Urban Agriculture and Community Food Security Act
This bill addresses Department of Agriculture programs relating to urban agricultural production.
Specifically, the bill
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5173 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 5173
To provide for the enhancement of urban agriculture, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 3, 2021
Mr. Rush (for himself, Ms. Moore of Wisconsin, and Ms. Kaptur)
introduced the following bill; which was referred to the Committee on
Agriculture
_______________________________________________________________________
A BILL
To provide for the enhancement of urban agriculture, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Urban Agriculture
and Community Food Security Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--URBAN AGRICULTURE CONSERVATION EASEMENT PROGRAM
Sec. 101. Establishment and purposes.
Sec. 102. Definitions.
Sec. 103. Urban agricultural land easements.
TITLE II--OTHER URBAN AGRICULTURE PROGRAMS
Sec. 201. Urban agriculture microentrepreneur assistance program.
Sec. 202. Community Food Project Grant Program.
TITLE I--URBAN AGRICULTURE CONSERVATION EASEMENT PROGRAM
SEC. 101. ESTABLISHMENT AND PURPOSES.
(a) Establishment.--The Secretary shall establish an urban
agriculture conservation easement program for the conservation of
eligible land, improved community food security, and improved access to
cropland for beginning farmers or ranchers, socially disadvantaged
farmers or ranchers, and majority-controlled producer-based business
ventures through easements or other interests in land.
(b) Purposes.--The purposes of the program are to--
(1) protect the agricultural use and future viability, and
related conservation values, of eligible land by limiting
nonagricultural uses of that land;
(2) to improve or provide affordable long-term access to
land for agricultural and related uses in urban communities;
and
(3) to improve community food security.
SEC. 102. DEFINITIONS.
In this title:
(1) Beginning farmer or rancher.--The term ``beginning
farmer or rancher'' has the meaning given that term in section
343(a) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1991(a)).
(2) Eligible entity.--The term ``eligible entity'' means--
(A) a State or local governmental entity or an
Indian Tribe; or
(B) an organization that is--
(i) organized for, and at all times since
the formation of the organization has been
operated principally for, 1 or more of the
conservation purposes specified in clause (i),
(ii), (iii), or (iv) of section 170(h)(4)(A) of
the Internal Revenue Code of 1986;
(ii) an organization described in section
501(c)(3) of that Code that is exempt from
taxation under section 501(a) of that Code; or
(iii) described in--
(I) paragraph (1) or (2) of section
509(a) of that Code; or
(II) section 509(a)(3) of that Code
and is controlled by an organization
described in section 509(a)(2) of that
Code.
(3) Eligible land.--The term ``eligible land'' means--
(A) private land--
(i) that is subject to a pending offer for
purchase of an urban agricultural land easement
from an eligible entity;
(ii) that is potentially or currently
physically suitable for use as cropland and
other attendant agricultural activities;
(iii) the use of which for agricultural
activities does not pose a threat to the human
health of those working the land or the public,
due to levels of environmental contaminants on
the land or in the subsurface of the land; and
(iv)(I) that is currently vacant;
(II) that is in tax delinquency;
(III) that is a brownfield site, as defined
in section 101(39) of the Comprehensive
Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601(39));
(IV) that is currently being used for urban
agriculture purposes; or
(V) the protection of which will further a
State or local policy consistent with the
purposes of the program; or
(B) other private land that is incidental to land
described in subparagraph (A), if the Secretary
determines that it is necessary for the efficient
administration of an easement under the program.
(4) Majority-controlled producer-based business venture.--
The term ``majority-controlled producer-based business
venture'' has the meaning given that term in section 210A(a)(5)
of the Agricultural Marketing Act of 1946 (7 U.S.C.
1627c(a)(5)).
(5) Program.--The term ``program'' means the urban
agricultural conservation easement program established by this
subtitle.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Office of Urban Agriculture
and Innovative Production.
(7) Socially disadvantaged farmer or rancher.--The term
``socially disadvantaged farmer or rancher'' has the meaning
given that term in section 355(e) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 2003(e)).
(8) Urban agricultural land easement.--The term ``urban
agricultural land easement'' means an easement or other
interest in eligible land that--
(A) is conveyed for the purpose of protecting
natural resources and the agricultural nature of the
land in urban communities; and
(B) permits the landowner the right to continue
agricultural production and related uses subject to an
urban agricultural land easement plan, as approved by
the Secretary.
