[Code of Federal Regulations]
[Title 7, Volume 10]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR1415.17]

[Page 423-424]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE
 
PART 1415_GRASSLAND RESERVE PROGRAM--Table of Contents
 
Sec.  1415.17  Easement transfer to third parties.

    (a) USDA may transfer title of ownership to an easement to an 
approved private conservation or land trust organization or State agency 
with the consent or written request of the landowner and upon a 
determination by the Secretary, or his or her designee, that

[[Page 424]]

granting permission will promote protection of grassland. Such entities 
must be a qualified organization under 16 U.S.C. Sec.  3838q that the 
Secretary determines has the appropriate authority, expertise, and 
resources necessary to assume title ownership of the easement. Rental 
agreements will not be transferred.
    (b) USDA has the right to conduct periodic inspections and enforce 
the easement and associated restoration agreement for any easements 
transferred pursuant to this section.
    (c) The private organization, State, or other Federal agency must 
assume the costs incurred in administering and enforcing the easement, 
including the costs of restoration or rehabilitation of the land to the 
extent that such restoration or rehabilitation is above and beyond that 
required by the GRP conservation plan and restoration agreement. Any 
additional restoration must be consistent with the purposes of the 
easement.
    (d) A private organization or State agency that seeks to hold title 
to a GRP easement must apply to the NRCS State Conservationist for 
approval. The State Conservationist shall consult with FSA State 
Executive Director prior to rendering its determination.
    (e) For a private organization to be qualified to be an easement 
holder, the private organization must be organized as required by 28 
U.S.C. Sec.  501(c)(3) of the Internal Revenue Code of 1986 or be 
controlled by an organization described in section 28 U.S.C. Sec.  
509(a)(2). In addition, the private organization must provide evidence 
to USDA that it has:
    (1) Relevant experience necessary to administer grassland and 
shrubland easements;
    (2) A charter that describes the commitment of the private 
organization to conserving ranchland, agricultural land, or grassland 
for grazing and conservation purposes;
    (3) The human and financial resources necessary, as determined by 
the Chief, NRCS, to effectuate the purposes of the charter; and
    (4) Sufficient financial resources to carry out easement 
administrative and enforcement activities.
    (f) In the event that the easement holder fails to enforce the terms 
of the easement, as determined in the discretion of the Secretary, the 
Secretary, his or her successors and assigns, shall have the right to 
enforce the terms of this easement through any and all authorities 
available under Federal or State law or, at the option of the Secretary, 
to have all right, title, or interest in this easement revert to the 
United States of America. Further, in the event the easement holder 
dissolves or attempts to terminate the easement, then all right, title, 
and interest shall revert to the United States of America.
    (g) Should this easement be transferred pursuant to this section, 
all warranties and indemnifications provided for in this Deed shall 
continue to apply to the United States. Subsequent to the transfer of 
this easement, the easement holder shall be responsible for conservation 
planning and implementation and will adhere to the NRCS Field Office 
Technical Guide for maintaining the viability of grassland and other 
conservation values.
    (h) Due to the Federal interest in the GRP easement, the easement 
interest cannot be condemned.