Sec. 2602. Agricultural land easements
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Section 1265B(a) of the Food Security Act of 1985 ( 16 U.S.C. 3865b ) is amended— in paragraph (1), by striking in eligible land; and inserting on eligible land; and ; in paragraph (2), by striking (iv); and and inserting (iii). ; and by striking paragraph (3). Section 1265B(b)(2) of the Food Security Act of 1985 ( 16 U.S.C. 3865b(b)(2) ) is amended— by amending subparagraph
(A)to read as follows: An agreement described in paragraph
(4)shall provide for a Federal share determined by the Secretary of an amount not to exceed 65 percent of the fair market value of the agricultural land easement, as determined by the Secretary using— the Uniform Standards of Professional Appraisal Practice; an areawide market analysis or survey; or another industry-approved method. In the case of eligible land with respect to which a socially disadvantaged farmer or rancher holds an ownership interest of not less than 50 percent, the Secretary may provide an amount not to exceed 90 percent of the fair market value of the agricultural land easement. 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. ; in subparagraph (B)— by amending clause
(i)to read as follows: Under the agreement, the eligible entity shall provide a non-Federal share that is equivalent to the remainder of the fair market value of the agricultural land easement not provided by the Secretary under subparagraph (A). ; by striking clause (ii); by redesignating clause
(iii)as clause (ii); and in clause (ii), as so redesignated, in the matter preceding subclause (I), by striking subparagraph and inserting paragraph ; and by inserting after subparagraph
(B)the following: Notwithstanding paragraph (4)(C)(v), an eligible entity may elect to enter into an agreement under paragraph
(4)in which the terms and conditions of an agricultural land easement funded under the agreement do not include a right of enforcement for the Secretary if the eligible entity agrees to a Federal share that does not exceed 25 percent of the fair market value of the agricultural land easement, as determined by the Secretary under subparagraph (A). Under an agreement described in clause (i), an eligible entity shall be authorized to use its own terms and conditions for agricultural land easements so long as the Secretary determines such terms and conditions— are consistent with the purposes of the program; and permit effective enforcement of the conservation purposes of such easements. Under an agreement described in clause (i), the Secretary shall require the terms and conditions for the agricultural land easement to include a right of enforcement for the eligible entity. Under an agreement described in clause (i), the eligible entity shall provide cash resources in an amount that is not less than 50 percent of the fair market value of the agricultural land easement, as determined by the Secretary under subparagraph (A). . Section 1265B(b)(3) of the Food Security Act of 1985 ( 16 U.S.C. 3865b(b)(3) ) is amended by adding at the end the following: The Secretary may evaluate and rank applications submitted by eligible entities for the purchase of agricultural land easements from landowners who are socially disadvantaged farmers or ranchers separately from applications submitted for the purchase of agricultural land easements from other landowners. . Section 1265B(b)(4) of the Food Security Act of 1985 ( 42 U.S.C. 3865b(b)(4) ) is amended— in subparagraph (C)— by striking clause (iii); by redesignating clauses
(iv)and
(v)as clauses
(iii)and (iv), respectively; in clause (iii), as so redesignated, by striking the and at the end; in clause (iv), as so redesignated, by striking the period at the end and inserting ; ; and by adding at the end 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; or the Secretary has a reasonable and articulable belief that the terms and conditions of the easement have been violated; and prior to the inspection, the Secretary notifies the eligible entity and the landowner of the inspection and provides a reasonable opportunity for the eligible entity and the landowner to participate in the inspection; and include a right of the Secretary to require the transfer of the easement to a different eligible entity if the eligible entity that holds the easement ceases to exist or is no longer eligible to participate in the program, as determined by the Secretary. ; and in subparagraph (D)— in clause (ii)— in subclause (I)(ff), by striking
(v)and inserting
(iv); and in subclause (II), by striking the and at the end; in subclause (iii), by striking the period at the end and inserting ; and ; and by inserting at the end the following: do not conflict with any minimum terms or conditions under subparagraph
(C)that may be required. . Section 1265B(b)(5) of the Food Security Act of 1985 ( 16 U.S.C. 3865b(b)(5) ) is amended— in subparagraph (A)— in the matter preceding clause (i), by striking under which the Secretary may and inserting , to minimize administrative burdens on the Secretary and recognize the ability of experienced eligible entities to administer easements with minimal oversight by the Secretary, under which the Secretary shall ; and in clause (iv), by inserting , and modify, after entity to use ; in subparagraph (B)— in clause (ii)— in subclause (II), by striking 10 and inserting 5 ; and in subclause (III), by striking the or at the end; in clause (iii)— in subclause (I), by striking 10 and inserting 5 ; and in subclause (II), by striking the period at the end and inserting ; or ; by adding at the end the following: is an eligible entity not described in clause
(ii)or
(iii)that has— acquired not fewer than 10 agricultural land easements under the program or any predecessor 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. ; and in subparagraph (C)— in the header, by striking and inserting Review and revision ; Review and revocation in the header of clause
(i)by striking and inserting Review ; and Certified entity review by adding at the end the following: The Secretary shall establish and conduct an annual quality review process to— review a sample set of easements acquired by certified eligible entities; ensure the integrity of the easement acquisition process under this section; establish and enforce a process for corrective actions; and provide for a waiver of successive easement reviews based on demonstrated compliance. .
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U.S. Code
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- 42 USC 3865b(b)(4)
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