Agricultural land easements

(a) Availability of assistance Section 1265B(a) of the Food Security Act of 1985 (16 U.S.C. 3865b) is amended— (1) in paragraph (1), by striking in eligible land; and inserting on eligible land; and; (2) in paragraph (2), by striking (iv); and and inserting (iii).; and (3) by striking paragraph (3). (b) Cost-Share assistance (1) Scope of assistance available Section 1265B(b)(2) of the Food Security Act of 1985 (16 U.S.C. 3865b(b)(2)) is amended— (A) by amending subparagraph (A) to read as follows: (A) Federal share (i) In general An agreement described in paragraph (4) shall provide for a Federal share determined by the Secretary of an amount not to exceed 65 percent of the fair market value of the agricultural land easement, as determined by the Secretary using— (I) the Uniform Standards of Professional Appraisal Practice; (II) an areawide market analysis or survey; or (III) another industry-approved method. (ii) Socially disadvantaged farmers and ranchers exception In the case of eligible land with respect to which a socially disadvantaged farmer or rancher holds an ownership interest of not less than 50 percent, the Secretary may provide an amount not to exceed 90 percent of the fair market value of the agricultural land easement. (iii) Grasslands exception In the case of grassland of special environmental significance, as determined by the Secretary, the Secretary may provide an amount not to exceed 75 percent of the fair market value of the agricultural land easement.; (B) in subparagraph (B)— (i) by amending clause (i) to read as follows: (i) In general Under the agreement, the eligible entity shall provide a non-Federal share that is equivalent to the remainder of the fair market value of the agricultural land easement not provided by the Secretary under subparagraph (A).; (ii) by striking clause (ii); (iii) by redesignating clause (iii) as clause (ii); and (iv) in clause (ii), as so redesignated, in the matter preceding subclause (I), by striking subparagraph and inserting paragraph; and (C) by inserting after subparagraph (B) the following: (C) Lower cost-share option (i) In general Notwithstanding paragraph (4)(C)(v), an eligible entity may elect to enter into an agreement under paragraph (4) in which the terms and conditions of an agricultural land easement funded under the agreement do not include a right of enforcement for the Secretary if the eligible entity agrees to a Federal share that does not exceed 25 percent of the fair market value of the agricultural land easement, as determined by the Secretary under subparagraph (A). (ii) Minimum terms and conditions Under an agreement described in clause (i), an eligible entity shall be authorized to use its own terms and conditions for agricultural land easements so long as the Secretary determines such terms and conditions— (I) are consistent with the purposes of the program; and (II) permit effective enforcement of the conservation purposes of such easements. (iii) Entity enforcement Under an agreement described in clause (i), the Secretary shall require the terms and conditions for the agricultural land easement to include a right of enforcement for the eligible entity. (iv) Cash contribution Under an agreement described in clause (i), the eligible entity shall provide cash resources in an amount that is not less than 50 percent of the fair market value of the agricultural land easement, as determined by the Secretary under subparagraph (A).. (2) Evaluation and ranking of applications Section 1265B(b)(3) of the Food Security Act of 1985 (16 U.S.C. 3865b(b)(3)) is amended by adding at the end the following: (F) Pooling of applications The Secretary may evaluate and rank applications submitted by eligible entities for the purchase of agricultural land easements from landowners who are socially disadvantaged farmers or ranchers separately from applications submitted for the purchase of agricultural land easements from other landowners.. (3) Agreements with eligible entities Section 1265B(b)(4) of the Food Security Act of 1985 (42 U.S.C. 3865b(b)(4)) is amended— (A) in subparagraph (C)— (i) by striking clause (iii); (ii) by redesignating clauses (iv) and (v) as clauses (iii) and (iv), respectively; (iii) in clause (iii), as so redesignated, by striking the and at the end; (iv) in clause (iv), as so redesignated, by striking the period at the end and inserting;; and (v) by adding at the end the following: (v) include a right of enforcement for the Secretary that— (I) may be used only if the terms and conditions of the easement are not enforced by the eligible entity; and (II) does not extend to a right of inspection unless— (aa) (AA) the holder of the easement fails to provide monitoring reports in a timely manner; or (BB) the Secretary has a reasonable and articulable belief that the terms and conditions of the easement have been violated; and (bb) prior to the inspection, the Secretary notifies the eligible entity and the landowner of the inspection and provides a reasonable opportunity for the eligible entity and the landowner to participate in the inspection; and (vi) include a right of the Secretary to require the transfer of