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(f) Definitions
For purposes of this section, the term eligible entity means an organization that is currently eligible to receive grant funds under the Drug-Free Communities Act of 1997 ( 21 U.S.C. 1521 et seq. ). (g) Administrative expenses
Not more than 6 percent of a grant under this section may be expended for administrative expenses. (h) Authorization of appropriations
There are authorized to be appropriated to carry out this section $5,000,000 for fiscal year 2005, and such sums as may be necessary for each of the fiscal years 2006 through 2009.
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402. Grants directed at reducing higher-education alcohol abuse
(a) Authorization of program
The Secretary shall award grants to eligible entities to enable the entities to reduce the rate of underage alcohol use and binge drinking among students at institutions of higher education. (b) Applications
An eligible entity that desires to receive a grant under this Act shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. Each application shall include— (1) a description of how the eligible entity will work to enhance an existing, or where none exists to build a, statewide coalition;
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(2) a description of how the eligible entity will target underage students in the State; (3) a description of how the eligible entity intends to ensure that the statewide coalition is actually implementing the purpose of this Act and moving toward indicators described in section (d); (4) a list of the members of the statewide coalition or interested parties involved in the work of the eligible entity; (5) a description of how the eligible entity intends to work with State agencies on substance abuse prevention and education; (6) the anticipated impact of funds provided under this Act in reducing the rates of underage alcohol use; (7) outreach strategies,
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including ways in which the eligible entity proposes to— (A) reach out to students; (B) promote the purpose of this Act; (C) address the range of needs of the students and the surrounding communities; and (D) address community norms for underage students regarding alcohol use; and (8) such additional information as required by the Secretary. (c) Uses of funds
Each eligible entity that receives a grant under this section shall use the grant funds to carry out the activities described in such entity’s application submitted pursuant to subsection (b).
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(d) Accountability
On the date on which the Secretary first publishes a notice in the Federal Register soliciting applications for grants under this section, the Secretary shall include in the notice achievement indicators for the program authorized under this section.
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The achievement indicators shall be designed— (1) to measure the impact that the statewide coalitions assisted under this Act are having on the institutions of higher education and the surrounding communities, including changes in the number of alcohol incidents of any kind (including violations, physical assaults, sexual assaults, reports of intimidation, disruptions of school functions, disruptions of student studies, mental health referrals, illnesses, or deaths); (2) to measure the quality and accessibility of the programs or information offered by the statewide coalitions; and (3) to provide such other measures of program impact as the Secretary determines appropriate.
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(e) Supplement not supplant
Grant funds provided under this Act shall be used to supplement, and not supplant, Federal and non-Federal funds available for carrying out the activities described in this section. (f) Definitions
For purposes of this section: (1) Eligible entity
The term eligible entity means a State, institution of higher education, or nonprofit entity. (2) Institution of higher education
The term institution of higher education has the meaning given the term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ).
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(3) Secretary
The term Secretary means the Secretary of Education. (4) State
The term State means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.
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(5) Statewide coalition
The term statewide coalition means a coalition that— (A) includes— (i) institutions of higher education within a State; and (ii) a nonprofit group, a community underage drinking prevention coalition, or another substance abuse prevention group within a State; and (B) works toward lowering the alcohol abuse rate by targeting underage students at institutions of higher education throughout the State and in the surrounding communities.
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(6) Surrounding community
The term surrounding community means the community— (A) that surrounds an institution of higher education participating in a statewide coalition; (B) where the students from the institution of higher education take part in the community; and (C) where students from the institution of higher education live in off-campus housing. (g) Administrative expenses
Not more than 5 percent of a grant under this section may be expended for administrative expenses.
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(h) Authorization of appropriations
There are authorized to be appropriated to carry out this section $5,000,000 for fiscal year 2005, and such sums as may be necessary for each of the fiscal years 2006 through 2009. 501. Additional research on underage drinking
(a) In general
The Secretary of Health and Human Services shall collect data on, and conduct or support research on, underage drinking with respect to the following: (1) The short and long-range impact of alcohol use and abuse upon adolescent brain development and other organ systems.
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(2) Comprehensive community-based programs or strategies and statewide systems to prevent underage drinking, across the underage years from early childhood to young adulthood, including programs funded and implemented by government entities, public health interest groups and foundations, and alcohol beverage companies and trade associations. (3) Improved knowledge of the scope of the underage drinking problem and progress in preventing and treating underage drinking. (4) Annually obtain more precise information than is currently collected on the type and quantity of alcoholic beverages consumed by underage drinkers, as well as information on brand preferences of these drinkers and their exposure to alcohol advertising.
