§3508. Definitions — Inbound Citations
7 U.S.C. § 3508
Cited by 58 provisions in release 119-102.
Citations to §3508(1)
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(a) Any foreign person who acquires or transfers any interest, other than a security interest, in agricultural land shall submit a report to the Secretary of Agriculture not later than 90 days after the date of such acquisition or transfer. Such report shall be submitted in such form and in accordance with such procedures as the Secretary may require and shall contain—(1) the legal name and the address of such foreign person;(2) in any case in which such foreign person is an individual, the citizenship of such foreign person;(3) in any case in which such foreign person is not an individual or a government, the nature of the legal entity holding the interest, the country in which such foreign person is created or organized, and the principal place of business of such foreign person;(4) the type of interest in agricultural land which such foreign person acquired or transferred;(5) the legal description and acreage of such agricultural land;(6) the purchase price paid for, or any other consideration given for, such interest;(7) in any case in which such foreign person transfers such interest, the legal name and the address of the person to whom such interest is transferred and—(A) in any case in which such transferee is an individual, the citizenship of such transferee; and(B) in any case in which such transferee is not an individual or a government, the nature of the legal entity holding the interest, the country in which such transferee is created or organized, and the principal place of business of such transferee;(8) the agricultural purposes for which such foreign person intends, on the date on which such report is submitted to the Secretary, to use such agricultural land; and(9) such other information as the Secretary may require by regulation.
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(4) the type of interest in agricultural land which such foreign person acquired or transferred;
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(5) the legal description and acreage of such agricultural land;
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(8) the agricultural purposes for which such foreign person intends, on the date on which such report is submitted to the Secretary, to use such agricultural land; and
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(b) Any foreign person who holds any interest, other than a security interest, in agricultural land on the day before the effective date of this section shall submit a report to the Secretary not later than 180 days after such effective date. Such report shall be submitted in such form and in accordance with such procedures as the Secretary may require and shall contain—(1) the legal name and the address of such foreign person;(2) in any case in which such foreign person is an individual, the citizenship of such foreign person;(3) in any case in which such foreign person is not an individual or a government, the nature of the legal entity holding the interest, the country in which such foreign person is created or organized, and the principal place of business of such foreign person;(4) the type of interest in agricultural land which is held by such foreign person;(5) the legal description and acreage of such agricultural land;(6) the purchase price paid for, or any other consideration given for, such interest;(7) the agricultural purposes for which such foreign person—(A) is using such agricultural land on the date on which such report is submitted to the Secretary; and(B) intends, as of such date, to use such agricultural land; and(8) such other information as the Secretary may require by regulation.
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(4) the type of interest in agricultural land which is held by such foreign person;
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(5) the legal description and acreage of such agricultural land;
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(A) is using such agricultural land on the date on which such report is submitted to the Secretary; and
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(B) intends, as of such date, to use such agricultural land; and
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(c) Any person who holds or acquires (on or after the effective date of this section) any interest, other than a security interest, in agricultural land at a time when such person is not a foreign person and who subsequently becomes a foreign person shall submit a report to the Secretary not later than 90 days after the date on which such person becomes a foreign person. Such report shall be submitted in such form and in accordance with such procedures as the Secretary may require and shall contain the information required by subsection (b) of this section. This subsection shall not apply with respect to any person who is required to submit a report with respect to such land under subsection (b) of this section.
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(d) Any foreign person who holds or acquires (on or after the effective date of this section) any interest, other than a security interest, in land at a time when such land is not agricultural land and such land subsequently becomes agricultural land shall submit a report to the Secretary not later than 90 days after the date on which such land becomes agricultural land. Such report shall be submitted in such form and in accordance with such procedures as the Secretary may require and shall contain the information required by subsection (b) of this section. This subsection shall not apply with respect to any person who is required to submit a report with respect to such land under subsection (b) of this section.
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(b) The amount of any civil penalty imposed by the Secretary under subsection (a) of this section shall be such amount as the Secretary determines to be appropriate to carry out the purposes of this chapter, except that such amount shall not exceed 25 percent of the fair market value, on the date of the assessment of such penalty, of the interest in agricultural land with respect to which such violation occurred.
