[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3955 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 3955

 To establish the Increasing Land, Capital, and Market Access Program 
    within the Farm Service Agency Office of Outreach and Education.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 9, 2023

  Ms. Budzinski (for herself, Mr. Nunn of Iowa, Mr. Courtney, and Ms. 
 Spanberger) introduced the following bill; which was referred to the 
                        Committee on Agriculture

_______________________________________________________________________

                                 A BILL


 
 To establish the Increasing Land, Capital, and Market Access Program 
    within the Farm Service Agency Office of Outreach and Education.

    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 ``Increasing Land Access, Security, 
and Opportunities Act''.

SEC. 2. INCREASING LAND, CAPITAL, AND MARKET ACCESS PROGRAM.

    (a) Definitions.--In this section:
            (1) Covered project.--The term ``covered project'' means a 
        project described in subsection (e).
            (2) Eligible entity.--
                    (A) In general.--The term ``eligible entity'' 
                means--
                            (i) a State, local, or territorial 
                        government;
                            (ii) Indian Tribes and Tribal 
                        organizations, as defined in section 4 of the 
                        Indian Self-Determination and Education 
                        Assistance Act (25 U.S.C. 5304);
                            (iii) a Native community development 
                        financial institution certified by the 
                        Secretary of the Treasury;
                            (iv) a community development financial 
                        institution (as defined in section 103 of the 
                        Community Development Banking and Financial 
                        Institutions Act of 1994 (12 U.S.C. 4702)) 
                        certified by the Secretary of the Treasury, 
                        acting through the Community Development 
                        Financial Institutions Fund;
                            (v) an organization described in paragraph 
                        (2) or (3) of section 501(c) of the Internal 
                        Revenue Code of 1986 and exempt from tax under 
                        section 501(a) of such Code;
                            (vi) a foundation;
                            (vii) a cooperative entity;
                            (viii) an institution of higher education 
                        (as defined in section 101 of the Higher 
                        Education Act of 1965 (20 U.S.C. 1001)); and
                            (ix) any other appropriate partner, as 
                        determined by the Secretary.
                    (B) Exclusion.--The term ``eligible entity'' does 
                not include a corporation foreign-based or foreign-
                owned.
            (3) Eligible land.--
                    (A) In general.--The term ``eligible land'' means--
                            (i) agricultural land;
                            (ii) private land;
                            (iii) urban land;
                            (iv) public land, including Federal, State, 
                        and municipally owned or managed land;
                            (v) lands held in common that are 
                        controlled and managed by groups of 
                        individuals;
                            (vi) lands held in trust;
                            (vii) multiple parcels of land described in 
                        any of clauses (i) through (v) that are 
                        noncontiguous; and
                            (viii) public or private shoreline or 
                        intertidal zone areas, which may be wholly or 
                        partially underwater.
                    (B) Exclusion.--The term ``eligible land'' does not 
                include parcels of land described in subparagraph (A) 
                that are fully forested.
            (4) Intended beneficiaries.--The term ``intended 
        beneficiaries'' means--
                    (A) historically underserved farmers, ranchers, and 
                forest owners; and
                    (B) farmers, ranchers, and forest owners operating 
                in high-poverty areas.
            (5) Program.--The term ``program'' means the Increasing 
        Land, Capital, and Market Access Program established under 
        subsection (b).
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
    (b) Establishment.--The Secretary shall establish a competitive 
program to be known as the ``Increasing Land, Capital, and Market 
Access Program'' within the Farm Service Agency to make grants, enter 
into cooperative agreements, or provide other capital support to 
eligible entities to carry out covered projects in accordance with 
subsection (e).
    (c) Purpose.--The purpose of the program is--
            (1) to strengthen land, capital, and market access for the 
        intended beneficiaries, with the majority of funds directly 
        reaching the intended beneficiaries; and
            (2) support projects designed to--
                    (A) increase land access;
                    (B) prevent land loss;
                    (C) establish innovative ways to connect available 
                land to intended beneficiaries;
                    (D) transition farmland from existing landowners to 
                the next generation;
                    (E) restore lands into the hands of those who have 
                been underserved;
                    (F) support farm establishment and long-term 
                viability; and
                    (G) provide appropriate technical assistance 
                related to land, capital, or market access.
    (d) Selection.--
            (1) Application requirements.--To be eligible to receive a 
        grant or other capital support or enter into a cooperative 
        agreement under this section, an eligible entity shall submit 
        to the Secretary an application at such time, in such manner, 
        and containing such information as the Secretary may require, 
        including--
                    (A) information demonstrating that the covered 
                project the eligible entity seeks to carry out is 
                designed to--
                            (i) serve the intended beneficiaries;
                            (ii) meet the program purpose;
                    (B) a description of how project activities will 
                support overall farm viability;
                    (C) a description of how project activities will 
                support farmer behavioral and mental health;
                    (D) a plan for notification and consultation with 
                local Tribal governments for future sale of land, if 
                applicable;
                    (E) an analysis of anticipated benefits to the 
                community and the agricultural economy within the 
                project area; and
                    (F) a plan for evaluation, data management, 
                communication, and reporting of project findings and 
                results.
            (2) Evaluation of applications.--
                    (A) Evaluation process.--The Secretary shall 
                develop a process for evaluating proposals and 
                distributing funds in collaboration with a stakeholder 
                committee, which the Secretary shall establish and 
                convene not later than 6 months after the date of the 
                enactment of this Act.
                    (B) Consideration.--In developing the process under 
                subparagraph (A), the Secretary shall consider 
                perspectives from diverse stakeholders, diverse 
                geographic distribution, and diverse farming models, 
                practices, and purposes.
            (3) Priority.--In carrying out this section, the Secretary 
        shall give priority to covered projects that--
