118 HR 7923 IH: Securing Our Lands and Resources Act U.S. House of Representatives 2024-04-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
I118th CONGRESS2d SessionH. R. 7923IN THE HOUSE OF REPRESENTATIVESApril 10, 2024Mr. Bost (for himself, Mr. Finstad, Mr. Langworthy, and Mr. Austin Scott of Georgia) introduced the following bill; which was referred to the Committee on AgricultureA BILLTo limit USDA funding for ground-mounted solar energy systems, and for other purposes.
1.
Short title
This Act may be cited as the Securing Our Lands and Resources Act or the SOLAR Act.
2.
Limitation on USDA funding for ground-mounted solar energy systems
(a)
Definitions
In this section:(1)
Covered farmland
The term covered farmland has the meaning given in the term in section 1540(c)(1) of the Farmland Protection Policy Act (7 U.S.C. 4201(c)(1)).(2)
Conversion
The term conversion means, with respect to covered farmland, any activity that results in the covered farmland failing to meet the requirements of a State (as defined in section 343 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1991)) for agricultural production, activity, or use.(3)
Secretary
The term Secretary means the Secretary of Agriculture.(b)
In general
The Secretary may not provide financial assistance for a project that would result in the conversion of covered farmland for solar energy production.(c)
Exception
Subsection (b) shall not apply to a project if the project—(1)results in the conversion of less than the greater of—(A)a de minimis amount of covered farmland for solar energy production relative to the total project area necessary for the success of the project, as determined by the Secretary, not to exceed 5 acres; or(B)1 acre of covered farmland; and(2)has received a resolution of approval or support, or other similar instrument from each county and municipality in which the project is sited.(d)
Covered farmland protection
(1)
Mitigation and remediation plan required
A person who has applied to the Secretary for financial assistance for a project that would result in the conversion of covered farmland for solar energy production and to which subsection (b) does not apply shall—(A)develop a mitigation and remediation plan for the project to—(i)implement best practices to protect future soil health and productivity, and mitigate soil erosion, compaction, and other effects of solar energy production during construction, operation, and decommissioning; and(ii)remediate and restore the soil health of the farmland to that of the farmland before the solar energy production project construction; and(B)ensure that sufficient funds, as determined by the Secretary, are provided for the decommissioning of the solar energy production system and the remediation and restoration of covered farmland to carry out the mitigation and remediation plan described in subparagraph (A).(2)
Obligation and disbursement of funds
The Secretary may obligate financial assistance for a project described in paragraph (1), but shall not disburse the financial assistance until the Secretary has determined that the applicant for the financial assistance has complied with paragraph (1).(3)
Plan implementation
A person referred to in paragraph (1) shall carry out—(A)the provisions of the plan that are described in paragraph (1)(A)(i), on the receipt by the project of financial assistance from the Secretary and for the duration of solar energy production under the project; and(B)the provisions of the plan that are described in paragraph (1)(A)(ii), on the cessation of solar energy production under the project.(4)
Compliance
A person who fails to comply with paragraph (3) with respect to a project shall repay to the Secretary the full amount of the financial assistance provided by the Secretary to the person for the project.