SEC. 103. URBAN AGRICULTURAL LAND EASEMENTS.
(a) Availability of Assistance.--The Secretary shall facilitate and
provide funding for--
(1) the purchase by eligible entities of urban agricultural
land easements in eligible land; and
(2) technical assistance to provide for the conservation of
natural resources pursuant to an urban agricultural land
easement plan.
(b) Cost-Share Assistance.--
(1) In general.--The Secretary shall protect the
agricultural use, including grazing, and related conservation
and food security values of eligible land through cost-share
assistance to eligible entities for purchasing urban
agricultural land easements.
(2) Scope of assistance available.--
(A) Federal share.--An agreement described in
paragraph (4) shall provide for a Federal share
determined by the Secretary of an amount not to exceed
75 percent of the fair market value of the urban
agricultural land easement, as determined by the
Secretary using--
(i) the Uniform Standards of Professional
Appraisal Practice;
(ii) an areawide market analysis or survey;
or
(iii) another industry-approved method.
(B) Non-federal share.--
(i) In general.--Under the agreement, the
eligible entity shall provide a share that is
at least 25 percent of the fair market value of
the urban agricultural land easement in
accordance with subparagraph (A).
(ii) Source of contribution.--An eligible
entity may include as part of its share under
clause (i) a charitable donation or qualified
conservation contribution (as defined by
section 170(h) of the Internal Revenue Code of
1986) from the private landowner if the
eligible entity contributes its own cash
resources in an amount that is at least 25
percent of the amount contributed by the
Secretary.
(C) Exception.--For purposes of subparagraph
(B)(ii), the Secretary may waive any portion of the
eligible entity cash contribution requirement for
projects of special significance, subject to an
increase in the private landowner donation that is
equal to the amount of the waiver, if the donation is
voluntary and the property is in active agricultural
production.
(3) Evaluation and ranking of applications.--
(A) Criteria.--The Secretary shall establish
evaluation and ranking criteria to maximize the benefit
of Federal investment under the program.
(B) Considerations.--In establishing the criteria,
the Secretary shall emphasize support for--
(i) improving community food security; and
(ii) facilitating improved access to
cropland for beginning and socially
disadvantaged producers and producer groups.
(C) Bidding down.--If the Secretary determines that
2 or more applications for cost-share assistance are
comparable in achieving the purpose of the program, the
Secretary shall not assign a higher priority to any of
those applications solely on the basis of lesser cost
to the program.
(4) Agreements with eligible entities.--
(A) In general.--The Secretary shall enter into
agreements with eligible entities to stipulate the
terms and conditions under which the eligible entity is
permitted to use cost-share assistance provided under
this section.
(B) Length of agreements.--An agreement shall be
for a term that is--
(i) in the case of an eligible entity
certified under the process described in
paragraph (5), a minimum of 5 years; and
(ii) for all other eligible entities, at
least 3, but not more than 5 years.
(C) Minimum terms and conditions.--An eligible
entity shall be authorized to use its own terms and
conditions for urban agricultural land easements so
long as the Secretary determines such terms and
conditions--
(i) are consistent with the purposes of the
program;
(ii) permit effective enforcement of the
purposes of such easements;
(iii) include a right of enforcement for
the Secretary, that may be used only if the
terms of the easement are not enforced by the
holder of the easement;
(iv) subject the land in which an interest
is purchased to an urban agricultural land
easement plan that describes the activities
which promote the long-term viability of the
land to meet the purposes for which the
easement was acquired; and
(v) do not limit the generation of profit
through agricultural activities on the land.
(D) Substitution of qualified projects.--An
agreement shall allow, upon mutual agreement of the
parties, substitution of qualified projects that are
identified at the time of the proposed substitution.
(E) Effect of violation.--If a violation occurs of
a term or condition of an agreement under this
subsection--
(i) the Secretary may terminate the
agreement; and
(ii) the Secretary may require the eligible
entity to refund all or part of any payments
received by the entity under the program, with
interest on the payments as determined
appropriate by the Secretary.
(5) Certification of eligible entities.--
(A) Certification process.--The Secretary shall
establish a process under which the Secretary may--
(i) directly certify eligible entities that
meet established criteria;
(ii) enter into long-term agreements with
certified eligible entities; and
(iii) accept proposals for cost-share
assistance for the purchase of urban
agricultural land easements throughout the
duration of such agreements.
