-CITE-

7 USC CHAPTER 73 - FARMLAND PROTECTION POLICY 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 73 - FARMLAND PROTECTION POLICY

.

-HEAD-

CHAPTER 73 - FARMLAND PROTECTION POLICY

-MISC1-

Sec.

4201. General provisions.

(a) Congressional statement of findings.

(b) Statement of purpose.

(c) Definitions.

4202. Identifying effects of Federal programs on conversion of

farmland to nonagricultural uses.

(a) Development of criteria to identify.

(b) Use of criteria to identify.

(c) Availability of restorative, etc., information.

4203. Existing policies and procedures; review, etc.

4204. Technical assistance.

4205. Farmland resource information.

4206. Grants, contracts, etc., authority.

4207. Reporting requirement.

4208. Limitations.

4209. Prohibition on maintenance of actions.

-CITE-

7 USC Sec. 4201 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 73 - FARMLAND PROTECTION POLICY

-HEAD-

Sec. 4201. General provisions

-STATUTE-

(a) Congressional statement of findings

Congress finds that -

(1) the Nation's farmland is a unique natural resource and

provides food and fiber necessary for the continued welfare of

the people of the United States;

(2) each year, a large amount of the Nation's farmland is

irrevocably converted from actual or potential agricultural use

to nonagricultural use;

(3) continued decrease in the Nation's farmland base may

threaten the ability of the United States to produce food and

fiber in sufficient quantities to meet domestic needs and the

demands of our export markets;

(4) the extensive use of farmland for nonagricultural purposes

undermines the economic base of many rural areas;

(5) Federal actions, in many cases, result in the conversion of

farmland to nonagricultural uses where alternative actions would

be preferred;

(6) the Department of Agriculture is the agency primarily

responsible for the implementation of Federal policy with respect

to United States farmland, assuring the maintenance of the

agricultural production capacity of the United States, and has

the personnel and other resources needed to implement national

farmland protection policy; and

(7) the Department of Agriculture and other Federal agencies

should take steps to assure that the actions of the Federal

Government do not cause United States farmland to be irreversibly

converted to nonagricultural uses in cases in which other

national interests do not override the importance of the

protection of farmland nor otherwise outweigh the benefits of

maintaining farmland resources.

(b) Statement of purpose

The purpose of this chapter is to minimize the extent to which

Federal programs contribute to the unnecessary and irreversible

conversion of farmland to nonagricultural uses, and to assure that

Federal programs are administered in a manner that, to the extent

practicable, will be compatible with State, unit of local

government, and private programs and policies to protect farmland.

(c) Definitions

As used in this chapter -

(1) the term ''farmland'' includes all land defined as follows:

(A) prime farmland is land that has the best combination of

physical and chemical characteristics for producing food, feed,

fiber, forage, oilseed, and other agricultural crops with

minimum inputs of fuel, fertilizer, pesticides, and labor, and

without intolerable soil erosion, as determined by the

Secretary. Prime farmland includes land that possesses the

above characteristics but is being used currently to produce

livestock and timber. It does not include land already in or

committed to urban development or water storage;

(B) unique farmland is land other than prime farmland that is

used for production of specific high-value food and fiber

crops, as determined by the Secretary. It has the special

combination of soil quality, location, growing season, and

moisture supply needed to economically produce sustained high

quality or high yields of specific crops when treated and

managed according to acceptable farming methods. Examples of

such crops include citrus, tree nuts, olives, cranberries,

fruits, and vegetables; and

(C) farmland, other than prime or unique farmland, that is of

statewide or local importance for the production of food, feed,

fiber, forage, or oilseed crops, as determined by the

appropriate State or unit of local government agency or

agencies, and that the Secretary determines should be

considered as farmland for the purposes of this chapter;

(2) the term ''State'' means any of the fifty States, the

District of Columbia, the Commonwealth of Puerto Rico, the

Commonwealth of the Northern Mariana Islands, the Trust Territory

of the Pacific Islands, or any territory or possession of the

United States;

