,,ii #aaith ,,congress #ast ,session ,s4 #afag ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #f1 #bjbe ,mrs4 ,fischer 7for herself and ,mr4 ,lujn7 introduced the following bill2 which was read twice and referred to the ,committee on ,agriculture1 ,nutrition1 and ,forestry ,a ,,bill ,to amend the ,rural ,electrification ,act of #aicf to establish a last acre program1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,linking ,access to ,spur ,technology for ,agriculture ,connectivity in ,rural ,environments ,act of #bjbe or the ,,last ,,acre ,act of #bjbe4 #b4 ,last ,acre ,program 7a7 ,amendment ,title ,,vi of the ,rural ,electrification ,act of #aicf 7#g ,u4,s4,c4 #iej;bb et seq47 is amended by adding at the end the following3 #fjg4 ,last ,acre ,program 7a7 ,purposes ,the purposes of this section are-- 7#a7 to advance precision agriculture connectivity nationwide2 and 7#b7 to augment last mile broadband deployment for agricultural producers by expanding high-speed internet access across the last acre4 7b7 ,definitions ,in this section3 7#a7 ,broadband internet access service ,the term broadband internet access service has the meaning given the term in section #h4a7;b7 of title #dg1 ,code of ,federal ,regulations 7or any successor regulation74 7#b7 ,broadband maps ,the term broadband maps means any map created under-- 7,a7 section #hjb7;c77#a7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #fdb7;c77#a772 or 7,b7 section #fjaje of the ,infrastructure ,investment and ,jobs ,act 7#dg ,u4,s4,c4 #agjd74 7#c7 ,commission ,the term ,commission means the ,federal ,communications ,commission4 7#d7 ,configuration management plan ,the term configuration management plan1 with respect to a covered provider1 means a comprehensive description of the roles1 responsibilities1 policies1 and procedures intended to improve the integrity of the systems and networks of the covered provider4 7#e7 ,covered producer 7,a7 ,in general ,the term covered producer means a person or entity that is directly engaged in the production of agricultural products1 including crops or livestock1 on eligible land that is unserved or underserved1 such that a majority of the gross income of the person or entity is derived from those products4 7,b7 ,inclusion ,the term covered producer includes agricultural research centers of the ,agricultural ,research ,service4 7#f7 ,covered provider ,the term covered provider means-- 7,a7 with respect to the provision of qualified connectivity to eligible land1 a provider of broadband internet access service2 or 7,b7 with respect to the provision of wireless solutions using or extending the range of network connectivity1 a provider of wireless equipment or communications services1 in association with an entity described in subparagraph 7,a74 7#g7 ,eligible land ,the term eligible land means cropland1 grassland1 rangeland1 pastureland1 farm sites1 and other agricultural land used for the active production of agricultural commodities or livestock4 7#h7 ,farm site ,the term farm site means a portion of land contiguous to land actively devoted to agricultural production and that includes improvements that are agricultural or horticultural in nature4 7#i7 ,limited resource farmer or rancher 7,a7 ,in general ,subject to subparagraphs 7,b7 and 7,c71 the term limited resource farmer or rancher means a covered producer-- 7i7 with direct or indirect gross farm sales in each of the previous #b years of not more than #ajj1jjj1 as adjusted for changes in inflation since #bjjb using the ,prices ,paid by ,farmer ,index compiled by the ,national ,agricultural ,statistics ,service2 and 7ii7 that has a total household income that is-- 7,i7 at or below the national poverty level for a family of #d2 or 7,,ii7 less than #ej percent of the county median household income in each of the previous #b years4 7,b7 ,documentation ,for purposes of determining if a covered producer is a limited resource farmer or rancher1 the ,secretary may require the submission of sufficient documentation to verify the status of the covered producer4 7,c7 ,exclusion ,for purposes of this paragraph1 the term covered producer does not include the agricultural research centers described in paragraph 7#e77;,b74 7#aj7 ,precision agriculture ,the term precision agriculture means managing1 tracking1 or reducing crop or livestock production inputs1 including seed1 feed1 fertilizer1 chemicals1 water1 and time1 at a