eligible land
(1) Eligible land The term “eligible land” means privately owned agricultural land (including land in which a State has a property interest as a result of State water law)— (A) that a landowner voluntarily agrees to sell to a State; and (B) which— (i) (I) is ineligible for enrollment as a wetland reserve easement established under the agricultural conservation easement program under subtitle H of the Food Security Act of 1985; (II) is flooded to— (aa) an average depth of at least 6.5 feet; or (bb) a level below which the State determines the management of the water level is beyond the control of the State or landowner; or (III) is inaccessible for agricultural use due to the flooding of adjoining property (such as islands of agricultural land created by flooding); (ii) is located within a watershed with water rights available for lease or purchase; and (iii) has been used during at least 5 of the immediately preceding 30 years— (I) to produce crops or hay; or (II) as livestock pasture or grazing.