To amend the Federal Agriculture Improvement and Reform Act of 1996
to improve the farmland protection program. (Introduced in the Senate)
S 333 IS
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. FARMLAND PROTECTION PROGRAM.
Section 388 of the Federal Agriculture Improvement and Reform Act of
1996 (16 U.S.C. 3830 note; Public Law 104-127) is amended to read as follows:
`SEC. 388. FARMLAND PROTECTION PROGRAM.
`(a) DEFINITION OF ELIGIBLE ENTITY- In this section, the term `eligible
entity' means--
`(1) any agency of any State or local government, or federally recognized
Indian tribe; and
`(2) any organization that--
`(A) is organized for, and at all times since its formation has been
operated principally for, 1 or more of the conservation purposes specified
in clause (i), (ii), or (iii) of section 170(h)(4)(A) of the Internal Revenue
Code of 1986;
`(B) is an organization described in section 501(c)(3) of the Code
that is exempt from taxation under section 501(a) of the Code; and
`(C)(i) is described in section 509(a)(2) of the Code of; or
`(ii) is described in section 509(a)(3) of the Code and is controlled
by an organization described in section 509(a)(2) of the Code.
`(b) AUTHORITY- The Secretary of Agriculture shall establish and carry
out a farmland protection program under which the Secretary shall provide
grants to eligible entities, to provide the Federal share of the cost of
purchasing conservation easements or other interests in land with prime,
unique, or other productive soil for the purpose of protecting topsoil
by limiting nonagricultural uses of the land.
`(c) FEDERAL SHARE- The Federal share of the cost of purchasing a conservation
easement or other interest described in subsection (b) shall be not more
than 50 percent.
`(d) TITLE; ENFORCEMENT- Title to a conservation easement or other
interest described in subsection (b) may be held, and the conservation
requirements of the easement or interest enforced, by any eligible entity.
`(e) STATE CERTIFICATION- The attorney general of the State in which
land is located shall take such actions as are necessary to ensure that
a conservation easement or other interest under this section is in a form
that is sufficient to achieve the conservation purpose of the farmland
protection program established under this section, the law of the State,
and the terms and conditions of any grant made by the Secretary under this
section.
`(f) CONSERVATION PLAN- Any land for which a conservation easement
or other interest is purchased under this section shall be subject to the
requirements of a conservation plan to the extent that the plan does not
negate or adversely affect the restrictions contained in any easement.
`(g) TECHNICAL ASSISTANCE- The Secretary may use not more than 10 percent
of the amount that is made available for a fiscal year under subsection
(h) to provide technical assistance to carry out this section.
`(h) FUNDING- For each fiscal year, the Secretary shall use not more
than $55,000,000 of the funds of the Commodity Credit Corporation to carry
out this section.'.