I 
117TH CONGRESS 
1ST SESSION H. R. 5173 
To provide for the enhancement of urban agriculture, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 3, 2021 
Mr. RUSH (for himself, Ms. MOORE of Wisconsin, and Ms. KAPTUR) intro-
duced the following bill; which was referred to the Committee on Agri-
culture 
A BILL 
To provide for the enhancement of urban agriculture, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Urban Agriculture and Community Food Security Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—URBAN AGRICULTURE CONSERVATION EASEMENT 
PROGRAM 
Sec. 101. Establishment and purposes. 
Sec. 102. Definitions. 
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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. 
TITLE I—URBAN AGRICULTURE 
CONSERVATION 
EASEMENT 
PROGRAM 
SEC. 101. ESTABLISHMENT AND PURPOSES. 
(a) ESTABLISHMENT.—The Secretary shall establish 
an urban agriculture conservation easement program for 
the conservation of eligible land, improved community food 
security, and improved access to cropland for beginning 
farmers or ranchers, socially disadvantaged farmers or 
ranchers, and majority-controlled producer-based business 
ventures through easements or other interests in land. 
(b) PURPOSES.—The purposes of the program are 
to— 
(1) protect the agricultural use and future via-
bility, and related conservation values, of eligible 
land by limiting nonagricultural uses of that land; 
(2) to improve or provide affordable long-term 
access to land for agricultural and related uses in 
urban communities; and 
(3) to improve community food security. 
SEC. 102. DEFINITIONS. 
In this title: 
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(1) BEGINNING
FARMER
OR
RANCHER.—The 
term ‘‘beginning farmer or rancher’’ has the mean-
ing given that term in section 343(a) of the Consoli-
dated Farm and Rural Development Act (7 U.S.C. 
1991(a)). 
(2) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means— 
(A) a State or local governmental entity or 
an Indian Tribe; or 
(B) an organization that is— 
(i) organized for, and at all times 
since the formation of the organization has 
been operated principally for, 1 or more of 
the conservation purposes specified in 
clause (i), (ii), (iii), or (iv) of section 
170(h)(4)(A) of the Internal Revenue Code 
of 1986; 
(ii) an organization described in sec-
tion 501(c)(3) of that Code that is exempt 
from taxation under section 501(a) of that 
Code; or 
(iii) described in— 
(I) paragraph (1) or (2) of sec-
tion 509(a) of that Code; or 
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(II) section 509(a)(3) of that 
Code and is controlled by an organiza-
tion described in section 509(a)(2) of 
that Code. 
(3) ELIGIBLE LAND.—The term ‘‘eligible land’’ 
means— 
(A) private land— 
(i) that is subject to a pending offer 
for purchase of an urban agricultural land 
easement from an eligible entity; 
(ii) that is potentially or currently 
physically suitable for use as cropland and 
other attendant agricultural activities; 
(iii) the use of which for agricultural 
activities does not pose a threat to the 
human health of those working the land or 
the public, due to levels of environmental 
contaminants on the land or in the sub-
surface of the land; and 
(iv)(I) that is currently vacant; 
(II) that is in tax delinquency; 
(III) that is a brownfield site, as de-
fined in section 101(39) of the Comprehen-
sive Environmental Response, Compensa-
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tion, and Liability Act of 1980 (42 U.S.C. 
9601(39)); 
(IV) that is currently being used for 
urban agriculture purposes; or 
(V) the protection of which will fur-
ther a State or local policy consistent with 
the purposes of the program; or 
(B) other private land that is incidental to 
land described in subparagraph (A), if the Sec-
retary determines that it is necessary for the ef-
ficient administration of an easement under the 
program. 
(4) MAJORITY-CONTROLLED PRODUCER-BASED 
BUSINESS VENTURE.—The term ‘‘majority-controlled 
producer-based business venture’’ has the meaning 
given that term in section 210A(a)(5) of the Agricul-
tural Marketing Act of 1946 (7 U.S.C. 1627c(a)(5)). 
(5) PROGRAM.—The term ‘‘program’’ means 
the urban agricultural conservation easement pro-
gram established by this subtitle. 
