I 

116TH CONGRESS 

1ST SESSION H. R. 5266 

To provide for the enhancement of urban agriculture, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 26, 2019 

Ms. GABBARD (for herself, Ms. MOORE, and Mr. RUSH) introduced the following bill; which was referred to the Committee on Agriculture, and in 

addition to the Committee on Education and Labor, for a period to be 

subsequently determined by the Speaker, in each case for consideration 

of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To provide for the enhancement of urban agriculture, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Urban Agriculture Healthy Food and Entrepreneur 

6 Act’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 


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TITLE I—URBAN AGRICULTURE CONSERVATION EASEMENT 

PROGRAM 

Sec. 101. Establishment and purposes. 

Sec. 102. Definitions. 

Sec. 103. Urban agricultural land easements. 

TITLE II—OTHER URBAN AGRICULTURE PROGRAMS 

Sec. 201. Urban agriculture microentrepreneur assistance program. 

Sec. 202. Community Food Project Grant Program. 

Sec. 203. Purchases of locally produced foods. 

Sec. 204. Farm to school program. 

1 TITLE I—URBAN AGRICULTURE 

2 CONSERVATION EASEMENT 

3 PROGRAM 

4 SEC. 101. ESTABLISHMENT AND PURPOSES. 

5 (a) ESTABLISHMENT.—The Secretary shall establish 

6 an urban agriculture conservation easement program for 

7 the conservation of eligible land, improved community food 

8 security, and improved access to cropland for beginning 

9 farmers or ranchers, socially disadvantaged farmers or 

10 ranchers, and majority-controlled producer-based business 

11 ventures through easements or other interests in land. 

12 (b) PURPOSES.—The purposes of the program are 

13 to— 

14 (1) protect the agricultural use and future via15 bility, and related conservation values, of eligible 

16 land by limiting nonagricultural uses of that land; 

17 (2) to improve or provide affordable long-term 

18 access to land for agricultural and related uses in 

19 urban communities; and 


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1 (3) to improve community food security. 

2 SEC. 102. DEFINITIONS. 

3 In this title: 

4 (1) BEGINNING FARMER OR RANCHER.—The 

5 term ‘‘beginning farmer or rancher’’ has the mean6 ing given that term in section 343(a) of the Consoli7 dated Farm and Rural Development Act (7 U.S.C. 

8 1991(a)). 

9 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti10 ty’’ means— 

11 (A) a State or local governmental entity or 

12 an Indian Tribe; or 

13 (B) an organization that is— 

14 (i) organized for, and at all times 

15 since the formation of the organization has 

16 been operated principally for, 1 or more of 

17 the conservation purposes specified in 

18 clause (i), (ii), (iii), or (iv) of section 

19 170(h)(4)(A) of the Internal Revenue Code 

20 of 1986; 

21 (ii) an organization described in sec22 tion 501(c)(3) of that Code that is exempt 

23 from taxation under section 501(a) of that 

24 Code; or 

25 (iii) described in— 


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1 (I) paragraph (1) or (2) of sec2 tion 509(a) of that Code; or 

3 (II) section 509(a)(3) of that 

4 Code and is controlled by an organiza5 tion described in section 509(a)(2) of 

6 that Code. 

7 (3) ELIGIBLE LAND.—The term ‘‘eligible land’’ 

8 means— 

9 (A) private or Tribal land— 

10 (i) that is subject to a pending offer 

11 for purchase of an urban agricultural land 

12 easement from an eligible entity; 

13 (ii) that is potentially or currently 

14 physically suitable for use as cropland and 

15 other attendant agricultural activities; 

16 (iii) the use of which for agricultural 

17 activities does not pose a threat to the 

18 human health of those working the land or 

19 the public, due to levels of environmental 

20 contaminants on the land or in the sub21 surface of the land; and 

22 (iv)(I) that is currently vacant; 

23 (II) that is in tax delinquency; 

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1 sive Environmental Response, Compensa2 tion, and Liability Act of 1980 (42 U.S.C. 

