[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5616 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 5616
To promote and enhance urban agricultural production and agricultural
research in urban areas, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 18, 2014
Ms. Kaptur (for herself, Ms. Fudge, Ms. Moore, Ms. Norton, Ms. Matsui,
Ms. Pingree of Maine, Mr. Ryan of Ohio, Mr. McGovern, Mr. Conyers, and
Mr. Young of Alaska) introduced the following bill; which was referred
to the Committee on Agriculture
_______________________________________________________________________
A BILL
To promote and enhance urban agricultural production and agricultural
research in urban areas, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Urban Agriculture
Production Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Urban agriculture outreach program.
Sec. 4. Covering urban farmers and ranchers under Office of Advocacy
and Outreach.
Sec. 5. Urban agriculture research initiative.
Sec. 6. Amending agriculture programs.
Sec. 7. Improving agricultural reporting.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Dramatic economic, demographic, and land use changes
have created pockets of arable land suitable for agricultural
production in and around urban areas of the United States.
(2) Advances in agricultural practices make production
possible in and around urban areas that were previously
cordoned off from agricultural production.
(3) There is a disconnect between daily urban life and food
production that urban agriculture can help address.
(4) According to the Economic Research Service of the
Department of Agriculture, direct sales of agricultural
products have grown to $1,200,000,000 with 89 percent of all
sales coming from farms in urban metropolitan and adjacent
areas.
(5) It is imperative to ensure that urban agricultural
production remains a viable option to help meet the food
production needs of the future.
SEC. 3. URBAN AGRICULTURE OUTREACH PROGRAM.
(a) Grants Authorized.--The Secretary of Agriculture shall
establish an urban agriculture outreach program under which the
Secretary shall award grants to eligible entities to support outreach
activities for any of the following:
(1) Infrastructure, including distribution systems to
support new or expanded agricultural production in and around
urban areas (as defined in section 226B(a) of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 6934(a))).
(2) Land acquisition and land conversion to support new or
expanded agricultural production in and around urban areas,
including in and around brownfields and other underutilized
tracts of land.
(3) Education and training to enhance agricultural
production in and around urban areas.
(4) Providing assistance to farmers or ranchers in urban
areas with respect to the aggregation of the farmer's or
rancher's products and supplies for purposes of transportation
to market.
(5) Other activities that support urban agricultural
production as determined by the Secretary.
(b) Term of Grant.--
(1) In general.--The term of a grant awarded under this
section shall be not less than one year.
(2) Renewals.--A grant awarded under this section may be
renewed at the discretion of the Secretary.
(c) Priority.--In awarding grants under this section, the Secretary
shall give a preference to eligible entities seeking a grant for
outreach activities to be carried out in historically underserved
communities (as defined by the Secretary).
(d) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) a community organization;
(B) a nonprofit organization;
(C) a municipality;
(D) a local educational agency (as defined in
section 9101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801));
(E) an institution of higher education (as defined
in section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801)); or
(F) any other entity as determined by the Secretary
of Agriculture.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $50,000,000 for fiscal year 2015
and each fiscal year thereafter.
SEC. 4. COVERING URBAN FARMERS AND RANCHERS UNDER OFFICE OF ADVOCACY
AND OUTREACH.
Section 226B of the Department of Agriculture Reorganization Act of
1994 (7 U.S.C. 6934) is amended--
(1) in subsection (a), by adding at the end the following
new paragraphs:
``(4) Urban area.--The term `urban area' means an area
within a Metropolitan Statistical Area (as defined by the
Office of Management and Budget).
