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U.S. Code as of:
01/03/05
Section 4201. General provisions
(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.
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