16 U.S.C. § 3865a (CONSERVATION)
§ 3865a. Definitions
In this subchapter:
(1) Agricultural land easement
The term “agricultural land easement” means an easement or other interest in eligible land that—
(A) is conveyed for the purpose of protecting 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 entity” means—
(A) an agency of State or local government or an Indian tribe (including a farmland protection board or land resource council established 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 title 26;
(ii) an organization described in section 501(c)(3) of title 26 that is exempt from taxation under section 501(a) of title 26; or
(iii) described in—
(I) paragraph (1) or (2) of section 509(a) of title 26; or
(II) section 509(a)(3) of title 26 and is controlled by an organization described in section 509(a)(2) of title 26.
(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 easement from an eligible entity;
(ii)
(I) that has prime, unique, or other productive soil;
(II) that contains historical or archaeological resources;
(III) the enrollment of which would protect grazing uses and related conservation values by restoring and conserving land; or
(IV) the protection of which will further a State or local policy consistent with the purposes of the program; and
(iii) that is—
(I) cropland;
(II) rangeland;
(III) grassland or land that contains forbs, or shrubland for which grazing is the predominant use;
(IV) located in an area that has been historically dominated by grassland, forbs, or shrubs and could provide habitat for animal or plant populations of significant ecological value;
(V) pastureland; or
(VI) 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 reserve easement, a wetland or related area, including—
(i) farmed or converted wetlands, together with adjacent land that is functionally dependent on that land, if the Secretary determines it—
(I) is likely to be successfully restored in a cost-effective manner; and
(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 adjacent land that is functionally dependent upon it, if the State or other entity is willing to provide 50 percent share of the cost of an easement; or
(II) a pothole and adjacent land that is functionally dependent on it;
(iii) farmed wetlands and adjoining lands that—
(I) are enrolled in the conservation reserve program;
(II) have the highest wetland functions and values, as determined by the Secretary; and
(III) are likely to return to production after they leave the conservation reserve program;
(iv) riparian areas that link wetlands that are protected by easements or some other device that achieves the same purpose as an easement; or
(v) other wetlands of an owner that would not otherwise be eligible, if the Secretary determines that the inclusion of such wetlands in a wetland reserve easement would significantly add to the functional value of the easement; or
(C) in the case of either an agricultural land easement or a wetland reserve easement, other land that is incidental to land described in subparagraph (A) or (B), if the Secretary determines that it is necessary for the efficient administration of an easement under the program.
(4) Program
The term “program” means the agricultural conservation easement program established by this subchapter.
(5) Wetland reserve easement
The term “wetland reserve easement” means a reserved interest in eligible land that—
(A) is defined and delineated in a deed; and
(B) stipulates—
(i) the rights, title, and interests in land conveyed to the Secretary; and
(ii) the rights, title, and interests in land that are reserved to the landowner.
(Pub. L. 99–198, title XII, § 1265A, as added Pub. L. 113–79, title II, § 2301(a), Feb. 7, 2014, 128 Stat. 732.)