Title II — S. 4929 (Introduced in Senate)

Sec. 201 Definitions

In this title:

(1)

Animal feeding operation— The term animal feeding operation means a lot or facility at which—

(A)

for not less than a total of 45 days in any 12-month period, animals (other than aquatic animals) are—

(i)

stabled or confined; and

(ii)

fed or maintained; and

(B)

crops, vegetation, forage growth, or postharvest residues are not sustained in the normal growing season over any portion of the lot or facility.

(2)

Eligible Black individual— The term eligible Black individual means a person who—

(A)

was born in the United States;

(B)

is at least 21 years of age;

(C)

has previously identified as Black or African American; and

(D)

has at least 1 parent of African ancestry.

(3)

Farmer training— The term farmer training means a program that—

(A)

provides eligible Black individuals and other enrollees with the basic skills to operate a farm or ranch profitably with a primary focus on regenerating the soil, ecosystem, and local community;

(B)

provides a course of study that is equivalent to not less than 30 academic credit hours of study, which may be provided as direct in-field instruction;

(C)

is approved by the Undersecretary of the Equitable Land Access Service as an authorized program to meet the farmer training program requirement under section 207(a) for recipients of land grants under section 203(a)(2);

(D)

focuses training on low-capital-intensive techniques and technologies; and

(E)

includes a robust study of local and regional food systems and the market opportunities those systems present.

(4)

Qualified entity— The term qualified entity means—

(A)

an organization—

(i)

(I)

described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under 501(a) of that Code; or

(II)

that has a fiscal sponsor that is an organization described in subclause (I);

(ii)

that has not less than 3 years of experience providing meaningful agricultural, business assistance, legal assistance, or advocacy services to Black farmers or ranchers; and

(iii)

at least 50 percent of the members of the board of directors of which are Black; and

(B)

an 1890 Institution (as defined in section 2 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7601)), including the University of the District of Columbia.

(5)

Secretary— The term Secretary means the Secretary, acting through the Under Secretary of Agriculture for Equitable Land Access.

Sec. 202 Establishment of the Under Secretary of Agriculture for Equitable Land Access and the Equitable Land Access Service

(a)

Establishment— The Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6901 et seq.) is amended by adding at the end the following:

“L Equitable Land Access

“297. Under Secretary of Agriculture for Equitable Land Access

“(a) In general—The Secretary shall establish in the Department the position of Under Secretary of Agriculture for Equitable Land Access.

“(b) Confirmation required—The Under Secretary of Agriculture for Equitable Land Access shall be appointed by the President, by and with the advice and consent of the Senate.

“(c) Functions—The Secretary shall delegate to the Under Secretary of Agriculture for Equitable Land Access the functions of the Department carried out through the Equitable Land Access Service.

“297A. Equitable Land Access Service

“(a) Establishment—There is established in the Department the Equitable Land Access Service.

“(b) Under Secretary—The Equitable Land Access Service shall be headed by the Under Secretary of Agriculture for Equitable Land Access.

“(c) Functions—The Secretary shall carry out through the Equitable Land Access Service title II of the Justice for Black Farmers Act of 2020.”

(b)

Technical and conforming amendments—

(1)

Subtitle A of the Department of Agriculture Reorganization Act of 1994 is amended by redesignating section 225 (7 U.S.C. 6925) as section 224A.

(2)

Section 296(b) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 7014(b)) is amended by adding at the end the following:

“(11) The authority of the Secretary to carry out the amendments made to this Act by the Justice for Black Farmers Act of 2020.”

(3)

Section 5314 of title 5, United States Code, is amended by inserting after the item relating to the Under Secretary of Agriculture for Marketing and Regulatory Programs the following:

Sec. 203 Provision of land grants

(a)

In general— The Secretary shall—

(1)

purchase from willing sellers, at a price not greater than fair market value, available agricultural land in the United States; and

(2)

subject to section 205, convey grants of that land to eligible Black individuals at no cost to the eligible Black individuals.

(b)

Requirement— To the maximum extent practicable, if sufficient applications are submitted by eligible Black individuals, the Secretary shall convey not less than 20,000 land grants to eligible Black individuals under subsection (a)(2) for each of fiscal years 2021 through 2030.

(c)

Maximum acreage— A land grant to an eligible Black individual under subsection (a)(2) shall be not more than 160 acres.

(d)

Applications—

(1)

In general— An eligible Black individual seeking a land grant under subsection (a)(2) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a legal description of the land identified under section 204 of which the eligible Black individual is seeking the grant.

