
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC3839d]

 
                         TITLE 16--CONSERVATION
 
 CHAPTER 58--ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM
 
       SUBCHAPTER IV--AGRICULTURAL RESOURCES CONSERVATION PROGRAM
 
                Part III--Environmental Easement Program
 
Sec. 3839d. Changes in ownership; modification of easement


(a) Limitations

    No easement shall be created under this part 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 part.

(b) Modification; termination

                          (1) Modification

        The Secretary may modify an easement acquired from, or a related 
    agreement with, an owner under this part if--
            (A) the current owner of the land agrees to such 
        modification; and
            (B) the Secretary determines that such modification is 
        desirable--
                (i) to carry out this part;
                (ii) to facilitate the practical administration of this 
            part; or
                (iii) to achieve such other goals as the Secretary 
            determines are appropriate and consistent with this part.

                           (2) Termination

        (A) In general

            The Secretary may terminate an easement created with an 
        owner under this part if--
                (i) the current owner of the land 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 
        subparagraph (A) all easements entered into under this part, 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, Sec. 1239D, as added Pub. L. 101-624, title 
XIV, Sec. 1440, Nov. 28, 1990, 104 Stat. 3600.)
