(1) In general.-- For purposes of subsection
(f)(3)(B)(iii), the term "qualified conservation contribution" means a
contribution--
(A) of a qualified real property interest,
(B) to a qualified organization,
(C) exclusively for conservation purposes.
(2) Qualified real property interest.-- For purposes
of this subsection, the term "qualified real property interest" means any of the
following interests in real property:
(A) the entire interest of the donor other than a
qualified mineral interest,
(B) a remainder interest, and
(C) a restriction (granted in perpetuity) on the use
which may be made of the real property.
(3) Qualified organization.-- For purposes of
paragraph (1), the term "qualified organization" means an organization which--
(A) is described in clause (v) or (vi) of subsection
(b)(1)(A), or
(B) is described in section 501(c)(3) and--
(i) meets the requirements of section 509(a)(2), or
(ii) meets the requirements of section 509(a)(3) and is
controlled by an organization described in subparagraph (A) or in clause (i) of
this subparagraph.
(4) Conservation purpose defined.--
(A) In general.-- For purposes of this subsection, the
term "conservation purpose" means--
(i) the preservation of land areas for outdoor
recreation by, or the education of, the general public,
(ii) the protection of a relatively natural habitat of
fish, wildlife, or plants, or similar ecosystem,
(iii) the preservation of open space (including farmland
and forest land) where such preservation is--
(I) for the scenic enjoyment of the general public, or
(II) pursuant to a clearly delineated Federal, State, or
local governmental conservation policy, and will yield a significant public
benefit, or
(iv) the preservation of an historically important land
area or a certified historic structure.
(B) Certified historic structure.-- For purposes of
subparagraph (A)(iv), the term "certified historic structure" means any
building, structure, or land area which--
(i) is listed in the National Register, or
(ii) is located in a registered historic district (as
defined in section 47(c)(3)(B)) and is certified by the Secretary of the
Interior to the Secretary as being of historic significance to the district.
A building, structure, or land area satisfies the preceding
sentence if it satisfies such sentence either at the time of the transfer or on
the due date (including extensions) for filing the transferor's return under
this chapter for the taxable year in which the transfer is made.
(5) Exclusively for conservation purposes.-- For
purposes of this subsection--
(A) Conservation purpose must be protected.-- A
contribution shall not be treated as exclusively for conservation purposes
unless the conservation purpose is protected in perpetuity.
(B) No surface mining permitted.
(i) In general.-- Except as provided in clause (ii), in
the case of a contribution of any interest where there is a retention of a
qualified mineral interest, subparagraph (A) shall not be treated as met if at
any time there may be extraction or removal of minerals by any surface mining
method.
(ii) Special rule.-- With respect to any contribution of
property in which the ownership of the surface estate and mineral interests has
been and remains separated, subparagraph (A) shall be treated as met if the
probability of surface mining occurring on such property is so remote as to be
negligible.
(6) Qualified mineral interest.-- For purposes of
this subsection, the term "qualified mineral interest" means--
(A) subsurface oil, gas, or other minerals, and
(B) the right to access to such minerals.