In this Act, the term “Secretary” means the Secretary of Agriculture.
Pub. L. 110–234, § 2122 Stat. 936 Pub. L. 110–246122 Stat. 1664 (, , ; , §§ 2, 4(a), , .)
Editorial Notes
References in Text
Pub. L. 110–246122 Stat. 1651 This Act, referred to in text, is , , , known as the Food, Conservation, and Energy Act of 2008. For complete classification of this Act to the Code, see Short Title note set out below and Tables.
Codification
Pub. L. 110–234Pub. L. 110–246Pub. L. 110–234section 4(a) of Pub. L. 110–246 and enacted identical sections. was repealed by .
Pub. L. 110–246Section was not enacted as part of title I of which in part comprises this chapter.
Statutory Notes and Related Subsidiaries
Effective Date
Pub. L. 110–246, § 4122 Stat. 1664
In General .—
Pub. L. 110–234The Act entitled ‘An Act to provide for the continuation of agricultural programs through fiscal year 2012, and for other purposes’ (H.R. 2419 of the 110th Congress) [, see Tables for classification], and the amendments made by that Act, are repealed, effective on the date of enactment of that Act [].
Effective Date .—
Pub. L. 110–246Except as otherwise provided in this Act [, see Tables for classification], this Act and the amendments made by this Act shall take effect on the earlier of—
the date of enactment of this Act []; or
the date of the enactment of the Act entitled ‘An Act to provide for the continuation of agricultural programs through fiscal year 2012, and for other purposes’ (H.R. 2419 of the 110th Congress) [].”
Short Title
Pub. L. 110–234, § 1(a)122 Stat. 923 Pub. L. 110–246122 Stat. 1651
“This Act [see Tables for classification] may be cited as the ‘Food, Conservation, and Energy Act of 2008’.”
, , , and , §§ 1(a), 4(a), , , 1664, provided that:
Pub. L. 110–234Pub. L. 110–246Pub. L. 110–234section 4(a) of Pub. L. 110–246[ and enacted identical provisions. was repealed by , set out as a note above.]
1-Year Extension of Agricultural Programs
Pub. L. 112–240, title VII, § 701126 Stat. 2362
Extension .—
Public Law 110–246122 Stat. 1651 Except as otherwise provided in this section and amendments made by this section and notwithstanding any other provision of law, the authorities provided by each provision of the Food, Conservation, and Energy Act of 2008 (; ) [see Tables for classification] and each amendment made by that Act (and for mandatory programs at such funding levels), as in effect on , shall continue, and the Secretary of Agriculture shall carry out the authorities, until the later of—
; or
the date specified in the provision of that Act or amendment made by that Act.
Commodity Programs.—
In general .—
7 U.S.C. 87027 U.S.C. 8702The terms and conditions applicable to a covered commodity or loan commodity (as those terms are defined in section 1001 of the Food, Conservation, and Energy Act of 2008 ()) or to peanuts, sugarcane, or sugar beets for the 2012 crop year pursuant to title I of that Act ( et seq.) and each amendment made by that title [see Tables for classification] shall be applicable to the 2013 crop year for that covered commodity, loan commodity, peanuts, sugarcane, or sugar beets.
Milk.—
In general .—
7 U.S.C. 8771Notwithstanding subsection (a), the Secretary of Agriculture shall carry out the dairy product price support program under [former] section 1501 of the Food, Conservation, and Energy Act of 2008 ([former] ) through .
Milk income loss contract program .—
section 8773 of this title[Amended .]
Suspension of permanent price support authorities .—
7 U.S.C. 8782The provisions of law specified in subsections (a) through (c) of section 1602 of the Food, Conservation, and Energy Act of 2008 () shall be suspended—
7 U.S.C. 8702 for the 2013 crop or production year of a covered commodity (as that term is defined in section 1001 of that Act ()), peanuts, sugarcane, and sugar, as appropriate; and
in the case of milk, through .
Conservation Programs.—
Conservation reserve .—
section 3831 of Title 16[Amended , Conservation.]
Voluntary public access .—
section 3839bb–5 of Title 16[Amended , Conservation.]
Supplemental Nutrition Assistance Program.—
Employment and training program .—
section 2025 of this title[Amended .]
Nutrition education .—
section 2036a of this title[Amended .]
Research Programs.—
Organic agriculture research and extension initiative .—
section 5925b of this title[Amended .]
Specialty crop research initiative .—
section 7632 of this title[Amended .]
Beginning farmer and rancher development program .—
section 3319f of this title[Amended former .]
Energy Programs.—
Biobased markets program .—
section 8102 of this title[Amended .]
Biorefinery assistance .—
section 8103 of this title[Amended .]
Repowering assistance .—
section 8104 of this title[Amended former .]
Bioenergy program for advanced biofuels .—
section 8105 of this title[Amended .]
Biodiesel fuel education program .—
section 8106 of this title[Amended .]
Rural energy for america program .—
section 8107 of this title[Amended .]
Biomass research and development .—
section 8108 of this title[Amended .]
