[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3212 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 3212
To amend the Rural Electrification Act of 1936 to establish a last acre
program, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 6, 2025
Mr. Finstad (for himself and Mr. Costa) introduced the following bill;
which was referred to the Committee on Agriculture, and in addition to
the Committee on Energy and Commerce, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Rural Electrification Act of 1936 to establish a last acre
program, 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 ``Linking Access to Spur Technology
for Agriculture Connectivity in Rural Environments Act of 2025'' or the
``LAST ACRE Act of 2025''.
SEC. 2. LAST ACRE PROGRAM.
(a) Amendment.--Title VI of the Rural Electrification Act of 1936
(7 U.S.C. 950bb et seq.) is amended by adding at the end the following:
``SEC. 607. LAST ACRE PROGRAM.
``(a) Purposes.--The purposes of this section are--
``(1) to advance precision agriculture connectivity
nationwide; and
``(2) to augment last mile broadband deployment for
agricultural producers by expanding high-speed internet access
across the last acre.
``(b) Definitions.--In this section:
``(1) Broadband internet access service.--The term
`broadband internet access service' has the meaning given the
term in section 8.1(b) of title 47, Code of Federal Regulations
(or any successor regulation).
``(2) Broadband maps.--The term `broadband maps' means any
map created under--
``(A) section 802(c)(1) of the Communications Act
of 1934 (47 U.S.C. 642(c)(1)); or
``(B) section 60105 of the Infrastructure
Investment and Jobs Act (47 U.S.C. 1704).
``(3) Commission.--The term `Commission' means the Federal
Communications Commission.
``(4) Configuration management plan.--The term
`configuration management plan', with respect to a covered
provider, means a comprehensive description of the roles,
responsibilities, policies, and procedures intended to improve
the integrity of the systems and networks of the covered
provider.
``(5) Covered producer.--
``(A) In general.--The term `covered producer'
means a person or entity that is directly engaged in
the production of agricultural products, including
crops or livestock, on eligible land that is unserved
or underserved, such that a majority of the gross
income of the person or entity is derived from those
products.
``(B) Inclusion.--The term `covered producer'
includes agricultural research centers of the
Agricultural Research Service.
``(6) Covered provider.--The term `covered provider'
means--
``(A) with respect to the provision of qualified
connectivity to eligible land, a provider of broadband
internet access service; or
``(B) with respect to the provision of wireless
solutions using or extending the range of network
connectivity, a provider of wireless equipment or
communications services, in association with an entity
described in subparagraph (A).
``(7) Eligible land.--The term `eligible land' means
cropland, grassland, rangeland, pastureland, farm sites, and
other agricultural land used for the active production of
agricultural commodities or livestock.
``(8) Farm site.--The term `farm site' means a portion of
land contiguous to land actively devoted to agricultural
production and that includes improvements that are agricultural
or horticultural in nature.
``(9) Limited resource farmer or rancher.--
``(A) In general.--Subject to subparagraphs (B) and
(C), the term `limited resource farmer or rancher'
means a covered producer--
``(i) with direct or indirect gross farm
sales in each of the previous 2 years of not
more than $100,000, as adjusted for changes in
inflation since 2002 using the Prices Paid by
Farmer Index compiled by the National
Agricultural Statistics Service; and
``(ii) that has a total household income
that is--
``(I) at or below the national
poverty level for a family of 4; or
``(II) less than 50 percent of the
county median household income in each
of the previous 2 years.
``(B) Documentation.--For purposes of determining
if a covered producer is a limited resource farmer or
rancher, the Secretary may require the submission of
sufficient documentation to verify the status of the
covered producer.
``(C) Exclusion.--For purposes of this paragraph,
the term `covered producer' does not include the
agricultural research centers described in paragraph
(5)(B).
``(10) Precision agriculture.--The term `precision
agriculture' means managing, tracking, or reducing crop or
livestock production inputs, including seed, feed, fertilizer,
chemicals, water, and time, at a heightened level of spatial
and temporal granularity to improve efficiencies, reduce waste,
and maintain or improve environmental quality.
``(11) Qualifying connectivity.--
``(A) In general.--The term `qualifying
connectivity' means the service offered by a covered
provider as a result of assistance under subsection (c)
that--
``(i) is capable of a speed of not less
than--
``(I) a 100-Mbps downstream
transmission capacity; and
``(II) a 20-Mbps upstream
transmission capacity; and
``(ii) carries out not less than 1 of the
activities described in subparagraph (B).
``(B) Activities described.--The activities
referred to in subparagraph (A)(ii) are--
``(i) providing broadband internet access
service by any technology to structures and
devices on eligible land, including tractors,
combines, irrigation systems, drones, under-
soil sensors, livestock facilities, and farm
offices;
``(ii) providing multipoint wireless
network connectivity that facilitates data
transmission between structures and devices on
eligible land, including structures and devices
described in clause (i); and
``(iii) supporting--
``(I) the construction of wireless
infrastructure, including poles,
towers, base stations, or other
structures, regardless of whether the
structure has an existing antenna
facility, that is used or will be used
for the provision of wireless service;
or
``(II) the retrofitting of existing
towers or vertical structures, such as
water towers, grain elevators, or
center pivots, to accommodate wireless
infrastructure.
``(12) Remote area.--The term `remote area' means the
frontier and remote ZIP Code areas published by the Economic
Research Service.
``(13) Underserved.--The term `underserved' means, with
respect to eligible land, that the eligible land lacks access
to broadband internet access service that is capable of a speed
of not less than--
``(A) a 100-Mbps downstream transmission capacity;
and
``(B) a 20-Mbps upstream transmission capacity.