(3) the term ''unit of local government'' means the government

of a county, municipality, town, township, village, or other unit

of general government below the State level, or a combination of

units of local government acting through an areawide agency under

State law or an agreement for the formulation of regional

development policies and plans;

(4) the term ''Federal program'' means those activities or

responsibilities of a department, agency, independent commission,

or other unit of the Federal Government that involve (A)

undertaking, financing, or assisting construction or improvement

projects; or (B) acquiring, managing, or disposing of Federal

lands and facilities. The term ''Federal program'' does not

include construction or improvement projects that on the

effective date of this chapter are beyond the planning stage and

are in either the active design or construction state; and

(5) the term ''Secretary'' means the Secretary of Agriculture.

-SOURCE-

(Pub. L. 97-98, title XV, Sec. 1540, Dec. 22, 1981, 95 Stat. 1341.)

-REFTEXT-

REFERENCES IN TEXT

The effective date of this chapter, referred to in subsec.

(c)(4), is six months after Dec. 22, 1981, see Effective Date note

below.

-MISC2-

EFFECTIVE DATE

Section 1549 of Pub. L. 97-98 provided that: ''The provisions of

this subtitle (subtitle I (Sec. 1539-1549) of title XV of Pub. L.

97-98, enacting this chapter) shall become effective six months

after the date of enactment of this Act (Dec. 22, 1981).''

SHORT TITLE

Section 1539 of Pub. L. 97-98 provided that: ''This subtitle

(subtitle I (Sec. 1539-1549) of title XV of Pub. L. 97-98, enacting

this chapter) may be cited as the 'Farmland Protection Policy

Act'.''

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-MISC5-

FARMLAND PROTECTION

Pub. L. 101-624, title XIV, ch. 2, Sec. 1465-1470B, Nov. 28,

1990, 104 Stat. 3616-3619, as amended by Pub. L. 102-237, title II,

Sec. 201(b), (c), 203, Dec. 13, 1991, 105 Stat. 1847, 1848,

provided that:

''SEC. 1465. SHORT TITLE, PURPOSE, AND DEFINITION.

''(a) Short Title. - This chapter may be cited as the 'Farms for

the Future Act of 1990'.

''(b) Purpose. - It is the purpose of this chapter to promote a

national farmland protection effort to preserve our vital farmland

resources for future generations.

''(c) Definitions. - As used in this chapter:

''(1) Allowable interest rate. - The term 'allowable interest

rate' refers to the interest rate that the State trust fund pays

on each eligible loan (including the interest paid by the State

trust fund, State, or State agency on bonds or other obligations

described in paragraph (2)).

''(2) Eligible loan. - The term 'eligible loan' means each loan

made by lending institutions to each State trust fund, or to the

State acting in conjunction with the State trust fund, to further

the purposes of this chapter, and the proceeds from any issuance

of obligations, or other bonded indebtedness, of any eligible

State, the State trust fund, or any agency of an eligible State,

except that no eligible loan shall bear an interest rate in

excess of 10 percent per year.

''(3) Eligible state. - The term 'eligible State' means -

''(A) the State of Vermont; and

''(B) at the option of the Secretary and subject to

appropriations, any State that -

''(i) operates or administers a land preservation fund that

invests funds in the protection or preservation of farmland

for agricultural purposes; and

''(ii) works in coordination with the governing bodies of

counties, towns, townships, villages, or other units of

general government below the State level, or with private

nonprofit or public organizations, to assist in the

preservation of farmland for agricultural purposes.

''(4) Lending institution. - The term 'lending institution'

means any Federal or State chartered bank, savings and loan

association, cooperative lending agency, other legally organized

lending agency, State government or agency, political subdivision

of a State, or any nonprofit conservation organization.

''(5) Program. - The term 'program' means the farmland

preservation program established under this chapter to be known

as the 'Agricultural Resource Conservation Demonstration

Program'.

''(6) Secretary. - The term 'Secretary' means the Secretary of

Agriculture.

''(7) State. - The term 'State' means any State of the United

States, the Commonwealth of Puerto Rico, and the Virgin Islands

of the United States.

