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§ 1468.26 - Agricultural land easement plan.

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The terms of the agricultural land easement deed will permit the landowner the right to continue agricultural production and related uses subject to an agricultural land easement plan, approved by NRCS and the landowner. An agricultural land easement plan is required on all ACEP-ALE easements and at a minimum must:

Describe the activities which promote the long-term viability of the land to meet the purposes for which the easement was acquired;

Identify required and recommended conservation practices that address the purposes and resource concerns for which the parcel was selected;

Identify additional or specific criteria associated with permissible and prohibited activities consistent with the terms of the deed; and

If the agricultural land easement contains certain land use types, a component plan must be incorporated by reference into the agricultural land easement plan for each land use type present on the easement as follows:

Grasslands must have a grasslands management plan as defined in this part which includes a description of the grazing management system consistent with NRCS prescribed grazing standards,

Forest land as described in § 1468.20(d)(3) must have a forest management plan, and

Highly erodible land must have a conservation plan wherein NRCS may require the conversion to less intensive uses. The terms of the conservation plan must be developed and managed in compliance with the Food Security Act of 1985 and its associated regulations.

The eligible entity is responsible to obtain and provide the agricultural land easement plan to NRCS. The agricultural land easement plan may be developed by NRCS, a qualified TSP, or an NRCS-certified conservation planner with current certifications.

Prior to the execution of the easement by the eligible entity and the landowner and payment of easement compensation to the landowner, the agricultural land easement plan must be approved by NRCS and be signed by the landowner and the eligible entity. The eligible entity is primarily responsible to ensure compliance with any required provisions of the agricultural land easement plan.

[Reserved].

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§ 1468.26 - Agricultural land easement plan.