§ 6616. Loans to economically disadvantaged rural communities (a) In general The Secretary, under such terms and conditions as the Secretary shall establish, may make loans to economically disadvantaged rural communities for the purposes of securing technical assistance and services to aid in the development and implementation of action plans, including planning for— (1) improving existing facilities in the community that may generate employment or revenue; (2) expanding existing infrastructure, facilities, and services to capitalize on opportunities to diversify economies now dependent on national forest resources; and (3) supporting the development of new industries or commercial ventures unrelated to national forest resources. (b) Interest rates The interest rates on a loan made pursuant to this section shall be as determined by the Secretary, but not in excess of the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the maturity of such loan, plus not to exceed 1 percent, as determined by the Secretary, and rounded to the nearest one-eighth of 1 percent. (Pub. L. 101-624, title XXIII, § 2378, Nov. 28, 1990, 104 Stat. 4048.) § 6617. Authorization of appropriations and spending authority (a) Authorization of appropriations Except as provided in subsection (b) of this section, there are authorized to be appropriated (1) an amount not to exceed 5 percent of the sum of (A) the sums received by the Secretary from sales of timber and other products of the forests; and (B) user fees paid in connection with the use of forest lands; and (2) such additional sums as may be necessary to carry out the purposes of this subchapter. (b) Limitation on authorization Subsection (a) of this section shall not in any way affect payments to the States pursuant to section 500 of title 16. (c) Spending authority Any spending authority (as defined in section 651 of title 2) provided in this subchapter shall be effective for any fiscal year only to such extent or in such amounts as are provided in appropriation Acts. (Pub. L. 101-624, title XXIII, § 2379, Nov. 28, 1990, 104 Stat. 4049.) (1) coordinate policy analysis, long range planning, research, and response strategies relating to climate change issues; (2) provide liaison with other Federal agencies, through the Office of Science and Technology Policy, regarding issues of climate change; (3) inform the Department of scientific developments and policy issues relating to the effects of climate change on agriculture and forestry, including broader issues that affect the impact of climate change on the farms and forests of the United States; (4) recommend to the Secretary alternative courses of action with which to respond to such scientific developments and policy issues; and (5) ensure that recognition of the potential for climate change is fully integrated into the research, planning, and decision-making processes of the Department. (c) Specific responsibilities The Director shall (1) coordinate the global climate change studies required by section 6702 of this title; (2) provide, through such other agencies as the Secretary determines appropriate, competitive grants for research in climatology re lating to the potential impact of climate change on agriculture; (3) coordinate the participation of the Department in interagency climate-related activities; (4) consult with the National Academy of Sciences and private, academic, State, and local groups with respect to climate research and related activities; (5) represent the Department to the Office of Science and Technology Policy and coordinate the activities of the Department in response to requirements of this chapter; (6) represent the Department on the Intergovernmental Panel on Climate Change; and (7) review all Department budget items relating to climate change issues, including specifically the research budget to be submitted by the Secretary to the Office of Science and Technology Policy and the Office of Management and Budget. (Pub. L. 101-624, title XXIV, § 2402, Nov. 28, 1990, 104 Stat. 4058.) REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (c)(5), was in the original "this title", meaning title XXIV of Pub. L. 101-624, Nov. 28, 1990, 104 Stat. 4058, which is classified generally to this chapter. For complete classification of title XXIV to the Code, see Short Title note below and Tables. SHORT TITLE Section 2401 of title XXIV of Pub. L. 101-624 provided that: "This title [enacting this chapter and amending sections 1601 and 1602 of Title 16, Conservation] may be cited as the 'Global Climate Change Prevention Act of 1990'." SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 6704 of this title. § 6702. Study of global climate change, agriculture, and forestry (a) Crops (1) In general The Secretary shall study the effects of global climate change on agriculture and forestry. The study shall, at a minimum address (A) the effects of simultaneous