[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5173 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 5173

  To provide for the enhancement of urban agriculture, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 3, 2021

    Mr. Rush (for himself, Ms. Moore of Wisconsin, and Ms. Kaptur) 
 introduced the following bill; which was referred to the Committee on 
                              Agriculture

_______________________________________________________________________

                                 A BILL


 
  To provide for the enhancement of urban agriculture, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Urban Agriculture 
and Community Food Security Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
        TITLE I--URBAN AGRICULTURE CONSERVATION EASEMENT PROGRAM

Sec. 101. Establishment and purposes.
Sec. 102. Definitions.
Sec. 103. Urban agricultural land easements.
               TITLE II--OTHER URBAN AGRICULTURE PROGRAMS

Sec. 201. Urban agriculture microentrepreneur assistance program.
Sec. 202. Community Food Project Grant Program.

        TITLE I--URBAN AGRICULTURE CONSERVATION EASEMENT PROGRAM

SEC. 101. ESTABLISHMENT AND PURPOSES.

    (a) Establishment.--The Secretary shall establish an urban 
agriculture conservation easement program for the conservation of 
eligible land, improved community food security, and improved access to 
cropland for beginning farmers or ranchers, socially disadvantaged 
farmers or ranchers, and majority-controlled producer-based business 
ventures through easements or other interests in land.
    (b) Purposes.--The purposes of the program are to--
            (1) protect the agricultural use and future viability, and 
        related conservation values, of eligible land by limiting 
        nonagricultural uses of that land;
            (2) to improve or provide affordable long-term access to 
        land for agricultural and related uses in urban communities; 
        and
            (3) to improve community food security.

SEC. 102. DEFINITIONS.

    In this title:
            (1) Beginning farmer or rancher.--The term ``beginning 
        farmer or rancher'' has the meaning given that term in section 
        343(a) of the Consolidated Farm and Rural Development Act (7 
        U.S.C. 1991(a)).
            (2) Eligible entity.--The term ``eligible entity'' means--
                    (A) a State or local governmental entity or an 
                Indian Tribe; or
                    (B) an organization that is--
                            (i) organized for, and at all times since 
                        the formation of the organization has been 
                        operated principally for, 1 or more of the 
                        conservation purposes specified in clause (i), 
                        (ii), (iii), or (iv) of section 170(h)(4)(A) of 
                        the Internal Revenue Code of 1986;
                            (ii) an organization described in section 
                        501(c)(3) of that Code that is exempt from 
                        taxation under section 501(a) of that Code; or
                            (iii) described in--
                                    (I) paragraph (1) or (2) of section 
                                509(a) of that Code; or
                                    (II) section 509(a)(3) of that Code 
                                and is controlled by an organization 
                                described in section 509(a)(2) of that 
                                Code.
            (3) Eligible land.--The term ``eligible land'' means--
                    (A) private land--
                            (i) that is subject to a pending offer for 
                        purchase of an urban agricultural land easement 
                        from an eligible entity;
                            (ii) that is potentially or currently 
                        physically suitable for use as cropland and 
                        other attendant agricultural activities;
                            (iii) the use of which for agricultural 
                        activities does not pose a threat to the human 
                        health of those working the land or the public, 
                        due to levels of environmental contaminants on 
                        the land or in the subsurface of the land; and
                            (iv)(I) that is currently vacant;
                            (II) that is in tax delinquency;
                            (III) that is a brownfield site, as defined 
                        in section 101(39) of the Comprehensive 
                        Environmental Response, Compensation, and 
                        Liability Act of 1980 (42 U.S.C. 9601(39));
                            (IV) that is currently being used for urban 
                        agriculture purposes; or
                            (V) the protection of which will further a 
                        State or local policy consistent with the 
                        purposes of the program; or
                    (B) other private land that is incidental to land 
                described in subparagraph (A), if the Secretary 
                determines that it is necessary for the efficient 
                administration of an easement under the program.
            (4) Majority-controlled producer-based business venture.--
        The term ``majority-controlled producer-based business 
        venture'' has the meaning given that term in section 210A(a)(5) 
        of the Agricultural Marketing Act of 1946 (7 U.S.C. 
        1627c(a)(5)).
            (5) Program.--The term ``program'' means the urban 
        agricultural conservation easement program established by this 
        subtitle.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture, acting through the Office of Urban Agriculture 
        and Innovative Production.
            (7) Socially disadvantaged farmer or rancher.--The term 
        ``socially disadvantaged farmer or rancher'' has the meaning 
        given that term in section 355(e) of the Consolidated Farm and 
        Rural Development Act (7 U.S.C. 2003(e)).
            (8) Urban agricultural land easement.--The term ``urban 
        agricultural land easement'' means an easement or other 
        interest in eligible land that--
                    (A) is conveyed for the purpose of protecting 
                natural resources and the agricultural nature of the 
                land in urban communities; and
                    (B) permits the landowner the right to continue 
                agricultural production and related uses subject to an 
                urban agricultural land easement plan, as approved by 
                the Secretary.

