16 U.S.C. § 3865 — Establishment and purposes

Page 2429 TITLE 16—CONSERVATION § 3865a 1 See References in Text note below. that are used to carry out subtitles A, B, and C of title XII of the Food Security Act of 1985 (16 U.S.C. 3801 et seq. [3811 et seq., 3821 et seq.]).’’ SUBCHAPTER VII—AGRICULTURAL CONSERVATION EASEMENT PROGRAM § 3865. Establishment and purposes (a) Establishment The Secretary shall establish an agricultural conservation easement program for the con- servation of eligible land and natural resources through easements or other interests in land. (b) Purposes The purposes of the program are to— (1) combine the purposes and coordinate the functions of the wetlands reserve program es- tablished under section 3837 1 of this title, the grassland reserve program established under section 3838n 1 of this title, and the farmland protection program established under section 3838i 1 of this title, as such sections were in ef- fect on the day before February 7, 2014; (2) restore, protect, and enhance wetlands on eligible land; (3) protect the agricultural use and future viability, and related conservation values, of eligible land by limiting nonagricultural uses of that land that negatively affect the agricul- tural uses and conservation values; and (4) protect grazing uses and related con- servation values by restoring or conserving el- igible land. (Pub. L. 99–198, title XII, § 1265, as added Pub. L. 113–79, title II, § 2301(a), Feb. 7, 2014, 128 Stat. 731; amended Pub. L. 115–334, title II, § 2601, Dec. 20, 2018, 132 Stat. 4585.) Editorial Notes REFERENCES IN TEXT Sections 3837, 3838n, and 3838i of this title, referred to in subsec. (b)(1), were repealed by Pub. L. 113–79, title II, §§ 2703(a), 2704(a), 2705(a), Feb. 7, 2014, 128 Stat. 767, 768. AMENDMENTS 2018—Subsec. (b)(3). Pub. L. 115–334, § 2601(1), inserted ‘‘that negatively affect the agricultural uses and con- servation values’’ after ‘‘uses of that land’’. Subsec. (b)(4). Pub. L. 115–334, § 2601(2), substituted ‘‘restoring or conserving’’ for ‘‘restoring and con- serving’’. § 3865a. Definitions In this subchapter: (1) Agricultural land easement The term ‘‘agricultural land easement’’ means an easement or other interest in eligi- ble land that— (A) is conveyed for the purpose of pro- tecting natural resources and the agricul- tural nature of the land; and (B) permits the landowner the right to continue agricultural production and related uses. (2) Buy-protect-sell transaction (A) In general The term ‘‘buy-protect-sell transaction’’ means a legal arrangement— (i) between an eligible entity and the Secretary relating to land that an eligible entity owns or is going to purchase prior to acquisition of an agricultural land ease- ment; (ii) under which the eligible entity cer- tifies to the Secretary that the eligible en- tity shall— (I)(aa) hold an agricultural land ease- ment on that land, but transfer owner- ship of the land to a farmer or rancher that is not an eligible entity prior to or on acquisition of the agricultural land easement; or (bb) hold an agricultural land ease- ment on that land, but transfer owner- ship of the land to a farmer or rancher that is not an eligible entity in a timely manner and, subject to subparagraph (B), not later than 3 years after the date of acquisition of the agricultural land ease- ment; and (II) make an initial sale of the land subject to the agricultural land ease- ment to a farmer or rancher at not more than agricultural value, plus any reason- able holding and transaction costs in- curred by the eligible entity, as deter- mined by the Secretary; and (iii) under which the Secretary shall be reimbursed for the entirety of the Federal share of the cost of the agricultural land easement by the eligible entity if the eligi- ble entity fails to transfer ownership under item (aa) or (bb), as applicable, of clause (ii)(I). (B) Time extension Under subparagraph (A)(ii)(I)(bb), an eligi- ble entity may transfer land later than 3 years after the date of acquisition of the ag- ricultural land easement if the Secretary de- termines an extension of time is justified. (3) Eligible entity The term ‘‘eligible entity’’ means— (A) an agency of State or local government or an Indian tribe (including a farmland pro- tection 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 title 26; (ii) an organization described in section 501(c)(3) of title 26 that is exempt from tax- ation 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. (4) 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—