(B) Certification criteria.--In order to be
certified, an eligible entity shall demonstrate to the
Secretary that the entity will maintain, at a minimum,
for the duration of the agreement--
(i) a plan for administering easements that
is consistent with the purpose of the program;
(ii) the capacity and resources to monitor
and enforce urban agricultural land easements;
and
(iii) policies and procedures to ensure--
(I) the long-term integrity of
urban agricultural land easements on
eligible land;
(II) timely completion of
acquisitions of such easements; and
(III) timely and complete
evaluation and reporting to the
Secretary on the use of funds provided
under the program.
(C) Review and revision.--
(i) Review.--The Secretary shall conduct a
review of eligible entities certified under
subparagraph (A) every three years to ensure
that such entities are meeting the criteria
established under subparagraph (B).
(ii) Revocation.--If the Secretary finds
that a certified eligible entity no longer
meets the criteria established under
subparagraph (B), the Secretary may--
(I) allow the certified eligible
entity a specified period of time, at a
minimum 180 days, in which to take such
actions as may be necessary to meet the
criteria; and
(II) revoke the certification of
the eligible entity, if, after the
specified period of time, the certified
eligible entity does not meet such
criteria.
(c) Method of Enrollment.--The Secretary shall enroll eligible land
under this section through the use of--
(1) permanent easements; or
(2) easements for the maximum duration allowed under
applicable State laws.
(d) Technical Assistance.--The Secretary may provide technical
assistance, if requested, to assist in--
(1) compliance with the terms and conditions of easements;
and
(2) implementation of an urban agricultural land easement
plan.
(e) Funding.--
(1) Mandatory funding.--Of the funds of the Commodity
Credit Corporation, the Secretary shall use to carry out this
title $20,000,000 for fiscal year 2022 and each fiscal year
thereafter.
(2) Authorization of appropriations.--There is authorized
to be appropriated to carry out this title $20,000,000 for
fiscal year 2022 and each fiscal year thereafter.
TITLE II--OTHER URBAN AGRICULTURE PROGRAMS
SEC. 201. URBAN AGRICULTURE MICROENTREPRENEUR ASSISTANCE PROGRAM.
(a) Definitions.--In this section:
(1) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(2) Microentrepreneur.--The term ``microentrepreneur''
means an owner and operator, or prospective owner and operator,
of an urban agriculture-related microenterprise who is unable
to obtain sufficient training, technical assistance, or credit
other than under this section, as determined by the Secretary.
(3) Microenterprise development organization.--The term
``microenterprise development organization'' means an
organization that--
(A) is--
(i) a nonprofit entity;
(ii) an Indian tribe, if the tribal
government of which certifies to the Secretary
that--
(I) no microenterprise development
organization serves the Indian tribe;
and
(II) there is no urban
microentrepreneur assistance program
under the jurisdiction of the Indian
tribe; or
(iii) a public institution of higher
education;
(B) provides training and technical assistance to
microentrepreneurs;
(C) facilitates access to capital or another
service described in subsection (b) for urban
microenterprises; and
(D) has a demonstrated record of delivering
services to microentrepreneurs, or an effective plan to
develop a program to deliver services to
microentrepreneurs, as determined by the Secretary.
(4) Microloan.--The term ``microloan'' means a business
loan of not more than $75,000 that is provided to a
microenterprise.
(5) Program.--The term ``program'' means the urban
agriculture microentrepreneur assistance program established
under subsection (b).
(6) Urban agriculture microenterprise.--The term ``urban
agriculture microenterprise'' means an entity that--
(A) is--
(i) a sole proprietorship located in a
urban area as defined by the Census Bureau; or
(ii) a business entity with not more than
10 full-time equivalent employees located in a
urban area; and
(B) is engaged in agriculture production and
attendant activities, such as harvesting, packing, and
minimal processing.
(b) Urban Agriculture Microentrepreneur Assistance Program.--
(1) Establishment.--The Secretary shall establish an urban
agriculture microentrepreneur assistance program to provide
loans and grants to support microentrepreneurs in the
development and ongoing success of urban agriculture
microenterprises.
(2) Purpose.--The purpose of the program shall be to
provide microentrepreneurs with--
(A) the skills necessary to establish new urban
agriculture microenterprises; and
(B) continuing technical and financial assistance
related to the successful operation of urban
agriculture microenterprises.
