r/title-7-AGRICULTURE wiki — defined terms

“direct payment” applies throughout its chapter

The term “direct payment” means a payment made to producers on a farm under section 7913 of this title . (6) Effective price The term “effective price”, with respect to a covered commodity for a crop year, means the price calculated by the Secretary under section 7914 of this title to determine whether counter-cyclical payments are required to be made for that crop year. (7) Extra long staple cotton

“extra long staple cotton” applies throughout its chapter

The term “extra long staple cotton” means cotton that— (A) is produced from pure strain varieties of the Barbadense species or any hybrid thereof, or other similar types of extra long staple cotton, designated by the Secretary, having characteristics needed for various end uses for which United States upland cotton is not suitable and grown in irrigated cotton-growing regions of the United States designated by the Secretary or other areas designated by the Secretary as suitable for the production of the varieties or types; and (B) is ginned on a roller-type gin or, if authorized by the Secretary, ginned on another type gin for experimental purposes. (8) Loan commodity

“loan commodity” applies throughout its chapter

The term “loan commodity” means wheat, corn, grain sorghum, barley, oats, upland cotton, extra long staple cotton, rice, soybeans, other oilseeds, wool, mohair, honey, dry peas, lentils, and small chickpeas. (9) Other oilseed

“other oilseed” applies throughout its chapter

The term “other oilseed” means a crop of sunflower seed, rapeseed, canola, safflower, flaxseed, mustard seed, crambe, sesame seed, or, if designated by the Secretary, another oilseed. (10) Payment acres

“payment acres” applies throughout its chapter

The term “payment acres” means 85 percent of the base acres of a covered commodity on a farm, as established under section 7911 of this title , on which direct payments and counter-cyclical payments are made. (11) Payment yield (A) In general

“payment yield” applies throughout its chapter

The term “payment yield” means the yield established under section 7912 of this title for a farm for a covered commodity. (B) Updated payment yield

“producer” applies throughout its chapter

The term “producer” means an owner, operator, landlord, tenant, or sharecropper that shares in the risk of producing a crop and 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 and shall ensure that program requirements do not adversely affect the ability of the grower to receive a payment under this chapter. (13) Secretary

“Secretary” applies throughout its chapter

The term “Secretary” means the Secretary of Agriculture. (14) State

“State” applies throughout its chapter

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. (15) Target price

“target price” applies throughout its chapter

The term “target price” means the price per bushel (or other appropriate unit in the case of upland cotton, rice, and other oilseeds) of a covered commodity used to determine the payment rate for counter-cyclical payments. (16) United States The term “United States”, when used in a geographical sense, means all of the States.

“updated payment yield” applies throughout its chapter

The term “updated payment yield” means the payment yield elected by the owner of a farm under section 7912(e) of this title to be used in calculating the counter-cyclical payments for the farm. (12) Producer

“demand” applies in that section

The term “demand” means— (I) the average seasonally adjusted annual rate of domestic mill consumption during the most recent 3 months for which data are available; and (II) the larger of— (aa) average exports of upland cotton during the preceding 6 marketing years; or (bb) cumulative exports of upland cotton plus outstanding export sales for the marketing year in which the quota is established. (iii) Limited global import quota

“limited global import quota” applies in that section

The term “limited global import quota” means a quantity of imports that is not subject to the over-quota tariff rate of a tariff-rate quota. (E) Quota entry period When a quota is established under this subsection, cotton may be entered under the quota during the 90-day period beginning on the date the quota is established by the Secretary. (2) No overlap Notwithstanding paragraph (1), a quota period may not be established that overlaps an existing quota period or a special quota period established under subsection (b).

“special import quota” applies in that section

the term “special import quota” means a quantity of imports that is not subject to the over-quota tariff rate of a tariff-rate quota. (7) Limitation The quantity of cotton entered into the United States during any marketing year under the special import quota established under this subsection may not exceed the equivalent of 5 week’s consumption of upland cotton by domestic mills at the seasonally adjusted average rate of the 3 months immediately preceding the first special import quota established in any marketing year.

“supply” applies in that section

The term “supply” means, using the latest official data of the Bureau of the Census, the Department of Agriculture, and the Department of the Treasury— (I) the carry-over of upland cotton at the beginning of the marketing year (adjusted to 480-pound bales) in which the quota is established; (II) production of the current crop; and (III) imports to the latest date available during the marketing year. (ii) Demand

“high moisture state” applies in that section

the term “high moisture state” means corn or grain sorghum having a moisture content in excess of Commodity Credit Corporation standards for marketing assistance loans made by the Secretary under section 7931 of this title . (b) Recourse loans available for seed cotton For each of the 2002 through 2007 crops of upland cotton and extra long staple cotton, the Secretary shall make available recourse seed cotton loans, as determined by the Secretary, on any production. (c) Repayment rates Repayment of a recourse loan made under this section shall be at the loan rate established for the commodity by the Secretary, plus interest (determined in accordance with section 7283 of this title ).

