[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6336 Introduced in House (IH)]
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115th CONGRESS
2d Session
H. R. 6336
To require the Secretary of Agriculture to grant farm numbers to
individuals with certain documentation, to amend the Consolidated Farm
and Rural Development Act to include qualified intermediaries as
recipients of farm ownership loans, to provide for a study of farmland
tenure, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 11, 2018
Ms. Fudge (for herself and Mr. Bishop of Georgia) introduced the
following bill; which was referred to the Committee on Agriculture
_______________________________________________________________________
A BILL
To require the Secretary of Agriculture to grant farm numbers to
individuals with certain documentation, to amend the Consolidated Farm
and Rural Development Act to include qualified intermediaries as
recipients of farm ownership loans, to provide for a study of farmland
tenure, 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.
This Act may be cited as the ``Fair Access for Farmers and Ranchers
Act of 2018''.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means the Secretary of
Agriculture.
SEC. 3. ELIGIBILITY FOR OPERATORS ON HEIRS PROPERTY LAND TO OBTAIN A
FARM NUMBER.
(a) Definitions.--In this section:
(1) Eligible documentation.--The term ``eligible
documentation'', with respect to land for which a farm operator
seeks assignment of a farm number under subsection (b)(1),
includes--
(A) in States that have adopted a statute
consisting of an enactment or adoption of the Uniform
Partition of Heirs Property Act, as approved and
recommended for enactment in all States by the National
Conference of Commissioners on Uniform State Laws in
2010--
(i) a court order verifying the land meets
the definition of heirs property (as defined in
that Act); or
(ii) a certification from the local
recorder of deeds that the recorded owner of
the land is deceased and not less than 1 heir
of the recorded owner of the land has initiated
a procedure to retitle the land in the name of
the rightful heir;
(B) a fully executed, unrecorded tenancy-in-common
agreement that sets out ownership rights and
responsibilities among all of the owners of the land
that--
(i) has been approved by a majority of the
ownership interests in that property;
(ii) has given a particular owner the right
to manage and control any portion or all of the
land for purposes of operating a farm or ranch;
and
(iii) was validly entered into under the
authority of the jurisdiction in which the land
is located;
(C) the tax return of a farm operator farming a
property with undivided interests for each of the 5
years preceding the date on which the farm operator
submits the tax returns as eligible documentation under
subsection (b);
(D) self-certification that the farm operator has
control of the land for purposes of operating a farm or
ranch; and
(E) any other documentation identified by the
Secretary under subsection (c).
(2) Farm number.--The term ``farm number'' has the meaning
given the term in section 718.2 of title 7, Code of Federal
Regulations (as in effect on the date of enactment of this
Act).
(b) Farm Number.--
(1) In general.--The Secretary shall provide for the
assignment of a farm number to any farm operator who provides
any form of eligible documentation for purposes of
demonstrating that the farm operator has control of the land
for purposes of defining that land as a farm.
(2) Eligibility.--Any farm number provided under paragraph
(1) shall be sufficient to satisfy any requirement of the
Secretary to have a farm number to participate in a program of
the Secretary.
(c) Eligible Documentation.--The Secretary shall identify
alternative forms of eligible documentation that a farm operator may
provide in seeking the assignment of a farm number under subsection
(b)(1).
SEC. 4. LOANS TO PURCHASERS OF LAND WITH UNDIVIDED INTEREST AND NO
ADMINISTRATIVE AUTHORITY.
(a) Reauthorization of Beginning Farmer and Rancher Individual
Development Accounts Pilot Program.--Section 333B(h) of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1983b(h)) is
amended by striking ``2018'' and inserting ``2024''.
(b) Pilot Program.--Subtitle D of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1981 et seq.) is amended by inserting after
section 333D the following:
``SEC. 333E. FARMER LOAN PILOT PROJECTS.
``(a) In General.--The Secretary may conduct pilot projects of
limited scope and duration that are consistent with subtitles A, B, C,
and this subtitle to evaluate processes and techniques that may improve
the efficiency and effectiveness of the programs carried out under
subtitle A, B, C, and this subtitle.
``(b) Notification.--The Secretary shall--
``(1) not less than 60 days before the date on which the
Secretary initiates a pilot project under subsection (a),
submit notice of the proposed pilot project to the Committee on
Agriculture of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the Senate; and
``(2) consider any recommendations or feedback provided to
the Secretary in response to the notice provided under
paragraph (1).''.
(c) Relending Program.--Subtitle A of title III of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1922 et seq.) is amended by
adding at the end the following:
``SEC. 310I. RELENDING PROGRAM TO RESOLVE OWNERSHIP AND SUCCESSION ON
FARMLAND.