heightened level of spatial and temporal granularity to improve efficiencies1 reduce waste1 and maintain or improve environmental quality4 7#aa7 ,qualifying connectivity 7,a7 ,in general ,the term qualifying connectivity means the service offered by a covered provider as a result of assistance under subsection 7c7 that-- 7i7 is capable of a speed of not less than-- 7,i7 a #ajj-,mbps downstream transmission capacity2 and 7,,ii7 a #bj-,mbps upstream transmission capacity2 and 7ii7 carries out not less than #a of the activities described in subparagraph 7,b74 7,b7 ,activities described ,the activities referred to in subparagraph 7,a77ii7 are-- 7i7 providing broadband internet access service by any technology to structures and devices on eligible land1 including tractors1 combines1 irrigation systems1 drones1 under-soil sensors1 livestock facilities1 and farm offices2 7ii7 providing multipoint wireless network connectivity that facilitates data transmission between structures and devices on eligible land1 including structures and devices described in clause 7i72 and 7iii7 supporting-- 7,i7 the construction of wireless infrastructure1 including poles1 towers1 base stations1 or other structures1 regardless of whether the structure has an existing antenna facility1 that is used or will be used for the provision of wireless service2 or 7,,ii7 the retrofitting of existing towers or vertical structures1 such as water towers1 grain elevators1 or center pivots1 to accommodate wireless infrastructure4 7#ab7 ,remote area ,the term remote area means the frontier and remote ,,zip ,code areas published by the ,economic ,research ,service4 7#ac7 ,underserved ,the term underserved means1 with respect to eligible land1 that the eligible land lacks access to broadband internet access service that is capable of a speed of not less than-- 7,a7 a #ajj-,mbps downstream transmission capacity2 and 7,b7 a #bj-,mbps upstream transmission capacity4 7#ad7 ,unserved ,the term unserved means1 with respect to eligible land1 eligible land that lacks access to broadband internet access service that is capable of a speed of not less than-- 7,a7 a #be-,mbps downstream transmission capacity2 and 7,b7 a #c-,mbps upstream transmission capacity4 7c7 ,establishment 7#a7 ,in general ,not later than #a year after the date of enactment of this section1 the ,secretary shall establish a program1 to be known as the ,last ,acre ,program1 to make grants and loans to covered providers on a competitive basis to provide qualifying connectivity to unserved and underserved eligible land4 7#b7 ,limitation ,of the amounts made available under subsection 7k7 for a fiscal year for assistance under paragraph 7#a71 the ,secretary may award not more than #aj percent to agricultural research centers described in subsection 7b77#e77;,b74 7d7 ,use of funds 7#a7 ,cybersecurity ,the ,secretary may allow a covered provider to use a portion of the assistance provided to the covered provider under subsection 7c71 as necessary1 to address the cybersecurity requirements under subsection 7g74 7#b7 ,prohibition ,the ,secretary shall not award any assistance under subsection 7c7 for broadband internet access service-- 7,a7 to an inhabitable residence that is identified as serviceable or as to be served due to an enforceable commitment to deploy on the broadband maps2 or 7,b7 on a commercial basis to surrounding areas outside the eligible land4 7#c7 ,federal share 7,a7 ,in general ,except as provided in subparagraph 7,b71 the ,federal share of a project carried out using assistance under subsection 7c7 shall be not more than #hj percent of the total cost of the project4 7,b7 ,limited resource farmers or ranchers ,the ,secretary may increase the ,federal share of the costs described in subparagraph 7,a7 to #ij percent if the covered producer of the applicable eligible land is a limited resource farmer or rancher4 7e7 ,bid applications 7#a7 ,in general ,to apply for assistance under subsection 7c71 a covered provider shall submit to the ,secretary an application in such manner and containing such information as the ,secretary may require1 including-- 7,a7 the measures by which the covered producer has engaged with the covered provider to identify the appropriate qualifying connectivity plan to serve the eligible land of the covered producer2 7,b7 a description of how the assistance provided under subsection 7c7 would be used to establish qualifying