CHAPTER 73 —FARMLAND PROTECTION POLICY
§4201. General provisions
(a) Congressional statement of findings
Congress finds that—
(1) the Nation's farmland is a unique natural resource and provides food and fiber necessary for the continued welfare of the people of the United States;
(2) each year, a large amount of the Nation's farmland is irrevocably converted from actual or potential agricultural use to nonagricultural use;
(3) continued decrease in the Nation's farmland base may threaten the ability of the United States to produce food and fiber in sufficient quantities to meet domestic needs and the demands of our export markets;
(4) the extensive use of farmland for nonagricultural purposes undermines the economic base of many rural areas;
(5) Federal actions, in many cases, result in the conversion of farmland to nonagricultural uses where alternative actions would be preferred;
(6) the Department of Agriculture is the agency primarily responsible for the implementation of Federal policy with respect to United States farmland, assuring the maintenance of the agricultural production capacity of the United States, and has the personnel and other resources needed to implement national farmland protection policy; and
(7) the Department of Agriculture and other Federal agencies should take steps to assure that the actions of the Federal Government do not cause United States farmland to be irreversibly converted to nonagricultural uses in cases in which other national interests do not override the importance of the protection of farmland nor otherwise outweigh the benefits of maintaining farmland resources.
(b) Statement of purpose
The purpose of this chapter is to minimize the extent to which Federal programs contribute to the unnecessary and irreversible conversion of farmland to nonagricultural uses, and to assure that Federal programs are administered in a manner that, to the extent practicable, will be compatible with State, unit of local government, and private programs and policies to protect farmland.
(c) Definitions
As used in this chapter—
(1) the term "farmland" includes all land defined as follows:
(A) prime farmland is land that has the best combination of physical and chemical characteristics for producing food, feed, fiber, forage, oilseed, and other agricultural crops with minimum inputs of fuel, fertilizer, pesticides, and labor, and without intolerable soil erosion, as determined by the Secretary. Prime farmland includes land that possesses the above characteristics but is being used currently to produce livestock and timber. It does not include land already in or committed to urban development or water storage;
(B) unique farmland is land other than prime farmland that is used for production of specific high-value food and fiber crops, as determined by the Secretary. It has the special combination of soil quality, location, growing season, and moisture supply needed to economically produce sustained high quality or high yields of specific crops when treated and managed according to acceptable farming methods. Examples of such crops include citrus, tree nuts, olives, cranberries, fruits, and vegetables; and
(C) farmland, other than prime or unique farmland, that is of statewide or local importance for the production of food, feed, fiber, forage, or oilseed crops, as determined by the appropriate State or unit of local government agency or agencies, and that the Secretary determines should be considered as farmland for the purposes of this chapter;
(2) the term "State" means any of the fifty States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Trust Territory of the Pacific Islands, or any territory or possession of the United States;
(3) the term "unit of local government" means the government of a county, municipality, town, township, village, or other unit of general government below the State level, or a combination of units of local government acting through an areawide agency under State law or an agreement for the formulation of regional development policies and plans;
(4) the term "Federal program" means those activities or responsibilities of a department, agency, independent commission, or other unit of the Federal Government that involve (A) undertaking, financing, or assisting construction or improvement projects; or (B) acquiring, managing, or disposing of Federal lands and facilities. The term "Federal program" does not include construction or improvement projects that on the effective date of this chapter are beyond the planning stage and are in either the active design or construction state; and
(5) the term "Secretary" means the Secretary of Agriculture.
(
Editorial Notes
References in Text
The effective date of this chapter, referred to in subsec. (c)(4), is six months after Dec. 22, 1981, see Effective Date note below.
Statutory Notes and Related Subsidiaries
Effective Date
Short Title
Farmland Protection
"SEC. 1465. SHORT TITLE, PURPOSE, AND DEFINITION.
"(a)
"(b)
"(c)
"(1)
"(2)
"(3)
"(A) the State of Vermont; and
"(B) at the option of the Secretary and subject to appropriations, any State that—
"(i) operates or administers a land preservation fund that invests funds in the protection or preservation of farmland for agricultural purposes; and
"(ii) works in coordination with the governing bodies of counties, towns, townships, villages, or other units of general government below the State level, or with private nonprofit or public organizations, to assist in the preservation of farmland for agricultural purposes.
"(4)
"(5)
"(6)
"(7)
"(8)
"SEC. 1466. ESTABLISHMENT OF PROGRAM.
