Farmland Protection Policy Act

(a) Findings, purpose, and definitions Section 1540 of the Agriculture and Food Act of 1981 (7 U.S.C. 4201) is amended— (1) by striking the section heading and designation and all that follows through (a) Congress in subsection (a) and inserting the following: 1540. Findings, purpose, and definitions (a) Findings Congress; (2) in subsection (a)— (A) in paragraph (1), by striking the Nation’s and inserting United States; (B) in paragraph (2), by striking amount of the Nation’s and inserting quantity of United States; (C) in paragraph (3), by striking Nation’s and inserting United States; (D) by redesignating paragraphs (4) through (7) as paragraphs (5) through (8), respectively; and (E) by inserting after paragraph (3) the following: (4) United States farmland is a vital source of environmental services, such as carbon sequestration;; (3) in subsection (b)— (A) by striking (b) The and inserting the following: (b) Purpose The; (B) by striking assure and inserting ensure; and (C) by inserting Tribal, after State,; and (4) in subsection (c)— (A) in each of paragraphs (2) and (3), by striking the semicolon at the end of the paragraph and inserting a period; (B) in each of paragraphs (2), (3), and (5)— (i) by inserting a paragraph heading, the text of which comprises the term defined in the paragraph; and (ii) by striking the term and inserting The term; (C) by redesignating paragraphs (2), (3), and (5) as paragraphs (7), (8), and (6), respectively, and moving all paragraphs so as to appear in numerical order; (D) in paragraph (1), by redesignating subparagraphs (A) through (C) as subparagraphs (B) through (D), respectively; (E) by striking the subsection designation and all that follows through defined as follows: in the matter preceding subparagraph (B) of paragraph (1) (as so redesignated) and inserting the following: (c) Definitions In this subtitle: (1) Conversion The term conversion means— (A) the physical conversion of farmland to a nonagricultural use; (B) the effective conversion of farmland as a consequence of physical conversion of adjacent farmland, which threatens the continued viability of the land for agricultural use; and (C) a change in management of federally owned land historically used for agriculture to a nonagricultural use. (2) Farmland (A) In general The term farmland includes— (i) prime farmland described in subparagraph (B); (ii) unique farmland described in subparagraph (C); and (iii) farmland of statewide or local importance described in subparagraph (D).; (F) in paragraph (2) (as so redesignated)— (i) in subparagraph (B) (as redesignated by subparagraph (D))— (I) by striking the subparagraph designation and all that follows through is land in the first sentence and inserting the following: (B) Prime farmland For purposes of subparagraph (A)(i), prime farmland— (i) means land; (II) in clause (i) (as so designated), by striking the Secretary. Prime farmland includes land that possesses the above characteristics and inserting the following: the Secretary; (ii) includes land that possesses the characteristics described in clause (i); (III) in clause (ii) (as so designated), by striking timber. It does not include and inserting the following: timber; and (iii) does not include; and (IV) in clause (iii) (as so designated), by striking the semicolon at the end and inserting a period; (ii) in subparagraph (C) (as redesignated by subparagraph (D))— (I) by striking the subparagraph designation and all that follows through that is used for in the first sentence and inserting the following: (C) Unique farmland (i) In general For purposes of subparagraph (A)(ii), unique farmland means land other than prime farmland that— (I) is suitable for; (II) in clause (i) (as so designated)— (aa) in subclause (I) (as so designated), by striking the Secretary. It has and inserting the following: the Secretary; and (II) has; and (bb) in subclause (II) (as so designated), in the second sentence, by striking Examples of such crops and inserting the following: (ii) Crops described The crops referred to in clause (i); and (III) in clause (ii) (as so designated), by striking; and at the end and inserting a period; and (iii) in subparagraph (D) (as redesignated by subparagraph (D))— (I) by striking the subparagraph designation and all that follows through farmland, other and inserting the following: (D) Farmland of statewide or local importance The farmland referred to in subparagraph (A)(iii) is farmland, other; (II) by inserting and is suitable after local importance; and (III) by striking the semicolon at the end and inserting a period; (G) by inserting after paragraph (2) (as so redesignated) the following: (3) Farmland of national significance The term farmland of national significance means farmland that is the most suitable for intensive crop and food production, as determined by the Secretary, taking into consideration, among other factors, the physical and chemical characteristics of the farmland.; (H) in paragraph (4)— (i) in the first sentence— (I) by striking involve (A) undertaking and inserting the following: involve— (i) undertaking; and (II) in clause (i) (as so designated), by striking (B) acquiring and inserting the following: (ii) acquiring; (ii) in clause (ii) (as so designated), in the second sentence— (I) by striking; and at the end and inserting a period; and (II) by striking The term and inserting the following: (B) Exclusions The term; and (iii) by striking the paragraph designation and all that follows through those in the matter preceding clause (i) (as so designated) and inserting the following: (4) Federal program (A) In general The term Federal program means any; and (I) by inserting after paragraph (4) the following: (5) Permanently protected farmland The term permanently protected farmland means farmland encumbered by a conservation easement that is— (A) held by the Federal Government, a State or Tribal government, a unit of local government, or a land conservation organization; and (B) for a term that is— (i) perpetual; or (ii) the maximum number of years allowed by State law.. (b) Farmland protection policy Section 1541 of the Agriculture and Food Act of 1981 (7 U.S.C. 4202) is amended to read as follows: 1541. Farmland protection policy (a) In general It is the policy of the United States that Federal programs— (1) shall minimize the conversion of farmland to nonagricultural uses; and (2) subject to subsection (d), shall not convert to nonagricultural uses farmland that— (A) is permanently protected farmland; (B) has been defined and delineated by the Secretary under subsection (b)(1) as farmland of national significance; or (C) has been defined and delineated by a State as significant to the State or a priority for inclusion in a State farmland protection program and for which the State has submitted a definition and delineation under subsection (b)(2). (b) Definition and delineation of land (1) National significance (A) In general The Secretary shall define and delineate farmland of national significance. (B) Experts The Secretary shall convene a group of experts, including agronomists and soil scientists, to assist the Secretary in carrying out subparagraph (A). (2) State significance Any State wishing to have farmland recognized under subsection (a)(2)(C) shall provide to the Secretary a definition and delineation of the farmland. (c) Process and criteria (1) Process and criteria The Secretary shall develop a process, including criteria— (A) to determine the potential conversion of farmland as a consequence of any action or activity conducted through a Federal program; (B) (i) to minimize the conversion of farmland to nonagricultural uses; or (ii) in the case of farmland identified under subsection (a)(2), to avoid conversion of the farmland to nonagricultural uses; (C) to provide to the Secretary notice regarding actions described in subparagraphs (A) and (B); and (D) that the Secretary shall use to make determinations under subsection (d). (2) Use required Each department, agency, independent commission, and other unit of the Federal Government shall use the process and criteria developed under paragraph (1) in carrying out a Federal program. (d) Exemption (1) In general Subsection (a)(2) shall not apply if the Secretary determines, based on the process and criteria developed under subsection (c)(1), that converting farmland to nonagricultural uses cannot be avoided. (2) Minimization of conversion In a case in which the Secretary makes a determination under paragraph (1), the Federal program shall minimize the conversion of farmland described in subsection (a)(2) to the maximum extent practicable. (e) Information The Secretary may make available to States, units of local government, individuals, organizations, and other units of the Federal Government information— (1) useful in restoring, maintaining, and improving the quantity and quality of farmland; and (2) concerning the location of permanently protected farmland. (f) Assistance The Secretary shall provide assistance to departments, agencies, independent commissions, and other units of the Federal Government, on request, in using the process and criteria developed under subsection (c)(1)..