* Act of November 28, 1990 (P.L. 101-624, Title XV, Chapter 5 104 Stat. 3632; 7 U.S.C. 936b, 946(note), 950aaa-4, 1691(note), 1927(a)(3), 1932(f), 6601, 6601(note), 6611-6617, 2001a, 2001a(note), 2007(note), 2204d, 2661(note), 2662, 2662(note), 3125b, 6702-10; 13 U.S.C. 141(note), 142(note),

Short Title

Sec. 1501. This title may be cited as the "Agricultural Develop-ment and Trade Act of 1990".

(7 U.S.C. 1691(note))

* * * *

CHAPTER 5-EFFECTIVE DATE

Effective Date

Sec. 2368. (a) In general.-Ex-cept as provided in subsection (b), this subtitle and the amendments made by this subtitle shall take effect on the date of enactment of this Act.

(b) Technical Amendments.-The amendments made by section 2367 shall take effect as if such amend-ments had been included in chapter 2 of subtitle D of title I of the Om-nibus Budget Reconciliation Act of 1987 on the date of enactment of such chapter. (7 U.S.C. 946(note))

SUBTITLE G - RURAL REVI-TALIZATION THROUGH FOR-EST-RY

CHAPTER 1-FORESTRY RUR-AL REVITALIZATION

Forestry Rural Revitalization

Sec. 2371. (a) Establishment of economic development and global marketing program.-The Secretary of Agriculture, acting through the Extension Service and the Coopera-tive Extension System, and in con-sulta-tion with the Forest Service, shall establish and implement educa-tional programs and provide techni-cal assistance to assist businesses, industries, and policymakers to create jobs, raise incomes, and in-crease public revenues in manners consistent with environmental con-cerns.

(b) Activities.-Each program established under subsection (a) shall-

(1) transfer technologies to natural resource-based industries in the United States to make such industries more efficient, productive, and competitive;

(2) assist businesses to identify global marketing opportunities, conduct business on an international basis, and market themselves more effectively; and

(3) train local leaders in strate-gic community economic develop-ment.

(c) Types of programs.-The Secretary of Agriculture shall estab-lish specific programs under subsec-tion (a) to-

(1) deliver educational services focused on community economic analysis, economic diversification, economic impact analysis, retention and expansion of existing commodi-ty and noncommodity industries, amenity resource and tourism devel-opment, and entrepreneurship focus-ing on forest lands and rural communities; (2) use Cooperative Extension System databases and analytical tools to help communities diversify their economic bases, add value locally to raw forest product materi-als, and retain revenues by helping to develop local businesses and industries to supply forest products locally; and

(3) use the full resources of the Cooperative Extension Service, including land-grant universities and county offices, to promote economic development that is sustainable and environmentally sound. (7 U.S.C. 6601)

CHAPTER 2-NATIONAL

F-ORES-T-DE-PENDENT RUR-AL COM-MU-NI-TIES

Short Title

Sec. 2372. This chapter may be cited as the "National Forest-De-pendent Rural Communities Eco-nomic Diversification Act of 1990". (7 U.S.C. 6601(note))

Findings and Purposes

Sec. 2373. (a) Findings.-The Congress finds that-

(1) the economic well-being of rural America is vital to our national growth and prosperity;

(2) the economic well-being of many rural communities depends upon the goods and services that are derived from national forests;

(3) the economies of many of these communities suffer from a lack of industrial and business di-versity;

(4) this lack of diversity is particularly serious in communities whose economies are predominantly dependent on timber and recre-ation resources and where management decisions made on the national forests by Federal and private orga-nizations may disrupt the supply of those resources;

(5) the Forest Service has expertise and resources that could be directed to promote moderniza-tion and economic diversification of existing industries and services based on forest resources;

(6) the Forest Service has the technical expertise to provide leadership, in cooperation with other governmental agencies and the private sector, to assist rural communities dependent upon national forest resources to upgrade existing industries and diversify by developing new economic activity in non--forest-related industries; and

(7) technical assistance, training, education, and other assistance provided by the Department of Agriculture can be targeted to provide immediate help to those rural communities in greatest need.

