ties, the Secretary of Agriculture may form an advisory committee to give overall policy and program advice to that State Extension Director with regard to programs conducted on reservations or within tribal jurisdictions. Program advisory committees may be formed to assist extension staff in development and conduct of program activities.

(d) Staffing

Insofar as possible, agent and specialist staff shall include individuals representative of the tribal grouping being served. Programs shall emphasize training and employment of local people in positions such as program aides, master gardeners, and volunteers. Staffing at a particular location shall be dependent on the needs and priorities of that location, as identified by the advisory committees and the State Extension Director, and the Director may make use of existing personnel and facilities as appropriate.

(e) Placing of agents

The number of offices and their placement shall be jointly determined by the State Extension Directors and tribal authorities of the respective States by taking into consideration the agricultural acreage within the boundaries of an Indian reservation or tribal jurisdiction, the soil classifications of such acreage, and the population of such reservation or tribal jurisdiction.

(f) Authorization of appropriations

There are authorized to be appropriated such sums as may be necessary to carry out this section.

(Pub. L. 101-624, title XVI, § 1677, Nov. 28, 1990, 104 Stat. 3779; Pub. L. 102-237, title IV, § 407(15), Dec. 13, 1991, 105 Stat. 1865.)

AMENDMENTS

1991-Subsec. (a). Pub. L. 102-237, § 407(15)(A), (B), substituted "reservation" for "Reservation" and "reservations" for "Reservations" wherever appearing. Subsec. (b). Pub. L. 102-237, § 407(15)(A), substituted "reservation" for "Reservation" in two places.

Subsec. (c). Pub. L. 102-237, § 407(15)(C), substituted "tribal" for "Tribal” after "assistance of the".

Subsec. (e). Pub. L. 102-237, § 407(15)(A), substituted "reservation" for "Reservation" in two places. INDIAN SUBSISTENCE FARMING DEMonstration GRANT PROGRAM

Subtitle C (§§ 931-939) of title IX of Pub. L. 102-237 provided that:

"SEC. 931. PURPOSES.

"The purposes of this subtitle are to

"(1) provide technical assistance and training through the Extension Service in the Department of Agriculture to Indian tribes and Alaska Natives for the development and operation of subsistence farming programs to improve the nutritional health of Indians living on or near Indian reservations;

"(2) establish the Indian subsistence farming demonstration grant program within the Department of Agriculture; and

"(3) provide a supplemental source of fresh produce for Indians and Alaska Natives who"(A) have special dietary needs; "(B) are participating in

"(i) the food stamp program established under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.); or

"(ii) the food distribution program on Indian reservations established under section 4(b) of such Act (7 U.S.C. 2013(b)); or

"(C) have income below 185 percent of the poverty line referred to in section 5(c)(1) of the Food Stamp Act of 1977 (7 U.S.C. 2014(c)(1)).

"SEC. 932. DEFINITIONS.

"For the purposes of this subtitle:

"(1) ELIGIBLE RECIPIENT.-The term 'eligible recipient' means an Indian who

"(A) is identified by the Secretary as having special dietary needs;

"(B) is participating in

"(i) the food stamp program established under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.); or

"(ii) the food distribution program on Indian reservations established under section 4(b) of such Act (7 U.S.C. 2013(b)); or

"(C) has income below 185 percent of the poverty line referred to in section 5(c)(1) of the Food Stamp Act of 1977 (7 U.S.C. 2014(c)(1)).

"(2) INDIAN.-The term 'Indian' means a person who is a member of an Indian tribe, or who is an Alaska Native and a member of a Regional Corporation (as defined in section 3(g) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(g))[)].

"(3) INDIAN RESERVATION.-The term 'Indian reservation' has the same meaning given to the term 'reservation' under section 3(d) of the Indian Financing Act of 1974 (25 U.S.C. 1452(d)).

"(4) INDIAN TRIBE.-The term 'Indian tribe' means any Indian tribe, band, nation, or other organized group or community (including any Alaska Native village, Regional Corporation, or Regional Corporation (as defined in or established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.))[], which is recognized as eligible for the special services provided by the United States to Indians because of their status as Indians.

