Orange County NC Website
Browse       Search
3. Prior to NRCS accepting the conservation easement and processing the payment, <br />NRCS shall: ensure that a conservation plan for highly erodible lands is developed in accordance <br />with 7 CFR part 12 and that an AD-1026, obtain approval of the conservation easement deed or <br />Conservation Easement Deed template from the National Headquarters of the NRCS or the <br />Office of General Counsel; and acquire a signed letter from the closing agent indicating that the <br />agent meets FRPP closing agent requirements, an executed NRCS CPA-230, Confirmation of <br />Matching Funds, and a copy of the title commitment. <br />4. NRCS shall conduct administrative and technical reviews of appraisals in accordance <br />with NRCS Conservation Programs Manual, part 519. <br />5. NRCS shall certify payment for all conservation easements for parcels listed on <br />Attachment A acquired by September 30, 2011. <br />B. Those of Orange County - <br />1. Orange County shall perform necessary legal and administrative actions to ensure <br />proper acquisition and recordation of valid Conservation Easement Deeds. <br />2. Orange County shall pay all costs of conservation easement procurement and will <br />operate and manage each conservation easement in accordance with Orange County program, <br />this Cooperative Agreement, and 7 CFR part 1491. The United States shall have no <br />responsibility for the costs or management of the conservation easements purchased by Orange <br />County unless it exercises its rights under a Conservation Easement Deed. To the extent <br />permitted by North Carolina law, Orange County shall indemnify, and hold the United States <br />harmless for any costs, damages, claims, liabilities, and judgments arising from past, present, and <br />future acts or omissions of Orange County in connection with the acquisition and management <br />of the conservation easements acquired pursuant to this Cooperative Agreement. This <br />indemnification and hold harmless provision includes but is not limited to acts and omissions of <br />Orange County agents, successors, assigns, employees, contractors, or lessees in connection <br />with the acquisition and management of the conservation easements acquired pursuant to this <br />Cooperative Agreement which result in violations of any laws and regulations which are now or <br />which may in the future become applicable. <br />3. Non-governmental organizations shall continue to meet the requirements specified in <br />Title II, Subtitle E, Section 2401 of the Food, Conservation, and Energy Act of 2008. The Act <br />states that eligible organizations are "any organization that- <br />(A) is organized for, and at all times since the formation of the organization has been <br />operated principally for, 1 or more of the conservation purposes specified in clause <br />(i), (ii), (iii), or (iv) of section 170(h)(4)(A) of the Internal Revenue Code of 1986; <br />(B) is an organization described in section 501(c)(3) of that Code that is exempt from <br />taxation under 501 (a) of that Code; <br />(C) is described in section 509 (a)(2) of that Code; or <br />(D) is described in section 509(a)(3) of that Code and is controlled by an organization <br />described in section 509 (a)(2) of that Code." <br />11 <br />