---
kind: "section"
citation: "16 U.S.C. § 3865a"
title: "16"
title_heading: "Conservation"
number: "3865a"
heading: "Definitions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/3865a"
units:
  - "Chapter 58 — Erodible Land and Wetland Conservation and Reserve Program"
  - "Subchapter VII — Agricultural Conservation Easement Program"
---

# §3865a. Definitions


In this subchapter:

- (1) **Agricultural land easement—** The term “agricultural land easement” means an easement or other interest in [eligible land](#4) that—
  - (A) is conveyed for the purpose of protecting natural resources and the agricultural nature of the land; and
  - (B) permits the landowner the right to continue agricultural production and related uses.
- (2) **Buy-protect-sell transaction—**
  - (A) **In general—** The term “buy-protect-sell transaction” means a legal arrangement—
    - (i) between an [eligible entity](#3) and the [Secretary](/usc/16/3801.md?p=a-21) relating to land that an [eligible entity](#3) owns or is going to purchase prior to [acquisition](/usc/16/620e.md?p=1) of an [agricultural land easement](#1);
    - (ii) under which the [eligible entity](#3) certifies to the [Secretary](/usc/16/3801.md?p=a-21) that the [eligible entity](#3) shall—
      - (I)
        - (aa) hold an [agricultural land easement](#1) on that land, but transfer ownership of the land to a farmer or rancher that is not an [eligible entity](#3) prior to or on [acquisition](/usc/16/620e.md?p=1) of the [agricultural land easement](#1); or
        - (bb) hold an [agricultural land easement](#1) on that land, but transfer ownership of the land to a farmer or rancher that is not an [eligible entity](#3) in a timely manner and, subject to [subparagraph (B)](#2-B), not later than 3 years after the date of [acquisition](/usc/16/620e.md?p=1) of the [agricultural land easement](#1); and
      - (II) make an initial sale of the land subject to the [agricultural land easement](#1) to a farmer or rancher at not more than agricultural value, plus any reasonable holding and transaction costs incurred by the [eligible entity](#3), as determined by the [Secretary](/usc/16/3801.md?p=a-21); and
    - (iii) under which the [Secretary](/usc/16/3801.md?p=a-21) shall be reimbursed for the entirety of the Federal share of the cost of the [agricultural land easement](#1) by the [eligible entity](#3) if the [eligible entity](#3) fails to transfer ownership under item (aa) or (bb), as applicable, of [clause (ii)(I)](#2-A-ii-I).
  - (B) **Time extension—** Under [subparagraph (A)(ii)(I)(bb)](#2-A-ii-I-bb), an [eligible entity](#3) may transfer land later than 3 years after the date of [acquisition](/usc/16/620e.md?p=1) of the [agricultural land easement](#1) if the [Secretary](/usc/16/3801.md?p=a-21) determines an extension of time is justified.
- (3) **Eligible entity—** The term “eligible entity” means—
  - (A) an agency of [State](/usc/16/3801.md?p=a-24) or local government or an [Indian tribe](/usc/16/3801.md?p=a-14) (including a farmland protection board or land resource council established under [State](/usc/16/3801.md?p=a-24) law); or
  - (B) an organization that is—
    - (i) 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](/usc/26/170.md?p=h-4-A);
    - (ii) an organization described in [section 501(c)(3) of title 26](/usc/26/501.md?p=c-3) that is exempt from taxation under [section 501(a) of title 26](/usc/26/501.md?p=a); or
    - (iii) described in—
      - (I) paragraph (1) or (2) of [section 509(a) of title 26](/usc/26/509.md?p=a); or
      - (II) [section 509(a)(3) of title 26](/usc/26/509.md?p=a-3) and is controlled by an organization described in [section 509(a)(2) of title 26](/usc/26/509.md?p=a-2).
- (4) **Eligible land—** The term “eligible land” means private or tribal land that is—
  - (A) in the case of an [agricultural land easement](#1), agricultural land, including land on a farm or ranch—
    - (i) that is subject to—
      - (I) a pending offer for purchase of an [agricultural land easement](#1) from an [eligible entity](#3); or
      - (II) a [buy-protect-sell transaction](#2-A);
    - (ii)
      - (I) that has prime, unique, or other productive soil;
      - (II) that contains historical or archaeological resources;
      - (III) the enrollment of which would protect grazing uses and related conservation values by restoring and conserving land; or
      - (IV) the protection of which will further a [State](/usc/16/3801.md?p=a-24) or local policy consistent with the purposes of the [program](#6); and
    - (iii) that is—
      - (I) cropland;
      - (II) rangeland;
      - (III) grassland or land that contains forbs, or shrubland for which grazing is the predominant use;
      - (IV) located in an [area](/usc/16/539m–1.md?p=1-A) that has been historically dominated by grassland, forbs, or shrubs and could provide habitat for animal or plant populations of significant ecological value;
      - (V) pastureland; or
      - (VI) [nonindustrial private forest land](/usc/16/3801.md?p=a-18) that contributes to the economic viability of an offered parcel or serves as a buffer to protect such land from development;
  - (B) in the case of a [wetland reserve easement](#7), a [wetland](/usc/16/3801.md?p=a-27) or related [area](/usc/16/539m–1.md?p=1-A), including—
    - (i) farmed or [converted wetlands](/usc/16/3801.md?p=a-7-A), together with adjacent land that is functionally dependent on that land, if the [Secretary](/usc/16/3801.md?p=a-21) determines it—
      - (I) is likely to be successfully restored in a cost-effective manner; and
      - (II) will maximize the wildlife benefits and [wetland](/usc/16/3801.md?p=a-27) functions and values;
    - (ii) cropland or grassland that was used for agricultural production prior to flooding from the natural overflow of—
      - (I) a closed basin lake and adjacent land that is functionally dependent upon it, if the [State](/usc/16/3801.md?p=a-24) or other entity is willing to provide 50 percent share of the cost of an easement; or
      - (II) a pothole and adjacent land that is functionally dependent on it;
    - (iii) farmed [wetlands](/usc/16/3801.md?p=a-27) and adjoining lands that—
      - (I) are enrolled in the conservation reserve [program](#6);
      - (II) have the highest [wetland](/usc/16/3801.md?p=a-27) functions and values, as determined by the [Secretary](/usc/16/3801.md?p=a-21); and
      - (III) are likely to return to production after they leave the conservation reserve [program](#6);
    - (iv) riparian [areas](/usc/16/539m–1.md?p=1-A) that link [wetlands](/usc/16/3801.md?p=a-27) that are protected by easements or some other device that achieves the same purpose as an easement; or
    - (v) other [wetlands](/usc/16/3801.md?p=a-27) of an [owner](/usc/16/429b–3.md?p=4) that would not otherwise be eligible, if the [Secretary](/usc/16/3801.md?p=a-21) determines that the inclusion of such [wetlands](/usc/16/3801.md?p=a-27) in a [wetland reserve easement](#7) would significantly add to the functional value of the easement; or
  - (C) in the case of either an [agricultural land easement](#1) or a [wetland reserve easement](#7), other land that is incidental to land described in subparagraph [(A)](#4-A) or [(B)](#4-B), if the [Secretary](/usc/16/3801.md?p=a-21) determines that it is necessary for the efficient administration of an easement under the [program](#6).
- (5) **Monitoring report—** The term “monitoring report” means a report, the contents of which are formulated and prepared by the holder of an [agricultural land easement](#1), that accurately documents whether the land subject to the [agricultural land easement](#1) is in compliance with the terms and conditions of the [agricultural land easement](#1).
- (6) **Program—** The term “program” means the agricultural conservation easement program established by this subchapter.
- (7) **Wetland reserve easement—** The term “wetland reserve easement” means a reserved interest in [eligible land](#4) that—
  - (A) is defined and delineated in a deed; and
  - (B) stipulates—
    - (i) the rights, title, and interests in land conveyed to the [Secretary](/usc/16/3801.md?p=a-21); and
    - (ii) the rights, title, and interests in land that are reserved to the landowner.