(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Agriculture, acting through the Of-
fice of Urban Agriculture and Innovative Produc-
tion. 
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(7) SOCIALLY
DISADVANTAGED
FARMER
OR 
RANCHER.—The term ‘‘socially disadvantaged farm-
er or rancher’’ has the meaning given that term in 
section 355(e) of the Consolidated Farm and Rural 
Development Act (7 U.S.C. 2003(e)). 
(8) URBAN AGRICULTURAL LAND EASEMENT.— 
The term ‘‘urban agricultural land easement’’ means 
an easement or other interest in eligible land that— 
(A) is conveyed for the purpose of pro-
tecting natural resources and the agricultural 
nature of the land in urban communities; and 
(B) permits the landowner the right to 
continue agricultural production and related 
uses subject to an urban agricultural land ease-
ment plan, as approved by the Secretary. 
SEC. 103. URBAN AGRICULTURAL LAND EASEMENTS. 
(a) AVAILABILITY OF ASSISTANCE.—The Secretary 
shall facilitate and provide funding for— 
(1) the purchase by eligible entities of urban 
agricultural land easements in eligible land; and 
(2) technical assistance to provide for the con-
servation of natural resources pursuant to an urban 
agricultural land easement plan. 
(b) COST-SHARE ASSISTANCE.— 
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(1) IN GENERAL.—The Secretary shall protect 
the agricultural use, including grazing, and related 
conservation and food security values of eligible land 
through cost-share assistance to eligible entities for 
purchasing urban agricultural land easements. 
(2) SCOPE OF ASSISTANCE AVAILABLE.— 
(A) FEDERAL SHARE.—An agreement de-
scribed in paragraph (4) shall provide for a 
Federal share determined by the Secretary of 
an amount not to exceed 75 percent of the fair 
market value of the urban agricultural land 
easement, as determined by the Secretary 
using— 
(i) the Uniform Standards of Profes-
sional Appraisal Practice; 
(ii) an areawide market analysis or 
survey; or 
(iii) another industry-approved meth-
od. 
(B) NON-FEDERAL SHARE.— 
(i) IN
GENERAL.—Under the agree-
ment, the eligible entity shall provide a 
share that is at least 25 percent of the fair 
market value of the urban agricultural 
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land easement in accordance with subpara-
graph (A). 
(ii) SOURCE OF CONTRIBUTION.—An 
eligible entity may include as part of its 
share under clause (i) a charitable dona-
tion or qualified conservation contribution 
(as defined by section 170(h) of the Inter-
nal Revenue Code of 1986) from the pri-
vate landowner if the eligible entity con-
tributes its own cash resources in an 
amount that is at least 25 percent of the 
amount contributed by the Secretary. 
(C) EXCEPTION.—For purposes of sub-
paragraph (B)(ii), the Secretary may waive any 
portion of the eligible entity cash contribution 
requirement for projects of special significance, 
subject to an increase in the private landowner 
donation that is equal to the amount of the 
waiver, if the donation is voluntary and the 
property is in active agricultural production. 
(3) EVALUATION
AND
RANKING
OF
APPLICA-
TIONS.— 
(A) CRITERIA.—The Secretary shall estab-
lish evaluation and ranking criteria to maximize 
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the benefit of Federal investment under the 
program. 
(B) CONSIDERATIONS.—In establishing the 
criteria, the Secretary shall emphasize support 
for— 
(i) improving community food secu-
rity; and 
(ii) facilitating improved access to 
cropland for beginning and socially dis-
advantaged 
producers 
and 
producer 
groups. 
(C) BIDDING DOWN.—If the Secretary de-
termines that 2 or more applications for cost- 
share assistance are comparable in achieving 
the purpose of the program, the Secretary shall 
not assign a higher priority to any of those ap-
plications solely on the basis of lesser cost to 
the program. 
(4) AGREEMENTS WITH ELIGIBLE ENTITIES.— 
(A) IN
GENERAL.—The Secretary shall 
enter into agreements with eligible entities to 
stipulate the terms and conditions under which 
the eligible entity is permitted to use cost-share 
assistance provided under this section. 