Rural energy self-sufficiency initiative .—
section 8109 of this title[Amended former .]
Feedstock flexibility program for bioenergy producers .—
section 8110 of this title[Amended .]
Biomass crop assistance program .—
section 8111 of this title[Amended .]
Forest biomass for energy .—
section 8112 of this title[Amended former .]
Community wood energy program .—
section 8113 of this title[Amended .]
Horticulture and Organic Agriculture Programs.—
Farmers market promotion program .—
section 3005 of this title[Amended former .]
National clean plant network .—
section 7761 of this title[Amended former .]
National organic certification cost-share program .—
section 6523 of this title[Amended .]
Organic production and market data initiatives .—
section 5925c of this title[Amended .]
Outreach and Technical Assistance for Socially Disadvantaged Farmers or Ranchers .—
section 2279 of this title[Amended .]
Exceptions.—
In general .—
Subsection (a) does not apply with respect to mandatory funding provided by programs authorized by provisions of law amended by subsections (d) through (h).
Conservation .—
16 U.S.C. 3841(a)section 716 of Public Law 112–55125 Stat. 582 Subsection (a) does not apply with respect to the programs specified in paragraphs (3)(B), (4), (6), and (7) of section 1241(a) of the Food Security Act of 1985 ([former] ), relating to the conservation stewardship program, farmland protection program, environmental quality incentives program, and wildlife habitat incentives program, for which program authority was extended through fiscal year 2014 by ().
Trade .—
Subsection (a) does not apply with respect to the following provisions of law:
7 U.S.C. 1726c Section 3206 of the Food, Conservation, and Energy Act of 2008 () relating to the use of Commodity Credit Corporation funds to support local and regional food aid procurement projects.
l7 U.S.C. 1736ol Section 3107()(1) of the Farm Security and Rural Investment Act of 2002 (–1()(1)) relating to the use of Commodity Credit Corporation funds to carry out the McGovern-Dole International Food for Education and Child Nutrition Program.
Survey of foods purchased by school food authorities .—
Public Law 110–246122 Stat. 1893 Subsection (a) does not apply with respect to section 4307 of the Food, Conservation, and Energy Act of 2008 (; ) relating to the use of Commodity Credit Corporation funds for a survey and report regarding foods purchased by school food authorities.
Rural development .—
Subsection (a) does not apply with respect to the following provisions of law:
7 U.S.C. 2008s(d)(1) Section 379E(d)(1) of the Consolidated Farm and Rural Development Act (), relating to funding of the rural microentrepreneur assistance program.
Public Law 110–246122 Stat. 1955 Section 6029 of the Food, Conservation, and Energy Act of 2008 (; ) relating to funding of pending rural development loan and grant applications.
7 U.S.C. 1632a(b)(7)(A) Section 231(b)(7)(A) of the Agricultural Risk Protection Act of 2000 (), relating to funding of value-added agricultural market development program grants.
7 U.S.C. 2008j(e)(6)(B) Section 375(e)(6)(B) of the Consolidated Farm and Rural Development Act () relating to the use of Commodity Credit Corporation funds for the National Sheep Industry Improvement Center.
Market loss assistance for asparagus producers .—
Public Law 110–246122 Stat. 2112 Subsection (a) does not apply with respect to section 10404(d) of the Food, Conservation, and Energy Act of 2008 (; ).
Supplemental agricultural disaster assistance .—
7 U.S.C. 153119 U.S.C. 2497Subsection (a) does not apply with respect to section 531 of the Federal Crop Insurance Act () and title IX of the Trade Act of 1974 ( et seq.) relating to the provision of supplemental agricultural disaster assistance.
Pigford claims .—
Public Law 110–246122 Stat. 2209 Subsection (a) does not apply with respect to section 14012 of the Food, Conservation, and Energy Act of 2008 (; ) relating to determination on the merits of Pigford claims.
Heartland, habitat, harvest, and horticulture act of 2008 .—
Public Law 110–246122 Stat. 2246 19 U.S.C. 2497Subsection (a) does not apply with respect to title XV of the Food, Conservation, and Energy Act of 2008 (; ), and amendments made by that title, relating to the provision of supplemental agricultural disaster assistance under title IX of the Trade Act of 1974 ( et seq.), certain revenue and tax provisions, and certain trade benefits and other matters.
Effective Date .—
Except as otherwise provided in this section, this section and the amendments made by this section take effect on the earlier of—
the date of the enactment of this Act []; or
.”
Pub. L. 110–246Applicability of Explanatory Statement in House Report 110–627 to
Pub. L. 110–246, § 3122 Stat. 1664
Pub. L. 110–246Pub. L. 110–234“The Joint Explanatory Statement submitted by the Committee of Conference for the conference report to accompany H.R. 2419 of the 110th Congress (House Report 110–627) shall be deemed to be part of the legislative history of this Act [, see Tables for classification] and shall have the same effect with respect to the implementation of this Act as it would have had with respect to the implementation of H.R. 2419 [enacted as ].”
, , , provided that: