Sec. 2429. Modifications to conservation easement program
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Title XII of the Food Security Act of 1985 ( 16 U.S.C. 3801 et seq.) is amended by inserting after subtitle E the following: In this section, the term covered program means wetland reserve easements under section 1265C. Notwithstanding any other provision of law applicable to the covered program, subject to subsection (c), if requested by the landowner, the Secretary shall— allow land enrolled in the covered program to be— modified for water management, general maintenance, vegetative cover control, wildlife habitat management, or any other purpose, subject to the condition that the modification shall be approved jointly by— the State department of natural resources (or equivalent State agency); and the technical committee established under section 1261(a) of the State; or exchanged for land that has equal or greater conservation, wildlife, ecological, and economic values, as determined by the Secretary; and provide for the modification of an easement under the covered program if the Secretary determines that the modification— would facilitate the practical administration and management of the land covered by the easement; and would not adversely affect the functions and values for which the easement was established.
A modification or exchange under subsection
(b)shall not— result in a net loss of acreage enrolled in the covered program; or adversely affect any ecological or conservation function or value for which the applicable easement was established. Any land for which an exchange is made under subsection
(b)shall satisfy all requirements for enrollment in the covered program. In modifying any easement under the covered program, the Secretary shall not increase any payment to any party to the easement. A party to an easement under the covered program that requests a modification or exchange under subsection
(b)shall be responsible for all costs of the modification or exchange, including— an appraisal to determine whether the economic value of the land for which an exchange is made under subsection
(b)is equal to or greater than the value of the land removed from the covered program; the repayment of the costs paid by the Secretary for any restoration of land removed from the covered program; if applicable, a survey of property boundaries, including review and approval by the applicable agency; preparation and recording in accordance with standard real estate practices of any exchange, including requirements for title approval by the Secretary, subordination of liens, and amended warranty easement deed recording; and any applicable recording and legal fees. .
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Sec. 2429
Modifications to conservation easement program
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