“base acres for peanuts” applies throughout its subchapter

The term “base acres for peanuts” means the number of acres assigned to a farm by historic peanut producers pursuant to section 7952(b) of this title . (2) Counter-cyclical payment

“counter-cyclical payment” applies throughout its subchapter

The term “counter-cyclical payment” means a payment made under section 7954 of this title . (3) Effective price

“direct payment” applies throughout its subchapter

The term “direct payment” means a payment made under section 7953 of this title . (5) Historic peanut producer

“effective price” applies throughout its subchapter

The term “effective price” means the price calculated by the Secretary under section 7954 of this title for peanuts to determine whether counter-cyclical payments are required to be made under that section for a crop year. (4) Direct payment

“historic peanut producer” applies throughout its subchapter

The term “historic peanut producer” means a producer on a farm in the United States that produced or was prevented from planting peanuts during any or all of the 1998 through 2001 crop years. (6) Payment acres

“payment acres” applies throughout its subchapter

The term “payment acres” means— (A) for the 2002 crop of peanuts, 85 percent of the average acreage determined under section 7952(a)(2) of this title for an historic peanut producer; and (B) for the 2003 through 2007 crops of peanuts, 85 percent of the base acres for peanuts assigned to a farm under section 7952(b) of this title . (7) Payment yield

“payment yield” applies throughout its subchapter

The term “payment yield” means the yield assigned to a farm by historic peanut producers pursuant to section 7952(b) of this title . (8) Producer

“producer” applies throughout its subchapter

The term “producer” means an owner, operator, landlord, tenant, or sharecropper that shares in the risk of producing a crop on a farm and 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 and shall ensure that program requirements do not adversely affect the ability of the grower to receive a payment under this subchapter. (9) Secretary

“Secretary” applies throughout its subchapter

The term “Secretary” means the Secretary of Agriculture. (10) State

“State” applies throughout its subchapter

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. (11) Target price

“target price” applies throughout its subchapter

The term “target price” means the price per ton of peanuts used to determine the payment rate for counter-cyclical payments. (12) United States The term “United States”, when used in a geographical sense, means all of the States.

“transition period” applies in that section

the term “transition period” means the period beginning on May 13, 2002 , and ending on the earlier of— (A) the date the Secretary appoints the members of the Peanut Standards Board pursuant to subsection (c); or (B) 180 days after May 13, 2002 . (h) Effective date This section shall take effect with the 2002 crop of peanuts.

“Class I milk” applies in that section

The term “Class I milk” means milk (including milk components) classified as Class I milk under a Federal milk marketing order. (2) Eligible production

“eligible production” applies in that section

The term “eligible production” means milk produced by a producer in a participating State. (3) Federal milk marketing order

“Federal milk marketing order” applies in that section

The term “Federal milk marketing order” means an order issued under section 608c of this title . (4) Participating State

“participating State” applies in that section

The term “participating State” means each State. (5) Producer

“producer” applies in that section

The term “producer” means an individual or entity that directly or indirectly (as determined by the Secretary)— (A) shares in the risk of producing milk; and (B) makes contributions (including land, labor, management, equipment, or capital) to the dairy farming operation of the individual or entity that are at least commensurate with the share of the individual or entity of the proceeds of the operation. (b) Payments The Secretary shall offer to enter into contracts with producers on a dairy farm located in a participating State under which the producers receive payments on eligible production.

“national dairy policy” applies in that section

the term “national dairy policy” means the dairy policy of the United States as evidenced by the following policies and programs: (1) Federal milk marketing orders issued under section 608c of this title . (2) Interstate dairy compacts (including proposed compacts described in H.R. 1827 and S. 1157, as introduced in the 107th Congress). (3) Over-order premiums and State pricing programs. (4) Direct payments to milk producers. (5) Federal milk price support program established under section 7981 of this title . 1 (6) Export programs regarding milk and dairy products, such as the dairy export incentive program established under section 713a–14 of title 15 . 1

“agricultural commodity” applies in that section

The term “agricultural commodity” means any agricultural commodity, food, feed, fiber, or livestock that is subject to a covered program. (2) Covered program (A) In general

“covered program” applies in that section

The term “covered program” means— (i) a program administered by the Secretary under which price or income support, or production or market loss assistance, is provided to producers of agricultural commodities; and (ii) a conservation program administered by the Secretary. (B) Exclusions The term “covered program” does not include— (i) an agricultural credit program carried out under the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1921 et seq.); or (ii) the crop insurance program carried out under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq.). (3) Participant

“participant” applies in that section

The term “participant” means a participant in a covered program. (4) State Conservationist

“State Conservationist” applies in that section

The term “State Conservationist” means the State Conservationist with respect to a program administered by the Natural Resources Conservation Service. (5) State Director