''(8) State trust fund. - The term 'State trust fund' means any

trust fund or an account established by an eligible State, or

other public instrumentality of the eligible State, where such

eligible State is approved to participate by the Secretary in the

program under application procedures set forth in section 1466(j)

or 1468.

''SEC. 1466. ESTABLISHMENT OF PROGRAM.

''(a) In General. -

''(1) Purpose. - The Secretary shall establish and implement a

program, to be known as the 'Agricultural Resource Conservation

Demonstration Program', to provide Federal guarantees and

interest assistance for eligible loans described in section

1465(c)(2) made to, or issued for the benefit of, State trust

funds.

''(2) Assistance. - Under the program the Secretary shall

guarantee for a period of 10 years the timely payment of the

principal amount and interest due on each eligible loan described

in section 1465(c)(2) made to, or issued for the benefit of,

State trust funds and shall for each such 10-year period

subsidize the interest on such eligible loans at the allowable

interest rate for the first 5 years after the loan is made, or

issued, and at no less than 3 percentage points for the second 5

years under procedures described in subsection (b).

''(b) Mandatory Assistance to Each State Trust Fund. - The

Secretary shall -

''(1) fully guarantee with the full faith and credit of the

United States each eligible loan described in section 1465(c)(2)

made to, or issued for the benefit of, each State trust fund

under procedures established by the Secretary;

''(2) annually pay to each State trust fund an amount

calculated by applying the allowable interest rate to the amount

of each loan described in section 1465(c)(2) made to, or issued

for the benefit of, each State trust fund during each of the

first 5 years after the date on which each such loan was made or

issued; and

''(3) annually pay to each State trust fund, for each year

during the second 5-year period after each such eligible loan is

made to, or issued for the benefit of, the State trust fund, an

amount calculated by applying the interest rate difference,

between the rate of interest charged to borrowers of direct loans

as described in section 316(a)(2) of the Consolidated Farm and

Rural Development Act (7 U.S.C. 1946(a)(2)) and the allowable

interest rate, to the amount of each such loan made to, or issued

for the benefit of, the State trust fund, as determined under

procedures established by the Secretary.

''(c) Funding. -

''(1) Issuance of stock. - The Secretary of Agriculture shall

make and issue stock, in the same manner as notes are issued

under section 309(c) or 309A(d) of the Consolidated Farm and

Rural Development Act (7 U.S.C. 1929(c) or 1929a(d)), to the

Secretary of the Treasury for the purpose of obtaining funds from

the Secretary of the Treasury that are necessary for discharging

the obligations of the Secretary of Agriculture under this

chapter. The stock shall not pay dividends and shall not be

redeemable.

''(2) Purchase of stock. - The Secretary of the Treasury shall

provide the funding necessary to implement this chapter. The

Secretary of the Treasury shall purchase any stock of the

Secretary of Agriculture issued to implement this chapter. The

Secretary of the Treasury shall use as a public debt transaction

the proceeds from the sale of any securities issued under chapter

31 of title 31, United States Code. The purposes for which the

securities may be issued under such chapter are extended to

include the raising of funds to purchase stock issued by the

Secretary of Agriculture to implement this chapter with respect

to each eligible State. The Secretary of Agriculture shall make

and issue such stock as is necessary to fund this chapter to the

Secretary of the Treasury who shall promptly purchase the stock

(within 60 days) being offered by the Secretary of Agriculture.

''(3) Commodity credit corporation. - If the Secretary of

Agriculture fails to issue stock as required under this chapter,

or if funding is otherwise not provided as set forth in this

chapter, for the eligible State described in section

1465(c)(3)(A), notwithstanding any other provision of law, the

Secretary of Agriculture shall use the funds, services and

facilities of the Commodity Credit Corporation to carry out the

requirements of this chapter. The procedure described in

paragraph (2) shall be used to reimburse the Corporation for

funds expended to carry out this paragraph.