(2)

Qualified entities—

(A)

In general— A qualified entity that receives a grant under section 208 may submit to the Secretary an application under paragraph (1) on behalf of 1 or more eligible Black individuals seeking a land grant under subsection (a)(2).

(B)

Applications to subdivide and convey— If applicable, an application submitted under subparagraph (A) shall include a proposal for how the land will be subdivided and conveyed separately to eligible Black individuals as described in section 204(b).

(e)

Priority— The Secretary shall give priority to applications submitted under subsection (c) for land grants to—

(1)

eligible Black individuals who are currently farmers or ranchers;

(2)

eligible Black individuals with a family history of land dispossession;

(3)

eligible Black individuals with experience in agriculture, including experience obtained through participation in the Farm Conservation Corps established under section 209; and

(4)

eligible Black individuals who are veterans.

(f)

Tax treatment— For purposes of the Internal Revenue Code of 1986, no amount shall be includible in gross income of an eligible Black individual by reason of the receipt of any land grant under this section.

(g)

Funding— There is authorized to be appropriated, and there is appropriated, out of amounts in the Treasury not otherwise appropriated, $8,000,000,000 for each of fiscal years 2021 through 2030 to carry out this section.

Sec. 204 Identification of land

(a)

In general— The Secretary shall refer an eligible Black individual seeking a land grant under section 203 to a qualified entity that receives a grant under section 208 to assist the eligible Black individual in identifying available agricultural land in the United States that is suitable for purchase by the Secretary and conveyance to the eligible Black individual under section 203.

(b)

Subdivisions— In carrying out subsection (a), a qualified entity may assist eligible Black individuals in identifying land described in that subsection that is suitable to be subdivided and conveyed separately to multiple eligible Black individuals under section 203.

Sec. 205 Restrictions on conveyed land

(a)

In general— Before conveying a land grant under section 203(a)(2), the Secretary shall attach to the land an easement requiring that the land be—

(1)

restricted in perpetuity for agricultural use, but with an allowance for constructing or improving and maintaining 1 primary residence and housing for farmworkers on the land; and

(2)

subject in perpetuity to the conservation requirements that—

(A)

an animal feeding operation may not be operated on the land, with the exception that an animal feeding operation with fewer than 299 animal units may be operated during times of the year that outdoor access is not possible due to weather conditions; and

(B)

the land shall be subject to applicable highly erodible land and wetland conservation requirements in effect on the date of enactment of this Act under subtitles B and C of title XII of the Food Security Act of 1985 (16 U.S.C. 3811 et seq.).

(b)

Right of reentry—

(1)

In general— A deed conveying a land grant under section 203(a)(2) shall include a right of reentry for the Secretary if the Secretary—

(A)

determines, after giving notice and a reasonable opportunity for a hearing, that a requirement described in subsection (a) of an easement attached to that land has been violated; and

(B)

determines that the violation has not been remedied within 60 days after the date of the determination under subparagraph (A).

(2)

Expiration— The right of reentry described in paragraph (1) shall expire on the date that is 5 years after the date of conveyance.

(c)

Right of first refusal—

(1)

In general— Beginning on the day after the expiration date described in subsection (b)(2)—

(A)

the recipient of the land grant may sell the land; but

(B)

the Secretary shall have a right of first refusal to purchase the land at the appraised value of the land.

(2)

Delegation— The Secretary may, on a case-by-case basis, delegate the right of first refusal under paragraph (1)(B) to a qualified entity that requests the delegation.

(d)

Requirement— If the Secretary purchases land under subsection (c)(1)(B), the Secretary shall convey the land to another eligible Black individual under section 203(a)(2).

Sec. 206 Eligibility for assistance

(a)

Farm operating loans—

(1)

Eligible Black individuals— Beginning on the date of conveyance of a land grant under section 203(a)(2), the eligible Black individual that receives the land grant shall be eligible for a direct operating loan under subtitle B of the Consolidated Farm and Rural Development Act (7 U.S.C. 1941 et seq.), notwithstanding any borrower eligibility requirements under subparagraph (B) or (D) of section 311(a)(1) of that Act (7 U.S.C. 1941(a)(1)) for such a loan.

(2)

Socially disadvantaged farmers and ranchers— During the 5-year period beginning on the date of enactment of this Act, any socially disadvantaged farmer or rancher shall be eligible for a direct operating loan under subtitle B of the Consolidated Farm and Rural Development Act (7 U.S.C. 1941 et seq.), notwithstanding any borrower eligibility requirements under subparagraph (B) or (D) of section 311(a)(1) of that Act (7 U.S.C. 1941(a)(1)) for such a loan.

