Sec. 2410. Agricultural conservation easement program
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Section 1265(b)(3) of the Food Security Act of 1985 ( 16 U.S.C. 3865(b) )(3) is amended by inserting that may negatively impact the agricultural uses and conservation values before ; and . Section 1265A of the Food Security Act of 1985 ( 16 U.S.C. 3865a ) is amended— in paragraph (1)(B), by striking subject to an agricultural land easement plan, as approved by the Secretary ; in paragraph (2)(A), by striking government or an Indian tribe and inserting government, an Indian tribe, or an acequia ; and in paragraph (3)— in subparagraph (A)(i), by striking entity; and inserting entity, unless the land will be enrolled in an agricultural land easement under subparagraph (B); ; by redesignating subparagraphs
(B)and
(C)as subparagraphs
(C)and (D), respectively; and by inserting after subparagraph
(A)the following: in the case of an agricultural land easement, agricultural land that meets the conditions described in clauses
(ii)and
(iii)of subparagraph
(A)that is owned by an organization described in paragraph (2)(B), on the conditions that— if the organization that owns the land is also the eligible entity that would hold the agricultural land easement, the organization that owns the land shall certify to the Secretary on submission of the application that the land will be owned by a farmer or rancher that is not an organization described in paragraph (2)(B) on acquisition of the agricultural land easement; if the organization that owns the land is not the eligible entity that would hold the agricultural land easement, the organization that owns the land shall certify, through an agreement, contract, or guarantee with the Secretary on submission of the application, that the organization will identify a farmer or rancher that is not an organization described in paragraph (2)(B) and effect the timely subsequent transfer of the ownership of the land to that farmer or rancher after the date of acquisition of the agricultural land easement; and if the organization that certified the timely subsequent transfer of the ownership of the land under clause
(ii)breaches the agreement, contract, or guarantee without justification and without a plan to effect the timely transfer of the land, that organization shall reimburse the Secretary for the entire amount of the Federal share of cost of each applicable agricultural land easement. . Section 1265B of the Food Security Act of 1985 ( 16 U.S.C. 3865b ) is amended— in subsection (a)(2), by striking provide and all that follows through the period at the end and inserting implement the program, including technical assistance with the development of a conservation plan under subsection (b)(3). ; and in subsection (b)— in paragraph (2)— in subparagraph (A), in the matter preceding clause (i), by striking paragraph
(4)and inserting paragraph
(5); and in subparagraph (B), by striking clause
(ii)and inserting the following: The non-Federal share provided by an eligible entity under clause
(i)may comprise— a charitable donation or qualified conservation contribution (as defined in section 170(h) of the Internal Revenue Code of 1986) from the private landowner from which the agricultural land easement will be purchased; costs associated with securing a deed to the agricultural land easement, including the cost of appraisal, survey, inspection, and title; and other costs, as determined by the Secretary. ; by redesignating paragraphs
(3)through
(5)as paragraphs
(4)through (6), respectively; by inserting after paragraph
(2)the following: An eligible entity applying for cost-share assistance under this subsection shall develop an agricultural land easement plan— with the landowner of the eligible land subject to the agricultural land easement; and that— describes the natural resource concerns on the eligible land subject to the agricultural land easement; describes the conservation measures and practices that the landowner of the eligible land subject to the agricultural land easement may employ to address the concerns under clause (i); in the case of grasslands of special environmental significance, requires the management of grasslands according to a grasslands management plan; and in the case of highly erodible cropland, requires the implementation of a conservation plan that includes, at the option of the Secretary, the conversion of highly erodible cropland to less intensive uses. ; in paragraph
(4)(as so redesignated)— in subparagraph (B)— in clause (i), by striking and at the end; in clause (ii), by striking the period at the end and inserting ; and ; and by adding at the end the following: consultation with the appropriate State technical committee established under section 1261 to adjust evaluation and ranking criteria to account for geographic nuances if those adjustments— meet the purposes of the program; and continue to maximize the benefits of Federal investment under the program. ; and by adding at the end the following: In evaluating applications under the program, the Secretary may give priority to an application for the purchase of an agricultural land easement that, as determined by the Secretary, maintains agricultural viability. ; in paragraph
