U.S. CODE

U.S. Code

§ 3838h. Definitions

In this subpart:

(1) Eligible entity

The term “eligible entity” means—

(A) any agency of any State or local government or an Indian tribe (including a farmland protection board or land resource council established under State law); or

(B) any organization that—

(i) is 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) is an organization described in section 501(c)(3) of that title that is exempt from taxation under section 501(a) of that title; and

(iii) is—

(I) described in paragraph (1) or (2) of section 509(a) of that title; or

(II) described in section 509 (a)(3), and is controlled by an organization described in section 509(a)(2), of that title.

(2) Eligible land

(A) In general

The term “eligible land” means land on a farm or ranch that is subject to a pending offer for purchase from an eligible entity and—

(i) has prime, unique, or other productive soil;

(ii) contains historical or archaeological resources; or

(iii) the protection of which will further a State or local policy consistent with the purposes of the program.

(B) Inclusions

The term “eligible land” includes, on a farm or ranch—

(i) cropland;

(ii) rangeland;

(iii) grassland;

(iv) pasture land;

(v) forest land that—

(I) contributes to the economic viability of an agricultural operation; or

(II) serves as a buffer to protect an agricultural operation from development; and

(vi) land that is incidental to land described in clauses (i) through (v), if such land is necessary for the efficient administration of a conservation easement, as determined by the Secretary.

(3) Indian tribe

The term “Indian tribe” has the meaning given the term in section 450b of title 25.

(4) Program

The term “program” means the farmland protection program established under section 3838i (a) of this title.

Tips