3 9601(39)); 

4 (IV) that is currently being used for 

5 urban agriculture purposes; or 

6 (V) the protection of which will fur7 ther a State or local policy consistent with 

8 the purposes of the program; or 

9 (B) other private or Tribal land that is in10 cidental to land described in subparagraph (A), 

11 if the Secretary determines that it is necessary 

12 for the efficient administration of an easement 

13 under the program. 

14 (4) MAJORITY-CONTROLLED PRODUCER-BASED

15 BUSINESS VENTURE.—The term ‘‘majority-controlled 

16 producer-based business venture’’ has the meaning 

17 given that term in section 210A(a)(5) of the Agricul18 tural Marketing Act of 1946 (7 U.S.C. 1627c(a)(5)). 

19 (5) PROGRAM.—The term ‘‘program’’ means 

20 the urban agricultural conservation easement pro21 gram established by this subtitle. 

22 (6) SECRETARY.—The term ‘‘Secretary’’ means 

23 the Secretary of Agriculture, acting through the Of24 fice of Urban Agriculture and Innovative Produc25 tion. 


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1 (7) SOCIALLY DISADVANTAGED FARMER OR

2 RANCHER.—The term ‘‘socially disadvantaged farm3 er or rancher’’ has the meaning given that term in 

4 section 355(e) of the Consolidated Farm and Rural 

5 Development Act (7 U.S.C. 2003(e)). 

6 (8) URBAN AGRICULTURAL LAND EASEMENT.— 

7 The term ‘‘urban agricultural land easement’’ means 

8 an easement or other interest in eligible land that— 

9 (A) is conveyed for the purpose of pro10 tecting natural resources and the agricultural 

11 nature of the land in urban communities; and 

12 (B) permits the landowner the right to 

13 continue agricultural production and related 

14 uses subject to an urban agricultural land ease15 ment plan, as approved by the Secretary. 

16 SEC. 103. URBAN AGRICULTURAL LAND EASEMENTS. 

17 (a) AVAILABILITY OF ASSISTANCE.—The Secretary 

18 shall facilitate and provide funding for— 

19 (1) the purchase by eligible entities of urban 

20 agricultural land easements in eligible land; and 

21 (2) technical assistance to provide for the con22 servation of natural resources pursuant to an urban 

23 agricultural land easement plan. 

24 (b) COST-SHARE ASSISTANCE.— 


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1 (1) IN GENERAL.—The Secretary shall protect 

2 the agricultural use, including grazing, and related 

3 conservation and food security values of eligible land 

4 through cost-share assistance to eligible entities for 

5 purchasing urban agricultural land easements. 

6 (2) SCOPE OF ASSISTANCE AVAILABLE.— 

7 (A) FEDERAL SHARE.—An agreement de8 scribed in paragraph (4) shall provide for a 

9 Federal share determined by the Secretary of 

10 an amount not to exceed 75 percent of the fair 

11 market value of the urban agricultural land 

12 easement, as determined by the Secretary 

13 using— 

14 (i) the Uniform Standards of Profes15 sional Appraisal Practice; 

16 (ii) an areawide market analysis or 

17 survey; or 

18 (iii) another industry-approved meth19 od. 

20 (B) NON-FEDERAL SHARE.— 

21 (i) IN GENERAL.—Under the agree22 ment, the eligible entity shall provide a 

23 share that is at least 25 percent of the fair 

24 market value of the urban agricultural 


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1 land easement in accordance with subpara2 graph (A). 

3 (ii) SOURCE OF CONTRIBUTION.—An 

4 eligible entity may include as part of its 

5 share under clause (i) a charitable dona6 tion or qualified conservation contribution 

7 (as defined by section 170(h) of the Inter8 nal Revenue Code of 1986) from the pri9 vate landowner if the eligible entity con10 tributes its own cash resources in an 

11 amount that is at least 25 percent of the 

12 amount contributed by the Secretary. 

13 (C) EXCEPTION.—For purposes of sub14 paragraph (B)(ii), the Secretary may waive any 

15 portion of the eligible entity cash contribution 

16 requirement for projects of special significance, 

17 subject to an increase in the private landowner 

18 donation that is equal to the amount of the 

19 waiver, if the donation is voluntary and the 

20 property is in active agricultural production. 

