Sec. 2604. Administration
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Section 1265D of the Food Security Act of 1985 ( 16 U.S.C. 3865d ) is amended— in subsection (c), by adding at the end the following: The Secretary may approve and make a de minimis adjustment, as determined by the Secretary and subject to conditions determined by the Secretary, to 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 the adjustment— increases conservation values or has a neutral or limited negative effect on conservation values; is in the public interest or furthers the practical administration of the program; and is not a subordination, modification, exchange, or termination, as determined by the Secretary.
The Secretary may authorize an eligible entity certified under section 1265B(b)(5) that has demonstrated the ability to make easement management decisions consistent with the purposes of the program to approve and make de minimis adjustments described in clause
(ii)to any interest in eligible land held by the certified eligible entity if the certified eligible entity determines that the adjustment— increases conservation values or has a neutral or limited negative effect on conservation values; is consistent with the program purposes for which the interest was originally acquired and furthers the practical administration of the program; is not made to resolve a violation or a potential violation; and is not made with respect to an easement that is co-held by the United States. The de minimis adjustments referred to in clause
(i)are limited to— title corrections; corrections to typographical errors; changes in legal descriptions as a result of minor survey or mapping errors; changes to a building envelope boundary that do not increase the total square footage of the impervious surface of the original building envelope boundary; and relocation of easement access. Not later than 30 days after the date on which a certified eligible entity records a de minimis adjustment under clause (i), the certified eligible entity shall provide to the Secretary a notice of the de minimis adjustment and a copy of the recorded instrument. Nothing in this subparagraph requires the Secretary to determine whether each eligible entity seeking certification under section 1265B(b)(5) meets the requirements to make de minimis adjustments under this subparagraph. ; and by striking subsection
(e)and inserting the following: The Secretary may not provide assistance under this subtitle to an eligible entity or owner of eligible land unless the owner of the eligible land, at the time of acquisition of an easement under this subtitle, is in compliance with applicable requirements under subtitles B and C. The Secretary shall ensure the equitable treatment of a purchaser of eligible land under a purchase agreement, an installment land contract, or a lease-to-own agreement by— identifying the purchaser of the land as the owner of the land; appropriately identifying the seller of the land based on the instrument; and addressing the interests of the parties described in subparagraphs
(A)and (B), as determined necessary by the Secretary, by the time of acquisition of an easement under this subtitle. . The Secretary shall conduct a study to determine the feasibility of establishing a groundwater conservation easement program within the agricultural conservation easement program established under subtitle H of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3865 et seq. ). The study conducted under paragraph
(1)shall— examine the impact of legal regimes governing water rights on the establishment of easements across the United States, particularly focused on how water rights under State laws can be purchased or regulated by the Federal Government as a property right; examine the feasibility of establishing an easement program devoted to purchasing eligible water rights either in perpetuity or for a term, which may include establishing easements on eligible land associated with such water rights, through groundwater conservation easements; analyze how the establishment of a groundwater conservation easement program would incentivize farmers and ranchers to discontinue irrigation practices and to adopt groundwater conservation management practices; consider what potential effects a groundwater conservation easement program would have on sustainable groundwater management, the recharging of declining aquifers, and the reduction of reliance on groundwater water supply; assess the effectiveness of a groundwater conservation easement program if the landowner or eligible entity has the right to continue agricultural production and other uses compatible with sustainable groundwater management while participating in the program; analyze the elements of the groundwater conservation easement program that may not be consistent with the agricultural conservation easement program, such as— the length of an easement agreement to restore and enhance groundwater-dependent ecosystems; and geographic scope; and consider the costs of— the fair market value of a groundwater conservation easement; technical assistance to implement the groundwater conservation easement program; and revegetating land with plants that can survive drought and do not require irrigation. Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the findings of the study conducted under paragraph (1), including findings relating to each of the matters described in paragraph (2).
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