< Back to H.R. 3225 (111th Congress, 2009–2010)

Text of the Community Gardens Act of 2009

This bill was introduced on July 15, 2009, in a previous session of Congress, but was not enacted. The text of the bill below is as of Jul 15, 2009 (Introduced).

Source: GPO

I

111th CONGRESS

1st Session

H. R. 3225

IN THE HOUSE OF REPRESENTATIVES

July 15, 2009

(for himself, Ms. Norton, Mr. Blumenauer, Ms. Matsui, Mr. Moran of Virginia, Mr. Conyers, Ms. Bordallo, Mrs. Christensen, Mr. Moore of Kansas, Mr. Engel, Ms. Kaptur, Mrs. Maloney, Mr. McGovern, Mr. Carson of Indiana, Mr. Grijalva, Ms. Lee of California, Ms. Edwards of Maryland, Ms. Woolsey, and Mr. Cleaver) introduced the following bill; which was referred to the Committee on Agriculture

A BILL

To help provide funds for community gardens, and for other purposes.

1.

Short title

This Act may be cited as the Community Gardens Act of 2009.

2.

Purpose

The purpose of this Act is to establish a program to—

(1)

establish community gardens to enhance the availability of fresh fruits and vegetables and help reduce greenhouse gas emissions;

(2)

promote healthy lifestyles; and

(3)

educate and train the public on the importance and value of community gardening.

3.

Definitions

In this Act:

(1)

The term community garden means a garden for individuals in a local community.

(2)

The term eligible entity means—

(A)

a non-profit organization;

(B)

a public entity;

(C)

a community development organization;

(D)

a Native American or tribal group;

(E)

a technical, educational, or outreach institution;

(F)

a State or local government; or

(G)

a State or local governmental organization.

4.

Grants for Community Gardens

The Secretary of Agriculture (hereinafter in this Act referred to as the Secretary) may make grants, with such terms and conditions as the Secretary determines appropriate, to eligible entities for activities under section 6.

5.

Applications

In order to receive a grant under this Act, an eligible entity shall submit an application in such form and containing such information as the Secretary may require, including the costs associated with a community garden for which the eligible entity will use the grant.

6.

Activities

An eligible entity that receives a grant under this Act may use that grant to engage in activities to establish, build, or operate community gardens. Such activities may include any or all of the following:

(1)

Acquiring any interest in real property.

(2)

Construction.

(3)

Community outreach.

(4)

Operations.

(5)

Any other appropriate activity.

7.

Allocation of grants

In making a grant under this Act, the Secretary shall consider the following:

(1)

Geographic diversity among grantees.

(2)

The number of individuals in a local community that are likely to participate in a community garden.

8.

Grant recipient to ensure timely opening of community garden

(a)

In general

The eligible entity that receives the last grant made under this Act for a community garden shall ensure that the community garden is operational not later than an opening date that is 2 years after the grant, unless the Secretary provides an exception.

(b)

Subsequent grants to violators

The Secretary shall treat as an exception a failure by the eligible entity to ensure that the community garden is operational not later than the opening date if the eligible entity receives a grant under this Act for the community garden on or after the opening date.

9.

Limitation on use of real property acquired with grant

An eligible entity receiving a grant under this Act that acquires an interest in real property for a community garden using the grant shall ensure that the interest in real property is used for the community garden for a period of not less than 10 consecutive years, beginning on the opening date.

10.

Federal share of costs

(a)

In general

A grant under this section may not exceed 80 percent of the costs specified in the application and associated with all community gardens assisted with the grant.

(b)

Eligible entity contributions

An eligible entity may cover any of those costs that are not covered by the grant using cash or an in-kind contribution.