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(b) Certain matters
The Secretary of Health and Human Services shall carry out activities toward the following objectives with respect to underage drinking: (1) Testing every unnatural death of persons ages 12 to 20 in the United States for alcohol involvement, including suicides, homicides, and unintentional injuries such as falls, drownings, burns, poisonings, and motor vehicle crash deaths.
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(2) Obtaining new epidemiological data within the National Epidemiological Study on Alcoholism and Related Conditions and other national or targeted surveys that identify alcohol use and attitudes about alcohol use during pre- and early adolescence, including second-hand effects of adolescent alcohol use such as date rapes, violence, risky sexual behavior, and prenatal alcohol exposure. (3) Developing or identifying successful clinical treatments for youth with alcohol problems. 502.
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Authorization of appropriations
There are authorized to be appropriated to carry out section 501 $6,000,000 for fiscal year 2005, and such sums as may be necessary for each of the fiscal years 2006 through 2009.
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1. Short title
This Act may be cited as the Glover River Wild and Scenic River Act. 2. Findings
The Congress finds the following: (1) The Secretary of Agriculture conducted a study of the eligibility and suitability of the Glover River in the State of Oklahoma for inclusion in the Wild and Scenic Rivers System. (2) With extensive public involvement, the Forest Service prepared the Final Environmental Impact Statement Amendment to the Land and Resource Management Plan Management Direction for Acquired Lands in Southeastern Oklahoma , which contains an Individual Assessment of Eligibility and Potential Classification of the Glover River.
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(3) The study and assessment concluded that the Glover River is eligible for inclusion in the National Wild and Scenic Rivers System based on its free-flowing conditions and remarkable scenic, recreation, geologic, archaeological, historical, and fish and wildlife values. 3. Designation of segment of Glover River, Oklahoma, as component of National Wild and Scenic Rivers System
(a) Designation
Section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) ) is amended by adding at the end the following new paragraph: (_) Glover River,
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Oklahoma
The 16.5 mile segment from the confluence of the West and East Forks of the Glover River in the Ouachita National Forest in section 7, township 3 south, range 23 east, downstream along the main stem of the Glover River to the southern boundary of the Ouachita National Forest, to be administered by the Secretary of Agriculture as a scenic river. (b) Management
The Secretary of Agriculture shall develop and administer the comprehensive management plan required by section 3(d)(1) of the Wild and Scenic Rivers Act ( 16 U.S.C.
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1274(d)(1) ) for the segment of the Glover River designated as a scenic river by this section in general accordance with the provisions of the Final Environmental Impact Statement Amendment 34 to the land and resource management plan of the Ouachita National Forest, dated January 8, 2002, that address the segment of the Glover River so designated.
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1. Dichloroethyl Ether
(a) In general
Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.39.41 Dichloroethyl Ether (1,1’-oxybis [2-chloroethane] CL-CH2-CH2-0-CH2-CH2-CL) (provided for in subheading 2909.19.
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18) Free No change No change On or before 12/31/2014 (b) Effective date
The amendment made by subsection (a) applies with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.
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1. Short title
This Act may be cited as the Ice Age Floods National Geologic Trail Designation Act of 2004. 2. Findings and purpose
(a) Findings
Congress finds the following: (1) At the end of the last Ice Age, some 12,000 to 17,000 years ago, a series of cataclysmic floods occurred in what is now the northwest region of the United States, leaving a lasting mark of dramatic and distinguishing features on the landscape of parts of Montana, Idaho, Washington and Oregon.
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(2) Geological features that have exceptional value and quality to illustrate and interpret this extraordinary natural phenomenon are present on many Federal, State, tribal, county, municipal, and non-governmental lands in the region. (3) In 2001, a joint study team headed by the National Park Service that included about 70 members from public and private entities completed a study endorsing the establishment of an Ice Age Floods National Geologic Trail to recognize the national significance of this phenomenon and to coordinate public and private sector entities in the presentation of the story of the Ice Age Floods.
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(b) Purpose
The purpose of this Act is to designate the Ice Age Floods National Geologic Trail in the States of Montana, Idaho, Washington, and Oregon, enabling the public to view, experience, and learn about the Ice Age Floods’ features and story through the collaborative efforts of public and private entities. 3. Definitions
As used in this Act: (1) Trail
The term Trail means the Ice Age Floods National Geologic Trail designated in section 4. (2) Secretary
The term Secretary means the Secretary of the Interior.
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(3) Floods
The term Ice Age Floods or floods means the cataclysmic floods that occurred in what is now the northwestern United States during the last Ice Age primarily from massive, rapid and recurring drainage of Glacial Lake Missoula. 4.
