Increasing Land Access, Security, and Opportunities Act

I 118TH CONGRESS 1ST SESSION H. R. 3955 To establish the Increasing Land, Capital, and Market Access Program within the Farm Service Agency Office of Outreach and Education. IN THE HOUSE OF REPRESENTATIVES JUNE 9, 2023 Ms. BUDZINSKI (for herself, Mr. NUNN of Iowa, Mr. COURTNEY, and Ms. SPANBERGER) introduced the following bill; which was referred to the Committee on Agriculture A BILL To establish the Increasing Land, Capital, and Market Ac- cess Program within the Farm Service Agency Office of Outreach and Education. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Increasing Land Ac- 4 cess, Security, and Opportunities Act’’. 5 SEC. 2. INCREASING LAND, CAPITAL, AND MARKET ACCESS 6 PROGRAM. 7 (a) DEFINITIONS.—In this section: 8 VerDate Sep 11 2014 03:15 Jul 08, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3955.IH H3955 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3955 IH (1) COVERED PROJECT.—The term ‘‘covered 1 project’’ means a project described in subsection (e). 2 (2) ELIGIBLE ENTITY.— 3 (A) IN GENERAL.—The term ‘‘eligible enti- 4 ty’’ means— 5 (i) a State, local, or territorial govern- 6 ment; 7 (ii) Indian Tribes and Tribal organi- 8 zations, as defined in section 4 of the In- 9 dian Self-Determination and Education 10 Assistance Act (25 U.S.C. 5304); 11 (iii) a Native community development 12 financial institution certified by the Sec- 13 retary of the Treasury; 14 (iv) a community development finan- 15 cial institution (as defined in section 103 16 of the Community Development Banking 17 and Financial Institutions Act of 1994 (12 18 U.S.C. 4702)) certified by the Secretary of 19 the Treasury, acting through the Commu- 20 nity Development Financial Institutions 21 Fund; 22 (v) an organization described in para- 23 graph (2) or (3) of section 501(c) of the 24 Internal Revenue Code of 1986 and ex- 25 VerDate Sep 11 2014 03:15 Jul 08, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3955.IH H3955 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3955 IH empt from tax under section 501(a) of 1 such Code; 2 (vi) a foundation; 3 (vii) a cooperative entity; 4 (viii) an institution of higher edu- 5 cation (as defined in section 101 of the 6 Higher Education Act of 1965 (20 U.S.C. 7 1001)); and 8 (ix) any other appropriate partner, as 9 determined by the Secretary. 10 (B) EXCLUSION.—The term ‘‘eligible enti- 11 ty’’ does not include a corporation foreign-based 12 or foreign-owned. 13 (3) ELIGIBLE LAND.— 14 (A) IN GENERAL.—The term ‘‘eligible 15 land’’ means— 16 (i) agricultural land; 17 (ii) private land; 18 (iii) urban land; 19 (iv) public land, including Federal, 20 State, and municipally owned or managed 21 land; 22 (v) lands held in common that are 23 controlled and managed by groups of indi- 24 viduals; 25 VerDate Sep 11 2014 03:15 Jul 08, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3955.IH H3955 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 3955 IH (vi) lands held in trust; 1 (vii) multiple parcels of land described 2 in any of clauses (i) through (v) that are 3 noncontiguous; and 4 (viii) public or private shoreline or 5 intertidal zone areas, which may be wholly 6 or partially underwater. 7 (B) EXCLUSION.—The term ‘‘eligible land’’ 8 does not include parcels of land described in 9 subparagraph (A) that are fully forested. 10 (4) INTENDED BENEFICIARIES.—The term ‘‘in- 11 tended beneficiaries’’ means— 12 (A) historically underserved farmers, 13 ranchers, and forest owners; and 14 (B) farmers, ranchers, and forest owners 15 operating in high-poverty areas. 16 (5) PROGRAM.—The term ‘‘program’’ means 17 the Increasing Land, Capital, and Market Access 18 Program established under subsection (b). 19 (6) SECRETARY.—The term ‘‘Secretary’’ means 20 the Secretary of Agriculture. 21 (b) ESTABLISHMENT.—The Secretary shall establish 22 a competitive program to be known as the ‘‘Increasing 23 Land, Capital, and Market Access Program’’ within the 24 Farm Service Agency to make grants, enter into coopera- 25 VerDate Sep 11 2014 03:15 Jul 08, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3955.IH H3955 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 3955 IH tive agreements, or provide other capital support to eligi- 1 ble entities to carry out covered projects in accordance 2 with subsection (e). 3 (c) PURPOSE.—The purpose of the program is— 4 (1) to strengthen land, capital, and market ac- 5 cess for the intended beneficiaries, with the majority 6 of funds directly reaching the intended beneficiaries; 7 and 8 (2) support projects designed to— 9 (A) increase land access; 10 (B) prevent land loss; 11 (C) establish innovative ways to connect 12 available land to intended beneficiaries; 13 (D) transition farmland from existing 14 landowners to the next generation; 15 (E) restore lands into the hands of those 16 who have been underserved; 17 (F) support farm establishment and long- 18 term viability; and 19 (G) provide appropriate technical assist- 20 ance related to land, capital, or market access. 