connectivity on the unserved or underserved eligible land of a covered producer1 including the entire acreage in need of qualifying connectivity2 7,c7 the amount of the ,federal share for the project and the amount of the non-,federal share for the project2 7,d7 whether the covered provider is capable of carrying out the specific funded activities in compliance with all ,federal1 ,state1 and local laws2 7,e7 whether the covered provider has the financial and managerial capacity to meet the specific commitments contained in the application1 including buildout obligations2 7,f7 whether the covered provider has the technical and operational capability to construct and operate broadband networks2 7,g7 whether the eligible land of the covered producer-- 7i7 is unserved or underserved2 and 7ii7 is not subject to an enforceable commitment to deploy broadband by the applicant or another covered provider1 as determined according to the broadband maps2 and 7,h7 any additional information that the ,secretary determines necessary to ensure the effective function of the program under this section4 7#b7 ,registration of covered providers 7,a7 ,in general ,not later than the date on which the ,secretary establishes the program under this section pursuant to subsection 7c71 the ,secretary shall create an online portal within which covered providers may register voluntarily with the ,secretary for purposes of the program under this section4 7,b7 ,registration requirements ,to register with the ,secretary under subparagraph 7,a71 the ,secretary shall require a covered provider to submit the minimum amount of information necessary for the covered provider to demonstrate to the ,secretary that the covered provider-- 7i7 is capable of carrying out activities for which assistance is provided under subsection 7c7 in compliance with all applicable ,federal1 ,state1 and local laws2 7ii7 has the financial and managerial capacity to meet commitments necessary to carry out the projects for which assistance is received under subsection 7c72 and 7iii7 has the technical and operational capability-- 7,i7 to construct and operate broadband networks2 and 7,,ii7 to meet the requirement described in paragraph 7#a7 of subsection 7g7 and provide the cybersecurity certification required under paragraph 7#b7 of that subsection4 7,c7 ,prohibitions ,in registering covered providers under subparagraph 7,a71 the ,secretary shall not-- 7i7 require a covered provider to provide any proprietary business information for purposes of registering under that subparagraph2 or 7ii7 require a covered provider to participate in the program under this section4 7,d7 ,public availability ,the ,secretary may make a list of covered providers registered under subparagraph 7,a7 publicly available4 7#c7 ,bidding 7,a7 ,in general ,after the ,secretary receives a complete initial bid application under paragraph 7#a71 the ,secretary shall allow covered providers registered under paragraph 7#b77;,a7 that operate contiguous to1 near1 or partially on the eligible land that is the subject of the initial bid application to submit competing bid applications for the proposed service area4 7,b7 ,notification to covered providers ,not less frequently than once every #cj days1 the ,secretary shall-- 7i7 post on an internet website of the ,secretary that is accessible to covered providers the necessary identifying information of eligible land contained in a complete initial bid application2 and 7ii7 not later than #bd hours after the time at which the information described in clause 7i7 is posted1 send notice of that post to covered providers registered under paragraph 7#b77;,a7 by electronic mail4 7,c7 ,challenges 7i7 ,in general ,not later than #de business days after the date on which the ,secretary posts the information described in subparagraph 7,b77i71 a covered provider may submit to the ,secretary notice of a challenge of any posted eligible land at which-- 7,i7 the qualifying connectivity of the covered provider is available to the entire portion of land in the initial bid application without assistance under subsection 7c72 7,,ii7 the covered provider could initiate qualifying connectivity through a routine installation within #aj business days of a request with no extraordinary monetary charges or delays attributable to the extension of the network of the covered provider2 or 7,,iii7 the covered provider has an enforceable commitment to deploy