfer of negotiable warehouse receipts; or (C) by such other method, including the sale of the commodity in commercial markets, as is determined by the Secretary to be appropriate to enable the owner or operator to receive efficient and expeditious possession of the commodity. (3) If stocks of a commodity acquired by the Commodity Credit Corporation are not readily available to make full payment in kind to the owner or operator, the Secretary may substitute full or partial payment in cash for payment in kind. (e) If an owner or operator who is entitled to a payment under a contract entered into under this subtitle dies, becomes incompetent,

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 PUBLIC LAW 99-198—DEC. 23, 1985

99 STAT. 1513

is otherwise unable to receive such payment, or is succeeded by another person who renders or completes the required performance, the Secretary shall make such payment, in accordance with regulations prescribed by the Secretary and without regard to any other provision of law, in such manner as the Secretary determines is fair and reasonable in light of all of the circumstances. (fKD The total amount of rental payments, including rental pay- Prohibition, ments made in the form of in-kind commodities, made to an owner or operator under this subtitle for any fiscal year may not exceed $50,000. (2)(A) The Secretary shall issue regulations— Regulations, (i) defining the term "person" as used in this subsection; and (ii) prescribing such rules as the Secretary determines necessary to ensure a fair and reasonable application of the limitation contained in this subsection, (B) The regulations issued by the Secretary on December 18, 1970, under section 101 of the Agricultural Act of 1970 (7 U.S.C. 1307), shall be used to determine whether corporations and their stockholders may be considered as separate persons under this subsection. (3) Rental payments received by an owner or operator shall be in addition to, and not affect, the tot^d amount of payments that such owner or operator is otherwise eligible to receive under this Act or the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.). CONTRACTS

SEC. 1235. (a)(1) No contract shall be entered into under this Prohibition. subtitle concerning land with respect to which the ownership has 16 USC 3835. changed in the 3-year period preceding the first year of the contract period unless— (A) the new ownership was acquired by will or succession as a result of the death of the previous owner; (B) the new ownership was acquired before January 1, 1985; or (C) the Secretary determines that the land was acquired under circumstances that give adequate assurance that such land was not acquired for the purpose of placing it in the program established by this subtitle. (2) Paragraph (1) shall not— Prohibitions. (A) prohibit the continuation of an agreement by a new owner after an agreement has been entered into under this subtitle; or (B) require a person to own the land as a condition of eligibility for entering into the contract if the person— (i) has operated the land to be covered by a contract under this section for at least 3 years preceding the date of the contract or since January 1, 1985, whichever is later; and (ii) controls the land for the contract period. (b) If during the term of a contract entered into under this subtitle an owner or operator of land subject to such contract sells or otherwise transfers the ownership or right of occupancy of such land, the new owner or operator of such land may— (1) continue such contract under the same terms or conditions; (2) enter into a new contract in accordance with this subtitle; or

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Page:United States Statutes at Large Volume 99 Part 2.djvu/404

 99 STAT. 1514

PUBLIC LAW 99-198—DEC. 23, 1985

(3) elect not to participate in the program established by this subtitle. (c)(1) The Secretary may modify a contract entered into with an owner or operator under this subtitle if— (A) the owner or operator agrees to such modification; and (B) the Secretary determines that such modification is desirable— (i) to carry out this subtitle; (ii) to facilitate the practical administration of this subtitle; or (iii) to achieve such other goals as the Secretary determines are appropriate, consistent with this subtitle. (2) The Secretary may modify or waive a term or condition of a contract entered into under this subtitle in order to permit all or part of the land subject to such contract to be devoted to the production of an agricultural commodity during a crop year, subject to such conditions as the Secretary determines are appropriate. (d)(1) The Secretary may terminate a contract entered into with an owner or operator under this subtitle i— f • (A) the owner or operator agrees to such termination; and (B) the Secretary determines that such termination would be in the public interest. (2) At least 90 days before taking any action to terminate under paragraph (1) all conservation reserve contracts entered into under this subtitle, the Secretary shall provide written notice of such action to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate. BASE HISTORY 16 USC 3836.

Regulations. Contracts. Ante, pp. 1506, 1507.

SEC. 1236. (a) A reduction, based on a ratio between the total cropland acreage on the farm and the acreage placed in the conservation reserve authorized by this subtitle, as determined by the Secretary, shall be made during the period of the contract, in the aggregate, in crop bases, quotas, and allotments on the farm with respect to crops for which there is a production adjustment program. (b) Notwithstanding sections 1211 and 1221, the Secretary, by appropriate regulation, may provide for preservation of cropland base and allotment history applicable to acreage converted from the production of Mricultural commodities under this section, for the purpose of any Federal program under which the history is used as a basis for participation in the program or for an allotment or other limitation in the program, unless the owner and operator agree under the contract to retire permanently that cropland base and allotment history. Subtitle E—Administration USE OF COMMODITY CREDIT CORPORATION

16 USC 3841. Ante, p. 1509. Prohibition.

SEC. 1241. (a)(1) During each of the fiscal years ending September 30, 1986, and September 30, 1987, the ^ r e t a r y shall use the facilities, services, authorities, and funds of the Commodity Credit Corporation to carry out subtitle D. (2) During the fiscal year ending September 30, 1988, and each fiscal year thereafter, the Secretary may use the facilities, services, authorities, and funds of the Commodity Credit Corporation to carry out subtitle D, except that the Secretary may not use funds of the

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99 STAT. 1515

Corporation for such purpose unless the Corporation has received funds to cover such expenditures from appropriations made to carry out this subtitle. (b) The authority provided by subtitles (A) through (E) shall be in addition to, and not in place of, other authority granted to the Secretary and the Commodity Credit Corporation.

