Sec. 3. Modifications to conservation easement programs
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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— the conservation reserve program established under subchapter B of chapter 1 of subtitle D; the farmable wetland program carried out under section 1231B; the special conservation reserve enhancement program described in section 1234(g)(2); the agricultural conservation easement program established under subtitle H; the healthy forests reserve program established under section 501 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6571 ); or any similar program, as determined by the Secretary, that is established on or after the date of enactment of the Conservation Program Improvement Act of 2017 .
Notwithstanding any other provision of law applicable to a covered program, subject to subsection (c), the Secretary shall— allow land enrolled in a 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 agreement, a contract, or an easement under a covered program if the Secretary determines that the modification— would facilitate the practical administration and management of the land covered by the agreement, contract, or easement; and would not adversely affect the functions and values for which the agreement, contract, or easement was established.
Any modification or exchange under subsection
(b)shall not result in a net loss of acreage enrolled in the covered program. Any land for which an exchange is made under subsection
(b)shall satisfy all requirements for enrollment in the covered program. A party to an agreement, a contract, or an easement under a 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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