§ 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 (b)(1), were repealed by Pub.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
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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—
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** For purposes of subchapters I through VIII:
(1) The term “agricultural commodity” means—
(A) any agricultural commodity planted and produced in a State by annual tilling of the soil, including tilling by one-trip planters; or
(B) sugarcane planted and produced in a State.
(2) **Beginning farmer or rancher.—** — The term “beginning farmer or rancher” has the meaning given the term in [section 1991(a)(8) of title 7](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1991/a/8&num=0&edition=prelim).
(3) **Conservation plan.—** — The term “conservation plan” means the document that—
(A) applies to highly erodible cropland;
(B) describes the conservation system applicable to the highly erodible cropland and describes the decisions of the person with respect to location, land use, tillage systems, and conservation treatment measures and schedule; and
(C) is approved by the local soil conservation district, in consultation with the local committees established under [section 590h(b)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section590h/b/5&num=0&edition=prelim) and the Secretary, or by the Secretary.
(4) **Conservation system.—** — The term “conservation system” means a combination of 1 or more conservation measures or management practices that—
(A) are based on local resource conditions, available conservation technology, and the standards and guidelines contained in the Natural Resources Conservation Service field office technical guides; and
(B) are designed to achieve, in a cost effective and technically practicable manner, a substantial reduction in soil erosion or a substantial improvement in soil conditions on a field or group of fields containing highly erodible croplan
Stored review status: release_metadata_unconfirmed. The source passage cites 16 U.S.C. § 3801. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 3801. Definitions
(a) For purposes of subchapters I through VIII:
(1) The term ‘‘agricultural commodity’’
means—
(A) any agricultural commodity planted
and produced in a State by annual tilling of
the soil, including tilling by one-trip plant-
ers; or
(B) sugarcane planted and produced in a
State.
(2) BEGINNING
FARMER
OR
RANCHER.—The
term ‘‘beginning farmer or rancher’’ has the
meaning given the term in section 1991(a)(8) of
title 7.
(3) CONSERVATION
PLAN.—The term ‘‘con-
servation plan’’ means the document that—
(A) applies to highly erodible cropland;
(B) describes the conservation system ap-
plicable to the highly erodible cropland and
describes the decisions of the person with re-
spect to location, land use, tillage systems,
and conservation treatment measures and
schedule; and
(C) is approved by the local soil conserva-
tion district, in consultation with the local
Page 2339
TITLE 16—CONSERVATION
§ 3801
committees
established
under
section
590h(b)(5) of this title and the Secretary, or
by the Secretary.
(4) CONSERVATION SYSTEM.—The term ‘‘con-
servation system’’ means a combination of 1
or more conservation measures or manage-
ment practices that—
(A) are based on local resource conditions,
available conservation technology, and the
standards and guidelines contained in the
Natural
Resources
Conservation
Service
field office technical guides; and
(B) are designed to achieve, in a cost effec-
tive and technically practicable manner, a
substantial reduction in soil erosion or a
substantial improvement in soil conditions
on a field or group of fields containing high-
ly erodible cropland when compared to the
level of erosion or soil conditions that ex-
isted before the application of the conserva-
tion measures and management pr
Stored review status: historical_2024_not_currentness_verified. The source passage cites 16 U.S.C. § 3801. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment** The Secretary shall establish an agricultural conservation easement program for the conservation 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 established under section 3837 11 See References in Text note below. 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 effect 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 agricultural uses and conservation values; and
(4) protect grazing uses and related conservation values by restoring or conserving eligible land.