Existing agricultural land

Existing agricultural land is cropland, pastureland, and land enrolled in the Conservation Reserve Program (administered by the U.S. Department of Agriculture's Farm Service Agency) that was cleared or cultivated prior to December 19, 2007, and that, on December 19, 2007, was:
(1) Nonforested; and
(2) Actively managed as agricultural land or fallow, as evidenced by records which must be traceable to the land in question, which must include one of the following:
(i) Records of sales of planted crops, crop residue, or livestock, or records of purchases for land treatments such as fertilizer, weed control, or seeding.
(ii) A written management plan for agricultural purposes.
(iii) Documented participation in an agricultural management program administered by a Federal, state, or local government agency.
(iv) Documented management in accordance with a certification program for agricultural products.

Source

40 CFR § 80.2

Scoping language

The definitions of this section apply in this part unless otherwise specified. Note that many terms defined here are common terms that have specific meanings under this part.