## Source credit

(Pub. L. 99–198, title XII, § 1265A, as added Pub. L. 113–79, title II, § 2301(a), Feb. 7, 2014, 128 Stat. 732; amended Pub. L. 115–334, title II, § 2602, Dec. 20, 2018, 132 Stat. 4585.)

## Notes

### Editorial Notes

### Amendments

2018—Par. (1)(B). Pub. L. 115–334, § 2602(1), struck out “subject to an agricultural land easement plan, as approved by the Secretary” after “related uses”.

Pars. (2), (3). Pub. L. 115–334, § 2602(2), (3), added par. (2) and redesignated former par. (2) as (3). Former par. (3) redesignated (4).

Par. (4). Pub. L. 115–334, § 2602(2), redesignated par. (3) as (4). Former par. (4) redesignated (6).

Par. (4)(A)(i). Pub. L. 115–334, § 2602(4)(A), inserted dash after “to”, subcl. (I) designation before “a pending”, and “or” at end, and added subcl. (II).

Par. (4)(B)(i)(II). Pub. L. 115–334, § 2602(4)(B), struck out “, as determined by the Secretary in consultation with the Secretary of the Interior at the local level” before semicolon at end.

Par. (5). Pub. L. 115–334, § 2602(5), added par. (5). Former par. (5) redesignated (7).

Pars. (6), (7). Pub. L. 115–334, § 2602(2), redesignated pars. (4) and (5) as (6) and (7), respectively.