I

104TH CONGRESS

1ST SESSION H. R. 2429

To amend the Farms for the Future Act of 1990 to provide agricultural

producers, in cooperation with States and local governments, financially

competitive options for maintaining farmland in agricultural production.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 29, 1995

Mr. FARR (for himself, Mr. GILCHREST, Mr. OLVER, Mr. HOLDEN, Mrs.

MORELLA, Mr. GEJDENSON, Mr. ROSE, Mr. FAZIO of California, Mr.

CONDIT, Mr. DOOLEY, Mr. SAXTON, and Mr. LOBIONDO) introduced the

following bill; which was referred to the Committee on Agriculture

A BILL

To amend the Farms for the Future Act of 1990 to provide

agricultural producers, in cooperation with States and

local governments, financially competitive options for

maintaining farmland in agricultural production.

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.

4 This Act may be cited as the ‘‘Farms for the Future

5 Act Amendments of 1995’’.
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1 SEC. 2. PURPOSE AND FINDINGS.

2 (a) PURPOSE.—It is the purpose of this Act to pro3 vide agricultural producers in the United States, in co4 operation with States and local governments, financially

5 competitive options for maintaining prime, unique, and

6 other strategic farmland in agricultural production.

7 (b) FINDINGS.—Congress finds the following:

8 (1) Prime, unique, and other farmland that has

9 strategic importance because of its exceptional agri10 cultural, economic, or environmental contribution to

11 society is being converted to nonagricultural uses be12 cause agricultural producers and other owners of

13 such lands lack financially competitive options for

14 retaining it in agricultural production.

15 (2) States and local governments have been un16 able to provide sufficient incentives to landowners to

17 maintain prime, unique, and other strategic farm18 land in agricultural production.

19 (3) Federal assistance is needed to achieve the

20 national interest in protecting prime, unique, and

21 other strategic farmlands.

22 SEC. 3. FEDERAL COST SHARING FOR ACQUISITION OF

23 FARMLAND PROTECTION EASEMENTS.

24 The Farms for the Future Act of 1990 (chapter 2

25 of subtitle E of title XIV of Public Law 101–624; 7 U.S.C.
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1 4201 note) is amended by adding at the end the following

2 new section:

3 ‘‘SEC. 1470C. FEDERAL COST SHARING FOR ACQUISITION

4 OF FARMLAND PROTECTION EASEMENTS.

5 ‘‘(a) DEFINITIONS.—For purposes of this section:

6 ‘‘(1) QUALIFYING FARMLAND.—The term

7 ‘qualifying farmland’ means land used for agricul8 tural production that is determined by a eligible

9 State or a local governmental agency of an eligible

10 State to be—

11 ‘‘(A) of particular importance to the State

12 or locality because of its agricultural, economic,

13 or environmental characteristics; and

14 ‘‘(B) at risk of conversion to uses incom15 patible with agricultural production.

16 ‘‘(2) FARMLAND PROTECTION EASEMENT.—The

17 term ‘farmland protection easement’ means an ease18 ment that, with respect to a parcel of land—

19 ‘‘(A) prohibits or severely limits the uses of

20 the land that are incompatible with continued

21 agricultural production; and

22 ‘‘(B) runs with the land and binds all fu23 ture landowners.

24 ‘‘(3) ELIGIBLE STATE.—The term ‘eligible

25 State’ means a State that has a program, approved
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1 by the Secretary, to acquire farmland protection

2 easements.

3 ‘‘(b) FARMLAND PROTECTION EASEMENT COST4 SHARING.—In lieu of the authorities provided elsewhere

5 in this chapter to assist eligible States to retain qualifying

6 farmland in agricultural use, the Secretary may carry out

7 a matching grant program under this section.

8 ‘‘(c) FARMS FOR THE FUTURE MATCHING

9 GRANTS.—The Secretary may make matching grants to

10 an eligible State (and local governments approved by the

11 State) to be used for the purpose of acquiring farmland

12 protection easements to protect qualifying farmland from

13 uses inconsistent with continued agricultural production

14 or for the development or improvement of similar pro15 grams with this purpose.

16 ‘‘(d) MATCHING REQUIREMENTS.—Matching grants

17 under subsection (c) shall be made on a 50–50 matching

18 basis, except that the Secretary may make matching

19 grants for up to 90 percent of the cost of acquiring farm20 land protection easements by an eligible State (and local

21 governments approved by the State) that is actively devel22 oping or carrying out programs to protect farmland from

23 uses inconsistent with continued agricultural production.

24 ‘‘(e) LIMITATION ON TOTAL AMOUNT OF GRANTS.—

25 An eligible State may not receive more than 10 percent
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1 of the total amount made available for matching grants

2 under subsection (c) for a fiscal year. However, if fewer

3 than 10 eligible States participate, the share provided to

4 a State may be equal to its pro rata share of the total

5 matching funds all States make available.

6 ‘‘(f) CONDITIONS ON ASSISTANCE.—In providing as7 sistance under this section, the Secretary shall ensure

8 that—

9 ‘‘(1) funds provided under this section are used

10 by an eligible State to protect qualifying farmland,

11 with priority given to those lands of greatest impor12 tance to the State’s agriculture industry; and

13 ‘‘(2) on average the purchase price of farmland

14 protection easements acquired using such funds do

15 not exceed fair market value.

16 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— There

17 is authorized to be appropriated such sums as may be nec18 essary to carry out this section for each fiscal year.’’.

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