Page:United States Statutes at Large Volume 104 Part 5.djvu/278

 104 STAT. 3600 PUBLIC LAW 101-624—NOV. 28, 1990 "(f) PAYMENT LIMITATION. — "(1) IN GENERAL.—The total amount of easement payments made to a person under this chapter for any year may not exceed $50,000. "(2) REGULATIONS. —The Secretary shall issue regulations prescribing such rules as the Secretary determines necessary to ensure a fair and reasonable application of the limitation contained in this subsection. "(3) OTHER PAYMENTS.—Easement payments received by an owner shall be in addition to, and not affect, the total amount of payments that such owner is otherwise eligible to receive under this Act, the Food, Agriculture, Conservation, and Trade Act of 1990, or the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.). "(4) STATE ENVIRONMENTAL ENHANCEMENT.—The provisions of this subsection that limit payments to any person, and section 1305(d) of the Agricultural Reconciliation Act of 1987 (7 U.S.C. 1308 note), shall not be applicable to pa5ntnents received by a State, political subdivision, or sigency thereof in connection with agreements entered into under an environmental easement enhancement program carried out by that entity that has been approved by the Secretary. The Secretary may enter into such agreements for pa3anents to States, political subdivisions, or agencies thereof that the Secretary determines will advance the purposes of this chapter. "(g) 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 chapter. 16 USC 3839d. "SEC. 1239D. CHANGES IN OWNERSHIP; MODIFICATION OF EASEMENT. "(a) LIMITATIONS. — No easement shall be created under this chapter 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 chapter. "(b) MODIFICATION; TERMINATION. — "(1) MODIFICATION. — The Secretary may modify an easement acquired from, or a related agreement with, an owner under this chapter if— "(A) the current owner of the land agrees to such modification; £Uld "(B) the Secretary determines that such modification is desirable— "(i) to carry out this chapter; "(ii) to facilitate the practical administration of this chapter; or "(iii) to achieve such other goals as the Secretary determines are appropriate and consistent with this chapter. "(2) TERMINATION. —

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