I 111th CONGRESS 2d Session H. R. 4971 IN THE HOUSE OF REPRESENTATIVES March 25, 2010 Ms. Kaptur (for herself, Ms. Kilpatrick of Michigan, Ms. Fudge, Mr. Jackson of Illinois, Ms. Moore of Wisconsin, Ms. Velázquez, Ms. Lee of California, Mr. Cummings, Mr. Neal of Massachusetts, Ms. Roybal-Allard, Mr. Clay, Mr. Rush, Mr. Davis of Illinois, Mr. Ryan of Ohio, Mr. McGovern, Mr. Kucinich, Mr. Kildee, Mr. Hare, Ms. Sutton, Mr. Tonko, Mr. Kanjorski, Mr. Patrick J. Murphy of Pennsylvania, Mr. Sherman, and Mrs. Dahlkemper) introduced the following bill; which was referred to the Committee on Agriculture, and in addition to the Committee on Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To increase the emphasis on urban agricultural issues in the Department of Agriculture through the establishment of a new office to ensure that Department authorities are used to effectively encourage local agricultural production and increase the availability of fresh food in urban areas, particularly underserved communities experiencing hunger, poor nutrition, obesity, and food insecurity, and for other purposes.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Greening Food Deserts Act. (b)

Table of contents

The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings and sense of Congress. Sec. 3. Office of Urban Agriculture. Sec. 4. Natural Resource Conservation Service technical assistance in support of backyard conservation and community gardening programs. Sec. 5. Urban forest invasive species control program. Sec. 6. Extension and additional funding for seniors farmers’ market nutrition program. Sec. 7. Infrastructure funding for farmers’ markets. Sec. 8. Evaluation of state of farmers’ markets in census of agriculture. Sec. 9. Renaming of Rural Energy for America Program to reflect purpose of the program. Sec. 10. Urban agriculture outreach program. Sec. 11. Promotion of agricultural education programs in schools by authorizing higher reimbursement rates under school lunch, school breakfast, and summer food service programs. Sec. 12. Supplemental Nutrition Assistance Program pilot program of local sustainability grants.

2.

Findings and intent of Congress

(a)