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Not later than 30 days after the end of each 6-month period beginning after the effective date of section 3501 of this title, the Secretary shall transmit to each State department of agriculture, or such other appropriate State agency as the Secretary considers advisable, a copy of each report which was submitted to the Secretary under section 3501 of this title during such 6-month period and which involved agricultural land located in such State.
Citations to §3508(3)
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(i) Notwithstanding any other provision of law, milk produced by dairies—(I) owned or controlled by foreign persons; and(II) financed by or with the use of bonds the interest on which is exempt from Federal income tax under section 103 of title 26;shall be treated as other-source milk, and shall be allocated as milk received from producer-handlers for the purposes of classifying producer milk, under the milk marketing program established under this chapter. For the purposes of this subparagraph,4 the term “foreign person” has the meaning given such term under section 3508(3) of this title.
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(a) Any foreign person who acquires or transfers any interest, other than a security interest, in agricultural land shall submit a report to the Secretary of Agriculture not later than 90 days after the date of such acquisition or transfer. Such report shall be submitted in such form and in accordance with such procedures as the Secretary may require and shall contain—(1) the legal name and the address of such foreign person;(2) in any case in which such foreign person is an individual, the citizenship of such foreign person;(3) in any case in which such foreign person is not an individual or a government, the nature of the legal entity holding the interest, the country in which such foreign person is created or organized, and the principal place of business of such foreign person;(4) the type of interest in agricultural land which such foreign person acquired or transferred;(5) the legal description and acreage of such agricultural land;(6) the purchase price paid for, or any other consideration given for, such interest;(7) in any case in which such foreign person transfers such interest, the legal name and the address of the person to whom such interest is transferred and—(A) in any case in which such transferee is an individual, the citizenship of such transferee; and(B) in any case in which such transferee is not an individual or a government, the nature of the legal entity holding the interest, the country in which such transferee is created or organized, and the principal place of business of such transferee;(8) the agricultural purposes for which such foreign person intends, on the date on which such report is submitted to the Secretary, to use such agricultural land; and(9) such other information as the Secretary may require by regulation.
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(1) the legal name and the address of such foreign person;
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(2) in any case in which such foreign person is an individual, the citizenship of such foreign person;
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(3) in any case in which such foreign person is not an individual or a government, the nature of the legal entity holding the interest, the country in which such foreign person is created or organized, and the principal place of business of such foreign person;
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(4) the type of interest in agricultural land which such foreign person acquired or transferred;
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(7) in any case in which such foreign person transfers such interest, the legal name and the address of the person to whom such interest is transferred and—(A) in any case in which such transferee is an individual, the citizenship of such transferee; and(B) in any case in which such transferee is not an individual or a government, the nature of the legal entity holding the interest, the country in which such transferee is created or organized, and the principal place of business of such transferee;
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(8) the agricultural purposes for which such foreign person intends, on the date on which such report is submitted to the Secretary, to use such agricultural land; and
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(b) Any foreign person who holds any interest, other than a security interest, in agricultural land on the day before the effective date of this section shall submit a report to the Secretary not later than 180 days after such effective date. Such report shall be submitted in such form and in accordance with such procedures as the Secretary may require and shall contain—(1) the legal name and the address of such foreign person;(2) in any case in which such foreign person is an individual, the citizenship of such foreign person;(3) in any case in which such foreign person is not an individual or a government, the nature of the legal entity holding the interest, the country in which such foreign person is created or organized, and the principal place of business of such foreign person;(4) the type of interest in agricultural land which is held by such foreign person;(5) the legal description and acreage of such agricultural land;(6) the purchase price paid for, or any other consideration given for, such interest;(7) the agricultural purposes for which such foreign person—(A) is using such agricultural land on the date on which such report is submitted to the Secretary; and(B) intends, as of such date, to use such agricultural land; and(8) such other information as the Secretary may require by regulation.
