206 
‘‘(1) AGRICULTURAL
LAND
EASEMENT.—The 
term ‘agricultural land easement’ means an ease-
ment or other interest in eligible land that— 
‘‘(A) is conveyed for the purpose of pro-
tecting natural resources and the agricultural 
nature of the land; and 
‘‘(B) permits the landowner the right to 
continue agricultural production and related 
uses subject to an agricultural land easement 
plan, as approved by the Secretary. 
‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en-
tity’ means— 
‘‘(A) an agency of State or local govern-
ment or an Indian tribe (including a farmland 
protection board or land resource council estab-
lished under State law); or 
‘‘(B) an organization that is— 
‘‘(i) 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 the Internal Revenue Code 
of 1986;
207 
‘‘(ii) an organization described in sec-
tion 501(c)(3) of that Code that is exempt 
from taxation under section 501(a) of that 
Code; or 
‘‘(iii) described in— 
‘‘(I) paragraph (1) or (2) of sec-
tion 509(a) of that Code; or 
‘‘(II) section 509(a)(3) of that 
Code and is controlled by an organiza-
tion described in section 509(a)(2) of 
that Code. 
‘‘(3) ELIGIBLE LAND.—The term ‘eligible land’ 
means private or tribal land that is— 
‘‘(A) in the case of an agricultural land 
easement, agricultural land, including land on a 
farm or ranch— 
‘‘(i) that is subject to a pending offer 
for purchase of an agricultural land ease-
ment from an eligible entity; 
‘‘(ii) that— 
‘‘(I) has prime, unique, or other 
productive soil; 
‘‘(II) contains historical or ar-
chaeological resources; or
208 
‘‘(III) the protection of which will 
further a State or local policy con-
sistent with the purposes of the pro-
gram; and 
‘‘(iii) that is— 
‘‘(I) cropland; 
‘‘(II) rangeland; 
‘‘(III) grassland or land that con-
tains forbs, or shrubland for which 
grazing is the predominate use; 
‘‘(IV) pastureland; or 
‘‘(V) nonindustrial private forest 
land that contributes to the economic 
viability of an offered parcel or serves 
as a buffer to protect such land from 
development; 
‘‘(B) in the case of a wetland easement, a 
wetland or related area, including— 
‘‘(i) farmed or converted wetlands, to-
gether with adjacent land that is function-
ally dependent on that land, if the Sec-
retary determines it— 
‘‘(I) is likely to be successfully 
restored in a cost-effective manner; 
and
209 
‘‘(II) will maximize the wildlife 
benefits and wetland functions and 
values, as determined by the Secretary 
in consultation with the Secretary of 
the Interior at the local level; 
‘‘(ii) cropland or grassland that was 
used for agricultural production prior to 
flooding from the natural overflow of— 
‘‘(I) a closed basin lake and adja-
cent land that is functionally depend-
ent upon it, if the State or other enti-
ty is willing to provide 50 percent 
share of the cost of an easement; and 
‘‘(II) a pothole and adjacent land 
that is functionally dependent on it; 
‘‘(iii) farmed wetlands and adjoining 
lands that— 
‘‘(I) are enrolled in the conserva-
tion reserve program; 
‘‘(II) have the highest wetland 
functions and values, as determined 
by the Secretary; and 
‘‘(III) are likely to return to pro-
duction after they leave the conserva-
tion reserve program;
210 
‘‘(iv) riparian areas that link wetlands 
that are protected by easements or some 
other device that achieves the same pur-
pose as an easement; or 
‘‘(v) other wetlands of an owner that 
would not otherwise be eligible, if the Sec-
retary determines that the inclusion of 
such wetlands in a wetland easement would 
significantly add to the functional value of 
the easement; or 
‘‘(C) in the case of either an agricultural 
land easement or wetland easement, other land 
that is incidental to land described in subpara-
graph (A) or (B), if the Secretary determines 
that it is necessary for the efficient administra-
tion of the easements under this program. 
‘‘(4) PROGRAM.—The term ‘program’ means 
the agricultural conservation easement program es-
tablished by this subtitle. 
‘‘(5) WETLAND EASEMENT.—The term ‘wetland 
easement’ means a reserved interest in eligible land 
that— 
‘‘(A) is defined and delineated in a deed; 
and 
‘‘(B) stipulates—
212 
or other interest in land, as determined by the 
Secretary using— 
‘‘(i) the Uniform Standards of Profes-
sional Appraisal Practice; 
‘‘(ii) an area-wide market analysis or 
survey; or 
‘‘(iii) another industry-approved meth-
od. 
‘‘(B) NON-FEDERAL SHARE.— 
‘‘(i) IN GENERAL.—Under the agree-
ment, the eligible entity shall provide a 
share that is at least equivalent to that 
provided by the Secretary. 
‘‘(ii) SOURCE OF CONTRIBUTION.—An 
eligible entity may include as part of its 
share a charitable donation or qualified 
conservation contribution (as defined by 
section 170(h) of the Internal Revenue 
Code of 1986) from the private landowner 
if the eligible entity contributes its own 
cash resources in an amount that is at 
least 50 percent of the amount contributed 
by the Secretary. 
‘‘(C) EXCEPTION.—In the case of grass-
land of special environmental significance, as
213 
determined by the Secretary, the Secretary may 
provide an amount not to exceed 75 percent of 
the fair market value of the agricultural land 
easement. 
