16 U.S.C. § 3865a — Definitions

In this subchapter: (1) “Agricultural land easement” means an easement or other interest in eligible land conveyed to protect natural resources and the agricultural nature of the land. It must allow the landowner to continue agricultural production and related uses. (2) “Buy-protect-sell transaction” means a legal arrangement between an eligible entity and the Secretary about land that the entity owns or will buy before an agricultural land easement is acquired. The entity must certify that it will hold the easement but transfer ownership to a farmer or rancher who is not an eligible entity. It may transfer ownership before or when the easement is acquired, or in a timely manner no later than three years after the easement is acquired. The entity must make the initial sale subject to the easement for no more than the land’s agricultural value plus reasonable holding and transaction costs the Secretary determines. If the entity fails to transfer ownership as required, it must reimburse the Secretary for the entire Federal share of the easement’s cost. The Secretary may allow a later transfer if the Secretary determines that an extension is justified. (3) “Eligible entity” means a State or local government agency or an Indian tribe, including a farmland protection board or land resource council established under State law. It also means an organization that is organized for, and has operated principally for since it was formed, one or more conservation purposes specified in section 170(h)(4)(A)(i) through (iv) of title 26; is described in section 501(c)(3) of title 26 and exempt from tax under section 501(a) of title 26; or is described in section 509(a)(1) or (2) of title 26, or in section 509(a)(3) and controlled by an organization described in section 509(a)(2) of title 26. (4) “Eligible land” means private or tribal land that meets the applicable conditions. For an agricultural land easement, it means agricultural land, including land on a farm or ranch, that is subject to a pending offer to an eligible entity or a buy-protect-sell transaction; and that has prime, unique, or other productive soil, contains historical or archaeological resources, would have its grazing uses and related conservation values protected by enrollment, or would further a consistent State or local policy. It must also be cropland; rangeland; grassland, land containing forbs, or shrubland for which grazing is the predominant use; land in an area historically dominated by grassland, forbs, or shrubs that could provide habitat for animal or plant populations of significant ecological value; pastureland; or nonindustrial private forest land that contributes to the economic viability of the offered parcel or serves as a buffer protecting that land from development. For a wetland reserve easement, it means a wetland or related area, including farmed or converted wetlands with adjacent functionally dependent land, if the Secretary determines the land is likely to be restored successfully and cost-effectively and will maximize wildlife benefits and wetland functions and values. It also includes cropland or grassland used for agricultural production before flooding from the natural overflow of a closed-basin lake or pothole, with the specified adjacent functionally dependent land and, for a closed-basin lake, a 50-percent State or other-entity cost share. It includes farmed wetlands and adjoining lands enrolled in the conservation reserve program that have the highest wetland functions and values as determined by the Secretary and are likely to return to production after leaving that program. It includes riparian areas that link wetlands protected by easements or by another device that achieves the same purpose as an easement. It also includes other wetlands that would otherwise be ineligible if the Secretary determines that including them would significantly add to the easement’s functional value. For either type of easement, it includes other land incidental to qualifying land if the Secretary determines that it is necessary for efficient administration of an easement under the program. (5) “Monitoring report” means a report prepared by the holder of an agricultural land easement that accurately documents whether the land subject to the easement complies with its terms and conditions. (6) “Program” means the agricultural conservation easement program established by this subchapter. (7) “Wetland reserve easement” means a reserved interest in eligible land that is defined and delineated in a deed. The deed states the rights, title, and interests conveyed to the Secretary and the rights, title, and interests reserved to the landowner.