Findings

Congress finds the following: (1)Dramatic economic, demographic, and land use changes in the United States have created areas where no supermarkets exist and where limited food choice, poor food quality, and lack of affordable food prices impact large segments of the country’s population. (2)Demographic changes have opened vast pockets of arable land for agriculture in America’s urban centers. (3)Diversifying United States food production from a globally consolidated and industrial food chain to one which includes local production represents an important opportunity to strengthen United States agriculture. (4)With poverty rising due to chronic unemployment and with food becoming a more significant component of family budgets, local production becomes an important option for families facing food insecurity. (5)It is estimated that 18.5 percent of American households have withheld food purchases due to economic circumstances, and many of these households reside in ethnically and racially diverse communities. (6)Food insecurity, epidemic levels of obesity, hypertension, diabetes and youth osteoporosis are caused by improper nutrition in food deserts without nutritious, reliable, and locally available healthy food options. (7)Advances in agricultural technologies makes production possible in regions previously cordoned off from such opportunity. (8)With studies suggesting that much of the American west is becoming permanently more arid and 40 percent of all fresh water resources in the United States are used for irrigation, the need for more efficient food production and agriculture closer to point of consumption is critical. (9)Concentration in agricultural production and outsourcing have exacerbated the food insecurity of many communities. (10)In 2001, at least 2,300,000 Americans lived in homes in urban areas located more than a mile from the nearest supermarket. (11)Because many of these Americans are without access to a motor vehicle with which to reach supermarkets located more than a mile away from their homes, and there is no accessible local farm production, vast segments of urban areas are now described as food deserts. (12)The majority of youth in the United States are growing up in environments with little knowledge of natural food production and nutrition and lack basic survival skills. (13)Two million, two hundred four thousand, seven hundred ninety-two farms were in operation in 2007, including 300,000 new farms that began operations with smaller less consolidated operations and lower sales than the average of all farms nationwide. (14)These new farms, on average, consisted of 201 acres of land and generated an average of $71,000 in income, which was nearly half the average size and income levels for the average American farm. (15)Rising fuel costs make transporting food long distances significantly more expensive, but create opportunities for the economical production of food closer to point of consumption. (16)From 1997 to 2009, the value of imported food products to the United States increased over 100 percent from $43,000,000,000 to $86,700,000,000, which has led to a growing reliance on foreign-produced food, particularly during cold seasons, as diminished options exist for locally produced fresh and affordable choices. (17)Expanding production and access to locally produced food strengthens the vital link between healthy populations, sustainable living, and the natural world. (18)Diabetes and obesity alone cost the American people approximately $130,000,000,000 annually in medical expenses and lost productivity. (19)Expanding access to food for vulnerable populations involves regional food production in communities where the link between daily life and the natural world has been all but eliminated. (20)Many of the tools exist to break the cycle of food insecurity and empower communities: For example, by the end of World War II, over 20,000,000 home gardens were supplying 40 percent of domestically consumed produce. (21)Between 1994 and 2008, the number of farmers’ markets nationwide grew 167 percent and between fiscal years 2005 and 2006, the number of farmers’ markets with electronic benefit transfer devices grew from 436 to 532. (22)Promoting the many different forms of agriculture, both consolidated, industrial agriculture and small scale, decentralized agriculture, is beneficial to serving many different needs in a diverse society. (23)In 2007, 247,772 farms harvested 39,259,592 acres of specialty crops and produced $67,417,397,000 worth of food products, which, if expanded to include production in food deserts across the country, has the potential to provide investment and improved nutrition to communities and reinvent urban landscapes that lack sufficient access to food. (24)In the Food, Conservation, and Energy Act of 2008 (Public Law 110–246), Congress provided the Department of Agriculture with sufficient flexibility in implementing certain programs to promote locally based agricultural enterprises, including a 5 percent set-aside for business and industry loan program for underserved communities, significant increases for the Senior Farmers’ Market Nutrition Program that links local producers and consumers, an expanded authorization for the Farm to School Program, and new legal requirements allowing flexibility in local purchase by some nutrition programs. (b)

Intent of Congress

It is the intent of Congress— (1)to augment existing authorities to engage agricultural production, combat food insecurity, and counteract the substitution of imported products as they displace greater shares domestically produced products; (2)to pursue better coordination to empower communities to eliminate food deserts, purchase and produce food locally, create sustainable food systems, and connect better the existing programs that can and should be used to alleviate pockets of hunger and severe food insecurity; (3)to work with the various State agencies responsible for administering the Federal nutrition programs on methods and strategies for using Federal food dollars to create local and micro-enterprise development in areas where these nutrition programs are used; and (4)to develop a unified strategy to use the Federal nutrition programs as a tool for economic development in food insecure regions, even in regions that have not traditionally been centers for food production where human need is evident.

3.

Office of Urban Agriculture

(a)

Establishment

The Department of Agriculture Reorganization Act of 1994 is amended by inserting after section 220 (7 U.S.C. 6920) the following new section:

221.

Office of Urban Agriculture

(a)

Establishment

The Secretary shall establish within the executive operations of the Department an office to be known as the Office of Urban Agriculture. (b)

Purpose and responsibilities of office

(1)

Purpose

The Office of Urban Agriculture is established for the purpose of coordinating activities throughout the Department of Agriculture related to urban agriculture and nutrition. (2)

Specific responsibilities

The Office of Urban Agriculture shall be responsible for coordinating Department activities and conducting oversight in the following mission areas: (A)Ensuring that Department authorities are used to effectively encourage agricultural production in underserved communities to combat hunger, poor nutrition, obesity, and food insecurity. (B)Ensuring that Department authorities are used to empower communities, especially communities with a large percentage of low-income residents, to eliminate shortages of affordable, fresh food products, increase the local production and sale of food, and create sustainable food systems. (C)Developing a unified strategy to link the agricultural production and nutrition programs administered by the Department as a tool for economic development in underserved communities in a manner that addresses local conditions and engages local residents through agricultural economic development. (D)Ensuring that nutrition programs administered by State agencies maximize the impact of Federal funds in creating local agricultural microenterprises. (E)Conducting systematic and regular reviews of Department authorities and making policy recommendations to Congress and the Secretary on new authorities or regulation changes to assist underserved communities to combat hunger, poor nutrition, obesity, and food insecurity. (F)Ensuring that the programs established by the Greening Food Deserts Act and by amendments made by that Act are implemented in a manner consistent with the goal of eliminating underserved communities. (c)

Underserved community defined

In this section, the term underserved community has the meaning given that term in section 25(a)(3) of the Food and Nutrition Act of 2008 (7 U.S.C. 2034(a)(3)).