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Ice age floods national geologic trail
(a) Designation
In order to provide for public appreciation, understanding, and enjoyment of the nationally significant natural and cultural features of the Ice Age Floods, and to promote collaborative efforts for interpretation and education among public and private entities located along the pathways of the floods, there is designated the Ice Age Floods National Geologic Trail.
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(b) Location
The route of the Trail shall generally follow public roads and highways from the vicinity of Missoula in western Montana, across northern Idaho, through eastern and southern sections of Washington, and across northern Oregon in the vicinity of the Willamette Valley and the Columbia River to the Pacific Ocean as generally depicted on the map entitled Ice Age Floods National Geologic Trail, numbered_______, and dated______.
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(c) Maps
(1) Revisions
The Secretary may revise the map by publication in the Federal Register of a notice of availability of a new map as part of the Cooperative Management and Interpretation Plan for the Trail required under section 5(f). (2) Availability
Any map referred to in paragraph (1) shall be on file and available for public inspection in the appropriate offices of the National Park Service. 5. Administration
(a) In general
The Secretary, acting through the Director of the National Park Service, shall administer the Trail in accordance with this Act.
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(b) Trail management office
In order for the National Park Service to manage the Trail and coordinate Trail activities with other public agencies and private entities, the Secretary may establish and operate a Trail management office within the vicinity of the Trail. (c) Interagency technical committee
The Secretary shall establish an interagency technical committee to advise the trail management office in technical planning for the development of the Cooperative Management and Interpretation Plan.
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The interagency technical committee— (1) shall include representation from the local, State, tribal, and Federal governments with interests in the floods and representation from the Ice Age Floods Institute; and (2) may include private property owners, business owners, and nonprofit organizations. (d) Trail advisory committee
The Secretary shall establish and maintain a trail advisory committee comprised of individuals appointed by public land management agencies, local, State, and tribal governments, private citizens, and interested nonprofit organizations, including the Ice Age Floods Institute. The trail advisory committee shall assist the Trail manager and staff with the operation of the Trail.
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(e) Management plan
Not later than 3 years after funds are made available for this purpose, the Secretary shall prepare a Cooperative Management and Interpretation Plan for the Trail in consultation with State, local, and tribal governments, the Ice Age Floods Institute, private property owners, and other interested parties. The Cooperative Management and Interpretation Plan shall— (1) describe strategies for the coordinated development of the Trail, including an interpretive plan for facilities, waysides, roadside pullouts, exhibits, media, and programs that would present the floods’ story to the public effectively;
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(2) identify potential partnering opportunities in the development of interpretive facilities and educational programs to educate the public about the story of the flood; (3) confirm and, if appropriate, expand upon the inventory of floods’ features contained in the National Park Service study entitled Ice Age Floods, Study of Alternatives and Environmental Assessment (February, 2001) by locating features more accurately, improving the description of features, and reevaluating the features in terms of their interpretive potential; and (4) review and, if appropriate, modify the map of the Trail referred to in section 4(b)(1).
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(f) Land acquisition
The Secretary may acquire not more than 25 acres of land for public information and administrative purposes to facilitate the geographic diversity of the entire trail throughout Montana, Idaho, Washington and Oregon. Such acquisitions shall be consistent with the Cooperative Management and Interpretation Plan. Of these 25 acres, private land may be acquired from willing sellers only by exchange, donation, or purchase with donated or appropriated funds. Non-Federal public lands may be acquired from willing sellers only by donation or exchange and only after consultation with the affected local governments.
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(g) Interpretive facilities
The Secretary may plan, design, and construct interpretive facilities for sites associated with the Trail if the facilities are constructed in partnership with State, local, tribal, or non-profit entities and are consistent with the Cooperative Management and Interpretation Plan. (h) Private property rights
Nothing in this Act shall be construed to require any private property owner to allow public access (including Federal, State or local government access) to such private property or to modify any provision of Federal, State or local law with regard to public access to or use of private lands.
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(i) Liability
Designation of the trail shall not be considered to create any liability or to have any effect on any liability under any law of any private property owner with respect to any persons injured on such private property.
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(j) Cooperative management
In order to facilitate the development of coordinated interpretation, education, resource stewardship, visitor facility development and operation, and scientific research associated with the Trail, and to promote more efficient administration of the sites associated with the Trail, the Secretary may enter into cooperative management agreements with appropriate officials in Montana, Idaho, Washington, and Oregon in accordance with the authority provided for units of the National Park System under section 3(l) of Public Law 91–383 (112 Stat. 3522; 16 U.S.C. 1a-2 ).
