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H.R. 2854 (rh) To modify the operation of certain agricultural programs. [Reported in House] ...
Calendar No. 338 104th CONGRESS 2d Session H. R. 2854 _______________________________________________________________________ AN ACT To modify the operation of certain agricultural programs. _______________________________________________________________________ February 29 (legislative day, February 28), 1996 Received; read twice and placed on the calendar Calendar No. 338 104th CONGRESS 2d Session H. R. 2854 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 29 (legislative day, February 28), 1996 Received; read twice and placed on the calendar _______________________________________________________________________ AN ACT To modify the operation of certain agricultural programs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Agricultural Market Transition Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--AGRICULTURAL MARKET TRANSITION PROGRAM Sec. 101. Purpose. Sec. 102. Definitions. Sec. 103. Production flexibility contracts. Sec. 104. Nonrecourse marketing assistance loans and loan deficiency payments. Sec. 105. Payment limitations. Sec. 106. Peanut program. Sec. 107. Sugar program. Sec. 108. Administration. Sec. 109. Elimination of permanent price support authority. Sec. 110. Effect of amendments. TITLE II--DAIRY Sec. 201. Milk price support program. Sec. 202. Consolidation and reform of federal milk marketing orders. Sec. 203. Dairy export incentive program. Sec. 204. Effect on fluid milk standards in the State of California. Sec. 205. Repeal of milk manufacturing marketing adjustment. Sec. 206. Promotion. TITLE III--CONSERVATION Sec. 301. Conservation. Sec. 302. Wetlands reserve program. Sec. 303. Elimination of consultation requirements with Sectary of the Interior. Sec. 304. Environmental conservation acreage reserve program. Sec. 305. Conservation reserve program. TITLE IV--AGRICULTURAL PROMOTION AND EXPORT PROGRAMS Subtitle A--Agricultural Promotion and Export Enhancement Programs Sec. 401. Market promotion program. Sec. 402. Export enhancement program. Subtitle B--Amendments to Agricultural Trade Development and Assistance Act of 1954 and Related Statutes Sec. 411. Food aid to developing countries. Sec. 412. Trade and development assistance. Sec. 413. Agreements regarding eligible countries and private entities. Sec. 414. Terms and conditions of sales. Sec. 415. Use of local currency payment. Sec. 416. Eligible organizations. Sec. 417. Generation and use of foreign currencies. Sec. 418. General levels of assistance under Public Law 480. Sec. 419. Food aid consultative group. Sec. 420. Support of nongovernmental organizations. Sec. 421. Commodity determinations. Sec. 422. General provisions. Sec. 423. Agreements. Sec. 424. Administrative provisions. Sec. 425. Expiration date. Sec. 426. Regulations. Sec. 427. Independent evaluation of programs. Sec. 428. Authorization of appropriations. Sec. 429. Coordination of foreign assistance programs. Sec. 430. Use of certain local currency. Sec. 431. Level of assistance to farmer to farmer program. Sec. 432. Food security commodity reserve. Sec. 433. Food for progress program. Subtitle C--Amendments to Agricultural Trade Act of 1978 Sec. 451. Agricultural export promotion stragegy. Sec. 452. Export credits. Sec. 453. Export program and food assistance transfer authority. Sec. 454. Arrival certification. Sec. 455. Regulations. Sec. 456. Foreign agricultural service. Sec. 457. Reports. Subtitle D--Miscellaneous Sec. 471. Reporting requirements relating to tobacco. Sec. 472. Triggered export enhancement. Sec. 473. Disposition of commodities to prevent waste. Sec. 474. Debt-for-health-and-protection swap. Sec. 475. Policy on expansion of international markets. Sec. 476. Policy on maintenance and development of export markets. Sec. 477. Policy on trade liberalization. Sec. 478. Agricultural trade negotiations. Sec. 479. Policy on unfair trade practices. Sec. 480. Agricultural aid and trade missions. Sec. 481. Annual reports by agricultural attaches. Sec. 482. World livestock market price information. Sec. 483. Orderly liquidation of stocks. Sec. 484. Sales of extra long staple cotton. Sec. 485. Regulations. Sec. 486. Emerging markets. Sec. 487. Implementation of commitments under Uruguay Round Agreements. Sec. 488. Sense of Congress concerning multilateral disciplines on credit guarantees. Sec. 489. Foreign market development cooperator program. Subtitle E--Dairy Exports Sec. 491. Dairy export incentive program. Sec. 492. Authority to assist in establishment and maintenance of export trading company. Sec. 493. Standby authority to indicate entity best suited to provide international market development and export services. Sec. 494. Study and report regarding potential impact of Urguay Round on prices, income and government purchases. Sec. 495. Promotion of United States dairy products in international markets through dairy promotion program. TITLE V--MISCELLANEOUS Sec. 501. Crop insurance. Sec. 502. Collection and use of agricultural quarantine and inspection fees. Sec. 503. Commodity Credit Corporation interest rate. Sec. 504. Establishment of Office of Risk Management. Sec. 505. Business Interruption Insurance Program. Sec. 506. Continuation of options pilot program. Sec. 507. Everglades agricultural area. Sec. 508. Sense of Congress regarding purchase of American-made equipment and products; requirement regarding notice. TITLE VI--COMMISSION ON 21ST CENTURY