[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: 7CFR625.8]

[Page 449-450]
 
                          TITLE 7--AGRICULTURE
 
   CHAPTER VI--NATURAL RESOURCES CONSERVATION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 625_HEALTHY FORESTS RESERVE PROGRAM--Table of Contents
 
Sec. 625.8  Compensation for easements.

    (a) Establishment of rates. (1) The State Conservationist may 
determine the maximum easement payment rates to be applied to specific 
geographic areas within the State or to individual easement areas.
    (2) In order to provide for better uniformity among States, the 
Regional Assistant Chief and Chief may review and adjust, as 
appropriate, State or other geographically based easement payment rates.
    (b) Determination of easement payment rates. (1) NRCS shall offer to 
pay not less than 75 percent nor more than 100 percent of the fair 
market value of the enrolled land during the period the land is subject 
to the easement less the fair market value of the land encumbered by the 
easement for easement payments for easements of not more than 99 years.
    (2) NRCS shall offer to pay not more than 75 percent of the fair 
market value of the enrolled land less the fair market value of the land 
encumbered by the easement for 30-year easements.
    (c) NRCS may accept and use contributions of non-federal funds to 
make payments under this section.
    (d) Acceptance of offered easement compensation. (1) NRCS will not 
acquire any easement unless the landowner accepts the amount of the 
easement payment which is offered by NRCS. The

[[Page 450]]

easement payment may or may not equal the fair market value of the 
interests and rights to be conveyed by the landowner under the easement. 
By voluntarily participating in the program, a landowner waives any 
claim to additional compensation based on fair market value.
    (2) Annual easement payments may be made in no more than 10 annual 
payments of equal or unequal size, as agreed to between NRCS and the 
landowner.
    (e) Reimbursement of a landowner's expenses. For completed easement 
conveyances, NRCS will reimburse landowners for their fair and 
reasonable expenses, if any, incurred for surveying and related costs, 
as determined by NRCS. The State Conservationist may establish maximum 
payments to reimburse landowners for reasonable expenses.
    (f) Tax implications of easement conveyances. Subject to applicable 
regulations of the Internal Revenue Service, a landowner may be eligible 
for a bargain sale tax deduction which is the difference between the 
fair market value of the easement conveyed to the United States and the 
easement payment made to the landowner. NRCS disclaims any 
representations concerning the tax implications of any easement or cost-
share transaction.
    (g) Per acre payments. If easement payments are calculated on a per 
acre basis, adjustment to stated easement payment will be made based on 
final determination of acreage.