''(d) Required Purchases of Stock. - The Secretary shall promptly

notify the Secretary of the Treasury, in writing, each time an

application of an eligible State is approved by the Secretary under

this chapter. The Secretary of the Treasury shall promptly

purchase stock (within 60 days) offered by the Secretary under

subsection (c) and the Secretary of Agriculture shall deposit the

proceeds from each such sale of stock in accounts created to

administer the program.

''(e) Entitlements. - The Secretary is entitled to receive funds,

and shall receive funds, from the Secretary of the Treasury in an

amount equal to the total par-value of the stock issued to the

Secretary of the Treasury. Each State trust fund is entitled to

receive, and the Secretary of Agriculture shall promptly pay to

each such trust fund, amounts calculated under procedures described

in subsection (b).

''(f) Regulations. - Except regarding the eligible State

described in section 1465(c)(3)(A), the Secretary shall promulgate

proposed and final regulations, under the prior public comment

provisions of section 553 of title 5, United States Code, setting

forth -

''(1) the application procedures for eligible States;

''(2) the factors to be used in approving applicants;

''(3) procedures for the prompt payment of the obligations of

the Secretary under subsection (b);

''(4) recordkeeping requirements for approved State trust

funds;

''(5) requirements to prevent program abuse and procedures to

recover improperly obtained funds;

''(6) rules permitting State trust funds to act as revolving

funds or to otherwise accumulate additional capital, based on

investments, to be subsequently used to promote the purposes of

this chapter; and

''(7) any other rules necessary and appropriate to carry out

the program.

''(g) Duration of Program. - The program established under this

chapter shall expire on September 30, 1996, except that any

financial obligations of the Secretary shall continue to be met as

required by this chapter.

''(h) Eligible Uses for Guaranteed Loan Funds. -

''(1) In general. - Funds from eligible loans (including

proceeds from the sale of bonds or other obligations described in

section 1465(c)(2)) guaranteed under this chapter, and any

earnings of the State trust funds, may be used -

''(A) to purchase development rights, conservation easements

or other types of easements, or to purchase agricultural land

in fee simple or some lesser estate in land;

''(B) to pay all reasonable and customary costs including

appraisal, survey and engineering fees, and legal expenses;

''(C) to pay the costs of enforcing easements or land use

restrictions;

''(D) to cover the costs of complying with any regulations

issued by the Secretary under this program and the costs of

implementing the farmland plan of operation, except that the

guaranteed loan proceeds shall not be used to pay overhead

expenses of the State trust fund (rent, utilities, salaries,

wages, insurance premiums, and the like); and

''(E) to generate earnings (including through investments not

exceeding 10 years in duration for each eligible loan), to be

used for future farmland preservation efforts, through

investments in direct obligations of the United States or

obligations guaranteed by the United States or an agency

thereof or by depositing funds in any member bank of the

Federal Reserve System or any federally insured State nonmember

bank.

''(2) Collateral for loans. - To the extent consistent with

relevant banking laws and practices, the investments or deposits

described in paragraph (1)(E) may serve as collateral for loans

made to, or on behalf of, the State trust fund.

''(i) State Use of Guaranteed Loan Funds. - The Secretary may

issue regulations or procedures requiring each State trust fund to

report to the Secretary regarding the uses of the eligible loans

(described in section 1465(c)(2)) guaranteed by the Secretary and

the Secretary may monitor the uses of the funds to ensure that the

loans are used for purposes related to this chapter. Neither the

Secretary or (nor) the lending institution shall have the power to

require approval of each specific use of the loans guaranteed by

the Secretary, the specific terms of each use of the loan funds, or

the specific provisions of each purchase or investment made with

loans guaranteed by the Secretary. The Secretary may require that

each State trust fund provide a State farmland preservation plan of

operation to the Secretary setting forth the plans for

administering the program in the State and may require each State

trust fund to periodically report to the Secretary on the purchases

of interests in farmland and on other specific uses of the funds.