(3) Loans.--
(A) In general.--The Secretary shall make loans to
microenterprise development organizations for the
purpose of providing fixed interest rate microloans to
microentrepreneurs for startup and growing urban
agriculture microenterprises.
(B) Loan terms.--A loan made by the Secretary to a
microenterprise development organization under this
paragraph shall--
(i) be for a term not to exceed 20 years;
and
(ii) bear interest at a rate of at least 1
percent per year.
(C) Loan loss reserve fund.--The Secretary shall
require each microenterprise development organization
that receives a loan under this paragraph to--
(i) establish a loan loss reserve fund; and
(ii) maintain the reserve fund in an amount
equal to at least 5 percent of the outstanding
balance of the loans owed by the organization,
until all obligations owed to the Secretary
under this paragraph are repaid.
(D) Deferral of interest and principal.--The
Secretary may permit the deferral of payments on
principal and interest due on a loan to a
microenterprise development organization made under
this paragraph for a 2-year period beginning on the
date the loan is made.
(4) Grants.--
(A) Grants to support urban agriculture
microenterprise development.--
(i) In general.--The Secretary shall make
grants to microenterprise development
organizations to--
(I) provide training, operational
support, business planning, and market
development assistance, and other
related services to urban agriculture
microentrepreneurs; and
(II) carry out such other projects
and activities as the Secretary
determines appropriate to further the
purposes of the program.
(ii) Selection.--In making grants under
clause (i), the Secretary shall--
(I) place an emphasis on
microenterprise development
organizations that serve
microentrepreneurs that are located in
areas of concentrated poverty with
limited access to fresh locally or
regionally grown foods, as determined
by the Secretary; and
(II) ensure, to the maximum extent
practicable, that grant recipients
include microenterprise development
organizations--
(aa) of varying sizes; and
(bb) that serve racially
and ethnically diverse
populations.
(B) Grants to assist microentrepreneurs.--
(i) In general.--The Secretary shall make
grants to microenterprise development
organizations to provide marketing, management,
and other technical assistance to
microentrepreneurs that received or are seeking
a loan from the organization under paragraph
(3).
(ii) Maximum amount of grant.--A
microenterprise development organization shall
be eligible to receive an annual grant under
this subparagraph in an amount equal to not
more than 25 percent of the total outstanding
balance of microloans made by the organization
under paragraph (3), as of the date the grant
is awarded.
(C) Administrative expenses.--Not more than 10
percent of a grant received by a microenterprise
development organization for a fiscal year under this
paragraph may be used to pay administrative expenses.
(c) Administration.--
(1) Cost share.--
(A) Federal share.--Subject to subparagraph (B),
the Federal share of the cost of a project funded under
this section shall not exceed 75 percent.
(B) Matching requirement.--As a condition of any
grant made under this subparagraph, the Secretary shall
require the microenterprise development organization to
match not less than 15 percent of the total amount of
the grant in the form of matching funds, indirect
costs, or in-kind goods or services.
(C) Form of non-federal share.--The non-Federal
share of the cost of a project funded under this
section may be provided--
(i) in cash, including through fees, grants
(including community development block grants
provided by the Department of Housing and Urban
Development), and gifts; or
(ii) in the form of in-kind contributions.
(2) Oversight.--At a minimum, not later than December 1 of
each fiscal year, a microenterprise development organization
that receives a loan or grant under this section shall be
required to ensure that assistance provided under this section
is used for the purposes for which the loan or grant was made.
(d) Funding.--
(1) Mandatory funding.--Of the funds of the Commodity
Credit Corporation, the Secretary shall use to carry out this
section $3,000,000 for fiscal year 2022 and each fiscal year
thereafter, which shall remain available until expended.
(2) Discretionary funding.--In addition to amounts made
available under paragraph (1), there are authorized to be
appropriated to carry out this section $10,000,000 for fiscal
year 2022 and each fiscal year thereafter.
SEC. 202. COMMUNITY FOOD PROJECT GRANT PROGRAM.
Section 25(b)(2) of the Food and Nutrition Act of 2008 (7 U.S.C.
2034(b)(2)) is amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) in subparagraph (D), by striking ``and each fiscal year
thereafter.'' and inserting ``; and''; and
(3) by adding at the end the following:
``(E) $15,000,000 for fiscal year 2022 and each
fiscal year thereafter.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Agriculture.
Referred to the Subcommittee on Conservation and Forestry.
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