[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: 7CFR1491.4]

[Page 793-794]
 
                          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 FRPP, the Secretary, on behalf of CCC, shall purchase 
conservation easements, in partnership 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

[[Page 794]]

easement purchase. In return, the entity agrees to acquire, hold, 
manage, and enforce the easement. A United States' rights clause must 
also be included in each FRPP funded easement deed for the protection of 
the Federal investment, and the United States must be named as a grantee 
on each FRPP funded easement deed.
    (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) For a farm to be considered eligible, the forest land of a farm 
cannot exceed two-thirds of the easement area.
    (5) 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.
    (6) 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 must be completed and signed by a 
State-certified general appraiser and must contain a disclosure 
statement by the appraiser. The appraisal must conform to the Uniform 
Standards of Professional Appraisal Practices and the Uniform Appraisal 
Standards for Federal Land Acquisitions. In addition, NRCS may require 
an eligible entity to obtain an appraisal using NRCS appraisal 
instructions in order to ensure the accuracy of the conservation 
easement appraisal upon which the NRCS contribution towards fair market 
value is based.
    (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.

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