Sec. 2604. Administration
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/bill/118/hr/8467/ih/section-2604A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 1265D(c) of the Food Security Act of 1985 ( 16 U.S.C. 3865d(c) ) is amended— by amending paragraph
(2)to read as follows: The Secretary may approve a modification 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 the modification— will support the long-term agricultural viability of the applicable farm or ranch operation and the conservation values of the applicable easement; will result in equal or increased conservation values; 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, including correcting errors, exercising reserved rights, and increasing flexibility to recognize changes in water availability or administration. In modifying an interest in land, or portion of such interest, under this subparagraph, the Secretary may not, except in the case of a modification that includes a change to an easement to add acreage, increase any payment to an eligible entity. An action taken pursuant to this subparagraph may not be considered a major Federal action under section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ). The Secretary may approve an 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 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 exchanging an interest in land, or portion of such interest, under this subparagraph, the Secretary may not increase any payment to an eligible entity. ; and by adding at the end the following: The Secretary may approve and make de minimis adjustments to any interest in land, or a 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 the adjustment— furthers the practical administration of the program; and is not a subordination, modification, exchange, or termination, as determined by the Secretary. De minimis adjustments made under this paragraph may include title corrections and other minor adjustments, including— typographical error corrections; minor changes in legal descriptions as a result of survey or mapping errors; the transfer of an interest of an eligible entity to another eligible entity; changes to a building envelope boundary; relocation of easement access; authorization of temporary work areas not associated with other easement administration actions; and other adjustments determined necessary by the Secretary. . Section 1265D of the Food Security Act of 1985 ( 16 U.S.C. 3865D ) is amended by adding at the end the following: The adjusted gross income limitation described in section 1001D(b)(1) shall not apply to any payment or other assistance under this subtitle. .
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- 16 USC 3865D
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