21 (3) EVALUATION AND RANKING OF APPLICA22 TIONS.— 

23 (A) CRITERIA.—The Secretary shall estab24 lish evaluation and ranking criteria to maximize 


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1 the benefit of Federal investment under the 

2 program. 

3 (B) CONSIDERATIONS.—In establishing the 

4 criteria, the Secretary shall emphasize support 

5 for— 

6 (i) improving community food secu7 rity; and 

8 (ii) facilitating improved access to 

9 cropland for beginning and socially dis10 advantaged producers and producer 

11 groups. 

12 (C) BIDDING DOWN.—If the Secretary de13 termines that 2 or more applications for cost14 share assistance are comparable in achieving 

15 the purpose of the program, the Secretary shall 

16 not assign a higher priority to any of those ap17 plications solely on the basis of lesser cost to 

18 the program. 

19 (4) AGREEMENTS WITH ELIGIBLE ENTITIES.— 

20 (A) IN GENERAL.—The Secretary shall 

21 enter into agreements with eligible entities to 

22 stipulate the terms and conditions under which 

23 the eligible entity is permitted to use cost-share 

24 assistance provided under this section. 


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1 (B) LENGTH OF AGREEMENTS.—An agree2 ment shall be for a term that is— 

3 (i) in the case of an eligible entity cer4 tified under the process described in para5 graph (5), a minimum of 5 years; and 

6 (ii) for all other eligible entities, at 

7 least 3, but not more than 5 years. 

8 (C) MINIMUM TERMS AND CONDITIONS.— 

9 An eligible entity shall be authorized to use its 

10 own terms and conditions for urban agricultural 

11 land easements so long as the Secretary deter12 mines such terms and conditions— 

13 (i) are consistent with the purposes of 

14 the program; 

15 (ii) permit effective enforcement of 

16 the purposes of such easements; 

17 (iii) include a right of enforcement for 

18 the Secretary, that may be used only if the 

19 terms of the easement are not enforced by 

20 the holder of the easement; 

21 (iv) subject the land in which an in22 terest is purchased to an urban agricul23 tural land easement plan that describes the 

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1 bility of the land to meet the purposes for 

2 which the easement was acquired; and 

3 (v) do not limit the generation of 

4 profit through agricultural activities on the 

5 land. 

6 (D) SUBSTITUTION OF QUALIFIED

7 PROJECTS.—An agreement shall allow, upon 

8 mutual agreement of the parties, substitution of 

9 qualified projects that are identified at the time 

10 of the proposed substitution. 

11 (E) EFFECT OF VIOLATION.—If a violation 

12 occurs of a term or condition of an agreement 

13 under this subsection— 

14 (i) the Secretary may terminate the 

15 agreement; and 

16 (ii) the Secretary may require the eli17 gible entity to refund all or part of any 

18 payments received by the entity under the 

19 program, with interest on the payments as 

20 determined appropriate by the Secretary. 

21 (5) CERTIFICATION OF ELIGIBLE ENTITIES.— 

22 (A) CERTIFICATION PROCESS.—The Sec23 retary shall establish a process under which the 

24 Secretary may— 


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1 (i) directly certify eligible entities that 

2 meet established criteria; 

3 (ii) enter into long-term agreements 

4 with certified eligible entities; and 

5 (iii) accept proposals for cost-share 

6 assistance for the purchase of urban agri7 cultural land easements throughout the du8 ration of such agreements. 

9 (B) CERTIFICATION CRITERIA.—In order 

10 to be certified, an eligible entity shall dem11 onstrate to the Secretary that the entity will 

12 maintain, at a minimum, for the duration of the 

13 agreement— 

14 (i) a plan for administering easements 

15 that is consistent with the purpose of the 

16 program; 

17 (ii) the capacity and resources to 

18 monitor and enforce urban agricultural 

19 land easements; and 

20 (iii) policies and procedures to en21 sure— 

22 (I) the long-term integrity of 

23 urban agricultural land easements on 

24 eligible land; 


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1 (II) timely completion of acquisi2 tions of such easements; and 

3 (III) timely and complete evalua4 tion and reporting to the Secretary on 

5 the use of funds provided under the 

6 program. 

