[Congressional Record Volume 164, Number 106 (Monday, June 25, 2018)]
[Senate]
[Pages S4374-S4376]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3081. Mr. JONES (for himself and Mr. Scott) submitted an amendment
intended to be proposed by him to the bill H.R. 2, to provide for the
reform and continuation of agricultural and other programs of the
Department of
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Agriculture through fiscal year 2023, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 125__. 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. 125__. 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)) (as amended by section 5301) is amended by
striking ``2023'' 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 subtitles 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(a) of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
2279(a))) 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. 125__. 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(a) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 2279(a))).
(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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