“State Director” applies in that section

The term “State Director” means the State Executive Director of the Farm Service Agency with respect to a program administered by the Farm Service Agency. (b) Equitable relief The Secretary may provide relief to any participant that is determined to be not in compliance with the requirements of a covered program, and therefore ineligible for a loan, payment, or other benefit under the covered program, if the participant— (1) acting in good faith, relied on the action or advice of the Secretary (including any authorized representative of the Secretary) to the detriment of the participant; or (2) failed to comply fully with the requirements of the covered program, but made a good faith effort …

“Administrator” applies throughout its chapter

The term “Administrator” means the Administrator of the Environmental Protection Agency. (2) Advisory Committee

“advanced biofuel” applies throughout its chapter

The term “advanced biofuel” means fuel derived from renewable biomass other than corn kernel starch. (B) Inclusions Subject to subparagraph (A),

“Advisory Committee” applies throughout its chapter

The term “Advisory Committee” means the Biomass Research and Development Technical Advisory Committee established by section 8108(d)(1) of this title . (3) Advanced biofuel (A) In general

“biobased product” applies throughout its chapter

The term “biobased product” means a product determined by the Secretary to be a commercial or industrial product (other than food or feed) that is— (A) composed, in whole or in significant part, of biological products, including renewable domestic agricultural materials, renewable chemicals, and forestry materials; or (B) an intermediate ingredient or feedstock. (5) Biofuel

“biofuel” applies throughout its chapter

The term “biofuel” means a fuel derived from renewable biomass. (6) Biomass conversion facility

“biomass conversion facility” applies throughout its chapter

The term “biomass conversion facility” means a facility that converts or proposes to convert renewable biomass into— (A) heat; (B) power; (C) biobased products; or (D) advanced biofuels. (7) Biorefinery

“biorefinery” applies throughout its chapter

The term “biorefinery” means a facility (including equipment and processes) that— (A) converts renewable biomass or an intermediate ingredient or feedstock of renewable biomass into any 1 or more, or a combination, of— (i) biofuels; (ii) renewable chemicals; or (iii) biobased products; and (B) may produce electricity. (8) Board

“Board” applies throughout its chapter

The term “Board” means the Biomass Research and Development Board established by section 8108(c) of this title . (9) Forest product (A) In general

“forest product” applies throughout its chapter

The term “forest product” means a product made from materials derived from the practice of forestry or the management of growing timber. (B) Inclusions

“Indian tribe” applies throughout its chapter

The term “Indian tribe” has the meaning given the term in section 5304 of title 25 . (11) Institution of higher education

“institution of higher education” applies throughout its chapter

The term “institution of higher education” has the meaning given the term in section 1002(a) of title 20 . (12) Intermediate ingredient or feedstock

“intermediate ingredient or feedstock” applies throughout its chapter

The term “intermediate ingredient or feedstock” means a material or compound made in whole or in significant part from biological products, including renewable agricultural materials (including plant, animal, and marine materials) or forestry materials, that are subsequently used to make a more complex compound or product. (13) Renewable biomass

“renewable biomass” applies throughout its chapter

The term “renewable biomass” means— (A) materials, pre-commercial thinnings, or invasive species from National Forest System land and public lands (as defined in section 1702 of title 43 ) that— (i) are byproducts of preventive treatments that are removed— (I) to reduce hazardous fuels; (II) to reduce or contain disease or insect infestation; or (III) to restore ecosystem health; (ii) would not otherwise be used for higher-value products; and (iii) are harvested in accordance with— (I) applicable law and land management plans; and (II) the requirements for— (aa) old-growth maintenance, restoration, and management direction of paragraphs (2), (3), and (4) of subsection (e) of section 6512 of …

“renewable chemical” applies throughout its chapter

The term “renewable chemical” means a monomer, polymer, plastic, formulated product, or chemical substance produced from renewable biomass. (15) Renewable energy

“renewable energy” applies throughout its chapter

The term “renewable energy” means energy derived from— (A) a wind, solar, renewable biomass, ocean (including tidal, wave, current, and thermal), geothermal, or hydroelectric source; or (B) hydrogen derived from renewable biomass or water using an energy source described in subparagraph (A). (16) Renewable energy system (A) In general Subject to subparagraph (C),

“renewable energy system” applies throughout its chapter

the term “renewable energy system” means a system that produces usable energy from a renewable energy source. (B) Inclusions

“Secretary” applies throughout its chapter

The term “Secretary” means the Secretary of Agriculture.

“procuring agency” applies in that section

the term “procuring agency” means— (A) any Federal agency that is using Federal funds for procurement; or (B) a person that is a party to a contract with any Federal agency, with respect to work performed under such a contract.

