Page:United States Statutes at Large Volume 104 Part 5.djvu/267

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PUBLIC LAW 101-624—NOV. 28, 1990 104 STAT. 3589 "(d) EXEMPTION FROM AUTOMATIC SEQUESTER. — Notwithstanding any other provision of law, no order issued under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended (2 U.S.C. 902) shall affect any payment under this subchapter. " SEC. 1237E. CHANGES IN OWNERSHIP; AGREEMENT MODIFICATION; 16 USC 3837E. TERMINATION. " (a) LIMITATIONS, —No easement shall be created under this subchapter on land that has changed ownership in the preceding 12 months unless— "(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 "(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 subchapter. "0^) MODIFICATION; TERMINATION.— "(1) MODIFICATION. —The Secretary may modify an easement acquired from, or a related agreement with, an owner under this subchapter if^ "(A) the current owner agrees to such modification; and "(B) the Secretary determines that such modification is desirable— "(i) to carry out this subchapter; " (ii) to facilitate the practical administration of this subchapter; or "(iii) to achieve such other goals as the Secretary determines are appropriate and consistent with this subchapter. "(2) TERMINATION.— "(A) IN GENERAL.—The Secretary may terminate an easement created with an owner under this subchapter if— "(i) the current owner agrees to such termination; and "(ii) the Secretary determines that such termination would be in the public interest. "(B) NOTICE.—At least 90 days before taking any action to terminate under paragraph (A) all easements entered into under this subchapter, 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. "SEC. 1237F. ADMINISTRATION, AND FUNDING. 16 USC 3837f. " (a) DELEGATION OF EASEMENT ADMINISTRATION. —The Secretary may delegate any of the easement management, monitoring, and enforcement responsibilities of the Secretary to Federal or State agencies that have the appropriate authority, expertise, and resources necessary to carry out such delegated responsibilities. " (b) REGULATIONS. — Not later than 180 days after the date of enactment of this subchapter, the Secretary shall issue such regulations as are necessary to carry out this subchapter.".