7 (C) REVIEW AND REVISION.— 

8 (i) REVIEW.—The Secretary shall con9 duct a review of eligible entities certified 

10 under subparagraph (A) every three years 

11 to ensure that such entities are meeting 

12 the criteria established under subpara13 graph (B). 

14 (ii) REVOCATION.—If the Secretary 

15 finds that a certified eligible entity no 

16 longer meets the criteria established under 

17 subparagraph (B), the Secretary may— 

18 (I) allow the certified eligible en19 tity a specified period of time, at a 

20 minimum 180 days, in which to take 

21 such actions as may be necessary to 

22 meet the criteria; and 

23 (II) revoke the certification of the 

24 eligible entity, if, after the specified 


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1 period of time, the certified eligible 

2 entity does not meet such criteria. 

3 (c) METHOD OF ENROLLMENT.—The Secretary shall 

4 enroll eligible land under this section through the use of— 

5 (1) permanent easements; or 

6 (2) easements for the maximum duration al7 lowed under applicable State laws. 

8 (d) TECHNICAL ASSISTANCE.—The Secretary may 

9 provide technical assistance, if requested, to assist in— 

10 (1) compliance with the terms and conditions of 

11 easements; and 

12 (2) implementation of an urban agricultural 

13 land easement plan. 

14 (e) FUNDING.— 

15 (1) MANDATORY FUNDING.—Of the funds of 

16 the Commodity Credit Corporation, the Secretary 

17 shall use to carry out this title $20,000,000 for fis18 cal year 2020 and each fiscal year thereafter. 

19 (2) AUTHORIZATION OF APPROPRIATIONS.— 

20 There is authorized to be appropriated to carry out 

21 this title $20,000,000 for fiscal year 2020 and each 

22 fiscal year thereafter. 


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1 TITLE II—OTHER URBAN 

2 AGRICULTURE PROGRAMS 

3 SEC. 201. URBAN AGRICULTURE MICROENTREPRENEUR AS4 SISTANCE PROGRAM. 

5 (a) DEFINITIONS.—In this section: 

6 (1) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

7 has the meaning given the term in section 4 of the 

8 Indian Self-Determination and Education Assistance 

9 Act (25 U.S.C. 450b). 

10 (2) MICROENTREPRENEUR.—The term ‘‘micro11 entrepreneur’’ means an owner and operator, or pro12 spective owner and operator, of an urban agri13 culture-related microenterprise who is unable to ob14 tain sufficient training, technical assistance, or cred15 it other than under this section, as determined by 

16 the Secretary. 

17 (3) MICROENTERPRISE DEVELOPMENT ORGANI18 ZATION.—The term ‘‘microenterprise development 

19 organization’’ means an organization that— 

20 (A) is— 

21 (i) a nonprofit entity; 

22 (ii) an Indian tribe, if the tribal gov23 ernment of which certifies to the Secretary 

24 that— 


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1 (I) no microenterprise develop2 ment organization serves the Indian 

3 tribe; and 

4 (II) there is no urban microentre5 preneur assistance program under the 

6 jurisdiction of the Indian tribe; or 

7 (iii) a public institution of higher edu8 cation; 

9 (B) provides training and technical assist10 ance to microentrepreneurs; 

11 (C) facilitates access to capital or another 

12 service described in subsection (b) for urban 

13 microenterprises; and 

14 (D) has a demonstrated record of deliv15 ering services to microentrepreneurs, or an ef16 fective plan to develop a program to deliver 

17 services to microentrepreneurs, as determined 

18 by the Secretary. 

19 (4) MICROLOAN.—The term ‘‘microloan’’ means 

20 a business loan of not more than $75,000 that is 

21 provided to a microenterprise. 

22 (5) PROGRAM.—The term ‘‘program’’ means 

23 the urban agriculture microentrepreneur assistance 

24 program established under subsection (b). 


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1 (6) URBAN AGRICULTURE MICROENTER2 PRISE.—The term ‘‘urban agriculture microenter3 prise’’ means an entity that— 

4 (A) is— 

5 (i) a sole proprietorship located in a 

6 urban area as defined by the Census Bu7 reau; or 

8 (ii) a business entity with not more 

9 than 10 full-time equivalent employees lo10 cated in a urban area; and 

11 (B) is engaged in agriculture production 

12 and attendant activities, such as harvesting, 

13 packing, and minimal processing. 