“biobased product manufacturing” applies in that section

The term “biobased product manufacturing” means development, construction, and retrofitting of technologically new commercial-scale processing and manufacturing equipment and required facilities that will be used to convert renewable chemicals and other biobased outputs of biorefineries into end-user products on a commercial scale. (2) Eligible entity

“eligible entity” applies in that section

The term “eligible entity” means an individual, entity, Indian tribe, or unit of State or local government, including a corporation, farm cooperative, farmer cooperative organization, association of agricultural producers, National Laboratory, institution of higher education, rural electric cooperative, public power entity, or consortium of any of those entities. (3) Eligible technology

“eligible technology” applies in that section

The term “eligible technology” means, as determined by the Secretary— (A) a technology that is being adopted in a viable commercial-scale operation of a biorefinery that produces any 1 or more, or a combination, of— (i) an advanced biofuel; (ii) a renewable chemical; or (iii) a biobased product; and (B) a technology not described in subparagraph (A) that has been demonstrated to have technical and economic potential for commercial application in a biorefinery that produces any 1 or more, or a combination, of— (i) an advanced biofuel; (ii) a renewable chemical; or (iii) a biobased product.

“eligible producer” applies in that section

the term “eligible producer” means a producer of advanced biofuels. (b) Payments The Secretary shall make payments to eligible producers to support and ensure an expanding production of advanced biofuels. (c) Contracts To receive a payment, an eligible producer shall— (1) enter into a contract with the Secretary for production of advanced biofuels; and (2) submit to the Secretary such records as the Secretary may require as evidence of the production of advanced biofuels.

“eligible entity” applies in that section

The term “eligible entity” means— (A) any public power district, public utility district, or similar entity, or any electric cooperative described in section 501(c)(12) or 1381(a)(2) of title 26, that borrowed and repaid, prepaid, or is paying an electric loan made or guaranteed by the Rural Utilities Service (or any predecessor agency); (B) any entity primarily owned or controlled by 1 or more entities described in subparagraph (A); or (C) any other entity that is an eligible borrower of the Rural Utilities Service, as determined under section 1710.101 of title 7, Code of Federal Regulations (or a successor regulation). (2) Energy efficiency measures

“energy efficiency measures” applies in that section

The term “energy efficiency measures” means, for or at property served by an eligible entity, structural improvements and investments in cost-effective, commercial technologies to increase energy efficiency (including cost-effective on- or off-grid renewable energy or energy storage systems). (3) Qualified consumer

“qualified consumer” applies in that section

The term “qualified consumer” means a consumer served by an eligible entity that has the ability to repay a loan made under subsection (d), as determined by the eligible entity. (4) Secretary

“Secretary” applies in that section

The term “Secretary” means the Secretary of Agriculture, acting through the Administrator of the Rural Utilities Service. (c) Loans to eligible entities (1) In general Subject to paragraph (2), the Secretary shall make loans to eligible entities that agree to use the loan funds to make loans to qualified consumers for the purpose of implementing energy efficiency measures.

“biobased product” applies in that section

The term “biobased product” means— (A) an industrial product (including chemicals, materials, and polymers) produced from biomass; (B) a commercial or industrial product (including animal feed and electric power) derived in connection with the conversion of biomass to fuel; or (C) carbon dioxide that— (i) is intended for permanent sequestration or utilization; and (ii) is a byproduct of the production of the products described in subparagraphs (A) and (B). (2) Demonstration

“demonstration” applies in that section

The term “demonstration” means demonstration of technology in a pilot plant or semi-works scale facility, including a plant or facility located on a farm. (3) Initiative

“Initiative” applies in that section

The term “Initiative” means the Biomass Research and Development Initiative established under subsection (e). (b) Cooperation and coordination in biomass research and development (1) In general The Secretary of Agriculture and the Secretary of Energy shall coordinate policies and procedures that promote research and development regarding the production of biofuels and biobased products.

“bioenergy” applies in that section

The term “bioenergy” means fuel grade ethanol and other biofuel. (2) Bioenergy producer

“bioenergy producer” applies in that section

The term “bioenergy producer” means a producer of bioenergy that uses an eligible commodity to produce bioenergy under this section. (3) Eligible commodity

“eligible commodity” applies in that section

The term “eligible commodity” means a form of raw or refined sugar or in-process sugar that is eligible to be marketed in the United States for human consumption or to be used for the extraction of sugar for human consumption. (4) Eligible entity

“eligible entity” applies in that section

The term “eligible entity” means an entity located in the United States that markets an eligible commodity in the United States. (b) Feedstock flexibility program (1) In general (A) Purchases and sales For each of the 2008 through 2026 crops, the Secretary shall purchase eligible commodities from eligible entities and sell such commodities to bioenergy producers for the purpose of producing bioenergy in a manner that ensures that section 7272 of this title is operated at no cost to the Federal Government by avoiding forfeitures to the Commodity Credit Corporation.

