,i #aafth ,,congress #ast ,session ,h4 ,r4 #ebff ,,in ,,the ,,house ,,of ,,representatives ,november #bf1 #bjai,ms4 ,gabbard 7for herself1 ,ms4 ,moore1 and ,mr4 ,rush7 introduced the following bill2 which was referred to the ,committee on ,agriculture1 and in addition to the ,committee on ,education and ,labor1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to provide for the enhancement of urban agriculture1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,urban ,agriculture ,healthy ,food and ,entrepreneur ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,title ,i--,urban ,agriculture ,conservation ,easement ,program ,sec4 #aja4 ,establishment and purposes4 ,sec4 #ajb4 ,definitions4 ,sec4 #ajc4 ,urban agricultural land easements4 ,title ,,ii--,other urban agriculture programs ,sec4 #bja4 ,urban agriculture microentrepreneur assistance program4 ,sec4 #bjb4 ,community ,food ,project ,grant ,program4 ,sec4 #bjc4 ,purchases of locally produced foods4 ,sec4 #bjd4 ,farm to school program4 ,i ,urban ,agriculture ,conservation ,easement ,program #aja4 ,establishment and purposes 7a7 ,establishment ,the ,secretary shall establish an urban agriculture conservation easement program for the conservation of eligible land1 improved community food security1 and improved access to cropland for beginning farmers or ranchers1 socially disadvantaged farmers or ranchers1 and majority-controlled producer-based business ventures through easements or other interests in land4 7b7 ,purposes ,the purposes of the program are to-- 7#a7 protect the agricultural use and future viability1 and related conservation values1 of eligible land by limiting nonagricultural uses of that land2 7#b7 to improve or provide affordable long-term access to land for agricultural and related uses in urban communities2 and 7#c7 to improve community food security4 #ajb4 ,definitions ,in this title3 7#a7 ,beginning farmer or rancher ,the term beginning farmer or rancher has the meaning given that term in section #cdc7;a7 of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #aiia7;a774 7#b7 ,eligible entity ,the term eligible entity means-- 7,a7 a ,state or local governmental entity or an ,indian ,tribe2 or 7,b7 an organization that is-- 7i7 organized for1 and at all times since the formation of the organization has been operated principally for1 #a or more of the conservation purposes specified in clause 7i71 7ii71 7iii71 or 7iv7 of section #agj7;h77#d77;,a7 of the ,internal ,revenue ,code of #aihf2 7ii7 an organization described in section #eja7;c77#c7 of that ,code that is exempt from taxation under section #eja7;a7 of that ,code2 or 7iii7 described in-- 7,i7 paragraph 7#a7 or 7#b7 of section #eji7;a7 of that ,code2 or 7,,ii7 section #eji7;a77#c7 of that ,code and is controlled by an organization described in section #eji7;a77#b7 of that ,code4 7#c7 ,eligible land ,the term eligible land means-- 7,a7 private or ,tribal land-- 7i7 that is subject to a pending offer for purchase of an urban agricultural land easement from an eligible entity2 7ii7 that is potentially or currently physically suitable for use as cropland and other attendant agricultural activities2 7iii7 the use of which for agricultural activities does not pose a threat to the human health of those working the land or the public1 due to levels of environmental contaminants on the land or in the subsurface of the land2 and 7iv7 7,i7 that is currently vacant2 7,,ii7 that is in tax delinquency2 7,,iii7 that is a brownfield site1 as defined in section #aja7ci7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja7ci772 7,,iv7 that is currently being used for urban agriculture purposes2 or 7,v7 the protection of which will further a ,state or local policy consistent with the purposes of the program2 or 7,b7 other private or ,tribal land that is incidental to land described in subparagraph 7,a71 if the ,secretary determines that it is necessary for the efficient administration of an easement under the program4 7#d7 ,majority-controlled producer-based business venture ,the term majority-controlled producer-based business venture has the meaning given that term in section #baj;,a7a77#e7 of the ,agricultural ,marketing ,act of #aidf 7#g ,u4,s4,c4 #afbg;c7a77#e774 7#e7 ,program ,the term program means the urban agricultural conservation easement program established by this subtitle4 7#f7 ,secretary ,the term ,secretary means the ,secretary of ,agriculture1 acting through the ,office of ,urban ,agriculture and ,innovative ,production4 7#g7 ,socially disadvantaged farmer or rancher ,the term socially disadvantaged farmer or rancher has the meaning given that term in section #cee7;e7 of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #bjjc7;e774 7#h7 ,urban agricultural land easement ,the term urban agricultural land easement means an easement or other interest in eligible land that-- 7,a7 is conveyed for the purpose of protecting natural resources and the agricultural nature of the land in urban communities2 