SEC. 103. URBAN AGRICULTURAL LAND EASEMENTS.

    (a) Availability of Assistance.--The Secretary shall facilitate and 
provide funding for--
            (1) the purchase by eligible entities of urban agricultural 
        land easements in eligible land; and
            (2) technical assistance to provide for the conservation of 
        natural resources pursuant to an urban agricultural land 
        easement plan.
    (b) Cost-Share Assistance.--
            (1) In general.--The Secretary shall protect the 
        agricultural use, including grazing, and related conservation 
        and food security values of eligible land through cost-share 
        assistance to eligible entities for purchasing urban 
        agricultural land easements.
            (2) Scope of assistance available.--
                    (A) Federal share.--An agreement described in 
                paragraph (4) shall provide for a Federal share 
                determined by the Secretary of an amount not to exceed 
                75 percent of the fair market value of the urban 
                agricultural land easement, as determined by the 
                Secretary using--
                            (i) the Uniform Standards of Professional 
                        Appraisal Practice;
                            (ii) an areawide market analysis or survey; 
                        or
                            (iii) another industry-approved method.
                    (B) Non-federal share.--
                            (i) In general.--Under the agreement, the 
                        eligible entity shall provide a share that is 
                        at least 25 percent of the fair market value of 
                        the urban agricultural land easement in 
                        accordance with subparagraph (A).
                            (ii) Source of contribution.--An eligible 
                        entity may include as part of its share under 
                        clause (i) a charitable donation or qualified 
                        conservation contribution (as defined by 
                        section 170(h) of the Internal Revenue Code of 
                        1986) from the private landowner if the 
                        eligible entity contributes its own cash 
                        resources in an amount that is at least 25 
                        percent of the amount contributed by the 
                        Secretary.
                    (C) Exception.--For purposes of subparagraph 
                (B)(ii), the Secretary may waive any portion of the 
                eligible entity cash contribution requirement for 
                projects of special significance, subject to an 
                increase in the private landowner donation that is 
                equal to the amount of the waiver, if the donation is 
                voluntary and the property is in active agricultural 
                production.
            (3) Evaluation and ranking of applications.--
                    (A) Criteria.--The Secretary shall establish 
                evaluation and ranking criteria to maximize the benefit 
                of Federal investment under the program.
                    (B) Considerations.--In establishing the criteria, 
                the Secretary shall emphasize support for--
                            (i) improving community food security; and
                            (ii) facilitating improved access to 
                        cropland for beginning and socially 
                        disadvantaged producers and producer groups.
                    (C) Bidding down.--If the Secretary determines that 
                2 or more applications for cost-share assistance are 
                comparable in achieving the purpose of the program, the 
                Secretary shall not assign a higher priority to any of 
                those applications solely on the basis of lesser cost 
                to the program.
            (4) Agreements with eligible entities.--
                    (A) In general.--The Secretary shall enter into 
                agreements with eligible entities to stipulate the 
                terms and conditions under which the eligible entity is 
                permitted to use cost-share assistance provided under 
                this section.
                    (B) Length of agreements.--An agreement shall be 
                for a term that is--
                            (i) in the case of an eligible entity 
                        certified under the process described in 
                        paragraph (5), a minimum of 5 years; and
                            (ii) for all other eligible entities, at 
                        least 3, but not more than 5 years.
                    (C) Minimum terms and conditions.--An eligible 
                entity shall be authorized to use its own terms and 
                conditions for urban agricultural land easements so 
                long as the Secretary determines such terms and 
                conditions--
                            (i) are consistent with the purposes of the 
                        program;
                            (ii) permit effective enforcement of the 
                        purposes of such easements;
                            (iii) include a right of enforcement for 
                        the Secretary, that may be used only if the 
                        terms of the easement are not enforced by the 