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(B) LENGTH OF AGREEMENTS.—An agree-
ment shall be for a term that is— 
(i) in the case of an eligible entity cer-
tified under the process described in para-
graph (5), a minimum of 5 years; and 
(ii) for all other eligible entities, at 
least 3, but not more than 5 years. 
(C) MINIMUM TERMS AND CONDITIONS.— 
An eligible entity shall be authorized to use its 
own terms and conditions for urban agricultural 
land easements so long as the Secretary deter-
mines such terms and conditions— 
(i) are consistent with the purposes of 
the program; 
(ii) permit effective enforcement of 
the purposes of such easements; 
(iii) include a right of enforcement for 
the Secretary, that may be used only if the 
terms of the easement are not enforced by 
the holder of the easement; 
(iv) subject the land in which an in-
terest is purchased to an urban agricul-
tural land easement plan that describes the 
activities which promote the long-term via-
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bility of the land to meet the purposes for 
which the easement was acquired; and 
(v) do not limit the generation of 
profit through agricultural activities on the 
land. 
(D) 
SUBSTITUTION
OF
QUALIFIED 
PROJECTS.—An agreement shall allow, upon 
mutual agreement of the parties, substitution of 
qualified projects that are identified at the time 
of the proposed substitution. 
(E) EFFECT OF VIOLATION.—If a violation 
occurs of a term or condition of an agreement 
under this subsection— 
(i) the Secretary may terminate the 
agreement; and 
(ii) the Secretary may require the eli-
gible entity to refund all or part of any 
payments received by the entity under the 
program, with interest on the payments as 
determined appropriate by the Secretary. 
(5) CERTIFICATION OF ELIGIBLE ENTITIES.— 
(A) CERTIFICATION
PROCESS.—The Sec-
retary shall establish a process under which the 
Secretary may— 
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(i) directly certify eligible entities that 
meet established criteria; 
(ii) enter into long-term agreements 
with certified eligible entities; and 
(iii) accept proposals for cost-share 
assistance for the purchase of urban agri-
cultural land easements throughout the du-
ration of such agreements. 
(B) CERTIFICATION
CRITERIA.—In order 
to be certified, an eligible entity shall dem-
onstrate to the Secretary that the entity will 
maintain, at a minimum, for the duration of the 
agreement— 
(i) a plan for administering easements 
that is consistent with the purpose of the 
program; 
(ii) the capacity and resources to 
monitor and enforce urban agricultural 
land easements; and 
(iii) policies and procedures to en-
sure— 
(I) the long-term integrity of 
urban agricultural land easements on 
eligible land; 
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(II) timely completion of acquisi-
tions of such easements; and 
(III) timely and complete evalua-
tion and reporting to the Secretary on 
the use of funds provided under the 
program. 
(C) REVIEW AND REVISION.— 
(i) REVIEW.—The Secretary shall con-
duct a review of eligible entities certified 
under subparagraph (A) every three years 
to ensure that such entities are meeting 
the criteria established under subpara-
graph (B). 
(ii) REVOCATION.—If the Secretary 
finds that a certified eligible entity no 
longer meets the criteria established under 
subparagraph (B), the Secretary may— 
(I) allow the certified eligible en-
tity 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 
(II) revoke the certification of the 
eligible entity, if, after the specified 
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period of time, the certified eligible 
entity does not meet such criteria. 
(c) METHOD OF ENROLLMENT.—The Secretary shall 
enroll eligible land under this section through the use of— 
(1) permanent easements; or 
(2) easements for the maximum duration al-
lowed under applicable State laws. 
(d) TECHNICAL ASSISTANCE.—The Secretary may 
provide technical assistance, if requested, to assist in— 
(1) compliance with the terms and conditions of 
easements; and 
(2) implementation of an urban agricultural 
land easement plan. 
(e) FUNDING.— 
(1) MANDATORY
FUNDING.—Of the funds of 
the Commodity Credit Corporation, the Secretary 
shall use to carry out this title $20,000,000 for fis-
cal year 2022 and each fiscal year thereafter. 
(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to carry out 
this title $20,000,000 for fiscal year 2022 and each 
fiscal year thereafter. 