and 7,b7 permits the landowner the right to continue agricultural production and related uses subject to an urban agricultural land easement plan1 as approved by the ,secretary4 #ajc4 ,urban agricultural land easements 7a7 ,availability of assistance ,the ,secretary shall facilitate and provide funding for-- 7#a7 the purchase by eligible entities of urban agricultural land easements in eligible land2 and 7#b7 technical assistance to provide for the conservation of natural resources pursuant to an urban agricultural land easement plan4 7b7 ,cost-,share assistance 7#a7 ,in general ,the ,secretary shall protect the agricultural use1 including grazing1 and related conservation and food security values of eligible land through cost-share assistance to eligible entities for purchasing urban agricultural land easements4 7#b7 ,scope of assistance available 7,a7 ,federal share ,an agreement described in paragraph 7#d7 shall provide for a ,federal share determined by the ,secretary of an amount not to exceed #ge percent of the fair market value of the urban agricultural land easement1 as determined by the ,secretary using-- 7i7 the ,uniform ,standards of ,professional ,appraisal ,practice2 7ii7 an areawide market analysis or survey2 or 7iii7 another industry-approved method4 7,b7 ,non-,federal share 7i7 ,in general ,under the agreement1 the eligible entity shall provide a share that is at least #be percent of the fair market value of the urban agricultural land easement in accordance with subparagraph 7,a74 7ii7 ,source of contribution ,an eligible entity may include as part of its share under clause 7i7 a charitable donation or qualified conservation contribution 7as defined by section #agj7;h7 of the ,internal ,revenue ,code of #aihf7 from the private landowner if the eligible entity contributes its own cash resources in an amount that is at least #be percent of the amount contributed by the ,secretary4 7,c7 ,exception ,for purposes of subparagraph 7,b77ii71 the ,secretary may waive any portion of the eligible entity cash contribution requirement for projects of special significance1 subject to an increase in the private landowner donation that is equal to the amount of the waiver1 if the donation is voluntary and the property is in active agricultural production4 7#c7 ,evaluation and ranking of applications 7,a7 ,criteria ,the ,secretary shall establish evaluation and ranking criteria to maximize the benefit of ,federal investment under the program4 7,b7 ,considerations ,in establishing the criteria1 the ,secretary shall emphasize support for-- 7i7 improving community food security2 and 7ii7 facilitating improved access to cropland for beginning and socially disadvantaged producers and producer groups4 7,c7 ,bidding down ,if the ,secretary determines that #b or more applications for cost-share assistance are comparable in achieving the purpose of the program1 the ,secretary shall not assign a higher priority to any of those applications solely on the basis of lesser cost to the program4 7#d7 ,agreements with eligible entities 7,a7 ,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 section4 7,b7 ,length of agreements ,an agreement shall be for a term that is-- 7i7 in the case of an eligible entity certified under the process described in paragraph 7#e71 a minimum of #e years2 and 7ii7 for all other eligible entities1 at least #c1 but not more than #e years4 7,c7 ,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-- 7i7 are consistent with the purposes of the program2 7ii7 permit effective enforcement of the purposes of such easements2 7iii7 include a right of enforcement for the ,secretary1 that may be used only if the terms of the easement are not enforced by the holder of the easement2 7iv7 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 acquired2 and 7v7 do not limit the generation of profit through agricultural activities on the land4 7,d7 ,substitution of qualified projects ,an agreement shall allow1 upon mutual agreement of the parties1 substitution of qualified projects that are identified at the time of the proposed substitution4 7,e7 ,effect of violation ,if a violation occurs of a term or condition of an agreement under this subsection-- 7i7 the ,secretary may terminate the agreement2 and 7ii7 the ,secretary may require the eligible entity to refund all or part of any payments received by the entity under the program1 with interest on the payments as determined appropriate by the ,secretary4 7#e7 ,certification of eligible entities 7,a7 ,certification process ,the ,secretary shall establish a process under which the ,secretary may-- 7i7 directly certify eligible entities that meet established criteria2 7ii7 enter into long-term agreements with certified eligible entities2 and 7iii7 accept proposals for cost-share assistance for the purchase of urban agricultural land easements throughout the duration of such agreements4 7,b7 ,certification criteria ,in order to be certified1 an eligible entity shall demonstrate to the ,secretary that the entity will maintain1 at a minimum1 for the duration of the agreement-- 7i7 a plan for administering easements that is consistent with the purpose of the program2 7ii7 the capacity and resources to monitor and enforce urban agricultural land easements2 and 7iii7 policies and procedures to ensure-- 7,i7 the long-term integrity of urban agricultural land easements on eligible land2 7,,ii7 timely completion of acquisitions of such easements2 and 7,,iii7 timely and complete evaluation and reporting to the ,secretary on the use of funds provided under the program4 7,c7 ,review and revision 7i7 ,review ,the ,secretary shall conduct a review of eligible entities certified under subparagraph 7,a7 every three years to ensure that such entities are meeting the criteria established under subparagraph 7,b74 7ii7 ,revocation ,if the ,secretary finds that a certified eligible entity no longer meets the criteria established under subparagraph 7,b71 the ,secretary may-- 7,i7 allow the certified eligible entity a specified period of time1 at a minimum #ahj days1 in which to take such actions as may be necessary to meet the criteria2 and 7,,ii7 revoke the certification of the eligible entity1 if1 after the specified period of time1 the certified eligible entity does not meet such criteria4 7c7 ,method of enrollment ,the ,secretary shall enroll eligible land under this section through the use of-- 7#a7 permanent easements2 or 7#b7 easements for the maximum duration allowed under applicable ,state laws4 7d7 ,technical assistance ,the ,secretary may provide technical assistance1 if requested1 to assist in-- 7#a7 compliance with the terms and conditions of easements2 and 7#b7 implementation of an urban agricultural land easement plan4 7e7 ,funding 7#a7 ,mandatory funding ,of the funds of the ,commodity ,credit ,corporation1 the ,secretary shall use to carry out this title #bj1jjj1jjj for fiscal year #bjbj and each fiscal year thereafter4 7#b7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this title #bj1jjj1jjj for fiscal year #bjbj and each fiscal year thereafter4 ,,ii ,other urban agriculture programs #bja4 ,urban agriculture microentrepreneur assistance program 7a7 ,definitions ,in this section3 7#a7 ,indian tribe ,the term ,indian tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b74 7#b7 ,microentrepreneur ,the term microentrepreneur means an owner and operator1 or prospective owner and operator1 of an urban agriculture-related microenterprise who is unable to obtain sufficient training1 technical assistance1 or credit other than under this section1 as determined by the ,secretary4 7#c7 ,microenterprise development organization ,the term microenterprise development organization means an organization that-- 7,a7 is-- 7i7 a nonprofit entity2 7ii7 an ,indian tribe1 if the tribal government of which certifies to the ,secretary that-- 7,i7 no microenterprise development organization serves the ,indian tribe2 and 7,,ii7 there is no urban microentrepreneur assistance program under the jurisdiction of the ,indian tribe2 or 7iii7 a public institution of higher education2 7,b7 provides training and technical assistance to microentrepreneurs2 7,c7 facilitates access to capital or another service described in subsection 7b7 for urban microenterprises2 and 7,d7 has a demonstrated record of delivering services to microentrepreneurs1 or an effective plan to develop a program to deliver services to microentrepreneurs1 as determined by the ,secretary4 7#d7 ,microloan ,the term microloan means a business loan of not more than #ge1jjj that is provided to a microenterprise4 7#e7 ,program ,the term program means the urban agriculture microentrepreneur assistance program established under subsection 7b74 7#f7 ,urban agriculture microenterprise ,the term urban agriculture microenterprise means an entity that-- 7,a7 is-- 7i7 a sole proprietorship located in a urban area as defined by the ,census ,bureau2 or 7ii7 a business entity with not more than #aj full-time equivalent employees located in a urban area2 and 7,b7 is engaged in agriculture production and attendant activities1 such as harvesting1 packing1 and minimal processing4 7b7 ,urban agriculture microentrepreneur assistance program 7#a7 ,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 microenterprises4 7#b7 ,purpose ,the purpose of the program shall be to provide microentrepreneurs with-- 7,a7 the skills necessary to establish new urban agriculture microenterprises2 and 7,b7 continuing technical and financial assistance related to the successful operation of urban agriculture microenterprises4 7#c7 ,loans 7,a7 ,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 microenterprises4 7,b7 ,loan terms ,a loan made by the ,secretary to a microenterprise development organization under this paragraph shall-- 7i7 be for a term not to exceed #bj years2 and 7ii7 bear interest at a rate of at least #a percent per year4 7,c7 ,loan loss reserve fund ,the ,secretary shall require each microenterprise