increases in temperature and carbon dioxide on crops of economic significance; (B) the effects of more frequent or more severe weather events on such crops; (C) the effects of potential changes in hydrologic regimes on current crop yields; (D) the economic effects of widespread and increased drought frequency in the south, midwest, and plains States; and (E) changes in pest problems due to higher temperatures. (2) Further studies If the results of the study conducted under paragraph (1) warrant, the Secretary shall conduct further studies that address the means of mitigating the effects of global climate change on crops of economic significance that shall, at a minimum (A) identify whether climate change tolerance can be bred into these crops, the amount of time necessary for any such breeding, and the effects on the income of farmers; (B) evaluate existing genetic resource and breeding programs for crops for their ability to develop new varieties that can tolerate potential climate changes; and (C) assess the potential for the development of crop varieties that are tolerant to climate changes and other environmental stresses, such as drought, pests, and salinity. (b) Forests The Secretary shall conduct a study on the emissions of methane, nitrous oxide, and hydrocarbons from tropical and temperate forests, the manner in which such emissions may affect global climate change; the manner in which global climate change may affect such emissions; and the manner in which such emissions may be reduced through management practices. The study shall, at a minimum (1) obtain measurements of nitrous oxide, methane, and nonmethane hydrocarbons from tropical and temperate forests; (2) determine the manner in which the nitrous oxide, methane, and nonmethane hydrocarbon emissions from temperate and tropical forest systems will respond due to climate change; and (3) identify and address alternative management strategies for temperate and tropical forests that may mitigate any negative effects of global climate change. (c) Reports The Secretary shall submit reports of the studies conducted under subsections (a) and (b) of this section within 3 and 6 years, respectively, after November 28, 1990, to the Committee on Agriculture and the Committee on Science, Space, and Technology of the House of Representatives, and the Committee on Agriculture, Nutrition, and Forestry of the Senate. In addition, interim reports regarding such studies shall be provided by the Secretary to such Committees annually, with recommendations for actions which may be taken to mitigate the negative effects of global climate change and to adapt to global climate changes and related phenomena. (Pub. L. 101-624, title XXIV, § 2403, Nov. 28, 1990, 104 Stat. 4059.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 6701 of this title. § 6703. Technical advisory committee (a) Establishment The Secretary of Agriculture shall establish a technical advisory committee to provide advice to the Secretary concerning the major study areas required under this chapter. (b) Members The committee established under subsection (a) of this section shall be composed of such representatives of universities, professional societies, government laboratories, and agricultural, environmental and other organizations as the Secretary of Agriculture, in consultation with the Office of Science and Technology Policy and the Administrator of the Environmental Protection Agency, determines appropriate based on an assessment by the Secretary of qualifications required for service on such committee. Appointments to such committee shall be made not later than 90 days after November 28, 1990. Such committee shall have a chairperson who shall be elected by the members of the committee from among such members. (Pub. L. 101-624, title XXIV, § 2404, Nov. 28, 1990, 104 Stat. 4060.) TERMINATION OF ADVISORY COMMITTEES Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title 5, Government Organization and Employees. § 6704. Office of International Forestry (a) Establishment The Secretary, acting through the Chief of the Forest Service, shall establish an Office of International Forestry within the Forest Service within six months after November 28, 1990. (b) Deputy Chief designation The Chief shall appoint a Deputy Chief for International Forestry. (c) Duties The Deputy Chief shall— (1) be responsible for the international forestry activities of the Forest Service; (2) coordinate the activities of the Forest Service in implementing the provisions of this chapter; and (3) serve as Forest Service liaison to the director for the program established pursuant to section 6701 of this title. (Pub. L. 101-624, title XXIV, § 2405, Nov. 28, 1990, 104 Stat. 4060.) § 6705. Line item The President's proposed budget to Congress for the first fiscal year beginning after November 28, 1990, and for each subsequent fiscal year shall specifically identify