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

# §3865b. Agricultural land easements

- (a) **Availability of assistance—** The [Secretary](/usc/16/3801.md?p=a-21) shall facilitate and provide funding for—
  - (1) the purchase by [eligible entities](/usc/16/3865a.md?p=3) of [agricultural land easements](/usc/16/3865a.md?p=1) in [eligible land](/usc/16/3865a.md?p=4);
  - (2) [technical assistance](/usc/16/3801.md?p=a-25) to implement the [program](/usc/16/3865a.md?p=6), including [technical assistance](/usc/16/3801.md?p=a-25) for the development of a [conservation plan](/usc/16/3801.md?p=a-3) under [subsection (b)(4)(C)(iv)](#b-4-C-iv); and
  - (3) [buy-protect-sell transactions](/usc/16/3865a.md?p=2-A).
- (b) **Cost-share assistance—**
  - (1) **In general—** The [Secretary](/usc/16/3801.md?p=a-21) shall protect the agricultural use, including grazing, and related conservation values of [eligible land](/usc/16/3865a.md?p=4) through cost-share assistance to [eligible entities](/usc/16/3865a.md?p=3) for purchasing [agricultural land easements](/usc/16/3865a.md?p=1).
  - (2) **Scope of assistance available—**
    - (A) **Federal share—** An agreement described in [paragraph (4)](#b-4) shall provide for a Federal share determined by the [Secretary](/usc/16/3801.md?p=a-21) of an amount not to exceed 50 percent of the fair market value of the [agricultural land easement](/usc/16/3865a.md?p=1), as determined by the [Secretary](/usc/16/3801.md?p=a-21) using—
      - (i) the Uniform Standards of Professional Appraisal Practice;
      - (ii) an areawide market analysis or survey; or
      - (iii) another industry-approved method.
    - (B) **Non-federal share—**
      - (i) **In general—** Under the agreement, the [eligible entity](/usc/16/3865a.md?p=3) shall provide a share that is at least equivalent to that provided by the [Secretary](/usc/16/3801.md?p=a-21).
      - (ii) **Grasslands exception—** In the case of grassland of special environmental significance, as determined by the [Secretary](/usc/16/3801.md?p=a-21), the [Secretary](/usc/16/3801.md?p=a-21) may provide an amount not to exceed 75 percent of the fair market value of the [agricultural land easement](/usc/16/3865a.md?p=1).
      - (iii) **Permissible forms—** The non-Federal share provided by an [eligible entity](/usc/16/3865a.md?p=3) under this subparagraph may comprise—
        - (I) cash resources;
        - (II) a charitable donation or qualified conservation contribution (as defined in [section 170(h) of title 26](/usc/26/170.md?p=h)) from the private landowner from which the [agricultural land easement](/usc/16/3865a.md?p=1) will be purchased;
        - (III) costs associated with securing a deed to the [agricultural land easement](/usc/16/3865a.md?p=1), including the cost of appraisal, survey, inspection, and title; and
        - (IV) other costs, as determined by the [Secretary](/usc/16/3801.md?p=a-21).
  - (3) **Evaluation and ranking of applications—**
    - (A) **Criteria—** The [Secretary](/usc/16/3801.md?p=a-21) shall establish evaluation and ranking criteria to maximize the benefit of Federal investment under the [program](/usc/16/3865a.md?p=6).
    - (B) **Considerations—** In establishing the criteria, the [Secretary](/usc/16/3801.md?p=a-21) shall emphasize support for—
      - (i) protecting agricultural uses and related conservation values of the land; and
      - (ii) maximizing the protection of [areas](/usc/16/539m–1.md?p=1-A) devoted to agricultural use.
    - (C) **Accounting for geographic differences—** The [Secretary](/usc/16/3801.md?p=a-21) may adjust the criteria established under [subparagraph (A)](#b-3-A) to account for geographic differences, if the adjustments—
      - (i) meet the purposes of the [program](/usc/16/3865a.md?p=6); and
      - (ii) continue to maximize the benefit of the Federal investment under the [program](/usc/16/3865a.md?p=6).
    - (D) **Priority—** In evaluating applications under the [program](/usc/16/3865a.md?p=6), the [Secretary](/usc/16/3801.md?p=a-21) may give priority to an application for the purchase of an [agricultural land easement](/usc/16/3865a.md?p=1) that, as determined by the [Secretary](/usc/16/3801.md?p=a-21), maintains agricultural viability.
    - (E) **Bidding down—** If the [Secretary](/usc/16/3801.md?p=a-21) determines that 2 or more applications for cost-share assistance are comparable in achieving the purpose of the [program](/usc/16/3865a.md?p=6), the [Secretary](/usc/16/3801.md?p=a-21) shall not assign a higher priority to any of those applications solely on the basis of lesser cost to the [program](/usc/16/3865a.md?p=6).
  - (4) **Agreements with eligible entities—**
    - (A) **In general—** The [Secretary](/usc/16/3801.md?p=a-21) shall enter into agreements with [eligible entities](/usc/16/3865a.md?p=3) to stipulate the terms and conditions under which the [eligible entity](/usc/16/3865a.md?p=3) is permitted to use cost-share assistance provided under this section.