(3)

Interest and deferment— In the case of an operating loan under paragraph (1) or (2)—

(A)

the interest rate shall be zero percent for the first 7 years of the term of the loan; and

(B)

the Secretary of Agriculture shall defer payments for the first 24 months.

(b)

Single family home mortgages— Beginning on the date of conveyance of a land grant under section 203(a)(2), the eligible Black individual that receives the land grant shall be eligible for a direct loan under section 502 of the Housing Act of 1949 (42 U.S.C. 1472), notwithstanding any borrower eligibility requirements for such a loan, for the construction or improvement of a single family home on the conveyed land.

(c)

Funding— There are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 2021 through 2030.

Sec. 207 Completion of farmer training program and succession planning

(a)

Required training— As a condition on the receipt of a land grant under section 203(a)(2), any recipient who does not have at least 2 years of prior experience in agriculture shall be required to complete, at no cost, a farmer training program established pursuant to section 208(a)(4).

(b)

Optional training— Any eligible Black individual who has at least 2 years of prior experience in agriculture, and any socially disadvantaged farmer or rancher, may complete, at no cost, a farmer training program established pursuant to section 208(a)(4).

(c)

Succession planning— As a condition on the receipt of a land grant under section 203(a)(2), each recipient shall collaborate with a qualified entity to develop a succession plan.

Sec. 208 Grants for qualified entities

(a)

In general— The Secretary shall establish a program to provide grants to qualified entities to use as operating amounts—

(1)

to support eligible Black individuals in identifying land under section 204, including developing proposals for how land may be subdivided as described in subsection (b) of that section;

(2)

to support eligible Black individuals in acquiring that land through a land grant under section 203(a)(2), including by submitting applications on behalf of eligible Black individuals under section 203(d)(2);

(3)

to support eligible Black individuals in starting up farm operations on that land;

(4)

to provide eligible Black individuals and socially disadvantaged farmers and ranchers with farmer training; and

(5)

to provide other assistance, including legal advocacy, succession planning, and support for the development of farmer cooperatives, to eligible Black individuals and other Black farmers and ranchers.

(b)

Funding— There is authorized to be appropriated, and there is appropriated, out of amounts in the Treasury not otherwise appropriated, $1,000,000,000 for each of fiscal years 2021 through 2030 to carry out this section.

Sec. 209 Farm Conservation Corps

(a)

In general— The Secretary shall establish a civilian conservation corps, to be known as the “Farm Conservation Corps” to provide young adults ages 18 to 29 from socially disadvantaged groups with the academic, vocational, and social skills necessary to pursue long-term, productive careers in farming and ranching.

(b)

Requirement— To the maximum extent practicable, the Secretary shall enroll not fewer than 20,000 young adults in the Farm Conservation Corps pursuant to subsection (a) in each of fiscal years 2021 through 2030.

(c)

Farmworker services— Members of the Farm Conservation Corps shall serve as on-farm apprentices, at no cost, to—

(1)

socially disadvantaged farmers and ranchers, the annual gross farm income of whom is less than $250,000;

(2)

beginning farmers and ranchers, the annual gross farm income of whom is less than $250,000; and

(3)

farmers and ranchers operating certified organic farms (as defined in section 2103 of the Organic Foods Production Act of 1990 (7 U.S.C. 6502)), the annual gross farm income of whom is less than $250,000.

(d)

Duration of participation— An individual shall serve in the Farm Conservation Corps for not more than 2 years.

(e)

Housing and care— The Secretary shall provide to each member of the Farm Conservation Corps, for the duration of the participation—

(1)

housing, subsistence, clothing, medical attention (including hospitalization), and transportation; or

(2)

a cash allowance sufficient for the applicable locality to cover costs described in paragraph (1).

(f)

Compensation— Members of the Farm Conservation Corps shall be paid for their services as a farmworker at a rate consistent with the minimum wage applicable to a nonimmigrant described in section 101(a)(15)(H)(ii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)) for services as a farmworker in the applicable locality.

(g)

Funding— There is authorized to be appropriated, and there is appropriated, out of amounts in the Treasury not otherwise appropriated, $1,000,000,000 for each of fiscal years 2021 through 2030 to carry out this section.

Sec. 210 Annual report to Congress

The Secretary shall submit to Congress and make publicly available annual reports describing data on land grants under this title, including—

(1)

the number of land grants;

(2)

the recipients of land grants;

(3)

the total number of acres of land granted;

(4)

the number of acres of land granted by county; and

(5)

the types of new farming or ranching operations established on the granted land.

Title II — Black Farmer Land Grants

II Black Farmer Land Grants