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For purposes of this subsection only, the Trail shall be considered a unit of the National Park System. (k) Cooperative agreements
The Secretary is authorized to enter into cooperative agreements with public or private entities to further the purposes of this Act. (l) United States Geological Survey
The Secretary shall use the United States Geological Survey to assist the Interagency Technical Committee and the National Park Service carry out this Act. (m) Regulations prohibited
The Secretary may not promulgate regulations specifically for management of the Trail. 6.
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Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out this Act. Not more than $500,000 of funds appropriated for this Act may be used in each fiscal year for administration of the Trail.
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That section 14501(c)(2)(C) of title 49, United States Code, is amended by striking the price of and all that follows through transportation is and inserting the regulation of tow truck operations.
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1. Short title
This Act may be cited as the National Dairy Equity Act of 2004. 2. Regional Dairy Marketing Areas
Subtitle E of title I of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 7981 et seq. ) is amended— (1) by inserting before section 1501 ( 7 U.S.C. 7981 ) the following: 1 General provisions
; and (2) by adding at the end the following: 2 Regional Dairy Marketing Areas
1511.
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Definitions
In this chapter: (1) Board
The term Board means the Regional Dairy Board established for a Region under section 1514. (2) Classes of milk
The terms Class I milk , Class II milk , Class III milk , and Class IV milk mean milk (including components of milk) classified as Class I, II, III, or IV milk, respectively, under a Federal milk marketing order.
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(3) Covered processor
The term covered processor means a person or entity operating— (A) a milk plant located in the regulated area of a Region; or (B) a milk plant that, while not located in the regulated area of a Region, distributes Class I milk products in a regulated area.
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(4) Eligible producer
(A) The term eligible producer means an individual or entity that the Secretary determines directly or indirectly— (i) shares in the risk of producing milk; and (ii) 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.
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(B) The term does not include an individual or entity that elects under section 1512(c) to continue to receive national dairy market loss payments pursuant to a contract entered into under section 1502. (5) Fund
The term Fund means the National Dairy Producers Fund established under section 1518. (6) Federal milk marketing order
The term Federal milk marketing order means a Federal milk marketing order issued under section 8c of the Agricultural Adjustment Act ( 7 U.S.C. 608c ), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937.
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(7) Over-order premium
The term over-order premium means the difference between— (A) the over-order price established by the Board for the regulated area of a Region; and (B) the Class I milk price per hundredweight in Boston under the applicable Federal milk marketing order. (8) Over-order price
The term over-order price means the minimum price for Class I milk in the regulated area of a Region, as established by the Board by regulation under section 1515.
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(9) Partially regulated plant
(A) The term partially regulated plant means— (i) a milk plant that, while not located in the regulated area of a Region, distributes Class I milk products in a regulated area; or (ii) a milk plant that, while located in the regulated area of a Region, distributes Class I milk products in the regulated area of a different Region.
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(B) The term does not include a milk plant described in subparagraph (A) that distributes less than a minimum quantity of Class I milk in the regulated area in which such distribution occurs, or derives less than a minimum quantity of receipts from such distribution. The Board for the regulated area in which such distribution occurs shall establish the minimum quantity of milk or receipts for purposes of this exclusion. (10) Participating state
The term participating State means a State that is designated as a participating State in a Region under section 1512.
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(11) Pool plant
The term pool plant means a milk plant located in the regulated area of a Region. (12) Region
The term Region means a Regional Dairy Marketing Area established under section 1513. (13) Regulated area
The term regulated area means that portion of a Region consisting of participating States. (14) Secretary
The term Secretary means the Secretary of Agriculture. 1512.
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Participating States
(a) Designation of participating states
For the purpose of this chapter, the following States are participating States: (1) Each State in the Northeast, Southern, and Midwest Regions specified in section 1513. (2) Each State in a different Region specified in section 1513, if that State elects to become a participating State by providing to the Secretary written notice through the Governor of the State in accordance with State law.
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(b) Termination of participation
(1) Method of termination
To terminate the designation of a State as a participating State in a Region, the Governor of the State (with the concurrence of the legislature of the State) shall submit written notice to the Secretary and the applicable Board of the termination.
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(2) Effective date of termination
(A) Initial termination authority
If a State submits the written notice required by paragraph (1) before the end of the 30-day period beginning on the date of enactment of this chapter, the termination of the designation of the State as a participating State shall take effect 30 days after the date on which the notice was submitted.
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(B) Subsequent termination authority
If a State submits the written notice required by paragraph (1) after the end of the period specified in subparagraph (A), the termination of the designation of the State as a participating State shall take effect 1 year after the date on which notice was submitted. (3) Resumption of participation
A State that terminates its designation as a participating State may restore, in the manner provided by State law, the designation of the State as a participating State.