14 (b) URBAN AGRICULTURE MICROENTREPRENEUR

15 ASSISTANCE PROGRAM.— 

16 (1) ESTABLISHMENT.—The Secretary shall es17 tablish an urban agriculture microentrepreneur as18 sistance program to provide loans and grants to sup19 port microentrepreneurs in the development and on20 going success of urban agriculture microenterprises. 

21 (2) PURPOSE.—The purpose of the program 

22 shall be to provide microentrepreneurs with— 

23 (A) the skills necessary to establish new 

24 urban agriculture microenterprises; and 


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1 (B) continuing technical and financial as2 sistance related to the successful operation of 

3 urban agriculture microenterprises. 

4 (3) LOANS.— 

5 (A) IN GENERAL.—The Secretary shall 

6 make loans to microenterprise development or7 ganizations for the purpose of providing fixed 

8 interest rate microloans to microentrepreneurs 

9 for startup and growing urban agriculture 

10 microenterprises. 

11 (B) LOAN TERMS.—A loan made by the 

12 Secretary to a microenterprise development or13 ganization under this paragraph shall— 

14 (i) be for a term not to exceed 20 

15 years; and 

16 (ii) bear interest at a rate of at least 

17 1 percent per year. 

18 (C) LOAN LOSS RESERVE FUND.—The 

19 Secretary shall require each microenterprise de20 velopment organization that receives a loan 

21 under this paragraph to— 

22 (i) establish a loan loss reserve fund; 

23 and 

24 (ii) maintain the reserve fund in an 

25 amount equal to at least 5 percent of the 


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1 outstanding balance of the loans owed by 

2 the organization, until all obligations owed 

3 to the Secretary under this paragraph are 

4 repaid. 

5 (D) DEFERRAL OF INTEREST AND PRIN6 CIPAL.—The Secretary may permit the deferral 

7 of payments on principal and interest due on a 

8 loan to a microenterprise development organiza9 tion made under this paragraph for a 2-year pe10 riod beginning on the date the loan is made. 

11 (4) GRANTS.— 

12 (A) GRANTS TO SUPPORT URBAN AGRI13 CULTURE MICROENTERPRISE DEVELOPMENT.— 

14 (i) IN GENERAL.—The Secretary shall 

15 make grants to microenterprise develop16 ment organizations to— 

17 (I) provide training, operational 

18 support, business planning, and mar19 ket development assistance, and other 

20 related services to urban agriculture 

21 microentrepreneurs; and 

22 (II) carry out such other projects 

23 and activities as the Secretary deter24 mines appropriate to further the pur25 poses of the program. 


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1 (ii) SELECTION.—In making grants 

2 under clause (i), the Secretary shall— 

3 (I) place an emphasis on micro4 enterprise development organizations 

5 that serve microentrepreneurs that 

6 are located in areas of concentrated 

7 poverty with limited access to fresh lo8 cally or regionally grown foods, as de9 termined by the Secretary; and 

10 (II) ensure, to the maximum ex11 tent practicable, that grant recipients 

12 include microenterprise development 

13 organizations— 

14 (aa) of varying sizes; and 

15 (bb) that serve racially and 

16 ethnically diverse populations. 

17 (B) GRANTS TO ASSIST MICROENTRE18 PRENEURS.— 

19 (i) IN GENERAL.—The Secretary shall 

20 make grants to microenterprise develop21 ment organizations to provide marketing, 

22 management, and other technical assist23 ance to microentrepreneurs that received 

24 or are seeking a loan from the organization 

25 under paragraph (3). 


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1 (ii) MAXIMUM AMOUNT OF GRANT.—A 

2 microenterprise development organization 

3 shall be eligible to receive an annual grant 

4 under this subparagraph in an amount 

5 equal to not more than 25 percent of the 

6 total outstanding balance of microloans 

7 made by the organization under paragraph 

8 (3), as of the date the grant is awarded. 

9 (C) ADMINISTRATIVE EXPENSES.—Not 

10 more than 10 percent of a grant received by a 

11 microenterprise development organization for a 

12 fiscal year under this paragraph may be used to 

13 pay administrative expenses. 