21 (d) SELECTION.— 22 (1) APPLICATION REQUIREMENTS.—To be eligi- 23 ble to receive a grant or other capital support or 24 enter into a cooperative agreement under this sec- 25 VerDate Sep 11 2014 03:15 Jul 08, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3955.IH H3955 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 3955 IH tion, an eligible entity shall submit to the Secretary 1 an application at such time, in such manner, and 2 containing such information as the Secretary may 3 require, including— 4 (A) information demonstrating that the 5 covered project the eligible entity seeks to carry 6 out is designed to— 7 (i) serve the intended beneficiaries; 8 (ii) meet the program purpose; 9 (B) a description of how project activities 10 will support overall farm viability; 11 (C) a description of how project activities 12 will support farmer behavioral and mental 13 health; 14 (D) a plan for notification and consultation 15 with local Tribal governments for future sale of 16 land, if applicable; 17 (E) an analysis of anticipated benefits to 18 the community and the agricultural economy 19 within the project area; and 20 (F) a plan for evaluation, data manage- 21 ment, communication, and reporting of project 22 findings and results. 23 (2) EVALUATION OF APPLICATIONS.— 24 VerDate Sep 11 2014 03:15 Jul 08, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3955.IH H3955 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 3955 IH (A) EVALUATION PROCESS.—The Sec- 1 retary shall develop a process for evaluating 2 proposals and distributing funds in collabora- 3 tion with a stakeholder committee, which the 4 Secretary shall establish and convene not later 5 than 6 months after the date of the enactment 6 of this Act. 7 (B) CONSIDERATION.—In developing the 8 process under subparagraph (A), the Secretary 9 shall consider perspectives from diverse stake- 10 holders, diverse geographic distribution, and di- 11 verse farming models, practices, and purposes. 12 (3) PRIORITY.—In carrying out this section, the 13 Secretary shall give priority to covered projects 14 that— 15 (A) provide direct financial assistance to 16 intended beneficiaries; 17 (B) involve a substantial and effective col- 18 laborative network or partnership of public or 19 private entities; 20 (C) increase access to municipal, State, 21 and federally owned or managed land; 22 (D) include a right of first refusal for 23 Tribal citizens or governments when land be- 24 comes available on or near Tribal communities; 25 VerDate Sep 11 2014 03:15 Jul 08, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3955.IH H3955 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 3955 IH (E) involve mechanisms, such as a deed re- 1 striction or conservation easement, that restrict 2 the resale value of eligible land to protect the 3 land for agricultural use; 4 (F) support the transition of agricultural 5 land from existing producers to the next gen- 6 eration; 7 (G) include assistance to non-English 8 speaking intended beneficiaries in their own 9 language; 10 (H) include activities under subsection (e) 11 designed to support farmworkers; and 12 (I) support best-practices, as determined 13 by the Secretary, for long-term adoption of con- 14 sistent, science-based, site-specific practices de- 15 signed to achieve conservation objectives. 16 (e) COVERED PROJECTS.— 17 (1) REQUIRED USE OF FUNDS.—An eligible en- 18 tity that carries out a covered project shall provide 19 direct assistance to intended beneficiaries in order to 20 facilitate access to land, capital, and markets, which 21 may include payments to— 22 (A) acquire real property (including air 23 rights, water rights, and other interests there- 24 in), including closing costs; 25 VerDate Sep 11 2014 03:15 Jul 08, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3955.IH H3955 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 3955 IH (B) subsidize interest rates and mortgage 1 principal amounts for intended beneficiaries; 2 (C) provide down payment assistance to 3 decrease farm mortgages; 4 (D) secure clear title on heirs’ property 5 farmland; 6 (E) conduct surveys and assessments of 7 agricultural land; 8 (F) improve or remediate land, water, and 9 soil; 10 (G) construct or repair infrastructure; 11 (H) support land use planning; 12 (I) acquire legal or financial planning as- 13 sistance; 14 (J) carry out Tribal consultation; 15 (K) support acquisition of a Department of 16 Agriculture farm number; and 17 (L) any other activities as determined by 18 the Secretary. 