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The Governor of the State shall provide written notice to the Secretary and the applicable Board of the decision to restore such designation, which shall take effect on the first day of the first month beginning after the Secretary receives the written notice. (c) Relation to national dairy market loss payments
(1) Election of benefits
In the case of each eligible producer operating in a participating State that is also a party to a contract entered into under section 1502 to receive national dairy market loss payments, the Secretary shall give the producer a 60-day period within which to elect to terminate the contract and to instead receive payments under this chapter.
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The 60-day period for eligible producers in a State shall commence on the date on which the State is first designated as a participating State under subsection (a). (2) Effective date of termination
If an eligible producer elects to terminate a contract under section 1502, as authorized by paragraph (1), the termination shall take effect on the date on which payments are first made to eligible producers under section 1521 in the participating State in which the producer operates.
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(3) Protection during initial state termination period
If a State exercises the initial termination authority provided under subsection (b), any election made by an eligible producer in that State under paragraph (1) to terminate a contract under section 1502 shall not take effect. (4) Effect of election to continue contract
An eligible producer that does not elect to terminate a contract under section 1502, as authorized by paragraph (1), shall cease to be an eligible producer for the purpose of this chapter at the end of the period specified in such paragraph.
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The contract of such a producer shall terminate on September 30, 2005, notwithstanding any amendment to section 1502 to extend the duration of such contracts. After that date, the producer shall be ineligible for national dairy market loss payments under section 1502 and ineligible for payments under this chapter.
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(5) Effect of subsequent state termination or restoration of participation
An eligible producer operating in a State that terminates its designation as a participating State under subsection (b)(2)(B) shall be eligible to enter into a contract under section 1502 to receive national dairy market loss payments, but only if— (A) the producer is not ineligible to receive such payments under paragraph (4); and (B) the producer agrees to terminate the contract under section 1502 if the State in which the producer operates restores its designation as a participating State under subsection (b)(3). 1513.
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Dairy marketing areas
There are established 5 Regional Dairy Marketing Areas to be composed of the following States, so long as the States are designated as participating States: (1) Northeast region
A Northeast Dairy Marketing Area composed of the States of Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, and Vermont. (2) Southern region
A Southern Dairy Marketing Area composed of the States of Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, Missouri, North Carolina, Oklahoma, South Carolina, Texas, Tennessee, Virginia, and West Virginia.
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(3) Midwest region
A Midwest Dairy Marketing Area composed of the States of Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Nebraska, North Dakota, Ohio, South Dakota, and Wisconsin. (4) Intermountain region
An Intermountain Dairy Marketing Area composed of the States of Arizona, Colorado, Idaho, Montana, Nevada, New Mexico, Utah, and Wyoming. (5) Pacific region
A Pacific Dairy Marketing Area composed of the States of Alaska, California, Hawaii, Oregon, and Washington. 1514.
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Regional Dairy Boards
(a) In general
Each Region shall be administered by a Regional Dairy Board. (b) Composition
(1) Number and appointment
The Board for a Region shall be composed of 3 members from each participating State in the Region, appointed by the Secretary from nominations submitted as provided in paragraph (2).
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(2) Nomination process
The members of the Board from a participating State shall be selected from at least 9 individuals nominated by the Governor of the State, except that, if the commissioner of the department of agriculture of the State is an elected position, the nominations for the State shall be made by the commissioner. The nominations shall be made in consultation with eligible producers and the dairy industry in the participating State.
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(3) Representation
Of the members of the Board nominated and appointed to represent a participating State— (A) at least 1 member shall be an eligible producer in the State at the time of nomination and appointment; and (B) at least 1 member shall be a consumer representative. (c) Terms
(1) In general
Except as provided in paragraph (2), each member of the Board shall serve for a term of 3 years.
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(2) Initial appointments
Of the members first appointed to the Board from a participating State, the Secretary shall appoint— (A) 1 member to serve a term of 1 year; (B) 1 member to a term of 2 years; and (C) 1 member to a term of 3 years. (d) Voting
The members of the Board representing a participating State shall be entitled to cast only 1 vote on behalf of the participating State in any vote taken by members of the Board. (e) Powers
In carrying out this chapter in a Region,
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the Board for the Region is authorized— (1) to investigate, or provide for investigations or research projects designed to review, the laws of participating States in the Region— (A) to measure the impact of the laws on— (i) the production and marketing of milk; and (ii) the shipment of milk and milk products in the Region; and (B) to review the administration and costs of the laws (2) to study and recommend to participating States of the Region joint or cooperative programs for the administration of dairy marketing laws and to prepare estimates of cost savings and benefits of such programs;
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(3) to encourage harmonious relationships between the various elements of the dairy industry in the Region for the solution of material problems, including conducting symposia or conferences designed to improve dairy-industry relations; or resolve problems of the dairy industry; (4) to submit to participating States in the Region periodic reports on activities and programs of the Board; (5) to review the processing and marketing system for milk and milk products in the regulated area of the Region and to recommend changes in the system used for the production and distribution of milk to assist, improve, or promote more efficient production and distribution of milk;
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(6) to investigate costs and charges in the regulated area of the Region for producing, hauling, handling, processing, distributing, selling, and conducting all other services performed with respect to milk; (7) to examine— (A) economic forces affecting eligible producers in the Region; (B) probable trends in production and consumption of milk and milk products in the Region; (C) the level of dairy farm prices in relation to costs in the Region; (D) the financial condition of eligible producers in the Region; and (E) the need for an emergency order to relieve critical conditions on dairy farms in the regulated area;
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(8) to take such actions as may be necessary to manage any overproduction of milk in the regulated area of the Region, including the authority to develop and implement an incentive-based supply management program in addition to other actions to manage such overproduction; and (9) to issue such orders, promulgate such regulations, and take such other actions as are necessary to carry out this chapter in the regulated area of the Region.