funds to be spent on Forest Service international cooperation and assistance. (Pub. L. 101-624, title XXIV, § 2406, Nov. 28, 1990, 104 Stat. 4060.) § 6706. Institutes of Tropical Forestry The Secretary is authorized and directed to establish an Institute of Tropical Forestry in Puerto Rico and an Institute of Pacific Islands Forestry (hereafter in this section referred to as the "Institutes"). The Institutes shall conduct research on forest management and natural resources that shall include (1) management and development of tropical forests; (2) the relationship between climate change and tropical forests; (3) threatened and endangered species; (5) development of tropical forest resources on a sustained yield basis; (6) techniques to monitor the health and productivity of tropical forests; (7) tropical forest regeneration and restoration; and (8) the effects of tropical deforestation on biodiversity, global climate, wildlife, soils, and water. (Pub. L. 101-624, title XXIV, § 2407, Nov. 28, 1990, 104 Stat. 4060.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 16 sections 4503c, 4503d. § 6707. Urban forestry demonstration projects The Secretary is authorized to undertake, through the Forest Service's Northeastern Area State and Private Forestry program, a study and pilot implementation project to demonstrate the benefits of retaining and integrating forests in urban development. The focus of such a study and implementation project should be to protect the environment and associated natural resource values, for current and future generations. (Pub. L. 101-624, title XXIV, § 2409, Nov. 28, 1990, 104 Stat. 4061.) § 6708. Biomass energy demonstration projects The Secretary, in consultation with the Secretary of Energy, may carry out projects that demonstrate the potential of short-rotation silvicultural methods to produce wood for electricity production and industrial energy needs. In carrying out such projects, the Secretary shall cooperate with private industries, Federal and State agencies, and other organizations. (Pub. L. 101-624, title XXIV, § 2410, Nov. 28, 1990, 104 Stat. 4061.) § 6709. Interagency cooperation to maximize biomass growth The Secretary may enter into an agreement with the Secretary of Defense to- (1) conduct a study of reforestation and improved management of Department of Defense military installations and lands; and (2) develop a program to manage such forests and lands so as to maximize their potential for biomass growth and sequestering carbon dioxide. Authorization of appropriations. (a) In general. (b) Administrative expenses. § 6801. Findings and declaration of policy (a) Findings Congress finds that— (1) fresh cut flowers and fresh cut greens are an integral part of life in the United States, are enjoyed by millions of persons every year for a multitude of special purposes (especially important personal events), and contribute a natural and beautiful element to the human environment; (2)(A) cut flowers and cut greens are produced by many individual producers throughout the United States as well as in other countries, and are handled and marketed by thousands of small-sized and medium-sized businesses; and (B) the production, handling, and marketing of cut flowers and cut greens constitute a key segment of the United States horticultural industry and thus a significant part of the overall agricultural economy of the United States; (3) handlers play a vital role in the marketing of cut flowers and cut greens in that handlers (A) purchase most of the cut flowers and cut greens marketed by producers; (B) prepare the cut flowers and cut greens for retail consumption; (C) serve as an intermediary between the source of the product and the retailer; (D) otherwise facilitate the entry of cut flowers and cut greens into the current of domestic commerce; and (E) add efficiencies to the market process that ensure the availability of a much greater variety of the product to retailers and consumers; (4) it is widely recognized that it is in the public interest and important to the agricultural economy of the United States to provide an adequate, steady supply of cut flowers and cut greens at reasonable prices to the consumers of the United States; (5)(A) cut flowers and cut greens move in interstate and foreign commerce; and (B) cut flowers and cut greens that do not move in interstate or foreign channels of commerce but only in intrastate commerce directly affect interstate commerce in cut flowers and cut greens; (6) the maintenance and expansion of markets in existence on December 14, 1993, and the development of new or improved markets or uses for cut flowers and cut greens, are needed to preserve and strengthen the economic viability of the domestic cut flowers and cut greens industry for the benefit of producers, handlers, retailers, and the entire floral industry; (7) generic programs of promotion and consumer information