[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8198 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 8198
To reauthorize and improve the relending program to resolve ownership
and succession on farmland, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 1, 2024
Mr. Bishop of Georgia (for himself and Mr. Davis of North Carolina)
introduced the following bill; which was referred to the Committee on
Agriculture
_______________________________________________________________________
A BILL
To reauthorize and improve the relending program to resolve ownership
and succession on farmland, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Heirs Education and Investment to
Resolve Succession of Property Act''.
SEC. 2. REAUTHORIZATION OF THE HEIRS PROPERTY INTERMEDIARY RELENDING
PROGRAM.
Section 310I(g) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1936c(g)) is amended by striking ``2023'' and inserting
``2028''.
SEC. 3. COOPERATIVE AGREEMENTS FOR HEIRS PROPERTY RESOLUTION THROUGH
DIRECT PUBLIC INTEREST LEGAL SERVICES.
Section 310I of the Consolidated Farm and Rural Development Act (7
U.S.C. 1936c) is amended--
(1) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(2) by inserting after subsection (e) the following:
``(f) Cooperative Agreements for Heirs Property Resolution Through
Direct Public Interest Legal Services.--
``(1) In general.--The Secretary shall enter into
cooperative agreements with eligible entities to provide legal
or accounting services to underserved heirs, at no cost to the
underserved heirs, to assist in resolving issues related to
ownership and succession on farmland or forest land that has
multiple owners. Such a cooperative agreement must be for any
of the following purposes:
``(A) To assist with transitioning land to
agricultural production.
``(B) To maintain land in agricultural production.
``(C) To increase access to programs administered
by the Secretary through the resolution of real
property claims in order to allow real property owners
to meet land ownership eligibility requirements for
participation in a program administered by the
Secretary.
``(2) Administration of cooperative agreements.--
``(A) Duration.--
``(i) In general.--A cooperative agreement
under paragraph (1) shall be in effect for not
more than 5 years, subject to clause (ii).
``(ii) Special rule.--The Secretary may re-
enter into a cooperative agreement with the
same or a different eligible entity to provide
continued services for heirs if property
ownership is not resolved within the initial
term of the original cooperative agreement, and
the entity certifies that the entity
understands that the cooperative agreement is
not guaranteed to be funded for more than 5
years after the commencement of the original
cooperative agreement.
``(B) Management of performance.--
``(i) Annual reports.--An eligible entity
must provide annual reports to the Secretary
summarizing the progress made during each
fiscal year towards achieving the goals of the
cooperative agreement for the heirs for whom
services are provided under the cooperative
agreement.
``(ii) Information and data.--The Secretary
may require an eligible entity to provide the
Secretary with such information or data, other
than personally identifiable information or
data, as the Secretary deems necessary to
determine that the eligible entity is making
acceptable progress.
``(iii) Effect of failure to demonstrate
success.--If an eligible entity providing
services under such a cooperative agreement
does not demonstrate success, as determined by
the Secretary, in resolving or reasonably
attempting to resolve the property claims of an
heir, the Secretary may terminate the
agreement, or elect to not enter into a new
cooperative agreement with the eligible entity
after the initial term of the original
cooperative agreement.
``(C) Implementation.--The Secretary may utilize
requests for public input or the formal rulemaking
process to effectuate this subsection. At a minimum,
the Secretary shall make publicly available the
criteria for selecting an eligible entity to enter into
an agreement to provide services, the administrative
and performance requirements for cooperative agreements
under this subsection, as well as codify within its
internal policy its implementation process.
``(D) Heirs property not in farming.--On a limited
basis, and when determined by the Secretary to meet the
purposes of a program administered by the Secretary and
to expand access to such a program, the Secretary may
allow an eligible entity to provide services at no cost
to an heir who is not an underserved heir if--
``(i) the land with respect to which the
services are to be provided is not farmland or
in agricultural production, but could be viably
productive for agricultural, conservation, or
forestry purposes;
``(ii) the heir satisfies all other
requirements of the definition of `underserved
heir';
``(iii) the heir can provide proof to
substantiate that the heir is in control of the
real property; and
``(iv) the heir certifies to the Secretary
that the heir intends to apply for, and make a
good faith effort to enroll the land in, a
program administered by the Secretary once
property claims to the land are resolved
through services provided under a cooperative
agreement entered into under this subsection.
``(3) Definitions.--In this subsection:
``(A) Eligible entity.--The term `eligible entity'
means a nonprofit organization that--
``(i) provides legal or accounting services
to an underserved heir at no cost to the
underserved heir; and
``(ii) has demonstrated experience in
resolving issues related to ownership and
succession on farmland or forest land that has
multiple owners.
``(B) Limited resource heir.--An heir shall be
considered a limited resource heir for purposes of this
subsection if--
``(i) the total household income of the
heir is at or below the national poverty level
for a family of 4, or less than 50 percent of
the county median household income for the 2
immediately preceding calendar years, as
determined annually using data of the
Department of Commerce; or
``(ii) the property of the heir for which
legal services are provided pursuant to a
cooperative agreement entered into under this
subsection is in a persistent poverty
community, as determined annually on the basis
of data from the Department of Commerce, or a
socially vulnerable area, as designated by the
Centers on Disease Control and Prevention.
``(C) Underserved heir.--The term `underserved
heir' means an heir with an undivided ownership
interest in farmland that has multiple owners, who is--
``(i) a limited resource heir;
``(ii) a member of a socially disadvantaged
group (as defined in section 2501(a) of the
Food, Agriculture, Conservation, and Trade Act
of 1990); or
``(iii) a veteran (as defined in section
101(2) of title 38, United States Code).
``(4) Annual reports to congress.--Within 1 year after the
date of the enactment of this subsection, and annually
thereafter, the Secretary shall prepare, make public, and
submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate a written report on the activities
carried out under this subsection in the year covered by the
report.
``(5) Limitations on authorization of appropriations.--
``(A) In general.--To carry out this subsection,
there is authorized to be appropriated to the Secretary
$60,000,000 for each of fiscal years 2024 through 2028.
``(B) Limitation on use of funds for
administration.--The Secretary may expend for
administrative purposes not more than 3 percent of the
amounts made available under subparagraph (A).''.
SEC. 4. ANNUAL REPORT ON OPERATIONS AND OUTCOMES UNDER THE RELENDING
PROGRAM TO RESOLVE OWNERSHIP AND SUCCESSION ON FARMLAND.
Section 310I(g) of the Consolidated Farm and Rural Development Act,
as so redesignated by section 3 of this Act, is amended by striking
``Not later than 1 year after the date of enactment of this section,
the Secretary shall'' and inserting ``The Secretary shall annually''.
SEC. 5. REPORTS ON LAND ACCESS AND FARMLAND OWNERSHIP DATA COLLECTION.
Section 12607(c) of the Agriculture Improvement Act of 2018 (7
U.S.C. 2204i(c)) is amended by striking ``2019 through 2023'' and
inserting ``2024 through 2028''.
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