| S 2768 IS
107th CONGRESS
2d Session
S. 2768
To provide to agricultural
producers emergency livestock assistance and assistance for control of
grasshoppers and Mormon crickets, with offsets.
IN THE SENATE OF THE UNITED
STATES
July 22, 2002
Mr. HAGEL (for himself and Mr.
ENZI) introduced the following bill; which was read twice and referred
to the Committee on Agriculture, Nutrition, and Forestry
A BILL
To provide to agricultural
producers emergency livestock assistance and assistance for control of
grasshoppers and Mormon crickets, with offsets.
Be it enacted by the
Senate and House of Representatives of the United States of America in
Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as
the `Emergency Livestock Assistance Act of 2002'.
SEC. 2. ASSISTANCE FOR LIVESTOCK
PRODUCERS.
(a) IN GENERAL- Subject
to subsection (b), the Secretary shall use the funds, facilities, and authorities
of the Commodity Credit Corporation in an amount equal to $620,000,000
to make and administer payments for livestock losses using the criteria
established to carry out the 1999 Livestock Assistance Program (except
for application of the national percentage reduction factor) to producers
for 2001 and 2002 losses in a county that has received an emergency designation
by the President or the Secretary in calendar year 2001 or 2002.
(b) PREVENTION OF DOUBLE
PAYMENTS- If a producer is on a farm located in a county that received
an emergency designation described in subsection (a) in each of calendar
years 2001 and 2002, the producer may receive payments under this section
for losses associated with the declaration in either calendar year 2001
or calendar year 2002, but not both.
SEC. 3. CONTROL OF GRASSHOPPERS
AND MORMON CRICKETS.
(a) IN GENERAL- The Secretary
shall use $14,000,000 of the funds of the Commodity Credit Corporation
to control grasshoppers and Mormon crickets on Federal, State, and private
land during fiscal years 2002 and 2003, in accordance with section 417
of the Plant Protection Act (7 U.S.C. 7717).
(b) FEDERAL COST SHARE OF
TREATMENT- Section 417(d) of the Plant Protection Act (7 U.S.C. 7717(d))
is amended--
(1) in paragraph (2), by
inserting `(or, in the case of costs incurred during fiscal years 2002
and 2003, 66.67 percent)' after `50 percent'; and
(2) in paragraph (3), by
inserting `(or, in the case of costs incurred during fiscal years 2002
and 2003, 66.67 percent)' after `33.3 percent'.
SEC. 4. OFFSETS.
(a) LOAN RATES- Section
1202 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7932)
is amended--
(1) in subsection (a), by
striking `2002 AND 2003 CROP YEARS- For purposes of the 2002 and 2003 crop
years,' and inserting `2002 CROP YEAR- For purposes of the 2002 crop year,';
and
(2) in subsection (b), by
striking `2004 THROUGH 2007 CROP YEARS- For purposes of the 2004 through
2007 crop years,' and inserting `2003 THROUGH 2007 CROP YEARS- For purposes
of the 2003 through 2007 crop years,'.
(b) ENVIRONMENTAL QUALITY
INCENTIVES PROGRAM-
(1) ALLOCATION OF FUNDING-
Section 1240B(g) of the Food Security Act of 1985 (16 U.S.C. 3839aa-2(g))
is amended by striking `For each of fiscal years 2002 through 2007, 60
percent' and inserting `For fiscal year 2002 and each of fiscal years 2004
through 2007, 60 percent, and for fiscal year 2003, 100 percent,'.
(2) FISCAL YEAR 2003 FUNDING-
Section 1241(a)(6)(B) of the Food Security Act of 1985 (16 U.S.C. 3841(a)(6)(B))
is amended by striking `$700,000,000' and inserting `$420,000,000'.
(c) DESERT TERMINAL LAKES-
(1) IN GENERAL- Section
2507 of the Farm Security and Rural Investment Act of 2002 (43 U.S.C. 2211
note; Public Law 107-171) is repealed.
(2) RESCISSION- Funds transferred
under that section (as in effect before the amendment made by paragraph
(1)) are rescinded.
SEC. 5. REGULATIONS.
(a) IN GENERAL- The Secretary
may promulgate such regulations as are necessary to implement this Act
and the amendments made by this Act.
(b) PROCEDURE- The promulgation
of the regulations and administration of this Act and the amendments made
by this Act shall be made without regard to--
(1) the notice and comment
provisions of section 553 of title 5, United States Code;
(2) the Statement of Policy
of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804),
relating to notices of proposed rulemaking and public participation in
rulemaking; and
(3) chapter 35 of title
44, United States Code (commonly known as the `Paperwork Reduction Act').
(c) CONGRESSIONAL REVIEW
OF AGENCY RULEMAKING- In carrying out this section, the Secretary shall
use the authority provided under section 808 of title 5, United States
Code.
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