2016 US Code
Title 16 - Conservation
Chapter 58 - Erodible Land and Wetland Conservation and Reserve Program
Subchapter VII - Agricultural Conservation Easement Program
Sec. 3865b - Agricultural land easements

(i) the Uniform Standards of Professional Appraisal Practice;

(ii) an areawide market analysis or survey; or

(iii) another industry-approved method.

Under the agreement, the eligible entity shall provide a share that is at least equivalent to that provided by the Secretary.

An eligible entity may include as part of its share under clause (i) a charitable donation or qualified conservation contribution (as defined by section 170(h) of title 26) from the private landowner if the eligible entity contributes its own cash resources in an amount that is at least 50 percent of the amount contributed by the Secretary.

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.

For purposes of subparagraph (B)(ii), the Secretary may waive any portion of the eligible entity cash contribution requirement for projects of special significance, subject to an increase in the private landowner donation that is equal to the amount of the waiver, if the donation is voluntary and the property is in active agricultural production.

(i) protecting agricultural uses and related conservation values of the land; and

(ii) maximizing the protection of areas devoted to agricultural use.

(i) in the case of an eligible entity certified under the process described in paragraph (5), a minimum of five years; and

(ii) for all other eligible entities, at least three, but not more than five years.

(i) are consistent with the purposes of the program;

(ii) permit effective enforcement of the conservation purposes of such easements;

(iii) include a right of enforcement for the Secretary, that may be used only if the terms of the easement are not enforced by the holder of the easement;

(iv) subject the land in which an interest is purchased to an agricultural land easement plan that—

(v) include a limit on the impervious surfaces to be allowed that is consistent with the agricultural activities to be conducted.

(i) the Secretary may terminate the agreement; and

(ii) the Secretary may require the eligible entity to refund all or part of any payments received by the entity under the program, with interest on the payments as determined appropriate by the Secretary.

(i) directly certify eligible entities that meet established criteria;

(ii) enter into long-term agreements with certified eligible entities; and

(iii) accept proposals for cost-share assistance for the purchase of agricultural land easements throughout the duration of such agreements.

(i) a plan for administering easements that is consistent with the purpose of the program;

(ii) the capacity and resources to monitor and enforce agricultural land easements; and

(iii) policies and procedures to ensure—

The Secretary shall conduct a review of eligible entities certified under subparagraph (A) every three years to ensure that such entities are meeting the criteria established under subparagraph (B).

If the Secretary finds that a certified eligible entity no longer meets the criteria established under subparagraph (B), the Secretary may—