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S. 5526IntroducedSenate · nowHousePresidentLawIn committee
Sec. 2504 · S. 5526

Administration

Title II — Conservation › Subtitle E — Agricultural Conservation Easement Program

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Section 1265D(c) of the Food Security Act of 1985 (16 U.S.C. 3865d(c)) is amended by adding at the end the following: (6) De minimis adjustments (A) In general 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— (i) increases conservation values or has a neutral or limited negative effect on conservation values; (ii) is in the public interest or furthers the practical administration of the program; and (iii) is not a subordination, modification, exchange, or termination, as determined by the Secretary. (B) De minimis adjustments by certified eligible entities (i) In general 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— (I) increases conservation values or has a neutral or limited negative effect on conservation values; (II) is consistent with the program purposes for which the interest was originally acquired and furthers the practical administration of the program; (III) is not made to resolve a violation or a potential violation; and (IV) is not made with respect to an easement that is co-held by the United States. (ii) Types of de minimis adjustments The de minimis adjustments referred to in clause (i) are limited to— (I) title corrections; (II) corrections of typographical errors; (III) changes in legal descriptions as a result of minor survey or mapping errors; (IV) changes to the boundary of one or more building envelopes that do not result in an increase in the total number of building envelopes or that will result in an increase in the total area of the original building envelope boundary; and (V) relocation of easement access. (iii) Notification (I) In general 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. (II) Failure to comply If an eligible entity fails to comply with subclause (I), the Secretary may— (aa) immediately revoke the certification of the eligible entity under section 1265B(b)(5); and (bb) pursue any other remedies available to the Secretary. (iv) Rule of construction 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..

Sec. 2504: Administration · Public Law Tracker