“BCAP” applies in that section

The term “BCAP” means the Biomass Crop Assistance Program established under this section. (2) BCAP project area

“BCAP project area” applies in that section

The term “BCAP project area” means an area that— (A) has specified boundaries that are submitted to the Secretary by the project sponsor and subsequently approved by the Secretary; (B) includes producers with contract acreage that will supply a portion of the renewable biomass needed by a biomass conversion facility; and (C) is physically located within an economically practicable distance from the biomass conversion facility. (3) Contract acreage

“contract acreage” applies in that section

The term “contract acreage” means eligible land that is covered by a BCAP contract entered into with the Secretary. (4) Eligible crop (A) In general

“eligible crop” applies in that section

The term “eligible crop” means a crop of renewable biomass. (B) Exclusions The term “eligible crop” does not include— (i) any crop that is eligible to receive payments under title I of the Agricultural Act of 2014 [ 7 U.S.C. 9001 et seq.] or an amendment made by that title; or (ii) any plant that is invasive or noxious or species or varieties of plants that credible risk assessment tools or other credible sources determine are potentially invasive, as determined by the Secretary in consultation with other appropriate Federal or State departments and agencies. (5) Eligible land (A) In general

“eligible land” applies in that section

The term “eligible land” includes— (i) agricultural and nonindustrial private forest lands (as defined in section 2103a(c) of title 16 ); and (ii) land enrolled in the conservation reserve program established under subchapter B of chapter I of subtitle D of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3831 et seq.), or the Agricultural Conservation Easement Program established under subtitle H of title XII of that Act [ 16 U.S.C. 3865 et seq.], under a contract that will expire at the end of the current fiscal year.

“eligible material” applies in that section

The term “eligible material” means renewable biomass harvested directly from the land, including crop residue from any crop that is eligible to receive payments under title I of the Agricultural Act of 2014 [ 7 U.S.C. 9001 et seq.] or an amendment made by that title.

“producer” applies in that section

The term “producer” means an owner or operator of contract acreage that is physically located within a BCAP project area. (8) Project sponsor

“project sponsor” applies in that section

The term “project sponsor” means— (A) a group of producers; or (B) a biomass conversion facility. (9) Socially disadvantaged farmer or rancher

“socially disadvantaged farmer or rancher” applies in that section

The term “socially disadvantaged farmer or rancher” has the meaning given the term in section 2279(e) 1 of this title. (b) Establishment and purpose The Secretary shall establish and administer a Biomass Crop Assistance Program to— (1) support the establishment and production of eligible crops for conversion to bioenergy in selected BCAP project areas; and (2) assist agricultural and forest land owners and operators with the collection, harvest, storage, and transportation of eligible material for use in a biomass conversion facility. (c) BCAP project area (1) In general The Secretary shall provide financial assistance to a producer of an eligible crop in a BCAP project area.

“community wood energy system” applies in that section

The term “community wood energy system” means an energy system that— (i) produces thermal energy or combined thermal energy and electricity where thermal is the primary energy output; (ii) services public facilities owned or operated by State or local governments (including schools, town halls, libraries, and other public buildings) or private or nonprofit facilities (including commercial and business facilities, such as hospitals, office buildings, apartment buildings, and manufacturing and industrial buildings); and (iii) uses woody biomass, including residuals— (I) that have not been adulterated with glue or other chemical treatments from wood processing facilities, as the primary fuel; …

“innovative wood product facility” applies in that section

The term “innovative wood product facility” means a manufacturing or processing plant or mill that produces— (A) building components or systems that use large panelized wood construction, including mass timber; (B) wood products derived from nanotechnology or other new technology processes, as determined by the Secretary; or (C) other innovative wood products that use low-value, low-quality wood, as determined by the Secretary. (3) Mass timber

“mass timber” applies in that section

The term “mass timber” includes— (A) cross-laminated timber; (B) nail-laminated timber; (C) glue-laminated timber; (D) laminated strand lumber; and (E) laminated veneer lumber. (4) Program

“Program” applies in that section

The term “Program” means the Community Wood Energy and Wood Innovation Program established under subsection (b). (b) Competitive grant program The Secretary, acting through the Chief of the Forest Service, shall establish a competitive grant program to be known as the “Community Wood Energy and Wood Innovation Program”. (c) Matching grants (1) In general Under the Program, the Secretary shall make grants to cover not more than 35 percent of the capital cost for installing a community wood energy system or building an innovative wood product facility.

“carbon dioxide” applies in that section

The term “carbon dioxide” means carbon dioxide that is produced as a byproduct of the production of a biobased product. (2) Eligible entity

“eligible entity” applies in that section

The term “eligible entity” means an entity that— (A) is— (i) an organization described in section 501(c)(3) of title 26 and exempt from taxation under section 501(a) of that title; or (ii) an institution of higher education (as defined in section 1001(a) of title 20 ); (B) has demonstrated knowledge about— (i) sequestration and utilization of carbon dioxide; or (ii) aggregation of organic waste from multiple sources into a single biogas system; and (C) has a demonstrated ability to conduct educational and technical support programs.

