[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 822 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 822
To amend the Internal Revenue Code of 1986 to modify the treatment of
bonds issued to acquire renewable resources on land subject to
conservation easement.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 3, 2001
Mrs. Murray (for herself, Mr. Smith of Oregon, Mr. Craig, Mr. Daschle,
and Mr. Leahy) introduced the following bill; which was read twice and
referred to the Committee on Finance
_______________________________________________________________________
A BILL
To amend the Internal Revenue Code of 1986 to modify the treatment of
bonds issued to acquire renewable resources on land subject to
conservation easement.
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 ``Community Forestry and Agriculture
Conservation Act of 2001''.
SEC. 2. TREATMENT OF BONDS ISSUED TO ACQUIRE RENEWABLE RESOURCES ON
LAND SUBJECT TO CONSERVATION EASEMENT.
(a) In General.--Section 145 of the Internal Revenue Code of 1986
(defining qualified 501(c)(3) bond) is amended by redesignating
subsection (e) as subsection (f) and by inserting after subsection (d)
the following new subsection:
``(e) Bonds Issued To Acquire Renewable Resources on Land Subject
to Conservation Easement.--
``(1) In general.--If--
``(A) the proceeds of any bond are used to acquire
land (or a long-term lease thereof) from a willing
seller together with any renewable resource associated
with the land (including standing timber, agricultural
crops, or water rights) from an unaffiliated person,
``(B) the land is subject to a conservation
restriction--
``(i) which is granted in perpetuity to an
unaffiliated person that is--
``(I) a 501(c)(3) organization, or
``(II) a Federal, State, or local
government conservation organization,
``(ii) which meets the requirements of
clauses (ii) and (iii)(II) of section
170(h)(4)(A),
``(iii) which exceeds the requirements of
relevant environmental and land use statutes
and regulations, and
``(iv) which obligates the owner of the
land to pay the costs incurred by the holder of
the conservation restriction in monitoring
compliance with such restriction,
``(C) a management plan which meets the
requirements of the statutes and regulations referred
to in subparagraph (B)(iii) is developed for the
conservation of the renewable resources, and
``(D) such bond would be a qualified 501(c)(3) bond
(after the application of paragraph (2)) but for the
failure to use revenues derived by the 501(c)(3)
organization from the sale, lease, or other use of such
resource as otherwise required by this part,
such bond shall not fail to be a qualified 501(c)(3) bond by
reason of the failure to so use such revenues if the revenues
which are not used as otherwise required by this part are used
in a manner consistent with the stated charitable purposes of
the 501(c)(3) organization.
``(2) Treatment of timber, etc.--
``(A) In general.--For purposes of subsection (a),
the cost of any renewable resource acquired with
proceeds of any bond described in paragraph (1) shall
be treated as a cost of acquiring the land associated
with the renewable resource and such land shall not be
treated as used for a private business use because of
the sale or leasing of the renewable resource to, or
other use of the renewable resource by, an unaffiliated
person to the extent that such sale, leasing, or other
use does not constitute an unrelated trade or business,
determined by applying section 513(a).
``(B) Application of bond maturity limitation.--For
purposes of section 147(b), the cost of any land or
renewable resource acquired with proceeds of any bond
described in paragraph (1) shall have an economic life
commensurate with the economic and ecological
feasibility of the financing of such land or renewable
resource.
``(C) Unaffiliated person.--For purposes of this
subsection, the term `unaffiliated person' means any
person who controls not more than 20 percent of the
governing body of another person.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to obligations issued after the date of the enactment of this
Act.
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