broadband to the eligible land4 7ii7 ,adjudication of challenges 7,i7 ,process ,the ,secretary shall establish a transparent1 evidence-based1 and expeditious process for adjudicating a challenge submitted under clause 7i7 with respect to a location within #ij business days of the date on which the ,secretary posts the information described in subparagraph 7,b77i74 7,,ii7 ,requirement ,the process established by the ,secretary under subclause 7,i7 shall include making publicly available on the website of the ,secretary a written notice describing the outcome and reason for the decision of the ,secretary with respect to each challenge submitted under clause 7i74 7,,iii7 ,limitation ,the ,secretary may not award any assistance under subsection 7c7 for a particular application until all challenges with respect to the eligible land described in that application have been fully adjudicated4 7iii7 ,new solicitation ,if1 after adjudicating a challenge under clause 7i71 the ,secretary determines that the land subject to the challenge is eligible land that is unserved or underserved1 the ,secretary shall transmit to each covered provider registered under paragraph 7#b77;,a7 a bid notification for the provision of qualifying connectivity to the eligible land4 7,d7 ,competing bid applications ,a covered provider registered under paragraph 7#b77;,a7 that receives a notification under subparagraph 7,b77ii7 or a notification under subparagraph 7,c77iii7 and wishes to submit a competing bid application for provision of qualifying connectivity to the eligible land described in that notification shall1 not later than #abj days after the date on which the covered provider registered under paragraph 7#b77;,a7 receives the notification1 submit to the ,secretary a competing bid application to provide that qualifying connectivity in accordance with paragraph 7#a74 7,e7 ,evaluation ,not later than #cj business days after the date on which the #abj-;day period described in subparagraph 7,d7 ends1 the ,secretary shall evaluate the bid applications received and select the applicant that-- 7i7 presents the lowest cost to the ,secretary for the provision of qualifying connectivity to the eligible land that is unserved or underserved2 and 7ii7 best demonstrates to the covered producer the ability to provide downstream and upstream transmission capacity that can reliably support the specific connectivity needs of all on-farm applications described in the bid application1 including mobility1 if mobility was included in the bid application4 7,f7 ,enhanced speeds 7i7 ,finding ,congress finds that there are unique connectivity needs to support the adoption of precision agriculture4 7ii7 ,prioritization ,in selecting bid applicants under subparagraph 7,e71 the ,secretary may give priority to a covered provider that offers enhanced service speeds that are greater than those described in subsection 7b77#aa77;,a77i71 if the applicant demonstrates that the proposal to serve the eligible land of a covered producer that is unserved or underserved requires such enhanced service speeds4 7,g7 ,treatment of proprietary information 7i7 ,in general ,the prohibition under paragraph 7#b77;,c77i7 shall not apply to a covered provider in the submission of a bid application under this subsection1 including a competing bid application under subparagraph 7,d7 or a challenge under subparagraph 7,c71 if the proprietary information is necessary for the ,secretary-- 7,i7 to determine the eligibility of a covered provider2 or 7,,ii7 to evaluate an initial bid application1 competing bid application1 or challenge4 7ii7 ,disclosure in notification 7,i7 ,in general ,in the notification required under subparagraph 7,b71 the ,secretary-- 7aa7 shall only disclose the necessary and appropriate information contained within an initial bid application for the purposes of facilitating competing bid applications2 and 7bb7 shall not divulge proprietary information of the applicable covered provider and covered producer in the application4 7,,ii7 ,requirement ,in a bid application under this subsection1 including a competing bid application under subparagraph 7,d7 or a challenge under subparagraph 7,c71 an applicant shall clearly mark any proprietary information with the term confidential proprietary information4 7iii7 ,treatment ,if a covered provider provides in a bid application under this subsection1 including a competing bid application under