16-U.S.C.-3837E
§3837E – Changes In Ownership; Agreement Modification; Termination
Pathway
Title 16 > Chapter 58 > Subchapter IV > Part I > Subpart c > Section 3837e
Details
- Reference: Section 3837e
- Legend: §3837E – Changes In Ownership; Agreement Modification; Termination
- USCode Year: 2013
Provision Content
(a) Limitations
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;
(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.
(b) Modification; termination
(1) Modification
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
(B) the Secretary determines that such modification is desirable—
(i) to carry out this subpart;
(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.
(2) Termination
(A) In general
The Secretary may terminate an easement created with an owner under this subpart 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 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.
(Pub. L. 99–198, title XII, §1237E, as added Pub. L. 101–624, title XIV, §1438, Nov. 28, 1990, 104 Stat. 3589; amended Pub. L. 107–171, title II, §2204, May 13, 2002, 116 Stat. 253; Pub. L. 110–234, title II, §2203(b), May 22, 2008, 122 Stat. 1037; Pub. L. 110–246, §4(a), title II, §2203(b), June 18, 2008, 122 Stat. 1664, 1765.)
Codification
Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.
Amendments
2008—Subsec. (a). Pub. L. 110–246, §2203(b), substituted during the preceding 7-year period for in the preceding 12 months in introductory provisions.
2002—Subsec. (a)(2). Pub. L. 107–171 added par. (2) and struck out former par. (2) which read as follows: the new ownership was acquired before January 1, 1990; or.
Effective Date of 2008 Amendment
Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.
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