''(j) Special Rules for the Pilot Project State. -

Notwithstanding any other provisions of this chapter, the following

special rules shall apply to the eligible State described in

section 1465(c)(3)(A):

''(1) Provision of loan guarantee and interest assistance

agreement. - Within 30 days of the date any State trust fund in

the eligible State receives a commitment for each eligible loan

from a lending institution, the Secretary shall provide the

lending institution with the loan guarantee and the interest

assistance agreement so that the lending institution may disburse

the full amount of the loan proceeds to the State trust fund on

the date of loan closing to carry out this program. After the

loan closing, the lending institution shall have no obligation to

monitor or approve the use of loan proceeds by the State trust

fund.

''(2) Approval of application. - The Secretary shall annually

approve the completed application from the eligible State within

30 days after receipt if the application sets forth the general

goals and policies of the State trust fund. The Secretary shall

provide the Federal assistance required under this chapter

beginning on the date the application or plan is approved.

''(3) Amount of guarantees. - The Secretary shall calculate the

total amount of guarantees to be provided for fiscal year 1992 in

an amount equal to double the sum of -

''(A) the amount that was made available in fiscal year 1991

to the State trust fund (the Vermont Conservation and Housing

Board regardless of whether the fund had been approved by the

Secretary in fiscal year 1991), by the State described in

section 1465(c)(3)(A), political subdivisions thereof,

charitable organizations, private persons, or any other entity,

in addition to the proceeds from the sale of obligations of the

State related to the purposes of the State trust fund and the

fair market value of donations of interests in land to the

State trust fund; and

''(B) the matching contribution calculated under section

1468(c) for fiscal year 1992 for the State.

''(k) Miscellaneous Provisions. -

''(1) Operation. - Each State trust fund may operate through

nonprofit corporations, municipalities, or other political

subdivisions of States in carrying out the purposes of the

program established in this chapter.

''(2) Earnings. - Earnings on funds of each State trust fund

may be used for any purposes related to carrying out the

operations of the trust fund in a manner not inconsistent with

the requirements of this chapter or the farmland preservation

plan.

''SEC. 1467. FEDERAL ACCOUNTS AND COMPLIANCE.

''(a) Accounts. - To carry out the purposes of this chapter, the

Secretary may establish in the Treasury of the United States an

account, to be known as the 'Agricultural Resource Conservation

Revolving Fund' (hereafter referred to in this chapter as the

'Fund'), for the use by the Secretary to meet the obligations of

the Secretary under this chapter.

''(b) Compliance. - If the Secretary determines that any State

trust fund is failing to comply, to a significant degree, with any

requirements of this chapter, the Secretary shall report the

failure to the Committee on Agriculture of the House of

Representatives and to the Committee on Agriculture, Nutrition, and

Forestry of the Senate, shall fully investigate the matter, may

decline to provide additional Federal guarantees or interest

subsidies to the State trust fund, and shall take other steps as

may be appropriate to prevent the use of Federal assistance in a

manner not consistent with this chapter.

''SEC. 1468. APPLICATIONS AND ADMINISTRATION.

''(a) Applications. - In applying for assistance under this

chapter an eligible State described in section 1465(c)(3)(B) shall

-

''(1) prepare and submit, to the Secretary, an application at

such time, in such manner, and containing such information as the

Secretary shall require;

''(2) agree that the State trust fund will use any funds

provided, or guaranteed, by the Secretary under this chapter in a

manner that is consistent with the chapter and the regulations

promulgated by the Secretary; and

''(3) agree to comply with any other requirements set forth in

agreements with the Secretary or as the Secretary may prescribe

by regulation.

''(b) Annual Applications. - Eligible States described in section

1465(c)(3)(B) may apply for Federal assistance under this chapter

on an annual basis. The Secretary shall approve or disapprove each

application for assistance, and notify the applicant of the action

not later than 30 days after receipt of a complete application.

''(c) Match and Maximum Amount. -

''(1) In general. - The total amount of any guarantees provided

by the Secretary under this program for each eligible State shall

equal an amount that is equal to double the amount that is, or

shall be, made available to the trust fund (including matching

funds described in paragraphs (2) through (4)) in each such

eligible State by the State, political subdivisions thereof,

charitable organizations, private persons, or any other entity,

for acquiring interests in land to protect and preserve important

farmlands for future agricultural use but in no event shall the

total Federal share exceed $10,000,000 in any fiscal year for any

given State.

