(a) NRCS may modify a conservation stewardship contract, if:
(1) The participant agrees to the modification, and
(2) NRCS determines the modification is in the public interest.
(b) NRCS may allow modification to a conservation stewardship contract to accommodate certain changes in the agricultural operation, such as to remove contract acres to be enrolled in CRP, protected by a wetland reserve easement through ACEP, or enrolled in other Federal or State programs that offer greater natural resource protection through an easement, long-term contract, land use restrictions, or similar authority as determined by NRCS. Payments for such modified contracts will be reduced to reflect the modified acreage and performance. Participants will not be subject to liquidated damages or refund of payments received for enrolling land in these programs. NRCS may also approve modification to a conservation stewardship contract to accommodate other limited changes on land that the participant has effective control in response to a participant's request made prior to implementing the change that would take land out of production or convert an area under contract to a different land use. Prior to approval, NRCS must determine that any modification under this section is authorized by the provisions of 16 U.S.C. 3838d-3838g.
(c) A voluntary contract modification under this section will not increase the scheduled annual payments under the program, except to implement an appeal determination or correct an administrative error as approved by NRCS. Successor in interest or other changes made to the structure of an operation are subject to this limitation on contract agreement.
(d) Land under contract will be considered transferred if the participant loses control of the acreage for any reason.
(1) The participant is responsible to notify NRCS prior to any voluntary or involuntary transfer of eligible land under contract;
(2) If all or part of the eligible land under contract is transferred, the contract terminates with respect to the transferred land unless:
(i) The transferor of the land provides written notice within 60 days to NRCS that all duties and rights under the contract have been transferred to, and assumed by, the transferee for the portion of the land transferred, and
(ii) The transferee meets the eligibility requirements of the program, and
(iii) NRCS approves the transfer of all duties and rights under the contract.