Increasing Land Access, Security, and Opportunities Act
This bill provides statutory authority for and expands the Farm Service Agency's (FSA's) Increasing Land, Capital, and Market Access Program (the Increasing Land Access Program) for farmers, ranchers, and forest owners.
Specifically, the FSA must make competitive grants to, enter into cooperative agreements with, or provide other capital support to eligible entities (e.g., state or local governments, Indian tribes, nonprofit organizations, and institutions of higher education) to provide direct assistance to farmers, ranchers, and forest owners who are (1) historically underserved, or (2) operating in high-poverty areas. The bill specifically excludes from assistance any foreign-based or foreign-owned corporation.
The direct assistance may include payments to intended beneficiaries to acquire real property (including air rights and water rights), secure clear title on an heirs' property farmland, and improve or remediate land, water, and soil. Eligible entities may also use grants (1) to provide direct assistance to intended beneficiaries in assessing, purchasing, acquiring, or retaining eligible land; (2) for activities designed to support farm establishment and long-term viability; and (3) to provide technical assistance.
The FSA must establish a stakeholder committee and, in collaboration with the committee, develop a process for evaluating proposals and distributing funds to eligible entities. In developing this process, the FSA must consider perspectives from diverse stakeholders, diverse geographic distribution, and diverse farming models, practices, and purposes.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3955 Introduced in House (IH)]
<DOC>
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 Access Program
within the Farm Service Agency Office of Outreach and Education.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Increasing Land Access, Security,
and Opportunities Act''.
SEC. 2. INCREASING LAND, CAPITAL, AND MARKET ACCESS PROGRAM.
(a) Definitions.--In this section:
(1) Covered project.--The term ``covered project'' means a
project described in subsection (e).
(2) Eligible entity.--
(A) In general.--The term ``eligible entity''
means--
(i) a State, local, or territorial
government;
(ii) Indian Tribes and Tribal
organizations, as defined in section 4 of the
Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304);
(iii) a Native community development
financial institution certified by the
Secretary of the Treasury;
(iv) a community development financial
institution (as defined in section 103 of the
Community Development Banking and Financial
Institutions Act of 1994 (12 U.S.C. 4702))
certified by the Secretary of the Treasury,
acting through the Community Development
Financial Institutions Fund;
(v) an organization described in paragraph
(2) or (3) of section 501(c) of the Internal
Revenue Code of 1986 and exempt from tax under
section 501(a) of such Code;
(vi) a foundation;
(vii) a cooperative entity;
(viii) an institution of higher education
(as defined in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001)); and
(ix) any other appropriate partner, as
determined by the Secretary.
(B) Exclusion.--The term ``eligible entity'' does
not include a corporation foreign-based or foreign-
owned.
(3) Eligible land.--
(A) In general.--The term ``eligible land'' means--
(i) agricultural land;
(ii) private land;
(iii) urban land;
(iv) public land, including Federal, State,
and municipally owned or managed land;
(v) lands held in common that are
controlled and managed by groups of
individuals;
(vi) lands held in trust;
(vii) multiple parcels of land described in
any of clauses (i) through (v) that are
noncontiguous; and
(viii) public or private shoreline or
intertidal zone areas, which may be wholly or
partially underwater.
(B) Exclusion.--The term ``eligible land'' does not
include parcels of land described in subparagraph (A)
that are fully forested.
(4) Intended beneficiaries.--The term ``intended
beneficiaries'' means--
(A) historically underserved farmers, ranchers, and
forest owners; and
(B) farmers, ranchers, and forest owners operating
in high-poverty areas.
(5) Program.--The term ``program'' means the Increasing
Land, Capital, and Market Access Program established under
subsection (b).
(6) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(b) Establishment.--The Secretary shall establish a competitive
program to be known as the ``Increasing Land, Capital, and Market
Access Program'' within the Farm Service Agency to make grants, enter
into cooperative agreements, or provide other capital support to
eligible entities to carry out covered projects in accordance with
subsection (e).
(c) Purpose.--The purpose of the program is--
(1) to strengthen land, capital, and market access for the
intended beneficiaries, with the majority of funds directly
reaching the intended beneficiaries; and
(2) support projects designed to--
(A) increase land access;
(B) prevent land loss;
(C) establish innovative ways to connect available
land to intended beneficiaries;
(D) transition farmland from existing landowners to
the next generation;
(E) restore lands into the hands of those who have
been underserved;
(F) support farm establishment and long-term
viability; and
(G) provide appropriate technical assistance
related to land, capital, or market access.
(d) Selection.--
(1) Application requirements.--To be eligible to receive a
grant or other capital support or enter into a cooperative
agreement under this section, an eligible entity shall submit
to the Secretary an application at such time, in such manner,
and containing such information as the Secretary may require,
including--
(A) information demonstrating that the covered
project the eligible entity seeks to carry out is
designed to--
(i) serve the intended beneficiaries;
(ii) meet the program purpose;
(B) a description of how project activities will
support overall farm viability;
(C) a description of how project activities will
support farmer behavioral and mental health;
(D) a plan for notification and consultation with
local Tribal governments for future sale of land, if
applicable;
(E) an analysis of anticipated benefits to the
community and the agricultural economy within the
project area; and
(F) a plan for evaluation, data management,
communication, and reporting of project findings and
results.
