Sec. 2603. AGRICULTURAL LAND EASEMENTS
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## SEC. 2603 AGRICULTURAL LAND EASEMENTS ###
(a)Availability of Assistance Section 1265B(a) of the Food Security Act of 1985 (16 U.S.C. 3865b(a)) is amended— ####
(1)in paragraph (1), by striking “and” at the end; ####
(2)in paragraph (2), by striking “provide for the conservation of natural resources pursuant to an agricultural land easement plan.” and inserting “implement the program, including technical assistance for the development of a conservation plan under subsection (b)(4)(C)(iv); and”; and ####
(3)by adding at the end the following: > > #### “(3) > > buy-protect-sell transactions.” > . ###
(b)Cost-share Assistance ####
(1)Scope of assistance available Section 1265B(b)(2) of the Food Security Act of 1985 (16 U.S.C. 3865b(b)(2)) is amended— #####
(A)in subparagraph (B), by striking clause
(ii)and inserting the following: > > ###### “(ii) Grasslands exception > > In the case of grassland of special environmental significance, as determined by the Secretary, the Secretary may provide an amount not to exceed 75 percent of the fair market value of the agricultural land easement. > > > ###### “(iii) Permissible forms > > The 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 the Internal Revenue Code of 1986) 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.” > ; and #####
(B)by striking subparagraph (C). ####
(2)Evaluation and ranking of applications Section 1265B(b)(3) of the Food Security Act of 1985 (16 U.S.C. 3865b(b)(3)) is amended— #####
(A)by redesignating subparagraph
(C)as subparagraph (E); and #####
(B)by inserting after subparagraph
(B)the following: > > ##### “(C) Accounting for geographic differences > > The 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 > > 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.” > . ####
(3)Agreements with eligible entities Section 1265B(b)(4) of the Food Security Act of 1985 (16 U.S.C. 3865b(b)(4)) is amended— #####
(A)in subparagraph (C), by striking clauses
(iii)and
(iv)and inserting the following: > > ###### “(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” > ; #####
(B)by redesignating subparagraphs
(D)and
(E)as subparagraphs
(E)and (F), respectively; and #####
(C)by inserting after subparagraph
(C)the following: > > ##### “(D) Additional permitted terms and conditions > > An 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.” > . ####
(4)Certification of eligible entities Section 1265B(b)(5) of the Food Security Act of 1985 (16 U.S.C. 3865b(b)(5)) is amended— #####
(A)in subparagraph (A)— ######
(i)in clause (ii), by striking “; and” and inserting a semicolon; ######
(ii)in clause (iii), by striking the period at the end and inserting “; and”; and ######
(iii)by adding at the end the following: > > ###### “(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.” > ; and #####
(B)in subparagraph (B)— ######
(i)in clause (iii), by redesignating subclauses
(I)through
(III)as items
(aa)through (cc), respectively, and indenting appropriately; ######
(ii)by redesignating clauses
(i)through
(iii)as subclauses
(I)through (III), respectively, and indenting appropriately; ######
(iii)in the matter preceding subclause
(I)(as so redesignated), by striking “ entity will ” and inserting the following: > “eligible entity— > > > ###### “(i) > > will” > ; ######
(iv)in clause (i)(III)(cc) (as so redesignated), by striking the period at the end and inserting a semicolon; and ######
(v)by adding at the end the following: > > ###### “(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.” > . ####
(5)Technical assistance Section 1265B of the Food Security Act of 1985 (16 U.S.C. 3865b) is amended by striking subsection
(d)and inserting the following: > > ### “(d) Technical Assistance > > The Secretary may provide technical assistance, if requested, to assist in compliance with the terms and conditions of easements.” > .
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Sec. 2603
AGRICULTURAL LAND EASEMENTS
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