. (b)

Conforming amendments

Section 296(b) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 7014(b)) is amended— (1)in paragraph (6)(C), by striking or at the end; (2)in paragraph (7), by striking the period at the end and inserting ; or; and (3)by inserting after paragraph (7) the following new paragraph: (8)the responsibility of the Secretary to establish in the Department the Office of Urban Agriculture in accordance with section 226B. . (c)

Sufficiency of resources for office

Not later than 60 days after the date of enactment of this Act, the Secretary of Agriculture shall submit to Congress a report describing the resources and staff necessary to permit the Office of Urban Agriculture established pursuant to section 221 of the Department of Agriculture Reorganization Act of 1994, as added by subsection (a), to carry out its responsibilities under such section.

4.

Natural Resource Conservation Service technical assistance in support of backyard conservation and community gardening programs

Section 1242 of the Food Security Act of 1985 (16 U.S.C. 3842) is amended by adding at the end the following new subsection: (j)

Technical assistance for backyard conservation and community gardening

(1)

Authority to provide assistance

The Secretary shall provide technical assistance in support of backyard conservation and community gardening programs involving small-scale subsistence and personal-use agriculture for the purpose of— (A)achieving expanded and improved production; and (B)implementing conservation methods related to small-scale and personal-use production. (2)

Use of botanical gardens

To provide technical assistance under this subsection, the Secretary shall seek to certify botanical gardens as third-party providers under subsection (e). (3)

Authorization of appropriations

There is authorized to be appropriated to the Secretary $20,000,000 each fiscal year to carry out this subsection. .

5.

Urban forest invasive species control program

(a)

Investment in invasive resistant species

Section 9(e) of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2105(e)) is amended by adding at the end the following new sentence: In carrying out this subsection, the Secretary shall give a priority to the production and procurement in urban areas of plant materials that are resistant to invasive species.. (b)

Challenge cost-Share grants for invasive species control, management, and recovery efforts

Section 9(f) of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2105(f)) is amended— (1)in paragraph (2), by inserting after 50 percent the following: (75 percent in the case of a project involving invasive species control, management, or recovery); and (2)by adding at the end the following new paragraph: (3)

Set-aside for invasive species control, management, and recovery efforts

Of the funds made available for a fiscal year for the challenge cost-share program, the Secretary shall reserve $10,000,000 for projects in urban areas involving invasive species control, management, or recovery efforts. .

6.

Extension and additional funding for seniors farmers’ market nutrition program

(a)

Extension and funding

Section 4402(a) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 3007(a)) is amended to read as follows: (a)

Establishment

The Secretary of Agriculture shall use funds available to the Commodity Credit Corporation to carry out and expand a seniors farmers’ market nutrition program in the following amounts: (1)For fiscal year 2011, not less than $25,000,000. (2)For fiscal year 2012, not less than $50,000,000. (3)For fiscal year 2013, not less than $75,000,000. (4)For each of fiscal years 2014 through 2017, not less than $100,000,000. . (b)

Purposes

Section 4402(b)(1) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 3007(b)(1)) is amended— (1)by striking unprepared and inserting minimally processed; and (2)by striking and herbs and inserting herbs, and other locally produced farm products, as the Secretary considers appropriate,. (c)

Administrative costs; unexpended funds

Section 4402 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 3007) is amended by adding at the end the following new subsections: (f)

Administrative costs

Not more than 10 percent of the funds made available for a fiscal year under subsection (a) may be used to pay administrative costs incurred in carrying out this section. (g)

Unexpended funds

To the extent the funds made available under subsection (a) for a fiscal year are not expended in that fiscal year, the Secretary may use such funds in a subsequent fiscal year for the same purpose. .

