16 U.S.C. § 3865b — Agricultural land easements

(a) The Secretary must facilitate and fund eligible entities’ purchase of agricultural land easements, technical assistance for the program^* (including conservation-plan development under subsection (b)(4)(C)(iv)), and buy-protect-sell transactions. (b)(1) The Secretary protects agricultural use, including grazing, and related conservation values by giving eligible entities cost-share assistance to buy agricultural land easements. (b)(2)(A) An agreement must provide a Federal share set by the Secretary of no more than 50% of the easement’s fair market value, determined using professional appraisal standards, an area-wide market analysis or survey, or another industry-approved method. (b)(2)(B) The entity’s share must be at least equal to the Secretary’s share. For grassland of special environmental significance, the Secretary may provide up to 75% of fair market value. The entity’s share may be cash, a charitable donation or qualified conservation contribution from the landowner, costs of obtaining the deed such as appraisal, survey, inspection, and title costs, or other costs the Secretary determines. (b)(3) The Secretary must establish ranking criteria that maximize Federal investment, emphasizing protection of agricultural uses and conservation values and maximizing protected agricultural areas. The Secretary may adjust criteria for geographic differences if the adjustments serve the program and still maximize Federal investment. The Secretary may prioritize an easement that maintains agricultural viability. If comparable applications achieve the program’s purpose, the Secretary may not rank one higher solely because it costs the program less. (b)(4)(A) The Secretary must make agreements with eligible entities stating the cost-share terms and conditions. (b)(4)(B) An agreement lasts at least five years for an entity certified under paragraph (5), and at least three but no more than five years for other entities. (b)(4)(C) An entity may use its own easement terms if the Secretary finds they serve the program, allow effective enforcement, give the Secretary an enforcement right only when the entity does not enforce the easement, and limit the Secretary’s inspection right to cases where monitoring reports are late or the Secretary has a reasonable, explainable belief of a violation. Before an inspection, the Secretary must notify the entity and landowner and give them a reasonable chance to participate. The terms must require a conservation plan only for highly erodible cropland covered by the easement and must limit impervious surfaces consistently with agricultural activities. (b)(4)(D) Terms may keep the land owned by a farmer or rancher; allow subsurface mineral development under State law only when it has limited localized effects, does not harm agricultural use or conservation values, does not materially change topography, follows a Secretary-approved remediation plan, uses no surface mining, stays within impervious-surface limits, and minimizes impact duration and intensity. Each affected area must be reclaimed and restored when operations stop. Other relevant activities may also be included. (b)(4)(E) The agreement may allow the parties to substitute qualified projects identified when substituted. (b)(4)(F) For a violation, the Secretary may end the agreement and require repayment of all or part of the payments, with appropriate interest. (b)(5)(A) The Secretary must create a process to directly certify entities meeting criteria, make long-term agreements with them, accept cost-share proposals throughout those agreements, and let certified entities use their own terms if consistent with the program. (b)(5)(B) An entity must maintain an administration plan, capacity and resources to monitor and enforce easements, and policies ensuring long-term integrity, timely acquisitions, and complete and timely reporting. It must also be accredited by the Land Trust Accreditation Commission or equivalent; or have acquired at least 10 program or predecessor easements and successfully performed its agreement duties; or be a State agriculture department or other authorized State agency that acquired at least 10 such easements and successfully performed those duties. (b)(5)(C) The Secretary reviews certified entities every three years. If one no longer qualifies, the Secretary may give it at least 180 days to correct the problem and may revoke certification if it fails. (c) Eligible land^* must be enrolled through permanent easements or easements lasting the maximum period allowed by State law. (d) The Secretary may provide requested technical help with easement compliance.