subparagraph 7,d7 or a challenge under subparagraph 7,c71 proprietary information that constitutes a trade secret1 proprietary commercial or financial information1 confidential business information1 or data affecting national security1 the ,secretary shall treat the information in confidence to the greatest extent permitted by law4 7iv7 ,privacy ,nothing in this section affects the applicability to this section of section #afai of the ,food1 ,conservation1 and ,energy ,act of #bjjh 7#g ,u4,s4,c4 #hgia74 7#d7 ,timeline 7,a7 ,in general ,for each project for which assistance under subsection 7c7 is provided1 the ,secretary shall establish service buildout milestones and periodic certifications by recipients of the assistance for purposes of project compliance and implementation4 7,b7 ,requirement ,the milestones required under subparagraph 7,a7 shall establish a maximum buildout timeframe of not more than #d years from the date on which the assistance is provided4 7,c7 ,penalties ,the ,secretary shall establish and enforce standardized penalties1 fines1 and sanctions for noncompliance with a milestone or certification established under subparagraph 7,a74 7f7 ,priority ,in providing assistance under subsection 7c71 the ,secretary shall give priority to applications to carry out projects in the following order3 7#a7 ,unserved eligible land in remote areas4 7#b7 ,other unserved eligible land4 7#c7 ,underserved eligible land in remote areas4 7#d7 ,other underserved eligible land4 7g7 ,cybersecurity ,as a condition on receipt of assistance under subsection 7c71 a covered provider shall-- 7#a7 ensure that any structure1 device1 or system provided or constructed using the assistance incorporates a layered defense strategy as a means of defensible security architecture2 and 7#b7 certify to the ,secretary that the covered provider maintains a regularly updated configuration management plan4 7h7 ,prohibition ,in selecting recipients of assistance under subsection 7c71 the ,secretary shall not advantage or disadvantage the selection of a recipient under this section based on consideration of the existence1 or lack thereof1 of any ,state law4 7i7 ,report to ,congress ,the ,secretary shall1 on an annual basis-- 7#a7 submit to the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate and the ,committee on ,agriculture of the ,house of ,representatives a report that describes the outcome of the bids that occurred during the previous fiscal year1 including the number of parcels of eligible land for which initial bid applications were submitted during the previous fiscal year1 the number of challenges filed under subsection 7e77#c77;,c7 during the previous fiscal year1 the outcomes of those challenges1 the number of competing bid applications received under this section1 and the respective amounts awarded for eligible land2 and 7#b7 make the report required under paragraph 7#a7 publicly available on the website of the ,secretary4 7j7 ,provision of data to ,,fcc ,the ,secretary shall1 on an annual basis1 make the necessary data available to the ,commission for inclusion on the broadband maps4 7k7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section such sums as are necessary for each of fiscal years #bjbe through #bjbi4 4 7b7 ,repeal ,sections #fjb and #fjc of the ,rural ,electrification ,act of #aicf 7#g ,u4,s4,c4 #iej;bb-#a1 #iej;bb-#b7 are repealed4 #c4 ,national ,agricultural ,statistics ,service data collection on broadband adoption ,to provide for the collection and analysis by the ,national ,agricultural ,statistics ,service of more comprehensive broadband usage data1 the ,secretary of ,agriculture shall update the computer usage and ownership survey and the census of agriculture conducted under section #b of the ,census of ,agriculture ,act of #aiig 7#g ,u4,s4,c4 #bbjd;g7 to contain questions relating to-- 7#a7 whether the respondent subscribes to a broadband internet access service for a farm site 7as defined in section #fjg7;b7 of the ,rural ,electrification ,act of #aicf72 and 7#b7 if the respondent subscribes to the broadband internet access service described in paragraph 7#a7-- 7,a7 the download and upload speeds of the broadband internet access service to which the respondent is subscribed2 and 7,b7 the purposes for which the internet access is used1 including the use of precision agriculture 7as defined in section #fjg7;b7 of the ,rural ,electrification ,act of #aicf74