16 U.S. Code § 3838h - Definitions

Status message

There are 2 Updates Pending. Select the tab below to view.
prev | next
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.

Source

(Pub. L. 99–198, title XII, § 1238H, as added Pub. L. 107–171, title II, § 2503(a),May 13, 2002, 116 Stat. 267; amended Pub. L. 110–234, title II, § 2401(a),May 22, 2008, 122 Stat. 1048; Pub. L. 110–246, § 4(a), title II, § 2401(a),June 18, 2008, 122 Stat. 1664, 1776.)
Codification

Pub. L. 110–234and Pub. L. 110–246made identical amendments to this section. The amendments by Pub. L. 110–234were repealed by section 4(a) ofPub. L. 110–246.
Amendments

2008—Par. (1). Pub. L. 110–246, § 2401(a)(1), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: “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;
“(iii) is described in section 509(a)(2) of that title; or
“(iv) is described in section 509 (a)(3), and is controlled by an organization described in section 509(a)(2), of that title.”
Par. (2)(A). Pub. L. 110–246, § 2401(a)(2)(A)(i), substituted “that is subject to a pending offer for purchase from an eligible entity and—” for “that—” in introductory provisions.
Par. (2)(A)(i) to (iii). Pub. L. 110–246, § 2401(a)(2)(A)(ii), added cls. (i) to (iii) and struck out former cls. (i) and (ii) which read as follows:
“(i)(I) has prime, unique, or other productive soil; or
“(II) contains historical or archaeological resources; and
“(ii) is subject to a pending offer for purchase from an eligible entity.”
Par. (2)(B)(iv) to (vi). Pub. L. 110–246, § 2401(a)(2)(B), added cls. (v) and (vi) and struck out former cl. (v) which read as follows: “forest land that is an incidental part of an agricultural operation, as determined by the Secretary.”
Effective Date of 2008 Amendment

Amendment of this section and repeal of Pub. L. 110–234by Pub. L. 110–246effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 ofPub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013

An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.

16 USCDescription of ChangeSession YearPublic LawStatutes at Large
§ 3838hrepealed2014113-79 [Sec.] 2704(a)128 Stat. 767
§ 3838hnt new2014113-79 [Sec.] 2704128 Stat. 767

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


7 CFR - Agriculture

7 CFR Part 1491 - FARM AND RANCH LANDS PROTECTION PROGRAM

 

LII has no control over and does not endorse any external Internet site that contains links to or references LII.