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(1) the legal name and the address of such foreign person;
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(2) in any case in which such foreign person is an individual, the citizenship of such foreign person;
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(3) in any case in which such foreign person is not an individual or a government, the nature of the legal entity holding the interest, the country in which such foreign person is created or organized, and the principal place of business of such foreign person;
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(4) the type of interest in agricultural land which is held by such foreign person;
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(7) the agricultural purposes for which such foreign person—(A) is using such agricultural land on the date on which such report is submitted to the Secretary; and(B) intends, as of such date, to use such agricultural land; and
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(c) Any person who holds or acquires (on or after the effective date of this section) any interest, other than a security interest, in agricultural land at a time when such person is not a foreign person and who subsequently becomes a foreign person shall submit a report to the Secretary not later than 90 days after the date on which such person becomes a foreign person. Such report shall be submitted in such form and in accordance with such procedures as the Secretary may require and shall contain the information required by subsection (b) of this section. This subsection shall not apply with respect to any person who is required to submit a report with respect to such land under subsection (b) of this section.
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(d) Any foreign person who holds or acquires (on or after the effective date of this section) any interest, other than a security interest, in land at a time when such land is not agricultural land and such land subsequently becomes agricultural land shall submit a report to the Secretary not later than 90 days after the date on which such land becomes agricultural land. Such report shall be submitted in such form and in accordance with such procedures as the Secretary may require and shall contain the information required by subsection (b) of this section. This subsection shall not apply with respect to any person who is required to submit a report with respect to such land under subsection (b) of this section.
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(e) With respect to any foreign person, other than an individual or a government, who is required by subsection (a), (b), (c), or (d) of this section to submit a report, the Secretary may, in addition, require such foreign person to submit to the Secretary a report containing—(A) the legal name and the address of each person who holds any interest in such foreign person;(B) in any case in which the holder of such interest is an individual, the citizenship of such holder; and(C) in any case in which the holder of such interest is not an individual or a government, the nature of the legal entity holding the interest, the country in which such holder is created or organized, and the principal place of business of such holder.
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(A) the legal name and the address of each person who holds any interest in such foreign person;
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The Secretary may take such actions as the Secretary considers necessary to monitor compliance with the provisions of this chapter and to determine whether the information contained in any report submitted under section 3501 of this title accurately and fully reveals the ownership interest of all foreign persons in any foreign person who is required to submit a report under such section.
Citations to §3508(4)
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(7) in any case in which such foreign person transfers such interest, the legal name and the address of the person to whom such interest is transferred and—(A) in any case in which such transferee is an individual, the citizenship of such transferee; and(B) in any case in which such transferee is not an individual or a government, the nature of the legal entity holding the interest, the country in which such transferee is created or organized, and the principal place of business of such transferee;
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(c) Any person who holds or acquires (on or after the effective date of this section) any interest, other than a security interest, in agricultural land at a time when such person is not a foreign person and who subsequently becomes a foreign person shall submit a report to the Secretary not later than 90 days after the date on which such person becomes a foreign person. Such report shall be submitted in such form and in accordance with such procedures as the Secretary may require and shall contain the information required by subsection (b) of this section. This subsection shall not apply with respect to any person who is required to submit a report with respect to such land under subsection (b) of this section.
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(d) Any foreign person who holds or acquires (on or after the effective date of this section) any interest, other than a security interest, in land at a time when such land is not agricultural land and such land subsequently becomes agricultural land shall submit a report to the Secretary not later than 90 days after the date on which such land becomes agricultural land. Such report shall be submitted in such form and in accordance with such procedures as the Secretary may require and shall contain the information required by subsection (b) of this section. This subsection shall not apply with respect to any person who is required to submit a report with respect to such land under subsection (b) of this section.
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(A) the legal name and the address of each person who holds any interest in such foreign person;
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(f) With respect to any person, other than an individual or a government, whose legal name is contained in any report submitted under subsection (e) of the section, the Secretary may require such person to submit to the Secretary a report containing—(A) the legal name and the address of any person who holds any interest in the person submitting the report under this subsection;(B) in any case in which the holder of such interest is an individual, the citizenship of such holder; and(C) in any case in which the holder of such interest is not an individual or a government, the nature of the legal entity holding the interest, the country in which such holder is created or organized, and the principle1 place of business of such holder.