7.

Infrastructure funding for farmers’ markets

(a)

Loans, loan guarantees, and grants for farmers’ market expansion

In addition to assistance provided through the seniors farmers’ market nutrition program under section 4402 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 3007) to expand or aid in the expansion of domestic farmers’ markets, the Secretary of Agriculture shall make loans, provide loan guarantees, and make grants to public agencies and nonprofit organizations for— (1)the construction of new farmers’ markets; and (2)the improvement or rehabilitation of existing farmers’ markets. (b)

Eligibility

To be eligible to receive a loan, loan guarantee, or grant under subsection (a), a public agency or nonprofit organization involved in the construction, improvement, or rehabilitation of a farmers’ market shall— (1)demonstrate financial need, as determined by the Secretary; and (2)commit to reserving at least 50 percent of the floor area of the farmers’ market for the sale of products that are produced locally, as determined by the Secretary, by farmers, ranchers, or aquaculture, mariculture, or fisheries operators, or by associations of farmers, ranchers, or such operators. (c)

Cost Sharing

(1)

Grants

The amount of a grant under subsection (a) shall not exceed 25 percent of the cost of the activity to be supported by the grant. (2)

Maximum amount of combined grant and loan

The combined amount of a grant and loan made or guaranteed under subsection (a) shall not exceed 80 percent of the cost of the activity to be supported by the grant and loan. (d)

Interest Rate

(1)

In general

A loan made by the Secretary under subsection (a) shall bear interest at the rate equivalent to the rate of interest charged on Treasury securities of comparable maturity on the date the loan is approved. (2)

Duration

The interest rate for each loan will remain in effect for the term of the loan. (e)

Funding

Of the funds of the Commodity Credit Corporation, the Secretary shall make available to carry out this section $50,000,000 for each of fiscal years 2011 and 2012.

8.

Evaluation of state of farmers’ markets in census of agriculture

Section 2(a) of the Census of Agriculture Act of 1997 (7 U.S.C. 2204g(a)) is amended by adding at the end the following new paragraph: (3)

Inclusion of farmers’ markets

Effective beginning with the first census of agriculture conducted after the date of the enactment of the Greening Food Deserts Act, the Secretary shall include as part of each census of agriculture— (A)an evaluation of the state of farmers’ markets in the United States, including information regarding the size, location, operational capacity, and geographic dispersion of farmers’ markets and types of products sold (both in terms of product diversity and sales locations) through farmers’ markets; and (B)an analysis of the economic impact of farmers’ markets, including the success of Federal programs in promoting and supporting farmers’ markets. .

9.

Renaming of Rural Energy for America Program to reflect purpose of the program

Section 9007 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8107), as amended by section 9001 of the Food, Conservation, and Energy Act of 2008, is amended— (1)in the section heading, by striking Rural Energy and inserting Renewable Energy; and (2)in subsection (a), by striking Rural Energy for America Program and inserting Renewable Energy for America Program.

10.

Urban agriculture outreach program

(a)

Definitions

In this section: (1)

Eligible entity

The term eligible entity means a community organization, municipality, institution of higher education, or nonprofit organization. (2)

Food production

The term food production includes— (A)the implementation of small scale, organic, aquiculture, and such other urban production models as the Secretary of Agriculture considers appropriate; (B)the deployment of food infrastructure in an underserved community; (C)the conversion of vacant land into animal and plant food production areas; (D)the creation of infrastructure for community gardens; (E)education regarding small-scale subsistence and personal-use agriculture; and (F)other activities that promote agricultural enterprise and development in communities not traditionally associated with agricultural production. (3)

Microloan or grant

The term microloan or grant means a business loan or grant of not more than $25,000. (4)

Underserved community

The term underserved community has the meaning given that term in section 25(a)(3) of the Food and Nutrition Act of 2008 (7 U.S.C. 2034(a)(3)). (b)

Microloans and grants authorized

The Secretary of Agriculture may make a microloan or grant available to an eligible entity to support outreach activities for— (1)developing food production in communities not traditionally associated with agricultural production; and (2)supporting the local distribution of food products derived from the food production activities. (c)