``(5) Urban farmer or rancher.--The term `urban farmer or
rancher' means a farmer or rancher who owns or operates a farm
or ranch in an urban area.'';
(2) in subsection (b)(1)--
(A) by redesignating clauses (ii) and (iii) as
clauses (iii) and (iv), respectively; and
(B) by inserting after clause (i) the following new
clause:
``(ii) urban farmers or ranchers;'';
(3) in subsection (c)--
(A) in the matter preceding paragraph (1), by
striking ``and socially disadvantaged farmers or
ranchers'' and inserting ``socially disadvantaged
farmers or ranchers, and urban farmers or ranchers'';
(B) in paragraph (1), by striking ``or socially
disadvantaged'' and inserting ``socially disadvantaged,
or urban'';
(C) in paragraph (5), by striking ``and socially
disadvantaged farmers or ranchers'' and inserting
``socially disadvantaged farmers or ranchers, and urban
farmers or ranchers''; and
(D) in paragraph (6), by inserting ``directly''
after ``programs'';
(4) by redesignating subsection (f) as subsection (g); and
(5) by inserting after subsection (e) the following new
subsection:
``(f) Urban Farmers and Ranchers Group.--
``(1) Establishment.--The Secretary shall establish within
the Office the Urban Farmers and Ranchers Group.
``(2) Membership.--
``(A) In general.--The Urban Farmers and Ranchers
Group shall be composed of--
``(i) seven employees of the Department of
Agriculture, each of whom shall represent a
distinct mission area of the Department; and
``(ii) such other officers or employees of
the United States as the Secretary determines
are necessary.
``(B) Pay.--Officers and employees of the United
States shall not receive additional compensation for
service as a member of the Group.
``(3) Duties.--The Urban Farmers and Ranchers Group shall--
``(A) carry out and administer the urban
agriculture outreach program established under section
3 of the Urban Agriculture Production Act;
``(B) establish and administer an information
clearinghouse on agricultural activities in urban
areas, including best practices;
``(C) consult with public and private groups,
including research institutions, on how to enhance
agricultural production in urban areas; and
``(D) provide technical assistance to urban farmers
and ranchers to assist such farmers and ranchers
(including urban gardeners)--
``(i) in identifying appropriate land,
space, or buildings for lease or purchase;
``(ii) in preparing loan applications,
identifying appropriate funding sources, and by
connecting such farmers and ranchers with loan
officers and other appropriate personnel;
``(iii) in connecting to the network of
farmers' markets throughout the United States;
``(iv) in diversifying the marketing plans
of the farmers' or ranchers' products by
encouraging the formation of community-
supported agriculture groups and direct
wholesale opportunities;
``(v) by providing for business development
and management activities, including
professional development activities;
``(vi) with understanding and navigating
municipal laws, regulations, ordinances, and
policies with respect to obtaining permits,
zoning, and water access;
``(vii) with registering the farming
business of such farmers or ranchers,
satisfying any legal requirements applicable to
such registration (including obtaining licenses
and registrations), and organizing an
appropriate business structure; and
``(viii) in establishing relationships with
a wide range of field partners and in finding
resources to assist such farmers or ranchers
achieve efficient and viable production.''.
SEC. 5. URBAN AGRICULTURE RESEARCH INITIATIVE.
(a) In General.--The Secretary of Agriculture shall award grants,
on a competitive basis, for scientific research on promoting and
enhancing agricultural production in urban areas (as defined in section
226B(a) of the Department of Agriculture Reorganization Act of 1994 (7
U.S.C. 6934(a))), including, with respect to improving production
efficiency, production, and profitability--
(1) marketing new innovations and technologies;
(2) methods to protect crops and agricultural products from
pests and disease;
(3) methods to enhance food safety related to production;
and
(4) other research areas the Secretary determines are
appropriate.
(b) Report to Congress.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit to the Committee
on Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate, and make publicly
available on the Internet site of the Department of Agriculture, a
report summarizing the research conducted under subsection (a).
(c) Funding.--Of the funds of the Commodity Credit Corporation, the
Secretary shall make available to carry out this section $20,000,000
for each of fiscal years 2015 through 2018.
SEC. 6. AMENDING AGRICULTURE PROGRAMS.
(a) Expansion of the Farmers' Market Promotion Program.--
(1) Promotion program establishment.--Section 6(a) of the
Farmer-to-Consumer Direct Marketing Act of 1976 (7 U.S.C.
