View all text of Subchapter VII [§ 3865 - § 3865d]
§ 3865b. Agricultural land easements
(a) Availability of assistanceThe Secretary shall facilitate and provide funding for—
(1) the purchase by eligible entities of agricultural land easements in eligible land;
(2) technical assistance to implement the program, including technical assistance for the development of a conservation plan under subsection (b)(4)(C)(iv); and
(3) buy-protect-sell transactions.
(b) Cost-share assistance
(1) In general
(2) Scope of assistance available
(A) Federal shareAn agreement described in paragraph (4) shall provide for a Federal share determined by the Secretary of an amount not to exceed 50 percent of the fair market value of the agricultural land easement, as determined by the Secretary using—
(i) the Uniform Standards of Professional Appraisal Practice;
(ii) an areawide market analysis or survey; or
(iii) another industry-approved method.
(B) Non-federal share
(i) In general
(ii) Grasslands exception
(iii) Permissible formsThe non-Federal share provided by an eligible entity under this subparagraph may comprise—(I) cash resources;(II) a charitable donation or qualified conservation contribution (as defined in section 170(h) of title 26) from the private landowner from which the agricultural land easement will be purchased;(III) costs associated with securing a deed to the agricultural land easement, including the cost of appraisal, survey, inspection, and title; and(IV) other costs, as determined by the Secretary.
(3) Evaluation and ranking of applications
(A) Criteria
(B) ConsiderationsIn establishing the criteria, the Secretary shall emphasize support for—
(i) protecting agricultural uses and related conservation values of the land; and
(ii) maximizing the protection of areas devoted to agricultural use.
(C) Accounting for geographic differencesThe Secretary may adjust the criteria established under subparagraph (A) to account for geographic differences, if the adjustments—
(i) meet the purposes of the program; and
(ii) continue to maximize the benefit of the Federal investment under the program.
(D) Priority
(E) Bidding down
(4) Agreements with eligible entities
(A) In general
(B) Length of agreementsAn 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 conditionsAn 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 easements;
(iii) include a right of enforcement for the Secretary that—(I) may be used only if the terms and conditions of the easement are not enforced by the eligible entity; and(II) does not extend to a right of inspection unless—(aa)(AA) the holder of the easement fails to provide monitoring reports in a timely manner; or(BB) the Secretary has a reasonable and articulable belief that the terms and conditions of the easement have been violated; and(bb) prior to the inspection, the Secretary notifies the eligible entity and the landowner of the inspection and provides a reasonable opportunity for the eligible entity and the landowner to participate in the inspection;
(iv) include a conservation plan only for any portion of the land subject to the agricultural land easement that is highly erodible cropland; and
(v) include a limit on the impervious surfaces to be allowed that is consistent with the agricultural activities to be conducted.
(D) Additional permitted terms and conditionsAn eligible entity may include terms and conditions for an agricultural land easement that—
(i) are intended to keep the land subject to the agricultural land easement under the ownership of a farmer or rancher, as determined by the Secretary;
(ii) allow subsurface mineral development on the land subject to the agricultural land easement and in accordance with applicable State law if, as determined by the Secretary—(I) the subsurface mineral development—(aa) has a limited and localized impact;(bb) does not harm the agricultural use and conservation values of the land subject to the easement;(cc) does not materially alter or affect the existing topography;(dd) shall comply with a subsurface mineral development plan that—(AA) includes a plan for the remediation of impacts to the agricultural use and conservation values of the land subject to the easement; and(BB) is approved by the Secretary prior to the initiation of mineral development activity;(ee) is not accomplished by any surface mining method;(ff) is within the impervious surface limits of the easement under subparagraph (C)(v); and(gg) uses practices and technologies that minimize the duration and intensity of impacts to the agricultural use and conservation values of the land subject to the easement; and(II) each area impacted by the subsurface mineral development shall be reclaimed and restored by the holder of the mineral rights at cessation of operation; and
(iii) include other relevant activities relating to the agricultural land easement, as determined by the Secretary.
(E) Substitution of qualified projects
(F) Effect of violationIf a violation occurs of a term or condition of an agreement under this subsection—
(i) the Secretary may terminate the agreement; and
(ii) the Secretary may require the eligible 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 processThe Secretary 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;
(iii) accept proposals for cost-share assistance for the purchase of agricultural land easements throughout the duration of such agreements; and
(iv) allow a certified eligible entity to use its own terms and conditions, notwithstanding paragraph (4)(C), as long as the terms and conditions are consistent with the purposes of the program.
(B) Certification criteriaIn order to be certified, an eligible entity shall demonstrate to the Secretary that the eligible entity—
(i) will maintain, at a minimum, for the duration of the agreement—(I) a plan for administering easements that is consistent with the purpose of the program;(II) the capacity and resources to monitor and enforce agricultural land easements; and(III) policies and procedures to ensure—(aa) the long-term integrity of agricultural land easements on eligible land;(bb) timely completion of acquisitions of such easements; and(cc) timely and complete evaluation and reporting to the Secretary on the use of funds provided under the program;
(ii) has—(I) been accredited by the Land Trust Accreditation Commission, or by an equivalent accrediting body, as determined by the Secretary;(II) acquired not fewer than 10 agricultural land easements under the program or any predecessor program; and(III) successfully met the responsibilities of the eligible entity under the applicable agreements with the Secretary, as determined by the Secretary, relating to agricultural land easements that the eligible entity has acquired under the program or any predecessor program; or
(iii) is a State department of agriculture or other State agency with statutory authority for farm and ranchland protection that has—(I) acquired not fewer than 10 agricultural land easements under the program or any predecessor program; and(II) successfully met the responsibilities of the eligible entity under the applicable agreements with the Secretary, as determined by the Secretary, relating to agricultural land easements that the eligible entity has acquired under the program or any predecessor program.
(C) Review and revision
(i) Review
(ii) RevocationIf the Secretary finds that a 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 specified period of time, the certified eligible entity does not meet such criteria.
(c) Method of enrollmentThe Secretary shall enroll eligible land under this section through the use of—
(1) permanent easements; or
(2) easements for the maximum duration allowed under applicable State laws.
(d) Technical assistance
(Pub. L. 99–198, title XII, § 1265B, as added Pub. L. 113–79, title II, § 2301(a), Feb. 7, 2014, 128 Stat. 734; amended Pub. L. 115–334, title II, § 2603, Dec. 20, 2018, 132 Stat. 4586.)