(b) Purposes.-The purposes of this chapter are-

(1) to provide assistance to rural communities that are located in or near national forests and that are economically dependent upon forest resources or are likely to be eco-nomically disadvantaged by Federal or private sector land management practices;

(2) to aid in diversifying such communities' economic bases; and

(3) to improve the economic, social, and environmental well-being of rural America. (7 U.S.C. 6611)

Definitions

Sec. 2374. As used in this chap-ter:

(1) The term "action team" means a rural forestry and economic diversification action team estab-lished by the Secretary pursuant to section 2375(b).

(2) The term "economically disadvantaged" means economic hardship due to the loss of jobs or income (labor or proprietor) derived from forestry, the wood products industry, or related commercial enterprises such as recreation and tourism in the national forest.

(3) The term "rural communi-ty" means-

(A) any town, township, municipality, or other similar unit of general purpose local government having a population of not more than 10,000 individuals (according to the latest decennial census) that is located in a county where at least 15 percent of the total primary and secondary labor and proprietor income is derived from forestry, wood products, and forest-related indus-tries such as recreation and tourism; or

(B) any county or similar unit of general purpose local gov-ern-ment having a population of not more than 22,550 individuals (ac-cording to the latest decennial cen-sus) in which at least 15 percent of the total primary and secondary labor and proprietor income is de-rived from forestry, wood products, and forest-related industries such as recreation and tourism,

that is locat-ed within the boundary, or within 100 miles of the boundary, of a national forest.

(4) The term "Secretary" means the Secretary of Agriculture. (7 U.S.C. 6612)

Rural Forestry and Economic Diversification Action Teams

Sec. 2375. (a) Requests for assistance.-Economically disadvan-taged rural communities may re-quest assistance from the Secretary in identifying opportunities that will promote economic improvement and diversifica-tion and revitalization.

(b) Establishment.-Upon re-quest, the Secretary may establish rural forestry and economic diversi-fica-tion action teams to prepare an action plan to provide technical assistance to economically disadvan-taged communities. The action plan shall identify opportunities to pro-mote economic diversifica-tion and enhance local economies now dependent upon national forest resources. The action team may also identify opportunities to use value-added products and services derived from national forest resourc-es.

(c) Organization.-The Secretary shall design and organize any action team established pursuant to subsec-tion (b) to meet the unique needs of the requesting rural community. Each action team shall be directed by an employee of the Forest Ser-vice and may include personnel from other agencies within the De-partment of Agriculture, from other Federal and State departments and agencies, and from the private sec-tor.

(d) Cooperation.-In preparing action plans, the Secretary may cooperate with State and local gov-ernments, universities, private com-panies, individu-als, and nonprofit organizations for procurement of services determined necessary or desirable.

(e) Eligibility.-The Secretary shall ensure that no substantially similar geographical or defined local area in a State receives a grant for technical assistance to an economi-cally disadvantaged community under this chapter and a grant for assistance under a designated rural development program, as defined in section 365(b)(2) of the Consolidat-ed Farm and Rural Develop-ment Act, during any continuous five-year period.

(f) Approval.-After reviewing requests under this section for finan-cial and economic feasibility and viability, the Secretary shall approve and implement in accordance with section 2376 those action plans that will achieve the purposes of this chapter. (7 U.S.C. 6613)

Action Plan Implementation

Sec. 2376. (a) In general.-Action plans shall be implemented, insofar as practicable, to upgrade existing industries to use forest resources more efficiently and to expand the economic base of rural communities so as to alleviate or reduce their dependence on national forest resources.

(b) Assistance.-To implement action plans, the Secretary may make grants and enter into cooperative agreements and contracts to provide necessary technical and related assistance. Such grants, cooperative agreements, and contracts may be with the affected rural community, State and local governments, universities, corporations, and other persons.