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TITLE II—OTHER URBAN 
AGRICULTURE PROGRAMS 
SEC. 201. URBAN AGRICULTURE MICROENTREPRENEUR AS-
SISTANCE PROGRAM. 
(a) DEFINITIONS.—In this section: 
(1) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 
has the meaning given the term in section 4 of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 450b). 
(2) MICROENTREPRENEUR.—The term ‘‘micro-
entrepreneur’’ means an owner and operator, or pro-
spective owner and operator, of an urban agri-
culture-related microenterprise who is unable to ob-
tain sufficient training, technical assistance, or cred-
it other than under this section, as determined by 
the Secretary. 
(3) MICROENTERPRISE DEVELOPMENT ORGANI-
ZATION.—The term ‘‘microenterprise development 
organization’’ means an organization that— 
(A) is— 
(i) a nonprofit entity; 
(ii) an Indian tribe, if the tribal gov-
ernment of which certifies to the Secretary 
that— 
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(I) no microenterprise develop-
ment organization serves the Indian 
tribe; and 
(II) there is no urban microentre-
preneur assistance program under the 
jurisdiction of the Indian tribe; or 
(iii) a public institution of higher edu-
cation; 
(B) provides training and technical assist-
ance to microentrepreneurs; 
(C) facilitates access to capital or another 
service described in subsection (b) for urban 
microenterprises; and 
(D) has a demonstrated record of deliv-
ering services to microentrepreneurs, or an ef-
fective plan to develop a program to deliver 
services to microentrepreneurs, as determined 
by the Secretary. 
(4) MICROLOAN.—The term ‘‘microloan’’ means 
a business loan of not more than $75,000 that is 
provided to a microenterprise. 
(5) PROGRAM.—The term ‘‘program’’ means 
the urban agriculture microentrepreneur assistance 
program established under subsection (b). 
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(6) 
URBAN
AGRICULTURE
MICROENTER-
PRISE.—The term ‘‘urban agriculture microenter-
prise’’ means an entity that— 
(A) is— 
(i) a sole proprietorship located in a 
urban area as defined by the Census Bu-
reau; or 
(ii) a business entity with not more 
than 10 full-time equivalent employees lo-
cated in a urban area; and 
(B) is engaged in agriculture production 
and attendant activities, such as harvesting, 
packing, and minimal processing. 
(b) URBAN
AGRICULTURE
MICROENTREPRENEUR 
ASSISTANCE PROGRAM.— 
(1) ESTABLISHMENT.—The Secretary shall es-
tablish an urban agriculture microentrepreneur as-
sistance program to provide loans and grants to sup-
port microentrepreneurs in the development and on-
going success of urban agriculture microenterprises. 
(2) PURPOSE.—The purpose of the program 
shall be to provide microentrepreneurs with— 
(A) the skills necessary to establish new 
urban agriculture microenterprises; and 
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(B) continuing technical and financial as-
sistance related to the successful operation of 
urban agriculture microenterprises. 
(3) LOANS.— 
(A) IN
GENERAL.—The Secretary shall 
make loans to microenterprise development or-
ganizations for the purpose of providing fixed 
interest rate microloans to microentrepreneurs 
for startup and growing urban agriculture 
microenterprises. 
(B) LOAN TERMS.—A loan made by the 
Secretary to a microenterprise development or-
ganization under this paragraph shall— 
(i) be for a term not to exceed 20 
years; and 
(ii) bear interest at a rate of at least 
1 percent per year. 
(C) LOAN
LOSS
RESERVE
FUND.—The 
Secretary shall require each microenterprise de-
velopment organization that receives a loan 
under this paragraph to— 
(i) establish a loan loss reserve fund; 
and 
(ii) maintain the reserve fund in an 
amount equal to at least 5 percent of the 
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outstanding balance of the loans owed by 
the organization, until all obligations owed 
to the Secretary under this paragraph are 
repaid. 
(D) DEFERRAL OF INTEREST AND PRIN-
CIPAL.—The Secretary may permit the deferral 
of payments on principal and interest due on a 
loan to a microenterprise development organiza-
tion made under this paragraph for a 2-year pe-
riod beginning on the date the loan is made. 