Ante, pp. 15041514.

USE OF OTHER AGENCIES

SEC. 1242. (a) In carrying out subtitles B, C, and D, the Secretary shall use the services of local, county, and State committees established under section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)). (b)(1) In carrying out subtitle D, the Secretary may utilize the services of the Soil Conservation Service and the Forest Service, the Fish and Wildlife Service, State forestry agencies, State fish and game agencies, land-grant colleges, local, county, and State committees established under section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h), soil and water conservation districts, and other appropriate agencies. (2) In carrying out subtitle D at the State and county levels, the Secretary shall consult with, to the extent practicable, the Fish and Wildlife Service, State forestry agencies, State fish and game agencies, land-grant colleges, soil-conservation districts, and other appropriate agencies.

16 USC 3842. Ante, pp. 1506, 1507, 1509. Schools and colleges.

Schools and colleges.

ADMINISTRATION

SEC. 1243. (a) The Secretary shall establish, by regulation, an appeal procedure under which a person who is adversely affected by any determination made under subtitles A through E may seek review of such determination. (b) Ineligibility under section 1211 or 1212 of a tenant or sharecropper for benefits shall not cause a landlord to be ineligible for benefits for which the landlord would otherwise be eligible with respect to commodities produced on lands other than those operated by the tenant or sharecropper. (c) In carrying out subtitles B through E, the Secretary shall provide adequate safeguards to protect the interests of tenemts and sharecroppers, including provision for sharing, on a fair and equitable basis, in payments under the program established by subtitle D.

Regulations. 16 USC 3843.

Ante, p. 1506.

REGULATIONS

SEC. 1244. Not later than 180 days after the date of enactment of this Act, the Secretary shall issue such regulations as the Secretary determines are necessary to carry out subtitles A through E, including regulations that— (1) define the term "person"; (2) govern the determination of persons who shall be ineligible for program benefits under subtitles B and C, so as to ensure a fair and reasonable determination of ineligibility; and (3) protect the interests of landlords, tenants, and sharecroppers.

16 USC 3844.

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Page:United States Statutes at Large Volume 99 Part 2.djvu/406

 99 STAT. 1516

PUBLIC LAW 99-198—DEC. 23, 1985 AUTHORIZATION FOR APPROPRIATIONS

16 USC 3845. Ante, pp. 15041514.

SEC. 1245. There are authorized to be appropriated without fiscal year limitation such sums as may be necessary to carry out subtitles A through E. Subtitle F—Other Conservation Provisions TECHNICAL ASSISTANCE FOR WATER RESOURCES

State and local governments. 16 USC 2005a.

Report.

Report.

SEC. 1251. (a) Notwithstanding any other provision of law, the Secretary of Agriculture may formulate plans and provide technical assistance to property owners and agencies of State and local governments and interstate river basin commissions, at their request, to— (1) protect the quality and quantity of subsurface water, including water in the Nation's aquifers; (2) enable property owners to reduce their vulnerability to flood hazards that also may affect water resources; and (3) control the salinity in the Nation's agricultural water resources. (b) The Secretary shall submit by February 15, 1987, to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report evaluating the plans and technical assistance authorized in subsection (a). Such report shall include any recommendations as to whether the plan and assistance should be extended, how any plan and assistance could be improved, and any other relevant information and data relating to costs and other elements of the plan or assistance that would be helpful to such Committees. SOIL AND WATER RESOURCES CONSERVATION

16 USC 2005.

President of U.S.

President of U.S.

SEC. 1252. (a) Subsection (d) of section 5 of the Soil and Water Resources Conservation Act of 1977 (16 U.S.C. 2004(b)) is amended to read as follows: "(d) The Secretary shall conduct four comprehensive appraisals under this section, to be completed by December 31, 1979, December 31, 1986, December 31, 1995, and December 31, 205, respectively. The Secretary may make such additional interim appraisals as the Secretary considers appropriate.". (b) Subsection (b) of section 6 of such Act (16 U.S.C. 2205(b)) is amended to read as follows: "(b) The initial program shall be completed not later than December 31, 1979, and program updates shall be completed by December 31, 1987, December 31, 1997, and December 31, 2007, respectively.". (c) Section 7 of such Act (16 U.S.C. 2006) is amended by— (1) striking out subsection (a) and inserting in lieu thereof the following new subsection: "(a)(1) At the time Congress convenes in 1980, 1987, 1996, and 2006, the President shall transmit to the Speaker of the House of Representatives and the President of the Senate the appraisal developed under section 5 and completed prior to the end of the previous year. "(2) At the time Congress convenes in 1980, 1988, 1998, and 2008, the President shall transmit to the Speaker of the House of Representatives and the President of the Senate the initial program or updated program developed under section 6 and completed prior to