''(2) Earnings. - Earnings of the State trust fund and funds

expended by the State or the State trust fund prior to loan

closing for purposes consistent with this chapter, and in the

same fiscal year, may be considered as matching funds.

''(3) Obligations. - Proceeds from the sale of tax-exempt

general obligation bonds, or other obligations, of the State or

State trust fund shall be an allowable source of matching funds

under this chapter for the same fiscal year.

''(4) Land. - The fair market value of any donation of an

interest in land to the State trust fund, or a charitable

organization working with the State trust fund, may be considered

as matching funds, for the same fiscal year, if -

''(i) the fair market value is based on an appraisal

determined to be adequate by the State trust fund; and

''(ii) the donation is consistent with the State farmland

preservation plan,

except that the value of land donated to charitable organizations

by the State trust fund shall not be included as part of the

match.

''(d) Clarification of Federal Law. - Sellers of land, or of

interests in land, to any State trust fund are not, and shall not

be considered by the Secretary as, recipients or beneficiaries of

Federal assistance.

''SEC. 1469. REPORT.

''Not later than September 30, 1992, and annually thereafter, the

Secretary of Agriculture shall prepare and submit, to the Committee

on Agriculture of the House of Representatives and the Committee on

Agriculture, Nutrition, and Forestry of the Senate, a report

concerning the operation of the program established under this

chapter.

''SEC. 1470. IMPLEMENTATION AND EFFECTIVE DATE.

''(a) In general. - This chapter shall become effective on

October 1, 1990. Not later than December 30, 1990, the Secretary

shall enter into an agreement with the State of Vermont to provide

Federal assistance under this chapter to the State.

''(b) Regulations. - Not later than December 31, 1991, the

Secretary of Agriculture shall publish in the Federal Register

interim final regulations to implement this chapter. The

regulations shall not require each State's program to give a

priority to the acquisition of land, or interests in land, that is

subject to significant urban pressure.

''SEC. 1470A. COMPTROLLER GENERAL REPORTS.

''On February 15 of 1992, and on December 1 of each of the years

1992 through 1996, the Comptroller General of the United States

shall report to the Committee on Agriculture of the House of

Representatives and the Committee on Agriculture, Nutrition, and

Forestry of the Senate, on whether the Secretary of Agriculture is

complying with the requirements of this chapter. The report shall

include information concerning loans guaranteed under this chapter

and the steps the Secretary of Agriculture has taken to comply with

this chapter.

''SEC. 1470B. SPECIAL RULES FOR ISSUANCE OF STOCK FOR 1992.

''The Secretary shall issue the stock required to be issued to

the Secretary of (the) Treasury under this chapter with respect to

the eligible State described in section 1465(c)(3)(A), for fiscal

year 1992, on or before December 20, 1991.''

(Amendment by section 201(b), (c) of Pub. L. 102-237 to sections

1466 and 1470 of Pub. L. 101-624, set out above, effective as if

included in the provision of the Food, Agriculture, Conservation,

and Trade Act of 1990, Pub. L. 101-624, to which the amendment

relates, see section 1101(b)(1) of Pub. L. 102-237, set out as an

Effective Date of 1991 Amendment note under section 1421 of this

title.)

Pub. L. 102-341, title VII, Sec. 730, Aug. 14, 1992, 106 Stat.