(4) GRANTS.— 
(A) GRANTS
TO
SUPPORT
URBAN
AGRI-
CULTURE MICROENTERPRISE DEVELOPMENT.— 
(i) IN GENERAL.—The Secretary shall 
make grants to microenterprise develop-
ment organizations to— 
(I) provide training, operational 
support, business planning, and mar-
ket development assistance, and other 
related services to urban agriculture 
microentrepreneurs; and 
(II) carry out such other projects 
and activities as the Secretary deter-
mines appropriate to further the pur-
poses of the program. 
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(ii) SELECTION.—In making grants 
under clause (i), the Secretary shall— 
(I) place an emphasis on micro-
enterprise development organizations 
that serve microentrepreneurs that 
are located in areas of concentrated 
poverty with limited access to fresh lo-
cally or regionally grown foods, as de-
termined by the Secretary; and 
(II) ensure, to the maximum ex-
tent practicable, that grant recipients 
include microenterprise development 
organizations— 
(aa) of varying sizes; and 
(bb) that serve racially and 
ethnically diverse populations. 
(B) GRANTS
TO
ASSIST
MICROENTRE-
PRENEURS.— 
(i) IN GENERAL.—The Secretary shall 
make grants to microenterprise develop-
ment organizations to provide marketing, 
management, and other technical assist-
ance to microentrepreneurs that received 
or are seeking a loan from the organization 
under paragraph (3). 
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(ii) MAXIMUM AMOUNT OF GRANT.—A 
microenterprise development organization 
shall be eligible to receive an annual grant 
under this subparagraph in an amount 
equal to not more than 25 percent of the 
total outstanding balance of microloans 
made by the organization under paragraph 
(3), as of the date the grant is awarded. 
(C) 
ADMINISTRATIVE
EXPENSES.—Not 
more than 10 percent of a grant received by a 
microenterprise development organization for a 
fiscal year under this paragraph may be used to 
pay administrative expenses. 
(c) ADMINISTRATION.— 
(1) COST SHARE.— 
(A) FEDERAL
SHARE.—Subject to sub-
paragraph (B), the Federal share of the cost of 
a project funded under this section shall not ex-
ceed 75 percent. 
(B) MATCHING REQUIREMENT.—As a con-
dition of any grant made under this subpara-
graph, the Secretary shall require the microen-
terprise development organization to match not 
less than 15 percent of the total amount of the 
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grant in the form of matching funds, indirect 
costs, or in-kind goods or services. 
(C) FORM OF NON-FEDERAL SHARE.—The 
non-Federal share of the cost of a project fund-
ed under this section may be provided— 
(i) in cash, including through fees, 
grants (including community development 
block grants provided by the Department 
of Housing and Urban Development), and 
gifts; or 
(ii) in the form of in-kind contribu-
tions. 
(2) OVERSIGHT.—At a minimum, not later than 
December 1 of each fiscal year, a microenterprise 
development organization that receives a loan or 
grant under this section shall be required to ensure 
that assistance provided under this section is used 
for the purposes for which the loan or grant was 
made. 
(d) FUNDING.— 
(1) MANDATORY
FUNDING.—Of the funds of 
the Commodity Credit Corporation, the Secretary 
shall use to carry out this section $3,000,000 for fis-
cal year 2022 and each fiscal year thereafter, which 
shall remain available until expended. 
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(2) DISCRETIONARY FUNDING.—In addition to 
amounts made available under paragraph (1), there 
are authorized to be appropriated to carry out this 
section $10,000,000 for fiscal year 2022 and each 
fiscal year thereafter. 
SEC. 202. COMMUNITY FOOD PROJECT GRANT PROGRAM. 
Section 25(b)(2) of the Food and Nutrition Act of 
2008 (7 U.S.C. 2034(b)(2)) is amended— 
(1) in subparagraph (C), by striking ‘‘and’’ at 
the end; 
(2) in subparagraph (D), by striking ‘‘and each 
fiscal year thereafter.’’ and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(E) $15,000,000 for fiscal year 2022 and 
each fiscal year thereafter.’’. 
Æ 
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