Sec. 2806. Administration
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Section 1271E(b) of the Food Security Act of 1985 ( 16 U.S.C. 3871e(b) ) is amended in the matter preceding paragraph
(1)by inserting make publicly available and after the Secretary shall . Section 1271E of the Food Security Act of 1985 ( 16 U.S.C. 3871e ) is amended by adding at the end the following: Except as provided in this subsection, the Secretary shall ensure that the terms and conditions of a program contract are consistent with the requirements of the applicable covered program to be used as part of the applicable partnership agreement. The Secretary may, if the Secretary determines necessary, adjust a regulatory requirement of a covered program to be used as a part of a partnership agreement, or related guidance, as it applies to an eligible activity carried out under a program contract entered into pursuant to the partnership agreement— to provide a simplified process; or to better reflect unique local circumstances. The Secretary shall not adjust the application of statutory requirements for a covered program to be used as a part of a partnership agreement, including requirements governing appeals, payment limits, and conservation compliance. With respect to a program contract for an eligible activity under the agricultural conservation easement program, the Secretary may, in the applicable partnership agreement, waive the application of clauses
(ii)or (iii)(III) of section 1265A(4)(A) for purposes of determining the eligibility of land. With respect to a partnership agreement entered into for acquisition of easements, the Secretary shall apply the authorities applicable to the eligible partner under section 1265B(b)(5)(A) if the eligible partner is an eligible entity certified under such section. With respect to a program contract that includes an eligible activity under the environmental quality incentives program to be installed and maintained in a State in which irrigation has not been used significantly for agricultural purposes, as determined by the Secretary, the Secretary may not consider prior irrigation history when determining the eligibility of land. Paragraph
(1)shall not apply to partnership agreements funded pursuant to section 1271C(d). .
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