118 STAT. 3883 PUBLIC LAW 108–465—DEC. 21, 2004 (1) The term ‘‘specialty crop’’ means fruits and vegetables, tree nuts, dried fruits, and nursery crops (including flori- culture). (2) The term ‘‘State’’ means the several States, the District of Columbia, and the Commonwealth of Puerto Rico. (3) The term ‘‘State department of agriculture’’ means the agency, commission, or department of a State government responsible for agriculture within the State. TITLE I—STATE ASSISTANCE FOR SPECIALTY CROPS SEC. 101. SPECIALTY CROP BLOCK GRANTS. (a) AVAILABILITY AND PURPOSE OF GRANTS.—Subject to the appropriation of funds to carry out this section, the Secretary of Agriculture shall make grants to States for each of the fiscal years 2005 through 2009 to be used by State departments of agriculture solely to enhance the competitiveness of specialty crops. (b) GRANTS BASED ON VALUE OF PRODUCTION.—Subject to sub- section (c), the amount of the grant for a fiscal year to a State under this section shall bear the same ratio to the total amount appropriated pursuant to the authorization of appropriations in subsection (i) for that fiscal year as the value of specialty crop production in the State during the preceding calendar year bears to the value of specialty crop production during the preceding cal- endar year in all States whose application for a grant for that fiscal year is accepted by the Secretary under subsection (f). (c) MINIMUM GRANT AMOUNT.—Subject to the appropriation of sufficient funds to carry out this subsection, each State shall receive at least $100,000 each fiscal year as a grant under this section notwithstanding the amount calculated under subsection (b) for the State. (d) ELIGIBILITY.—To be eligible to receive a grant under this section, a State department of agriculture shall prepare and submit, for approval by the Secretary of Agriculture, an application at such time, in such a manner, and containing such information as the Secretary shall require by regulation, including— (1) a State plan that meets the requirements of subsection (e); (2) an assurance that the State will comply with the requirements of the plan; and (3) an assurance that grant funds received under this sec- tion shall supplement the expenditure of State funds in support of specialty crops grown in that State, rather than replace State funds. (e) PLAN REQUIREMENTS.—The State plan shall identify the lead agency charged with the responsibility of carrying out the plan and indicate how the grant funds will be utilized to enhance the competitiveness of specialty crops. (f) REVIEW OF APPLICATION.—In reviewing the application of a State submitted under subsection (d), the Secretary of Agriculture shall ensure that the State plan would carry out the purpose of grant program, as specified in subsection (a). The Secretary may accept or reject applications for a grant under this section. (g) EFFECT OF NONCOMPLIANCE.—If the Secretary of Agri- culture, after reasonable notice to a State, finds that there has Regulations. 7 USC 1621 note. VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00417 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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