PUBLIC LAW 107-171—MAY 13, 2002 116 STAT. 489 SEC. 10105. MARKET LOSS ASSISTANCE FOR APPLE PRODUCERS. (a) IN GENERAL.— Of the funds of the Commodity Credit Corporation, the Secretary of Agriculture shall use $94,000,000 for fiscal year 2002 to make payments, as soon as practicable after the date of enactment of this Act, to apple producers for the loss of markets during the 2000 crop year. (b) PAYMENT QUANTITY.—The payment quantity of apples for which the producers on a farm are eligible for payments under this section shall be equal to the lesser of— (1) the quantity of the 2000 crop of apples produced by the producers on the farm; or (2) 5,000,000 pounds of apples produced on the farm. (c) LIMITATIONS.-— Subject to subsection (b)(2), the Secretary shall not establish a payment limitation, or income eligibility limitation, with respect to payments made under this section. (d) REGULATIONS.— (1) IN GENERAL.— The Secretary shall promulgate such regulations as are necessary to implement this section. (2) PROCEDURE. — The promulgation of the regulations and administration of this section shall be made without regard to— (A) the notice and comment provisions of section 553 of title 5, United States Code; (B) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and (C) chapter 35 of title 44, United States Code (commonly known as the "Paperwork Reduction Act"). (3) CONGRESSIONAL REVIEW OF AGENCY RULEMAKING.— In carrying out this subsection, the Secretary shall use the authority provided under section 808 of title 5, United States Code. SEC. 10106. MARKET LOSS ASSISTANCE FOR ONION PRODUCERS. The Secretary of Agriculture shall use $10,000,000 of the funds of the Commodity Credit Corporation to make a grant to the State of New York to be used to support onion producers in Orange County, New York, that have suffered losses to onion crops during 1 or more of the 1996 through 2000 crop years. SEC. 10107. COMMERCIAL FISHERIES FAILURE. (a) IN GENERAL. — The Secretary of Agriculture, in consultation with the Secretary of Commerce, shall provide emergency disaster assistance for the commercial fishery failure under section 308(b)(1) of the Interjurisdictional Fisheries Act of 1986 (16 U.S.C. 4107(b)(1)) with respect to Northeast multispecies fisheries. (b) PROGRAM REQUIREMENTS.—Amounts made available to carry out this section shall be used to support a voluntary fishing capacity reduction program in the Northeast multispecies fishery that— (1) is certified by the Secretary of Commerce to be consistent with section 312(b) of the Magnuson-Stevens Fishery
- Conservation and Management Act (16 U.S.C. 1861a(b)); and
(2) permanently revokes multispecies limited access fishing permits so as to obtain the maximum sustained reduction in fishing capacity at the least cost and in the minimum period Grants. New York. Disaster assistance.
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