[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 730-731]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE
 
PART 1491--FARM AND RANCH LANDS PROTECTION PROGRAM--Table of Contents
 
                      Subpart A--General Provisions
 
Sec.  1491.4  Program requirements.

    (a) Under the FRPP, the Secretary, on behalf of CCC, shall purchase 
conservation easements, in partnership

[[Page 731]]

with eligible entities, from landowners who voluntarily wish to protect 
their farm and ranch lands from conversion to nonagricultural uses. 
Eligible entities submit applications to NRCS State Offices to partner 
with NRCS to acquire conservation easements on farm and ranch land. NRCS 
enters into cooperative agreements with selected entities and provides 
funds for up to 50 percent of the appraised market value for the 
easement purchase. In return, the entity agrees to acquire, hold, 
manage, and enforce the easement. A Federal contingent right interest in 
the property must be included in each easement deed for the protection 
of the Federal investment.
    (b) The term of all easements will be in perpetuity unless 
prohibited by State law.
    (c) To be eligible to receive FRPP funding, an entity must meet the 
definition of ``eligible entity'' as listed in Sec.  1491.3. In 
addition, eligible entities wishing to receive FRPP funds must also 
demonstrate:
    (1) A commitment to long-term conservation of agricultural lands;
    (2) A capability to acquire, manage, and enforce easements;
    (3) Sufficient number of staff dedicated to monitoring and easement 
stewardship; and
    (4) The availability of funds.
    (d) Eligible land must meet the definition of ``eligible land'' as 
provided in Sec.  1491.3. In addition:
    (1) Entire farms or ranches may be enrolled in FRPP.
    (2) Farms must contain at least 50 percent of prime, unique, 
Statewide, or locally important soil, unless otherwise determined by the 
State Conservationist, or contain historical or archaeological 
resources.
    (3) Eligible lands are farm and ranch lands subject to a pending 
offer, as defined in Sec.  1491.3, for purchase of a conservation 
easement.
    (4) Eligible land must be privately owned. NRCS will not enroll land 
in FRPP that is owned in fee title by an agency of the United States or 
State or local government, or land that is already subject to an 
easement or deed restriction that limits the conversion of the land to 
nonagricultural use, unless otherwise determined by the Secretary.
    (5) Eligible land must be owned by landowners who certify that they 
do not exceed the adjusted gross income limitation eligibility 
requirements set forth in Section 1604 of the Farm Security and Rural 
Investment Act of 2002.
    (e) Prior to FRPP fund disbursement, the value of the conservation 
easement must be appraised. Appraisals shall be completed and signed by 
a State-certified or licensed general appraiser and shall contain a 
disclosure statement by the appraiser. The appraisal shall conform to 
either the Uniform Standards of Professional Appraisal Practices or the 
Uniform Appraisal Standards for Federal Land Acquisitions.
    (f) At the discretion of the Chief, a standard easement or 
equivalent legal form, which meets the intent of the 2002 Act, will be 
required as a condition for program participation.
    (g) The landowner shall be responsible for complying with the Highly 
Erodible Land and Wetland Conservation provisions of the Food Security 
Act of 1985, as amended, and 7 CFR part 12.