"(a)
"(1)
"(2)
"(b)
"(1) fully guarantee with the full faith and credit of the United States each eligible loan described in section 1465(c)(2) made to, or issued for the benefit of, each State trust fund under procedures established by the Secretary;
"(2) annually pay to each State trust fund an amount calculated by applying the allowable interest rate to the amount of each loan described in section 1465(c)(2) made to, or issued for the benefit of, each State trust fund during each of the first 5 years after the date on which each such loan was made or issued; and
"(3) annually pay to each State trust fund, for each year during the second 5-year period after each such eligible loan is made to, or issued for the benefit of, the State trust fund, an amount calculated by applying the interest rate difference, between the rate of interest charged to borrowers of direct loans as described in section 316(a)(2) of the Consolidated Farm and Rural Development Act (
"(c)
"(1)
"(2)
"(3)
"(d)
"(e)
"(f)
"(1) the application procedures for eligible States;
"(2) the factors to be used in approving applicants;
"(3) procedures for the prompt payment of the obligations of the Secretary under subsection (b);
"(4) recordkeeping requirements for approved State trust funds;
"(5) requirements to prevent program abuse and procedures to recover improperly obtained funds;
"(6) rules permitting State trust funds to act as revolving funds or to otherwise accumulate additional capital, based on investments, to be subsequently used to promote the purposes of this chapter; and
"(7) any other rules necessary and appropriate to carry out the program.
"(g)
"(h)
"(1)
"(A) to purchase development rights, conservation easements or other types of easements, or to purchase agricultural land in fee simple or some lesser estate in land;
"(B) to pay all reasonable and customary costs including appraisal, survey and engineering fees, and legal expenses;
"(C) to pay the costs of enforcing easements or land use restrictions;
"(D) to cover the costs of complying with any regulations issued by the Secretary under this program and the costs of implementing the farmland plan of operation, except that the guaranteed loan proceeds shall not be used to pay overhead expenses of the State trust fund (rent, utilities, salaries, wages, insurance premiums, and the like); and
"(E) to generate earnings (including through investments not exceeding 10 years in duration for each eligible loan), to be used for future farmland preservation efforts, through investments in direct obligations of the United States or obligations guaranteed by the United States or an agency thereof or by depositing funds in any member bank of the Federal Reserve System or any federally insured State nonmember bank.
"(2)
"(i)
"(j)
"(1)
"(2)
"(3)
"(A) the amount that was made available in fiscal year 1991 to the State trust fund (the Vermont Conservation and Housing Board regardless of whether the fund had been approved by the Secretary in fiscal year 1991), by the State described in section 1465(c)(3)(A), political subdivisions thereof, charitable organizations, private persons, or any other entity, in addition to the proceeds from the sale of obligations of the State related to the purposes of the State trust fund and the fair market value of donations of interests in land to the State trust fund; and
"(B) the matching contribution calculated under section 1468(c) for fiscal year 1992 for the State.
"(k)
"(1)
"(2)
"SEC. 1467. FEDERAL ACCOUNTS AND COMPLIANCE.
"(a)
"(b)
"SEC. 1468. APPLICATIONS AND ADMINISTRATION.
"(a)
"(1) prepare and submit, to the Secretary, an application at such time, in such manner, and containing such information as the Secretary shall require;
"(2) agree that the State trust fund will use any funds provided, or guaranteed, by the Secretary under this chapter in a manner that is consistent with the chapter and the regulations promulgated by the Secretary; and
"(3) agree to comply with any other requirements set forth in agreements with the Secretary or as the Secretary may prescribe by regulation.
"(b)
"(c)
"(1)
"(2)
"(3)
"(4)
"(i) the fair market value is based on an appraisal determined to be adequate by the State trust fund; and
"(ii) the donation is consistent with the State farmland preservation plan,
except that the value of land donated to charitable organizations by the State trust fund shall not be included as part of the match.
"(d)
"SEC. 1469. REPORT.
"Not later than September 30, 1992, and annually thereafter, the Secretary of Agriculture shall prepare and submit, to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate, a report concerning the operation of the program established under this chapter.
"SEC. 1470. IMPLEMENTATION AND EFFECTIVE DATE.
"(a)
"(b)
"SEC. 1470A. COMPTROLLER GENERAL REPORTS.
"On February 15 of 1992, and on December 1 of each of the years 1992 through 1996, the Comptroller General of the United States shall report to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate, on whether the Secretary of Agriculture is complying with the requirements of this chapter. The report shall include information concerning loans guaranteed under this chapter and the steps the Secretary of Agriculture has taken to comply with this chapter.
"SEC. 1470B. SPECIAL RULES FOR ISSUANCE OF STOCK FOR 1992.
"The Secretary shall issue the stock required to be issued to the Secretary of [the] Treasury under this chapter with respect to the eligible State described in section 1465(c)(3)(A), for fiscal year 1992, on or before December 20, 1991."