development organization that receives a loan under this paragraph to-- 7i7 establish a loan loss reserve fund2 and 7ii7 maintain the reserve fund in an amount equal to at least #e percent of the outstanding balance of the loans owed by the organization1 until all obligations owed to the ,secretary under this paragraph are repaid4 7,d7 ,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 #b-year period beginning on the date the loan is made4 7#d7 ,grants 7,a7 ,grants to support urban agriculture microenterprise development 7i7 ,in general ,the ,secretary shall make grants to microenterprise development organizations to-- 7,i7 provide training1 operational support1 business planning1 and market development assistance1 and other related services to urban agriculture microentrepreneurs2 and 7,,ii7 carry out such other projects and activities as the ,secretary determines appropriate to further the purposes of the program4 7ii7 ,selection ,in making grants under clause 7i71 the ,secretary shall-- 7,i7 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 foods1 as determined by the ,secretary2 and 7,,ii7 ensure1 to the maximum extent practicable1 that grant recipients include microenterprise development organizations-- 7aa7 of varying sizes2 and 7bb7 that serve racially and ethnically diverse populations4 7,b7 ,grants to assist microentrepreneurs 7i7 ,in general ,the ,secretary shall make grants to microenterprise development organizations to provide marketing1 management1 and other technical assistance to microentrepreneurs that received or are seeking a loan from the organization under paragraph 7#c74 7ii7 ,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 #be percent of the total outstanding balance of microloans made by the organization under paragraph 7#c71 as of the date the grant is awarded4 7,c7 ,administrative expenses ,not more than #aj percent of a grant received by a microenterprise development organization for a fiscal year under this paragraph may be used to pay administrative expenses4 7c7 ,administration 7#a7 ,cost share 7,a7 ,federal share ,subject to subparagraph 7,b71 the ,federal share of the cost of a project funded under this section shall not exceed #ge percent4 7,b7 ,matching requirement ,as a condition of any grant made under this subparagraph1 the ,secretary shall require the microenterprise development organization to match not less than #ae percent of the total amount of the grant in the form of matching funds1 indirect costs1 or in-kind goods or services4 7,c7 ,form of non-federal share ,the non-,federal share of the cost of a project funded under this section may be provided-- 7i7 in cash1 including through fees1 grants 7including community development block grants provided by the ,department of ,housing and ,urban ,development71 and gifts2 or 7ii7 in the form of in-kind contributions4 7#b7 ,oversight ,at a minimum1 not later than ,december #a of each fiscal year1 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 made4 7d7 ,funding 7#a7 ,mandatory funding ,of the funds of the ,commodity ,credit ,corporation1 the ,secretary shall use to carry out this section #c1jjj1jjj for fiscal year #bjai and each fiscal year thereafter1 which shall remain available until expended4 7#b7 ,discretionary funding ,in addition to amounts made available under paragraph 7#a71 there are authorized to be appropriated to carry out this section #aj1jjj1jjj for fiscal year #bjai and each fiscal year thereafter4 #bjb4 ,community ,food ,project ,grant ,program ,section #be7;b77#b7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjcd7;b77#b77 is amended-- 7#a7 in subparagraph 7,c7 striking and at the end2 7#b7 in subparagraph 7,d7 by striking each fiscal year thereafter4 and inserting 2 and2 and 7#c7 by adding at the end the following3 7,e7 #ae1jjj1jjj for fiscal year #bjbj and each fiscal year thereafter4 4 #bjc4 ,purchases of locally produced foods ,section #i7;j77#c7 of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #ageh7;j77#c77 is amended-- 7#a7 by striking ,program1 to use a geographic preference and inserting the following3 ,program-- 7,a7 to use a geographic preference 2 and 7#b7 by adding at the end the following3 7,b7 to use locally grown1 locally raised1 or locally caught as a product specification4 4 #bjd4 ,farm to school program ,section #ah7;g7 of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agfi7;g77 is amended-- 7#a7 in paragraph 7#e7-- 7,a7 by striking ,to the maximum and inserting3 7,a7 ,in general ,to the maximum extent 2 7,b7 in subparagraph 7,f71 by striking and at the end2 7,c7 by redesignating subparagraphs 7,a7 through 7,f7 as clauses 7i7 through 7vi7 and adjusting the margins accordingly2 7,d7 by redesignating subparagraph 7,g7 as clause 7viii72 and 7,e7 by inserting after clause 7vi71 as so redesignated1 the following3 7vii7 expand the selection of local agricultural products for eligible schools2 and 2 and 7#b7 in paragraph 7#h77;,a71 by striking #e1jjj1jjj and inserting #ae1jjj1jjj4