(2) Evaluation of applications.--
(A) Evaluation process.--The Secretary shall
develop a process for evaluating proposals and
distributing funds in collaboration with a stakeholder
committee, which the Secretary shall establish and
convene not later than 6 months after the date of the
enactment of this Act.
(B) Consideration.--In developing the process under
subparagraph (A), the Secretary shall consider
perspectives from diverse stakeholders, diverse
geographic distribution, and diverse farming models,
practices, and purposes.
(3) Priority.--In carrying out this section, the Secretary
shall give priority to covered projects that--
(A) provide direct financial assistance to intended
beneficiaries;
(B) involve a substantial and effective
collaborative network or partnership of public or
private entities;
(C) increase access to municipal, State, and
federally owned or managed land;
(D) include a right of first refusal for Tribal
citizens or governments when land becomes available on
or near Tribal communities;
(E) involve mechanisms, such as a deed restriction
or conservation easement, that restrict the resale
value of eligible land to protect the land for
agricultural use;
(F) support the transition of agricultural land
from existing producers to the next generation;
(G) include assistance to non-English speaking
intended beneficiaries in their own language;
(H) include activities under subsection (e)
designed to support farmworkers; and
(I) support best-practices, as determined by the
Secretary, for long-term adoption of consistent,
science-based, site-specific practices designed to
achieve conservation objectives.
(e) Covered Projects.--
(1) Required use of funds.--An eligible entity that carries
out a covered project shall provide direct assistance to
intended beneficiaries in order to facilitate access to land,
capital, and markets, which may include payments to--
(A) acquire real property (including air rights,
water rights, and other interests therein), including
closing costs;
(B) subsidize interest rates and mortgage principal
amounts for intended beneficiaries;
(C) provide down payment assistance to decrease
farm mortgages;
(D) secure clear title on heirs' property farmland;
(E) conduct surveys and assessments of agricultural
land;
(F) improve or remediate land, water, and soil;
(G) construct or repair infrastructure;
(H) support land use planning;
(I) acquire legal or financial planning assistance;
(J) carry out Tribal consultation;
(K) support acquisition of a Department of
Agriculture farm number; and
(L) any other activities as determined by the
Secretary.
(2) Permissible activities.--An eligible entity that
receives a grant under this section may use the grant funds--
(A) for activities associated with increasing
access to markets and capital;
(B) to provide direct assistance to intended
beneficiaries in assessing, purchasing, acquiring, or
retaining, eligible land;
(C) for activities designed to support farm
establishment and long-term viability;
(D) to establish a revolving loan fund or other
innovative financial mechanism designed for the purpose
of increasing land, capital, and market access for
intended beneficiaries beyond the initial project
timeline; and
(E) to provide technical assistance that meets the
specific needs of, and is accessible to, the intended
beneficiaries, and is related to increasing land,
capital, or market access including--
(i) providing services to non-English
speaking producers in their own language;
(ii) developing and carrying out strategies
to identify unique needs and gaps in access,
knowledge, and services; and
(iii) specialized consultation, training,
coaching, capacity building, and mentoring
focused on--
(I) accessing and purchasing
farmland;
(II) understanding Department of
Agriculture programs;
(III) succession planning;
(IV) market planning and risk
analysis;
(V) cooperative development;
(VI) legal and tax issues;
(VII) developing business plans and
feasibility studies;
(VIII) financial planning and
recordkeeping;
(IX) enterprise, business, and
labor management; and
(X) any other activities as
determined by the Secretary.
(3) Subcontract.--An eligible entity may subcontract with
an organization to carry out an activity under paragraph (1) or
(2) if the services of such subcontractor are necessary to
carry out such activity.
(4) Funding mechanism.--
(A) Eligible entities.--The Secretary shall make
funding available under this section to eligible
entities through--
(i) grants;
(ii) cooperative agreements;
(iii) loan capital to finance activities
under subsection (e)(2)(D); or
(iv) other means, as determined by the
Secretary.
(B) Intended beneficiaries.--In carrying out
covered projects, eligible entities shall provide
direct assistance to intended beneficiaries through--
(i) grants;
(ii) loans (both long-term and interim); or
(iii) other direct payments or assistance,
as determined by the Secretary.
(5) Repayment of grant funds in case of noncompliance.--An
eligible entity that receives funding pursuant to this Act that
violates the terms or conditions of such funding shall
reimburse the Secretary of Agriculture for such funds.
(f) Funding.--
(1) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $100,000,000 for
each fiscal years 2024 through 2028.
(2) Administration.--Of the amounts made available and
authorized by this section, the Secretary shall allocate
necessary funding for implementation of this section and
administration of the Land, Capital, and Market Access Program.
(3) Distribution of funds.--
(A) Limitation.--Project funds shall be allocated
for eligible activities by eligible entities within 5
years of dispersal unless otherwise indicated by the
Secretary.
(B) Exclusion.--Funds distributed under the program
shall not be subject to section 200.311 of title 2,
Code of Federal Regulations, in cases where eligible
entities use such funds to increase secure land access
opportunities for the intended beneficiaries after the
5-year period described in subparagraph (B).
(C) Maximum award.--The maximum award for any
eligible entity per fiscal year shall be not more than
15 percent of funds made available for such fiscal
year.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Agriculture.
Referred to the Subcommittee on General Farm Commodities, Risk Management, and Credit.
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