"(5) INTER-TRIBAL CONSORTIUM.-The term 'intertribal consortium' means a partnership between

“(A) an Indian tribe or tribal organization on an Indian reservation; and

"(B) one or more Indian tribes or tribal organizations of other Indian tribes.

"(6) PROGRAM.-The term 'program' means any subsistence farming program funded or assisted under this subtitle.

"(7) SECRETARY.-The term 'Secretary' means the Secretary of Agriculture.

"SEC. 933. INDIAN SUBSISTENCE FARMING DEMONSTRATION GRANT PROGRAM.

"(a) IN GENERAL.-The Secretary may establish an Indian subsistence farming demonstration grant program that provides grants to any Indian tribe, or intertribal consortium, for the establishment on Indian reservations of subsistence farming operations that grow fresh produce for distribution to eligible recipients.

"(b) APPLICATION.-Any Indian tribe or tribal consortium may submit to the Secretary an application for a grant under this subtitle. Any such application shall"(1) be in such form as the Secretary may prescribe;

"(2) be submitted to the Secretary on or before the date designated by the Secretary; and

"SEC. 934. TRAINING AND TECHNICAL ASSISTANCE.

"The Extension Service may conduct, with respect to the projects established under this title [probably should be "subtitle"], site surveys, workshops, short courses, training, and technical assistance on such topics as nutrition food preservation and preparation techniques, spacing, depth of seed placement, soil types, and other aspects of subsistence farming operations.

"SEC. 935. TRIBAL CONSULTATION.

“An Indian tribe participating in any subsistence farming program established under this subtitle shall consult with appropriate tribal and Indian Health Service officials regarding the specific dietary needs of the population to be served by the operation of the Indian subsistence farming project.

"SEC. 936. USE OF GRANTS.

"Funds provided under this subtitle may be used for

"(1) the purchase or lease of agricultural machinery, equipment, and tools for the operation of the program;

"(2) the purchase of seeds, fertilizers, and such other resources as may be required for the operation of the program;

"(3) the construction of greenhouses, fences, and other structures or facilities;

"(4) accounting and distribution of produce grown under the program; and

"(5) the employment of persons for the management and operation of the program.

(1) to identify and analyze constraints related to end-use characteristics in trade and competition;

(2) to design production and processing techniques to lessen their impacts; and

(3) to identify public policy alternatives, nationally and internationally, that may reduce the impacts of such trade restrictions.

(b) Joint development

The Secretary shall ensure that the grants provided for in this section provide for the joint development of the methodology and techniques between the recipients of such grants to meet the objectives set forth in subsection (a) of this section.

(c) Report

Not later than 18 months after November 28, 1990, the Secretary shall report the results of the study grants under subsection (a) of this section to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate.

sources for better nutrition and health) and nutrition education programs available at the Federal, State, and local level; and

(3) provide for an evaluation of the degree to which stated program coordination objectives are being attained, the impact on actual behavioral change of program participants, and the implication of the program outcomes for future public health, budget expenditures, and the general public welfare.

(c) Definitions

For purposes of this section:

(1) The term "coordination” means the development and implementation of a consistent and coherent program of nutrition education regarding the receipt and increased beneficial use of the resources made available to persons for food and nutrition programs and, to the extent possible, related State and local food and nutrition programs.

(2) The term "food and nutrition education programs" includes any educational programs or components of the food stamp program, the expanded food and nutrition education program, and such other programs administered by the Department of Agriculture as the Secretary determines necessary to effectively implement the programs required under subsection (a) of this section.

(d) Authorization of appropriations

There are authorized to be appropriated to the Secretary for each of the fiscal years 1991 through 1995 such sums as may be necessary to carry out the pilot project established under subsection (a) of this section.

(Pub. L. 101-624, title XVI, § 1679, Nov. 28, 1990, 104 Stat. 3780.)

§ 5933. Assistive technology program for farmers with disabilities

(a) Special demonstration grants

(1) In general

The Secretary of Agriculture, in consultation with other appropriate Federal agencies, shall make demonstration grants to support cooperative programs between State Cooperative Extension Service agencies and private nonprofit disability organizations to provide on-the-farm agricultural education and assistance directed at accommodating disability in farm operations for individuals with disabilities who are engaged in farming and farm-related occupations and their families.