                        holder of the easement;
                            (iv) subject the land in which an interest 
                        is purchased to an urban agricultural land 
                        easement plan that describes the activities 
                        which promote the long-term viability of the 
                        land to meet the purposes for which the 
                        easement was acquired; and
                            (v) do not limit the generation of profit 
                        through agricultural activities on the land.
                    (D) Substitution of qualified projects.--An 
                agreement shall allow, upon mutual agreement of the 
                parties, substitution of qualified projects that are 
                identified at the time of the proposed substitution.
                    (E) Effect of violation.--If a violation occurs of 
                a term or condition of an agreement under this 
                subsection--
                            (i) the Secretary may terminate the 
                        agreement; and
                            (ii) the Secretary may require the eligible 
                        entity to refund all or part of any payments 
                        received by the entity under the program, with 
                        interest on the payments as determined 
                        appropriate by the Secretary.
            (5) Certification of eligible entities.--
                    (A) Certification process.--The Secretary shall 
                establish a process under which the Secretary may--
                            (i) directly certify eligible entities that 
                        meet established criteria;
                            (ii) enter into long-term agreements with 
                        certified eligible entities; and
                            (iii) accept proposals for cost-share 
                        assistance for the purchase of urban 
                        agricultural land easements throughout the 
                        duration of such agreements.
                    (B) Certification criteria.--In order to be 
                certified, an eligible entity shall demonstrate to the 
                Secretary that the entity will maintain, at a minimum, 
                for the duration of the agreement--
                            (i) a plan for administering easements that 
                        is consistent with the purpose of the program;
                            (ii) the capacity and resources to monitor 
                        and enforce urban agricultural land easements; 
                        and
                            (iii) policies and procedures to ensure--
                                    (I) the long-term integrity of 
                                urban agricultural land easements on 
                                eligible land;
                                    (II) timely completion of 
                                acquisitions of such easements; and
                                    (III) timely and complete 
                                evaluation and reporting to the 
                                Secretary on the use of funds provided 
                                under the program.
                    (C) Review and revision.--
                            (i) Review.--The Secretary shall conduct a 
                        review of eligible entities certified under 
                        subparagraph (A) every three years to ensure 
                        that such entities are meeting the criteria 
                        established under subparagraph (B).
                            (ii) Revocation.--If the Secretary finds 
                        that a certified eligible entity no longer 
                        meets the criteria established under 
                        subparagraph (B), the Secretary may--
                                    (I) allow the certified eligible 
                                entity a specified period of time, at a 
                                minimum 180 days, in which to take such 
                                actions as may be necessary to meet the 
                                criteria; and
                                    (II) revoke the certification of 
                                the eligible entity, if, after the 
                                specified period of time, the certified 
                                eligible entity does not meet such 
                                criteria.
    (c) Method of Enrollment.--The Secretary shall enroll eligible land 
under this section through the use of--
            (1) permanent easements; or
            (2) easements for the maximum duration allowed under 
        applicable State laws.
    (d) Technical Assistance.--The Secretary may provide technical 
assistance, if requested, to assist in--
            (1) compliance with the terms and conditions of easements; 
        and
            (2) implementation of an urban agricultural land easement 
        plan.
    (e) Funding.--
            (1) Mandatory funding.--Of the funds of the Commodity 
        Credit Corporation, the Secretary shall use to carry out this 
        title $20,000,000 for fiscal year 2022 and each fiscal year 
        thereafter.
            (2) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this title $20,000,000 for 
        fiscal year 2022 and each fiscal year thereafter.

