PUBLIC LAW 107-76 —NOV. 28, 2001 115 STAT. 741 44, United States Code (commonly known as the "Paperwork Reduction Act"): Provided further, That in carrying out this section, the Secretary shall use the authority provided under section 808 of title 5, United States Code. SEC. 758. PILOT PROGRAM FOR ENROLLMENT OF WETLAND AND BUFFER ACREAGE IN CONSERVATION RESERVE, (a) IN GENERAL. — Section 1231(h)(4)(B) of the Food Security Act of 1985 (16 U.S.C. 3831(h)(4)(B)) is amended by inserting "(which may include emerging vegetation in water)" after "vegetative cover". (b) CONFORMING AMENDMENT. —Section 1232(a)(4) of the Food Security Act of 1985 (16 U.S.C. 3832(a)(4)) is amended by inserting "(which may include emerging vegetation in water)" after "vegetative cover". SEC. 759. SPECIALITY CROPS, (a) GRADING OF TOBACCO.— 7 USC 5iis. (1) IN GENERAL.— Not later than March 31, 2002, the Sec- Deadline, retary of Agriculture (referred to in this section as the "Secretary") shall conduct referenda among producers of each kind of tobacco that is eligible for price support under the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.) to determine whether such producers favor the mandatory grading of that kind of tobacco by the Secretary. (2) MANDATORY GRADING. — (A) IN GENERAL.— If the Secretary determines that mandatory grading is favored by a majority of the producers of a kind of tobacco voting in the referendum, the Secretary is authorized and directed to ensure that the kind of tobacco is graded at the time of sale effective for the 2002 and subsequent marketing years. (B) FEES. —To the maximum extent practicable, the Secretary shall establish, collect, and use fees for the grading of tobacco required under this subsection in the same manner as user fees for the grading of tobacco sold at auction authorized under the Tobacco Inspection Act (7 U.S.C. 511 et seq.). (3) JUDICIAL REVIEW.—^A determination by the Secretary under this subsection shall not be subject to judicial review. (b) QUOTA REDUCTION FOR CONSERVATION RESERVE ACREAGE.— (1) IN GENERAL.— Section 1236 of the Food Security Act of 1985 (16 U.S.C. 3836) is amended— (A) by striking subsection (a); (B) by redesignating subsections (b), (c), and (d) as subsections (a), (b), and (c), respectively; (C) in subsection (b) (as so redesignated), by striking "subsection (b)" and inserting "subsection (a)"; and (D) in subsection (c) (as so redesignated), by striking "subsection (c)" and inserting "subsection (b)". (2) CONFORMING AMENDMENT.— Section 1232(a)(5) of the Food Security Act of 1985 (16 U.S.C. 3832(a)(5)) is amended by striking "section 1236(d)" and inserting "section 1236(c)". (3) APPLICATION.—The amendments made by this sub- 16 USC 3832 section shall apply beginning with the 2002 crop. J^ote. (c) HORSE BREEDER LOANS.— (1) DEFINITION OF HORSE BREEDER. —In this subsection, the term "horse breeder" means a person that, as of the date of enactment of this Act, derives more than 70 percent of the income of the person from the business of breeding.
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