(5)(as so redesignated)— in subparagraph (B)(i), by striking paragraph
(5)and inserting paragraph
(6); in subparagraph (C)— in clause (i), by inserting and the agricultural activities to be conducted on the eligible land after program ; and by striking clause
(iv)and inserting the following: exclude a right of inspection, unless the eligible entity fails to provide monitoring reports to the Secretary; ; by redesignating subparagraphs
(D)and
(E)as subparagraphs
(E)and (F), respectively; and by inserting after subparagraph
(C)the following: An eligible entity may include terms and conditions for an agricultural land easement that— are intended to keep the land subject to the agricultural land easement in farmer ownership, as determined by the Secretary; and include other relevant activities relating to the agricultural land easement, as determined by the Secretary. ; and in paragraph
(6)(as so redesignated)— in subparagraph (B)— in clause (iii), by redesignating subclauses
(I)through
(III)as items
(aa)through (cc), respectively, and indenting appropriately; by redesignating clauses
(i)through
(iii)as subclauses
(I)through (III), respectively, and indenting appropriately; in the matter preceding subclause
(I)(as so redesignated), by striking entity will and inserting the following: “eligible entity— will ; in clause (i)(III)(cc) (as so redesignated), by striking the period at the end and inserting a semicolon; and by adding at the end the following: has— been accredited by the Land Trust Accreditation Commission, or by an equivalent accrediting body, as determined by the Secretary; and acquired not fewer than 10 agricultural land easements under the program; and 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 is a State department of agriculture or other State agency with statutory authority for farm and ranchland protection that has— acquired not fewer than 10 agricultural land easements under the program; and 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. ; by redesignating subparagraph
(C)as subparagraph (D); and by inserting after subparagraph
(B)the following: Notwithstanding paragraph (5)(C), to account for geographic and other differences among States and regions, an eligible entity certified under subparagraph
(A)may use terms and conditions established by the eligible entity for agricultural land easements, on the condition that those terms and conditions shall be consistent with the purposes of the program. . Section 1265C of the Food Security Act of 1985 ( 16 U.S.C. 3865c ) is amended— in subsection (b)— in paragraph (1)(D), by inserting and acequias after Indian tribes ; and in paragraph (3)— in subparagraph (B)— in clause (iii), by striking and at the end; by redesignating clause
(iv)as clause (v); and by inserting after clause
(iii)the following: the ability of the land to sequester carbon; and ; and in subparagraph (C), by inserting and improving water quality before the period at the end; in subsection (d)(2), by striking or Indian tribe and inserting Indian tribe, or acequia ; in subsection (e), by striking or Indian tribe and inserting Indian tribe, or acequia ; and in subsection (f)— by redesignating paragraphs
(2)and
(3)as paragraphs
(3)and (4), respectively; and by inserting after paragraph
(1)the following: The Secretary may allow the establishment or restoration of an alternative vegetative community on the entirety of the eligible land subject to a wetland reserve easement if that alternative vegetative community— will substantially support or benefit migratory waterfowl or other wetland wildlife; or will meet local resource concerns or needs (including as an element of a regional, State, or local wildlife initiative or plan). . Section 1265D of the Food Security Act of 1985 ( 16 U.S.C. 3865d ) is amended— in subsection (a)— in paragraph (2), by inserting subject to paragraph (2), before lands owned ; by redesignating paragraphs
(1)through
(4)as subparagraphs
(A)through (D), respectively, and indenting appropriately; in the matter preceding subparagraph
(A)(as so redesignated), by striking The Secretary and inserting the following: The Secretary ; and by adding at the end the following: Notwithstanding paragraph (1)(B), the Secretary may use program funds for the purpose of acquiring an easement on land owned by an acequia. ; and in subsection (d)— in paragraph (1), by striking transferred into the program and inserting enrolled in an easement under section 1265C(b) ; and by adding at the end the following: A farmer or rancher who owns eligible land subject to an agricultural land easement may enter into a contract under subchapter B of chapter 1. .
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Sec. 2410
Agricultural conservation easement program
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