[Amendment by section 201(b), (c) of
Executive Documents
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note set out preceding
§4202. Identifying effects of Federal programs on conversion of farmland to nonagricultural uses
(a) Development of criteria to identify
The Department of Agriculture, in cooperation with other departments, agencies, independent commissions, and other units of the Federal Government, shall develop criteria for identifying the effects of Federal programs on the conversion of farmland to nonagricultural uses.
(b) Use of criteria to identify
Departments, agencies, independent commissions, and other units of the Federal Government shall use the criteria established under subsection (a) of this section, to identify the quantity of farmland actually converted by Federal programs, and to identify and take into account the adverse effects of Federal programs on the preservation of farmland; consider alternative actions, as appropriate, that could lessen such adverse effects; and assure that such Federal programs, to the extent practicable, are compatible with State, unit of local government, and private programs and policies to protect farmland.
(c) Availability of restorative, etc., information
The Department of Agriculture may make available to States, units of local government, individuals, organizations, and other units of the Federal Government information useful in restoring, maintaining, and improving the quantity and quality of farmland.
(
Editorial Notes
Amendments
1990—Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective six months after Dec. 22, 1981, see section 1549 of
§4203. Existing policies and procedures; review, etc.
(a) Each department, agency, independent commission, or other unit of the Federal Government, with the assistance of the Department of Agriculture, shall review current provisions of law, administrative rules and regulations, and policies and procedures applicable to it to determine whether any provision thereof will prevent such unit of the Federal Government from taking appropriate action to comply fully with the provisions of this chapter.
(b) Each department, agency, independent commission, or other unit of the Federal Government, with the assistance of the Department of Agriculture, shall, as appropriate, develop proposals for action to bring its programs, authorities, and administrative activities into conformity with the purpose and policy of this chapter.
(
Statutory Notes and Related Subsidiaries
Effective Date
Section effective six months after Dec. 22, 1981, see section 1549 of
§4204. Technical assistance
The Secretary is encouraged to provide technical assistance to any State or unit of local government, or any nonprofit organization, as determined by the Secretary, that desires to develop programs or policies to limit the conversion of productive farmland to nonagricultural uses.
(
Statutory Notes and Related Subsidiaries
Effective Date
Section effective six months after Dec. 22, 1981, see section 1549 of
§4205. Farmland resource information
(a) The Secretary, through existing agencies or interagency groups, and in cooperation with the cooperative extension services of the States, shall design and implement educational programs and materials emphasizing the importance of productive farmland to the Nation's well-being and distribute educational materials through communications media, schools, groups, and other Federal agencies.
(b) The Secretary shall designate one or more farmland information centers to serve as central depositories and distribution points for information on farmland issues, policies, programs, technical principles, and innovative actions or proposals by local and State governments.
(
Statutory Notes and Related Subsidiaries
Effective Date
Section effective six months after Dec. 22, 1981, see section 1549 of
§4206. Grants, contracts, etc., authority
The Secretary may carry out the purposes of this chapter, with existing facilities and funds otherwise available, through the use of grants, contracts, or such other means as the Secretary deems appropriate.
(
Statutory Notes and Related Subsidiaries
Effective Date
Section effective six months after Dec. 22, 1981, see section 1549 of
§4207. Reporting requirement
On January 1, 1987, and at the beginning of each subsequent calendar year.1 the Secretary of Agriculture shall report to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives on the progress made in implementing the provisions of this chapter. Such report shall include information on—
(1) the effects, if any, of Federal programs, authorities, and administrative activities with respect to the protection of United States farmland; and
(2) the results of the reviews of existing policies and procedures required under
(
Editorial Notes
Amendments
1985—
Statutory Notes and Related Subsidiaries
Effective Date
Section effective six months after Dec. 22, 1981, see section 1549 of
1 So in original. The period probably should be a comma.
§4208. Limitations
(a) This chapter does not authorize the Federal Government in any way to regulate the use of private or non-Federal land, or in any way affect the property rights of owners of such land.
(b) None of the provisions or other requirements of this chapter shall apply to the acquisition or use of farmland for national defense purposes during a national emergency.
(
Editorial Notes
Amendments
1990—Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective six months after Dec. 22, 1981, see section 1549 of
§4209. Prohibition on maintenance of actions
This chapter shall not be deemed to provide a basis for any action, either legal or equitable, by any person or class of persons challenging a Federal project, program, or other activity that may affect farmland: Provided, That the Governor of an affected State where a State policy or program exists to protect farmland may bring an action in the Federal district court of the district where a Federal program is proposed to enforce the requirements of
(
Editorial Notes
Amendments
1985—
Statutory Notes and Related Subsidiaries
Effective Date
Section effective six months after Dec. 22, 1981, see section 1549 of