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Code · BILL · 115th Congress · H.R. 2 (Enrolled) — To provide for the reform and continuation of agricultural and other programs of the Department of Agriculture throug... · Sec. 2605

Sec. 2605. Administration

500 words·~2 min read·/bill/115/hr/2/enr/section-2605

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Section 1265D of the Food Security Act of 1985 ( 16 U.S.C. 3865d ) is amended— in paragraph (a)(4), by striking proposed and inserting permitted ; by striking subsection
(c)and inserting the following: The Secretary may subordinate any interest in land, or portion of such interest, administered by the Secretary (including for the purposes of utilities and energy transmission services) either directly or on behalf of the Commodity Credit Corporation under the program if the Secretary determines that the subordination— increases conservation values or has a limited negative effect on conservation values; minimally affects the acreage subject to the interest in land; and is in the public interest or furthers the practical administration of the program. The Secretary may approve a modification or exchange of any interest in land, or portion of such interest, administered by the Secretary, either directly or on behalf of the Commodity Credit Corporation under the program if the Secretary determines that— no reasonable alternative exists and the effect on the interest in land is avoided or minimized to the extent practicable; and the modification or exchange— results in equal or increased conservation values; results in equal or greater economic value to the United States; is consistent with the original intent of the easement; is consistent with the purposes of the program; and is in the public interest or furthers the practical administration of the program. In modifying or exchanging an interest in land, or portion of such interest, under this paragraph, the Secretary may not increase any payment to an eligible entity. The Secretary may approve a termination of any interest in land, or portion of such interest, administered by the Secretary, directly or on behalf of the Commodity Credit Corporation under the program if the Secretary determines that— termination is in the interest of the Federal Government; the United States will be fully compensated for— the fair market value of the interest in land; any costs relating to the termination; and any damages determined appropriate by the Secretary; and the termination will— address a compelling public need for which there is no practicable alternative even with avoidance and minimization; and further the practical administration of the program. The Secretary shall obtain consent from the landowner and eligible entity, if applicable, for any subordination, exchange, modification, or termination of interest in land, or portion of such interest, under this subsection. At least 90 days before taking any termination action described in paragraph (3), the Secretary shall provide written notice of such action to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate. ; and in subsection (d)— in paragraph (1), by striking transferred into the program and inserting enrolled in an easement under section 1265C(b) ; and by adding at the end the following: A farmer or rancher who owns eligible land subject to an agricultural land easement may enter into a contract under subchapter B of chapter 1 of subtitle D. .
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