Sec. 9012. Limitation on USDA funding for ground mounted solar systems
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Title IX of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8101–8115 ) is further amended by adding at the end the following: In this section: The term covered farmland includes— farmland, as defined in section 1540(c)(1) of the Farmland Protection Policy Act ( 7 U.S.C. 4201(c)(1) ); and nonindustrial private forest land, as defined in section 201(a)(18) of the Food Security Act of 1985 ( 16 U.S.C. 3801(a)(18) ). The term conversion means, with respect to covered farmland, any activity that results in the covered farmland failing to meet the requirements of a State (as defined in section 343 of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1991 )) for agricultural production, activity, or use or timber harvest.
The term Secretary means the Secretary of Agriculture. The Secretary may not provide financial assistance for a project that would result in the conversion of covered farmland for solar energy production. Subsection
(b)shall not apply to a project if the project— results in the conversion of less than 5 acres; results in the conversion of less than 50 acres of covered farmland and the majority of the energy produced is for on-farm use; or has received a resolution of approval or support, or other similar instrument from each county and municipality in which the project is sited. A person who has applied to the Secretary for financial assistance for a project subject to subsection (c)(3) shall— develop a farmland conservation plan for the project to— implement best practices to protect future soil health and productivity, and mitigate soil erosion, compaction, and other effects of solar energy production during construction, operation, and decommissioning; and remediate and restore the soil health of the farmland to that of the farmland before the solar energy production project construction; and ensure that sufficient funds, as determined by the Secretary, are provided for the decommissioning of the solar energy production system and the remediation and restoration of covered farmland to carry out the farmland conservation plan described in subparagraph (A). The Secretary may obligate financial assistance for a project described in paragraph (1), but shall not disburse the financial assistance until the Secretary has determined that the applicant for the financial assistance has complied with paragraph (1). A person referred to in paragraph
(1)shall carry out— the provisions of the plan that are described in paragraph (1)(A)(i), on the receipt by the project of financial assistance from the Secretary and for the duration of solar energy production under the project; and the provisions of the plan that are described in paragraph (1)(A)(ii), on the cessation of solar energy production under the project. A person who fails to comply with paragraph
(3)with respect to a project shall repay to the Secretary the full amount of the financial assistance provided by the Secretary to the person for the project. .
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- 7 USC 8101–8115
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Sec. 9012
Limitation on USDA funding for ground mounted solar systems
Cite7 USC 8101–8115
Cites 4Cited by 0 across 0 sources