               TITLE II--OTHER URBAN AGRICULTURE PROGRAMS

SEC. 201. URBAN AGRICULTURE MICROENTREPRENEUR ASSISTANCE PROGRAM.

    (a) Definitions.--In this section:
            (1) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            (2) Microentrepreneur.--The term ``microentrepreneur'' 
        means an owner and operator, or prospective owner and operator, 
        of an urban agriculture-related microenterprise who is unable 
        to obtain sufficient training, technical assistance, or credit 
        other than under this section, as determined by the Secretary.
            (3) Microenterprise development organization.--The term 
        ``microenterprise development organization'' means an 
        organization that--
                    (A) is--
                            (i) a nonprofit entity;
                            (ii) an Indian tribe, if the tribal 
                        government of which certifies to the Secretary 
                        that--
                                    (I) no microenterprise development 
                                organization serves the Indian tribe; 
                                and
                                    (II) there is no urban 
                                microentrepreneur assistance program 
                                under the jurisdiction of the Indian 
                                tribe; or
                            (iii) a public institution of higher 
                        education;
                    (B) provides training and technical assistance to 
                microentrepreneurs;
                    (C) facilitates access to capital or another 
                service described in subsection (b) for urban 
                microenterprises; and
                    (D) has a demonstrated record of delivering 
                services to microentrepreneurs, or an effective plan to 
                develop a program to deliver services to 
                microentrepreneurs, as determined by the Secretary.
            (4) Microloan.--The term ``microloan'' means a business 
        loan of not more than $75,000 that is provided to a 
        microenterprise.
            (5) Program.--The term ``program'' means the urban 
        agriculture microentrepreneur assistance program established 
        under subsection (b).
            (6) Urban agriculture microenterprise.--The term ``urban 
        agriculture microenterprise'' means an entity that--
                    (A) is--
                            (i) a sole proprietorship located in a 
                        urban area as defined by the Census Bureau; or
                            (ii) a business entity with not more than 
                        10 full-time equivalent employees located in a 
                        urban area; and
                    (B) is engaged in agriculture production and 
                attendant activities, such as harvesting, packing, and 
                minimal processing.
    (b) Urban Agriculture Microentrepreneur Assistance Program.--
            (1) Establishment.--The Secretary shall establish an urban 
        agriculture microentrepreneur assistance program to provide 
        loans and grants to support microentrepreneurs in the 
        development and ongoing success of urban agriculture 
        microenterprises.
            (2) Purpose.--The purpose of the program shall be to 
        provide microentrepreneurs with--
                    (A) the skills necessary to establish new urban 
                agriculture microenterprises; and
                    (B) continuing technical and financial assistance 
                related to the successful operation of urban 
                agriculture microenterprises.
            (3) Loans.--
                    (A) In general.--The Secretary shall make loans to 
                microenterprise development organizations for the 
                purpose of providing fixed interest rate microloans to 
                microentrepreneurs for startup and growing urban 
                agriculture microenterprises.
                    (B) Loan terms.--A loan made by the Secretary to a 
                microenterprise development organization under this 
                paragraph shall--
                            (i) be for a term not to exceed 20 years; 
                        and
                            (ii) bear interest at a rate of at least 1 
                        percent per year.
                    (C) Loan loss reserve fund.--The Secretary shall 
                require each microenterprise development organization 
                that receives a loan under this paragraph to--
                            (i) establish a loan loss reserve fund; and
                            (ii) maintain the reserve fund in an amount 
                        equal to at least 5 percent of the outstanding 
                        balance of the loans owed by the organization, 
                        until all obligations owed to the Secretary 
                        under this paragraph are repaid.
                    (D) Deferral of interest and principal.--The 
                Secretary may permit the deferral of payments on 
                principal and interest due on a loan to a 
                microenterprise development organization made under 
                this paragraph for a 2-year period beginning on the 
                date the loan is made.
            (4) Grants.--
                    (A) Grants to support urban agriculture 
                microenterprise development.--
                            (i) In general.--The Secretary shall make 
