parian areas that may comprise up to 50 percent of 
the offered acreage’’ after ‘‘Secretary’’. 
(b) PROGRAM.—Section 1238I of the Food Security 
Act of 1985 is amended to read as follows: 
‘‘SEC. 1238I. FARMLAND PROTECTION PROGRAM. 
‘‘(a) GRANT
PROGRAM.—The Secretary, acting 
through the Natural Resources Conservation Service, shall 
establish and carry out a program to make grants to eligi-
ble entities for the purpose of protecting the agricultural 
production capacity of the land by limiting incompatible 
nonagricultural uses of the land. The program shall give 
priority to protecting farm and ranchland— 
‘‘(1) with prime, unique, or other productive 
soils that are at risk of nonagricultural development; 
‘‘(2) that will stay in production agriculture; 
‘‘(3) in rural communities that face intense 
pressure for conversion to nonagricultural use, as 
determined by the Secretary; or 
‘‘(4) in areas that have locally-led land-use 
planning and zoning strategies. 
‘‘(b) CERTIFICATION.—In order to delineate eligible 
entities for program participation under this section, the 
Secretary shall implement a process, to be published in 
the Federal Register, for certifying entities described in 
subparagraph (A) or (B) of section 1238H(1). The certifi-
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cation requirements shall include at a minimum the fol-
lowing: 
‘‘(1) Strategic planning and articulated objec-
tives. 
‘‘(2) Demonstrated long-term commitment and 
organizational viability. 
‘‘(3) Track record of funds management and 
accountability. 
‘‘(4) History of successfully completing agricul-
tural conservation projects. 
‘‘(5) Use of a conservation plan for any highly 
erodible cropland for which a conservation easement 
or other interest is purchased. 
‘‘(c) GRANT AGREEMENTS.—The Secretary, acting 
through the Natural Resources Conservation Service, may 
enter into agreements with eligible entities certified for 
program participation under subsection (b), under which 
an eligible entity may purchase conservation easements 
using a combination of its own funds and grant funds dis-
tributed by the Secretary under the program. An agree-
ment shall stipulate the terms and conditions under which 
the eligible entity shall use funds provided by the Sec-
retary under the program, except that under such an 
agreement— 
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‘‘(1) the eligible entity shall be authorized to 
determine its own criteria and priorities for pur-
chasing conservation easements and other interests 
in land; and 
‘‘(2) the eligible entity shall be authorized to 
use its own terms and conditions for conservation 
easements and other purchases of interests in land, 
if the attorney general of the State in which the 
property to be purchased is located certifies that 
such terms and conditions are adequate under State 
law to achieve and permit effective enforcement of 
the conservation purposes of such easements or 
other interests. 
‘‘(d) ENFORCEMENT
AND REVERSIONARY INTER-
ESTS.—No Federal contingent right of enforcement or re-
versionary interest in a conservation easement or other 
purchase of an interest in land shall be required under 
the program if the attorney general of the State in which 
the property to be purchased using grant funds is located 
certifies that the State or local government has a direct 
or contingent right of enforcement or reversionary interest 
therein. 
‘‘(e) COST SHARING.— 
‘‘(1) SHARE
PROVIDED
UNDER
THIS
SEC-
TION.—The share of the cost of purchasing a con-
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servation easement or other interest in eligible land 
described in subsection (a) provided under section 
1241(d) shall not exceed 50 percent of the appraised 
fair market value of the conservation easement or 
other interest in eligible land. 
‘‘(2) SHARE PROVIDED UNDER OTHER FUNDING 
SOURCE.—As part of the share of the cost of pur-
chasing a conservation easement or other interest in 
eligible land described in subsection (a) that is not 
provided under section 1241(d), an eligible entity 
may include a charitable donation by the private 
landowner from which the eligible land is to be pur-
chased of not more than 50 percent of the fair mar-
ket value of the conservation easement or other in-
terest in eligible land.’’. 
Æ 
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