; or (ii) the livestock producer consents to the disclosure; (B) the authority of any State agency to collect information on livestock operations; or (C) the authority of the Agency to disclose the information on livestock operations to State or other Federal governmental agencies. (3) Condition of permit or other programs The approval of any permit, practice, or program administered by the Administrator shall not be conditioned on the consent of the livestock producer under paragraph (2)(A)(ii). 8. Privacy of agricultural producers (a) Definitions In this section: (1) Administrator The term Administrator means— (A) the Administrator; and (B) in the case of an action taken pursuant to a permit program approved under section 402 of the Federal Water Pollution Control Act ( 33 U.S.C. 1342 ), the head of the State agency administering the program. (2) Aerial surveillance The term aerial surveillance means any surveillance from the air, including— (A) surveillance conducted from manned or unmanned aircraft; or (B) the use of aerial or satellite images, regardless of whether the images are publicly available. (3) Agricultural land (A) In general The term agricultural land means land used primarily for agricultural production. (B) Inclusions The term agricultural land includes— (i) cropland; (ii) grassland; (iii) prairie land; (iv) improved pastureland; (v) rangeland; (vi) cropped woodland; (vii) marshes; (viii) reclaimed land; (ix) fish or other aquatic species habitat; (x) land used for— (I) agroforestry; or (II) the production of livestock; and (xi) land that contains existing infrastructure used for— (I) the production of livestock