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(f) Use of other agencies
The Board for a Region shall, to the maximum extent practicable, enter into agreements with Federal or State agencies for the exchange of information or services for the purpose of reducing regulatory burden and cost of administering this chapter. The Board may reimburse other agencies for the reasonable cost of providing the services. (g) Technical assistance
At the request of the Board, the administrator of a Federal milk marketing order shall provide technical assistance to the Board. The Board shall reimburse the administrator for the reasonable cost of providing the technical assistance. 1515.
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Establishment of over-order price for sale of Class I milk
(a) Authority to establish over-order price
Subject to subsection (b), the Board for a Region may establish, by regulation, an over-order price for the sale of Class I milk in the regulated area of a Region that— (1) is higher than the price for Class I milk established under Federal milk marketing orders operating in the regulated area; and (2) is higher than the price for fluid milk otherwise applicable in any portion of the regulated area not covered by a Federal milk marketing order.
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(b) Maximum authorized over-order price
During the beginning on the date of the enactment of this chapter and ending on December 31, 2005, an over-order price established under subsection (a) may not exceed $17.50 per hundredweight. For each subsequent calendar year, the maximum over-order price applicable during the preceding year shall be adjusted by the Secretary to reflect changes for the 12-month period ending the preceding November 30 in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor.
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(c) Application of over-order price and premium
(1) Uniform prices
In the regulations establishing an over-order price, the Board shall provide for— (A) the payment of uniform prices to all eligible producers and associations of eligible producers delivering milk to all covered processors for all milk so delivered, irrespective of the uses made of the milk by an individual covered processor; or (B) the payment of uniform prices to all eligible producers and associations of eligible producers delivering milk to the same covered processor for all milk delivered by the eligible producers and associations to that covered processor.
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(2) Payment by covered processors
As provided in section 1516, the over-order premium applicable to the regulated area of a Region, determined on the basis of the over-order price established under subsection (a) for the regulated area, shall be paid by pool plants, partially regulated plants, and all other covered processors receiving milk from eligible producers located in a regulated area.
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(3) Legal obligation to pay price
The legal obligation to pay the over-order price shall be determined solely by the terms and purpose of the regulation establishing the price, without regard to the location of the transfer of title, possession, or any other factors not related to the purposes of the regulation and this chapter. (4) Producer-handlers
A producer-handler (as defined in the applicable Federal milk marketing order) that sells not more 150,000 pounds of milk per month shall not be subject to an over-order price under this subsection or the payment of the resulting over-order premium.
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(d) Equalization pools
(1) Over-order prices
In the case of regulations establishing an over-order price, the Board may establish 1 or more equalization pools within the regulated area for the sole purpose of equalizing returns to eligible producers throughout the regulated area.
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(2) Pooling and equalization of over-order prices
For purposes of the pooling and equalization of an over-order price— (A) the value of milk used in other use classifications shall be calculated at the appropriate class price established pursuant to the applicable Federal milk marketing order; and (B) the value of milk not covered by a Federal milk marketing order shall be calculated in relation to the nearest prevailing class price in accordance with and subject to such adjustments as the Board may prescribe by regulation. (e) Factors
In determining the amount of an over-order price to be established under this section,
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the Board shall consider— (1) the balance between production and consumption of milk and milk products in the regulated area; (2) the costs of milk production in the regulated area, including— (A) the price of feed, including the cost of hay, silage, pasture, and other forage; (B) the cost of labor, including the reasonable value of the eligible producer’s own labor and management; (C) machinery expenses; (D) interest expenses; and (E) other cash expenses, including the cost of hauling, veterinary services and medicine, bedding and litter, marketing, custom services and supplies,
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fuel, lubrication, electricity, machinery and building repairs, labor, association fees, and assessments; (3) the prevailing price for milk outside the regulated area; (4) the purchasing power of the public; and (5) the price necessary to yield a reasonable return to the eligible producer. (f) Producer settlement funds
The regulations shall require that the account of any person regulated under the over-order price shall be adjusted for any payments made to or received by the person with respect to a producer settlement fund of any Federal milk marketing order within the regulated area. 1516.
