[Code of Federal Regulations]
[Title 7, Volume 6]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR624.10]

[Page 443-444]
 
                          TITLE 7--AGRICULTURE
 
   CHAPTER VI--NATURAL RESOURCES CONSERVATION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 624_EMERGENCY WATERSHED PROTECTION--Table of Contents
 
Sec. 624.10  Floodplain easements.

    (a) General. NRCS may purchase floodplain easements as an emergency 
measure. NRCS will only purchase easements from landowners on a 
voluntary basis.
    (b) Floodplain easements. (1) Floodplain easements established under 
this part will be:
    (i) Held by the United States, through the Secretary of Agriculture;
    (ii) Administered by NRCS or its designee; and
    (iii) Perpetual in duration;
    (2) Eligible land. NRCS may determine land is eligible under this 
section if:
    (i) The floodplain lands were damaged by flooding at least once 
within the previous calendar year or have been subject to flood damage 
at least twice within the previous 10 years; or
    (ii) Other lands within the floodplain would contribute to the 
restoration of the flood storage and flow, erosion control, or that 
would improve the practical management of the easement; or
    (iii) Lands would be inundated or adversely impacted as a result of 
a dam breach.
    (3) Ineligible land. NRCS may determine that land is ineligible 
under this section if:
    (i) Implementation of restoration practices would be futile due to 
``on-site'' or ``off-site'' conditions;
    (ii) The land is subject to an existing easement or deed restriction 
that provides sufficient protection or restoration, as determined by the 
Chief of NRCS, of the floodplain's functions and values; or
    (iii) The purchase of an easement would not meet the purposes of 
this part.
    (4) Compensation for easements. NRCS will determine easement 
compensation in accordance with applicable regulation and other law.
    (5) NRCS will not acquire any easement unless the landowner accepts 
the amount of the easement payment that is offered by NRCS. NRCS 
reserves the right not to purchase an easement if the easement 
compensation for a particular easement would be too expensive, as 
determined by NRCS.
    (6) NRCS may provide up to 100 percent of the restoration and 
enhancement costs of the easement. NRCS may enter into an agreement with 
the landowner or another third party to ensure that identified practices 
are implemented. NRCS, the landowner, or other designee may implement 
identified practices. Restoration and enhancement efforts may include 
both structural and non-structural practices. An easement acquired under 
this part shall provide NRCS with the full authority to restore, 
protect, manage, maintain, and enhance the functions and values of the 
floodplain.
    (7) The landowner must:
    (i) Comply with the terms of the easement;
    (ii) Comply with all terms and conditions of any associated 
agreement; and
    (iii) Convey title to the easement that is acceptable to NRCS and 
warrant that the easement is superior to the rights of all others, 
except for exceptions to the title that are deemed acceptable by NRCS.
    (8) Structures, including buildings, within the floodplain easement 
may be demolished and removed, or relocated outside the 100-year 
floodplain or dam breach inundation area.
    (c) Easements acquired under this part may not be modified or 
terminated. However, in limited situations,

[[Page 444]]

as determined by the Chief of NRCS and when in the best interest of the 
Government, land exchanges may be authorized pursuant to (7 U.S.C. 428a) 
and other applicable authorities.
    (d) Enforcement. (1) In the event of a violation of an easement, the 
violator will be given reasonable notice and an opportunity to correct 
the violation within 30 days of the date of the notice, or such 
additional time as NRCS may allow.
    (2) NRCS reserves the right to enter upon the easement area at any 
time to remedy deficiencies or easement violations. Such entry may be 
made at the discretion of NRCS when such actions are deemed necessary to 
protect important floodplain functions and values or other rights of the 
United States under the easement. 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 easement or agreement obligations.
    (3) In addition to any and all legal and equitable remedies as may 
be available to the United States under applicable law, NRCS may 
withhold any easement and cost-share payments owing to landowners at any 
time there is a material breach of the easement covenants or any 
associated agreements. Such withheld funds may be used to offset costs 
incurred by the United States, in any remedial actions, or retained as 
damages pursuant to court order or settlement agreement.
    (4) NRCS will be entitled to recover any and all administrative and 
legal costs, including attorney's fees or expenses, associated with any 
enforcement or remedial action.
    (5) On the violation of the terms or conditions of the easement or 
related agreement, the easement shall remain in force, and NRCS may 
require the landowner to refund all or part of any payments received by 
the landowner under this Part, together with interest thereon as 
determined appropriate by NRCS.
    (6) All the general penal statutes relating to crimes and offenses 
against the United States shall apply in the administration of 
floodplain easements acquired under this part.