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(1) has failed to submit a report in accordance with the provisions of section 3501 of this title, or(2) has knowingly submitted a report under section 3501 of this title—(A) which does not contain all the information required to be in such report, or(B) which contains information that is misleading or false,such person shall be subject to a civil penalty imposed by the Secretary. The amount of any such civil penalty shall be determined in accordance with the provisions of subsection (b) of this section. Any such civil penalty shall be recoverable in a civil action brought by the Attorney General of the United States in an appropriate district court of the United States.
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(2) has knowingly submitted a report under section 3501 of this title—(A) which does not contain all the information required to be in such report, or(B) which contains information that is misleading or false,such person shall be subject to a civil penalty imposed by the Secretary. The amount of any such civil penalty shall be determined in accordance with the provisions of subsection (b) of this section. Any such civil penalty shall be recoverable in a civil action brought by the Attorney General of the United States in an appropriate district court of the United States.
Citations to §3508(5)
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(a) Any foreign person who acquires or transfers any interest, other than a security interest, in agricultural land shall submit a report to the Secretary of Agriculture not later than 90 days after the date of such acquisition or transfer. Such report shall be submitted in such form and in accordance with such procedures as the Secretary may require and shall contain—(1) the legal name and the address of such foreign person;(2) in any case in which such foreign person is an individual, the citizenship of such foreign person;(3) in any case in which such foreign person is not an individual or a government, the nature of the legal entity holding the interest, the country in which such foreign person is created or organized, and the principal place of business of such foreign person;(4) the type of interest in agricultural land which such foreign person acquired or transferred;(5) the legal description and acreage of such agricultural land;(6) the purchase price paid for, or any other consideration given for, such interest;(7) in any case in which such foreign person transfers such interest, the legal name and the address of the person to whom such interest is transferred and—(A) in any case in which such transferee is an individual, the citizenship of such transferee; and(B) in any case in which such transferee is not an individual or a government, the nature of the legal entity holding the interest, the country in which such transferee is created or organized, and the principal place of business of such transferee;(8) the agricultural purposes for which such foreign person intends, on the date on which such report is submitted to the Secretary, to use such agricultural land; and(9) such other information as the Secretary may require by regulation.
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(8) the agricultural purposes for which such foreign person intends, on the date on which such report is submitted to the Secretary, to use such agricultural land; and
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(9) such other information as the Secretary may require by regulation.
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(b) Any foreign person who holds any interest, other than a security interest, in agricultural land on the day before the effective date of this section shall submit a report to the Secretary not later than 180 days after such effective date. Such report shall be submitted in such form and in accordance with such procedures as the Secretary may require and shall contain—(1) the legal name and the address of such foreign person;(2) in any case in which such foreign person is an individual, the citizenship of such foreign person;(3) in any case in which such foreign person is not an individual or a government, the nature of the legal entity holding the interest, the country in which such foreign person is created or organized, and the principal place of business of such foreign person;(4) the type of interest in agricultural land which is held by such foreign person;(5) the legal description and acreage of such agricultural land;(6) the purchase price paid for, or any other consideration given for, such interest;(7) the agricultural purposes for which such foreign person—(A) is using such agricultural land on the date on which such report is submitted to the Secretary; and(B) intends, as of such date, to use such agricultural land; and(8) such other information as the Secretary may require by regulation.
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(A) is using such agricultural land on the date on which such report is submitted to the Secretary; and
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(8) such other information as the Secretary may require by regulation.
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(c) Any person who holds or acquires (on or after the effective date of this section) any interest, other than a security interest, in agricultural land at a time when such person is not a foreign person and who subsequently becomes a foreign person shall submit a report to the Secretary not later than 90 days after the date on which such person becomes a foreign person. Such report shall be submitted in such form and in accordance with such procedures as the Secretary may require and shall contain the information required by subsection (b) of this section. This subsection shall not apply with respect to any person who is required to submit a report with respect to such land under subsection (b) of this section.
