[Code of Federal Regulations]
[Title 7, Volume 10]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR1415.4]

[Page 415-416]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE
 
PART 1415_GRASSLAND RESERVE PROGRAM--Table of Contents
 
Sec. 1415.4  Program requirements.

    (a) Only landowners may submit applications for easements. For 
rental agreements, the prospective participant must provide evidence of 
control of the property for the duration of the rental agreement.
    (b) The easement and rental agreement will require that the area be 
maintained in accordance with GRP goals and objectives for the duration 
of the term of the easement or rental agreement, including the 
conservation, protection, enhancement, and, if necessary, restoration of 
the grassland functions and values.
    (c) All participants in GRP are required to implement a conservation 
plan approved by USDA to conserve, protect, enhance, and, if necessary, 
restore the viability of the grassland enrolled into the program. The 
conservation plan documents the conservation values, characteristics, 
current and future use of the land, and practices that need to be 
applied along with a schedule for application.
    (d) The easement and rental agreement must grant USDA or its 
representatives a right of ingress and egress to the easement and rental 
agreement area. For easements, this access is legally described by the 
conservation easement deed. Access to rental agreement areas is 
identified in the GRP conservation plan.
    (e) Easement participants are required to convey title that is 
acceptable to the United States and provide consent or subordination 
agreements from each holder of a security or other interest in the land. 
The landowner must warrant that the easement granted the United States 
is superior to the rights of all others, except for exceptions to the 
title that are deemed acceptable by the USDA.
    (f) Easement participants are required to use a standard GRP 
conservation easement deed developed by USDA. The easement grants 
development rights, title, and interest in the easement area in order to 
protect grassland and other conservation values.
    (g) The program participant must comply with the terms of the 
easement or rental agreement and comply with all terms and conditions of 
the conservation plan and any associated restoration agreement.
    (h) Easements and rental agreements allow the following activities:
    (1) Common grazing practices, including maintenance and cultural 
practices on the land in a manner that is consistent with maintaining 
the viability of native and naturalized grass and shrub species;
    (2) Haying, mowing, or harvesting for seed production, except that 
such uses

[[Page 416]]

shall have certain restrictions as determined by the NRCS State 
Conservationist, in consultation with the State technical committee, in 
order to protect, during the nesting season, birds in the local area 
that are in significant decline or are conserved in accordance with 
Federal or State law; and
    (3) Fire rehabilitation and construction of firebreaks, fences, 
corrals, watering facilities, seedbed preparation and seeding, and any 
other related facilitating practices, as determined by USDA, needed to 
protect and restore the grassland functions and values.
    (i) Any activity that would disturb the surface of the land covered 
by the easement is prohibited except for:
    (1) Common grazing management practices which are carried out in a 
manner consistent with maintaining the functions and values of grassland 
common to the local area, including fire rehabilitation and construction 
of firebreaks, construction of fences, and restoration practices,
    (2) Maintenance and necessary cultural practices associated with 
common grazing practices, and
    (3) Other activities that result in only a temporary disturbance to 
the surface of the land where USDA determines that the manner, number, 
intensity, location, operation, and other features associated with the 
activity will not adversely affect the grassland resources protected 
under an easement or rental agreement. Such a temporary disturbance, 
being of a short duration and, not to exceed the extent of time 
ordinarily necessary for completing an activity, as determined by USDA.
    (j) Rental agreement contracts may be terminated by USDA without 
penalty or refund if the original participant dies, becomes incompetent, 
or is otherwise unavailable during the contract period.
    (k) Participants, with the agreement of USDA, may convert rental 
agreements to an easement, provided that the easement is for a longer 
duration than the rental agreement, funds are available, and the project 
meets conditions established by the USDA. Land cannot be enrolled in 
both a rental agreement option and an easement enrollment option at the 
same time. The rental agreement shall be deemed terminated the date the 
easement is recorded in the local land records office.