Agricultural land easements

Section 1265B(b) of the Food Security Act of 1985 (16 U.S.C. 3865b(b)) is amended— (1) in paragraph (2)— (A) in subparagraph (A), in the matter preceding clause (i), by striking 50 percent and inserting 60 percent, except as provided in subparagraph (B)(ii)(I),; (B) in subparagraph (B)— (i) in clause (i), by striking the eligible entity shall provide a share that is at least equivalent to that provided by the Secretary and inserting 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).; and (ii) in clause (ii)— (I) by striking Secretary, the Secretary and inserting the following: “Secretary— (I) the Secretary; (II) in subclause (I) (as so designated)— (aa) by striking 75 percent and inserting 80 percent; and (bb) by striking the period at the end and inserting; and; and (III) by adding at the end the following: (II) 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).; and (C) by adding at the end the following: (C) Lower cost-share option (i) In general Notwithstanding paragraph (4)(C)(iii), an eligible entity may elect to enter into an agreement under paragraph (4) in which the terms and conditions of the 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).; and (2) by striking paragraph (5) and inserting the following: (5) Certification of eligible entities (A) Certification purpose The purpose of the certification of eligible entities under this paragraph is— (i) to minimize administrative burdens on the Secretary; and (ii) to recognize the ability of experienced eligible entities to carry out the purposes of the program with minimal oversight by the Secretary. (B) Certification process The Secretary shall establish a process under which the Secretary— (i) directly certifies eligible entities that meet established criteria described in subparagraph (C) or (D); (ii) enters into long-term agreements with certified eligible entities; (iii) accepts proposals for cost-share assistance for the purchase of agricultural land easements throughout the duration of such agreements; (iv) allows a certified eligible entity to use its own terms and conditions, notwithstanding paragraph (4)(C), as long as the terms and conditions are consistent with the purposes of the program; (v) may allow a certified eligible entity to include the minimum deed terms established by the Secretary under paragraph (4)(C); and (vi) may allow a certified eligible entity to assist a non-certified eligible entity in the purchase and stewardship of an agricultural land easement. (C) Certification criteria for eligible entities To be certified through the process established under subparagraph (B), an eligible entity shall demonstrate to the Secretary that the eligible entity— (i) will maintain, at a minimum, for the duration of the agreement and the duration of each agricultural land easement acquired under the agreement— (I) a plan for administering agricultural land easements that is consistent with the purpose of the program; (II) the capacity and resources to monitor and enforce agricultural land easements consistent with the purposes of the program; and (III) policies and procedures to ensure— (aa) the long-term integrity of agricultural land easements on eligible land consistent with the purposes of the program; (bb) timely completion of acquisitions of such agricultural land easements; (cc) timely and complete evaluation and reporting to the Secretary on the use of funds provided under the program; and (dd) compliance with program requirements, including timely notification to the Secretary required under the program, such as notifications of de minimis adjustments in accordance with section 1265D(c)(6)(B); and (ii) 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. (D) Expedited certification of public entities and accredited land trusts The Secretary may certify an eligible entity using an expedited certification process under subparagraph (B) if the eligible entity demonstrates that it— (i) is— (I) accredited by the Land Trust Accreditation Commission, or by an equivalent accrediting body, as determined by the Secretary; or (II) a public agency with statutory authority for farm and ranchland protection; (ii) has acquired not fewer than 5 agricultural land easements under the program or any predecessor program; (iii) has 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 (iv) meets the requirements of subparagraph (C)(i). (E) Applicability to regional conservation partnership program The certification of an eligible entity under this paragraph, and the authorities under this paragraph resulting from that certification, shall apply to the establishment by the eligible entity of easements under the regional conservation partnership program under subtitle I. (F) Review; revocation (i) Review (I) In general The Secretary shall conduct a review of eligible entities certified under subparagraph (B) every 3 years to ensure that such entities are meeting the criteria established under subparagraphs (C) and (D). (II) De minimis adjustments Each review under subclause (I) shall include a review of any de minimis adjustments made by each certified eligible entity under section 1265D(c)(6)(B), including a review of whether timely notification of each de minimis adjustment was made to the Secretary in accordance with clause (iii)(I) of that section. (ii) Revocation If the Secretary finds that a certified eligible entity no longer meets the criteria established under subparagraph (C) or (D), as applicable, the Secretary may— (I) allow the certified eligible entity a specified period of time, at a minimum 180 days, in which to take such actions as may be necessary to meet the criteria; and (II) revoke the certification of the eligible entity, if, after the specified period of time, the certified eligible entity does not meet such criteria..