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(d) Any foreign person who holds or acquires (on or after the effective date of this section) any interest, other than a security interest, in land at a time when such land is not agricultural land and such land subsequently becomes agricultural land shall submit a report to the Secretary not later than 90 days after the date on which such land becomes agricultural land. Such report shall be submitted in such form and in accordance with such procedures as the Secretary may require and shall contain the information required by subsection (b) of this section. This subsection shall not apply with respect to any person who is required to submit a report with respect to such land under subsection (b) of this section.
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(e) With respect to any foreign person, other than an individual or a government, who is required by subsection (a), (b), (c), or (d) of this section to submit a report, the Secretary may, in addition, require such foreign person to submit to the Secretary a report containing—(A) the legal name and the address of each person who holds any interest in such foreign person;(B) in any case in which the holder of such interest is an individual, the citizenship of such holder; and(C) in any case in which the holder of such interest is not an individual or a government, the nature of the legal entity holding the interest, the country in which such holder is created or organized, and the principal place of business of such holder.
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(f) With respect to any person, other than an individual or a government, whose legal name is contained in any report submitted under subsection (e) of the section, the Secretary may require such person to submit to the Secretary a report containing—(A) the legal name and the address of any person who holds any interest in the person submitting the report under this subsection;(B) in any case in which the holder of such interest is an individual, the citizenship of such holder; and(C) in any case in which the holder of such interest is not an individual or a government, the nature of the legal entity holding the interest, the country in which such holder is created or organized, and the principle1 place of business of such holder.
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(1) has failed to submit a report in accordance with the provisions of section 3501 of this title, or(2) has knowingly submitted a report under section 3501 of this title—(A) which does not contain all the information required to be in such report, or(B) which contains information that is misleading or false,such person shall be subject to a civil penalty imposed by the Secretary. The amount of any such civil penalty shall be determined in accordance with the provisions of subsection (b) of this section. Any such civil penalty shall be recoverable in a civil action brought by the Attorney General of the United States in an appropriate district court of the United States.
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(2) has knowingly submitted a report under section 3501 of this title—(A) which does not contain all the information required to be in such report, or(B) which contains information that is misleading or false,such person shall be subject to a civil penalty imposed by the Secretary. The amount of any such civil penalty shall be determined in accordance with the provisions of subsection (b) of this section. Any such civil penalty shall be recoverable in a civil action brought by the Attorney General of the United States in an appropriate district court of the United States.
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(b) The amount of any civil penalty imposed by the Secretary under subsection (a) of this section shall be such amount as the Secretary determines to be appropriate to carry out the purposes of this chapter, except that such amount shall not exceed 25 percent of the fair market value, on the date of the assessment of such penalty, of the interest in agricultural land with respect to which such violation occurred.
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The Secretary may take such actions as the Secretary considers necessary to monitor compliance with the provisions of this chapter and to determine whether the information contained in any report submitted under section 3501 of this title accurately and fully reveals the ownership interest of all foreign persons in any foreign person who is required to submit a report under such section.
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Not later than 30 days after the end of each 6-month period beginning after the effective date of section 3501 of this title, the Secretary shall transmit to each State department of agriculture, or such other appropriate State agency as the Secretary considers advisable, a copy of each report which was submitted to the Secretary under section 3501 of this title during such 6-month period and which involved agricultural land located in such State.
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Any report submitted to the Secretary under section 3501 of this title shall be available for public inspection at the Department of Agriculture located in the District of Columbia not later than 10 days after the date on which such report is received by the Secretary.
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Not later than 90 days after October 14, 1978, the Secretary shall prescribe regulations for purposes of carrying out the provisions of this chapter.
Citations to §3508(6)
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Not later than 30 days after the end of each 6-month period beginning after the effective date of section 3501 of this title, the Secretary shall transmit to each State department of agriculture, or such other appropriate State agency as the Secretary considers advisable, a copy of each report which was submitted to the Secretary under section 3501 of this title during such 6-month period and which involved agricultural land located in such State.