``(14) Unserved.--The term `unserved' means, with respect
to eligible land, eligible land that lacks access to broadband
internet access service that is capable of a speed of not less
than--
``(A) a 25-Mbps downstream transmission capacity;
and
``(B) a 3-Mbps upstream transmission capacity.
``(c) Establishment.--
``(1) In general.--Not later than 1 year after the date of
enactment of this section, the Secretary shall establish a
program, to be known as the `Last Acre Program', to make grants
and loans to covered providers on a competitive basis to
provide qualifying connectivity to unserved and underserved
eligible land.
``(2) Limitation.--Of the amounts made available under
subsection (k) for a fiscal year for assistance under paragraph
(1), the Secretary may award not more than 10 percent to
agricultural research centers described in subsection
(b)(5)(B).
``(d) Use of Funds.--
``(1) Cybersecurity.--The Secretary may allow a covered
provider to use a portion of the assistance provided to the
covered provider under subsection (c), as necessary, to address
the cybersecurity requirements under subsection (g).
``(2) Prohibition.--The Secretary shall not award any
assistance under subsection (c) for broadband internet access
service--
``(A) to an inhabitable residence that is
identified as serviceable or as to be served due to an
enforceable commitment to deploy on the broadband maps;
or
``(B) on a commercial basis to surrounding areas
outside the eligible land.
``(3) Federal share.--
``(A) In general.--Except as provided in
subparagraph (B), the Federal share of a project
carried out using assistance under subsection (c) shall
be not more than 80 percent of the total cost of the
project.
``(B) Limited resource farmers or ranchers.--The
Secretary may increase the Federal share of the costs
described in subparagraph (A) to 90 percent if the
covered producer of the applicable eligible land is a
limited resource farmer or rancher.
``(e) Bid Applications.--
``(1) In general.--To apply for assistance under subsection
(c), a covered provider shall submit to the Secretary an
application in such manner and containing such information as
the Secretary may require, including--
``(A) the measures by which the covered producer
has engaged with the covered provider to identify the
appropriate qualifying connectivity plan to serve the
eligible land of the covered producer;
``(B) a description of how the assistance provided
under subsection (c) would be used to establish
qualifying connectivity on the unserved or underserved
eligible land of a covered producer, including the
entire acreage in need of qualifying connectivity;
``(C) the amount of the Federal share for the
project and the amount of the non-Federal share for the
project;
``(D) whether the covered provider is capable of
carrying out the specific funded activities in
compliance with all Federal, State, and local laws;
``(E) whether the covered provider has the
financial and managerial capacity to meet the specific
commitments contained in the application, including
buildout obligations;
``(F) whether the covered provider has the
technical and operational capability to construct and
operate broadband networks;
``(G) whether the eligible land of the covered
producer--
``(i) is unserved or underserved; and
``(ii) is not subject to an enforceable
commitment to deploy broadband by the applicant
or another covered provider, as determined
according to the broadband maps; and
``(H) any additional information that the Secretary
determines necessary to ensure the effective function
of the program under this section.
``(2) Registration of covered providers.--
``(A) In general.--Not later than the date on which
the Secretary establishes the program under this
section pursuant to subsection (c), the Secretary shall
create an online portal within which covered providers
may register voluntarily with the Secretary for
purposes of the program under this section.
``(B) Registration requirements.--To register with
the Secretary under subparagraph (A), the Secretary
shall require a covered provider to submit the minimum
amount of information necessary for the covered
provider to demonstrate to the Secretary that the
covered provider--
``(i) is capable of carrying out activities
for which assistance is provided under
subsection (c) in compliance with all
applicable Federal, State, and local laws;
``(ii) has the financial and managerial
capacity to meet commitments necessary to carry
out the projects for which assistance is
received under subsection (c); and
``(iii) has the technical and operational
capability--
``(I) to construct and operate
broadband networks; and
``(II) to meet the requirement
described in paragraph (1) of
subsection (g) and provide the
cybersecurity certification required
under paragraph (2) of that subsection.
``(C) Prohibitions.--In registering covered
providers under subparagraph (A), the Secretary shall
not--
``(i) require a covered provider to provide
any proprietary business information for
purposes of registering under that
subparagraph; or
``(ii) require a covered provider to
participate in the program under this section.
``(D) Public availability.--The Secretary may make
a list of covered providers registered under
subparagraph (A) publicly available.
``(3) Bidding.--
``(A) In general.--After the Secretary receives a
complete initial bid application under paragraph (1),
the Secretary shall allow covered providers registered
under paragraph (2)(A) that operate contiguous to,
near, or partially on the eligible land that is the
subject of the initial bid application to submit
competing bid applications for the proposed service
area.
``(B) Notification to covered providers.--Not less
frequently than once every 30 days, the Secretary
shall--
``(i) post on an internet website of the
Secretary that is accessible to covered
providers the necessary identifying information
of eligible land contained in a complete
initial bid application; and
``(ii) not later than 24 hours after the
time at which the information described in
clause (i) is posted, send notice of that post
to covered providers registered under paragraph
(2)(A) by electronic mail.
``(C) Challenges.--
``(i) In general.--Not later than 45
business days after the date on which the
Secretary posts the information described in
subparagraph (B)(i), a covered provider may
submit to the Secretary notice of a challenge
of any posted eligible land at which--
``(I) the qualifying connectivity
of the covered provider is available to
the entire portion of land in the
initial bid application without
assistance under subsection (c);
``(II) the covered provider could
initiate qualifying connectivity
through a routine installation within
10 business days of a request with no
extraordinary monetary charges or
delays attributable to the extension of
the netwo