3005(a)) is amended--
(A) by inserting ``, loans, or loan guarantees''
after ``make grants'';
(B) by inserting ``or activities'' after
``projects''; and
(C) by striking ``development of local food
business enterprises.'' and inserting the following:
``development of local food business enterprises,
including--
``(1) projects for the construction of new farmers'
markets;
``(2) projects for the improvement or rehabilitation of
existing farmers' markets;
``(3) projects for the acquisition of equipment for
farmers' markets and other infrastructure needs;
``(4) projects for the purchase, acquisition, and
rehabilitation of land or property for use as a farmers'
market;
``(5) activities carried out through agri-tourism
initiatives;
``(6) marketing and advertising activities;
``(7) transportation and delivery activities;
``(8) education and outreach and activities to encourage
farmers' markets participation in Federal and State food and
nutrition assistance programs;
``(9) business development and management activities,
including professional development activities;
``(10) projects for the establishment of satellite
locations of existing farmers' markets designed to increase
sales in areas not easily accessible through traditional
transportation; and
``(11) activities carried out through planning and
feasibility initiatives for new or expanding farmers'
markets.''.
(2) Purposes.--Section 6 of the Farmer-to-Consumer Direct
Marketing Act of 1976 (7 U.S.C. 3005) is amended--
(A) by striking subsection (b); and
(B) by redesignating subsections (c), (d), and (e)
as subsections (b), (c), and (d), respectively.
(3) Eligibility.--Subsection (b) of section 6 of the
Farmer-to-Consumer Direct Marketing Act of 1976 (7 U.S.C. 3005)
(as so redesignated) is amended--
(A) in the matter preceding paragraph (1), by
inserting ``, loan, or loan guarantee'' after
``grant'';
(B) by striking paragraph (1) and inserting the
following new paragraph:
``(1) a State government agency;'';
(C) in paragraph (2), by inserting ``agency'' after
``government'';
(D) by striking paragraphs (4) and (5);
(E) by inserting after paragraph (3) the following
new paragraph:
``(4) an operator of a farmers' market;''; and
(F) by redesignating paragraphs (6) and (7) as
paragraphs (5) and (6), respectively.
(4) Priorities.--Subsection (d)(1) of section 6 of the
Farmer-to-Consumer Direct Marketing Act of 1976 (7 U.S.C.
3005), as redesignated by paragraph (2)(B), is amended by
inserting ``or an urban area (as defined in section 226B(a) of
the Department of Agriculture Reorganization Act of 1994 (7
U.S.C. 6934(a)))'' after ``regionally grown foods''.
(5) Interest rate; application; condition.--Section 6 of
the Farmer-to-Consumer Direct Marketing Act of 1976 (7 U.S.C.
3005), as amended by paragraph (2), is further amended--
(A) by redesignating subsections (f) and (g) as
subsections (h) and (i), respectively; and
(B) by inserting after subsection (d) (as
redesignated by paragraph (2)(B)) the following new
subsections:
``(e) Interest Rate.--
``(1) In general.--The interest rate on a loan under this
section (other than a loan guarantee under this section) shall
be as determined by the Secretary, but not less than such rate
as determined by the Secretary of the Treasury taking into
consideration the current average market yield on outstanding
marketable obligations of the United States with remaining
periods to maturity comparable to the maturities of such loan,
as determined by the Secretary of the Treasury on the date the
loan is made.
``(2) Duration.--The interest rate for each loan under this
section shall remain in effect for the term of the loan.
``(f) Application.--An eligible entity seeking a grant, loan, or
loan guarantee under this section shall submit to the Secretary an
application in such time and in such manner and containing such
information as the Secretary may require, including documentation
demonstrating the financial need of the entity.