Loan terms

A microloan made by the Secretary under this section shall— (1)be for a term not to exceed three years; and (2)bear an annual interest rate not to exceed Treasury bearing rates. (d)

Deferral of interest and principal

The Secretary may permit the deferral of payments on principal and interest due on a microloan made under this section for a two-year period beginning on the date the loan is made. (e)

Grant cost sharing requirements

(1)

Matching requirement

The Secretary shall require an eligible entity receiving a grant under this section to match not less than 10 percent of the total amount of the grant. (2)

Form of non-Federal share

The matching requirement may be satisfied through the provision of— (A)cash (including through fees, grants (including community development block grants), and gifts); or (B)in-kind contributions acceptable to the Secretary. (f)

Authorization of appropriations

There are authorized to be appropriated to the Secretary to carry out this section $20,000,000 for each fiscal year.

11.

Promotion of agricultural education programs in schools by authorizing higher reimbursement rates under school lunch, school breakfast, and summer food service programs

(a)

School lunch

Section 8 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1757) is amended by adding at the end the following new subsection: (h)The maximum per meal reimbursement rate otherwise applicable to a school shall be increased by 20 percent in the case of any meals consisting in whole or part of foods produced through agricultural education programs that use enrolled students to produce food and provide the food to in-house feeding programs. Agricultural education programs include after-school programs in gardening or agriculture production, agricultural internships teaching practical agricultural activities, and other school activities associated with food production, processing, and preparation. . (b)

School breakfast

Section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) is amended by adding at the end the following new subsection: (f)

Higher reimbursement rate for in-House food production

The maximum meal reimbursement rate otherwise applicable to a school shall be increased by 20 percent in the case of any breakfasts consisting in whole or part of foods produced through agricultural education programs that use enrolled students to produce food and provide the food to in-house feeding programs. Agricultural education programs include after-school programs in gardening or agriculture production, agricultural internships teaching practical agricultural activities, and other school activities associated with food production, processing, and preparation. . (c)

Summer food service program

Section 13(b)(1)(C) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1761(b)(1)(C)) is amended by adding at the end the following new sentence: If the service institution continues during the summer or school vacation an agricultural education program for which the service institution received a higher reimbursement rate under section 8(h) of this Act or section 4(f) of the Child Nutrition Act of 1966 (42 U.S.C. 1773(f)), the higher rate shall continue to apply to the service institution under this section..

12.

Supplemental Nutrition Assistance Program pilot program of local sustainability grants

The Food and Nutrition Act of 2008 is amended by inserting after section 25 (7 U.S.C. 2034) the following new section:

25A.

Pilot program of local sustainability grants

(a)

Grants authorized

From amounts made available to carry out this section, the Secretary shall make eight grants each fiscal year to regional food banks or consortiums of community feeding programs to carry out a demonstration project for the purpose of— (1)producing fresh fruits and vegetables at these facilities while teaching eligible households how to engage in small-scale food production residentially or at community gardens; (2)integrating processing and distribution of the produced fresh fruits and vegetables; and (3)providing an increased benefit under subsection (c) for eligible households procuring the produced fresh fruits and vegetables at these facilities. (b)

Grant limits

The total amount of funds provided as grants to a single recipient under this section for a fiscal year may not exceed $300,000. (c)

Increased benefits

Eligible households participating in the pilot program shall be eligible to receive 120 percent of the value of the supplemental nutrition assistance that would otherwise be provided to the household under this Act when purchasing food that was produced through the program. (d)

Grant cost sharing requirements

(1)

Matching requirement

As a condition of any grant made under this section, the Secretary shall require the grant recipient to match not less than five percent of the total amount of the grant. (2)

Form of non-Federal share

The matching requirement may be satisfied through the provision of— (A)cash (including through fees, grants (including community development block grants), and gifts); or (B)in-kind contributions acceptable to the Secretary. (e)

Authorization of appropriations

There are authorized to be appropriated to the Secretary to carry out this section $2,000,000 for each of fiscal years 2011 through 2015.

.