“eligible orchardist” applies throughout its chapter

The term “eligible orchardist” means a person that produces annual crops from trees for commercial purposes. (2) Natural disaster

“natural disaster” applies throughout its chapter

The term “natural disaster” means plant disease, insect infestation, drought, fire, freeze, flood, earthquake, lightning, and other occurrence, as determined by the Secretary. (3) Secretary

“Secretary” applies throughout its chapter

The term “Secretary” means the Secretary of Agriculture. (4) Tree

“tree” applies throughout its chapter

The term “tree” includes a tree, bush, and vine.

“animal” applies throughout its chapter

The term “animal” means any member of the animal kingdom (except a human). (2) Article

“article” applies throughout its chapter

The term “article” means any pest or disease or any material or tangible object that could harbor a pest or disease. (3) Disease

“disease” applies throughout its chapter

The term “disease” has the meaning given the term by the Secretary. (4) Enter

“enter” applies throughout its chapter

The term “enter” means to move into the commerce of the United States. (5) Export

“export” applies throughout its chapter

The term “export” means to move from a place within the territorial limits of the United States to a place outside the territorial limits of the United States. (6) Facility

“facility” applies throughout its chapter

The term “facility” means any structure. (7) Import

“import” applies throughout its chapter

The term “import” means to move from a place outside the territorial limits of the United States to a place within the territorial limits of the United States. (8) Indian tribe

“Indian tribe” applies throughout its chapter

The term “Indian tribe” has the meaning given the term in section 5304 of title 25 . (9) Interstate commerce

“interstate commerce” applies throughout its chapter

The term “interstate commerce” means trade, traffic, or other commerce— (A) between a place in a State and a place in another State, or between places within the same State but through any place outside that State; or (B) within the District of Columbia or any territory or possession of the United States. (10) Livestock

“livestock” applies throughout its chapter

The term “livestock” means all farm-raised animals. (11) Means of conveyance

“means of conveyance” applies throughout its chapter

The term “means of conveyance” means any personal property used for or intended for use for the movement of any other personal property. (12) Move

“move” applies throughout its chapter

The term “move” means— (A) to carry, enter, import, mail, ship, or transport; (B) to aid, abet, cause, or induce carrying, entering, importing, mailing, shipping, or transporting; (C) to offer to carry, enter, import, mail, ship, or transport; (D) to receive in order to carry, enter, import, mail, ship, or transport; (E) to release into the environment; or (F) to allow any of the activities described in this paragraph. (13) Pest

“pest” applies in that section

The term “pest” means any of the following that can directly or indirectly injure, cause damage to, or cause disease in livestock: (A) A protozoan. (B) A plant. (C) A bacteria. (D) A fungus. (E) A virus or viroid. (F) An infectious agent or other pathogen. (G) An arthropod. (H) A parasite. (I) A prion. (J) A vector. (K) Any organism similar to or allied with any of the organisms described in this paragraph. (14) Secretary

“Secretary” applies in that section

The term “Secretary” means the Secretary of Agriculture. (15) State

“State” applies in that section

The term “State” means any of the States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, the Virgin Islands of the United States, or any territory or possession of the United States. (16) This chapter Except when used in this section,

“this chapter” applies in that section

the term “this chapter” includes any regulation or order issued by the Secretary under the authority of this chapter. (17) United States

“United States” applies in that section

The term “United States” means all of the States. (18) Veterinary countermeasure

“veterinary countermeasure” applies in that section

The term “veterinary countermeasure” means any biological product (including an animal vaccine or diagnostic), pharmaceutical product (including a therapeutic), non-pharmaceutical product (including a disinfectant), or other product or equipment to prevent, detect, respond to, or mitigate harm to public or animal health resulting from, animal pests or diseases.

“eligible laboratory” applies in that section

the term “eligible laboratory” means a diagnostic laboratory that meets specific criteria developed by the Secretary, in consultation with State animal health officials, State veterinary diagnostic laboratories, and veterinary diagnostic laboratories at institutions of higher education (as defined in section 1001 of title 20 ). (2) In general The Secretary, in consultation with State veterinarians, shall offer to enter into contracts, grants, cooperative agreements, or other legal instruments with eligible laboratories for any of the following purposes: (A) To enhance the capability of the Secretary to respond in a timely manner to emerging or existing bioterrorist threats to animal health.

“eligible entity” applies in that section

the term “eligible entity” means a State, a political subdivision of a State, Indian tribe, or other appropriate entity, as determined by the Secretary of Agriculture.