the easement to a different eligible entity if the eligible entity that holds the easement ceases to exist or is no longer eligible to participate in the program, as determined by the Secretary.; and (B) in subparagraph (D)— (i) in clause (ii)— (I) in subclause (I)(ff), by striking (v) and inserting (iv); and (II) in subclause (II), by striking the and at the end; (ii) in subclause (iii), by striking the period at the end and inserting; and; and (iii) by inserting at the end the following: (iv) do not conflict with any minimum terms or conditions under subparagraph (C) that may be required.. (4) Certification of eligible entities Section 1265B(b)(5) of the Food Security Act of 1985 (16 U.S.C. 3865b(b)(5)) is amended— (A) in subparagraph (A)— (i) in the matter preceding clause (i), by striking under which the Secretary may and inserting, to minimize administrative burdens on the Secretary and recognize the ability of experienced eligible entities to administer easements with minimal oversight by the Secretary, under which the Secretary shall; and (ii) in clause (iv), by inserting, and modify, after entity to use; (B) in subparagraph (B)— (i) in clause (ii)— (I) in subclause (II), by striking 10 and inserting 5; and (II) in subclause (III), by striking the or at the end; (ii) in clause (iii)— (I) in subclause (I), by striking 10 and inserting 5; and (II) in subclause (II), by striking the period at the end and inserting; or; (iii) by adding at the end the following: (iv) is an eligible entity not described in clause (ii) or (iii) that has— (I) acquired not fewer than 10 agricultural land easements under the program or any predecessor program; and (II) successfully met the responsibilities of the eligible entity under the applicable agreements with the Secretary, as determined by the Secretary, relating to agricultural land easements that the eligible entity has acquired under the program or any predecessor program.; and (C) in subparagraph (C)— (i) in the header, by striking Review and revision and inserting Review and revocation; (ii) in the header of clause (i) by striking Review and inserting Certified entity review; and (iii) by adding at the end the following: (iii) Easement review The Secretary shall establish and conduct an annual quality review process to— (I) review a sample set of easements acquired by certified eligible entities; (II) ensure the integrity of the easement acquisition process under this section; (III) establish and enforce a process for corrective actions; and (IV) provide for a waiver of successive easement reviews based on demonstrated compliance..

(a) Availability of assistance Section 1265B(a) of the Food Security Act of 1985 (16 U.S.C. 3865b) is amended— (1) in paragraph (1), by striking in eligible land; and inserting on eligible land; and; (2) in paragraph (2), by striking (iv); and and inserting (iii).; and (3) by striking paragraph (3). (b) Cost-Share assistance (1) Scope of assistance available Section 1265B(b)(2) of the Food Security Act of 1985 (16 U.S.C. 3865b(b)(2)) is amended— (A) by amending subparagraph (A) to read as follows: (A) Federal share (i) In general An agreement described in paragraph (4) shall provide for a Federal share determined by the Secretary of an amount not to exceed 65 percent of the fair market value of the agricultural land easement, as determined by the Secretary using— (I) the Uniform Standards of Professional Appraisal Practice; (II) an areawide market analysis or survey; or (III) another industry-approved method. (ii) Socially disadvantaged farmers and ranchers exception In the case of eligible land with respect to which a socially disadvantaged farmer or rancher holds an ownership interest of not less than 50 percent, the Secretary may provide an amount not to exceed 90 percent of the fair market value of the agricultural land easement. (iii) Grasslands exception In the case of grassland of special environmental significance, as determined by the Secretary, the Secretary may provide an amount not to exceed 75 percent of the fair market value of the agricultural land easement.; (B) in subparagraph (B)— (i) by amending clause (i) to read as follows: (i) In general Under the agreement, the eligible entity shall provide a non-Federal share that is equivalent to the remainder of the fair market value of the agricultural land easement not provided by the Secretary under subparagraph (A).; (ii) by striking clause (ii); (iii) by redesignating clause (iii) as clause (ii); and (iv) in clause (ii), as so redesignated, in the matter preceding subclause (I), by striking subparagraph and inserting paragraph; and (C) by inserting after subparagraph (B) the following: (C) Lower cost-share option (i) In general Notwithstanding paragraph (4)(C)(v), an eligible entity may elect to enter into an agreement under paragraph (4) in which the terms and conditions of an agricultural land easement funded under the agreement do not include a right of enforcement for the Secretary if the eligible entity agrees to a Federal share that does not exceed 25 percent of the fair market value of the agricultural land easement, as determined by the Secretary under subparagraph (A). (ii) Minimum terms and conditions Under an agreement described in clause (i), an eligible entity shall be authorized to use its own terms and conditions for agricultural land easements so long as the Secretary determines such terms and conditions— (I) are consistent with the purposes of the program; and (II) permit effective enforcement of the conservation purposes of such easements. (iii) Entity enforcement Under an agreement described in clause (i), the Secretary shall require the terms and conditions for the agricultural land easement to include a right of enforcement for the eligible entity. (iv) Cash contribution Under an agreement described in clause (i), the eligible entity shall provide cash resources in an amount that is not less than 50 percent of the fair market value of the agricultural land easement, as determined by the Secretary under subparagraph (A).. (2) Evaluation and ranking of applications Section 1265B(b)(3) of the Food Security Act of 1985 (16 U.S.C. 3865b(b)(3)) is amended by adding at the end the following: (F) Pooling of applications The Secretary may evaluate and rank applications submitted by eligible entities for the purchase of agricultural land easements from landowners who are socially disadvantaged farmers or ranchers separately from applications submitted for the purchase of agricultural land easements from other landowners.. (3) Agreements with eligible entities Section 1265B(b)(4) of the Food Security Act of 1985 (42 U.S.C. 3865b(b)(4)) is amended— (A) in subparagraph (C)— (i) by striking clause (iii); (ii) by redesignating clauses (iv) and (v) as clauses (iii) and (iv), respectively; (iii) in clause (iii), as so redesignated, by striking the and at the end; (iv) in clause (iv), as so redesignated, by striking the period at the end and inserting;; and (v) by adding at the end the following: (v) include a right of enforcement for the Secretary that— (I) may be used only if the terms and conditions of the easement are not enforced by the eligible entity; and (II) does not extend to a right of inspection unless— (aa) (AA) the holder of the easement fails to provide monitoring reports in a timely manner; or (BB) the Secretary has a reasonable and articulable belief that the terms and conditions of the easement have been violated; and (bb) prior to the inspection, the Secretary notifies the eligible entity and the landowner of the inspection and provides a reasonable opportunity for the eligible entity and the landowner to participate in the inspection; and (vi) include a right of the Secretary to require the transfer of the easement to a different eligible entity if the eligible entity that holds the easement ceases to exist or is no longer eligible to participate in the program, as determined by the Secretary.; and (B) in subparagraph (D)— (i) in clause (ii)— (I) in subclause (I)(ff), by striking (v) and inserting (iv); and (II) in subclause (II), by striking the and at the end; (ii) in subclause (iii), by striking the period at the end and inserting; and; and (iii) by inserting at the end the following: (iv) do not conflict with any minimum terms or conditions under subparagraph (C) that may be required.. (4) Certification of eligible entities Section 1265B(b)(5) of the Food Security Act of 1985 (16 U.S.C. 3865b(b)(5)) is amended— (A) in subparagraph (A)— (i) in the matter preceding clause (i), by striking under which the Secretary may and inserting, to minimize administrative burdens on the Secretary and recognize the ability of experienced eligible entities to administer easements with minimal oversight by the Secretary, under which the Secretary shall; and (ii) in clause (iv), by inserting, and modify, after entity to use; (B) in subparagraph (B)— (i) in clause (ii)— (I) in subclause (II), by striking 10 and inserting 5; and (II) in subclause (III), by striking the or at the end; (ii) in clause (iii)— (I) in subclause (I), by striking 10 and inserting 5; and (II) in subclause (II), by striking the period at the end and inserting; or; (iii) by adding at the end the following: (iv) is an eligible entity not described in clause (ii) or (iii) that has— (I) acquired not fewer than 10 agricultural land easements under the program or any predecessor program; and (II) successfully met the responsibilities of the eligible entity under the applicable agreements with the Secretary, as determined by the Secretary, relating to agricultural land easements that the eligible entity has acquired under the program or any predecessor program.; and (C) in subparagraph (C)— (i) in the header, by striking Review and revision and inserting Review and revocation; (ii) in the header of clause (i) by striking Review and inserting Certified entity review; and (iii) by adding at the end the following: (iii) Easement review The Secretary shall establish and conduct an annual quality review process to— (I) review a sample set of easements acquired by certified eligible entities; (II) ensure the integrity of the easement acquisition process under this section; (III) establish and enforce a process for corrective actions; and (IV) provide for a waiver of successive easement reviews based on demonstrated compliance..