Sec. 2605. Administration
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Section 1265D(a)(4) of the Food Security Act of 1985 ( 16 U.S.C. 3865d(a)(4) ) is amended— by striking or off-site ; and by striking proposed or and inserting permitted or . Section 1265D(c)(1) of the Food Security Act of 1985 ( 16 U.S.C. 3865d(c)(1) ) is amended— in the paragraph heading, by striking and inserting In general ; Subordination and exchange by striking subordinate, exchange, modify, or terminate each place it appears and inserting subordinate or exchange ; and by striking subordination, exchange, modification, or termination each place it appears and inserting subordination or exchange .
Section 1265D(c) of the Food Security Act of 1985 ( 16 U.S.C. 3865d(c) ) is amended— by redesignating paragraphs
(2)and
(3)as paragraphs
(4)and (5), respectively; by inserting after paragraph
(1)the following: The Secretary may modify 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 modification— has a neutral effect on, or increases, the conservation values; is consistent with the original intent of the easement; and is consistent with the purposes of the program. In modifying 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 terminate 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 current owner of the land that is subject to the easement and the holder of the easement agree to the termination; and the Secretary determines that the termination would be in the public interest. ; in paragraph
(5)(as so redesignated), by striking paragraph
(1)and inserting paragraph
(3); and by adding at the end the following: An easement acquired or funded by the Secretary under this subtitle shall not fail to be treated for purposes of the Internal Revenue Code of 1986 as a qualified conservation contribution described in section 170(h) of such Code merely because of— the authority of the Secretary under this subsection to modify or terminate the easement; or any modification or termination under such authority. If the Secretary modifies or terminates an interest in land, or portion of such interest, under paragraph
(2)or (3), the Secretary shall use any funds made available to the Secretary that are attributable to such modification or termination for authorized activities that are consistent with— the conservation purposes of the easement as it existed before such modification or termination; or other conservation purposes described in section 170(h)(4) of the Internal Revenue Code of 1986. . Section 1265D of the Food Security Act of 1985 ( 16 U.S.C. 3865d ) is amended by adding at the end the following: The limitation described in paragraph
(1)of section 1001D(b) shall not apply to a landowner from which an easement under the program is to be purchased with respect to any benefit described in paragraph (2)(C) of such section related to the purchase of such easement. .
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