``(g) Condition.--As a condition of receiving a grant, loan, or
loan guarantee under this section, a recipient of such a grant, loan,
or loan guarantee shall certify that the recipient will reserve, for
the sale of locally produced food products (as determined by the
Secretary) produced by farmers, ranchers, or aquaculture, mariculture,
or fisheries operators, or by associations of farmers, ranchers, or
those operators, not less than 50 percent of the floor area of a
farmers' market--
``(1) that is operated or facilitated by the recipient; and
``(2) with respect to which grant or loan funds will be
used.''.
(6) Funding.--Subsection (i) of section 6 of the Farmer-to-
Consumer Direct Marketing Act of 1976 (7 U.S.C. 3005) (as
redesignated by paragraph (4)) is amended--
(A) in paragraph (1)--
(i) in subparagraph (C), by striking
``and'' at the end;
(ii) in subparagraph (D), by striking
``each of fiscal years 2014 through 2018.'' and
inserting ``fiscal year 2014; and''; and
(iii) by adding at the end the following
new subparagraph:
``(E) $50,000,000 for each of fiscal years 2015
through 2018.'';
(B) by striking paragraph (4) and inserting the
following new paragraph:
``(4) Use of funds.--
``(A) EBT.--Not less than 10 percent of the funds
used to carry out this section in a fiscal year under
paragraph (1) or (3) shall be used to support the use
of electronic benefits transfers for Federal nutrition
programs at farmers' markets.
``(B) Grants.--Not less than 70 percent of the
funds made available to carry out this section in a
fiscal year shall be used to make grants to eligible
entities.''; and
(C) in paragraph (5)--
(i) in the heading, by inserting
``technical assistance and'' before
``administrative expenses''; and
(ii) by inserting ``to provide technical
assistance or'' before ``for administrative
expenses''.
(b) Extension of and Additional Funding for Seniors Farmers' Market
Nutrition Program.--
(1) Extension of program.--Section 4402(a) of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 3007(a)) is
amended to read as follows:
``(a) Establishment.--The Secretary of Agriculture shall use funds
available to the Commodity Credit Corporation to carry out and expand a
seniors farmers' market nutrition program in the following amounts:
``(1) For fiscal year 2015, $25,000,000.
``(2) For fiscal year 2016, $50,000,000.
``(3) For fiscal year 2017, $75,000,000.
``(4) For each of fiscal years 2018 through 2020,
$100,000,000.''.
(2) Purposes.--Section 4402(b)(1) of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 3007(b)(1)) is amended--
(A) by striking ``unprepared'' and inserting
``minimally processed''; and
(B) by striking ``and herbs'' and inserting
``herbs, and other locally produced farm products, as
the Secretary considers appropriate,''.
(3) Administrative costs; unexpended funds.--Section 4402
of the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
3007) is amended by adding at the end the following:
``(h) Administrative Costs.--Not more than 10 percent of the funds
made available for a fiscal year under subsection (a) may be used to
pay administrative costs incurred in carrying out this section.
``(i) Unexpended Funds.--To the extent the funds made available
under subsection (a) for a fiscal year are not expended in that fiscal
year, the Secretary shall use such funds in a subsequent fiscal year
for the same purpose.
``(j) Priorities.--In providing funds made available under this
section, the Secretary shall give priority to farmers' markets that
have an operational seniors farmers' market program and to seniors
farmers' markets programs in historically underserved communities (as
defined by the Secretary).''.
(c) Community Food Projects.--Section 25 of the Food and Nutrition
Act of 2008 (7 U.S.C. 2034) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (B)--
(i) in clause (i)--
(I) by striking ``(i)(I)'' and
inserting the following:
``(A)(i)'';
(II) by striking ``(II)'' and
inserting the following:
``(ii)''; and
(III) by striking ``(III)'' and
inserting the following:
``(iii)''; and
(ii) in clause (ii)--
(I) by striking ``(ii)(I)'' and
inserting the following:
``(B)(i)'';
(II) by striking ``(II)'' and
inserting the following:
``(ii)''; and
(III) by striking ``(III)'' and
inserting the following:
``(iii)''; and
(B) by striking ``that--'' and all that follows
through ``(B) is'' and inserting ``that is--''; and
(2) in subsection (b)(2)(C), by striking ``$9,000,000'' and
inserting ``$10,000,000''.