‘‘(3) EVALUATION AND RANKING OF APPLICA-
TIONS.— 
‘‘(A) CRITERIA.—The Secretary shall es-
tablish evaluation and ranking criteria to maxi-
mize the benefit of Federal investment under 
the program. 
‘‘(B) CONSIDERATIONS.—In establishing 
the criteria, the Secretary shall emphasize sup-
port for— 
‘‘(i) protecting agricultural uses and 
related conservation values of the land; and 
‘‘(ii) maximizing the protection of 
areas devoted to agricultural use. 
‘‘(C) BIDDING
DOWN.—If the Secretary 
determines that 2 or more applications for cost- 
share assistance are comparable in achieving 
the purpose of the program, the Secretary shall 
not assign a higher priority to any of those ap-
plications solely on the basis of lesser cost to 
the program. 
‘‘(4) AGREEMENTS WITH ELIGIBLE ENTITIES.—
214 
‘‘(A) IN
GENERAL.—The Secretary shall 
enter into agreements with eligible entities to 
stipulate the terms and conditions under which 
the eligible entity is permitted to use cost-share 
assistance provided under this section. 
‘‘(B) 
LENGTH
OF
AGREEMENTS.—An 
agreement shall be for a term that is— 
‘‘(i) in the case of an eligible entity 
certified under the process described in 
paragraph (5), a minimum of five years; 
and 
‘‘(ii) for all other eligible entities, at 
least three, but not more than five years. 
‘‘(C) MINIMUM TERMS AND CONDITIONS.— 
An eligible entity shall be authorized to use its 
own terms and conditions for agricultural land 
easements so long as the Secretary determines 
such terms and conditions— 
‘‘(i) are consistent with the purposes 
of the program; 
‘‘(ii) permit effective enforcement of 
the conservation purposes of such ease-
ments; 
‘‘(iii) include a right of enforcement 
for the Secretary, that may be used only if
215 
the terms of the easement are not enforced 
by the holder of the easement; 
‘‘(iv) subject the land in which an in-
terest is purchased to an agricultural land 
easement plan that— 
‘‘(I) describes the activities which 
promote the long-term viability of the 
land to meet the purposes for which 
the easement was acquired; 
‘‘(II) requires the management of 
grasslands according to a grasslands 
management plan; and 
‘‘(III) includes a conservation 
plan, where appropriate, and requires, 
at the option of the Secretary, the 
conversion of highly erodible cropland 
to less intensive uses; and 
‘‘(v) include a limit on the impervious 
surfaces to be allowed that is consistent 
with the agricultural activities to be con-
ducted. 
‘‘(D) 
SUBSTITUTION
OF
QUALIFIED 
PROJECTS.—An agreement shall allow, upon 
mutual agreement of the parties, substitution of
216 
qualified projects that are identified at the time 
of the proposed substitution. 
‘‘(E) EFFECT OF VIOLATION.—If a viola-
tion occurs of a term or condition of an agree-
ment under this subsection— 
‘‘(i) the Secretary may terminate the 
agreement; and 
‘‘(ii) the Secretary may require the el-
igible entity to refund all or part of any 
payments received by the entity under the 
program, with interest on the payments as 
determined appropriate by the Secretary. 
‘‘(5) CERTIFICATION OF ELIGIBLE ENTITIES.— 
‘‘(A) CERTIFICATION PROCESS.—The Sec-
retary shall establish a process under which the 
Secretary may— 
‘‘(i) directly certify eligible entities 
that meet established criteria; 
‘‘(ii) enter into long-term agreements 
with certified eligible entities; and 
‘‘(iii) accept proposals for cost-share 
assistance for the purchase of agricultural 
land easements throughout the duration of 
such agreements.
217 
‘‘(B) CERTIFICATION CRITERIA.—In order 
to be certified, an eligible entity shall dem-
onstrate to the Secretary that the entity will 
maintain, at a minimum, for the duration of the 
agreement— 
‘‘(i) a plan for administering ease-
ments that is consistent with the purpose 
of this subtitle; 
‘‘(ii) the capacity and resources to 
monitor and enforce agricultural land ease-
ments; and 
‘‘(iii) policies and procedures to en-
sure— 
‘‘(I) the long-term integrity of 
agricultural land easements on eligible 
land; 
‘‘(II) timely completion of acqui-
sitions of such easements; and 
‘‘(III) timely and complete eval-
uation and reporting to the Secretary 
on the use of funds provided under 
the program. 
‘‘(C) REVIEW AND REVISION.— 
‘‘(i) REVIEW.—The Secretary shall 
conduct a review of eligible entities cer-
218 
tified under subparagraph (A) every three 
years to ensure that such entities are 
meeting the criteria established under sub-
paragraph (B). 
‘‘(ii) REVOCATION.—If the Secretary 
finds that the certified eligible entity no 
longer meets the criteria established under 
subparagraph (B), the Secretary may— 
‘‘(I) allow the certified eligible 
entity a specified period of time, at a 
minimum 180 days, in which to take 
such actions as may be necessary to 
meet the criteria; and 
‘‘(II) revoke the certification of 
the eligible entity, if, after the speci-
fied period of time, the certified eligi-
ble entity does not meet such criteria. 
‘‘(c) METHOD
OF ENROLLMENT.—The Secretary 
shall enroll eligible land under this section through the use 
of— 
‘‘(1) permanent easements; or 
‘‘(2) easements for the maximum duration al-
lowed under applicable State laws. 
‘‘(d) TECHNICAL ASSISTANCE.—The Secretary may 
provide technical assistance, if requested, to assist in—