[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 734-735]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE
 
PART 1491--FARM AND RANCH LANDS PROTECTION PROGRAM--Table of Contents
 
                    Subpart C--General Administration
 
Sec.  1491.30  Violations and remedies.


    (a) In the event of a violation of the terms of the easement, the 
cooperating entity shall notify the landowner. The

[[Page 735]]

landowner may be given reasonable notice and, where appropriate, an 
opportunity to voluntarily correct the violation in accordance with the 
terms of the conservation easement.
    (b) In the event that the cooperating entity fails to enforce any of 
the terms of the easement as determined in the sole discretion of the 
Secretary, the Secretary and his or her successors and assigns shall 
have the right to enforce the terms of the easement through any and all 
authorities available under Federal or State law. In the event that the 
cooperating entity attempts to terminate, transfer, or otherwise divest 
itself of any rights, title, or interests of the easement or extinguish 
the easement or without the prior consent of the Secretary and payment 
of consideration to the United States, then, at the option of the 
Secretary, all right, title, and interest in the conservation easement 
shall become vested in the United States of America.
    (c) Notwithstanding paragraph (a) of this section, NRCS, upon 
notification to the landowner, reserves the right to enter upon the 
easement area at any time to monitor conservation plan implementation or 
remedy deficiencies or easement violations, as it relates to the 
conservation plan. The entry may be made at the discretion of NRCS when 
the actions are deemed necessary to protect highly erodible soils and 
wetland resources. The landowner will be liable for any costs incurred 
by the United States as a result of the landowner's negligence or 
failure to comply with the easement requirements as it relates to 
conservation plan violations.
    (d) The United States shall be entitled to recover any and all 
administrative and legal costs, including attorney's fees or expenses, 
associated with any enforcement or remedial action as it relates to the 
enforcement of the FRPP easement.
    (e) The conservation easement shall include an indemnification 
clause requiring landowners to indemnify, defend, and hold harmless the 
United States from any liability resulting from the negligent acts of 
the landowner.
    (f) In instances where an easement is terminated or extinguished, 
NRCS will collect CCC's share of the conservation easement based on the 
appraised fair market value of the conservation easement at the time the 
easement is extinguished or terminated. CCC's share shall be in 
proportion to its percentage of original investment.