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7 U.S.C. § 4209 — Prohibition on maintenance of actions

Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 4209 — Prohibition on maintenance of actions

This chapter shall not be deemed to provide a basis for any action, either legal or equitable, by any person or class of persons challenging a Federal project, program, or other activity that may affect farmland: Provided, That the Governor of an affected State where a State policy or program exists to protect farmland may bring an action in the Federal district court of the district where a Federal program is proposed to enforce the requirements of [section 4202 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section4202&num=0&edition=prelim) and regulations issued pursuant thereto.

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Source location: Title 7, Chapter 73, § 4209; chapter-073-farmland-protection-policy.md

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 4201 — General provisions

**(a) Congressional statement of findings** Congress finds that— (1) the Nation’s farmland is a unique natural resource and provides food and fiber necessary for the continued welfare of the people of the United States; (2) each year, a large amount of the Nation’s farmland is irrevocably converted from actual or potential agricultural use to nonagricultural use; (3) continued decrease in the Nation’s farmland base may threaten the ability of the United States to produce food and fiber in sufficient quantities to meet domestic needs and the demands of our export markets; (4) the extensive use of farmland for nonagricultural purposes undermines the economic base of many rural areas; (5) Federal actions, in many cases, result in the conversion of farmland to nonagricultural uses where alternative actions would be preferred; (6) the Department of Agriculture is the agency primarily responsible for the implementation of Federal policy with respect to United States farmland, assuring the maintenance of the agricultural production capacity of the United States, and has the personnel and other resources needed to implement national farmland protection policy; and (7) the Department of Agriculture and other Federal agencies should take steps to assure that the actions of the Federal Government do not cause United States farmland to be irreversibly converted to nonagricultural uses in cases in which other national interests do not override the importance of the protection of farmland nor otherwise outweigh the benefits of maintaining farmland resources. **(b) Statement of purpose** The purpose of this chapter is to minimize the extent to which Federal programs contribute to the unnecessary and irreversible conversion of farmland to nonagricultural uses, and to assure t

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 4202 — Identifying effects of Federal programs on conversion of farmland to nonagricultural uses

**(a) Development of criteria to identify** The Department of Agriculture, in cooperation with other departments, agencies, independent commissions, and other units of the Federal Government, shall develop criteria for identifying the effects of Federal programs on the conversion of farmland to nonagricultural uses. **(b) Use of criteria to identify** Departments, agencies, independent commissions, and other units of the Federal Government shall use the criteria established under subsection (a) of this section, to identify the quantity of farmland actually converted by Federal programs, and to identify and take into account the adverse effects of Federal programs on the preservation of farmland; consider alternative actions, as appropriate, that could lessen such adverse effects; and assure that such Federal programs, to the extent practicable, are compatible with State, unit of local government, and private programs and policies to protect farmland. **(c) Availability of restorative, etc., information** The Department of Agriculture may make available to States, units of local government, individuals, organizations, and other units of the Federal Government information useful in restoring, maintaining, and improving the quantity and quality of farmland.

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 4209 — Prohibition on maintenance of actions

Page 1683 TITLE 7—AGRICULTURE § 4301 Editorial Notes AMENDMENTS 1985—Pub. L. 99–198 substituted ‘‘On January 1, 1987, and at the beginning of each subsequent calendar year.’’ for ‘‘Within one year after December 22, 1981,’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective six months after Dec. 22, 1981, see section 1549 of Pub. L. 97–98, set out as a note under sec- tion 4201 of this title. § 4208. Limitations (a) This chapter does not authorize the Fed- eral Government in any way to regulate the use of private or non-Federal land, or in any way af- fect the property rights of owners of such land. (b) None of the provisions or other require- ments of this chapter shall apply to the acquisi- tion or use of farmland for national defense pur- poses during a national emergency. (Pub. L. 97–98, title XV, § 1547, Dec. 22, 1981, 95 Stat. 1344; Pub. L. 101–624, title XXV, § 2502, Nov. 28, 1990, 104 Stat. 4066.) Editorial Notes AMENDMENTS 1990—Subsec. (b). Pub. L. 101–624 inserted before pe- riod at end ‘‘during a national emergency’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective six months after Dec. 22, 1981, see section 1549 of Pub. L. 97–98, set out as a note under sec- tion 4201 of this title. § 4209. Prohibition on maintenance of actions This chapter shall not be deemed to provide a basis for any action, either legal or equitable, by any person or class of persons challenging a Fed- eral project, program, or other activity that may affect farmland: Provided, That the Gov- ernor of an affected State where a State policy or program exists to protect farmland may bring an action in the Federal district court of the district where a Federal program is proposed to enforce the requirements of sect

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