References in Text
This Act, referred to in text, is [Pub. L. 110–246], June 18, 2008, [122 Stat. 1651], 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. 110–234] and [Pub. L. 110–246] enacted identical sections. [Pub. L. 110–234] was repealed by [section 4(a) of Pub. L. 110–246].
Section was not enacted as part of title I of [Pub. L. 110–246] which in part comprises this chapter.
Statutory Notes and Related Subsidiaries
Effective Date
[Pub. L. 110–246, § 4], June 18, 2008, [122 Stat. 1664], provided that:“(a)
In General.—
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) [[Pub. L. 110–234], see Tables for classification], and the amendments made by that Act, are repealed, effective on the date of enactment of that Act [May 22, 2008].
“(b)
Effective Date.—
Except as otherwise provided in this Act [[Pub. L. 110–246], see Tables for classification], this Act and the amendments made by this Act shall take effect on the earlier of—
“(1)
the date of enactment of this Act [June 18, 2008]; or
“(2)
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) [May 22, 2008].”
Short Title
[Pub. L. 110–234, § 1(a)], May 22, 2008, [122 Stat. 923], and [Pub. L. 110–246], §§ 1(a), 4(a), June 18, 2008, [122 Stat. 1651], 1664, provided that: “This Act [see Tables for classification] may be cited as the ‘Food, Conservation, and Energy Act of 2008’.”
[[Pub. L. 110–234] and [Pub. L. 110–246] enacted identical provisions. [Pub. L. 110–234] was repealed by [section 4(a) of Pub. L. 110–246], set out as a note above.]
1-Year Extension of Agricultural Programs
[Pub. L. 112–240, title VII, § 701], Jan. 2, 2013, [126 Stat. 2362], provided that:“(a)
Extension.—
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 ([Public Law 110–246]; [122 Stat. 1651]) [see Tables for classification] and each amendment made by that Act (and for mandatory programs at such funding levels), as in effect on September 30, 2012, shall continue, and the Secretary of Agriculture shall carry out the authorities, until the later of—
“(1)
September 30, 2013; or
“(2)
the date specified in the provision of that Act or amendment made by that Act.
“(b)
Commodity Programs.—
“(1)
In general.—
The 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 (
7 U.S.C. 8702)) or to peanuts, sugarcane, or sugar beets for the 2012 crop year pursuant to title I of that Act (
7 U.S.C. 8702 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.
“(2)
Milk.—
“(A)
In general.—
Notwithstanding 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]
7 U.S.C. 8771) through
December 31, 2013.
“(B)
Milk income loss contract program.—
“(3)
Suspension of permanent price support authorities.—
The provisions of law specified in subsections (a) through (c) of section 1602 of the Food, Conservation, and Energy Act of 2008 (
7 U.S.C. 8782) shall be suspended—
“(A)
for the 2013 crop or production year of a covered commodity (as that term is defined in section 1001 of that Act (
7 U.S.C. 8702)), peanuts, sugarcane, and sugar, as appropriate; and
“(B)
in the case of milk, through December 31, 2013.
“(c)
Conservation Programs.—
“(1)
Conservation reserve.—
“(2)
Voluntary public access.—
“(d)
Supplemental Nutrition Assistance Program.—
“(1)
Employment and training program.—
“(2)
Nutrition education.—
“(e)
Research Programs.—
“(1)
Organic agriculture research and extension initiative.—
“(2)
Specialty crop research initiative.—
“(3)
Beginning farmer and rancher development program.—
“(f)
Energy Programs.—
“(1)
Biobased markets program.—
“(2)
Biorefinery assistance.—
“(3)
Repowering assistance.—
“(4)
Bioenergy program for advanced biofuels.—
“(5)
Biodiesel fuel education program.—
“(6)
Rural energy for america program.—
“(7)
Biomass research and development.—
“(8)
Rural energy self-sufficiency initiative.—
“(9)
Feedstock flexibility program for bioenergy producers.—
“(10)
Biomass crop assistance program.—
“(11)
Forest biomass for energy.—
“(12)
Community wood energy program.—
“(g)
Horticulture and Organic Agriculture Programs.—
“(1)
Farmers market promotion program.—
“(2)
National clean plant network.—
“(3)
National organic certification cost-share program.—
“(4)
Organic production and market data initiatives.—
“(h)
Outreach and Technical Assistance for Socially Disadvantaged Farmers or Ranchers.—
“(i)
Exceptions.—
“(1)
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).
“(2)
Conservation.—
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]
16 U.S.C. 3841(a)), 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
[section 716 of Public Law 112–55] (
[125 Stat. 582]).
“(3)
Trade.—
Subsection (a) does not apply with respect to the following provisions of law:
“(A)
Section 3206 of the Food, Conservation, and Energy Act of 2008 (
7 U.S.C. 1726c) relating to the use of Commodity Credit Corporation funds to support local and regional food aid procurement projects.
“(B)
Section 3107(
l)(1) of the Farm Security and Rural Investment Act of 2002 (
7 U.S.C. 1736o–1(
l)(1)) relating to the use of Commodity Credit Corporation funds to carry out the McGovern-Dole International Food for Education and Child Nutrition Program.
“(4)
Survey of foods purchased by school food authorities.—
Subsection (a) does not apply with respect to section 4307 of the Food, Conservation, and Energy Act of 2008 ([Public Law 110–246]; [122 Stat. 1893]) relating to the use of Commodity Credit Corporation funds for a survey and report regarding foods purchased by school food authorities.
“(5)
Rural development.—
Subsection (a) does not apply with respect to the following provisions of law:
“(A)
Section 379E(d)(1) of the Consolidated Farm and Rural Development Act (
7 U.S.C. 2008s(d)(1)), relating to funding of the rural microentrepreneur assistance program.
Applicability of Explanatory Statement in House Report 110–627 to [Pub. L. 110–246]
[Pub. L. 110–246, § 3], June 18, 2008, [122 Stat. 1664], provided that: “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 [[Pub. L. 110–246], 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 [Pub. L. 110–234]].”