(2) Eligible services

Grants awarded under paragraph (1) may be used to support programs serving individuals with disabilities, and their families, who are engaged in farming and farm-related occupations.

(3) Eligible programs

Grants awarded under paragraph (1) may be used to initiate, expand, or sustain programs that

(A) provide direct education and assistance to accommodate disability in farming to individuals with disabilities who engage in farming and farm-related occupations;

(B) provide on-the-farm technical advice concerning the design, fabrication, and use of agricultural and related equipment, machinery, and tools, and assist in the modification of farm worksites, operations, and living arrangements to accommodate individuals with disabilities who engage in farming, farm living and farm-related tasks;

(C) involve community and health care professionals, including Extension Service agents and others, in the early identification of farm and rural families that are in need of services related to the disability of an individual;

(D) provide specialized education programs to enhance the professional competencies of rural agricultural professionals, rehabilitation and health care providers, vocational counselors, and other providers of service to individuals with disabilities, and their families, who engage in farming or farm-related occupations; and

(E) mobilize rural volunteer resources, including peer counseling among farmers with disabilities and rural ingenuity networks promoting cost effective methods or accommodating disabilities in farming and farm-related activities.

(4) Extension Service agencies

Grants shall be awarded under this subsection directly to State Extension Service agencies to enable them to enter into contracts, on a multiyear basis, with private nonprofit community-based direct service organizations to initiate, expand, or sustain cooperative programs described under paragraphs (2) and (3). (5) Minimum amount

A grant awarded under this subsection may not be less than $150,000.

(6) Authorization of appropriations

There are authorized to be appropriated to carry out this subsection

(A) not less than $3,000,000 for each of the fiscal years 1991 and 1992; and

(B) not less than $5,000,000 for each of the fiscal years 1993 through 1996.

(b) National grant for technical assistance, training, and dissemination

(1) In general

The Secretary of Agriculture shall award a competitive grant to a national private nonprofit disability organization to enable such organization to provide technical assistance, training, information dissemination and other activities to support community-based direct service programs of on-site rural rehabilitation and assistive technology for individuals with disabilities, and their families, who are engaged in farming or farm-related occupations.

(2) Authorization of appropriations

There are authorized to be appropriated $1,000,000 to carry out this subsection for each of the fiscal years 1991 through 1996. (Pub. L. 101-624, title XVI, § 1680, Nov. 28, 1990, 104 Stat. 3781.)

§ 5934. Research on honeybee diseases

(a) Sense of Congress

Sec. 6009.

Enforcement.

It is the sense of Congress that(1) diseases affecting the entire honeybee population impact on the ability of honeybees to carry out crop pollination and honey production, and therefore impact negatively on beekeepers, producers and consumers; and

(2) certain diseases (such as those caused by tracheal mite, varroa mite, and the Africanized honeybee) pose a threat to the continued well-being of the general honeybee population, and thus merit further study. (b) Research

Notwithstanding any other provision of law, the Secretary of Agriculture shall give priority attention to the funding of research regarding the diseases referred to in subsection (a) of this section that are affecting the honeybee population.

(Pub. L. 101-624, title XVI, § 1681, Nov. 28, 1990, 104 Stat. 3782; Pub. L. 102-237, title IV, § 407(17), Dec. 13, 1991, 105 Stat. 1865.)

(b) Suspension or termination. (c) Limitation.

Authorization of appropriations.

(a) In general.

(b) Administrative expenses.

§ 6001. Findings and declaration of policy (a) Findings

Congress finds that—

(1) pecans are a native American nut that is an important food, and is a valuable part of the human diet;

(2) the production of pecans plays a significant role in the economy of the United States in that pecans are produced by thousands pecan producers, shelled and processed by numerous shellers and processors, and pecans produced in the United States are consumed by millions of people throughout the United States and foreign countries;

(3) pecans must be high quality, readily available, handled properly, and marketed efficiently to ensure that consumers have an adequate supply of pecans;

(4) the maintenance and expansion of exist ing markets and development of new markets for pecans are vital to the welfare of pecan producers and those concerned with marketing, using, and producing pecans, as well as to the general economy of the United States, and necessary to ensure the ready availability and efficient marketing of pecans;

(5) there exist established State organiza tions conducting pecan promotion, research, and industry and consumer education programs that are invaluable to the efforts of promoting the consumption of pecans;

(6) the cooperative development, financing, and implementation of a coordinated national program of pecan promotion, research, indus try information, and consumer information are necessary to maintain and expand exist ing markets and develop new markets for

pecans; and

(7) pecans move in interstate and foreign commerce, and pecans that do not move in such channels of commerce directly burden or affect interstate commerce in pecans.

(b) Policy

It is declared to be the policy of Congress that it is in the public interest to authorize the establishment, through the exercise of the powers provided in this chapter, of an orderly procedure for developing, financing (through adequate assessments on pecans produced or imported into the United States), and carrying out an effective, continuous, coordinated program of promotion, research, industry information, and consumer information designed to—

(1) strengthen the pecan industry's position in the marketplace;

(2) maintain and expand existing domestic and foreign markets and uses for pecans; and (3) develop new markets and uses for pecans.

(c) Construction

Nothing in this chapter may be construed to provide for the control of production or otherwise limit the right of any person to produce pecans.

(Pub. L. 101-624, title XIX, § 1906, Nov. 28, 1990, 104 Stat. 3838.)

SHORT TITLE

Section 1901 of title XIX of Pub. L. 101-624, as amended by Pub. L. 102-237, title VIII, § 801, Dec. 13, 1991, 105 Stat. 1882, provided that: "This title [enacting this chapter and chapters 90 to 93 of this title and sections 2109, 2278, and 4610a of this title, amending sections 1787, 2101, 2106 to 2108, 2110, 2116, 2611 to 2614, 2617 to 2619, 2622 to 2624, 4602, 4606, 4608, and 4612 of this title, and enacting provisions set out as notes under sections 2101, 2611, 2625, 4601, and 4603 of this title] may be cited as the 'Agricultural Promotion Programs Act of 1990'."

Section 1905 of Pub. L. 101-624 provided that: "This subtitle [subtitle A (§§ 1905-1918) of title XIX of Pub. L. 101-624, enacting this chapter] may be cited as the 'Pecan Promotion and Research Act of 1990'."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6003, 6005 of this title.

§ 6002. Definitions

As used in this chapter

(1) Board

The term "Board" means the Pecan Marketing Board established in section 6005(b) of this title.

(2) Commerce

The term "commerce" means interstate, foreign, or intrastate commerce.

(3) Conflict of interest

The term "conflict of interest" means a situation in which a member has a direct or indirect financial interest in a corporation, partnership, sole proprietorship, joint venture, or other business entity dealing directly or indirectly with the Board.

(4) Consumer information

The term "consumer information" means information and programs that will assist consumers and other persons in making evaluations and decisions regarding the purchase, preparation, and use of pecans.

(5) Department

The term "Department" means the Department of Agriculture.

(6) District

The term "district" means a geographical area of the United States, as determined by the Board and approved by the Secretary, in which there is produced approximately onefourth of the volume of pecans produced in the United States.

(7) First handler

The term "first handler" means the first person who buys or takes possession of pecans from a grower for marketing. If a grower markets pecans directly to consumers, such grower shall be considered the first handler with respect to pecans grown by such grower.

(8) Grower

The term "grower" means any person engaged in the production and sale of pecans in the United States who owns, or who shares the ownership and risk of loss of, such pecans.

(9) Grower-sheller

The term "grower-sheller" means a person who

(A) shells pecans, or has pecans shelled for such person, in the United States; and

(B) during the immediately previous year, grew 50 percent or more of the pecans such person shelled or had shelled for such person.

(10) Handle

The term "handle" means receipt of in-shell pecans by a sheller or first handler, including pecans produced by such sheller or first handler.

(11) Importer

The term "importer" means any person who imports pecans from outside of the United States for sale in the United States. (12) Industry information

The term "industry information" means information and programs that will lead to the development of new markets and marketing strategies, increased efficiency, and activities to enhance the image of the pecan industry. (13) In-shell pecan

The term "in-shell pecan" means a pecan that has a shell that has not been removed. (14) To market

The term "to market" means to sell or offer to dispose of pecans in any channel of com

merce.

(15) Member

The term "member" means a member of the Board.

(16) Pecan

The term "pecan” means the nut of the pecan tree carya illinoensis.