[Code of Federal Regulations]
[Title 7, Volume 6]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR623.11]

[Page 376-377]
 
                          TITLE 7--AGRICULTURE
 
   CHAPTER VI--NATURAL RESOURCES CONSERVATION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 623--EMERGENCY WETLANDS RESERVE PROGRAM--Table of Contents
 
Sec. 623.11  Obligations of the landowner.

    (a) All owners of land who accept an EWRP offer from NRCS shall:
    (1) Comply with the terms of the easement.
    (2) Comply with all terms and conditions of the WRPO for the full 
life of the easement.
    (3) Ensure that the easement granted to NRCS is superior to the 
interest of all other parties who may have an interest in the easement 
area, except as authorized by NRCS. Such action shall include, but not 
be limited to, obtaining a written statement of consent to such a 
superior easement from those holding a security interest or any other 
encumbrance or the land covered by the easement. Additionally, the 
landowner shall perfect the easement with superior NRCS interest in 
accordance with State law.
    (4) Agree to the permanent retirement of the aggregate total of crop 
acreage bases, and allotment and mandatory quota on the farm or ranch in 
order to maintain the base allotment on quota acres at or below the 
number of acres of cropland after the easement has been perfected.
    (5) Not allow grazing or commercial use of the land covered by an 
easement except as provided for in the WRPO, or harvesting of any 
agricultural commodity produced on the land subject to the EWRP 
easement.
    (6) Comply with Federal or State noxious week laws in the manner 
specified in the WRPO.
    (7) Control other identified weed and pest species, in the manner 
specified in the WRPO.
    (8) Be responsible for repairs, improvements, and inspections of the 
WRPO practices as necessary to maintain existing public drainage systems 
when the land is restored to the condition required by the terms of the 
easement, the contract, and the easement.
    (9) Be permitted to control public access, in accordance with the 
WRPO, on the land enrolled in the program.
    (10) Implement any additional provisions that are required by NRCS 
in consultation with FWS in the contract, WRPO, or easement, in order 
to, as determined by NRCS, facilitate the administration of the EWRP.
    (11) Not alter the vegetation, except to harvest already planted 
crops or forage, or hydrology on such acres subsequent to perfection of 
the easement by the landowner, except as provided for in the easement or 
WRPO.
    (12) Be responsible for the long-term management of the easement in 
accordance with the terms of the easement and related agreements 
including the WRPO. Owners may enter into agreements with Federal or 
State agencies or private organizations to assist in the management of 
the easement area. No NRCS funds will be provided to these agencies or 
organizations for management expenses. Responsibility for management of 
the easement shall in all cases remain with the owner and the owner's 
successors of any kind regardless of whether arrangements are made for 
third-party management.
    (13) Agree that each person with an interest in the land covered by 
an easement under EWRP shall be jointly and severally responsible for 
compliance with the WRPO, the easement, the provisions of this part, and 
for any refunds or payment adjustment which may be required for 
violation of any terms or conditions of the WRPO, the easement, or 
provisions of this part.
    (14) Refrain from taking any action on the easement area unless 
specifically authorized in the reserve interest easement or the WRPO; 
and
    (15) Secure any necessary local, State and Federal permits prior to 
commencing restoration of the designated area.
    (b) In addition, program participants and their successors of any 
kind may:
    (1) Not alter wildlife habitat and other natural land features of 
the enrolled land unless authorized by the WRPO.
    (2) Apply pesticides or fertilizers on enrolled land or mow such 
land, only as provided for in the WRPO.

[[Page 377]]

    (3) Not engage in any activities on other land on the farm on which 
the easement exists that will, as determined by NRCS; (i) alter the flow 
of surface or subsurface water into or out of the easement area except 
as specified in the WRPO; or (ii) be otherwise inconsistent with the 
terms of the easement.
    (c) The activities of any person on the property shall be considered 
for purposes of this section to be the actions of the program 
participant. However, if the NRCS determines that the activities of the 
person were beyond the control of the program participants, NRCS may 
adjust the remedies provided for in this part to the extent determined 
consistent with program goals. Obligations created by the easement shall 
run with the land and shall bind all persons having an interest in the 
property at any time whether such interest is created by death of the 
owner, sale, assignment, or otherwise.