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Payments from covered processors
(a) Payments required
Subject to subsection (b), each covered processor that purchases Class I milk during a month that will be sold in the regulated area of a Region shall pay to the Secretary an amount equal to the product obtained by multiplying— (1) the over-order premium in effect for the regulated area for the month; by (2) the quantity of Class I milk so purchased from eligible producers during the month.
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(b) Reduction for any applicable equalization payments
The product obtained under subsection (a) for a covered processor for a month shall be reduced by any applicable equalization payments made for the same month by the covered processor pursuant to regulations issued under section 1517(a). (c) Deposit of payments in fund
The Secretary shall deposit amounts received under this section in the Fund. 1517.
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Optional provisions for pricing orders
(a) Equalization payments
(1) In general
In issuing regulations establishing an over-order price, the Board for a Region may include a provision to require persons that bring Class I milk into the regulated area of the Region to make equalization payments with respect to all such milk to the extent necessary to equalize the cost of milk purchased by covered processors subject to the over-order price. (2) Discrimination
The regulations shall not discriminate against milk producers outside the regulated area.
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(3) Amount
The regulations for equalization payments may require payment of the difference between— (A) the applicable over-order price; and (B) the Class I price required to be paid for the milk in the State of production by a Federal milk marketing order. (b) Partially regulated plants
The regulations issued by the Board for a Region may provide special provisions governing the pricing and pooling of milk handled by partially regulated plants.
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(c) Other provisions
The regulations issued by the Board for a Region may contain such other provisions and requirements as the Board determines are necessary or appropriate— (1) to effectuate the purposes of this chapter; and (2) to provide for the payment of fair and equitable minimum prices for milk sold by eligible producers. 1518. National Dairy Producers Fund
(a) Establishment
There is established in the Treasury of the United States a revolving fund to be known as the National Dairy Producers Fund.
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The fund shall consist of the following: (1) Payments by covered processors required to be deposited in the Fund under section 1516(c). (2) The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund under subsection (d). (3) To the extent that amounts referred to in the preceding paragraphs are insufficient to carry out this chapter, funds of the Commodity Credit Corporation, which shall be transferred by the Secretary to the Fund to make up the short-fall.
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(b) Expenditures from fund
On request by the Secretary, the Secretary of the Treasury shall transfer from the Fund to the Secretary such amounts as the Secretary determines are necessary to carry out this chapter. (c) Investment of amounts
(1) In general
The Secretary of the Treasury shall invest such portion of the Fund as is not, in the judgment of the Secretary, required to meet current operating requirements. (2) Investments
Investments may be made only in interest-bearing obligations of the United States.
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(3) Acquisition of obligations
For the purpose of investments under paragraph (1), obligations may be acquired— (A) on original issue at the issue price; or (B) by purchase of outstanding obligations at the market price. (4) Sale of obligations
Any obligation acquired by the Fund may be sold by the Secretary of the Treasury at the market price. 1519.
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Compensation for administrative and increased food assistance costs
(a) Administrative costs
(1) Board assessment for administrative costs
The Board for a Region may impose and collect an assessment on covered processors operating in the regulated area of the Region to cover administrative costs incurred by the Board to carry out its duties under this chapter. The assessment amount may not exceed $0.03 per hundredweight.
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(2) Use of fund
The Secretary shall use amounts in the Fund to cover— (A) administrative costs incurred by the Secretary to carry out this chapter; and (B) any administrative costs incurred by the Boards not covered by the assessments imposed under paragraph (1). (b) Increased federal food assistance costs
The Secretary shall use amounts in the Fund to cover the increased cost of any milk and milk products that results from carrying out this chapter— (1) child nutrition programs (as defined in section 25(b) of the Richard B. Russell National School Lunch Act ( 42 U.S.C.
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1769f(b) ); and (2) nutrition services provided through projects carried out under part C of title IV of the Older Americans Act of 1965 ( 42 U.S.C. 3030e et seq. ). (c) Increased state food assistance costs
The Secretary shall use amounts in the Fund to make payments to each participating State for the increased costs incurred by the participating State of any milk or milk products provided under the special supplemental nutrition program for women, infants, and children established by section 17 of the Child Nutrition Act of 1966 ( 42 U.S.C.
