Sec. 2602. Agricultural land easements
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Section 1265B(a) of the Food Security Act of 1985 ( 16 U.S.C. 3865b(a) ) is amended— in paragraph (2), by striking and at the end; in paragraph (3), by striking the period at the end and inserting ; and ; and by adding at the end the following: buy-sell-protect transactions. . Section 1265B(b) of the Food Security Act of 1985 ( 16 U.S.C. 3865b(b) ) is amended— in paragraph (2)— in subparagraph (A), in the matter preceding clause (i), by striking 50 percent and inserting 60 percent, except as provided in subparagraph (B)(ii)(I), ; and in subparagraph (B)— in clause (i), by striking that is at least equivalent to that provided by the Secretary and inserting of not less than 40 percent, except as provided in clause (ii)(II), of the fair market value of the agricultural land easement ; and in clause (ii)— by striking Secretary, the Secretary and inserting the following:
“Secretary— the Secretary ; in subclause
(I)(as so designated)— by striking 75 percent and inserting 80 percent ; and by striking the period at the end and inserting ; and ; and by adding at the end the following: the eligible entity shall provide a share that is not less than 20 percent of the fair market value of the agricultural land easement. ; and by striking paragraph
(5)and inserting the following: The purpose of the certification of eligible entities under this paragraph is— to minimize administrative burdens on the Secretary; and to recognize the ability of experienced eligible entities to carry out the purposes of the program with minimal oversight by the Secretary. The Secretary shall establish a process under which the Secretary— directly certifies eligible entities that meet established criteria described in subparagraph
(C)or (D); enters into long-term agreements with certified eligible entities; accepts proposals for cost-share assistance for the purchase of agricultural land easements throughout the duration of such agreements; allows 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; may allow a certified eligible entity to include the minimum deed terms established by the Secretary under paragraph (4)(C); and may allow a certified eligible entity to assist a non-certified eligible entity in the purchase and stewardship of an agricultural land easement. To be certified through the process established under subparagraph (B), an eligible entity shall demonstrate to the Secretary that the eligible entity— will maintain, at a minimum, for the duration of the agreement and the duration of each agricultural land easement acquired under the agreement— a plan for administering agricultural land easements that is consistent with the purposes of the program; the capacity and resources to monitor and enforce agricultural land easements consistent with the purposes of the program; and policies and procedures to ensure— the long-term integrity of agricultural land easements on eligible land consistent with the purposes of the program; timely completion of acquisitions of such agricultural land easements; timely and complete evaluation and reporting to the Secretary on the use of funds provided under the program; and compliance with program requirements, including timely notifications to the Secretary required under the program, such as notifications of de minimis adjustments in accordance with section 1265D(c)(6)(B)(iii); and has— acquired not fewer than 10 agricultural land easements under the program; and successfully met the responsibilities of the eligible entity under the applicable agreements with the Secretary, as determined by the Secretary, relating to agricultural land easements that the eligible entity has acquired under the program or any predecessor program. The Secretary may certify an eligible entity using an expedited certification process under subparagraph
(B)if the eligible entity demonstrates that it— is— accredited by the Land Trust Accreditation Commission, or by an equivalent accrediting body, as determined by the Secretary; or a public agency with statutory authority for farm and ranchland protection; has acquired not fewer than 5 agricultural land easements under the program or any predecessor program; has successfully met the responsibilities of the eligible entity under the applicable agreements with the Secretary, as determined by the Secretary, relating to agricultural land easements that the eligible entity has acquired under the program or any predecessor program; and meets the requirements of subparagraph (C)(i). The certification of an eligible entity under this paragraph, and the authorities under this paragraph resulting from that certification, shall apply to the establishment by the eligible entity of agricultural land easements under the regional conservation partnership program under subtitle I. The Secretary shall conduct a review of eligible entities certified under subparagraph
(B)every 3 years to ensure that such certified eligible entities are meeting the criteria established under subparagraphs
(C)and (D). Each review under subclause
(I)shall include a review of any de minimis adjustments made by each certified eligible entity under section 1265D(c)(6)(B), including a review of whether timely notification of each de minimis adjustment was made to the Secretary in accordance with clause (iii)(I) of that section. If the Secretary determines in a review under subclause
(I)that an eligible entity is not in compliance, the Secretary shall notify the appropriate accrediting or governing body overseeing the certification of the eligible entity under subparagraph
(D)of the noncompliance of the eligible entity. If the Secretary finds that a certified eligible entity no longer meets the criteria established under subparagraph
(C)or (D), as applicable, the Secretary may— allow the certified eligible entity a specified period of time, at a minimum 180 days, in which to take such actions as may be necessary to meet the criteria; and revoke the certification of the eligible entity, if, after the specified period of time, the certified eligible entity does not meet such criteria. If an eligible entity fails to comply with notification requirements under section 1265D(c)(6)(B)(iii), the Secretary may— immediately revoke the certification of the eligible entity under this paragraph; and pursue any other remedies available to the Secretary. .
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Sec. 2602
Agricultural land easements
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