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16 U.S.C. § 3837E

Section 3837e · Changes in ownership; agreement modification; termination

Current version, with additions and removals from the November 28, 1990 version.

Current — June 18, 2008
As of November 28, 1990
(a) Limitations
(a) Limitations
No easement shall be created under this subpart on land that has changed ownership in the preceding 12 months unless—
No easement shall be created under this subpart on land that has changed ownership during the preceding 7-year period unless—

(1) the new ownership was acquired by will or succession as a result of the death of the previous owner;

(1) the new ownership was acquired by will or succession as a result of the death of the previous owner;

(2) the new ownership was acquired before January 1, 1990; or

(2)(A) the ownership change occurred because of foreclosure on the land; and

(B) immediately before the foreclosure, the owner of the land exercises a right of redemption from the mortgage holder in accordance with State law; or

(3) the Secretary determines that the land was acquired under circumstances that give adequate assurances that such land was not acquired for the purposes of placing it in the program established by this subpart.

(3) the Secretary determines that the land was acquired under circumstances that give adequate assurances that such land was not acquired for the purposes of placing it in the program established by this subpart.

(b) Modification; termination
(b) Modification; termination

(1) Modification

(1) Modification

The Secretary may modify an easement acquired from, or a related agreement with, an owner under this subpart if—

The Secretary may modify an easement acquired from, or a related agreement with, an owner under this subpart if—

(A) the current owner agrees to such modification; and

(A) the current owner agrees to such modification; and

(B) the Secretary determines that such modification is desirable—

(B) the Secretary determines that such modification is desirable—

(i) to carry out this subpart;

(i) to carry out this subpart;

(ii) to facilitate the practical administration of this subpart; or

(ii) to facilitate the practical administration of this subpart; or

(iii) to achieve such other goals as the Secretary determines are appropriate and consistent with this subpart.

(iii) to achieve such other goals as the Secretary determines are appropriate and consistent with this subpart.

(2) Termination

(2) Termination

(A) In general

(A) In general

The Secretary may terminate an easement created with an owner under this subpart if—

The Secretary may terminate an easement created with an owner under this subpart if—

(i) the current owner agrees to such termination; and

(i) the current owner agrees to such termination; and

(ii) the Secretary determines that such termination would be in the public interest.

(ii) the Secretary determines that such termination would be in the public interest.

(B) Notice

(B) Notice

At least 90 days before taking any action to terminate under paragraph (A) all easements entered into under this subpart, the Secretary shall provide written notice of such action to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate.

At least 90 days before taking any action to terminate under paragraph (A) all easements entered into under this subpart, the Secretary shall provide written notice of such action to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate.

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