    - (B) **Length of agreements—** An agreement shall be for a term that is—
      - (i) in the case of an [eligible entity](/usc/16/3865a.md?p=3) certified under the process described in [paragraph (5)](#b-5), a minimum of five years; and
      - (ii) for all other [eligible entities](/usc/16/3865a.md?p=3), at least three, but not more than five years.
    - (C) **Minimum terms and conditions—** An [eligible entity](/usc/16/3865a.md?p=3) shall be authorized to use its own terms and conditions for [agricultural land easements](/usc/16/3865a.md?p=1) so long as the [Secretary](/usc/16/3801.md?p=a-21) determines such terms and conditions—
      - (i) are consistent with the purposes of the [program](/usc/16/3865a.md?p=6);
      - (ii) permit effective enforcement of the conservation purposes of such easements;
      - (iii) include a right of enforcement for the [Secretary](/usc/16/3801.md?p=a-21) that—
        - (I) may be used only if the terms and conditions of the easement are not enforced by the [eligible entity](/usc/16/3865a.md?p=3); and
        - (II) does not extend to a right of inspection unless—
          - (aa)
            - (AA) the holder of the easement fails to provide [monitoring reports](/usc/16/3865a.md?p=5) in a timely manner; or
            - (BB) the [Secretary](/usc/16/3801.md?p=a-21) has a reasonable and articulable belief that the terms and conditions of the easement have been violated; and
          - (bb) prior to the inspection, the [Secretary](/usc/16/3801.md?p=a-21) notifies the [eligible entity](/usc/16/3865a.md?p=3) and the landowner of the inspection and provides a reasonable opportunity for the [eligible entity](/usc/16/3865a.md?p=3) and the landowner to participate in the inspection;
      - (iv) include a [conservation plan](/usc/16/3801.md?p=a-3) only for any portion of the land subject to the [agricultural land easement](/usc/16/3865a.md?p=1) that is [highly erodible cropland](/usc/16/3801.md?p=a-10); and
      - (v) include a limit on the impervious surfaces to be allowed that is consistent with the agricultural activities to be conducted.
    - (D) **Additional permitted terms and conditions—** An [eligible entity](/usc/16/3865a.md?p=3) may include terms and conditions for an [agricultural land easement](/usc/16/3865a.md?p=1) that—
      - (i) are intended to keep the land subject to the [agricultural land easement](/usc/16/3865a.md?p=1) under the ownership of a farmer or rancher, as determined by the [Secretary](/usc/16/3801.md?p=a-21);
      - (ii) allow subsurface mineral development on the land subject to the [agricultural land easement](/usc/16/3865a.md?p=1) and in accordance with applicable [State](/usc/16/3801.md?p=a-24) law if, as determined by the [Secretary](/usc/16/3801.md?p=a-21)—
        - (I) the subsurface mineral development—
          - (aa) has a limited and localized impact;
          - (bb) does not harm the agricultural use and conservation values of the land subject to the easement;
          - (cc) does not materially alter or affect the existing topography;
          - (dd) shall comply with a subsurface mineral development plan that—
            - (AA) includes a plan for the remediation of impacts to the agricultural use and conservation values of the land subject to the easement; and
            - (BB) is approved by the [Secretary](/usc/16/3801.md?p=a-21) prior to the initiation of mineral development activity;
          - (ee) is not accomplished by any surface mining method;
          - (ff) is within the impervious surface limits of the easement under [subparagraph (C)(v)](#b-4-C-v); and
          - (gg) uses practices and technologies that minimize the duration and intensity of impacts to the agricultural use and conservation values of the land subject to the easement; and
        - (II) each [area](/usc/16/539m–1.md?p=1-A) impacted by the subsurface mineral development shall be reclaimed and restored by the holder of the mineral rights at cessation of operation; and
      - (iii) include other relevant activities relating to the [agricultural land easement](/usc/16/3865a.md?p=1), as determined by the [Secretary](/usc/16/3801.md?p=a-21).
    - (E) **Substitution of qualified projects—** An agreement shall allow, upon mutual agreement of the parties, substitution of qualified [projects](/usc/16/410r–5.md?p=c-4) that are identified at the time of the proposed substitution.
    - (F) **Effect of violation—** If a [violation](/usc/16/620e.md?p=11) occurs of a term or condition of an agreement under this subsection—
      - (i) the [Secretary](/usc/16/3801.md?p=a-21) may terminate the agreement; and
      - (ii) the [Secretary](/usc/16/3801.md?p=a-21) may require the [eligible entity](/usc/16/3865a.md?p=3) to refund all or part of any payments received by the entity under the [program](/usc/16/3865a.md?p=6), with interest on the payments as determined appropriate by the [Secretary](/usc/16/3801.md?p=a-21).
  - (5) **Certification of eligible entities—**