can be effective in maintaining and developing markets for cut flowers and cut greens, and have the advantage of equally enhancing the market position for all cut flowers and cut greens; (8) because cut flowers and cut greens producers are primarily agriculture-oriented rather than promotion-oriented, and because the floral marketing industry within the United States is comprised mainly of smallsized and medium-sized businesses, the development and implementation of an adequate and coordinated national program of generic promotion and consumer information necessary for the maintenance of markets in existence on December 14, 1993, and the development of new markets for cut flowers and cut greens have been prevented; (9) there exist established State and commodity-specific producer-funded programs of promotion and research that are valuable efforts to expand markets for domestic producers of cut flowers and cut greens and that will benefit from the promotion and consumer information program authorized by this chapter in that the program will enhance the market development efforts of the programs for domestic producers; (10) an effective and coordinated method for ensuring cooperative and collective action in providing for and financing a nationwide program of generic promotion and consumer information is needed to ensure that the cut flowers and cut greens industry will be able to provide, obtain, and implement programs of promotion and consumer information necessary to maintain, expand, and develop markets for cut flowers and cut greens; and (11) the most efficient method of financing such a nationwide program is to assess cut flowers and cut greens at the point at which the flowers and greens are sold by handlers into the retail market. (b) Policy and purpose It is the policy of Congress that it is in the public interest, and it is the purpose of this chapter, to authorize the establishment, through the exercise of the powers provided in this chapter, of an orderly procedure for the development and financing (through an adequate assessment on cut flowers and cut greens sold by handlers to retailers and related entities in the United States) of an effective and coordinated program of generic promotion, consumer information, and related research designed to strengthen the position of the cut flowers and cut greens industry in the marketplace and to maintain, develop, and expand markets for cut flowers and cut greens. (Pub. L. 103-190, § 2, Dec. 14, 1993, 107 Stat. 2266.) SHORT TITLE Section 1(a) of Pub. L. 103-190 provided that: "This Act [enacting this chapter] may be cited as the 'Fresh Cut Flowers and Fresh Cut Greens Promotion and Information Act of 1993'." SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 6803, 6811 of this title. § 6802. Definitions As used in this chapter: (1) Consumer information The term "consumer information" means any action or program that provides information to consumers and other persons on appropriate uses under varied circumstances, and on the care and handling, of cut flowers or cut greens. (2) Cut flowers and cut greens (A) In general (i) Cut flowers The term "cut flowers" includes all flowers cut from growing plants that are used as fresh-cut flowers and that are produced under cover or in field operations. (ii) Cut greens The term "cut greens” includes all cultivated or noncultivated decorative foliage cut from growing plants that are used as fresh-cut decorative foliage (except Christmas trees) and that are produced under cover or in field operations. (iii) Exclusions The terms "cut flowers" and "cut greens" do not include a foliage plant, floral supply, or flowering plant. (B) Substantial portion In any case in which a handler packages cut flowers or cut greens with hard goods in an article (such as a gift basket or similar presentation) for sale to a retailer, the PromoFlor Council may determine, under procedures specified in the order, that the cut flowers or cut greens in the article do not constitute a substantial portion of the value of the article and that, based on the determination, the article shall not be treated as an article of cut flowers or cut greens subject to assessment under the order. (3) Gross sales price The term "gross sales price" means the total amount of the transaction in a sale of cut flowers or cut greens from a handler to a retailer or exempt handler. (4) Handler (A) Qualified handler (i) In general The term "qualified handler" means a person (including a cooperative) operating in the cut flowers or cut greens marketing system (I) that sells domestic or imported cut flowers or cut greens to retailers and exempt handlers; and (II) whose annual sales of cut flowers and cut greens to retailers and exempt handlers are $750,000 or more. (ii) Inclusions and exclusions (I) In general The term "qualified handler" includes (aa) bouquet manufacturers (subject to paragraph (2)(B)); |