SEC. 7. IMPROVING AGRICULTURAL REPORTING.
(a) Evaluation of Farmers' Markets in Census of Agriculture.--
Section 2(a) of the Census of Agriculture Act of 1997 (7 U.S.C.
2204g(a)) is amended by adding at the end the following new paragraph:
``(3) Inclusion of farmers' markets.--Effective beginning
with the first census of agriculture conducted after the date
of the enactment of the Urban Agriculture Production Act, the
Secretary shall include as part of each census of agriculture--
``(A) an evaluation of the state of farmers'
markets in the United States, including information
regarding the size, location, operational capacity, and
geographic dispersion of farmers' markets and types of
food products sold (both in terms of product diversity
and sales locations) through farmers' markets; and
``(B) an analysis of the economic impact of
farmers' markets, including the success of Federal
programs in promoting and supporting farmers'
markets.''.
(b) Coordinated Annual Report on Farmers' Markets.--Beginning on
the date that is 90 days after the date of the enactment of this Act
and each year thereafter, the Secretary of Agriculture shall submit to
Congress and publish on the Internet site of the Department of
Agriculture a report on the status of farmers' markets in the United
States. Such report shall include with respect to farmers' markets in
the United States for each year, the following information:
(1) The number of farmers' markets.
(2) The number of farmers' markets established during such
year except that for the first year a report is submitted under
this section, the report shall include the number of farmers'
markets for the five years immediately preceding the first
reporting year.
(3) The economic value of an average farmers' market.
(4) The type of governmental assistance provided to
farmers' markets.
(5) The products that are typically sold at farmers'
markets.
(6) The number of farmers' markets that accept as a form of
payment benefits distributed through--
(A) the supplemental nutrition assistance program
established under the Food and Nutrition Act of 2008 (7
U.S.C. 2011 et seq.);
(B) the seniors farmers' market nutrition program
established under section 4402 of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 3007);
(C) the special supplemental nutrition program for
women, infants, and children established under section
17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786);
and
(D) any other Federal or State nutrition assistance
program as determined appropriate by the Secretary.
(7) The methods through which farmers' markets process the
forms of payment described in paragraph (6).
(8) The average income of a farmers' market operator.
(9) The average profit of a farmers' market operator.
(10) The average expense of a farmers' market operator.
(11) Other occupations of operators of farmers' markets.
(12) The percentage of food at farmers' markets that is
locally produced.
(13) Any other information related to farmers' markets in
the United States that the Secretary determines is important to
promote and enhance the use of farmers' markets.
(c) Report on Status of Agricultural Production in and Around Urban
Areas.--Not later than 90 days after the date of the enactment of this
Act and not later than 90 days after the end of each fiscal year
thereafter, the Secretary of Agriculture shall submit a report to
Congress (and make such report publicly available electronically) on
the status of agricultural production in urban areas (as defined in
section 226B(a) of the Department of Agriculture Reorganization Act of
1994 (7 U.S.C. 6934(a))). The report shall include--
(1) with respect to agricultural production in urban areas,
information on--
(A) the percentage and economic value of such
production;
(B) the most popular type of agricultural activity
in which individuals are engaged in such production;
(C) the most recent best practices for such
production;
(D) the type of agricultural products marketed and
sold through such production; and
(E) the progress made toward strengthening local
food systems in carrying out such production;
(2) an analysis of local government regulations, including
zoning, that have supported or could support sustainable
agricultural production in urban areas; and
(3) recommendations on how to further agricultural
production in urban areas.
(d) Performance Goals.--The Secretary of Agriculture shall
incorporate promoting and enhancing agricultural production in urban
areas into the Department of Agriculture performance goals established
in the agency performance plan under section 1115 of title 31, United
States Code, and updated in accordance with section 1116 of such title.
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