II 118th CONGRESS 1st Session S. 2340 IN THE SENATE OF THE UNITED STATES July 18, 2023 Ms. Smith introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To establish the Increasing Land, Capital, and Market Access Program within the Farm Service Agency Office of Outreach and Education.

1. Short title This Act may be cited as the Increasing Land Access, Security, and Opportunities Act . 2. Increasing Land, Capital, and Market Access Program (a) Definitions In this section: (1) Covered project The term covered project means a project described in subsection (e). (2) Eligible entity (A) In general The term eligible entity means— (i) a State, local, or territorial government; (ii) an Indian Tribe or Tribal organization (as those terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )); (iii) a Native community development financial institution certified by the Secretary of the Treasury; (iv) a community development financial institution (as defined in section 103 of the Community Development Banking and Financial Institutions Act of 1994 ( 12 U.S.C. 4702 )) certified by the Secretary of the Treasury, acting through the Director of the Community Development Financial Institutions Fund established under section 104(a) of that Act ( 12 U.S.C. 4703(a) ); (v) an organization described in paragraph (2) or (3) of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; (vi) a foundation; (vii) a cooperative entity; (viii) an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )); and (ix) any other appropriate partner, as determined by the Secretary. (B) Exclusion The term eligible entity does not include a corporation foreign-based or foreign-owned. (3) Eligible land (A) In general The term eligible land means— (i) agricultural land; (ii) private land; (iii) urban land; (iv) public land, including Federal, State, and municipally-owned or managed land; (v) lands held in common that are controlled and managed by groups of individuals; (vi) lands held in trust; (vii) multiple parcels of land described in any of clauses (i) through (vi) that are noncontiguous; and (viii) public or private shoreline or intertidal zone areas, which may be wholly or partially underwater. (B) Exclusion The term eligible land does not include parcels of land described in subparagraph (A) that are fully forested. (4) Intended beneficiaries The term intended beneficiaries means— (A) historically underserved farmers, ranchers, and forest owners; (B) farmers, ranchers, and forest owners operating in high-poverty areas; and (C) young and beginning farmers. (5) Program The term program means the Increasing Land, Capital, and Market Access Program established under subsection (b). (6) Secretary The term Secretary means the Secretary of Agriculture. (b) Establishment The Secretary shall establish within the Farm Service Agency a competitive program, to be known as the Increasing Land, Capital, and Market Access Program , to make grants to, enter into cooperative agreements with, or provide other capital support to eligible entities to carry out covered projects in accordance with subsection (e). (c) Purpose The purpose of the program is— (1) to strengthen land, capital, and market access for the intended beneficiaries, with the majority of funds directly reaching the intended beneficiaries; and (2) to support projects to— (A) increase land access; (B) prevent land loss; (C) establish innovative ways to connect available land to intended beneficiaries; (D) transition farmland from existing landowners to the next generation; (E) restore land into the hands of those who have been underserved; (F) support farm establishment and long-term viability; and (G) provide appropriate technical assistance related to land, capital, or market access. (d) Selection (1) Application requirements To be eligible to receive assistance under the program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including— (A) information demonstrating that the covered project the eligible entity seeks to carry out is designed— (i) to serve the intended beneficiaries; and (ii) to meet the program purpose; (B) a description of how project activities will support overall farm viability; (C) a description of how project activities will support farmer behavioral and mental health; (D) a plan for notification and consultation with local Tribal governments for the future sale of land, if applicable; (E) an analysis of anticipated benefits to the community and the agricultural economy within the project area; and (F) a plan for evaluation, data management, communication, and reporting of project findings and results. (2) Evaluation and selection of applications (A) Evaluation process The Secretary shall develop a process for evaluating and selecting applications submitted under paragraph (1) in collaboration with the stakeholder committee established under subparagraph (B). (B) Stakeholder committee (i) In general Not later than 180 days after the date of enactment of this Act, the Secretary shall establish and convene a stakeholder committee to provide input on the distribution of funds and the evaluation and selection of applications submitted under paragraph (1). (ii) Consideration The Secretary shall ensure that the stakeholder committee includes perspectives from a diverse range of stakeholders, including diverse representation of geographic distribution and farming models, practices, and purposes. (C) Priority In selecting applications submitted under paragraph (1), the Secretary shall give priority to applications for covered projects that— (i) provide direct financial assistance to intended