                    (A) provide direct financial assistance to intended 
                beneficiaries;
                    (B) involve a substantial and effective 
                collaborative network or partnership of public or 
                private entities;
                    (C) increase access to municipal, State, and 
                federally owned or managed land;
                    (D) include a right of first refusal for Tribal 
                citizens or governments when land becomes available on 
                or near Tribal communities;
                    (E) involve mechanisms, such as a deed restriction 
                or conservation easement, that restrict the resale 
                value of eligible land to protect the land for 
                agricultural use;
                    (F) support the transition of agricultural land 
                from existing producers to the next generation;
                    (G) include assistance to non-English speaking 
                intended beneficiaries in their own language;
                    (H) include activities under subsection (e) 
                designed to support farmworkers; and
                    (I) support best-practices, as determined by the 
                Secretary, for long-term adoption of consistent, 
                science-based, site-specific practices designed to 
                achieve conservation objectives.
    (e) Covered Projects.--
            (1) Required use of funds.--An eligible entity that carries 
        out a covered project shall provide direct assistance to 
        intended beneficiaries in order to facilitate access to land, 
        capital, and markets, which may include payments to--
                    (A) acquire real property (including air rights, 
                water rights, and other interests therein), including 
                closing costs;
                    (B) subsidize interest rates and mortgage principal 
                amounts for intended beneficiaries;
                    (C) provide down payment assistance to decrease 
                farm mortgages;
                    (D) secure clear title on heirs' property farmland;
                    (E) conduct surveys and assessments of agricultural 
                land;
                    (F) improve or remediate land, water, and soil;
                    (G) construct or repair infrastructure;
                    (H) support land use planning;
                    (I) acquire legal or financial planning assistance;
                    (J) carry out Tribal consultation;
                    (K) support acquisition of a Department of 
                Agriculture farm number; and
                    (L) any other activities as determined by the 
                Secretary.
            (2) Permissible activities.--An eligible entity that 
        receives a grant under this section may use the grant funds--
                    (A) for activities associated with increasing 
                access to markets and capital;
                    (B) to provide direct assistance to intended 
                beneficiaries in assessing, purchasing, acquiring, or 
                retaining, eligible land;
                    (C) for activities designed to support farm 
                establishment and long-term viability;
                    (D) to establish a revolving loan fund or other 
                innovative financial mechanism designed for the purpose 
                of increasing land, capital, and market access for 
                intended beneficiaries beyond the initial project 
                timeline; and
                    (E) to provide technical assistance that meets the 
                specific needs of, and is accessible to, the intended 
                beneficiaries, and is related to increasing land, 
                capital, or market access including--
                            (i) providing services to non-English 
                        speaking producers in their own language;
                            (ii) developing and carrying out strategies 
                        to identify unique needs and gaps in access, 
                        knowledge, and services; and
                            (iii) specialized consultation, training, 
                        coaching, capacity building, and mentoring 
                        focused on--
                                    (I) accessing and purchasing 
                                farmland;
                                    (II) understanding Department of 
                                Agriculture programs;
                                    (III) succession planning;
                                    (IV) market planning and risk 
                                analysis;
                                    (V) cooperative development;
                                    (VI) legal and tax issues;
                                    (VII) developing business plans and 
                                feasibility studies;
                                    (VIII) financial planning and 
                                recordkeeping;
                                    (IX) enterprise, business, and 
                                labor management; and
                                    (X) any other activities as 
                                determined by the Secretary.
            (3) Subcontract.--An eligible entity may subcontract with 
        an organization to carry out an activity under paragraph (1) or 
        (2) if the services of such subcontractor are necessary to 
        carry out such activity.
            (4) Funding mechanism.--
                    (A) Eligible entities.--The Secretary shall make 
                funding available under this section to eligible 
                entities through--
                            (i) grants;
                            (ii) cooperative agreements;
                            (iii) loan capital to finance activities 
                        under subsection (e)(2)(D); or
                            (iv) other means, as determined by the 
                        Secretary.
                    (B) Intended beneficiaries.--In carrying out 
                covered projects, eligible entities shall provide 
                direct assistance to intended beneficiaries through--
                            (i) grants;
                            (ii) loans (both long-term and interim); or
                            (iii) other direct payments or assistance, 
                        as determined by the Secretary.
            (5) Repayment of grant funds in case of noncompliance.--An 
        eligible entity that receives funding pursuant to this Act that 
        violates the terms or conditions of such funding shall 
        reimburse the Secretary of Agriculture for such funds.
    (f) Funding.--
            (1) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this section $100,000,000 for 
        each fiscal years 2024 through 2028.
            (2) Administration.--Of the amounts made available and 
        authorized by this section, the Secretary shall allocate 
        necessary funding for implementation of this section and 
        administration of the Land, Capital, and Market Access Program.
            (3) Distribution of funds.--
                    (A) Limitation.--Project funds shall be allocated 
                for eligible activities by eligible entities within 5 
                years of dispersal unless otherwise indicated by the 
                Secretary.
                    (B) Exclusion.--Funds distributed under the program 
                shall not be subject to section 200.311 of title 2, 
                Code of Federal Regulations, in cases where eligible 
                entities use such funds to increase secure land access 
                opportunities for the intended beneficiaries after the 
                5-year period described in subparagraph (B).
                    (C) Maximum award.--The maximum award for any 
                eligible entity per fiscal year shall be not more than 
                15 percent of funds made available for such fiscal 
                year.
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