14 (c) ADMINISTRATION.— 

15 (1) COST SHARE.— 

16 (A) FEDERAL SHARE.—Subject to sub17 paragraph (B), the Federal share of the cost of 

18 a project funded under this section shall not ex19 ceed 75 percent. 

20 (B) MATCHING REQUIREMENT.—As a con21 dition of any grant made under this subpara22 graph, the Secretary shall require the microen23 terprise development organization to match not 

24 less than 15 percent of the total amount of the 


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1 grant in the form of matching funds, indirect 

2 costs, or in-kind goods or services. 

3 (C) FORM OF NON-FEDERAL SHARE.—The 

4 non-Federal share of the cost of a project fund5 ed under this section may be provided— 

6 (i) in cash, including through fees, 

7 grants (including community development 

8 block grants provided by the Department 

9 of Housing and Urban Development), and 

10 gifts; or 

11 (ii) in the form of in-kind contribu12 tions. 

13 (2) OVERSIGHT.—At a minimum, not later than 

14 December 1 of each fiscal year, a microenterprise 

15 development organization that receives a loan or 

16 grant under this section shall be required to ensure 

17 that assistance provided under this section is used 

18 for the purposes for which the loan or grant was 

19 made. 

20 (d) FUNDING.— 

21 (1) MANDATORY FUNDING.—Of the funds of 

22 the Commodity Credit Corporation, the Secretary 

23 shall use to carry out this section $3,000,000 for fis24 cal year 2019 and each fiscal year thereafter, which 

25 shall remain available until expended. 


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1 (2) DISCRETIONARY FUNDING.—In addition to 

2 amounts made available under paragraph (1), there 

3 are authorized to be appropriated to carry out this 

4 section $10,000,000 for fiscal year 2019 and each 

5 fiscal year thereafter. 

6 SEC. 202. COMMUNITY FOOD PROJECT GRANT PROGRAM. 

7 Section 25(b)(2) of the Food and Nutrition Act of 

8 2008 (7 U.S.C. 2034(b)(2)) is amended— 

9 (1) in subparagraph (C) striking ‘‘and’’ at the 

10 end; 

11 (2) in subparagraph (D) by striking ‘‘each fis12 cal year thereafter.’’ and inserting ‘‘; and’’; and 

13 (3) by adding at the end the following: 

14 ‘‘(E) $15,000,000 for fiscal year 2020 and 

15 each fiscal year thereafter.’’. 

16 SEC. 203. PURCHASES OF LOCALLY PRODUCED FOODS. 

17 Section 9(j)(3) of the Richard B. Russell National 

18 School Lunch Act (42 U.S.C. 1758(j)(3)) is amended— 

19 (1) by striking ‘‘Program, to use a geographic 

20 preference’’ and inserting the following: ‘‘Program— 

21 ‘‘(A) to use a geographic preference’’; and 

22 (2) by adding at the end the following: 

23 ‘‘(B) to use locally grown, locally raised, or 

24 locally caught as a product specification.’’. 


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1 SEC. 204. FARM TO SCHOOL PROGRAM. 

2 Section 18(g) of the Richard B. Russell National 

3 School Lunch Act (42 U.S.C. 1769(g)) is amended— 

4 (1) in paragraph (5)— 

5 (A) by striking ‘‘To the maximum’’ and in6 serting: 

7 ‘‘(A) IN GENERAL.—To the maximum ex8 tent’’; 

9 (B) in subparagraph (F), by striking 

10 ‘‘and’’ at the end; 

11 (C) by redesignating subparagraphs (A) 

12 through (F) as clauses (i) through (vi) and ad13 justing the margins accordingly; 

14 (D) by redesignating subparagraph (G) as 

15 clause (viii); and 

16 (E) by inserting after clause (vi), as so re17 designated, the following: 

18 ‘‘(vii) expand the selection of local ag19 ricultural products for eligible schools; 

20 and’’; and 

21 (2) in paragraph (8)(A), by striking 

22 ‘‘$5,000,000’’ and inserting ‘‘$15,000,000’’. 

Æ 


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