II

106TH CONGRESS

1ST SESSION S. 333

To amend the Federal Agriculture Improvement and Reform Act of 1996

to improve the farmland protection program.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 3, 1999

Mr. LEAHY (for himself, Mr. TORRICELLI, Mr. DEWINE, Mr. JEFFORDS, Mr.

KENNEDY, Mr. HARKIN, Ms. MIKULSKI, Mr. LEVIN, Mr. KERRY, Mrs.

MURRAY, Mrs. BOXER, and Mr. SARBANES) introduced the following bill;

which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry

A BILL

To amend the Federal Agriculture Improvement and Reform

Act of 1996 to improve the farmland protection program.

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

3 SECTION 1. FARMLAND PROTECTION PROGRAM.

4 Section 388 of the Federal Agriculture Improvement

5 and Reform Act of 1996 (16 U.S.C. 3830 note; Public

6 Law 104–127) is amended to read as follows:

7 ‘‘SEC. 388. FARMLAND PROTECTION PROGRAM.

8 ‘‘(a) DEFINITION OF ELIGIBLE ENTITY.—In this sec9 tion, the term ‘eligible entity’ means—
2

•S 333 IS

1 ‘‘(1) any agency of any State or local govern2 ment, or federally recognized Indian tribe; and

3 ‘‘(2) any organization that—

4 ‘‘(A) is organized for, and at all times

5 since its formation has been operated prin6 cipally for, 1 or more of the conservation pur7 poses specified in clause (i), (ii), or (iii) of sec8 tion 170(h)(4)(A) of the Internal Revenue Code

9 of 1986;

10 ‘‘(B) is an organization described in sec11 tion 501(c)(3) of the Code that is exempt from

12 taxation under section 501(a) of the Code; and

13 ‘‘(C)(i) is described in section 509(a)(2) of

14 the Code of; or

15 ‘‘(ii) is described in section 509(a)(3) of

16 the Code and is controlled by an organization

17 described in section 509(a)(2) of the Code.

18 ‘‘(b) AUTHORITY.—The Secretary of Agriculture

19 shall establish and carry out a farmland protection pro20 gram under which the Secretary shall provide grants to

21 eligible entities, to provide the Federal share of the cost

22 of purchasing conservation easements or other interests

23 in land with prime, unique, or other productive soil for

24 the purpose of protecting topsoil by limiting non25 agricultural uses of the land.
3

•S 333 IS

1 ‘‘(c) FEDERAL SHARE.—The Federal share of the

2 cost of purchasing a conservation easement or other inter3 est described in subsection (b) shall be not more than 50

4 percent.

5 ‘‘(d) TITLE; ENFORCEMENT.—Title to a conservation

6 easement or other interest described in subsection (b) may

7 be held, and the conservation requirements of the ease8 ment or interest enforced, by any eligible entity.

9 ‘‘(e) STATE CERTIFICATION.—The attorney general

10 of the State in which land is located shall take such ac11 tions as are necessary to ensure that a conservation ease12 ment or other interest under this section is in a form that

13 is sufficient to achieve the conservation purpose of the

14 farmland protection program established under this sec15 tion, the law of the State, and the terms and conditions

16 of any grant made by the Secretary under this section.

17 ‘‘(f) CONSERVATION PLAN.—Any land for which a

18 conservation easement or other interest is purchased

19 under this section shall be subject to the requirements of

20 a conservation plan to the extent that the plan does not

21 negate or adversely affect the restrictions contained in any

22 easement.

23 ‘‘(g) TECHNICAL ASSISTANCE.—The Secretary may

24 use not more than 10 percent of the amount that is made
4

•S 333 IS

1 available for a fiscal year under subsection (h) to provide

2 technical assistance to carry out this section.

3 ‘‘(h) FUNDING.—For each fiscal year, the Secretary

4 shall use not more than $55,000,000 of the funds of the

5 Commodity Credit Corporation to carry out this section.’’.

Æ