Sec. 404. Farmland Protection Policy Act
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Section 1540 of the Agriculture and Food Act of 1981 ( 7 U.S.C. 4201 ) is amended— in subsection (a)— by redesignating paragraphs
(4)through
(7)as paragraphs
(5)through (8), respectively; and by inserting after paragraph
(3)the following: the Nation’s farmland is a vital source of environmental services, such as carbon sequestration; ; in subsection (b), by inserting tribal, after State, ; and in subsection (c)— in paragraph (1)— in subparagraph (B), by striking that is used for and inserting that is suitable for ; and in subparagraph (C), by inserting and is suitable after local importance ; in paragraph (4), by striking ; and and inserting a semicolon; in paragraph (5), by striking the period at the end and inserting a semicolon; and by adding at the end the following: the term conversion means— the physical conversion of farmland to a nonagricultural use; the effective conversion of farmland as a consequence of physical conversion of adjacent farmland, which threatens the continued viability of the land for agricultural use; or a change in management of federally owned land historically used for agriculture to a non-agricultural use; the term farmland of national significance is farmland that is the most suitable for intensive crop and food production, as determined by the Secretary, taking into consideration, among other factors, its physical and chemical characteristics; and the term permanently protected farmland means farmland encumbered by a conservation easement held by the Federal government, by a State, tribal, or local unit of government, or by a land conservation organization, that is perpetual or the maximum number of years allowed by State law. . Section 1541 of the Agriculture and Food Act of 1981 ( 7 U.S.C. 4202 ) is amended to read as follows: It is the policy of the United States that Federal programs— shall minimize the conversion of farmland to nonagricultural uses; and shall not convert to nonagricultural uses farmland— that is permanently protected farmland; that has been defined and delineated by the Secretary under subsection
(b)as farmland of national significance; or that has been defined and delineated by a State as significant to the State or a priority for inclusion in a State farmland protection program and for which the State has submitted a description under subsection (b). The Secretary shall define and delineate farmland of national significance, and shall convene a group of experts, including agronomists and soil scientists, to assist in such definition and delineation. Any State wishing to have land recognized under subsection (a)(2)(C) shall provide a definition and delineation of such lands to the Secretary. The Secretary shall develop a process, including criteria— to— determine the potential conversion of farmland as a consequence of any action or activity conducted through a Federal program; minimize the conversion of farmland or, for land identified under subsection (a)(2), avoid conversion; and provide notice regarding such actions to the Secretary; and that the Secretary shall use to make determinations under subsection (d). Each department, agency, independent commission, and other unit of the Federal Government shall use the process and criteria developed under paragraph
(1)in carrying out a Federal program. Subsection (a)(2) shall not apply if the Secretary determines, based on the process and criteria developed under subsection (c), that converting farmland to nonagricultural uses cannot be avoided. In instances where the Secretary makes such a determination, the Federal program shall minimize the conversion of land described in subsection (a)(2) to the maximum extent practicable. The Secretary 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; and concerning the location of permanently protected farmland. The Secretary shall provide assistance to departments, agencies, independent commissions, and other units of the Federal Government, upon request, in using the process and criteria developed under subsection (c). .
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