beneficiaries; (ii) involve a substantial and effective collaborative network or partnership of public or private entities; (iii) increase access to municipal, State, and federally-owned or managed land; (iv) include a right of first refusal for Tribal citizens or governments when land becomes available on or near Tribal communities; (v) involve mechanisms, such as a deed restriction or conservation easement, that restrict the resale value of eligible land to protect the land for agricultural use; (vi) support the transition of agricultural land from existing producers to the next generation; (vii) include assistance to non-English speaking intended beneficiaries in their own language; (viii) include activities under subsection (e) designed to support farmworkers; or (ix) support best practices, as determined by the Secretary, for long-term adoption of consistent, science-based, site-specific practices designed to achieve conservation objectives. (e) Covered projects (1) Required use of funds An eligible entity that receives assistance under the program shall provide direct assistance to intended beneficiaries in order to facilitate access to land, capital, and markets, which may include payments— (A) to acquire real property (including air rights, water rights, and other interests therein), including closing costs; (B) to subsidize interest rates and mortgage principal amounts for intended beneficiaries; (C) to provide down payment assistance to decrease farm mortgages; (D) to secure clear title on heirs' property farmland; (E) to conduct surveys and assessments of eligible land; (F) to improve or remediate land, water, and soil; (G) to construct or repair infrastructure; (H) to support land use planning; (I) to acquire legal or financial planning assistance; (J) to carry out Tribal consultation; (K) to support acquisition of a Department of Agriculture farm number; and (L) for any other activities, as determined by the Secretary. (2) Permissible activities An eligible entity that receives assistance under the program may use the funds— (A) for activities associated with increasing access to markets and capital; (B) to provide direct assistance to intended beneficiaries in assessing, purchasing, acquiring, or retaining eligible land; (C) for activities designed to support farm establishment and long-term viability; (D) to establish a revolving loan fund or other innovative financial mechanism designed for the purpose of increasing land, capital, and market access for intended beneficiaries beyond the initial project timeline; and (E) to provide technical assistance that meets the specific needs of, and is accessible to, the intended beneficiaries, and is related to increasing land, capital, or market access, including— (i) providing services to non-English speaking producers in their own language; (ii) developing and carrying out strategies to identify unique needs and gaps in access, knowledge, and services; and (iii) specialized consultation, training, coaching, capacity building, and mentoring focused on— (I) accessing and purchasing eligible land; (II) understanding Department of Agriculture programs; (III) succession planning; (IV) market planning and risk analysis; (V) cooperative development; (VI) legal and tax issues; (VII) developing business plans and feasibility studies; (VIII) financial planning and recordkeeping; (IX) enterprise, business, and labor management; and (X) any other activities as determined by the Secretary. (3) Subcontract An eligible entity may subcontract with an organization to carry out an activity under paragraph (1) or (2) if the services of the subcontractor are necessary to carry out the activity. (4) Funding mechanism (A) Eligible entities The Secretary shall make funding available under the program to eligible entities in the form of— (i) grants; (ii) cooperative agreements; (iii) capitalization loans, in the case of an activity described in paragraph (2)(D); or (iv) other means, as determined by the Secretary. (B) Intended beneficiaries In carrying out covered projects under the program, an eligible entity shall provide direct assistance to intended beneficiaries in the form of— (i) grants; (ii) loans (both long-term and interim); or (iii) other direct payments or assistance, as determined by the Secretary. (5) Repayment of funds in case of noncompliance An eligible entity that violates the terms or conditions of assistance provided under the program shall reimburse the Secretary for that assistance. (f) Funding (1) Authorization of appropriations There is authorized to be appropriated to carry out the program $100,000,000 for each of fiscal years 2024 through 2028. (2) Administration Of the amounts made available to carry out the program, the Secretary may use an appropriate amount for the costs of implementing and administering the program. (3) Distribution of funds (A) Limitation An eligible entity that receives assistance under the program shall obligate the amounts for a covered project by not later than 5 years after the date on which the funds are made available to the eligible entity, unless the Secretary determines otherwise. (B) Exclusion In the case of a covered project to increase or secure land access opportunities for intended beneficiaries for a period longer than the 5-year period described in subparagraph (A), section 200.311 of title 2, Code of Federal Regulations (or a successor regulation) shall not apply. (C) Maximum award The Secretary may not provide more than 15 percent of the amounts made available to carry out the program for each fiscal year to any single eligible entity.