,,ii #aahth ,,congress #ast ,session ,s4 #bcdj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #ah1 #bjbc,ms4 ,smith introduced the following bill2 which was read twice and referred to the ,committee on ,agriculture1 ,nutrition1 and ,forestry ,a ,,bill ,to establish the ,increasing ,land1 ,capital1 and ,market ,access ,program within the ,farm ,service ,agency ,office of ,outreach and ,education4 #a4 ,short title ,this ,act may be cited as the ,increasing ,land ,access1 ,security1 and ,opportunities ,act4 #b4 ,increasing ,land1 ,capital1 and ,market ,access ,program 7a7 ,definitions ,in this section3 7#a7 ,covered project ,the term covered project means a project described in subsection 7e74 7#b7 ,eligible entity 7,a7 ,in general ,the term eligible entity means-- 7i7 a ,state1 local1 or territorial government2 7ii7 an ,indian ,tribe or ,tribal organization 7as those terms are defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd772 7iii7 a ,native community development financial institution certified by the ,secretary of the ,treasury2 7iv7 a community development financial institution 7as defined in section #ajc of the ,community ,development ,banking and ,financial ,institutions ,act of #aiid 7#ab ,u4,s4,c4 #dgjb77 certified by the ,secretary of the ,treasury1 acting through the ,director of the ,community ,development ,financial ,institutions ,fund established under section #ajd7;a7 of that ,act 7#ab ,u4,s4,c4 #dgjc7;a772 7v7 an organization described in paragraph 7#b7 or 7#c7 of section #eja7;c7 of the ,internal ,revenue ,code of #aihf and exempt from tax under section #eja7;a7 of such ,code2 7vi7 a foundation2 7vii7 a cooperative entity2 7viii7 an institution of higher education 7as defined in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja772 and 7ix7 any other appropriate partner1 as determined by the ,secretary4 7,b7 ,exclusion ,the term eligible entity does not include a corporation foreign-based or foreign-owned4 7#c7 ,eligible land 7,a7 ,in general ,the term eligible land means-- 7i7 agricultural land2 7ii7 private land2 7iii7 urban land2 7iv7 public land1 including ,federal1 ,state1 and municipally-owned or managed land2 7v7 lands held in common that are controlled and managed by groups of individuals2 7vi7 lands held in trust2 7vii7 multiple parcels of land described in any of clauses 7i7 through 7vi7 that are noncontiguous2 and 7viii7 public or private shoreline or intertidal zone areas1 which may be wholly or partially underwater4 7,b7 ,exclusion ,the term eligible land does not include parcels of land described in subparagraph 7,a7 that are fully forested4 7#d7 ,intended beneficiaries ,the term intended beneficiaries means-- 7,a7 historically underserved farmers1 ranchers1 and forest owners2 7,b7 farmers1 ranchers1 and forest owners operating in high-poverty areas2 and 7,c7 young and beginning farmers4 7#e7 ,program ,the term program means the ,increasing ,land1 ,capital1 and ,market ,access ,program established under subsection 7b74 7#f7 ,secretary ,the term ,secretary means the ,secretary of ,agriculture4 7b7 ,establishment ,the ,secretary shall establish within the ,farm ,service ,agency a competitive program1 to be known as the ,increasing ,land1 ,capital1 and ,market ,access ,program1 to make grants to1 enter into cooperative agreements with1 or provide other capital support to eligible entities to carry out covered projects in accordance with subsection 7e74 7c7 ,purpose ,the purpose of the program is-- 7#a7 to strengthen land1 capital1 and market access for the intended beneficiaries1 with the majority of funds directly reaching the intended beneficiaries2 and 7#b7 to support projects to-- 7,a7 increase land access2 7,b7 prevent land loss2 7,c7 establish innovative ways to connect available land to intended beneficiaries2 7,d7 transition farmland from existing landowners to the next generation2 7,e7 restore land into the hands of those who have been underserved2 7,f7 support farm establishment and long-term viability2 and 7,g7 provide appropriate technical assistance related to land1 capital1 or market access4 7d7 ,selection 7#a7 ,application requirements ,to be eligible to receive assistance under the program1 an eligible entity shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require1 including-- 7,a7 information demonstrating that the covered project the eligible entity seeks to carry out is designed-- 7i7 to serve the intended beneficiaries2 and 7ii7 to meet the program purpose2 7,b7 a description of how project activities will support overall farm viability2 7,c7 a description of how project activities will support farmer behavioral and mental health2 7,d7 a plan for notification and consultation with local ,tribal governments for the future sale of land1 if applicable2 7,e7 an analysis of anticipated benefits to the community and the agricultural economy within the project area2 and 7,f7 a plan for evaluation1 data management1 communication1 and reporting of project findings and results4 7#b7 ,evaluation and selection of applications 7,a7 ,evaluation process ,the ,secretary shall develop a process for evaluating and selecting applications submitted under paragraph 7#a7 in collaboration with the stakeholder committee established under subparagraph 7,b74 7,b7 ,stakeholder committee 7i7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 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 7#a74 7ii7 ,consideration ,the ,secretary shall ensure that the stakeholder committee includes perspectives from a diverse range of stakeholders1 including diverse representation of geographic distribution and farming models1 practices1 and purposes4 7,c7 ,priority ,in selecting applications submitted under paragraph 7#a71 the ,secretary shall give priority to applications for covered projects that-- 7i7 provide direct financial assistance to intended beneficiaries2 7ii7 involve a substantial and effective collaborative network or partnership of public or private entities2 7iii7 increase access to municipal1 ,state1 and federally-owned or managed land2 7iv7 include a right of first refusal for ,tribal citizens or governments when land becomes available on or near ,tribal communities2 7v7 involve mechanisms1 such as a deed restriction or conservation easement1 that restrict the resale value of eligible land to protect the land for agricultural use2 7vi7 support the transition of agricultural land from existing producers to the next generation2 7vii7 include assistance to non-,english speaking intended beneficiaries in their own language2 7viii7 include activities under subsection 7e7 designed to support farmworkers2 or 7ix7 support best practices1 as determined by the ,secretary1 for long-term adoption of consistent1 science-based1 site-specific practices designed to achieve conservation objectives4 7e7 ,covered projects 7#a7 ,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 land1 capital1 and markets1 which may include payments-- 7,a7 to acquire real property 7including air rights1 water rights1 and other interests therein71 including closing costs2 7,b7 to subsidize interest rates and mortgage principal amounts for intended beneficiaries2 7,c7 to provide down payment assistance to decrease farm mortgages2 7,d7 to secure clear title on heirs' property farmland2 7,e7 to conduct surveys and assessments of eligible land2 7,f7 to improve or remediate land1 water1 and soil2 7,g7 to construct or repair infrastructure2 7,h7 to support land use planning2 7,i7 to acquire legal or financial planning assistance2 7,j7 to carry out ,tribal consultation2 7,k7 to support acquisition of a ,department of ,agriculture farm number2 and 7,l7 for any other activities1 as determined by the ,secretary4 7#b7 ,permissible activities ,an eligible entity that receives assistance under the program may use the funds-- 7,a7 for activities associated with increasing access to markets and capital2 7,b7 to provide direct assistance to intended beneficiaries in assessing1 purchasing1 acquiring1 or retaining eligible land2 7,c7 for activities designed to support farm establishment and long-term viability2 7,d7 to establish a revolving loan fund or other innovative financial mechanism designed for the purpose of increasing land1 capital1 and market access for intended beneficiaries beyond the initial project timeline2 and 7,e7 to provide technical assistance that meets the specific needs of1 and is accessible to1 the intended beneficiaries1 and is related to increasing land1 capital1 or market access1 including-- 7i7 providing services to non-,english speaking producers in their own language2 7ii7 developing and carrying out strategies to identify unique needs and gaps in access1 knowledge1 and services2 and 7iii7 specialized consultation1 training1 coaching1 capacity building1 and mentoring focused on-- 7,i7 accessing and purchasing eligible land2 7,,ii7 understanding ,department of ,agriculture programs2 7,,iii7 succession planning2 7,,iv7 market planning and risk analysis2 7,v7 cooperative development2 7,,vi7 legal and tax issues2 7,,vii7 developing business plans and feasibility studies2 7,,viii7 financial planning and recordkeeping2 7,,ix7 enterprise1 business1 and labor management2 and 7,x7 any other activities as determined by the ,secretary4 7#c7 ,subcontract ,an eligible entity may subcontract with an organization to carry out an activity under paragraph 7#a7 or 7#b7 if the services of the subcontractor are necessary to carry out the activity4 7#d7 ,funding mechanism 7,a7 ,eligible entities ,the ,secretary shall make funding available under the program to eligible entities in the form of-- 7i7 grants2 7ii7 cooperative agreements2 7iii7 capitalization loans1 in the case of an activity described in paragraph 7#b77;,d72 or 7iv7 other means1 as determined by the ,secretary4 7,b7 ,intended beneficiaries ,in carrying out covered projects under the program1 an eligible entity shall provide direct assistance to intended beneficiaries in the form of-- 7i7 grants2 7ii7 loans 7both long-term and interim72 or 7iii7 other direct payments or assistance1 as determined by the ,secretary4 7#e7 ,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 assistance4 7f7 ,funding 7#a7 ,authorization of appropriations ,there is authorized to be appropriated to carry out the program #ajj1jjj1jjj for each of fiscal years #bjbd through #bjbh4 7#b7 ,administration ,of the amounts made available to carry out the program1 the ,secretary may use an appropriate amount for the costs of implementing and administering the program4 7#c7 ,distribution of funds 7,a7 ,limitation ,an eligible entity that receives assistance under the program shall obligate the amounts for a covered project by not later than #e years after the date on which the funds are made available to the eligible entity1 unless the ,secretary determines otherwise4 7,b7 ,exclusion ,in the case of a covered project to increase or secure land access opportunities for intended beneficiaries for a period longer than the #e-year period described in subparagraph 7,a71 section #bjj4caa of title #b1 ,code of ,federal ,regulations 7or a successor regulation7 shall not apply4 7,c7 ,maximum award ,the ,secretary may not provide more than #ae percent of the amounts made available to carry out the program for each fiscal year to any single eligible entity4