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1786 ) that results from carrying out this chapter.
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(d) Compensation of commodity credit corporation for increased milk purchases
At the end of each month for which an over-order price is in effect for a Region, the Board of the Region shall compensate the Commodity Credit Corporation for the cost of any purchases of milk and milk products by the Corporation in the regulated area of the Region for that month resulting from a rate of increase in milk production for the month in the regulated area in excess of the national average rate of the increase in milk production over the 3-year period ending at the end of the preceding month, as determined by the Secretary. 1520.
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Use of fund to assist eligible producers
(a) Provision of funds to boards
The Secretary shall use amounts in the Fund to make monthly payments to the Boards. (b) Amount
The amount of a payment made to a Board for a Region for the most recent month for which data are available shall be the greater of— (1) the amount of payments made by covered processors to the Fund under section 1516 for purchases of Class I milk that will be sold in the regulated area of the Region during the month;
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or (2) the amount obtained by multiplying— (A) a payment quantity equal to the total quantity of all milk produced in the regulated area of the Region during the month; (B) a payment rate equal to the over-order premium in effect for the regulated area for the month; and (C) 50 percent. (c) Payments to producers
The Board for a Region shall use amounts received under this section to make payments to eligible producers for all classes of milk that is produced in the regulated area of the Region. 1521.
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Producer referendum
(a) Referendum required
For the purpose of ascertaining whether the issuance, amendment, or termination of regulations establishing an over-order price is approved by eligible producers in the regulated area of a Region, the Board for the Region shall conduct a referendum among such eligible producers. (b) Timing
The referendum shall be held in a timely manner, as determined by regulation of the Board. (c) Ballot content
(1) In general
The terms and conditions of the proposed order or amendment shall be described by the Board in the ballot used in the referendum.
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(2) Actions
The nature, content, or extent of the description shall not be used a basis for attacking the legality of the order or any action relating to the order. (d) Approval
An order or amendment shall be considered approved by eligible producers if the Board determines that the order or amendment is approved by a majority of the voting eligible producers who, during a representative period determined by the Board, have been engaged in the production of milk the price of which would be regulated under the proposed order or amendment.
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(e) Cooperatives
(1) In general
Subject to paragraphs (2) through (6), for the purpose of a referendum, the Board shall consider the approval or disapproval by any cooperative association of eligible producers qualified under the Act entitled An Act to authorize association of producers of agricultural products (commonly known as the Capper-Volstead Act ) ( 7 U.S.C. 291 et seq. )
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and engaged in marketing milk, or in rendering services for or advancing the interests of eligible producers, as the approval or disapproval of the eligible producers who are members or stockholders in, or under contract with, the cooperative association of eligible producers. (2) Common marketing agency
No cooperative that has been formed to act as a common marketing agency for both the cooperative and individual eligible producers shall be qualified to block vote for the cooperative or individual eligible producers.
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(3) Notification by cooperative
(A) In general
Any cooperative that is qualified to block vote shall, before submitting the approval or disapproval of the cooperative in any referendum, give prior written notice to each of the members of the cooperative as to whether and how the cooperative intends to cast the vote of the cooperative. (B) Administration
The notice shall be given in a timely manner as established, and in the form prescribed, by the Board. (4) Producer ballots
(A) In general
Any eligible producer may obtain a ballot from the Board in order to register approval or disapproval of the proposed order.
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(B) Ballots
If a cooperative provides notice to an eligible producer of the intent of the cooperative to approve or not approve a proposed order and the eligible producer casts a ballot that is contrary to the intent of the cooperative— (i) the eligible producer shall notify the Board as to the name of the cooperative of which the eligible producer is a member; and (ii) the Board shall— (I) remove the name of the eligible producer from the list certified by the cooperative of corporate vote of the cooperative; and (II) provide the eligible producer with an independent ballot that may be cast in the referendum.
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(5) Notification by Board
In order to ensure that all eligible producers are informed regarding the proposed order, the Board shall notify all eligible producers that— (A) an order is being considered; and (B) each eligible producer may register the approval or disapproval of the eligible producer with the Board directly or through the cooperative of the eligible producer. 1522. Enforcement with respect to covered processors
In the case of covered processors,
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the Board may enforce this chapter (including regulations establishing an over-order price and other regulations issued under this chapter) by— (1) commencing an action for legal or equitable relief brought in the name of the Board in Federal or State court of competent jurisdiction; (2) referral to the State agency for enforcement by judicial or administrative remedy with the agreement of the appropriate State agency of a participating State; or (3) bringing an action for an injunction to enforce this chapter, without being compelled to allege or prove that an adequate remedy of law does not exist. 1511.
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