subpart b—farmland protection program

Codification

Section 2503(a) of Pub. L. 107–171, which directed that subchapter B (this subpart) be added at the end of chapter 2 of the Food Security Act of 1985, was executed by adding subchapter B after subchapter A of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 (subpart A of this part) to reflect the probable intent of Congress and a prior amendment by section 2401 of Pub. L. 107–171, which had added subchapter C (subpart C of this part) at the end of chapter 2 of subtitle D of title XII of the Food Security Act of 1985.

§3838h. Definitions

In this subpart:

(1) Eligible entity

The term "eligible entity" means—

(A) any agency of any State or local government or an Indian tribe (including a farmland protection board or land resource council established under State law); or

(B) any organization that—

(i) is organized for, and at all times since the formation of the organization has been operated principally for, 1 or more of the conservation purposes specified in clause (i), (ii), (iii), or (iv) of section 170(h)(4)(A) of title 26;

(ii) is an organization described in section 501(c)(3) of that title that is exempt from taxation under section 501(a) of that title;

(iii) is described in section 509(a)(2) of that title; or

(iv) is described in section 509(a)(3), and is controlled by an organization described in section 509(a)(2), of that title.

(2) Eligible land

(A) In general

The term "eligible land" means land on a farm or ranch that—

(i)(I) has prime, unique, or other productive soil; or

(II) contains historical or archaeological resources; and

(ii) is subject to a pending offer for purchase from an eligible entity.

(B) Inclusions

The term "eligible land" includes, on a farm or ranch—

(i) cropland;

(ii) rangeland;

(iii) grassland;

(iv) pasture land; and

(v) forest land that is an incidental part of an agricultural operation, as determined by the Secretary.

(3) Indian tribe

The term "Indian tribe" has the meaning given the term in section 450b of title 25.

(4) Program

The term "program" means the farmland protection program established under section 3838i(a) of this title.

(Pub. L. 99–198, title XII, §1238H, as added Pub. L. 107–171, title II, §2503(a), May 13, 2002, 116 Stat. 267.)

§3838i. Farmland protection

(a) In general

The Secretary, acting through the Natural Resources Conservation Service, shall establish and carry out a farmland protection program under which the Secretary shall purchase conservation easements or other interests in eligible land that is subject to a pending offer from an eligible entity for the purpose of protecting topsoil by limiting nonagricultural uses of the land.

(b) Conservation plan

Any highly erodible cropland for which a conservation easement or other interest is purchased under this subpart shall be subject to the requirements of a conservation plan that requires, at the option of the Secretary, the conversion of the cropland to less intensive uses.

(c) Cost sharing

(1) Farmland protection

(A) Share provided under this subsection

The share of the cost of purchasing a conservation easement or other interest in eligible land described in subsection (a) of this section provided under section 3841(d) of this title shall not exceed 50 percent of the appraised fair market value of the conservation easement or other interest in eligible land.

(B) Share not provided under this subsection

As part of the share of the cost of purchasing a conservation easement or other interest in eligible land described in subsection (a) of this section that is not provided under section 3841(d) of this title, an eligible entity may include a charitable donation by the private landowner from which the eligible land is to be purchased of not more than 25 percent of the fair market value of the conservation easement or other interest in eligible land.

(2) Bidding down

If the Secretary determines that 2 or more applications for the purchase of a conservation easement or other interest in eligible land described in subsection (a) of this section are comparable in achieving the purposes of this section, the Secretary shall not assign a higher priority to any 1 of those applications solely on the basis of lesser cost to the farmland protection program established under subsection (a) of this section.

(Pub. L. 99–198, title XII, §1238I, as added Pub. L. 107–171, title II, §2503(a), May 13, 2002, 116 Stat. 268.)

§3838j. Farm viability program

(a) In general

The Secretary may provide to eligible entities identified by the Secretary grants for use in carrying out farm viability programs developed by the eligible entities and approved by the Secretary.

(b) Authorization of appropriations

There are authorized to be appropriated to the Secretary to carry out this section such sums as are necessary for each of fiscal years 2002 through 2007.

(Pub. L. 99–198, title XII, §1238J, as added Pub. L. 107–171, title II, §2503(a), May 13, 2002, 116 Stat. 269.)