(c) Limitation.-The Federal contribution to the overall implementation of an action plan shall not exceed 80 percent of the total cost of the plan, including administrative and other costs. In calculating the Federal contribution, the Secretary shall take into account the fair mar-ket value of equipment, personnel, and services provided.

(d) Available authority.-The Secretary may use the Secretary's authority under the Cooperative For-estry Assistance Act of 1978 (16 U.S.C. 2101 et seq.) and other Fed-eral, State, and local governmental authorities in implementing action plans.

(e) Consistency with forest plans.-The implementation of action plans shall be consistent with land and resource management plans. (7 U.S.C. 6614)

Training and Education

Sec. 2377. (a) Programs.-In furtherance of an action plan, the Secretary may use the Extension Service and other appropriate agen-cies of the Department of Agricul-ture to develop and conduct educa-tion programs that assist businesses, elected or appointed officials, and individuals in rural communities to deal with the effects of a transition from being economically disadvan-taged to economic diversification. These programs may include-

(1) community economic anal-ysis and strategic planning;

(2) methods for improving and retooling enterprises now depen-dent on national forest resources;

(3) methods for expanding enterprises and creating new eco-nomic opportunities by emphasizing economic opportunities in other industries or services not dependent on national forest resources; and (4) assistance in the evaluation, counseling, and enhancement of vocational skills, training in basic and remedial literacy skills, assis-tance in job seeking skills, and training in starting or operating a business enterprise.

(b) Existing educational and training programs.-Insofar as prac-ticable, the Secretary shall use existing Federal, State, and private education resources in carrying out these programs. (7 U.S.C. 6615)

Loans to Economically Disadvantaged Rural Communities

Sec. 2378. (a) In general.-The Secretary, under such terms and conditions as the Secretary shall establish, may make loans to economically disadvantaged rural communities for the purposes of securing technical assistance and services to aid in the development and implementation of action plans, including planning for-

(1) improving existing facili-ties in the community that may generate employment or revenue;

(2) expanding existing infra-structure, facilities, and services to capitalize on opportunities to diver-sify economies now dependent on national forest resources; and

(3) supporting the development of new industries or commercial ventures unrelated to national forest resources.

(b) Interest rates.-The interest rates on a loan made pursuant to this section shall be as determined by the Secretary, but not in excess of the current average market yield on outstanding marketable obliga-tions of the United States with re-maining periods to maturity compa-rable to the maturity of such loan, plus not to exceed 1 percent, as determined by the Secretary, and rounded to the nearest one-eighth of 1 percent. (7 U.S.C. 6616)

Authorization of Appropriations and Spending Authority

Sec. 2379. (a) Authorization of appropriations.-Except as provided in subsection (b), there are autho-rized to be appropriated-

(1) an amount not to exceed 5 percent of the sum of-

(A) the sums received by the Secretary from sales of timber and other products of the forests; and

(B) user fees paid in con-nection with the use of forest lands; and

(2) such additional sums as may be necessary to carry out the purposes of this chapter.

(b) Limitation on authoriza-tion.- Subsection (a) shall not in any way affect payments to the States pursu-ant to chapter 192 of the Act of May 23, 1908 (16 U.S.C. 500).

(c) Spending authority.-Any spending authority (as defined in section 401 of the Congressional Budget Act of 1974) provided in this chapter shall be effective for any fiscal year only to such extent or in such amounts as are provided in appropriation Acts. (7 U.S.C. 6617)

SUBTITLE H - MISCELLANEOUS PROVISIONS

National Rural Information Cen-ter Clearinghouse

Sec. 2381. (a) Establishment.- The Secretary shall establish, within the National Agricultural Library, in coordination with the Extension Service, a National Rural Informa-tion Center Clearinghouse (in this section referred to as the "Clearing-house") to perform the functions specified in subsection (b) of this section.

(b) Functions.-The Clearing-house shall provide and distribute informa-tion and data to any indus-try, orga-nization, or Federal, State, or local government entity, on re-quest, about programs and services provided by Federal, State, and local agencies and private nonprofit orga-nizations and institutions under which individ-uals residing in, ororganizations and State and local govern-ment entities operating in, a rural area may be eligible for any kind of assistance, including job training, education, health care, and econom-ic develop-ment assistance, and emo-tional and financial counsel-ing. To the extent possible, the National Agricultural Library shall use tele-communica-tions technology to dis-seminate information to rural areas.