909, provided that: ''For loan guarantees authorized under sections

1465-1469 of Public Law 101-624 (set out above) for the

Agricultural Resource Conservation Demonstration Program,

$10,000,000. For the cost, as defined in section 502 of the

Congressional Budget Act of 1974 (2 U.S.C. 661a), $3,644,000:

Provided, That, hereafter, no other funds are available in this or

any other Act to carry out this program, other than those provided

for in advance in Appropriations Acts, except for the cost of

administering the program: Provided further, That such limitation

shall not apply with respect to the duties and obligations of the

Secretary regarding any loan or note guarantees, interest

assistance agreements, or other understandings entered into during

fiscal year 1992, and the personnel of the Department shall carry

out the duties and obligations of the Secretary, and any other

requirements imposed on the Secretary regarding such Agricultural

Resource Conservation Demonstration Loan Program with respect to

the loan made and guaranteed in 1992.''

-CITE-

7 USC Sec. 4202 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 73 - FARMLAND PROTECTION POLICY

-HEAD-

Sec. 4202. Identifying effects of Federal programs on conversion of

farmland to nonagricultural uses

-STATUTE-

(a) Development of criteria to identify

The Department of Agriculture, in cooperation with other

departments, agencies, independent commissions, and other units of

the Federal Government, shall develop criteria for identifying the

effects of Federal programs on the conversion of farmland to

nonagricultural uses.

(b) Use of criteria to identify

Departments, agencies, independent commissions, and other units

of the Federal Government shall use the criteria established under

subsection (a) of this section, to identify the quantity of

farmland actually converted by Federal programs, and to identify

and take into account the adverse effects of Federal programs on

the preservation of farmland; consider alternative actions, as

appropriate, that could lessen such adverse effects; and assure

that such Federal programs, to the extent practicable, are

compatible with State, unit of local government, and private

programs and policies to protect farmland.

(c) Availability of restorative, etc., information

The Department of Agriculture may make available to States, units

of local government, individuals, organizations, and other units of

the Federal Government information useful in restoring,

maintaining, and improving the quantity and quality of farmland.

-SOURCE-

(Pub. L. 97-98, title XV, Sec. 1541, Dec. 22, 1981, 95 Stat. 1342;

Pub. L. 101-624, title XIV, Sec. 1454, Nov. 28, 1990, 104 Stat.

3614.)

-MISC1-

AMENDMENTS

1990 - Subsec. (b). Pub. L. 101-624 inserted ''to identify the

quantity of farmland actually converted by Federal programs, and''

after ''of this section,''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4209 of this title.

-CITE-

7 USC Sec. 4203 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 73 - FARMLAND PROTECTION POLICY

-HEAD-

Sec. 4203. Existing policies and procedures; review, etc.

-STATUTE-

(a) Each department, agency, independent commission, or other

unit of the Federal Government, with the assistance of the

Department of Agriculture, shall review current provisions of law,

administrative rules and regulations, and policies and procedures

applicable to it to determine whether any provision thereof will

prevent such unit of the Federal Government from taking appropriate

action to comply fully with the provisions of this chapter.

(b) Each department, agency, independent commission, or other

unit of the Federal Government, with the assistance of the

Department of Agriculture, shall, as appropriate, develop proposals

for action to bring its programs, authorities, and administrative

activities into conformity with the purpose and policy of this

chapter.

-SOURCE-

(Pub. L. 97-98, title XIV, Sec. 1542, Dec. 22, 1981, 95 Stat.

1343.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4207 of this title.

-CITE-

7 USC Sec. 4204 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 73 - FARMLAND PROTECTION POLICY

-HEAD-

Sec. 4204. Technical assistance

-STATUTE-

The Secretary is encouraged to provide technical assistance to

any State or unit of local government, or any nonprofit

organization, as determined by the Secretary, that desires to

develop programs or policies to limit the conversion of productive

farmland to nonagricultural uses.

-SOURCE-

(Pub. L. 97-98, title XV, Sec. 1543, Dec. 22, 1981, 95 Stat. 1343.)

-CITE-

7 USC Sec. 4205 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 73 - FARMLAND PROTECTION POLICY

-HEAD-

Sec. 4205. Farmland resource information

-STATUTE-

(a) The Secretary, through existing agencies or interagency

groups, and in cooperation with the cooperative extension services

of the States, shall design and implement educational programs and

materials emphasizing the importance of productive farmland to the

Nation's well-being and distribute educational materials through

communications media, schools, groups, and other Federal agencies.