    - (A) **Certification process—** The [Secretary](/usc/16/3801.md?p=a-21) shall establish a process under which the [Secretary](/usc/16/3801.md?p=a-21) may—
      - (i) directly certify [eligible entities](/usc/16/3865a.md?p=3) that meet established criteria;
      - (ii) enter into long-term agreements with certified [eligible entities](/usc/16/3865a.md?p=3);
      - (iii) accept proposals for cost-share assistance for the purchase of [agricultural land easements](/usc/16/3865a.md?p=1) throughout the duration of such agreements; and
      - (iv) allow a certified [eligible entity](/usc/16/3865a.md?p=3) to use its own terms and conditions, notwithstanding [paragraph (4)(C)](#b-4-C), as long as the terms and conditions are consistent with the purposes of the [program](/usc/16/3865a.md?p=6).
    - (B) **Certification criteria—** In order to be certified, an [eligible entity](/usc/16/3865a.md?p=3) shall demonstrate to the [Secretary](/usc/16/3801.md?p=a-21) that the [eligible entity](/usc/16/3865a.md?p=3)—
      - (i) will maintain, at a minimum, for the duration of the agreement—
        - (I) a plan for administering easements that is consistent with the purpose of the [program](/usc/16/3865a.md?p=6);
        - (II) the capacity and resources to monitor and enforce [agricultural land easements](/usc/16/3865a.md?p=1); and
        - (III) policies and procedures to ensure—
          - (aa) the long-term integrity of [agricultural land easements](/usc/16/3865a.md?p=1) on [eligible land](/usc/16/3865a.md?p=4);
          - (bb) timely completion of [acquisitions](/usc/16/620e.md?p=1) of such easements; and
          - (cc) timely and complete evaluation and reporting to the [Secretary](/usc/16/3801.md?p=a-21) on the use of funds provided under the [program](/usc/16/3865a.md?p=6);
      - (ii) has—
        - (I) been accredited by the Land [Trust](/usc/16/450ss–1.md?p=4) Accreditation [Commission](/usc/16/544.md?p=c), or by an equivalent accrediting body, as determined by the [Secretary](/usc/16/3801.md?p=a-21);
        - (II) acquired not fewer than 10 [agricultural land easements](/usc/16/3865a.md?p=1) under the [program](/usc/16/3865a.md?p=6) or any predecessor [program](/usc/16/3865a.md?p=6); and
        - (III) successfully met the responsibilities of the [eligible entity](/usc/16/3865a.md?p=3) under the applicable agreements with the [Secretary](/usc/16/3801.md?p=a-21), as determined by the [Secretary](/usc/16/3801.md?p=a-21), relating to [agricultural land easements](/usc/16/3865a.md?p=1) that the [eligible entity](/usc/16/3865a.md?p=3) has acquired under the [program](/usc/16/3865a.md?p=6) or any predecessor [program](/usc/16/3865a.md?p=6); or
      - (iii) is a State department of agriculture or other [State](/usc/16/3801.md?p=a-24) agency with statutory authority for farm and ranchland protection that has—
        - (I) acquired not fewer than 10 [agricultural land easements](/usc/16/3865a.md?p=1) under the [program](/usc/16/3865a.md?p=6) or any predecessor [program](/usc/16/3865a.md?p=6); and
        - (II) successfully met the responsibilities of the [eligible entity](/usc/16/3865a.md?p=3) under the applicable agreements with the [Secretary](/usc/16/3801.md?p=a-21), as determined by the [Secretary](/usc/16/3801.md?p=a-21), relating to [agricultural land easements](/usc/16/3865a.md?p=1) that the [eligible entity](/usc/16/3865a.md?p=3) has acquired under the [program](/usc/16/3865a.md?p=6) or any predecessor [program](/usc/16/3865a.md?p=6).
    - (C) **Review and revision—**
      - (i) **Review—** The [Secretary](/usc/16/3801.md?p=a-21) shall conduct a review of [eligible entities](/usc/16/3865a.md?p=3) certified under [subparagraph (A)](#b-5-A) every three years to ensure that such entities are meeting the criteria established under [subparagraph (B)](#b-5-B).
      - (ii) **Revocation—** If the [Secretary](/usc/16/3801.md?p=a-21) finds that a certified [eligible entity](/usc/16/3865a.md?p=3) no longer meets the criteria established under [subparagraph (B)](#b-5-B), the [Secretary](/usc/16/3801.md?p=a-21) may—
        - (I) allow the certified [eligible entity](/usc/16/3865a.md?p=3) a specified period of time, at a minimum 180 days, in which to [take](/usc/16/3102.md?p=18) such actions as may be necessary to meet the criteria; and
        - (II) revoke the certification of the [eligible entity](/usc/16/3865a.md?p=3), if, after the specified period of time, the certified [eligible entity](/usc/16/3865a.md?p=3) does not meet such criteria.
- (c) **Method of enrollment—** The [Secretary](/usc/16/3801.md?p=a-21) shall enroll [eligible land](/usc/16/3865a.md?p=4) under this section through the use of—
  - (1) permanent easements; or
  - (2) easements for the maximum duration allowed under applicable [State](/usc/16/3801.md?p=a-24) laws.
- (d) **Technical assistance—** The [Secretary](/usc/16/3801.md?p=a-21) may provide [technical assistance](/usc/16/3801.md?p=a-25), if requested, to assist in compliance with the terms and conditions of easements.