``(a) In General.--The Secretary may make or guarantee loans to
eligible entities described in subsection (b) using amounts made
available for farm ownership loans under this subtitle so that the
eligible entities may relend the funds to individuals and entities for
the purposes described in subsection (c).
``(b) Eligible Entities.--Entities eligible for loans and loan
guarantees described in subsection (a) are cooperatives, credit unions,
and nonprofit organizations with--
``(1) certification under section 1805.201 of title 12,
Code of Federal Regulations (or successor regulations) to
operate as a lender;
``(2) experience assisting socially disadvantaged farmers
and ranchers (as defined in section 2501(e) of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
2279(e))) or limited resource or new and beginning farmers and
ranchers, rural businesses, cooperatives, or credit unions,
including experience in making and servicing agricultural and
commercial loans; and
``(3) the ability to provide adequate assurance of the
repayment of a loan.
``(c) Eligible Purposes.--The proceeds from loans made or
guaranteed by the Secretary pursuant to subsection (a) shall be relent
by eligible entities for projects that assist heirs with undivided
ownership interests to resolve ownership and succession on farmland
that has multiple owners.
``(d) Preference.--In making loans under subsection (a), the
Secretary shall give preference to eligible entities--
``(1) with not less than 10 years of experience serving
socially disadvantaged farmers and ranchers; and
``(2) in States that have adopted a statute consisting of
an enactment or adoption of the Uniform Partition of Heirs
Property Act, as approved and recommended for enactment in all
States by the National Conference of Commissioners on Uniform
State Laws in 2010, that relend to owners of heirs property (as
defined in that Act).
``(e) Loan Terms and Conditions.--The following terms and
conditions shall apply to loans made or guaranteed under this section:
``(1) The interest rate at which intermediaries may borrow
funds under this section shall be equal to the rate at which
farm ownership loans under this subtitle are made.
``(2) The rates, terms, and payment structure for borrowers
to which intermediaries lend shall be--
``(A) determined by the intermediary in an amount
sufficient to cover the cost of operating and
sustaining the revolving loan fund; and
``(B) clearly and publicly disclosed to qualified
ultimate borrowers.
``(3) Borrowers to which intermediaries lend shall be--
``(A) required to complete a succession plan as a
condition of the loan; and
``(B) be offered the opportunity to borrow
sufficient funds to cover costs associated with the
succession plan under subparagraph (A) and other
associated legal and closing costs.
``(f) Report.--Not later than 1 year after the date of enactment of
this section, the Secretary shall submit to the Committee on
Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report describing
the operation and outcomes of the program under this section, with
recommendations on how to strengthen the program.
``(g) Funding.--The Secretary shall carry out this section using
funds otherwise made available to the Secretary.''.
SEC. 5. FARMLAND OWNERSHIP DATA COLLECTION.
(a) In General.--The Secretary shall collect and, not less
frequently than once every 5 years report, data and analysis on
farmland ownership, tenure, transition, and entry of beginning farmers
and ranchers (as defined in section 343(a) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1991(a))) and socially disadvantaged
farmers and ranchers (as defined in section 2501(e) of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(e))).
(b) Requirements.--In carrying out subsection (a), the Secretary
shall, at a minimum--
(1) collect and distribute comprehensive reporting of
trends in farmland ownership, tenure, transition, barriers to
entry, profitability, and viability of beginning farmers and
ranchers and socially disadvantaged farmers and ranchers;
(2) develop surveys and report statistical and economic
analysis on farmland ownership, tenure, transition, barriers to
entry, profitability, and viability of beginning farmers and
ranchers, including a regular follow-on survey to each Census
of Agriculture with results of the follow-on survey made public
not later than 3 years after the previous Census of
Agriculture; and
(3) require the National Agricultural Statistics Service--
(A) to include in the Tenure, Ownership, and
Transition of Agricultural Land survey questions
relating to--
(i) the extent to which non-farming
landowners are purchasing and holding onto
farmland for the sole purpose of real estate
investment;
(ii) the impact of these farmland ownership
trends on the successful entry and viability of
beginning farmers and ranchers and socially
disadvantaged farmers and ranchers;
(iii) the extent to which farm and ranch
land with undivided interests and no
administrative authority identified have farms
or ranches operating on that land; and
(iv) the impact of land tenure patterns,
categorized by--
(I) race, gender, and ethnicity;
and
(II) region; and
(B) to include in the report of each Tenure,
Ownership, and Transition of Agricultural Land survey
the results of the questions under subparagraph (A).
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