19 (2) PERMISSIBLE ACTIVITIES.—An eligible enti- 20 ty that receives a grant under this section may use 21 the grant funds— 22 (A) for activities associated with increasing 23 access to markets and capital; 24 VerDate Sep 11 2014 03:15 Jul 08, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3955.IH H3955 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 3955 IH (B) to provide direct assistance to intended 1 beneficiaries in assessing, purchasing, acquir- 2 ing, or retaining, eligible land; 3 (C) for activities designed to support farm 4 establishment and long-term viability; 5 (D) to establish a revolving loan fund or 6 other innovative financial mechanism designed 7 for the purpose of increasing land, capital, and 8 market access for intended beneficiaries beyond 9 the initial project timeline; and 10 (E) to provide technical assistance that 11 meets the specific needs of, and is accessible to, 12 the intended beneficiaries, and is related to in- 13 creasing land, capital, or market access includ- 14 ing— 15 (i) providing services to non-English 16 speaking producers in their own language; 17 (ii) developing and carrying out strat- 18 egies to identify unique needs and gaps in 19 access, knowledge, and services; and 20 (iii) specialized consultation, training, 21 coaching, capacity building, and mentoring 22 focused on— 23 (I) accessing and purchasing 24 farmland; 25 VerDate Sep 11 2014 03:15 Jul 08, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3955.IH H3955 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 3955 IH (II) understanding Department 1 of Agriculture programs; 2 (III) succession planning; 3 (IV) market planning and risk 4 analysis; 5 (V) cooperative development; 6 (VI) legal and tax issues; 7 (VII) developing business plans 8 and feasibility studies; 9 (VIII) financial planning and rec- 10 ordkeeping; 11 (IX) enterprise, business, and 12 labor management; and 13 (X) any other activities as deter- 14 mined by the Secretary. 15 (3) SUBCONTRACT.—An eligible entity may 16 subcontract with an organization to carry out an ac- 17 tivity under paragraph (1) or (2) if the services of 18 such subcontractor are necessary to carry out such 19 activity. 20 (4) FUNDING MECHANISM.— 21 (A) ELIGIBLE ENTITIES.—The Secretary 22 shall make funding available under this section 23 to eligible entities through— 24 (i) grants; 25 VerDate Sep 11 2014 03:15 Jul 08, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3955.IH H3955 kjohnson on DSK79L0C42PROD with BILLS 12 •HR 3955 IH (ii) cooperative agreements; 1 (iii) loan capital to finance activities 2 under subsection (e)(2)(D); or 3 (iv) other means, as determined by 4 the Secretary. 5 (B) INTENDED BENEFICIARIES.—In car- 6 rying out covered projects, eligible entities shall 7 provide direct assistance to intended bene- 8 ficiaries through— 9 (i) grants; 10 (ii) loans (both long-term and in- 11 terim); or 12 (iii) other direct payments or assist- 13 ance, as determined by the Secretary. 14 (5) REPAYMENT OF GRANT FUNDS IN CASE OF 15 NONCOMPLIANCE.—An eligible entity that receives 16 funding pursuant to this Act that violates the terms 17 or conditions of such funding shall reimburse the 18 Secretary of Agriculture for such funds. 19 (f) FUNDING.— 20 (1) AUTHORIZATION OF APPROPRIATIONS.— 21 There is authorized to be appropriated to carry out 22 this section $100,000,000 for each fiscal years 2024 23 through 2028. 24 VerDate Sep 11 2014 03:15 Jul 08, 2023 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H3955.IH H3955 kjohnson on DSK79L0C42PROD with BILLS 13 •HR 3955 IH (2) ADMINISTRATION.—Of the amounts made 1 available and authorized by this section, the Sec- 2 retary shall allocate necessary funding for implemen- 3 tation of this section and administration of the 4 Land, Capital, and Market Access Program. 5 (3) DISTRIBUTION OF FUNDS.— 6 (A) LIMITATION.—Project funds shall be 7 allocated for eligible activities by eligible entities 8 within 5 years of dispersal unless otherwise in- 9 dicated by the Secretary. 10 (B) EXCLUSION.—Funds distributed under 11 the program shall not be subject to section 12 200.311 of title 2, Code of Federal Regulations, 13 in cases where eligible entities use such funds 14 to increase secure land access opportunities for 15 the intended beneficiaries after the 5-year pe- 16 riod described in subparagraph (B). 17 (C) MAXIMUM AWARD.—The maximum 18 award for any eligible entity per fiscal year 19 shall be not more than 15 percent of funds 20 made available for such fiscal year. 21 Æ VerDate Sep 11 2014 03:15 Jul 08, 2023 Jkt 039200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6301 E:\BILLS\H3955.IH H3955 kjohnson on DSK79L0C42PROD with BILLS