## Source credit

(Pub. L. 99–198, title XII, § 1265B, as added Pub. L. 113–79, title II, § 2301(a), Feb. 7, 2014, 128 Stat. 734; amended Pub. L. 115–334, title II, § 2603, Dec. 20, 2018, 132 Stat. 4586.)

## Notes

### Editorial Notes

### Amendments

2018—Subsec. (a)(2). Pub. L. 115–334, § 2603(a)(2), substituted “technical assistance to implement the program, including technical assistance for the development of a conservation plan under subsection (b)(4)(C)(iv); and” for “technical assistance to provide for the conservation of natural resources pursuant to an agricultural land easement plan.”

Subsec. (a)(3). Pub. L. 115–334, § 2603(a)(1), (3), added par. (3).

Subsec. (b)(2)(B)(ii), (iii). Pub. L. 115–334, § 2603(b)(1)(A), added cls. (ii) and (iii) and struck out former cl. (ii). Prior to amendment, text of cl. (ii) read as follows: “An eligible entity may include as part of its share under clause (i) a charitable donation or qualified conservation contribution (as defined by section 170(h) of title 26) from the private landowner if the eligible entity contributes its own cash resources in an amount that is at least 50 percent of the amount contributed by the Secretary.”

Subsec. (b)(2)(C). Pub. L. 115–334, § 2603(b)(1)(B), struck out subpar. (C) which related to exception to Federal and non-Federal share requirements in the case of grassland of special environmental significance and for projects of special significance.

Subsec. (b)(3)(C) to (E). Pub. L. 115–334, § 2603(b)(2), added subpars. (C) and (D) and redesignated former subpar. (C) as (E).

Subsec. (b)(4)(C)(iii), (iv). Pub. L. 115–334, § 2603(b)(3)(A), added cls. (iii) and (iv) and struck out former cls. (iii) and (iv) which read as follows:

“(iii) include a right of enforcement for the Secretary, that may be used only if the terms of the easement are not enforced by the holder of the easement;

“(iv) subject the land in which an interest is purchased to an agricultural land easement plan that—

“(I) describes the activities which promote the long-term viability of the land to meet the purposes for which the easement was acquired;

“(II) requires the management of grasslands according to a grasslands management plan; and

“(III) includes a conservation plan, where appropriate, and requires, at the option of the Secretary, the conversion of highly erodible cropland to less intensive uses; and”.

Subsec. (b)(4)(D) to (F). Pub. L. 115–334, § 2603(b)(3)(B), (C), added subpar. (D) and redesignated former subpars. (D) and (E) as (E) and (F), respectively.

Subsec. (b)(5)(A)(iv). Pub. L. 115–334, § 2603(b)(4)(A), added cl. (iv).

Subsec. (b)(5)(B). Pub. L. 115–334, § 2603(b)(4)(B), substituted “eligible entity—” for “entity”, inserted cl. (i) designation before “will maintain”, redesignated former cls. (i) to (iii) as subcls. (I) to (III), respectively, of cl. (i) and subcls. (I) to (III) of former cl. (iii) as items (aa) to (cc), respectively, of subcl. (III), realigned margins, and added cl. (ii).

Subsec. (d). Pub. L. 115–334, § 2603(b)(5), added subsec. (d) and struck out former subsec. (d). Prior to amendment, text read as follows: “The Secretary may provide technical assistance, if requested, to assist in—

“(1) compliance with the terms and conditions of easements; and

“(2) implementation of an agricultural land easement plan.”