“depredation” applies in that section

The term “depredation” means actual death, injury, or destruction of livestock that is caused by a federally protected species. (B) Exclusions The term “depredation” does not include damage to real or personal property other than livestock, including— (i) damage to— (I) other animals; (II) vegetation; (III) motor vehicles; or (IV) structures; (ii) diseases; (iii) lost profits; or (iv) consequential damages. (2) Federally protected species

“federally protected species” applies in that section

The term “federally protected species” means a species that is or previously was protected under— (A) the Act of June 8, 1940 (commonly known as the “Bald and Golden Eagle Protection Act”) ( 54 Stat. 250 , chapter 278; 16 U.S.C. 668 et seq.); (B) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.); or (C) the Migratory Bird Treaty Act ( 16 U.S.C. 703 et seq.). (3) Indian Tribe

“Indian Tribe” applies in that section

The term “Indian Tribe” has the meaning given to the term “Indian tribe” in section 5304 of title 25 . (4) Livestock (A) In general

“livestock” applies in that section

The term “livestock” means horses, mules and asses, rabbits, llamas, cattle, bison, swine, sheep, goats, poultry, bees, honey and beehives, or any other animal generally used for food or in the production of food or fiber. (B) Inclusion

“program” applies in that section

The term “program” means the grant program established under subsection (b)(1). (6) Secretaries

“Secretaries” applies in that section

The term “Secretaries” means— (A) the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service; and (B) the Secretary of Agriculture, acting through the Administrator of the Animal and Plant Health Inspection Service.

“biological agent” applies in that section

The terms “biological agent” and “toxin” have the meanings given such terms in section 178 of title 18 .;

“listed agents and toxins” applies in that section

The term “listed agents and toxins” means biological agents and toxins listed pursuant to subsection (a)(1).;

“listed agents or toxins” applies in that section

The term “listed agents or toxins” means biological agents or toxins listed pursuant to subsection (a)(1).;

“overlap agent or toxin” applies in that section

The term “overlap agent or toxin” means a biological agent or toxin that— (aa) is listed pursuant to subsection (a)(1); and (bb) is listed pursuant to section 262a(a)(1) of title 42 . 3 (B) Clinical or diagnostic laboratories Regulations under subsections (b) and (c) shall exempt clinical or diagnostic laboratories and other persons who possess, use, or transfer overlap agents or toxins that are contained in specimens presented for diagnosis, verification, or proficiency testing, provided that— (i) the identification of such agents or toxins is reported to the Secretary, and when required under Federal, State, or local law, to other appropriate authorities; and (ii) such agents or toxins …

“overlap agents and toxins” applies in that section

The term “overlap agents and toxins” means biological agents and toxins that— (aa) are listed pursuant to subsection (a)(1); and (bb) are listed pursuant to section 262a(a)(1) of title 42 . 3;

“person” applies in that section

The term “person” includes Federal, State, and local governmental entities.;

“registered person” applies in that section

The term “registered person” means a person registered under regulations under subsection (b) or (c).;

“Secretary” applies in that section

The term “Secretary” means the Secretary of Agriculture. (m) Authorization of appropriations For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2002 through 2007, in addition to other funds that may be available.

“toxin” applies in that section

The terms “biological agent” and “toxin” have the meanings given such terms in section 178 of title 18 .;

“overlap agent or toxin” applies in that section

The term “overlap agent or toxin” means a biological agent or toxin that— (i) is listed pursuant to section 315A(a)(1) 1 of the Public Health Service Act [ 42 U.S.C. 262a(a)(1) ], as added by section 201 of this Act; and (ii) is listed pursuant to section 212(a)(1) of this Act [ 7 U.S.C. 8401(a)(1) ].;

“section 212 program” applies in that section

The term “section 212 program” means the program under section 212 of this Act [ 7 U.S.C. 8401 ]. (b) Certain matters In carrying out the section 351A program and the section 212 program, the Secretary of Health and Human Services and the Secretary of Agriculture shall, to the greatest extent practicable, coordinate activities to achieve the following purposes: (1) To minimize any conflicts between the regulations issued under, and activities carried out under, such programs. (2) To minimize the administrative burden on persons subject to regulation under both of such programs.

“section 351A program” applies in that section

The term “section 351A program” means the program under section 351A of the Public Health Service Act [ 42 U.S.C. 262a ].;

“brown tree snake” applies throughout its chapter

The term “brown tree snake” means the species of the snake Boiga irregularis. (2) Compact of Free Association

“Compact of Free Association” applies throughout its chapter

The term “Compact of Free Association” means the Compacts of Free Association entered into between the United States and the governments of the Federated States of Micronesia and the Republic of the Marshall Islands, as approved by and contained in Public Law 108–188 ( 117 Stat. 2720 ; 48 U.S.C. 1921 et seq.), and the Compact of Free Association entered into between the United States and the government of the Republic of Palau, as approved by and contained in Public Law 99–658 ( 100 Stat. 3673 ; 48 U.S.C. 1931 et seq.). (3) Freely Associated States

“Freely Associated States” applies throughout its chapter

The term “Freely Associated States” means the Republic of Palau, the Federated States of Micronesia, and the Republic of the Marshall Islands. (4) Introduction The terms “introduce” and “introduction” refer to the expansion of the brown tree snake outside of the range where this species is endemic. (5) Secretary