                        grants to microenterprise development 
                        organizations to--
                                    (I) provide training, operational 
                                support, business planning, and market 
                                development assistance, and other 
                                related services to urban agriculture 
                                microentrepreneurs; and
                                    (II) carry out such other projects 
                                and activities as the Secretary 
                                determines appropriate to further the 
                                purposes of the program.
                            (ii) Selection.--In making grants under 
                        clause (i), the Secretary shall--
                                    (I) place an emphasis on 
                                microenterprise development 
                                organizations that serve 
                                microentrepreneurs that are located in 
                                areas of concentrated poverty with 
                                limited access to fresh locally or 
                                regionally grown foods, as determined 
                                by the Secretary; and
                                    (II) ensure, to the maximum extent 
                                practicable, that grant recipients 
                                include microenterprise development 
                                organizations--
                                            (aa) of varying sizes; and
                                            (bb) that serve racially 
                                        and ethnically diverse 
                                        populations.
                    (B) Grants to assist microentrepreneurs.--
                            (i) In general.--The Secretary shall make 
                        grants to microenterprise development 
                        organizations to provide marketing, management, 
                        and other technical assistance to 
                        microentrepreneurs that received or are seeking 
                        a loan from the organization under paragraph 
                        (3).
                            (ii) Maximum amount of grant.--A 
                        microenterprise development organization shall 
                        be eligible to receive an annual grant under 
                        this subparagraph in an amount equal to not 
                        more than 25 percent of the total outstanding 
                        balance of microloans made by the organization 
                        under paragraph (3), as of the date the grant 
                        is awarded.
                    (C) Administrative expenses.--Not more than 10 
                percent of a grant received by a microenterprise 
                development organization for a fiscal year under this 
                paragraph may be used to pay administrative expenses.
    (c) Administration.--
            (1) Cost share.--
                    (A) Federal share.--Subject to subparagraph (B), 
                the Federal share of the cost of a project funded under 
                this section shall not exceed 75 percent.
                    (B) Matching requirement.--As a condition of any 
                grant made under this subparagraph, the Secretary shall 
                require the microenterprise development organization to 
                match not less than 15 percent of the total amount of 
                the grant in the form of matching funds, indirect 
                costs, or in-kind goods or services.
                    (C) Form of non-federal share.--The non-Federal 
                share of the cost of a project funded under this 
                section may be provided--
                            (i) in cash, including through fees, grants 
                        (including community development block grants 
                        provided by the Department of Housing and Urban 
                        Development), and gifts; or
                            (ii) in the form of in-kind contributions.
            (2) Oversight.--At a minimum, not later than December 1 of 
        each fiscal year, a microenterprise development organization 
        that receives a loan or grant under this section shall be 
        required to ensure that assistance provided under this section 
        is used for the purposes for which the loan or grant was made.
    (d) Funding.--
            (1) Mandatory funding.--Of the funds of the Commodity 
        Credit Corporation, the Secretary shall use to carry out this 
        section $3,000,000 for fiscal year 2022 and each fiscal year 
        thereafter, which shall remain available until expended.
            (2) Discretionary funding.--In addition to amounts made 
        available under paragraph (1), there are authorized to be 
        appropriated to carry out this section $10,000,000 for fiscal 
        year 2022 and each fiscal year thereafter.

SEC. 202. COMMUNITY FOOD PROJECT GRANT PROGRAM.

    Section 25(b)(2) of the Food and Nutrition Act of 2008 (7 U.S.C. 
2034(b)(2)) is amended--
            (1) in subparagraph (C), by striking ``and'' at the end;
            (2) in subparagraph (D), by striking ``and each fiscal year 
        thereafter.'' and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(E) $15,000,000 for fiscal year 2022 and each 
                fiscal year thereafter.''.
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