(b) The Secretary shall designate one or more farmland

information centers to serve as central depositories and

distribution points for information on farmland issues, policies,

programs, technical principles, and innovative actions or proposals

by local and State governments.

-SOURCE-

(Pub. L. 97-98, title XV, Sec. 1544, Dec. 22, 1981, 95 Stat. 1343.)

-CITE-

7 USC Sec. 4206 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 73 - FARMLAND PROTECTION POLICY

-HEAD-

Sec. 4206. Grants, contracts, etc., authority

-STATUTE-

The Secretary may carry out the purposes of this chapter, with

existing facilities and funds otherwise available, through the use

of grants, contracts, or such other means as the Secretary deems

appropriate.

-SOURCE-

(Pub. L. 97-98, title XV, Sec. 1545, Dec. 22, 1981, 95 Stat. 1343.)

-CITE-

7 USC Sec. 4207 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 73 - FARMLAND PROTECTION POLICY

-HEAD-

Sec. 4207. Reporting requirement

-STATUTE-

On January 1, 1987, and at the beginning of each subsequent

calendar year. (FOOTNOTE 1) the Secretary of Agriculture shall

report to the Committee on Agriculture, Nutrition, and Forestry of

the Senate and the Committee on Agriculture of the House of

Representatives on the progress made in implementing the provisions

of this chapter. Such report shall include information on -

(FOOTNOTE 1) So in original. The period probably should be a

comma.

(1) the effects, if any, of Federal programs, authorities, and

administrative activities with respect to the protection of

United States farmland; and

(2) the results of the reviews of existing policies and

procedures required under section 4203(a) of this title.

-SOURCE-

(Pub. L. 97-98, title XV, Sec. 1546, Dec. 22, 1981, 95 Stat. 1343;

Pub. L. 99-198, title XII, Sec. 1255(a), Dec. 23, 1985, 99 Stat.

1518.)

-MISC1-

AMENDMENTS

1985 - Pub. L. 99-198 substituted ''On January 1, 1987, and at

the beginning of each subsequent calendar year.'' for ''Within one

year after December 22, 1981,''.

-CITE-

7 USC Sec. 4208 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 73 - FARMLAND PROTECTION POLICY

-HEAD-

Sec. 4208. Limitations

-STATUTE-

(a) This chapter does not authorize the Federal Government in any

way to regulate the use of private or non-Federal land, or in any

way affect the property rights of owners of such land.

(b) None of the provisions or other requirements of this chapter

shall apply to the acquisition or use of farmland for national

defense purposes during a national emergency.

-SOURCE-

(Pub. L. 97-98, title XV, Sec. 1547, Dec. 22, 1981, 95 Stat. 1344;

Pub. L. 101-624, title XXV, Sec. 2502, Nov. 28, 1990, 104 Stat.

4066.)

-MISC1-

AMENDMENTS

1990 - Subsec. (b). Pub. L. 101-624 inserted before period at end

''during a national emergency''.

-CITE-

7 USC Sec. 4209 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 73 - FARMLAND PROTECTION POLICY

-HEAD-

Sec. 4209. Prohibition on maintenance of actions

-STATUTE-

This chapter shall not be deemed to provide a basis for any

action, either legal or equitable, by any person or class of

persons challenging a Federal project, program, or other activity

that may affect farmland: Provided, That the Governor of an

affected State where a State policy or program exists to protect

farmland may bring an action in the Federal district court of the

district where a Federal program is proposed to enforce the

requirements of section 4202 of this title and regulations issued

pursuant thereto.

-SOURCE-

(Pub. L. 97-98, title XV, Sec. 1548, Dec. 22, 1981, 95 Stat. 1344;

Pub. L. 99-198, title XII, Sec. 1255(b), Dec. 23, 1985, 99 Stat.

1518.)

-MISC1-

AMENDMENTS

1985 - Pub. L. 99-198 substituted ''by any person'' for ''by any

State, local unit of government, or any person'' and inserted

proviso.

-CITE-