[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2340 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 2340

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 18, 2023

   Ms. Smith introduced the following bill; which was read twice and 
   referred to the Committee on Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 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) an Indian Tribe or Tribal organization 
                        (as those terms are 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 Director of the Community 
                        Development Financial Institutions Fund 
                        established under section 104(a) of that Act 
                        (12 U.S.C. 4703(a));
                            (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 (vi) 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;
                    (B) farmers, ranchers, and forest owners operating 
                in high-poverty areas; and
                    (C) young and beginning farmers.
            (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 within the Farm 
Service Agency a competitive program, to be known as the ``Increasing 
Land, Capital, and Market Access Program'', to make grants to, enter 
into cooperative agreements with, 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) to support projects 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 land 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 
        assistance under the program, 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--
                            (i) to serve the intended beneficiaries; 
                        and
                            (ii) to 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 the 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 and selection of applications.--
                    (A) Evaluation process.--The Secretary shall 
                develop a process for evaluating and selecting 
                applications submitted under paragraph (1) in 
                collaboration with the stakeholder committee 
                established under subparagraph (B).
                    (B) Stakeholder committee.--
                            (i) In general.--Not later than 180 days 
                        after the date of enactment of this Act, the 
                        Secretary shall establish and convene a 
                        stakeholder committee to provide input on the 
                        distribution of funds and the evaluation and 
                        selection of applications submitted under 
                        paragraph (1).
                            (ii) Consideration.--The Secretary shall 
                        ensure that the stakeholder committee includes 
                        perspectives from a diverse range of 
                        stakeholders, including diverse representation 
                        of geographic distribution and farming models, 
                        practices, and purposes.
                    (C) Priority.--In selecting applications submitted 
                under paragraph (1), the Secretary shall give priority 
                to applications for covered projects that--
                            (i) provide direct financial assistance to 
                        intended beneficiaries;
                            (ii) involve a substantial and effective 
                        collaborative network or partnership of public 
                        or private entities;
                            (iii) increase access to municipal, State, 
                        and federally-owned or managed land;
                            (iv) include a right of first refusal for 
                        Tribal citizens or governments when land 
                        becomes available on or near Tribal 
                        communities;
                            (v) 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;
                            (vi) support the transition of agricultural 
                        land from existing producers to the next 
                        generation;
                            (vii) include assistance to non-English 
                        speaking intended beneficiaries in their own 
                        language;
                            (viii) include activities under subsection 
                        (e) designed to support farmworkers; or
                            (ix) 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 
        receives assistance under the program shall provide direct 
        assistance to intended beneficiaries in order to facilitate 
        access to land, capital, and markets, which may include 
        payments--
                    (A) to acquire real property (including air rights, 
                water rights, and other interests therein), including 
                closing costs;
                    (B) to subsidize interest rates and mortgage 
                principal amounts for intended beneficiaries;
                    (C) to provide down payment assistance to decrease 
                farm mortgages;
                    (D) to secure clear title on heirs' property 
                farmland;
                    (E) to conduct surveys and assessments of eligible 
                land;
                    (F) to improve or remediate land, water, and soil;
                    (G) to construct or repair infrastructure;
                    (H) to support land use planning;
                    (I) to acquire legal or financial planning 
                assistance;
                    (J) to carry out Tribal consultation;
                    (K) to support acquisition of a Department of 
                Agriculture farm number; and
                    (L) for any other activities, as determined by the 
                Secretary.
            (2) Permissible activities.--An eligible entity that 
        receives assistance under the program may use the 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 
                                eligible land;
                                    (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 the subcontractor are necessary to carry 
        out the activity.
            (4) Funding mechanism.--
                    (A) Eligible entities.--The Secretary shall make 
                funding available under the program to eligible 
                entities in the form of--
                            (i) grants;
                            (ii) cooperative agreements;
                            (iii) capitalization loans, in the case of 
                        an activity described in paragraph (2)(D); or
                            (iv) other means, as determined by the 
                        Secretary.
                    (B) Intended beneficiaries.--In carrying out 
                covered projects under the program, an eligible entity 
                shall provide direct assistance to intended 
                beneficiaries in the form of--
                            (i) grants;
                            (ii) loans (both long-term and interim); or
                            (iii) other direct payments or assistance, 
                        as determined by the Secretary.
            (5) Repayment of funds in case of noncompliance.--An 
        eligible entity that violates the terms or conditions of 
        assistance provided under the program shall reimburse the 
        Secretary for that assistance.
    (f) Funding.--
            (1) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out the program $100,000,000 for 
        each of fiscal years 2024 through 2028.
            (2) Administration.--Of the amounts made available to carry 
        out the program, the Secretary may use an appropriate amount 
        for the costs of implementing and administering the program.
            (3) Distribution of funds.--
                    (A) Limitation.--An eligible entity that receives 
                assistance under the program shall obligate the amounts 
                for a covered project by not later than 5 years after 
                the date on which the funds are made available to the 
                eligible entity, unless the Secretary determines 
                otherwise.
                    (B) Exclusion.--In the case of a covered project to 
                increase or secure land access opportunities for 
                intended beneficiaries for a period longer than the 5-
                year period described in subparagraph (A), section 
                200.311 of title 2, Code of Federal Regulations (or a 
                successor regulation) shall not apply.
                    (C) Maximum award.--The Secretary may not provide 
                more than 15 percent of the amounts made available to 
                carry out the program for each fiscal year to any 
                single eligible entity.
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