[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: 7CFR1491.30]

[Page 798]
 
                          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 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 grantee/partner fails to enforce any of 
the terms of the conservation easement, as determined in the sole 
discretion of the Secretary of the United States Department of 
Agriculture, the Secretary and his or her successors or assigns may 
exercise the United States' rights to enforce the terms of the 
conservation easement through any and all authorities available under 
Federal or State law. In the event that the grantee/partner attempts to 
terminate, transfer, or otherwise divest itself of any rights, title, or 
interests in the conservation easement without the prior consent of the 
Secretary and, if applicable, 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 solely 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 deed must include an indemnification 
clause requiring the landowner (grantor) to indemnify and hold harmless 
the United States from any liability arising from or related to the 
property enrolled in FRPP.
    (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.
    (g) In the event NRCS determines it must exercise the United States' 
right to enforce the terms of or take title to the conservation 
easement, NRCS will provide written notice by certified mail to the 
grantee at the grantee's last known address. The notice will set forth 
the nature of the noncompliance by the grantee and a 60-day period to 
cure. If the grantee fails to cure within the 60-day period, the United 
States will take the action specified under the notice. The United 
States reserves the right to decline to provide a period to cure if NRCS 
determines that imminent harm may result to the conservation easement 
deed or the conservation values it seeks to protect.

[68 FR 26474, May 16, 2003, as amended at 71 FR 42572, July 27, 2006]