Sec. 2603. Agricultural land easements
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/bill/115/hr/2/ih/section-2603A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 1265B(a)(2) of the Food Security Act of 1985 ( 16 U.S.C. 3865b(a)(2) ) is amended by striking provide for the conservation of natural resources pursuant to an agricultural land easement plan and inserting implement the program . Section 1265B(b)(2) of the Food Security Act of 1985 ( 16 U.S.C. 3865b(b)(2) ) is amended by striking subparagraphs
(B)and
(C)and inserting the following: An eligible entity may use for any part of its share— a cash contribution; a charitable donation or qualified conservation contribution (as defined by section 170(h) of the Internal Revenue Code of 1986) from the landowner from which the agricultural land easement will be purchased; or funding from a Federal source other than the Department of Agriculture. In the case of grassland of special environmental significance, as determined by the Secretary, the Secretary may provide an amount not to exceed 75 percent of the fair market value of the agricultural land easement. . Section 1265B(b)(3) of the Food Security Act of 1985 ( 16 U.S.C. 3865b(b)(3) ) is amended by redesignating subparagraph
(C)as subparagraph
(D)and inserting after subparagraph
(B)the following: The Secretary shall, in coordination with State technical committees, adjust the criteria established under subparagraph
(A)to account for geographic differences among States, if such adjustments— meet the purposes of the program; and continue to maximize the benefit of the Federal investment under the program. . Section 1265B(b)(4) of the Food Security Act of 1985 ( 16 U.S.C. 3865b(b)(4) ) is amended— in subparagraph (C)— in clause (i), by inserting and the agricultural use of the land that is subject to the agricultural land easement after the program ; and by striking clauses
(iii)and
(iv)and inserting the following: include a right of enforcement for the Secretary that— may be used only if the terms and conditions of the easement are not enforced by the eligible entity; and does not extend to a right of inspection unless the holder of the easement fails to provide monitoring reports in a timely manner; include a conservation plan only for any portion of the land subject to the agricultural land easement that is highly erodible cropland; and ; in subparagraph (E)(ii), by inserting in the case of fraud or gross negligence, before the Secretary may require ; and by adding at the end the following: Upon request by an eligible entity, the Secretary shall allow, under an agreement under this subsection, mineral development on land subject to the agricultural land easement, if the Secretary determines that the mineral development— has limited and localized effects; is not irremediably destructive of significant conservation interests; and would not alter or affect the topography or landscape. The Secretary may not prohibit, through an agreement under this subsection, an owner of land subject to the agricultural land easement from participating in, and receiving compensation from, an environmental services market if a purpose of the market is the facilitation of additional conservation benefits that are consistent with the purposes of the program. . Section 1265B(b)(5) of the Food Security Act of 1985 ( 16 U.S.C. 3865b(b)(5) ) is amended— in subparagraph (A)— in clause (ii), by striking ; and and inserting a semicolon; in clause (iii), by striking the period at the end and inserting ; and ; and by adding at the end the following: allow a certified eligible entity to use its own terms and conditions, notwithstanding paragraph (4)(C), as long as the terms and conditions are consistent with the purposes of the program. ; and by amending subparagraph
(B)to read as follows: In order to be certified, an eligible entity shall demonstrate to the Secretary that the entity— is a land trust that has— been accredited by the Land Trust Accreditation Commission, or by an equivalent accrediting body (as determined by the Secretary); and acquired not fewer than five agricultural land easements under the program; or will maintain, at a minimum, for the duration of the agreement— a plan for administering easements that is consistent with the purpose of the program; the capacity and resources to monitor and enforce agricultural land easements; and policies and procedures to ensure— the long-term integrity of agricultural land easements on land subject to such easements; timely completion of acquisitions of such easements; and timely and complete evaluation and reporting to the Secretary on the use of funds provided under the program. . Section 1265B(d) of the Food Security Act of 1985 ( 16 U.S.C. 3865b(d) ) is amended to read as follows: The Secretary may provide technical assistance, if requested, to assist in compliance with the terms and conditions of easements. .
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Sec. 2603
Agricultural land easements
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