(c) Federal agencies.-On request of the Secretary, the head of a Fed-eral agency shall provide to the Clearinghouse such information as the Secretary may request to enable the Clearinghouse to carry out sub-section (b).

(d) State and local agencies and nonprofit organizations.-The Secretary shall request State and local governments and private non-profit organizations and institutions to provide to the Clearinghouse such information as such agencies and organizations may have about any program or service of such agencies, organizations, and institutions under which individuals residing in a rural area may be eligible for any kind of assistance, including job training, educational, health care, and eco-nomic development assistance, and emotional and financial counseling.

(e) Limitation on authorization of appropriations.-To carry out this section, there are authorized to be appropriated $500,000 for each of the fiscal years 1991 through 1995. (7 U.S.C. 3125b)

Monitoring the Economic Prog-ress of Rural America

Sec. 2382. (a) Bureau of the Census.-The Director of the Bu-reau of the Census shall expand the data collection efforts of the Bureau to enable the Bureau to collect statisti-cally significant data concern-ing the changing economic condi-tion of rural counties and communi-ties in the United States, including data on rural employment, poverty, income, and other information concerning the rural labor force.

(b) Limitation on authorization of appropriations.-To carry out subsection (a), there are authorized to be appropriated $1,000,000 for each fiscal year. (13 U.S.C. 141(note))

Analysis by Office of Technology Assessment

Sec. 2385. (a) In general.-The Office of Technology Assessment shall include, in a study of the ef-fects of information age technology on rural America, an analysis of the feasibility of ensuring that rural citizens in their homes and schools have the ability to acquire, by com-puter, informa-tion in a national library.

(b) Contents.-In conducting the analysis under subsection (a), the Office of Technology Assess-ment shall-

(1) evaluate, in consultation with the Librarian of Congress, the costs and benefits of establishing a national library whose volumes, periodicals, instructional materials, sound and video resources, and other data are accessible to individu-als through their personal comput-ers;

(2) assess the technological, regulatory, or other impediments to the establishment of the library and information retrieval system de-scribed in paragraph (1), and the length of time required to establish such a library and retrieval system;

(3) describe the potential for the library and information de-scribed in paragraph (1) to provide rural citizens the opportunity to study and explore foreign languages, geography, math, science, history, or other interests, and to exchange scholarly information and ideas with other users, and otherwise to engage in interactive study; and

(4) recommend to the Con-gress the measures that should be taken to establish the library and retrieval system described in para-graph (1). (7 U.S.C. 950aaa-4 (note))

Encouragement of Private Con-tracting

Sec. 2394. (a) In general.-For the purpose of promoting local job creation and private sector invest-ment in rural communities, the Secretary of Agriculture is encour-aged, where appropriate and feasi-ble, to use private enterprise con-cerns located in rural areas, rather than government employees or government enterprises, to provide commercial activities or products to carry out the purposes of this title.

(b) Plan required.-The Secre-tary shall develop and implement a plan that will result in increasing the use of contracts awarded to private firms by the Department of Agricul-ture, and maximizing the use of grant, loan, or other financial assis-tance made for the purpose of rural development to provide the goods and services purchased to carry out the purposes of this title. (7 U.S.C. 2204d)

Preservation of Eligibility

Sec. 2395. Notwithstanding any other provision of law, this title shall not be construed to adversely affect the eligibility, as it existed on the date of enactment of this Act, of cooperatives and other entities for any other credit assistance under Federal law. (7 U.S.C. 2007e (note))

Regulations

Sec. 2396. Except as otherwise provided in this title, no later than 180 days after the date of the enactment of this Act, the Secretary shall promulgate such regulations as may be necessary to carry out this title and the amendments made by this title. (7 U.S.C. 2007e(note))