Farmland protection program

(a)

Definitions

Section 1238H of the Food Security Act of 1985 (16 U.S.C. 3838h) is amended— (1)in paragraph (1), by inserting an entity certified under section 1238I(b) that is after means; and (2)in paragraph (2)(B)(v), by inserting , including woodlots, wooded corners, and forested riparian areas that may comprise up to 50 percent of the offered acreage after Secretary. (b)

Program

Section 1238I of the Food Security Act of 1985 is amended to read as follows:

1238I.

Farmland Protection Program

(a)

Grant program

The Secretary, acting through the Natural Resources Conservation Service, shall establish and carry out a program to make grants to eligible entities for the purpose of protecting the agricultural production capacity of the land by limiting incompatible nonagricultural uses of the land. The program shall give priority to protecting farm and ranchland— (1)with prime, unique, or other productive soils that are at risk of nonagricultural development; (2)that will stay in production agriculture; (3)in rural communities that face intense pressure for conversion to nonagricultural use, as determined by the Secretary; or (4)in areas that have locally-led land-use planning and zoning strategies. (b)

Certification

In order to delineate eligible entities for program participation under this section, the Secretary shall implement a process, to be published in the Federal Register, for certifying entities described in subparagraph (A) or (B) of section 1238H(1). The certification requirements shall include at a minimum the following: (1)Strategic planning and articulated objectives. (2)Demonstrated long-term commitment and organizational viability. (3)Track record of funds management and accountability. (4)History of successfully completing agricultural conservation projects. (5)Use of a conservation plan for any highly erodible cropland for which a conservation easement or other interest is purchased. (c)

Grant agreements

The Secretary, acting through the Natural Resources Conservation Service, may enter into agreements with eligible entities certified for program participation under subsection (b), under which an eligible entity may purchase conservation easements using a combination of its own funds and grant funds distributed by the Secretary under the program. An agreement shall stipulate the terms and conditions under which the eligible entity shall use funds provided by the Secretary under the program, except that under such an agreement— (1)the eligible entity shall be authorized to determine its own criteria and priorities for purchasing conservation easements and other interests in land; and (2)the eligible entity shall be authorized to use its own terms and conditions for conservation easements and other purchases of interests in land, if the attorney general of the State in which the property to be purchased is located certifies that such terms and conditions are adequate under State law to achieve and permit effective enforcement of the conservation purposes of such easements or other interests. (d)

Enforcement and reversionary interests

No Federal contingent right of enforcement or reversionary interest in a conservation easement or other purchase of an interest in land shall be required under the program if the attorney general of the State in which the property to be purchased using grant funds is located certifies that the State or local government has a direct or contingent right of enforcement or reversionary interest therein. (e)

Cost sharing

(1)

Share provided under this section

The share of the cost of purchasing a conservation easement or other interest in eligible land described in subsection (a) provided under section 1241(d) shall not exceed 50 percent of the appraised fair market value of the conservation easement or other interest in eligible land. (2)

Share provided under other funding source

As part of the share of the cost of purchasing a conservation easement or other interest in eligible land described in subsection (a) that is not provided under section 1241(d), an eligible entity may include a charitable donation by the private landowner from which the eligible land is to be purchased of not more than 50 percent of the fair market value of the conservation easement or other interest in eligible land.