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99 STAT. 1517

the end of the previous year, together with a detailed statement of policy regarding soil and water conservation activities of the United States Department of Agriculture."; (2) striking out subsection (b); and (3) redesignating subsection (c) as subsection (b). (d) Section 10 of such Act (16 U.S.C. 2009) is amended by striking out "1985" and inserting in lieu thereof "2008". DRY LAND FARMING

SEC. 1253. The first sentence of section 7(a) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590g(a)) is amended by— (1) striking out "and" at the end of clause (5); and (2) inserting before the period the following: ", and (7) the promotion of energy and water conservation through dry land farming". SOFTWOOD TIMBER

SEC. 1254. Section 608 of the Agricultural Programs Adjustment Act of 1984 (7 U.S.C. 1981 note) is amended to read as follows:

98 Stat. 140.

SOFTWOOD TIMBER

"SEC. 608. (a)(1) Notwithstanding any other provision of law, the Loans. Secretary of Agriculture (hereinafter in this section referred to as the 'Secretary') may implement a program, pursuant to the rec;< j ! ommendations contained in the study mandated by section 608 of the Agricultural Programs Adjustment Act of 1984 (7 U.S.C. 1421 note), under which a distressed loan (as determined by the Sec- 7 USC 1981 note. retary) made or insured under the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.), or a portion thereof, may be reamortized with the use of future revenue produced from the planting of softwood timber crops on marginal land (as determined by the Secretary) that— "(A) was previously used to produce an agricultural commodir ity or as pasture; and "(B) secures a loan made or insured under such Act. "(2) Accrued interest on a loan reamortized under this section may be capitalized and interest charged on such interest. "(3) All or a portion of the payments on such reamortized loan may be deferred until such softwood timber crop produces revenue or for a term of 45 years, whichever comes first. "(4) Repayment of such reamortized loan shall be made not later than 50 years after the date of reamortization. "(b) The interest rate on such reamortized loans shall be determined by the Secretary, but not in excess of the current average )deld on outstanding marketable obligations of the United States with periods to maturity comparable to the average maturities of such loans, plus not to exceed 1 percent, as determined by the Secretary and adjusted to the nearest one-eighth of 1 percent. "(c) To be eligible for such program— "(1) the borrower of such reamortized loan must place not less than 50 acres of such land in softwood timber production; "(2) such land (including timber) may not have any lien Prohibition, against such land other than a lien for—

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Page:United States Statutes at Large Volume 99 Part 2.djvu/408

 99 STAT. 1518 7 USC 1921 note.

Prohibition.

PUBLIC LAW 99-198—DEC. 23, 1985

"(A) a loan made or insured under the Consolidated Farm and Rural Development Act to secure such reamortized loan; or "(B) a loan made under this section, at the time of reamortization or thereafter, that is subject to a lien on such land (including timber) in favor of the Secretary; and "(3) the total amount of loans secured by such land (including timber) may not exceed $1,000 per acre. "(d)(l) To assist such borrowers to place such land in softwood timber production, the Secretary may make loans to such borrowers for such purpose in an aggregate amount not to exceed the actual cost of tree planting for land placed in the program. "(2) Any such loan shall be secured by the land (including timber) on which the trees are planted. "(3) Such loans shall be made on the same terms and conditions as are provided in this section for reamortized loans. "(e) The Secretary shall issue such rules as are necessary to carry out this section, including rules prescribing terms and conditions for— "(1) reamortizing and making loans under this section; "(2) entering into security instruments and agreements under this section; and "(3) management and harvesting practices of the timber crop. "(f) There are authorized to be appropriated such sums as are necessary to carry out this section. "(g) No more than 50,000 acres may be placed in such program.". AMENDMENT TO FARMLAND PROTECTION POLICY ACT

Regulations.

7 USC 4202.

SEC. 1255. (a) Section 1546 of the Farmland Protection Policy Act (7 U.S.C. 4207) is amended by striking out "Within one year after the enactment of this subtitle," and inserting in lieu thereof "On January 1, 1987, and at the beginning of each subsequent calendar year.". Q}) Section 1548 of such Act (7 U.S.C. 4209) is amended by striking out "any State, local unit of government, or" and inserting before the period ": Provided, That the Governor of an affected State where a State policy or program exists to protect farmland may bring an action in the Federal district court of the district where a Federal program is proposed to enforce the requirements of section 1541 of this subtitle and r^^lations issued pursuant thereto". TITLE XIII—CREDIT JOINT OPERATIONS

SEC. 1301. (a) Sections 302 and 311(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1922 and 1941(a), respectively) are each amended by— (1) striking out "and partnerships" each place it appears after "corporations" and inserting ", partnerships, and joint operations" in lieu thereof; (2) striking out ", and partnerships" each place it appears after "corporations" and inserting ", partnerships, and joint operations" in lieu thereof; and

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