12 2 STA T . 1 048PUBLIC LA W 110 – 2 3 4 —M A Y 22 , 2008 ‘ ‘ (3)EF F ECTONPAYM ENT S.—TheS e cr e ta r ys ha l l m a k e p ay - me n ts u n d er th i ssu b chapter w ith respect t o conser v ation secu- rity contracts described in para g raph ( 2 ) during the remaining term o f the contracts. ‘‘( 4 ) R E GUL AT I ONS.— A contract described in paragraph (2) may not be administered under the regulations issued to carry out the conservation stewardship program. ’ ’. (c) REFE R ENCE TO RE D ESIGNATED SU B C H APTER.—Section 1 23 8 A(b)(3)( C ) of title XI Iofthe F ood Security Act of 1 9 8 5 (1 6U .S.C. 3838a(b)(3)(C)) is amended by striking ‘‘subchapter C’’ and inserting ‘‘subchapter D ’’. Subti t leE—Farm la ndP r o te c tion and G ra s sland R eser v e SEC.2401 . FARML A NDP R OT ECT I ON PRO G RAM. (a) DEFINITIONS.—Section 1238 H of the Food Security Act of 1985 (16 U.S.C. 3838h) is amended— (1) by striking paragraph (1) and inserting the following new paragraph
‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible entity’ means— ‘‘(A) any agency of any State or local government or an Indian tribe (including a farmland protection board or land resource council established under State law)
or ‘‘( B ) any organi z ation that— ‘‘(i) is organized for , and at all times since the formation of the organization has been operated prin- cipally for, 1 or more of the conservation purposes specified in clause (i), (ii), (iii), or (iv) of section 1 70 (h)(4)(A) of the Internal Revenue Code of 1986; ‘‘(ii) is an organization described in section 501(c)(3) of that Code that is e x empt from taxation under section 501(a) of that Code; and ‘‘(iii) is— ‘‘(I) described in paragraph (1) or (2) of section 509(a) of that Code; or ‘‘(II) described in section 509(a)(3), and is con- trolled by an organization described in section 509(a)(2), of that Code.’’; and (2) in paragraph (2)— (A) in subparagraph (A)— (i) by striking ‘‘that—’’ and inserting ‘‘that is sub- j ect to a pending offer for purchase from an eligible entity and—’’; and (ii) by striking clauses (i) and (ii) and inserting the following new clauses: ‘‘(i) has prime, uni q ue, or other productive soil; ‘‘(ii) contains historical or archaeological resources; or ‘‘(iii) the protection of which will further a State or local policy consistent with the purposes of the pro- gram.’’; and (B) in subparagraph (B)— (i) in clause (iv), by striking ‘‘and’’ at the end; and
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