“Secretaries” applies throughout its chapter

The term “Secretaries” means both the Secretary of the Interior and the Secretary of Agriculture. (7) Technical Working Group

“Secretary concerned” applies throughout its chapter

The term “Secretary concerned” means— (A) the Secretary of the Interior, with respect to matters under the jurisdiction of the Department of the Interior; and (B) the Secretary of Agriculture, with respect to matters under the jurisdiction of the Department of Agriculture. (6) Secretaries

“Technical Working Group” applies throughout its chapter

The term “Technical Working Group” means Brown Tree Snake Technical Working Group established under the authority of section 4728 of title 16 . (8) Territorial The term “territorial”, when used to refer to a government, means the Government of Guam, the Government of American Samoa, and the Government of the Commonwealth of the Northern Mariana Islands, as well as autonomous agencies and instrumentalities of such a government.

“Secretary” applies in that section

the term “Secretary” means the Secretary of Agriculture.

“average crop revenue election payment” applies throughout its chapter

The term “average crop revenue election payment” means a payment made to producers on a farm under section 8715 1 of this title. (2) Base acres (A) In general The term “base acres”, with respect to a covered commodity on a farm, means the number of acres established under section 7911 of this title as in effect on September 30, 2007 , subject to any adjustment under section 8711 of this title . (B) Peanuts

“base acres for peanuts” applies throughout its chapter

The term “base acres for peanuts” has the meaning given the term in section 8751 of this title . (3) Counter-cyclical payment

“counter-cyclical payment” applies throughout its chapter

The term “counter-cyclical payment” means a payment made to producers on a farm under section 8714 1 of this title. (4) Covered commodity

“covered commodity” applies throughout its chapter

The term “covered commodity” means wheat, corn, grain sorghum, barley, oats, upland cotton, long grain rice, medium grain rice, pulse crops, soybeans, and other oilseeds. (5) Direct payment

“direct payment” applies throughout its chapter

The term “direct payment” means a payment made to producers on a farm under section 8713 1 of this title. (6) Effective price The term “effective price”, with respect to a covered commodity for a crop year, means the price calculated by the Secretary under section 8714 1 of this title to determine whether counter-cyclical payments are required to be made for that crop year. (7) Extra long staple cotton

“extra long staple cotton” applies throughout its chapter

The term “extra long staple cotton” means cotton that— (A) is produced from pure strain varieties of the Barbadense species or any hybrid of the species, or other similar types of extra long staple cotton, designated by the Secretary, having characteristics needed for various end uses for which United States upland cotton is not suitable and grown in irrigated cotton-growing regions of the United States designated by the Secretary or other areas designated by the Secretary as suitable for the production of the varieties or types; and (B) is ginned on a roller-type gin or, if authorized by the Secretary, ginned on another type gin for experimental purposes. (8) Loan commodity

“loan commodity” applies throughout its chapter

The term “loan commodity” means wheat, corn, grain sorghum, barley, oats, upland cotton, extra long staple cotton, long grain rice, medium grain rice, soybeans, other oilseeds, graded wool, nongraded wool, mohair, honey, dry peas, lentils, small chickpeas, and large chickpeas. (9) Medium grain rice

“medium grain rice” applies throughout its chapter

The term “medium grain rice” includes short grain rice. (10) Other oilseed

“other oilseed” applies throughout its chapter

The term “other oilseed” means a crop of sunflower seed, rapeseed, canola, safflower, flaxseed, mustard seed, crambe, sesame seed, or any oilseed designated by the Secretary. (11) Payment acres

“payment acres” applies throughout its chapter

The term “payment acres” means, in the case of direct payments and counter-cyclical payments— (A) except as provided in subparagraph (B), 85 percent of the base acres of a covered commodity on a farm on which direct payments or counter-cyclical payments are made; and (B) in the case of direct payments for each of the 2009 through 2011 crop years, 83.3 percent of the base acres for the covered commodity on a farm on which direct payments are made. (12) Payment yield

“payment yield” applies throughout its chapter

The term “payment yield” means the yield established for direct payments and the yield established for counter-cyclical payments under section 7912 of this title as in effect on September 30, 2007 , or under section 8712 of this title , for a farm for a covered commodity. (13) Producer (A) In general

“producer” applies throughout its chapter

The term “producer” means an owner, operator, landlord, tenant, or sharecropper that shares in the risk of producing a crop and is entitled to share in the crop available for marketing from the farm, or would have shared had the crop been produced. (B) Hybrid seed In determining whether a grower of hybrid seed is a producer, the Secretary shall— (i) not take into consideration the existence of a hybrid seed contract; and (ii) ensure that program requirements do not adversely affect the ability of the grower to receive a payment under this chapter. (14) Pulse crop

“pulse crop” applies throughout its chapter

The term “pulse crop” means dry peas, lentils, small chickpeas, and large chickpeas. (15) State

“State” applies throughout its chapter

The term “State” means— (A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; and (D) any other territory or possession of the United States. (16) Target price