PRODUCTION AGRICULTURE Sec. 601. Establishment. Sec. 602. Composition. Sec. 603. Comprehensive review of past and future of production agriculture. Sec. 604. Reports. Sec. 605. Powers. Sec. 606. Commission procedures. Sec. 607. Personnel matters. Sec. 608. Termination of Commission. TITLE VII--EXTENSION OF CERTAIN AUTHORITIES Sec. 701. Extension of authority under Public Law 480. Sec. 702. Extension of food for progress program. TITLE I--AGRICULTURAL MARKET TRANSITION PROGRAM SEC. 101. PURPOSE. It is the purpose of this title-- (1) to authorize the use of binding production flexibility contracts between the United States and agricultural producers to support farming certainty and flexibility while ensuring continued compliance with farm conservation compliance plans and wetland protection requirements; (2) to make nonrecourse marketing assistance loans and loan deficiency available for certain crops; (3) to improve the operation of farm programs for peanuts and sugar; and (4) to terminate price support authority under the Agricultural Act of 1949. SEC. 102. DEFINITIONS. In this title: (1) Considered planted.--The term ``considered planted'' means acreage that is considered planted under title V of the Agricultural Act of 1949 (7 U.S.C. 1461 et seq.) (as in effect prior to the amendment made by section 109(b)(2)) and such other acreage as the Secretary considers fair and equitable. (2) Contract.--The term ``contract'' means a production flexibility contract entered into under section 103. (3) Contract acreage.--The term ``contract acreage'' means 1 or more crop acreage bases established for contract commodities under title V of the Agricultural Act of 1949 (as in effect prior to the amendment made by section 109(b)(2)) that would have been in effect for the 1996 crop (but for the amendment made by section 109(b)(2)). (4) Contract commodity.--The term ``contract commodity'' means wheat, corn, grain sorghum, barley, oats, upland cotton, and rice. (5) Contract payment.--The term ``contract payment'' means a payment made under section 103 pursuant to a contract. (6) Department.--The term ``Department'' means the United States Department of Agriculture. (7) Farm program payment yield.--The term ``farm program payment yield'' means the farm program payment yield established for the 1995 crop of a contract commodity under section 505 of the Agricultural Act of 1949 (as in effect prior to the amendment made by section 109(b)(2)) The Secretary shall adjust the farm program payment yield for the 1995 crop of a contract commodity to account for any additional yield payments made with respect to that crop under subsection (b)(2) of the section. (8) Loan commodity.--The term ``loan commodity'' means each contract commodity, extra long staple cotton, and oilseeds. (9) Oilseed.--The term ``oilseed'' means a crop of soybeans, sunflower seed, rapeseed, canola, safflower, flaxseed, mustard seed, or, if designated by the Secretary, other oilseeds. (10) Producer.--The term ``producer'' means an owner, landlord, tenant, or sharecropper who shares in the risk of producing a crop and who is entitled to share in the crop available for marketing from the farm, or would have shared had the crop been produced. In determining whether a grower of hybrid seed is a producer, the Secretary shall not take into consideration the existence of a hybrid seed contract. (11) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (12) State.--The term ``State'' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States. (13) United states.--The term ``United States'', when used in a geographical sense, means all of the States. SEC. 103. PRODUCTION FLEXIBILITY CONTRACTS. (a) Contracts Authorized.-- (1) Offer and terms.--Beginning as soon as practicable after the date of the enactment of this title, the Secretary shall offer to enter into a contract with an eligible owner or operator described in paragraph (2) on a farm containing eligible farmland. Under the terms of a contract, the owner or operator shall agree, in exchange for annual contract payments, to-- (A) comply with the conservation plan for the farm prepared in accordance with section 1212 of the Food Security Act of 1985 (16 U.S.C. 3812); (B) comply with wetland protection requirements applicable to the farm under subtitle C of title XII of the Act (16 U.S.C. 3821 et seq.); and (C) comply with the planting flexibility requirements of subsection (j); and (D) to use the land subject to the contract for agricultural or related activities, but not for nonagricultural commercial or industrial uses. (2) Eligible owners and operators described.--The producers and owners described in this paragraph shall be eligible to enter into a contract: (A) An owner of eligible farmland who assumes all of the risk of producing a crop. (B) An owner of eligible farmland who shares in the risk of producing a crop. (C) An operator of eligible farmland with a share- rent lease of the eligible farmland, regardless of the length of the lease, if the owner enters into the same contract. (D) An operator of eligible farmland who cash rents the eligible farmland under a lease expiring on or after September 30, 2002, in which case the consent of the owner is not required. (E) An operator of eligible farmland who cash rents the eligible farmland under a lease expiring before September 30, 2002, if the owner consents to the contract. (F) An owner of eligible farmland who cash rents the eligible farmland and the lease term expires before
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