[Code of Federal Regulations]
[Title 7, Volume 10]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR1491]

[Page 734]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE
 
PART 1491--FARM AND RANCH LANDS PROTECTION PROGRAM--Table of Contents
 
    Subpart B--Cooperative Agreements and Conservation Easement Deeds
 
Sec.  1491.22  Conservation easement deeds.

    (a) Under FRPP, a landowner grants an easement to an eligible entity 
with which NRCS has entered into an FRPP cooperative agreement. The 
easement shall require that the easement area be maintained in 
accordance with FRPP goals and objectives for the term of the easement.
    (b) Pending offers by an eligible entity must be for acquiring an 
easement in perpetuity, except where State law prohibits a permanent 
easement.
    (c) The conveyance document or conservation easement deed used by 
the eligible entity may be reviewed and approved by the NRCS National 
Office and Office of the General Counsel (OGC) before being recorded.
    (d) Since title to the easement is held by an entity other than the 
United States, the conveyance document must contain a ``contingent 
right'' clause that provides that all rights conveyed by the landowner 
under the document will become vested in the United States should the 
eligible entity (i.e., the grantee[s]) abandon or attempt to terminate 
the conservation easement. In addition, the contingent right also 
provides, in part, that the Secretary takes title to the easement, if 
the eligible entity fails to uphold the easement or attempts to transfer 
the easement without first securing the consent of the Secretary.
    (e) As a condition for participation, a conservation plan will be 
developed by NRCS in consultation with the landowner and implemented 
according to the NRCS Field Office Technical Guide and approved by the 
local conservation district. The conservation plan will be developed and 
managed in accordance with the Food Security Act of 1985, as amended, 7 
CFR part 12 or subsequent regulations, and other requirements as 
determined by the State Conservationist. To ensure compliance with this 
conservation plan, the easement will grant to the United States, through 
NRCS, its successors or assigns, a right of access to the easement area.
    (f) The cooperating entity shall acquire, hold, manage and enforce 
the easement. The cooperating entity may have the option to enter into 
an agreement with governmental or private organizations to carry out 
easement stewardship responsibilities if approved by NRCS.
    (g) Prior to fund disbursement, NRCS must sign the conservation 
easement, concurring with the terms of the conservation easement and 
accepting its interest in the conservation easement deed.
    (h) All conservation easement deeds acquired with FRPP funds must be 
recorded. Proof of recordation shall be provided to NRCS by the 
cooperating entity.