An Act to Increase Land Access for Historically Disadvantaged Populations
Maine Legislature, Session 131, LD 1274
Committee: Agriculture, Conservation and Forestry
Sponsors: HICKMAN, TALBOT ROSS, BRENNER, DUSON, JACKSON, ABDI, DANA, DHALAC, PLUECKER, RANA

Legislative Document
No. 1274
S.P. 511
In Senate, March 21, 2023
An Act to Increase Land Access for Historically Disadvantaged 
Populations
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator HICKMAN of Kennebec.
Cosponsored by Speaker TALBOT ROSS of Portland and
Senators: BRENNER of Cumberland, DUSON of Cumberland, President JACKSON of 
Aroostook, Representatives: ABDI of Lewiston, DANA of the Passamaquoddy Tribe, 
DHALAC of South Portland, PLUECKER of Warren, RANA of Bangor.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  7 MRSA c. 10-E is enacted to read:
CHAPTER 10-E
BLACK FARMER RESTORATION PROGRAM ACT
§320-T.  Short title
This chapter may be known and cited as "the Black Farmer Restoration Program Act."
§320-U.  Definitions
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings.
1.  Agricultural easement.  "Agricultural easement" means a nonpossessory interest 
of a holder in real property limiting the use of the property strictly to agricultural purposes.  
An agricultural easement does not prevent a property owner from constructing, improving 
or maintaining a primary residence or housing for farm workers on the land.
2.  Agricultural land.  "Agricultural land" has the same meaning as in section 32, 
subsection 2.
3.  Eligible individual.  "Eligible individual" means a resident of this State who:
A.  Was born in this State;
B.  Is at least 21 years of age;
C.  Has previously identified as Black or African American; and
D.  Has at least one parent of African ancestry.
4.  Qualified entity.  "Qualified entity" means an organization:
A.  That has a fiscal sponsor who is exempt from taxation pursuant to Section 501(c)(3) 
of the federal Internal Revenue Code of 1986;
B.  That has provided, for a minimum of 3 years, agricultural services, business 
assistance, legal assistance or advocacy services to socially disadvantaged farmers; and
C.  In which at least 1/2 of the members of the organization's board of directors are 
Black.
5.  Socially disadvantaged farmer.  "Socially disadvantaged farmer" means a farmer 
who is a member of a socially disadvantaged group.
6.  Socially disadvantaged group.  "Socially disadvantaged group" means a group of 
people whose members have been subject to racial or ethnic prejudice because of their 
identity as a member of a group without regard to their individual qualities.
§320-V.  Black Farmer Restoration Program
The Black Farmer Restoration Program, referred to in this chapter as "the program," is 
established within the department to support Black farmers and to encourage the growth of 
Black farmers in the field of agriculture.
§320-W.  Black Farmer Restoration Program Fund
The Black Farmer Restoration Program Fund, referred to in this chapter as "the fund," 
is established.  The fund consists of gifts, grants and donations and appropriations made to 
support the program.  Expenditures from the fund must be used exclusively to pay costs, 
fees and expenses necessary to administer the program.
§320-X.  Department responsibilities
The department shall purchase from willing sellers available agricultural land at a price 
no greater than fair market value and convey grants of the purchased land to eligible 
individuals at no cost to the eligible individuals.  A land grant to an eligible individual may 
not exceed 100 acres.
1.  Application.  An eligible individual seeking a land grant shall submit an application 
on a form and in a manner approved by the commissioner.  The application form must 
include a legal description of the agricultural land available under that grant.
2.  Priority.  The commissioner shall give priority to applications from:
A.  Socially disadvantaged farmers;
B.  Eligible individuals with a family history of land dispossession;
C.  Eligible individuals with experience in agriculture, including experience obtained 
through the provisions of this chapter; and
D.  Eligible individuals who are veterans.
3.  Qualified entities.  The commissioner may accept an application submitted by a 
qualified entity on behalf of one or more eligible individuals seeking a land grant.  An 
application submitted by a qualified entity for more than 100 acres must include a proposal 
for how the land will be subdivided and separately conveyed to the multiple eligible 
individuals.
4.  Granted land.  The commissioner shall attach an agricultural easement to a parcel 
of land granted under this chapter before it is conveyed to an eligible individual, socially 
disadvantaged farmer or qualified entity.  The recipient of the land grant may sell the land, 
with the department having the right of first refusal to purchase the land at the appraised 
value of the land for conveyance to another eligible individual, socially disadvantaged 
farmer or qualified entity pursuant to the provisions of this chapter.
§320-Y.  Farm Conservation Corps
1.  Establishment.  The Farm Conservation Corps is established within the department 
to provide residents between the ages of 18 and 29 from socially disadvantaged groups the 
academic, vocational and social skills necessary to pursue long-term and productive careers 
in agriculture through apprenticeships under subsection 2.
2.  Apprenticeship.  Participants in the Farm Conservation Corps under this section 
serve as on-farm apprentices at farms with an annual gross farm income of less than 
$250,000 operated by:
A.  Socially disadvantaged farmers;
B.  Beginning farmers; or
C.  Farmers operating certified organic farms.
The department may not charge a fee to a farm participating in the Farm Conservation 
Corps. 
§320-Z.  Rules
The department shall adopt rules to carry out the purposes of this chapter.  Rules 
adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 
375, subchapter 2-A.
SUMMARY
This bill establishes the Black Farmer Restoration Program within the Department of 
Agriculture, Conservation and Forestry to support Black farmers and to encourage the 
growth of Black farmers in the field of agriculture through agricultural land grants.  The 
bill also establishes the Farm Conservation Corps within the department to provide 
residents between the ages of 18 and 29 from socially disadvantaged groups the academic, 
vocational and social skills necessary to pursue long-term and productive careers in 
agriculture through apprenticeships.